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 II
2002 Atlanta, Ga. Printed on Recycled Paper
WEDNESDAY, MARCH 27, 2002
2689
Representative Hall, Atlanta, Georgia Wednesday, March 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.
The roll was called and the following Representatives answered to their names:
Amerson Ashe Bannister Bell Birdsong Black Boggs Bridges Brooks Broome Brown Buck Buckner Bulloch Bunn Burkhalter Burmeister Byrd Campbell Childers E Coleman, B Collins Connell
Crawford Cummings Day Deloach, G E Dix Dodson Ehrhart Everett Floyd Forster Franklin Gardner E Golick Grasse Graves Hammontree Hanner Harbin Harrell Heard E Hembree Hines Holland
Howard Hudgens Hudson, N E Hudson, S Hugley E Jackson, B Jenkins Jennings Johnson Jordan Kaye Keen Knox Lane E Lewis Manning McBee Millar Mills Morris Mosley Mueller Muntean
O'Neal Parham Parsons E Pelote Pinholster Poag E Porter Purcell Reece Reichert Richardson Roberts, D Royal Sanders Scheid Scott Seay Shanahan Sholar Skipper Smith, B E Smith, C Smith, C.W
Smith, L Smith, T E Smith, V E Snelling Snow Stallings Stanley-Turner Stephens Stokes Taylor Teper E Tillman Turnquest E Walker, L Watson 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, Anderson of the 116th, Barnard of the 154th, Barnes of the 97th, Benfield of the 67th, Bordeaux of the 151st, Borders of the 177th, Cash of the 108th, Channell of the 111th, Coleman of the 142nd, Cooper of the 31st, Cox of the 105th, Davis of the 60th, Dean of the 48th, DeLoach of the 172nd, Drenner of the 66th, Epps of the 131st, Heckstall of the 55th, Henson of the 65th, Holmes of the 53rd, Houston of the 166th, Irvin of the 45th, Jackson of the 148th, Jamieson of the 22nd, Joyce of the 1st, Lanier of the 145th, Lord of the 121st, Lucas of the 124th, Lunsford of the 109th, Maddox of the 72nd, Mangham of the 75th, McCall of the 90th, McClinton of the 68th, McKinney of the 51st, Orrock of the 56th, Parrish of the 144th, Powell of the
2690
JOURNAL OF THE HOUSE
23rd, Randall of the 127th, Ray of the 128th, Reed of the 52nd, Rice of the 79th, Roberts of the 162nd, Rogers of the 20th, Sailor of the 71st, Shaw of the 176th, Sims of the 167th, Sinkfield of the 57th, Smith of the 12th, Smyre of the 136th, Stanley of the 49th, Unterman of the 84th, Walker of the 87th, Westmoreland of the 104th, Williams of the 83rd, and Yates of the 106th.
They wish to be recorded as present.
Prayer was offered by Dr. Robert W. Massey, Pastor, First Baptist Church, Cleveland, Georgia.
The members pledged allegiance to the flag.
Representative Teper of the 61st, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
WEDNESDAY, MARCH 27, 2002
2691
HB 1803. By Representative Franklin of the 39th: A BILL to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to change the criminal penalty for false reports of crimes; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1804. By Representatives Wix of the 33rd, Johnson of the 35th, Golick of the 30th, Parsons of the 40th, Wiles of the 34th and others: A BILL to amend an Act known as the "South Cobb Development Authority Act," so as to change the provisions relating to the membership of the authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1805. By Representatives Wix of the 33rd, Johnson of the 35th, Golick of the 30th, Parsons of the 40th, Wiles of the 34th and others: A BILL to authorize Cobb 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; to provide for a referendum; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1806. By Representative Anderson of the 116th: A BILL to provide a new charter for the City of Gough; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
2692
JOURNAL OF THE HOUSE
HB 1807. By Representatives Cash of the 108th, Lunsford of the 109th and Sanders of the 107th:
A BILL to amend and restate an Act known as the "Henry County Development Authority Act," so as to substantially revise the laws relating to the Henry County Development Authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1808. 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 1809. By Representatives Mobley of the 69th and Watson of the 70th:
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 right of action for sexual harassment against a student; to provide for a right of action for retaliation for complaining about or participation in an investigation of sexual harassment against a student; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1810. By Representatives Mobley of the 69th and Drenner of the 66th:
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 extend eligibility for the HOPE scholarship to undocumented immigrants; to provide a definition of undocumented immigrant; and for other purposes.
WEDNESDAY, MARCH 27, 2002
2693
Referred to the Committee on Higher Education.
HB 1811. By Representative Joyce of the 1st:
A BILL to amend an Act creating the board of commissioners of Dade County, so as to revise the districts for the election of members of the board of commissioners; to provide for the composition and membership of the board of commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1812. By Representative McCall of the 90th:
A BILL to provide for an advisory referendum election to be held in Elbert County for the purpose of determining if a change in the form of government is desired by the people of said county; to provide for the creation of a study committee to determine what changes in the form of government of said county may be appropriate; to provide that the creation of said study committee shall be contingent on the results of the referendum election; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1813. By Representative Smith of the 169th:
A BILL to amend an act creating the board of commissioners of Brantley County, so as to provide for an advisory referendum election to be held in Brantley County for the purpose of ascertaining if a change in the form of government of Brantley County is desired by the people of said county; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
2694
JOURNAL OF THE HOUSE
HB 1814. By Representative Smith of the 169th:
A BILL to amend an Act providing for election of the members of the Board of Education of Brantley County, so as to provide for an advisory referendum election to be held in the Brantley County school district for the purpose of ascertaining if a change in the manner of electing the Board of Education of Brantley County is desired by the people of said school district; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 1492. By Representatives Coleman of the 142nd, Parham of the 122nd, Twiggs of the 8th, Porter of the 143rd, McKinney of the 51st and others:
A RESOLUTION creating the House State Law Enforcement Officers' Advocate Study Committee; and for other purposes.
Referred to the Committee on Rules.
HR 1493. By Representatives Smith of the 19th, Reece of the 11th, Bridges of the 9th, Stephens of the 150th, Hudson of the 156th and others:
A RESOLUTION creating the House Study Committee on Severe Weather Warning and Communications; 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 1786 HB 1787 HB 1789 HB 1790 HB 1791 HB 1792
SB 428 SB 451 SB 458 SB 467 SB 475 SB 481
HB 1793 HB 1794 HB 1795 HB 1796 HB 1797 HB 1798 HB 1799 HB 1800 HB 1801 HB 1802 HR 1487 SB 62 SB 138 SB 167 SB 187 SB 257 SB 285 SB 296 SB 355 SB 373 SB 384 SB 396 SB 399 SB 401 SB 427
WEDNESDAY, MARCH 27, 2002
SB 482 SB 483 SB 491 SB 501 SB 505 SB 510 SB 515 SB 519 SB 532 SB 534 SB 537 SB 538 SB 541 SB 542 SB 546 SB 551 SB 559 SB 560 SB 561 SB 564 SR 637 SR 826 SR 852 SR 854 SR 923
2695
Pursuant to Rule 52, Representative Jamieson of the 22nd moved that the following Bill of the Senate be engrossed:
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
2696
JOURNAL OF THE HOUSE
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.
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 Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1586 Do Pass, by Substitute HB 1707 Do Pass HB 1761 Do Pass HB 1762 Do Pass HB 1763 Do Pass HB 1764 Do Pass HB 1765 Do Pass HB 1766 Do Pass HB 1767 Do Pass HB 1771 Do Pass HB 1775 Do Pass, by Substitute
HB 1776 Do Pass HB 1777 Do Pass HB 1778 Do Pass HB 1779 Do Pass HB 1780 Do Pass HB 1781 Do Pass HB 1782 Do Pass HB 1788 Do Pass SB 382 Do Pass SB 496 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR WEDNESDAY, MARCH 27, 2002
Mr. Speaker and Members of the House:
WEDNESDAY, MARCH 27, 2002
2697
The Committee on Rules has fixed the calendar for this 34th Legislative Day as enumerated below:
SB 79 SB 100
SB 357
SB 364
SB 394
Indemnification of Public Safety Employees; references to firefighters Peace Officers' Benefit Fund; retirees with 30 years of service; return to service Water Systems; building owners who charge tenants based upon water usage Brain and Spinal Injury Trust Fund; state commission to disburse funds for care and rehabilitative services Board of Human Resources; composition; members from each congressional district
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 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 following Committee substitute was read and adopted:
2698
JOURNAL OF THE HOUSE
A BILL
To amend an Act creating the Etowah Water and Sewer Authority, approved March 18, 1980 (Ga. L. 1980, p. 3407), as amended, particularly by an Act approved on March 20, 1985 (Ga. L. 1985, p. 4038), 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 the tax-exempt status of the authority; 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 creating the Etowah Water and Sewer Authority, approved March 18, 1980 (Ga. L. 1980, p. 3407), as amended, particularly by an Act approved on March 20, 1985 (Ga. L. 1985, p. 4038), is amended by striking Section 5 and inserting in lieu thereof a new Section 5 to read as follows:
"SECTION 5. Revenue bonds.
The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority, shall have power and is hereby authorized to provide by resolution for the issuance of revenue bonds of the Authority for the purpose of paying all or any part of the costs of the project and for the purpose of refunding revenue bonds or other obligations previously issued. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided in this Act for such payment. The revenue bonds of each issue shall be dated, shall bear interest as such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority and may be redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution for the issuance of such revenue bonds."
SECTION 2. Said Act is further amended by adding a new section, to be designated Section 32, to read as follows:
"SECTION 32. Tax-exempt status of authority.
The properties of the Authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the State of Georgia and not
WEDNESDAY, MARCH 27, 2002
2699
for purposes of private or corporate benefit and income, and such properties and the Authority shall be exempt from all taxes and special assessments of any municipality, county, or the State of Georgia and any political subdivision thereof."
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 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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.
2700
JOURNAL OF THE HOUSE
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
WEDNESDAY, MARCH 27, 2002
2701
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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.
The following Committee substitute was read and adopted:
2702
JOURNAL OF THE HOUSE
A BILL
To amend an Act creating the office of Commissioner of Walker County, approved February 10, 1939 (Ga. L. 1939, p. 751), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4492), so as to change the compensation of the commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the office of Commissioner of Walker County, approved February 10, 1939 (Ga. L. 1939, p. 751), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4492), is amended by striking Section 9 of the Act and inserting in lieu thereof a new Section 9 to read as follows:
"SECTION 9. The Commissioner of Walker County shall receive an annual salary in an amount $500.00 greater than the annual salary received by the highest paid elected county officer of Walker County; provided, however, that such salary shall not be reduced during such commissioners term of office or any subsequent term of office of the same individual serving as the sole commissioner of Walker County in the event that the salary of the highest paid county officer of Walker County upon which such commissioners salary is based is reduced for any reason. However, in the event that a new sole commissioner is elected, the salary shall be reset to an amount $500.00 greater than the annual salary received by the highest paid elected county officer of Walker County. Such salary shall be paid monthly out of the county depository or treasury. Said commissioner shall give his or her full time to the discharge of his or her duties as such. The commissioner is hereby authorized to purchase an automobile from the funds of Walker County, which such commissioner shall use in the discharge of the official duties of his or her office. The expenses of the operation of such automobile shall be paid from the funds of the county. The commissioner shall continue to receive the expense allowance provided for in Section 10 of this Act."
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.
WEDNESDAY, MARCH 27, 2002
2703
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1779. By Representative Stokes of the 92nd:
A BILL to provide a new charter for the City of Porterdale; and for other purposes.
2704
JOURNAL OF THE HOUSE
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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 additional $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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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:
WEDNESDAY, MARCH 27, 2002
2705
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
2706
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
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 Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B
Coleman, T Y Collins Y 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
Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner E Golick Y Grasse Y Graves
Greene Hammontree Y Hanner Y Harbin Y Harrell Y Heard Heckstall E Hembree Henson Y Hines Holland Y Holmes Y Houston Y Howard
Y Hudgens Y Hudson, N E Hudson, S Y Hugley
Irvin E Jackson, B
Jackson, L Y James
Jamieson Y Jenkins Y Jennings
Johnson Y Jordan Y 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
McClinton McKinney Millar Y Mills Mobley Y Morris Y Mosley
Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote Y Pinholster Y Poag E Porter Y 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
Sims Sinkfield Y Skipper
Y Smith, B Y Smith, C Y Smith, C.W
Smith, L E Smith, P Y Smith, T E Smith, V Y Smyre E Snelling Y Snow
Squires Y Stallings
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 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 133, nays 0. The Bills, having received the requisite constitutional majority, were passed.
Representative Orrock of the 56th arose to a point of personal privilege and addressed the House.
WEDNESDAY, MARCH 27, 2002
2707
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 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.
The following Committee amendment was read and adopted:
The Committee on Health and Ecology moves to amend SB 364 by striking lines 16 through 19 of page 2 and inserting in their places the following:
"(3) The Department of Public Safety; and (4) The Department of Community Health; and (5) The Department of Human Resources. The remaining 11 ten members of the authority commission shall be appointed by the Governor, eight seven of whom shall be citizens who have sustained brain or spinal cord injury".
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 Cox Y Crawford Y Cummings Y Davis
Y Hudgens Y Hudson, N E Hudson, S Y Hugley
Y Mueller Y Muntean Y O'Neal Y Orrock
Y Smith, B Y Smith, C Y Smith, C.W
Smith, L
2708
Y Bannister Y Barnard Y 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 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
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 Y Harbin Y Harrell Y Heard Heckstall E Hembree Y Henson Y Hines Holland Y Holmes Y Houston Y Howard
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 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 Parham Y Parrish Y Parsons E Pelote Y Pinholster Y Poag E 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
Sims Sinkfield Y Skipper
E Smith, P Y Smith, T E 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 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 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
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.
WEDNESDAY, MARCH 27, 2002
2709
The following amendment was read and ruled not germane:
Representative Mueller of the 152nd moves to amend SB 357 by inserting on line 1 of page 1, following the word "To", the following:
"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; to"
By inserting immediately following line 6 of page 1 the following:
"SECTION 1. 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, is amended by striking in its entirety subsection (i) and inserting in lieu thereof the following:
'(i) No bond or irrevocable letter of credit provided for in this Code section shall be accepted by the director from any water well contractor or driller who shall drill any well or borehole for the purpose of injecting any surface water into the floridan aquifer in any county governed by the Georgia coastal zone management program provided by Code Section 12-5-327 after July 1, 1999, and before December 31, 2002 2007.'"
By renumbering Sections 1 and 2 as Sections 2 and 3, respectively.
The report of the Committee, which was favorable to the 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 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 Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin E Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson
N Mueller N Muntean N O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote Y Pinholster Y Poag E Porter Y Powell
Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L E Smith, P Y Smith, T E Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings
2710
Y Bordeaux Y Borders N Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch N Bunn Y Burkhalter N Burmeister Y Byrd N 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 Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Gardner E Golick N Grasse Y Graves
Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall E Hembree Y Henson N Hines Y Holland Y Holmes Y Houston Y Howard
Y Jordan N Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier E 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 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 N Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper
Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper E Tillman Y Turnquest N Twiggs Y Unterman E 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 141, nays 15. The Bill, having received the requisite constitutional majority, was passed.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Allen N Amerson Y Anderson Y Ashe
Y Cox Crawford
Y Cummings Y Davis
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Y Mueller N Muntean N O'Neal Y Orrock
Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L
Y Bannister Y Barnard
Barnes Y Bell
Benfield 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 N Burmeister Y Byrd N Callaway Y Campbell Y Cash Y Channell Y Childers N Coan E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
WEDNESDAY, MARCH 27, 2002
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
Forster N Franklin Y Gardner E Golick Y Grasse Y Graves
Greene Y Hammontree Y Hanner Y Harbin Y Harrell
Heard Heckstall E Hembree Henson N Hines Y Holland Y Holmes Y Houston Y Howard
Y Irvin E Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings Y Johnson Y Jordan N 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 McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley
Y Parham Y Parrish Y Parsons E Pelote Y Pinholster Y Poag E Porter Y Powell Y Purcell Y Ragas Y Randall
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 Y Sims Y Sinkfield Y Skipper
2711
E Smith, P Y Smith, T E 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 N Unterman E Walker, L N 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, the ayes were 135, nays 17. The Bill, having received the requisite constitutional majority, was passed.
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.
2712
JOURNAL OF THE HOUSE
The following Committee amendment was read and adopted:
The Committee on Public Safety moves to amend SB 79 by striking "2001" on line 11 of page 7 and inserting "2002" in lieu thereof.
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
Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks
Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
Y Cox Y Crawford Y Cummings Y Davis Y Day
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 E Golick Y Grasse Y Graves
Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall E Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin E 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 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 E Pelote Y Pinholster Y Poag E 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 E Smith, P Y Smith, T E Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings
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 Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
WEDNESDAY, MARCH 27, 2002
2713
On the passage of the Bill, as amended, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
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.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options, 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 after attaining the age of 55 years 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options, 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, is amended by striking in its entirety subsection (g) and inserting in lieu thereof the following:
2714
JOURNAL OF THE HOUSE
"(g)(1) Except as provided in paragraph paragraphs (2) and (3) of this subsection, any member who again becomes employed as a peace officer after having been placed on retirement under this Code section shall immediately notify the secretary-treasurer of such reemployment. Retirement benefits being paid to such member shall be terminated as of the date of such reemployment and shall remain terminated for the duration of such reemployment. During such period of reemployment, said member shall pay regular monthly dues into this fund. Upon meeting the requirements provided by law, such member shall be entitled to all benefits provided for in Code Sections 47-17-81 and 47-17-82; but such member shall not be entitled to any increase in retirement benefits by virtue of service during the period of reemployment unless such reemployment is for a term of three years or more, in which instance such member may again apply for retirement as if he or she had not previously been retired; and he or she shall be entitled to such benefits as may be provided by law at that time, if he or she so chooses. (2) The provisions of paragraph (1) of this subsection shall not apply to a retired member employed in any capacity for 1,040 hours or less in any calendar year. (3) The provisions of paragraph (1) of this subsection shall not apply to a member otherwise qualified for a normal service retirement under this chapter with at least 30 years of creditable service and who has attained the age of 55. Any such member may continue or reenter employment as a peace officer and shall for all purposes be considered a retired member of this fund."
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 Cox Y Crawford
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 E Smith, P
Y Barnard 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 Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
WEDNESDAY, MARCH 27, 2002
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 Y Harbin Y Harrell Y Heard
Heckstall E Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard
E 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 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 Parrish Y Parsons E Pelote Y Pinholster Y Poag E 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 Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
2715
Y Smith, T E Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings
Stanley Y 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 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 148, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representatives Dean of the 48th 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 Resolutions of the House were read and adopted:
HR 1495. By Representative Sims of the 167th: A RESOLUTION commending Amit Goel on becoming an Eagle Scout; and for other purposes.
2716
JOURNAL OF THE HOUSE
HR 1496. By Representatives Rogers of the 20th, Murphy of the 18th, Hanner of the 159th, Lane of the 146th and Twiggs of the 8th: A RESOLUTION commending Don Carter and urging the Georgia Department of Natural Resources to recognize his service to the Georgia Board of Natural Resources; and for other purposes.
HR 1497. By Representative Sims of the 167th: A RESOLUTION commending Randy Drew on becoming an Eagle Scout; and for other purposes.
HR 1498. By Representative Sims of the 167th: A RESOLUTION commending Bradley Adams on becoming an Eagle Scout; and for other purposes.
HR 1499. By Representative Sims of the 167th: A RESOLUTION commending Keenan Henderson on becoming an Eagle Scout; and for other purposes.
HR 1500. By Representative Sims of the 167th: A RESOLUTION commending Gabe Brown on becoming an Eagle Scout; and for other purposes.
HR 1501. By Representative Sims of the 167th: A RESOLUTION commending Christopher Benson on becoming an Eagle Scout; and for other purposes.
HR 1502. By Representative Coleman of the 142nd: A RESOLUTION recognizing and commending Coach Dick Kelly of Dodge County High School; and for other purposes.
WEDNESDAY, MARCH 27, 2002
2717
HR 1503. By Representative Sims of the 167th: A RESOLUTION commending Jesse Roberts on becoming an Eagle Scout; and for other purposes.
HR 1504. By Representatives Stanley of the 50th and Stanley of the 49th: A RESOLUTION commending Mrs. Joan Sawyer; and for other purposes.
HR 1505. By Representatives Stanley of the 50th and Stanley of the 49th: A RESOLUTION expressing regret at the passing of Mrs. Margaret Ponder; and for other purposes.
HR 1506. 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 for other purposes.
HR 1507. By Representatives Johnson of the 35th, Wix of the 33rd, Parsons of the 40th, Manning of the 32nd, Golick of the 30th and others: A RESOLUTION commending Michael H. S. Hughes; and for other purposes.
HR 1508. By Representatives Johnson of the 35th, Wix of the 33rd, Golick of the 30th, Parsons of the 40th, Franklin of the 39th and others: A RESOLUTION expressing regret at the passing of Petty Officer Jason Lawson; and for other purposes.
2718
JOURNAL OF THE HOUSE
HR 1509. By Representative Pelote of the 149th:
A RESOLUTION expressing regret at the passing of Lester R. Hayes, Sr.; and for other purposes.
HR 1510. By Representative Sims of the 167th:
A RESOLUTION commending Brandon Adams on becoming an Eagle Scout; and for other purposes.
HR 1511. By Representatives Teper of the 61st and Parham of the 122nd:
A RESOLUTION recognizing and commending Rudene Williams; and for other purposes.
HR 1512. By Representatives Stephens of the 150th and Day of the 153rd: A RESOLUTION commending Ted O. Romine; and for other purposes.
HR 1513. By Representatives Stephens of the 150th and Day of the 153rd:
A RESOLUTION commending and congratulating Andrew Hayes; and for other purposes.
HR 1514. By Representatives Jackson of the 148th, Childers of the 13th and Henson of the 65th:
A RESOLUTION recognizing and commending John F. Freihaut, D.D.S., President of the Georgia Dental Association; and for other purposes.
HR 1515. By Representatives Wiles of the 34th, Ehrhart of the 36th, Franklin of the 39th, Parsons of the 40th, Johnson of the 35th and others:
A RESOLUTION commending Cobb Family Resources and recognizing Cobb Family Resources Day at the state capitol; and for other purposes.
WEDNESDAY, MARCH 27, 2002
2719
HR 1516. By Representatives Teper of the 61st and Benfield of the 67th:
A RESOLUTION celebrating the life of Miss Kristin Elizabeth Hugueley and expressing regret at her untimely passing; and for other purposes.
HR 1517. By Representatives Seay of the 93rd, Brooks of the 54th, McKinney of the 51st, Dodson of the 94th, Buckner of the 95th and others:
A RESOLUTION recognizing and commending Wade Starr, Sr.; and for other purposes.
HR 1518. By Representatives Jackson of the 148th, Ragas of the 64th and Mangham of the 75th:
A RESOLUTION recognizing and commending Donald Lee Hollowell; and for other purposes.
HR 1519. By Representatives Seay of the 93rd, Brooks of the 54th, McKinney of the 51st, Dodson of the 94th, Buckner of the 95th and others:
A RESOLUTION commending the Elijah Summitt Lodge #309; and for other purposes.
HR 1520. By Representatives Seay of the 93rd, Brooks of the 54th, McKinney of the 51st, Dodson of the 94th, Buckner of the 95th and others:
A RESOLUTION honoring the memory of Sergeant First Class (Ret.) Ulysses Lee and expressing regret at his passing; and for other purposes.
HR 1521. By Representatives Campbell of the 42nd and Burkhalter of the 41st: A RESOLUTION honoring Mr. Jimmy Phillips; and for other purposes.
HR 1522. By Representative Campbell of the 42nd: A RESOLUTION commending Phillip A. Vance; and for other purposes.
2720
JOURNAL OF THE HOUSE
HR 1523. By Representatives Purcell of the 147th, Ray of the 128th, Floyd of the 138th, Greene of the 158th, McCall of the 90th and others: A RESOLUTION commending and expressing appreciation to Terry A. McKenzie on the occasion of his retirement; and for other purposes.
HR 1524. By Representatives Mueller of the 152nd, Davis of the 60th, Wilkinson of the 43rd, Massey of the 86th, Westmoreland of the 104th and others: A RESOLUTION commending the Francis S. Bartow Camp No. 93 of the Sons of Confederate Veterans; and for other purposes.
HR 1525. By Representatives Mueller of the 152nd, Davis of the 60th, Wilkinson of the 43rd, Massey of the 86th, Westmoreland of the 104th and others: A RESOLUTION commending the Savannah Chapter No. 2 of the United Daughters of the Confederacy; and for other purposes.
HR 1526. By Representatives Lunsford of the 109th, Cash of the 108th, Ehrhart of the 36th, Westmoreland of the 104th, Yates of the 106th and others: A RESOLUTION honoring BlakeTurner; and for other purposes.
HR 1527. By Representatives Smith of the 103rd, Brown of the 130th, Yates of the 106th and Westmoreland of the 104th: A RESOLUTION commending Bernie Parks; and for other purposes.
HR 1528. By Representatives Birdsong of the 123rd and Jenkins of the 110th: A RESOLUTION recognizing the 21st reunion of the men of the 209th AAA Battalion A Battery; and for other purposes.
HR 1529. By Representatives Borders of the 177th, Black of the 178th and Shaw of the 176th:
WEDNESDAY, MARCH 27, 2002
2721
A RESOLUTION recognizing the Power Team and Dr. Scot Cressman, Shawn Harper, Marc Wilkes, and Greg Lewis; and for other purposes.
HR 1530. By Representatives Amerson of the 7th, Murphy of the 18th, Pinholster of the 15th, Williams of the 5th and Hudson of the 120th:
A RESOLUTION commending the Lady Saints Basketball Team of North Georgia College & State University as the 2002 Georgia, Alabama, Carolina Conference Champions; and for other purposes.
HR 1531. By Representatives Rogers of the 20th, Murphy of the 18th and Coleman of the 142nd:
A RESOLUTION commending Dr. John S. Burd, President of Brenau University and celebrating the grand opening of the John S. Burd Center for the Performing Arts; and for other purposes.
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 119 Do Pass, by Substitute
Respectfully submitted, /s/ Byrd of the 170th
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
2722
JOURNAL OF THE HOUSE
of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 206 Do Pass, by Substitute SB 330 Do Pass SB 459 Do Pass
SB 530 Do Pass SB 534 Do Pass
Respectfully submitted, /s/ Jenkins of the 110th
Chairman
Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, April 1, 2002.
MONDAY, APRIL 1, 2002
2723
Representative Hall, Atlanta, Georgia Monday, April 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:
Ashe Bannister Barnard Bell Benfield Birdsong Bridges Brooks Broome Brown Buck Bulloch Bunn E Burkhalter Burmeister Byrd Callaway Campbell Childers Coan Coleman, B Collins Connell Cox
Crawford Cummings Davis E Day Deloach, B Dodson Drenner Ehrhart Epps Everett Floyd Forster Franklin Gardner E Golick Grasse Greene Hammontree Heard Hembree Henson Hines Holland Houston
Hudgens Hudson, S Hugley Jackson, B E Jackson, L Jennings Johnson Jordan E Joyce Kaye Keen Knox E Lanier Lewis Lord Lunsford Massey McBee McKinney Millar Mills Mosley Mueller Muntean
O'Neal Parham Parsons Pelote Pinholster Poag E Porter Powell Purcell Reece Richardson Roberts, D E Roberts, L Rogers Royal Sanders E Scheid Seay Shanahan Shaw Sholar Sims Skipper Smith, C.W
Smith, L Smith, P Smith, V Snelling Stanley-Turner E Stephens Stokes Taylor Teper E Tillman Turnquest Twiggs Unterman Walker, L Walker, R.L Watson West Wiles Wilkinson Willard Williams, J Williams, R Yates Murphy, Speaker
The following members were off the floor of the House when the roll was called:
Representatives Amerson of the 7th, Anderson of the 116th, Barnes of the 97th, Black of the 178th, Boggs of the 168th, Bordeaux of the 151st, Borders of the 177th, Buckner of the 95th, Cash of the 108th, Channell of the 111th, Cooper of the 31st, DeLoach of the 119th, Dukes of the 161st, Graves of the 125th, Hanner of the 159th, Harbin of the 113th, Heckstall of the 55th, Holmes of the 53rd, Howard of the 118th, Hudson of the 156th, Irvin of the 45th, James of the 140th, Jamieson of the 22nd, Jenkins of the 110th, Lane of the 146th, Lucas of the 124th, Maddox of the 72nd, Mangham of the 75th, Manning of the 32nd, McCall of the 90th, Orrock of the 56th, Parrish of the 144th, Ragas of the 64th, Randall of the 127th, Ray of the 128th, Reichert of the 126th, Rice of the 79th, Sailor of
2724
JOURNAL OF THE HOUSE
the 71st, Scott of the 165th, Sinkfield of the 57th, Smith of the 169th, Smith of the 175th, Smith of the 91st, Smyre of the 136th, Stallings of the 100th, Stanley of the 49th, and Teague of the 58th.
They wish to be recorded as present.
Prayer was offered by Dr. James H. Lowry, Jr., Pastor, Norcross First United Methodist Church, Norcross, 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, APRIL 1, 2002
2725
HB 1815. By Representatives Cummings of the 27th and Murphy of the 18th:
A BILL to amend an Act providing a new Board of Education for Polk 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 1816. By Representative Holland of the 157th: A BILL to create the State Court of Turner County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1817. By Representative Holland of the 157th:
A BILL to amend an Act creating a board of commissioners of Turner County, so as to reapportion the commissioner districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1818. By Representative Holland of the 157th:
A BILL to amend an Act to provide for the election of members of the board of education of Turner County, so as to reapportion the education districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1819. By Representative Holland of the 157th:
A BILL to amend an Act entitled "An Act to abolish the present mode of compensating the Clerk of the Superior Court, the Judge of the Probate Court, and the Tax Commissioner of Turner County," so as to provide a
2726
JOURNAL OF THE HOUSE
salary for the judge of the Probate Court of Turner County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1820. By Representative Coleman of the 142nd:
A BILL to amend an Act providing a new charter for the City of Cochran, so as to change the corporate limits of such city by annexing certain territory in Bleckley County into such city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1821. By Representative Coleman of the 142nd:
A BILL to amend an Act reconstituting the board of education of Telfair County, so as to redistrict the board of education of Telfair County; to change the description of the education districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1822. By Representative Coleman of the 142nd:
A BILL to annex certain territory to the City of Eastman and thereby change the corporate limits of said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1823. By Representatives Hammontree of the 4th and Williams of the 5th:
A BILL to amend an Act providing a new charter for the City of Varnell, so as to change the corporate boundaries of said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
MONDAY, APRIL 1, 2002
2727
HB 1824. By Representatives Hammontree of the 4th and Williams of the 5th:
A BILL to provide a homestead exemption from Whitfield County school district ad valorem taxes for educational purposes in the amount of $150,000.00 of the assessed value of the homestead 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 1825. By Representative Crawford of the 129th:
A BILL to provide a homestead exemption from Pike County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead after a five-year phase-in period 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 1826. By Representative Crawford of the 129th:
A BILL to amend an Act providing for the election of members of the Board of Education of Pike 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 1827. By Representative Crawford of the 129th:
A BILL to provide for a homestead exemption from all Pike County ad valorem taxes for county purposes in the amount of $12,000.00 of the assessed value of the homestead for certain residents of that county who are totally disabled and whose annual net income does not exceed $12,000.00; and for other purposes.
2728
JOURNAL OF THE HOUSE
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1828. By Representative Shanahan of the 10th:
A BILL to amend an Act incorporating the Town of Resaca, so as to change certain provisions regarding terms and qualifications for office; to repeal certain provisions regarding the mayor's status as chief executive officer; to repeal certain provisions regarding the mayor's powers with respect to ordinances; to change certain provisions regarding a quorum and voting; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 1532. By Representative Franklin of the 39th: A RESOLUTION amending the Rules of the House; and for other purposes.
3/27/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1532. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Franklin District 39
Referred to the Committee on Rules.
HR 1533. By Representative Franklin of the 39th: A RESOLUTION amending the Rules of the House; and for other purposes.
MONDAY, APRIL 1, 2002
2729
3/27/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1533. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Franklin District 39
Referred to the Committee on Rules.
By unanimous consent, the rules were suspended in order that the following Resolution of the House could be introduced, read the first time and referred to the Committee:
HR 1537. By Representatives Snelling of the 99th, Barnes of the 97th, Cox of the 105th and Houston of the 166th:
A RESOLUTION urging the State Board of Education and Department of Education to develop policies and curricula regarding teaching credible ideas, opinions, and theories about certain controversial subjects; to urge the development of training for teachers regarding management of debate about controversial subjects in the classroom; and for other purposes.
Referred to the Committee on Education.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 1803 HB 1804 HB 1805 HB 1806 HB 1807 HB 1808 HB 1809
HB 1810 HB 1811 HB 1812 HB 1813 HB 1814 HR 1492 HR 1493
2730
JOURNAL OF THE HOUSE
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 414 Do Pass
Respectfully submitted, /s/ Holmes of the 53rd
Chairman
Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 1414 Do Pass HR 1491 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:
MONDAY, APRIL 1, 2002
2731
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 1663 Do Pass, by Substitute HB 1783 Do Pass HB 1787 Do Pass HB 1789 Do Pass HB 1790 Do Pass HB 1791 Do Pass HB 1792 Do Pass
HB 1793 Do Pass HB 1794 Do Pass HB 1796 Do Pass HB 1799 Do Pass HB 1800 Do Pass HB 1801 Do Pass HB 1802 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, APRIL 1, 2002
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 35th Legislative Day as enumerated below:
SB 361 SB 388 SB 389
Organic Foods or Feed; ingredient requirements; certification; registration of producers, distributors Corrections, Board of; meetings; adjust quorum requirement consistent with 2000 census results Inmates; criminal offenders; International Transfer of Prisoners Act
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
2732
JOURNAL OF THE HOUSE
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 1663. By Representatives Buck of the 135th, Smyre of the 136th, Taylor of the 134th, Hugley 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.
The following Committee substitute was read and adopted:
A BILL
To amend an Act providing a new charter for the county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, so as to revise the districts for the election of members of the city council; 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 repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing a new charter for the county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, is amended by striking paragraphs (1) and (2) of Section 6-101 and inserting new paragraphs (1) and (2) to read as follows:
"(1) For the purpose of electing the district councilors, the territory of the consolidated government shall be divided into eight council districts which shall be and correspond to those eight numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: option3 Plan Type: LOCAL User: Gina Administrator: MUSCOGEE- COUNTY. (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
MONDAY, APRIL 1, 2002
2733
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 Muscogee 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 Muscogee 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."
SECTION 2. It is the purpose of this Act to reapportion the districts from which members of the Council of Columbus, Georgia, are to be elected in the 2002 elections and in subsequent 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 council, 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 for the county-wide government of Columbus, Georgia, to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
District 001 Muscogee County
Tract: 106.02 Tract: 107.01 BG: 1 1029 1030 1031 1032 BG: 2
2734
JOURNAL OF THE HOUSE
Tract: 107.02 BG: 1 1008 1009 1010 1011 1012 1013 1014 1015 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Tract: 11 BG: 2 2011 2012 2013 2014 2015 2016 2017 2018 Tract: 12 BG: 2 2035 2040 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4017 4018 4019 4020 Tract: 20 Tract: 22 Tract: 23 Tract: 24 BG: 1 1008 1015 1016 1017 1022 Tract: 28 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 BG: 3 Tract: 29.01 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2015 2016 2017 2018
District 002 Muscogee County
Tract: 102.01 Tract: 102.03 BG: 2 BG: 3 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3021 3022 Tract: 102.05
MONDAY, APRIL 1, 2002
Tract: 103.01 Tract: 103.02 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 Tract: 104.01 BG: 2 BG: 3 Tract: 104.02 BG: 2 2006 2029 2030 BG: 9 9000 9005 9006 9007 9008 9009 9010 9011 9012 9013 9014 9017 9018 9019 9997 9998 9999 Tract: 4 BG: 1 1010 BG: 3 3016 3021 3022
District 003 Muscogee County
Tract: 107.02 BG: 1 1028 1031 1032 BG: 2 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 Tract: 107.03 Tract: 28 BG: 2 2013 2014 2015 2016 2017 Tract: 29.01 BG: 2 2014 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 Tract: 29.02 Tract: 32 Tract: 33 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
2735
2736
JOURNAL OF THE HOUSE
1012 1013 1014 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 BG: 4 BG: 5 BG: 6
District 004 Muscogee County
Tract: 106.04 Tract: 106.05 Tract: 106.06 Tract: 107.01 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 1033 1034 1035 1999 Tract: 107.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1029 1030
District 005 Muscogee County
Tract: 10 Tract: 101.04 BG: 1 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1999 Tract: 104.02 BG: 2 2007 2008 2009 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2031 2999 BG: 9 9001 9002 9020 Tract: 105.01 Tract: 105.02 BG: 1
MONDAY, APRIL 1, 2002
1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 Tract: 11 BG: 1 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 BG: 3 3000 3014 3015 3016 3017 3018 3019 3020 3021 Tract: 21
District 006 Muscogee County
Tract: 101.02 Tract: 101.04 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 Tract: 101.05 Tract: 101.06 Tract: 102.03 BG: 1 BG: 3 3000 3019 3020 Tract: 102.04 Tract: 104.01 BG: 1 Tract: 104.02 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2010 BG: 9 9003 9004 Tract: 105.02 BG: 1 1000
District 007 Muscogee County
Tract: 1 Tract: 109
2737
2738
JOURNAL OF THE HOUSE
BG: 1 BG: 9 9001 9002 9003 9004 9005 9006 9008 9009 9010 9011 9012 9013 9014 9015 9016 9998 9999 Tract: 12 BG: 2 2013 Tract: 13 Tract: 14 BG: 2 2010 BG: 3 BG: 4 4009 4010 4011 4012 4013 Tract: 15 BG: 1 1000 1004 That part of Block 1006 which lies south of 26th Street extended to its intersection with Veterans Parkway 1007 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 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 2035 2036 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2051 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 Tract: 16 BG: 1 1000 1008 1009 1010 1011 1012 1013 BG: 2 BG: 3 3011 3012 3013 3014 3015 3016 3017 BG: 4 4006 4007 4008 4011 4013 BG: 5 Tract: 18 BG: 1 1000 1004 1005 Tract: 24 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1009 1010 1011 1012 1013 1014 1018 1019 1020 1021 1023 1024 1025 1026 1027 1028
MONDAY, APRIL 1, 2002
1029 1030 1031 1032 Tract: 25 Tract: 26 Tract: 27 Tract: 3 BG: 5 5015 Tract: 30 Tract: 31 Tract: 34 Tract: 8 BG: 2 2018 BG: 3 3021
District 008 Muscogee County
Tract: 103.02 BG: 2 2020 2021 Tract: 104.02 BG: 9 9015 9016 Tract: 11 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 BG: 3 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 Tract: 110 Tract: 12 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2036 2037 2038 2039 2041 2042 2043 2044 2045 2046 BG: 4 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4021 4022 4023 Tract: 14
2739
2740
JOURNAL OF THE HOUSE
BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2011 2012 2013 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 Tract: 15 BG: 1 1001 1002 1003 1005 That part of Block 1006 which lies north of 26th Street extended to its intersection with Veterans Parkway 1008 BG: 2 2033 2034 2037 2050 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2076 Tract: 16 BG: 1 1001 1002 1003 1004 1005 1006 1007 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 BG: 4 4000 4001 4002 4003 4004 4005 4009 4010 4012 4997 4998 4999 Tract: 18 BG: 1 1001 1002 1003 1006 1007 1008 1009 1010 1011 1012 1013 1014 BG: 2 Tract: 19 Tract: 2 Tract: 3 BG: 1 BG: 2 BG: 3 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5016 5017 5018 5019 5020 Tract: 4 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 1028 1029 1030 1031 BG: 2 BG: 3
MONDAY, APRIL 1, 2002
3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3017 3018 3019 3020 3023 3997 3998 3999 Tract: 5 Tract: 8 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 Tract: 9
2741
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
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 report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
2742
JOURNAL OF THE HOUSE
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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
MONDAY, APRIL 1, 2002
2743
compensation of the members of said 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 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
2744
JOURNAL OF THE HOUSE
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1802. By Representative Holland of the 157th:
A BILL to amend an Act creating and establishing a board of commissioners
MONDAY, APRIL 1, 2002
2745
of Worth 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.
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 Y Barnes Y Bell Y Benfield Birdsong Y Black Y Boggs Bordeaux Borders Y Bridges Y Brooks Y Broome Y Brown Buck Y Buckner Y Bulloch Y Bunn E Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Cash Channell Y Childers Y Coan Y Coleman, B Coleman, T Y Collins Y Connell Cooper
Y Cox Y Crawford Y Cummings Y Davis E Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson 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
Harbin Y Harrell Y Heard
Heckstall Y Hembree
Henson Y Hines Y Holland Y Holmes
Houston Howard
Y Hudgens Y Hudson, N Y Hudson, S
Hugley Y Irvin
Jackson, B E Jackson, L
James Jamieson Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane E Lanier Y Lewis Y Lord Lucas N Lunsford Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Mobley Morris Y Mosley
Mueller Y Muntean Y O'Neal
Orrock Parham Parrish Y Parsons Y Pelote Y Pinholster Y Poag Porter Y Powell Y Purcell 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 E Scheid Scott Y Seay Y Shanahan Y Shaw Y Sholar Sims Sinkfield Y Skipper
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 Y Stallings Y Stanley Y Stanley-Turner E Stephens Stokes Y Taylor Teague Y Teper E Tillman Y Turnquest Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West E Westmoreland Y Wiles Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates Murphy, Speaker
On the passage of the Bills, the ayes were 121, nays 1.
2746
JOURNAL OF THE HOUSE
The Bills, having received the requisite constitutional majority, were passed.
Representatives Birdsong of the 123rd, Cash of the 108th and Jenkins of the 110th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
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 543. By Senator Gillis of the 20th:
To be entitled an Act to amend an Act providing for the election of the members of the Treutlen County Board of Education, approved March 23, 1972 (Ga. L. 1972, p. 2340), as amended, so as to reconstitute the board of education; 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.
SB 544. By Senator Gillis of the 20th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Treutlen County, approved March 12, 1935 (Ga. L. 1935, p. 807), as amended, 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 repeal conflicting laws; and for other purposes.
SB 557. By Senator Thomas of the 10th:
A BILL to be entitled an Act to amend an Act establishing in DeKalb County
MONDAY, APRIL 1, 2002
2747
districts from which members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), 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 repeal certain provisions authorizing election on a nonpartisan basis; to provide for related matters; 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 562. By Senators Johnson of the 1st and Thomas of the 2nd:
A BILL to be entitled an Act to amend an Act relating to the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, so as to change the description of the education districts; 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 effective dates; to repeal conflicting laws; and for other purposes.
SB 565. By Senator Johnson of the 1st:
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 the description of the commissioner districts; 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 effective dates; to repeal conflicting laws; and for other purposes.
HB 84. By Representatives Martin of the 47th, Allen of the 117th, Reichert of the 126th and Campbell of the 42nd:
A BILL to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation, and Chapter 2 of Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor relations, so as to enact the Uniform Fraudulent Transfers Act; and for other purposes.
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
2748
JOURNAL OF THE HOUSE
for certification of magistrates who are active members of the State Bar of Georgia; and for other purposes.
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.
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.
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.
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.
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.
MONDAY, APRIL 1, 2002
2749
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.
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.
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.
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.
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.
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
2750
JOURNAL OF THE HOUSE
change the method of computing such officer's salary; and for other purposes.
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.
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.
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.
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.
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.
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.
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
MONDAY, APRIL 1, 2002
2751
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.
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.
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.
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.
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.
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.
HB 1685. By Representative Ray of the 128th:
A BILL to amend an Act reconstituting the Board of Education of Crawford
2752
JOURNAL OF THE HOUSE
County, so as to reconstitute the board of education; to change the description of the education districts; and for other purposes.
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.
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.
HB 1688. By Representatives Connell of the 115th, Anderson of the 116th, Allen of the 117th, Howard of the 118th and DeLoach of the 119th:
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.
HB 1689. By Representatives Connell of the 115th, Anderson of the 116th, Allen of the 117th, Howard of the 118th and DeLoach of the 119th:
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.
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.
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.
MONDAY, APRIL 1, 2002
2753
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.
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.
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.
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 Senate has passed as amended, by the requisite constitutional majority, the following bills of the House:
HB 525. By Representatives Harrell of the 62nd, Unterman of the 84th, McClinton of the 68th, Channell of the 111th and Lord of the 121st:
A BILL to amend Code Section 33-24-58.2 of the Official Code of Georgia Annotated, relating to health benefit policy coverage for certain maternity benefits, so as to change the provisions regarding required notices; and for other purposes.
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
2754
JOURNAL OF THE HOUSE
conditions; to repeal a provision permitting certain handguns to be used in hunting under certain conditions; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
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.
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 Senate has adopted by the requisite constitutional majority the following resolutions of the House:
HR 981. By Representative Poag of the 6th:
A RESOLUTION designating the Ridley Community in Murray County as a community; and for other purposes.
HR 1087. By Representative Poag of the 6th:
A RESOLUTION designating the Flood Town Christmas Community in Murray County; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
MONDAY, APRIL 1, 2002
2755
SB 543. By Senator Gillis of the 20th:
To be entitled an Act to amend an Act providing for the election of the members of the Treutlen County Board of Education, approved March 23, 1972 (Ga. L. 1972, p. 2340), as amended, so as to reconstitute the board of education; 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.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 544. By Senator Gillis of the 20th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Treutlen County, approved March 12, 1935 (Ga. L. 1935, p. 807), as amended, 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 repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 557. By Senator Thomas of the 10th:
A BILL to be entitled an Act to amend an Act establishing in DeKalb County districts from which members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), 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 repeal certain provisions authorizing election on a nonpartisan basis; to provide for related matters; to provide for submission of this Act for approval under the
2756
JOURNAL OF THE HOUSE
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 562. By Senators Johnson of the 1st and Thomas of the 2nd:
A BILL to be entitled an Act to amend an Act relating to the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, so as to change the description of the education districts; 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 effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 565. By Senator Johnson of the 1st:
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 the description of the commissioner districts; 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 effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
Representative Walker of the 141st arose to a point of personal privilege and addressed the House.
Representative Cox of the 105th arose to a point of personal privilege and addressed the House.
MONDAY, APRIL 1, 2002 Representative Walker of the 141st assumed the chair.
2757
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 1534. By Representative Birdsong of the 123rd:
A RESOLUTION commending the Twiggs Academy, Inc., girls basketball team and inviting the team and its coaches to appear before the House of Representatives; and for other purposes.
HR 1535. By Representative Stephens of the 150th:
A RESOLUTION commending Laura L. Moreland, Miss Savannah 2002, 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 Senate were taken up for consideration and read the third time:
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.
The report of the Committee, which was favorable to the 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 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
2758
Y Bannister Y Barnard Y Barnes Y Bell Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux
Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn E Burkhalter
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
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 N Franklin
Gardner Y Golick
Grasse Y Graves Y Greene Y Hammontree Y Hanner
Harbin Harrell Y Heard Heckstall Y Hembree Y Henson Hines Y Holland Holmes Y Houston Y Howard
Irvin Y Jackson, B E Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane E 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
Morris Y Mosley
Y Parham Y Parrish Y Parsons
Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D E Roberts, L Y Rogers Y Royal Y Sailor Y Sanders E Scheid
Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
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 E Stephens
Stokes Y Taylor
Teague Teper E Tillman Y Turnquest Twiggs Y Unterman Walker, L Y Walker, R.L Y Watson Y West E 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 139, nays 1. The Bill, having received the requisite constitutional majority, was passed.
Representative Scott of the 165th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
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
MONDAY, APRIL 1, 2002
2759
entered into treaties with the United States for that purpose; 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 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by inserting at the end thereof a new Chapter 13 to read as follows:
"CHAPTER 13
42-13-1. This chapter shall be known and may be cited as the 'International Transfer of Prisoners Act.'
42-13-2. When a treaty is in effect between the United States and a foreign country providing for the transfer of convicted criminal offenders to those foreign countries of which such offenders are citizens or nationals, the Governor or the Governors designee is authorized, subject to the terms of the treaty, to act on behalf of the State of Georgia and to consent to the transfer of such convicted criminal offenders. The Governor or his or her designee is authorized to develop policies, procedures, and processes to implement the provisions of this Code section."
SECTION 2. This Act shall become effective on July 1, 2002.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
2760
JOURNAL OF THE HOUSE
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Allen Y Amerson
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 E Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
Y Cox 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 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 E Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane E 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 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 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 E Stephens
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 E 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 161, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The Speaker assumed the Chair.
MONDAY, APRIL 1, 2002
2761
The following supplemental Rules Calendar was read and adopted:
HOUSE RULES CALENDAR MONDAY, APRIL 1, 2002
Mr. Speaker and Members of the House:
Your Committee on Rules has met and submits the following supplemental to the calendar already adopted this April 1, 2002, by adding the following:
HB 1523
SB 61
SB 220 SB 347
State Public Transportation Fund; sales tax on motor fuels; amend provisions Indemnification; DOT Highway Employees Killed or Permanently Disabled While Working Under Hazardous Conditions State Court Judges; qualifications for election and reelection Salt-water Fishing Trawlers; exempt limitations for flounder, whiting, spot and Atlantic croaker
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Smyre of the 136th
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 1534 Do Pass
2762
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 of the House and Senate were taken up for consideration and read the third time:
SB 220. By Senators Gillis of the 20th, Starr of the 44th, Cheeks of the 23rd, Bowen of the 13th, Golden of the 8th and others:
A BILL to be entitled an Act to amend Code Section 15-7-21, of the Official Code of Georgia Annotated, relating to qualifications of state court judges, restrictions on the practice of law, removal, discipline, and involuntary retirement, so as to change the provisions relating to qualifications for election and reelection of judges; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the 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 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 Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin Y Jackson, B E Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane E Lanier Y 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 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 E Stephens Y Stokes Y Taylor Y Teague Y Teper E Tillman
Turnquest Y Twiggs
E Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
MONDAY, APRIL 1, 2002
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 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
E Roberts, L Y Rogers Y Royal
Sailor Y Sanders E Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper
2763
Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West E 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.
SB 61.
By Senators Streat of the 19th, Tate of the 38th, Cheeks of the 23rd, Butler of the 55th and Bowen of the 13th:
A BILL to be entitled an Act to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to provide for the indemnification of state highway employees with respect to death or permanent disability; to change certain provisions relating to definitions of terms; to provide for the inclusion of certain persons in the Georgia State Indemnification Commission; to authorize appropriation of funds to the Georgia State Indemnification Fund; to provide for the payment of indemnification to state highway employees; to provide for requirements for applications for indemnification; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, so as to provide for the indemnification of state highway employees with respect to death or permanent
2764
JOURNAL OF THE HOUSE
disability; to change certain provisions relating to definitions of terms; to provide for the inclusion of certain persons in the Georgia State Indemnification Commission; to authorize appropriation of funds to the Georgia State Indemnification Fund; to provide for the payment of indemnification to state highway employees; to provide for requirements for applications for indemnification; to 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, is amended by striking Code Section 45-9-80, relating to legislative purpose, and inserting in lieu thereof the following:
"45-9-80. The purpose of this part is to:
(1) Implement the constitutional amendment ratified November 4, 1976, authorizing the General Assembly to provide by law for the indemnification with respect to the death of law enforcement officers, firemen, or prison guards who are killed or have been killed in the line of duty subsequent to January 1, 1973; (2) Provide by law for the indemnification with respect to the permanent disability of law enforcement officers, firemen, or prison guards who are permanently disabled or have been permanently disabled in the line of duty subsequent to January 1, 1973; (3) Provide by law for the indemnification with respect to the death or permanent disability of publicly employed emergency medical technicians who are killed or permanently disabled or who have been killed or permanently disabled in the line of duty subsequent to January 1, 1977; and (4) Provide by law for the indemnification with respect to the death or permanent disability of emergency management rescue specialists who are killed or permanently disabled in the line of duty on or after January 1, 1991; and (5) Provide by law for the indemnification with respect to the death or permanent disability of state highway employees who are killed or permanently disabled in the line of duty on or after January 1, 1990."
SECTION 2. Said chapter is further amended by striking in their entirety paragraphs (4) and (5) of Code Section 45-9-81, relating to definitions of terms for purposes of indemnification, and inserting in lieu thereof the following:
"(4)(A) 'Firefighter' or 'fireman' 'Fireman' means any person who is employed as a professional firefighter on a full-time basis of at least 40 hours per week by any municipal, county, or state government fire department employing three or more
MONDAY, APRIL 1, 2002
2765
firemen firefighters and who has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal, county, and state fire prevention codes, enforcing any law pertaining to the prevention and control of fires or who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property. (B) 'Firefighter' or 'fireman' 'Fireman' shall also mean any individual serving as an officially recognized or designated member of a legally organized volunteer fire department who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property. (C) 'Firefighter' or 'fireman' 'Fireman' shall also mean any individual employed by a person or corporation which has a contract with a municipal corporation or county to provide fire prevention and fire-fighting services to such municipal corporation or county and any such individual is employed on a full-time basis of at least 40 hours per week and has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal or county fire prevention codes, enforcing any municipal or county ordinances pertaining to the prevention and control of fires or who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property. (5) 'In the line of duty' means: (A) With respect to an emergency medical technician, while on duty and when responding to or returning from an emergency or performing duties at the scene of an emergency or transporting a person to a medical facility for emergency treatment or returning therefrom; (B) With respect to a fireman firefighter, while on duty and when responding to or returning from a fire or other emergency or performing duties during any fire or other emergency or performing duties intended to protect life and property; (C) With respect to a law enforcement officer or fireman firefighter, while on duty and performing services for and receiving compensation from the law enforcement and fire service agency which employs such officer or fireman firefighter, while off duty when responding to any situation which would save a life or preserve the peace, or while preventing or attempting to prevent the commission of a crime or fire. A law enforcement officer or fireman firefighter who is performing duties for and receiving compensation from a private employer at the time of such officers or firemans firefighters death or bodily injury causing permanent disability shall not be considered in the line of duty unless the officer or fireman firefighter has left the scope of his or her employment for the private employer for the direct purpose of enforcing or attempting to enforce fire service, the criminal or traffic laws, preserving or attempting to preserve public order, protecting or attempting to protect life or property, performing active state service as a member of the Georgia National Guard, preventing or attempting to prevent a crime, detecting or attempting to detect
2766
JOURNAL OF THE HOUSE
crime, or investigating or attempting to investigate crime. The determination that a law enforcement officer or fireman firefighter was killed or permanently disabled in the line of duty and is entitled to indemnification pursuant to this part shall not be considered in the determination of the entitlement of such officer to workers compensation, disability, health, or other benefits from such officers or firemans firefighters public or private employer; or (D) With respect to a prison guard, while on duty and performing services for and receiving compensation from the public agency which employs such prison guard; or (E) With respect to a state highway employee, while on duty and performing any work necessary for the construction, maintenance, or operation of a roadway on or within the public roads of the state as defined in paragraph (24) of Code Section 321-3 when such employee is killed or permanently disabled as the result of working under hazardous conditions in close proximity to moving traffic or equipment."
SECTION 3. Said chapter is further amended by adding at the end of Code Section 45-9-81, relating to definitions of term for purposes of indemnification, a new paragraph (9) to read as follows:
"(9) 'State highway employee' means an employee of the Georgia Department of Transportation who receives compensation directly therefrom and regularly engages in duties necessary for the construction, maintenance, or operation of roadways on or within the public roads of this state as defined in paragraph (24) of Code Section 321-3."
SECTION 4. Said chapter is further amended by striking Code Section 45-9-82, relating to establishment of an indemnification program, and inserting in lieu thereof the following:
"45-9-82. (a) There is established a program to provide for indemnification with respect to the:
(1) Death of any law enforcement officer, fireman, or prison guard who is or has been killed in the line of duty subsequent to January 1, 1973; (2) Permanent disability of any law enforcement officer, fireman, or prison guard who is or has been permanently disabled in the line of duty subsequent to January 1, 1973; (3) Death or permanent disability of any emergency medical technician who is killed or permanently disabled or who has been killed or permanently disabled in the line of duty subsequent to January 1, 1977; and (4) Death or permanent disability of any emergency management rescue specialist who is killed or permanently disabled on or after January 1, 1991; and (5) Death or permanent disability of any state highway employee who is killed or permanently disabled in the line of duty on or after January 1, 1990.
MONDAY, APRIL 1, 2002
2767
(b) Such program shall be administered by the Georgia State Indemnification Commission."
SECTION 5. Said chapter is further amended by striking Code Section 45-9-83, relating to the Georgia State Indemnification Commission, and inserting in lieu thereof the following:
"45-9-83. There is created the Georgia State Indemnification Commission which shall be composed of the Governor, the Secretary of State, the Commissioner of Insurance, the commissioner of public safety, the commissioner of transportation, the commissioner of corrections, the commissioner of human resources, the president of the Peace Officers Association of Georgia, and the president of the Georgia State Firemens Association. The Governor shall be the chairman chairperson of the commission and the commission shall be assigned to the Department of Administrative Services for administrative purposes."
SECTION 6. Said chapter is further amended by striking Code Section 45-9-84.2, relating to appropriation of funds to the Georgia State Indemnification Fund, and inserting in lieu thereof the following:
"45-9-84.2. The General Assembly is authorized to appropriate funds to be placed in the Georgia State Indemnification Fund for the purpose of providing for indemnification with respect to the death or disability of any law enforcement officer, fireman, or prison guard who is or has been killed or permanently disabled in the line of duty subsequent to January 1, 1973, the death or disability of any emergency medical technician who is killed or permanently disabled or has been killed or permanently disabled in the line of duty subsequent to January 1, 1977, and the death or disability of any emergency management rescue specialist who is killed or permanently disabled on or after January 1, 1991, and the death or disability of any state highway employee who is or has been killed or permanently disabled in the line of duty subsequent to January 1, 1990, as well as defraying the expenses and costs incurred by the commission in the administration of this part. In addition, the Department of Administrative Services is authorized to accept for deposit in the Georgia State Indemnification Fund any other funds from any other source. All funds appropriated to the Georgia State Indemnification Fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated and shall not lapse."
SECTION 7. Said chapter is further amended by striking Code Section 45-9-85, relating to payment of indemnification for death and disability, and inserting in lieu thereof the following:
2768
JOURNAL OF THE HOUSE
"45-9-85. (a) The indemnification shall be paid by the commission when a law enforcement officer, fireman, emergency medical technician, emergency management rescue specialist, or prison guard, or state highway employee who in the line of duty:
(1) Is killed or receives bodily injury which results in death within 12 months thereafter, if such death does not occur from natural causes while performing routine duties which would not be strenuous or dangerous if performed by citizens who are not law enforcement officers, firemen, emergency medical technicians, emergency management rescue specialists, or prison guards, or state highway employees, and if such death is not the result of suicide and if such bodily injury is not intentionally self-inflicted; or (2) Is permanently disabled, if the permanent disability does not occur from natural causes while performing routine duties which would not be strenuous or dangerous if performed by citizens who are not law enforcement officers, firemen, emergency medical technicians, emergency management rescue specialists, or prison guards, or state highway employees, and if the permanent disability is not intentionally selfinflicted. (b)(1) Notwithstanding any provision of this part to the contrary, for any compensable claim filed on or after July 1, 1995 July 1, 2002, payment shall be made as follows:
(A)(i) Except as otherwise provided by division (ii) of this subparagraph, in In the case of permanent disability, the eligible disabled person pursuant to this part may elect payment of $75,000.00 in equal installments over a period of five years or a payment in lump sum which shall consist of $75,000.00 reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; and or (ii) In the case of a state highway employee permanently disabled on or after January 1, 1990, the eligible disabled person pursuant to this article may elect payment of $25,000.00 in equal installments over a period of five years or a payment in lump sum which shall consist of $25,000.00 reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; and (B)(i) Except as otherwise provided in division (ii) of this subparagraph, in In the case of death, payment shall be made to the estate of a person who is eligible for indemnification under this part as follows: the executor or administrator may elect payment of $75,000.00 in equal installments over a period of five years or a payment in lump sum which shall consist of $75,000.00 reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum.; or (ii) In the case of a state highway employee killed on or after January 1, 1990, payment shall be made to the estate of a person who is eligible for indemnification under this article as follows: the executor or administrator may elect payment of $25,000.00 in equal installments over a period of five years or a payment in lump sum which shall consist of $25,000.00 reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum.
MONDAY, APRIL 1, 2002
2769
(2) With respect to law enforcement officers, firemen, or prison guards who were killed prior to April 5, 1978, or who were permanently disabled prior to January 1, 1981, and who are entitled to indemnification under this part, payment shall be made in lump sum to the estate, in the case of death, or, in the case of permanent disability, to the person disabled. (3) With respect to emergency medical technicians who were killed or permanently disabled prior to July 1, 1987, and who are entitled to indemnification under this part, payment shall be made in lump sum to the estate, in the case of death, or, in the case of permanent disability, to the person disabled. (c) After determining that a law enforcement officer, fireman, emergency medical technician, emergency management rescue specialist, or prison guard, or state highway employee has been killed or permanently disabled in the line of duty and that he or she or his or her estate beneficiary is entitled to indemnification under this part, the commission, within ten days after such determination, shall forward a certified copy of the order granting such payment, which order shall include the person to whom such payment shall be made and the method of payment, to the commissioner of administrative services who is authorized to make the appropriate payments from funds appropriated or otherwise made available for the purpose of carrying out this part."
SECTION 8. Said chapter is further amended by striking Code Section 45-9-86, relating to applications for indemnification, and inserting in lieu thereof the following:
"45-9-86. (a) An application for indemnification with respect to a claim filed on or after July 1, 1995 July 1, 2002, for permanent disability of a law enforcement officer, fireman, prison guard, emergency medical technician, or emergency management rescue specialist, or state highway employee shall be submitted by that person unless the person is mentally incompetent, in which case the application may be made on such persons behalf by the parent, spouse, guardian, or other authorized individual. An application for indemnification with respect to a claim filed on or after July 1, 1995 July 1, 2002, for the death of a law enforcement officer, fireman, prison guard, emergency medical technician, or emergency management rescue specialist, or state highway employee shall be submitted by the individual authorized to administer the estate. (b) An application for indemnification relative to any law enforcement officer, fireman, or prison guard killed in the line of duty subsequent to January 1, 1973, and prior to January 1, 1981, must be made prior to January 1, 1982. An application for indemnification relative to any law enforcement officer, fireman, or prison guard killed in the line of duty on and after January 1, 1981, and prior to January 1, 1984, must be made prior to January 1, 1986. An application for indemnification relative to any law enforcement officer, fireman, or prison guard killed in the line of duty on or after January 1, 1984, must be made within 24 months from the death of such law enforcement officer, fireman, or prison guard.
2770
JOURNAL OF THE HOUSE
(c) An application for indemnification relative to any law enforcement officer, fireman, or prison guard permanently disabled in the line of duty subsequent to January 1, 1973, and prior to January 1, 1979, must be made prior to January 1, 1989. An application for indemnification relative to any law enforcement officer, fireman, or prison guard permanently disabled in the line of duty subsequent to January 1, 1979, and prior to January 1, 1980, must be made prior to January 1, 1982. An application for indemnification relative to any law enforcement officer, fireman, or prison guard permanently disabled in the line of duty on and after January 1, 1980, and prior to January 1, 1984, must be made prior to January 1, 1992. An application for indemnification relative to a permanent disability occurring on or after January 1, 1984, must be made within 24 months of the date the permanent disability occurred. (d) An application for indemnification with respect to the death or permanent disability of an emergency medical technician who was killed or permanently disabled subsequent to January 1, 1977, and prior to January 1, 1987, must be made prior to January 1, 1989. An application for indemnification with respect to the death or permanent disability of an emergency medical technician who is killed or permanently disabled in the line of duty on or after January 1, 1987, must be made within 24 months after the date of death or disability. (e) An application for indemnification with respect to the death or permanent disability of an emergency management rescue specialist who is killed or permanently disabled in the line of duty on or after January 1, 1991, must be made within 24 months after the date of the death or disability. (f) An application for indemnification with respect to the death or permanent disability of a member of the Georgia National Guard included in the definition of a law enforcement officer pursuant to paragraph (6) of Code Section 45-9-81 who is killed or permanently disabled in the line of duty while in active state service on or after July 1, 1995, must be made within 24 months after the date of the death or disability.
(g)(1) An application for indemnification with respect to the death or permanent disability of a state highway employee who is killed or permanently disabled in the line of duty on or after January 1, 1990, and prior to July 1, 2002, must be made prior to July 1, 2004. (2) An application for indemnification with respect to the death or permanent disability of a state highway employee who is killed or permanently disabled in the line of duty on or after July 1, 2002, must be made within 24 months after the date of the death or disability."
SECTION 9. Said chapter is further amended by striking in its entirety Code Section 45-9-102, relating to definitions applicable to Part 2 of Article 5 of said chapter, with respect to the temporary disability compensation program for certain public safety employees, and inserting in lieu thereof a new Code Section 45-9-102 to read as follows:
"45-9-102. As used in this part, the term:
MONDAY, APRIL 1, 2002
2771
(1) 'Commission' means the Georgia State Indemnification Commission created in Code Section 45-9-83. (2) 'Firefighter' or 'fireman' 'Fireman' means any person who is employed as a professional firefighter on a full-time basis by any municipal, county, or state government fire department employing three or more firemen firefighters and who has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal, county, and state fire prevention codes, enforcing any law pertaining to the prevention and control of fires or who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property. (3) 'Full-time' means an employee who regularly works 30 hours or more each week. (4) 'In the line of duty' means:
(A) With respect to a fireman firefighter, while on duty and performing duties during any fire or other emergency or performing duties intended to protect life and property; or (B) With respect to a law enforcement officer or fireman firefighter, while on duty and performing services for and receiving compensation from the law enforcement or fire service agency which employs such officer or fireman firefighter, while off duty and responding to any situation which would save a life or preserve the peace, or while preventing or attempting to prevent the commission of a crime or fire. A law enforcement officer or fireman firefighter who is performing duties for and receiving compensation from a private employer at the time of such officers or firemans firefighters bodily injury, but not permanent disability, shall not be considered in the line of duty unless the officer or fireman firefighter has left the scope of his or her employment for the private employer for the direct purpose of enforcing or attempting to enforce fire service, the criminal or traffic laws, preserving or attempting to preserve public order, protecting or attempting to protect life or property, preventing or attempting to prevent a crime, detecting or attempting to detect crime, or investigating or attempting to investigate crime. The determination that a law enforcement officer or fireman firefighter was disabled in the line of duty and is entitled to compensation pursuant to this part shall not be considered in the determination of the entitlement of such officer to workers compensation, disability, health, or other benefits from such officers or firemans firefighters public or private employer. (5) 'Injured in the line of duty' means an injury which arises out of or in the course of employment in the line of duty. Going to or from work shall not be considered in the line of duty. (6) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes prison guards as defined under Code
2772
JOURNAL OF THE HOUSE
Section 45-9-81 and the employees designated by the commissioner of juvenile justice of the Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who have broken the conditions of supervision and employees designated and delegated law enforcement powers by the Public Service Commission pursuant to Code Sections 46-7-28 and 46-11-6 commissioner of motor vehicle safety, which personnel have the duty to enforce the laws relating to motor carriers and the transportation of hazardous materials."
SECTION 10. Said chapter is further amended by striking in its entirety Code Section 45-9-103, relating to payment of compensation with respect to temporary disability of certain public safety employees, and inserting in lieu thereof a new Code Section 45-9-103 to read as follows:
"45-9-103. (a) Any law enforcement officer who becomes physically disabled, but not permanently disabled, on or subsequent to July 1, 2001, as a result of a physical injury incurred in the line of duty and caused by a willful act of violence committed by a person other than a fellow employee shall be entitled to receive compensation as provided in this Code section. Any fireman firefighter who becomes physically disabled, but not permanently disabled, on or subsequent to July 1, 2001, as a result of a physical injury incurred in the line of duty while fighting a fire shall be entitled to receive compensation as provided in this Code section. The compensation shall be paid to eligible applicants by the commission from funds appropriated to the commission for such purpose. (b) Except as otherwise provided in this part, any law enforcement officer or fireman firefighter injured in the line of duty as provided in subsection (a) of this Code section shall receive monthly compensation from the commission in an amount equal to such persons regular compensation for the period of time that the law enforcement officer or fireman firefighter is physically unable to perform the duties of his or her employment; provided, however, that such benefits provided pursuant to this Code section for injuries resulting from a single incident shall not be granted for more than a total of 12 months. A law enforcement officer or fireman firefighter shall be required to submit to the commission satisfactory evidence of such disability. (c) Benefits made available under this Code section shall be subordinate to any workers compensation benefits, disability and other compensation benefits from the persons employer which the law enforcement officer or fireman firefighter is awarded and shall be limited to the difference between the amount of workers compensation benefits and other compensation benefits actually paid and the amount of the law enforcement officers or firemans firefighters regular compensation. (d) A law enforcement officer or fireman firefighter who collects benefits pursuant to this Code section shall not be entitled to any benefits under Code Section 45-7-9.
MONDAY, APRIL 1, 2002
2773
(e) A law enforcement officer or fireman firefighter who is disabled and who receives indemnification under Part 1 of this article as a result of an incident shall not be entitled to any compensation under this Code section for the disability resulting from the same incident. A law enforcement officer or fireman firefighter who initially receives benefits under this Code section but who is determined subsequently to be entitled to benefits under Part 1 of this article with respect to the same incident or whose beneficiary is determined subsequently to be entitled to benefits under Part 1 of this article shall be entitled only to the amount equal to the benefits to which the person would be entitled to under Part 1 reduced by the total amount of benefits received under this Code section."
SECTION 11. The Official Code of Georgia Annotated is amended by striking from the following Code sections the terms "fireman" and "firemen" wherever the same shall occur and inserting in lieu thereof, respectively, the terms "firefighter" and "firefighters":
(1) Code Section 8-2-51, relating to inspection of buildings and notifying owners regarding noncompliance with requirements relating to fire escapes; (2) Code Section 16-10-24, relating to the offense of hindering certain public safety employees; (3) Code Section 16-10-30, relating to the offense of refusal to obey official request at fire or other emergency; (4) Code Section 17-10-30, relating to procedure for imposition of death penalty generally; (5) Code Section 20-3-451, relating to definitions applicable under Subpart 7 of Part 3 of Article 7 of Chapter 3 of Title 20, relating to grants to children of law enforcement officers, firefighters, and prison guards; (6) Code Section 20-3-453, relating to eligibility for grants to children of law enforcement officers, firefighters, and prison guards; (7) Code Section 25-4-9, relating to completion of basic firefighter training course and establishment of requirements for course; (8) Code Section 25-7-2, relating to the creation of the Georgia Fire Academy; (9) Code Section 31-22-9.1, relating to HIV tests and who may perform tests; (10) Code Section 34-3-1, relating to the hours of labor in cotton or woolen manufacturing establishments; (11) Code Section 40-1-1, relating to definitions applicable to Title 40; (12) Code Section 40-6-2, relating to obedience to authorized persons directing traffic; (13) Code Section 42-1-6, relating to injury or contact by inmate presenting possible threat of transmission of communicable disease; (14) Code Section 42-5-85, relating to leave privileges of inmates serving murder sentences; (15) Code Section 45-7-9, relating to compensation for line-of-duty injuries of fulltime state employees;
2774
JOURNAL OF THE HOUSE
(16) Code Section 45-9-82, relating to establishment of indemnification program for certain public safety employees; (17) Code Section 45-9-84.2, relating to the Georgia State Indemnification Fund and authorization for appropriation of moneys to the fund; (18) Code Section 45-9-85, relating to payment of indemnification for death or disability generally of certain public safety employees; (19) Code Section 45-9-86, relating to application for indemnification with respect to certain public safety employees; (20) Code Section 45-9-86.2, relating to time limitation on applications for indemnification with respect to certain public safety employees permanently disabled due to organic brain damage; (21) Code Section 45-9-101, relating to the purpose of Part 2 of Article 5 of Chapter 9 of Title 45 with respect to payment of compensation to certain public safety employees for temporary disability; (22) Code Section 45-9-104, relating to submission of application for payment of compensation to certain public safety employees for temporary disability; (23) Code Section 45-9-105, relating to effect of penal violations with respect to payment of compensation to certain public safety employees for temporary disability; and (24) Code Section 45-10-25, relating to exceptions to prohibitions on transactions with state agencies.
SECTION 12. This Act shall become effective on July 1, 2002.
SECTION 13. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong
Y Cox Y Crawford Y Cummings Y Davis E Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson
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 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 Y Snow
Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn E Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
MONDAY, APRIL 1, 2002
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 Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane E Lanier Y Lewis Y Lord
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 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 E Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper
2775
Y Squires Y Stallings Y Stanley Y Stanley-Turner E 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 Y West E 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.
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 organic food or feed ingredients bear the official seal of the certifying entity; to repeal conflicting laws; and for other purposes.
2776
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 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
Buckner Y Bulloch Y Bunn E Burkhalter Y Burmeister Y 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 N 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 N Franklin Y Gardner Y Golick Y Grasse 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 Y Howard
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B E Jackson, L
James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox
Lane E Lanier Y Lewis Y Lord
Lucas N Lunsford Y Maddox Y Mangham Y Manning N Massey Y McBee N McCall Y McClinton Y McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley
Y Mueller Y Muntean Y O'Neal 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
Reece Y Reed Y Reichert Y Rice
Richardson Y Roberts, D E Roberts, L Y Rogers Y Royal Y Sailor Y Sanders E Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper
Y Smith, B Smith, C
Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T N 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
Teper E Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L N Walker, R.L Y Watson Y West E 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, the ayes were 142, nays 14. 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.
MONDAY, APRIL 1, 2002
2777
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.
The following amendment was read:
Representatives Mills of the 21st and Ehrhart of the 36th move to amend HB 1523 as follows:
On page 2, and on line 15, after the word "least", strike the number "25" and insert the number "30".
The following amendment was read and withdrawn:
Representatives Mills of the 21st and Ehrhart of the 36th move to amend the Mills amendment to HB 1523 as follows:
Strike the number "30" and insert the number "40".
The Mills amendment was withdrawn.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Allen Y Amerson
Anderson Y Ashe Y Bannister
Y Cox Y Crawford Y Cummings Y Davis E 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
2778
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 E Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
JOURNAL OF THE HOUSE
Y 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 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 Jackson, B E Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane E 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 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 E 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, 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 E Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West E Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, 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.
By unanimous consent, SB 347 was postponed until tommorrow.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
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.
MONDAY, APRIL 1, 2002
2779
HR 1534. By Representative Birdsong of the 123rd:
A RESOLUTION commending the Twiggs Academy, Inc., girls basketball team and inviting the team and its coaches 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 Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 370 Do Pass, by Substitute SB 399 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 the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 323 Do Pass
Respectfully submitted, /s/ Coleman of the 142nd
Chairman
2780
JOURNAL OF THE HOUSE
Representative Porter of the 143rd District, Chairman of the Committee on Higher Education, submitted the following report:
Mr. Speaker:
Your Committee on Higher Education has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 425 Do Pass SB 465 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:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 276 Do Pass SB 385 Do Pass, by Substitute
SB 393 Do Pass, by Substitute SR 600 Do Pass, by Substitute
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
MONDAY, APRIL 1, 2002
2781
the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 1487 Do Pass SB 424 Do Pass SB 438 Do Pass
Respectfully submitted, /s/ Hanner of the 159th
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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 62 Do Pass SB 373 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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 365 Do Pass, by Substitute SB 397 Do Pass, by Substitute SB 478 Do Pass
2782
JOURNAL OF THE HOUSE
Respectfully submitted, /s/ Royal of the 164th
Chairman
The Speaker announced the House in recess subject to the call of the Chair. The House will convene at 10:00 o'clock the next legislative day.
TUESDAY, APRIL 2, 2002
2783
Representative Hall, Atlanta, Georgia Tuesday, April 2, 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 Arthur L. Powell, Pastor, Travelers Rest Baptist Church, Morrow, 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.
2784
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 1829. By Representative Smith of the 91st: A BILL to amend an Act providing a new charter for the City of Madison, so as to change the descriptions of election districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1830. By Representative Twiggs of the 8th: A BILL to amend an Act reincorporating the City of Dillard, 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 1831. By Representative Dukes of the 161st: A BILL to amend an Act providing a new charter for the City of Colquitt, so as to change the provision for filling of vacancies in the office of mayor or councilmember; to provide for qualifications for the city manager; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1832. By Representative Holland of the 157th: A BILL to amend an Act entitled "An Act to provide a new charter for the City of Ashburn," so as to provide for the terms of office of the mayor and councilpersons; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
TUESDAY, APRIL 2, 2002
2785
HB 1833. By Representative Holland of the 157th:
A BILL to amend an Act entitled "An Act to establish a City Court in the City of Sylvester, County of Worth," such court now known as the State Court of Worth County, so as to provide for jurisdiction of such court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 1536. By Representatives Henson of the 65th, Childers of the 13th, Drenner of the 66th and Parham of the 122nd:
A RESOLUTION urging increased education, awareness, and data gathering relevant to the critical issue of Hepatitis C; and for other purposes.
Referred to the Committee on Health & Ecology.
HR 1538. By Representatives Callaway of the 81st, Walker of the 141st, Day of the 153rd, Porter of the 143rd, Skipper of the 137th and others:
A RESOLUTION urging the Board of Regents of the University System of Georgia to allow children of POST certified law enforcement officers who have died while carrying out their duties to attend a state college or university tuition free in order to obtain an undergraduate degree; and for other purposes.
Referred to the Committee on Higher Education.
HR 1539. By Representatives Irvin of the 45th, Knox of the 28th, Millar of the 59th, Davis of the 60th, Willard of the 44th and others:
A RESOLUTION urging the State Road and Tollway Authority to use tolls from individual projects to pay for only those individual projects, and no others; and for other purposes.
2786
JOURNAL OF THE HOUSE
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 1815 HB 1816 HB 1817 HB 1818 HB 1819 HB 1820 HB 1821 HB 1822 HB 1823 HB 1824 HB 1825
HB 1826 HB 1827 HB 1828 HR 1532 HR 1533 HR 1537 SB 543 SB 544 SB 557 SB 562 SB 565
Pursuant to Rule 52, Representative Franklin of the 39th moved that the following Resolution of the House be engrossed:
HR 1532. By Representative Franklin of the 39th: A RESOLUTION amending the Rules of the House; and for other purposes.
The motion prevailed.
Pursuant to Rule 52, Representative Franklin of the 39th moved that the following Resolution of the House be engrossed:
HR 1533. By Representative Franklin of the 39th: A RESOLUTION amending the Rules of the House; and for other purposes.
The motion prevailed.
TUESDAY, APRIL 2, 2002
2787
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 1535 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman
Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1784 Do Pass, by Substitute HB 1785 Do Pass, by Substitute HB 1798 Do Pass, by Substitute HB 1804 Do Pass HB 1805 Do Pass HB 1806 Do Pass HB 1807 Do Pass HB 1808 Do Pass HB 1811 Do Pass
HB 1812 Do Pass HB 1813 Do Pass HB 1814 Do Pass SB 537 Do Pass SB 538 Do Pass SB 542 Do Pass SB 551 Do Pass, by Substitute SB 560 Do Pass SB 561 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman
2788
JOURNAL OF THE HOUSE
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR TUESDAY, APRIL 2, 2002
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 36th Legislative Day as enumerated below:
SB 32 SB 253
SB 358
SB 391
SB 405
SB 409
SB 439 SB 530
County Boards of Elections and Registration; creation Limited Liability Companies; amend provisions; change definitions and cross-references; taxation Fire Extinguishers or Fire Suppression Systems; grounds for revocation of license or permit to sell or service Sapelo Island Heritage Authority Act; additional members; residents of Hog Hammock community Counties; ad valorem taxes; installment payments; population and census application Georgia Building Authority; projects; operation of child care and child development centers MARTA; security force; oath of office for peace officers Professional Bondsmen or Bail Recovery Agents; continuing education
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 1784. By Representatives Childers of the 13th, Smith of the 12th and Reece of the 11th:
TUESDAY, APRIL 2, 2002
2789
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.
The following Committee substitute was read and adopted:
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; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. As used in this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all municipal ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Rome, including, but not limited to, taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence.
SECTION 2. Each resident of the City of Rome is granted an exemption on that persons homestead from all City of Rome ad valorem taxes for municipal 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. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is removed from the homestead, the base year assessed value shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation.
2790
JOURNAL OF THE HOUSE
SECTION 3. A person shall not receive the homestead exemption granted by Section 2 of this Act unless the person or persons agent files an application with the governing authority of the City of Rome, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Rome, or the designee thereof, to make a determination as to whether such owner is entitled to such exemption.
SECTION 4. The governing authority of the City of Rome, or the designee thereof, shall provide application forms for the exemption granted by Section 2 of this Act which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
SECTION 5. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in Section 3 of this Act, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under Section 2 of this Act to notify the governing authority of the City of Rome, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption.
SECTION 6. The exemption granted by this Act shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by Section 2 of this Act shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes.
SECTION 7. The exemption granted by Section 2 of this Act shall apply to all taxable years beginning on or after January 1, 2003.
SECTION 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of City of Rome shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Rome for approval or rejection. The municipal election superintendent shall conduct that election on the date of the 2002 state-wide general election and shall issue the call and conduct that election as provided by general law. The municipal superintendent shall cause the
TUESDAY, APRIL 2, 2002
2791
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 Floyd County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act be approved which provides 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?"
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, Sections 1 through 7 of this Act shall become of full force and effect on January 1, 2003. If the Act is not so approved or if the election is not conducted as provided in this section, Sections 1 through 7 this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Rome. It shall be the municipal election superintendents duty to certify the result thereof to the Secretary of State.
SECTION 9. Except as otherwise provided in Section 8 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
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.
The following Committee substitute was read and adopted:
2792
JOURNAL OF THE HOUSE
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; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Floyd County, including but not limited to any ad valorem taxes for special district purposes and to pay interest on and to retire county bond indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence. (b) Each resident of Floyd County is granted an exemption on that persons homestead from all Floyd 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 the homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is removed from the homestead, the base year assessed value shall be adjusted to reflect such removal and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persons agent files an application with the tax commissioner of Floyd County giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. (d) The tax commissioner of Floyd County shall provide application forms for the exemption granted by subsection (b) of this section which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
TUESDAY, APRIL 2, 2002
2793
(e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of the county or the designee thereof in the event that person for any reason becomes ineligible for that exemption. (f) The exemption granted by this Act shall not apply to or affect state ad valorem taxes, county or independent school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to county ad valorem taxes for county purposes. (g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2003.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Floyd County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Floyd County for approval or rejection. The election superintendent shall conduct that election on the date of the 2002 state-wide general election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Floyd County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act be approved which provides 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?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2003. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Floyd County. It shall be the election superintendents duty to certify the result thereof to the Secretary of State.
2794
JOURNAL OF THE HOUSE
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 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.
The following Committee substitute was read and adopted:
A BILL
To amend an Act creating a board of elections and registration for Lincoln County, approved April 4, 1996 (Ga. L. 1996, p. 4210), so as to provide for compensation for members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a board of elections and registration for Lincoln County, approved April 4, 1996 (Ga. L. 1996, p. 4210), is amended by striking Section 14 and inserting in lieu thereof a new Section 14 to read as follows:
"SECTION 14. The members of the board of elections and registration shall receive $30.00 for each day of service on behalf of the board payable from the funds of Lincoln County."
SECTION 2. This Act shall become effective on January 1, 2003.
TUESDAY, APRIL 2, 2002
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
2795
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 1804. By Representatives Wix of the 33rd, Johnson of the 35th, Golick of the 30th, Parsons of the 40th, Wiles of the 34th and others:
A BILL to amend an Act known as the "South Cobb Development Authority Act," so as to change the provisions relating to the membership of the authority; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1805. By Representatives Wix of the 33rd, Johnson of the 35th, Golick of the 30th, Parsons of the 40th, Wiles of the 34th and others:
A BILL to authorize Cobb 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; 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 1806. By Representative Anderson of the 116th:
A BILL to provide a new charter for the City of Gough; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
2796
JOURNAL OF THE HOUSE
HB 1807. By Representatives Cash of the 108th, Lunsford of the 109th and Sanders of the 107th:
A BILL to amend and restate an Act known as the "Henry County Development Authority Act," so as to substantially revise the laws relating to the Henry County Development Authority; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1808. 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 1811. By Representative Joyce of the 1st:
A BILL to amend an Act creating the board of commissioners of Dade County, so as to revise the districts for the election of members of the board of commissioners; to provide for the composition and membership 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 1812. By Representative McCall of the 90th:
A BILL to provide for an advisory referendum election to be held in Elbert County for the purpose of determining if a change in the form of government is desired by the people of said county; to provide for the creation of a study committee to determine what changes in the form of government of said
TUESDAY, APRIL 2, 2002
2797
county may be appropriate; to provide that the creation of said study committee shall be contingent on the results of the referendum election; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1813. By Representative Smith of the 169th:
A BILL to amend an act creating the board of commissioners of Brantley County, so as to provide for an advisory referendum election to be held in Brantley County for the purpose of ascertaining if a change in the form of government of Brantley County is desired by the people of said county; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1814. By Representative Smith of the 169th:
A BILL to amend an Act providing for election of the members of the Board of Education of Brantley County, so as to provide for an advisory referendum election to be held in the Brantley County school district for the purpose of ascertaining if a change in the manner of electing the Board of Education of Brantley County is desired by the people of said school district; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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
2798
JOURNAL OF THE HOUSE
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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 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.
TUESDAY, APRIL 2, 2002
2799
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.
The following Committee substitute was read and adopted:
A BILL
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 provide for conditions for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and a sinking fund; to provide for payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for bond validation; to provide for venue and jurisdiction; to provide for trust funds; to provide for authority purpose; to provide for charges; to provide for rules and regulations; to provide for tort immunity; to provide for tax exemptions; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
2800
JOURNAL OF THE HOUSE
SECTION 1. Short title.
This Act shall be known and may be cited as the "Joint Cartersville-Bartow County Regional Industrial Development Authority Act."
SECTION 2. Definitions.
(a) As used in this Act, the term: (1) "Authority" or "development authority" means the Joint Cartersville-Bartow County Regional Industrial Development Authority created by this Act. (2) "Cost of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, fiscal agents, and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing authorized in this Act; the cost of the acquisition or construction of any project; the cost of placing any project in operation; and the cost of condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (3) "Project" includes: (A) Any one or more buildings or structures located in Cartersville or Bartow County to be used in the production, manufacturing, processing, assembling, storing, or handling of any agricultural, manufactured, mining, or industrial product or any combination of the foregoing, in every case with all necessary or useful furnishings, machinery, equipment, parking facilities, landscaping, and facilities for outdoor storage, all as determined by the authority, which determination shall be final and not subject to review; and there may be included as part of any such project all improvements necessary to the full utilization thereof, including site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt line railroad sidings and lead tracks, bridges, causeways, terminals for railroad, automotive, and air transportation, and transportation facilities incidental to the project; (B) The acquisition, construction, leasing, or equipping of new industrial facilities or the improvement, modification, acquisition, expansion, modernization, leasing, equipping, or remodeling of existing industrial facilities located or to be located within Cartersville or Bartow County;
TUESDAY, APRIL 2, 2002
2801
(C) The acquisition, construction, improvement, or modification of any property, real or personal, which any industrial concern might desire to use, acquire, or lease in connection with the operation of any plant or facility located or to be located within the City of Cartersville or Bartow County; and (D) The acquisition or development of land in the City of Cartersville or Bartow County as the site for an industrial park, provided that for purposes of this subparagraph, the term "development of land" includes the provision of water, sewage, drainage, or similar facilities or transportation, power, or communication facilities which are incidental to use of the site as an industrial park but, except with respect to such facilities, does not include the provision of structures or buildings. (4) "Revenue bonds" and "bonds" means revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and any amendments thereto and, in addition, shall also mean obligations of the authority, the issuance of which are hereinafter specifically provided for in this Act. (b) Any project shall be deemed "self-liquidating" if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all facilities used in connection therewith will be sufficient to pay the costs of operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.
SECTION 3. Joint Cartersville-Bartow County Regional Industrial
Development Authority.
(a) There is created a body corporate and politic, to be known as the "Joint CartersvilleBartow County Regional Industrial Development Authority," which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and bring and defend actions in all courts. The authority shall have perpetual existence. (b) The authority shall consist of six members, three of whom shall be appointed by a majority vote of the governing authority of the City of Cartersville and three of whom shall be appointed by a majority vote of the governing authority of Bartow County. Persons so appointed shall serve for initial terms of office which expire December 31, 2006. After the initial terms of office, members of the authority shall serve for terms of office of four years each. Members of the authority shall serve for their respective terms of office specified in this subsection and until their respective successors are appointed and qualified. Any member of the authority may be appointed to succeed himself or herself. After such appointment, the members of such authority shall enter upon their duties. Any vacancy on the authority shall be filled in the same manner as was the
2802
JOURNAL OF THE HOUSE
original appointment of the member whose term of membership resulted in such vacancy, except that if the vacancy in membership is not filled within 30 days after the vacancy occurs, the vacancy shall be filled by a majority vote of the members of the General Assembly whose legislative districts include any part or all of the City of Cartersville or Bartow County. A person appointed to fill a vacancy shall serve for the remainder of the unexpired term and until the appointment and qualification of a successor. The members of the authority shall be reimbursed, upon submission of sworn vouchers, for all actual expenses incurred in the performance of their duties out of funds of the authority but shall receive no further compensation. The authority shall make rules and regulations for its own government. It shall have perpetual existence. (c) To be eligible for appointment as a member of the authority a person shall be at least 21 years of age and have been a resident of the City of Cartersville or Bartow County for at least one year prior to the date of such person's appointment and shall not have been convicted of a felony. (d) The members of the authority shall annually elect one of their number as chairperson. Also, the members of the authority shall elect one of their number as vice chairperson, shall elect one of their number as secretary, and may elect one of their number as treasurer. The secretary may also serve as treasurer. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. The chairperson of the authority shall be entitled to vote upon any issue, motion, or resolution. (e) A majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority. (f) A vacancy on the authority shall exist in the office of any member of the authority who is convicted of a felony or who enters a plea of nolo contendere thereto; who is convicted of a crime involving moral turpitude or who enters a plea of nolo contendere thereto; who moves such person's residence from the City of Cartersville or Bartow County to another city or county other than the City of Cartersville or Bartow County; who is convicted of any act of misfeasance, malfeasance, or nonfeasance of such persons duties as a member of the authority; or who fails to attend three consecutive regular meetings of the authority without an excuse approved by a resolution of the authority. (g) All meetings of the authority, regular or special, shall be open to the public. (h) No member or employee of the authority shall have, directly or indirectly, any financial interest, profit, or benefit in any contract, work, or business of the authority nor in the sale, lease, or purchase of any property to or from the authority. (i) The governing authorities the City of Cartersville and Bartow County shall contract between themselves, in order to be authorized to make their initial appointments to the development authority, that for the duration of any contract between such city and county and the development authority the amount of the financial obligation of each political subdivision to the development authority under this Act shall be the same amount as the other political subdivisions financial obligation to the development authority under this Act.
TUESDAY, APRIL 2, 2002
2803
SECTION 4. Purpose of the authority.
Without limiting the generality of any provisions of this Act, the general purpose of the authority is declared to be that of acquiring, constructing, equipping, maintaining, and operating projects in the City of Cartersville or Bartow County; extending and improving such projects; acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property, to any persons, firms, or corporations, whether public or private, if in the sole judgment of the authority such use, lease, or sale supports the general purposes of the authority; and doing all things deemed by the authority necessary, convenient, and desirable for and incident to the efficient and proper development and operation of such type of undertakings.
SECTION 5. Powers.
The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes and to plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, and lease all projects which shall come under the control of the authority under the provisions of this Act or which it may acquire or plan to acquire; to regulate, protect, and police such projects and all related activities and facilities; to enter into any contracts, leases, or other agreements, promulgate any orders, set any tolls, fees, or other charges for the use of property or services of the authority and collect and use same as necessary to operate the projects under control of the authority; and to accomplish any purposes of this Act and make any purchases or sales necessary for such purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of, or dispose of the same in any manner it deems to be to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and, in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of
2804
JOURNAL OF THE HOUSE
this Act upon which any lien or other encumbrance exists unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and to fix their respective compensations; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be constructed, erected, or acquired. Any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the foregoing, authority is specifically granted to municipal corporations, counties, and other political subdivisions and to the authority to enter into contracts, lease agreements, or other undertakings with each other relating to projects of the authority for a term not exceeding 50 years. Likewise, without limiting the generality of the above and foregoing, the same authority above granted to municipal corporations, counties, political subdivisions, and to the authority relative to entering into contracts, lease agreements, or other undertakings is authorized between the authority and private corporations, both inside and outside this state, and between the authority and public bodies, including counties and cities outside this state; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof; (7) To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may require; (8) To accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require; (9) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of the same and for the rights of the holders thereof; (10) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short-term loans and approve, execute, and deliver appropriate evidence of such indebtedness, provided no such power is in conflict with the Constitution or general laws of this state; and
TUESDAY, APRIL 2, 2002
2805
(11) To do all things necessary or convenient to carry out the powers expressly given in this Act.
SECTION 6. Revenue bonds.
The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act is authorized to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided in this Act for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of bonds.
SECTION 7. Revenue bonds; form; denomination; registration;
place of payment.
The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereon, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.
SECTION 8. Revenue bonds; signatures; seal.
In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the chairperson of the authority and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority and any coupons attached thereto shall bear the facsimile signatures of the chairperson and the secretary of the authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the
2806
JOURNAL OF THE HOUSE
actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such person may not have been so authorized or shall not have held such office.
SECTION 9. Revenue bonds; negotiability; exemption from taxation.
All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds, their transfer, and the income therefrom shall be exempt from all taxation within this state.
SECTION 10. Revenue bonds; sale; price; proceeds.
The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority. The proceeds derived from the sale of such bonds shall be used solely for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such bonds.
SECTION 11. Revenue bonds; interim receipts and certificates
or temporary bonds.
Prior to the preparation of any definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.
SECTION 12. Revenue bonds; replacement of lost or mutilated bonds.
The authority may provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost.
SECTION 13. Revenue bonds; conditions precedent to issuance.
Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such
TUESDAY, APRIL 2, 2002
2807
resolution may be passed at any regular or special meeting of the authority by a majority of its members.
SECTION 14. Credit not pledged.
Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the City of Cartersville or Bartow County nor a pledge of the faith and credit of the City of Cartersville or Bartow County; but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the City of Cartersville or Bartow County to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.
SECTION 15. Trust indenture as security.
In the discretion of the authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority, and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in
2808
JOURNAL OF THE HOUSE
carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.
SECTION 16. To whom proceeds of bonds shall be paid.
In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes of this Act, subject to such regulations as this Act and such resolution or trust indenture may provide.
SECTION 17. Sinking fund.
The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide. Such funds so pledged from whatever source received, including funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) The necessary charges of paying agents for paying principal and interest and other investment charges; (4) Any premium upon bonds retired by call or purchase as provided in this Act; and (5) Any investment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued.
SECTION 18. Remedies of bondholders.
TUESDAY, APRIL 2, 2002
2809
Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights given in this Act may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of this state or granted under this Act or under such resolution or trust indenture and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.
SECTION 19. Refunding bonds.
The authority is authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.
SECTION 20. Validation.
Bonds of the authority shall be confirmed and validated in accordance with the procedures of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law." The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated, and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis for the security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, and the security for the payment thereof and interest thereon and against the authority issuing the same and the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the Joint Cartersville-Bartow County Regional Industrial Development Authority.
2810
JOURNAL OF THE HOUSE
SECTION 21. Venue and jurisdiction.
Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Bartow County, Georgia; and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
SECTION 22. Interest of bondholders protected.
While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. No other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds, and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
SECTION 23. Moneys received considered trust funds.
All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
SECTION 24. Rates, charges, and revenues; use.
The authority is authorized to prescribe and fix rates and to revise the same from time to time and to collect fees, tolls, and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of any project and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made.
TUESDAY, APRIL 2, 2002
2811
SECTION 25. Rules and regulations for operation of projects.
It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed or acquired under the provisions of this Act.
SECTION 26. Tort immunity.
The authority shall have the same immunity and exemption from liability for torts and negligence as the City of Cartersville and Bartow County; and the officers, agents, and employees of the authority, when in the performance of the work of the authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of the City of Cartersville and Bartow County as when in the performance of their public duties or work of such political subdivisions.
SECTION 27. Tax exemption.
It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Act, and this state covenants with the holders of the bonds that the authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the projects erected by it or any rates, fees, tolls, or other charges for the use of such projects or other income received by the authority, and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this state. The exemption from taxation provided for in this section shall not extend to tenants or lessees of the authority and shall not include exemptions from sales and use taxes on property purchased by the authority or for use by the authority.
SECTION 28. Powers declared supplemental and additional.
The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized by this Act, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing.
2812
JOURNAL OF THE HOUSE
SECTION 29. Effect on other governments.
This Act shall not and does not in any way take from the City of Cartersville or Bartow County the authority to own, operate, and maintain projects or to issue revenue bonds as is provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law."
SECTION 30. Liberal construction of Act.
This Act being for the welfare of various political subdivisions of the state and its inhabitants shall be liberally construed to effect the purposes of this Act.
SECTION 31. Effective date.
This Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval.
SECTION 32. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
SB 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.
TUESDAY, APRIL 2, 2002
2813
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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 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.
By unanimous consent, the following roll call vote was made applicable to the previously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:
Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y 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 E Burkhalter
Y Cox Y Crawford Y Cummings Y Davis E Day
Dean Y Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner Y Dukes Y Ehrhart
Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene
Y Hudgens Hudson, N
Y Hudson, S Y Hugley Y Irvin Y Jackson, B E Jackson, L Y James
Jamieson Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane E Lanier Y Lewis Y Lord Lucas Lunsford
Y Mueller Y Muntean Y O'Neal Y Orrock
Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag
Porter Y Powell
Purcell Ragas Randall Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L
Y Smith, B Smith, C
Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T E Smith, V
Smyre Y Snelling Y Snow
Squires Y Stallings
Stanley Y Stanley-Turner Y Stephens Y Stokes
Taylor Y Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman
2814
Burmeister Y Byrd
Callaway Y Campbell Y Cash Y Channell
Childers Y Coan Y Coleman, B Y Coleman, T
Collins Y Connell
Cooper
JOURNAL OF THE HOUSE
Hammontree Hanner Harbin Y Harrell Y Heard Heckstall Y Hembree Henson Y Hines Y Holland Holmes Y Houston Y Howard
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 Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
Y Walker, L Y Walker, R.L Y Watson Y West E Westmoreland Y Wiles Y Wilkinson Y Willard
Williams, J Williams, R Y Wix Y Yates Murphy, Speaker
On the passage of the Bills, the ayes were 135, 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 525. By Senator Ladd of the 41st:
A BILL to be entitled an Act to amend an Act to provide for the creation of community improvement districts in DeKalb County, approved April 19, 1999 (Ga. L. 1999, p. 4786), so as to extend the time for the creation of community improvement districts under the Act; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 563. By Senators Ragan of the 11th, Bowen of the 13th and Golden of the 8th:
A BILL to be entitled an Act to create the Joint Recreation Authority of Brooks, Colquitt, Grady, Mitchell, and Thomas Counties and to authorize such authority to acquire, own, operate, manage, construct, equip, maintain, modify, improve, expand, and operate sports, cultural, and recreational facilities and areas of all kinds and descriptions; to provide for the validation of revenue bonds and supporting agreements pursuant to the provisions of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law";
TUESDAY, APRIL 2, 2002
2815
to grant to the authority sovereign immunity; to fix the venue or jurisdiction of actions to which the authority shall be a party; to provide for construction of this Act; to provide for conveyance of property upon dissolution; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 567. By Senator Gillis of the 20th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Soperton, approved March 14, 1984 (Ga. L. 1984, p. 4212), as amended, so as to change the description of the council 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 an effective date; to repeal conflicting laws; and for other purposes.
SB 568. By Senator Kemp of the 3rd:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of McIntosh County, approved February 26, 1876 (Ga. L. 1876, p. 283), 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 the specific repeal of a local Act; 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 569. By Senators Fort of the 39th, Tate of the 38th, Paul of the 40th, Scott of the 36th, James of the 35th and others:
A BILL to be entitled an Act to repeal an Act approved March 20, 1986 (Ga. L. 1986, p. 4440), and an Act approved March 25, 1986 (Ga. L. 1986, p. 4774), 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. 88; Senate Resolution No. 85; Ga. L. 1952, p. 514) 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 Commissioners and Ex Officio Judges 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. 88; Senate Resolution No. 85; Ga. L. 1952, p. 514); to repeal conflicting laws; and for other purposes.
2816
JOURNAL OF THE HOUSE
SB 570. By Senator Bowen of the 13th:
A BILL to be entitled an Act to provide a new charter for the City of Lilly; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for the submission of this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1975; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
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.
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.
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.
TUESDAY, APRIL 2, 2002
2817
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.
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.
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.
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.
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.
HB 1711. By Representative McCall of the 90th:
A BILL to provide a new charter for the City of Bowman; and for other purposes.
2818
JOURNAL OF THE HOUSE
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.
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.
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.
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.
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.
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.
TUESDAY, APRIL 2, 2002
2819
HB 1727. By Representative Hudgens of the 24th:
A BILL to provide a new charter for the City of Comer; and for other purposes.
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.
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.
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.
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.
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.
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
2820
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.
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.
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.
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.
HB 1745. By Representative Hanner of the 159th:
A BILL to provide a new charter for the City of Ellaville; and for other purposes.
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.
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.
TUESDAY, APRIL 2, 2002
2821
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.
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.
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.
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.
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.
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.
2822
JOURNAL OF THE HOUSE
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.
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.
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 Senate has passed as amended, by the requisite constitutional majority, the following bills of the House:
HB 360. By Representatives Manning of the 32nd, Reece of the 11th, Smith of the 103rd, Mueller of the 152nd, Barnard of the 154th and others:
A BILL to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for voluntary relinquishment of a newborn under certain circumstances; and for other purposes.
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.
The Senate has agreed to the House amendments to the following bills of the Senate:
TUESDAY, APRIL 2, 2002
2823
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 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.
The Senate has agreed to the House substitutes to the following bills 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.
2824
JOURNAL OF THE HOUSE
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.
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 Senate has failed to suspend the rules to allow a first reading and referral of the following bill of the House:
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.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
TUESDAY, APRIL 2, 2002
2825
SB 525. By Senator Ladd of the 41st:
A BILL to be entitled an Act to amend an Act to provide for the creation of community improvement districts in DeKalb County, approved April 19, 1999 (Ga. L. 1999, p. 4786), so as to extend the time for the creation of community improvement districts under the Act; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 563. By Senators Ragan of the 11th, Bowen of the 13th and Golden of the 8th:
A BILL to be entitled an Act to create the Joint Recreation Authority of Brooks, Colquitt, Grady, Mitchell, and Thomas Counties and to authorize such authority to acquire, own, operate, manage, construct, equip, maintain, modify, improve, expand, and operate sports, cultural, and recreational facilities and areas of all kinds and descriptions; to provide for the validation of revenue bonds and supporting agreements pursuant to the provisions of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; to grant to the authority sovereign immunity; to fix the venue or jurisdiction of actions to which the authority shall be a party; to provide for construction of this Act; to provide for conveyance of property upon dissolution; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 567. By Senator Gillis of the 20th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Soperton, approved March 14, 1984 (Ga. L. 1984, p. 4212), as amended, so as to change the description of the council 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 an effective date; to repeal conflicting laws; and for other purposes.
2826
JOURNAL OF THE HOUSE
Referred to the Committee on State Planning & Community Affairs - Local.
SB 568. By Senator Kemp of the 3rd:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of McIntosh County, approved February 26, 1876 (Ga. L. 1876, p. 283), 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 the specific repeal of a local Act; 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 569. By Senators Fort of the 39th, Tate of the 38th, Paul of the 40th, Scott of the 36th, James of the 35th and others:
A BILL to be entitled an Act to repeal an Act approved March 20, 1986 (Ga. L. 1986, p. 4440), and an Act approved March 25, 1986 (Ga. L. 1986, p. 4774), 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. 88; Senate Resolution No. 85; Ga. L. 1952, p. 514) 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 Commissioners and Ex Officio Judges 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. 88; Senate Resolution No. 85; Ga. L. 1952, p. 514); to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 570. By Senator Bowen of the 13th:
A BILL to be entitled an Act to provide a new charter for the City of Lilly; to provide for incorporation, boundaries, and powers of the city; to provide for a
TUESDAY, APRIL 2, 2002
2827
governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for the submission of this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1975; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
Representative Graves of the 125th 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 Senate were taken up for consideration and read the third time:
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.
The report of the Committee, which was favorable to the 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 E Day
Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin
Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham
Smith, B Smith, C Y Smith, C.W Y Smith, L Smith, P
2828
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 E Burkhalter Y Burmeister Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T
Collins Y Connell
Cooper
JOURNAL OF THE HOUSE
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 Grasse Y Graves
Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree
Henson Y Hines
Holland Y Holmes
Houston Y Howard
Y Jackson, B E Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan N Joyce Y Kaye Y Keen Y Knox Y Lane E Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning
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
Poag Y Porter Y Powell
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
Scheid Y Scott
Seay Y Shanahan Y Shaw Y Sholar
Sims Sinkfield Y Skipper
Y Smith, T E Smith, V Y Smyre Y Snelling Y Snow
Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes
Taylor Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West E 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 139, nays 2. The Bill, having received the requisite constitutional majority, was passed.
Representatives Collins of the 29th and Jenkins of the 110th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
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
TUESDAY, APRIL 2, 2002
2829
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.
The report of the Committee, which was favorable to the 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
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 E Coan Y Coleman, B
Coleman, T Y Collins Y Connell Y Cooper
Y Cox Y Crawford Y Cummings N 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 E Franklin Y Gardner Y Golick
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 Y Howard
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin N Jackson, B E Jackson, L
James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce
Kaye Y Keen Y Knox Y Lane E 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 E Mills
Mobley Y Morris Y Mosley
Y Mueller Y Muntean 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 Reichert
Rice Y Richardson Y Roberts, D Y Roberts, L N Rogers Y Royal
Sailor N 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 E Smith, V Y Smyre Y Snelling Y Snow
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 Y West E Westmoreland Y Wiles Y Wilkinson Y Willard
Williams, J Y Williams, R Y Wix N Yates
Murphy, Speaker
2830
JOURNAL OF THE HOUSE
On the passage of the Bill, the ayes were 144, nays 6. The Bill, having received the requisite constitutional majority, was passed.
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.
The report of the Committee, which was favorable to the 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 E Burkhalter N Burmeister Y Byrd N Callaway Y Campbell Y Cash Y Channell
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 N Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
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 E Lanier Y Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall
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 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
N Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T E Smith, V
Smyre Y Snelling Y Snow
Squires Y Stallings
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 E Westmoreland Y Wiles
Y Childers N Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
TUESDAY, APRIL 2, 2002
Y Hembree Y Henson N Hines
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
2831
Y Wilkinson Y Willard
Williams, J Y Williams, R Y Wix N Yates
Murphy, Speaker
On the passage of the Bill, the ayes were 149, nays 10. The Bill, having received the requisite constitutional majority, was passed.
The Speaker Pro Tem assumed the Chair.
SB 253. By Senators Hecht of the 34th, Tanksley of the 32nd and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Chapter 11 of Title 14 of the Official Code of Georgia Annotated, known as the "Georgia Limited Liability Company Act," so as to change certain definitions and cross-references; to change the provisions relating to approval rights of members and managers; to change the provisions relating to distributions upon the event of dissociation; to change the provisions relating to assignment of limited liability company interest; to change the provisions relating to taxation; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 11 of Title 14 of the Official Code of Georgia Annotated, known as the "Georgia Limited Liability Company Act," so as to change certain definitions and cross-references; to change the provisions relating to approval rights of members and managers; to change the provisions relating to distributions upon the event of dissociation; to change the provisions relating to dissociation; to change the provisions relating to assignment of limited liability company interest; to change the provisions relating to cessation of membership; to limit withdrawal from a limited liability company; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
2832
JOURNAL OF THE HOUSE
SECTION 1. Chapter 11 of Title 14 of the Official Code of Georgia Annotated, known as the "Georgia Limited Liability Company Act," is amended by striking Code Section 14-11-101, relating to definitions, and inserting in its place the following:
"14-11-101. As used in this chapter, unless the context otherwise requires, the term:
(1) 'Articles of organization' means the articles filed under Code Section 14-11-203 and such articles as amended or restated. (2) 'Business entity' means a limited liability company, a foreign limited liability company, a limited partnership, a foreign limited partnership, a general partnership, a corporation, or a foreign corporation. (3) 'Conflicting interest' with respect to a limited liability company means the interest a member or manager of the limited liability company has respecting a transaction effected or proposed to be effected by the limited liability company (or by a person in which the limited liability company has a controlling interest), with respect to which the member or manager has the power to act or vote, if:
(A) Whether or not the transaction is brought before the members or managers responsible for the decision, as the case may be, of the limited liability company for action, to the knowledge of the member or manager at the time of commitment, he or she or a related person is a party to the transaction or has a beneficial financial interest in or so closely linked to the transaction and of such financial significance to the member or manager or a related person that it would reasonably be expected to exert an influence on the member or managers judgment if he or she were called upon to vote on the transaction; or (B) The transaction is brought (or is of such character and significance to the limited liability company that it would in the normal course be brought) before the members or managers responsible for the decision, as the case may be, of the limited liability company for action and, to the knowledge of the member or manager at the time of commitment, any of the following persons is either a party to the transaction or has a beneficial financial interest so closely linked to the transaction and of such financial significance to that person that it would reasonably be expected to exert an influence on the member or managers judgment if he or she were called upon to vote on the transaction: an entity (other than the limited liability company) of which the member or manager is a director, general partner, member, manager, agent, or employee; an entity that controls, is controlled by, or is under common control with one or more of the entities specified in the preceding clause; or an individual who is a general partner, principal, or employer of the member or manager. (4) 'Contribution' means a contribution to the capital of a limited liability company authorized by Code Section 14-11-401. (5) 'Corporation' means a corporation incorporated under Chapter 2 of this title.
TUESDAY, APRIL 2, 2002
2833
(6) 'Distribution' means a direct or indirect transfer of money or other property (except its own limited liability company interests) by a limited liability company to or for the benefit of its members or their assignees in respect of any of its limited liability company interests. A distribution may be in the form of a transfer of money or other property; a purchase, redemption, or other acquisition of a limited liability company interest; a distribution of indebtedness; or otherwise. (6.1) 'Electronic transmission' or 'electronically transmitted' means any process of communication not directly involving the physical transfer of paper that is suitable for the retention, retrieval, and reproduction of information by the recipient. (7) 'Event of dissociation' means an event that causes a person to cease to be a member, as provided in Code Section 14-11-601 or 14-11-601.1. (8) 'Foreign corporation' means a corporation for profit formed under the laws of a jurisdiction other than this state. (9) 'Foreign limited liability company' means a limited liability company formed under the laws of a jurisdiction other than this state. (10) 'Foreign limited partnership' means a limited partnership formed under the laws of a jurisdiction other than this state. (11) 'General partnership' means a partnership (other than a limited partnership) existing under the laws of this state or the laws of any other jurisdiction. (12) 'Limited liability company' means a limited liability company formed under this chapter by one or more members. (13) 'Limited liability company interest' means a members share of the profits and losses of a limited liability company and a members right to receive distributions. (14) 'Limited partnership' means a limited partnership formed under the laws of this state. (15) 'Manager' means a person in whom management is vested in accordance with subsection (b) of Code Section 14-11-304. (16) 'Member' means a person who has been admitted to a limited liability company as a member as provided in Code Section 14-11-505 and who has not ceased to be a member as provided in Code Section 14-11-601 or 14-11-601.1. (17) 'Member or managers conflicting interest transaction' with respect to a limited liability company means a transaction effected or proposed to be effected by the limited liability company (or by a person in which the limited liability company has a controlling interest) respecting which a member or manager of the limited liability company having the power to act or vote has a conflicting interest. (18) 'Operating agreement' means any agreement, written or oral, as to the conduct of the business and affairs of a limited liability company that is binding upon all of the members. A written operating agreement may provide that a person shall be admitted as a member of a limited liability company, or shall become an assignee of a limited liability company interest or other rights or powers of a member to the extent assigned, and shall become bound by the operating agreement and the provisions of the articles of organization (A) if such person (or a representative authorized by such person orally, in writing, or by other action such as payment for a limited liability
2834
JOURNAL OF THE HOUSE
company interest) executes the operating agreement or any other writing evidencing the intent of such person to become a member or assignee, or (B) without such execution, if such person (or a representative authorized by such person orally, in writing, or by other action such as payment for a limited liability company interest) complies with the conditions for becoming a member or assignee as set forth in the written operating agreement or any other writing and such person or representative requests in writing that the records of the limited liability company reflect such admission or assignment. In the case of a limited liability company with only one member, a writing signed by that member stating that it is intended to be a written operating agreement shall constitute a written operating agreement. (19) 'Person' means an individual, business entity, business trust, estate, trust, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. (20) 'Proceeding' means any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative and whether formal or informal. (21) 'Related person' of a member or manager means:
(A) A child, grandchild, sibling, parent, or spouse of, or an individual occupying the same household as, the member or manager or a trust or estate of which an individual specified in this subparagraph is a substantial beneficiary; or (B) A trust, estate, incompetent, conservator, or minor of which the member or manager is a fiduciary. (22) 'Required disclosure' means disclosure by the member or manager who has a conflicting interest of (A) the existence and nature of his or her conflicting interest, and (B) all facts known to him or her respecting the subject matter of the transaction that an ordinarily prudent person would reasonably believe to be material to a judgment as to whether or not to proceed with the transaction. (23) 'State' means the District of Columbia or the Commonwealth of Puerto Rico or any state, territory, possession, or other jurisdiction of the United States. (24) 'Time of commitment' respecting a members or managers conflicting interest transaction means the time when the transaction is consummated or, if made pursuant to contract, the time when the limited liability company (or the person in which it has a controlling interest) becomes contractually obligated so that its unilateral withdrawal from the transaction would entail significant loss, liability, or other damage."
SECTION 2. Said chapter is further amended by striking Code Section 14-11-308, relating to approval rights of members and managers, and inserting in its place the following:
"14-11-308. (a) Except as otherwise provided in this chapter or in the articles of organization or a written operating agreement, and subject to subsection (b) of this Code section:
TUESDAY, APRIL 2, 2002
2835
(1) If management of the limited liability company is vested in the members, each member shall have one vote with respect to, and the affirmative vote, approval, or consent of a majority of the members shall be required to decide, any matter arising in connection with the business and affairs of the limited liability company; and (2) If management of the limited liability company is vested in a manager or managers, each manager shall have one vote with respect to, and the affirmative vote, approval, or consent of a majority of the managers shall be required to decide, any matter arising in connection with the business and affairs of the limited liability company. (b) Unless otherwise provided in the articles of organization or a written operating agreement, the unanimous vote or consent of the members shall be required to approve the following matters: (1) The dissolution of the limited liability company under paragraph (3) of subsection (a) or paragraph (3) of subsection (b) of Code Section 14-11-602; (2) The merger of the limited liability company under subsection (a) of Code Section 14-11-903; (3) The sale, exchange, lease, or other transfer of all or substantially all of the assets of the limited liability company. For the purposes of this paragraph, assets shall be deemed to be less than all or substantially all of a limited liability companys assets if the value of the assets does not exceed two-thirds of the value of all of the assets of the limited liability company and the revenues represented or produced by such assets do not exceed two-thirds of the total revenues of the limited liability company; provided, however, that this paragraph shall not create any inference that the sale, exchange, lease, or other transfer of assets exceeding the amounts described in this paragraph is the sale of all or substantially all of the assets of the limited liability company; (4) The admission of any new member of the limited liability company under subsection (b) of Code Section 14-11-505; (5) An amendment to the articles of organization under Code Section 14-11-210 or an amendment to a written operating agreement; (6) Action under subsection (b) of Code Section 14-11-402 to reduce or eliminate an obligation to make a contribution to the capital of a limited liability company; (7) Action to approve a distribution under Code Section 14-11-404; or (8) Action to continue a limited liability company under paragraph (4) of subsection (a) or paragraph (4) of subsection (b) of Code Section 14-11-602."
SECTION 3. Said chapter is further amended by striking Code Section 14-11-405, relating to distributions upon event of dissociation, and inserting in its place the following:
"14-11-405. (a) Effective for limited liability companies formed prior to July 1, 1999, except as otherwise provided in the articles of organization or a written operating agreement, and subject to Code Section 14-11-407, a member with respect to which an event of
2836
JOURNAL OF THE HOUSE
dissociation occurs (other than one of the events specified in paragraphs (1), (2), and (4) of subsection (a) (b) of Code Section 14-11-601) is entitled to receive, within a reasonable time after the occurrence of the event, the fair value of the members interest in the limited liability company as of the date of such occurrence, but only if such event does not result in dissolution of the limited liability company. (b) Effective for limited liability companies formed on or after July 1, 1999, except as otherwise provided in the articles of organization or a written operating agreement, a member with respect to which an event of dissociation occurs under Code Section 1411-601.1 is not entitled to receive any payment by reason of such event and will become an assignee as to such limited liability company interest."
SECTION 4. Said chapter is further amended by striking Code Section 14-11-502, relating to assignment of limited liability company interest, and inserting in its place the following:
"14-11-502. Except as otherwise provided in the articles of organization or a written operating agreement:
(1) A limited liability company interest is assignable in whole or in part; (2) An assignment entitles the assignee to share in the profits and losses and to receive the distributions to which the assignor was entitled, to the extent assigned; (3) An assignment of a limited liability company interest does not of itself dissolve the limited liability company or entitle the assignee to participate in the management and affairs of the limited liability company or to become or exercise any rights of a member until admitted as a member pursuant to Code Section 14-11-505; (4) Until the assignee of a limited liability company interest becomes a member, the assignor continues to be a member with respect to the assigned limited liability company interest, subject to the other members right to remove the assignor pursuant to subparagraph (a)(3)(B) (b)(3)(B) of Code Section 14-11-601 or subparagraph (b)(2)(B) of Code Section 14-11-601.1; (5) Until the assignee of a limited liability company interest becomes a member, the assignee shall have no liability as a member solely as a result of the assignment; (6) A member who assigns his or her entire limited liability company interest ceases to be a member or to have the power to exercise any rights of a member when all of the assignees of his or her entire limited liability company interest become members with respect to the assigned limited liability company interest, subject to the other members right to remove the assignor earlier pursuant to subparagraph (a)(3)(B) (b)(3)(B) of Code Section 14-11-601 or subparagraph (b)(2)(B) of Code Section 1411-601.1; and (7) The pledge of, or granting of a security interest, lien, or other encumbrance in or against, any or all of the limited liability company interest of a member is not an assignment and shall not cause the member to cease to be a member or to cease to have the power to exercise any rights or powers of a member."
TUESDAY, APRIL 2, 2002
2837
SECTION 5. Said chapter is further amended by striking Code Section 14-11-601, relating to events of dissociation, and inserting in its place the following:
"14-11-601. (a) Effective This Code section is effective for limited liability companies formed prior to July 1, 1999, . (b) A a person ceases to be a member of a limited liability company upon the occurrence of any of the following events:
(1) The member withdraws by voluntary act from the limited liability company as provided in subsection (c) (d) of this Code section; (2) The member ceases to be a member of the limited liability company as provided in paragraph (6) of Code Section 14-11-502; (3) The member is removed as a member:
(A) In accordance with the articles of organization or a written operating agreement; or (B) Subject to contrary provision in the articles of organization or in a written operating agreement, when the member assigns all of his or her limited liability company interest, by an affirmative vote of a majority in number of the members who have not assigned all of their limited liability company interests; (4) The members entire interest in the limited liability company is purchased or redeemed by the limited liability company; (5) Subject to contrary provision in the articles of organization or a written operating agreement, or written consent of all other members at the time, the member (A) makes an assignment for the benefit of creditors; (B) files a voluntary petition in bankruptcy; (C) is adjudicated a bankrupt or insolvent; (D) files a petition or answer seeking for the member any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation; (E) files an answer or other pleading admitting or failing to contest the material allegations of a petition filed against the member in any proceeding of this nature; or (F) seeks, consents to, or acquiesces in the appointment of a trustee, receiver, or liquidator of the member or of all or any substantial part of the members properties; (6) Subject to contrary provision in the articles of organization or a written operating agreement, or written consent of all other members at the time, if within 120 days after the commencement of any proceeding against the member seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation, the proceeding has not been dismissed, or if within 90 days after the appointment without his or her consent or acquiescence of a trustee, receiver, or liquidator of the member or of all or any substantial part of his or her properties, the appointment is not vacated or stayed, or within 90 days after the expiration of any stay, the appointment is not vacated; or (7) Subject to contrary provision in the articles of organization or a written operating agreement, or written consent of all other members at the time, in the case of a member who is an individual:
2838
JOURNAL OF THE HOUSE
(A) On the date of his or her death; or (B) On the date of the entry of an order by a court of competent jurisdiction adjudicating the member incompetent to manage his or her person or his or her property. (b)(c) The articles of organization or a written operating agreement may provide for other events the occurrence of which result in a person ceasing to be a member of the limited liability company. (c)(d) Except as otherwise provided in the articles of organization or a written operating agreement, a member may withdraw from the limited liability company at any time by giving written notice to the other members at least 30 days in advance of his or her withdrawal or such other notice as is provided for in a written operating agreement."
SECTION 6. Said chapter is further amended by striking Code Section 14-11-601.1, relating to events resulting in cessation of membership, and inserting in its place the following:
"14-11-601.1. (a) This Code section is effective Effective for limited liability companies formed on or after July 1, 1999, . (b) A a person ceases to be a member of a limited liability company upon the occurrence of any of the following events:
(1) The member ceases to be a member of the limited liability company as provided in paragraph (6) of Code Section 14-11-502; (2) The member is removed as a member:
(A) In accordance with the articles of organization or a written operating agreement; or (B) Subject to contrary provision in the articles of organization or in a written operating agreement, when the member assigns all of his or her limited liability company interest, by an affirmative vote of a majority in number of the members who have not assigned all of their limited liability company interests; (3) The members entire interest in the limited liability company is purchased or redeemed by the limited liability company; (4) Subject to contrary provision in the articles of organization or a written operating agreement, or written consent of all other members at the time, the member (A) makes an assignment for the benefit of creditors; (B) files a voluntary petition in bankruptcy; (C) is adjudicated a bankrupt or insolvent; (D) files a petition or answer seeking for the member any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation; (E) files an answer or other pleading admitting or failing to contest the material allegations of a petition filed against the member in any proceeding of this nature; or (F) seeks, consents to, or acquiesces in the appointment of a trustee, receiver, or liquidator of the member or of all or any substantial part of the members properties;
TUESDAY, APRIL 2, 2002
2839
(5) Subject to contrary provision in the articles of organization or a written operating agreement, or written consent of all other members at the time, if within 120 days after the commencement of any proceeding against the member seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation, the proceeding has not been dismissed, or if within 90 days after the appointment without his or her consent or acquiescence of a trustee, receiver, or liquidator of the member or of all or any substantial part of his or her properties, the appointment is not vacated or stayed, or within 90 days after the expiration of any stay, the appointment is not vacated; or (6) Subject to contrary provision in the articles of organization or a written operating agreement, or written consent of all other members at the time, in the case of a member who is an individual:
(A) On the date of his or her death; or (B) On the date of the entry of an order by a court of competent jurisdiction adjudicating the member incompetent to manage his or her person or his or her property. (b)(c) The articles of organization or a written operating agreement may provide for other events the occurrence of which result in a person ceasing to be a member of the limited liability company. (d) Except as otherwise provided in the articles of organization or a written operating agreement, a member may not withdraw from the limited liability company."
SECTION 7. Said chapter is further amended by striking subsection (a) of Code Section 14-11-602, relating to dissolution, and inserting in its place the following:
"(a) Effective for limited liability companies formed prior to July 1, 1999, a limited liability company is dissolved and its affairs shall be wound up upon the first to occur of the following:
(1) At the time specified in the articles of organization or a written operating agreement; (2) Upon the happening of events specified in the articles of organization or a written operating agreement; (3) At a time approved by all the members; (4) Subject to contrary provision in the articles of organization or a written operating agreement, 90 days after any event of dissociation with respect to any member (other than an event specified in paragraph (1) of subsection (a) (b) of Code Section 14-11601), unless within such 90 day period the limited liability company is continued by the written consent of all other members or as otherwise provided in the articles of organization or a written operating agreement; or (5) Entry of a decree of judicial dissolution under subsection (a) of Code Section 1411-603."
2840
JOURNAL OF THE HOUSE
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 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 E Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
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 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
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 E 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 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
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 E Smith, V Y Smyre Y Snelling
Snow Y Squires Y Stallings
Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper E Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West E Westmoreland Y Wiles Y Wilkinson Y Willard
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.
TUESDAY, APRIL 2, 2002
2841
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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.
The following Committee substitute was read:
A BILL
To amend Subpart 1 of Part 1 of Article 2 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to county boards of elections and boards of elections and registration, 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 that the General Assembly may provide by local law for the judge of the probate court to serve as election superintendent and have voter registration handled by a board of registrars; to provide for other matters relative thereto; 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.
2842
JOURNAL OF THE HOUSE
Subpart 1 of Part 1 of Article 2 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to county boards of elections and boards of elections and registration, is amended by adding a new Code Section 21-2-41 to read as follows:
"21-2-41. (a) Except as otherwise provided by local Act pursuant to Code Section 21-2-40 or Code Section 21-2-45 and except as provided in subsection (l) of this Code section, there is created a board of elections and registration in each county in this state. Such board of elections and registration shall be empowered with the powers and duties of the election superintendent relating to the conduct of primaries and elections and the board of registrars relating to the registration of voters and absentee balloting procedures. (b) The county board of elections and registration created under subsection (a) of this Code section shall be composed of five members, each of whom shall be an elector of the county. The members of the board shall be appointed in the following manner:
(1) Two members shall be chosen by the county executive committee of the political party or body, or the state executive committee of the political party or body in the absence of an organized county executive committee of a political party or body, which, at the last preceding regular general election for the election of the Governor, nominated a candidate and such candidate received the largest number of votes cast among candidates for the office of Governor. Such members so chosen shall be certified by the chairperson of the appropriate executive committee of such political party or body to the governing authority of the county and such appointment shall be entered upon the minutes of the governing authority; (2) Two members shall be appointed in like fashion by the county executive committee of the political party or body, or the state executive committee of the political party or body in the absence of an organized county executive committee of the political party or body, which, at such election, nominated a candidate for Governor and such candidate received the next largest number of votes cast among candidates for the office of Governor. Such appointees shall be certified by the chairperson of the appropriate executive committee of that political party or body to the governing authority of said county and such certification shall be entered upon the minutes of the governing authority; (3) The fifth member of the board of elections and registration shall be appointed by the chief judge of superior court of the county from a list of one or more nominees submitted by a majority of the other four members of such board and shall be deemed the member at large. In the event a majority of the four members of such board is unable to nominate one or more persons to the chief judge of superior court of the county within the time specified in subsection (d) of this Code section for appointments, the chief judge of superior court of said county shall be authorized to make the appointment without any nominations from the members of the board of elections and registration. Any appointment made under the provisions of this paragraph shall also be entered upon the minutes of the superior court; and
TUESDAY, APRIL 2, 2002
2843
(4) In the event that the candidate for Governor who received the highest number or next highest number of votes for the office of Governor at the last election for that office was an independent candidate, the appointments that would otherwise have been made by the appropriate executive committee of a political party or body shall be made by the chief judge of superior court of the county. (c) No person who holds elective public office shall be eligible to serve as a member of any such board of elections during the term of such elective office and the position of any member of such board shall be deemed vacant upon such member qualifying as a candidate for elective public office. (d) Initial appointments to the board of elections and registration under this Code section shall be made by the respective appointing authorities no later than January 1 next following the end of the term of office of the judge of the probate court existing on July 1, 2002. In the event of a vacancy on such board with respect to a member appointed by one of the political parties or bodies as provided in subsection (b) of this Code section, such political party or body shall appoint a successor within 60 days after the date such vacancy is created, such successor to be appointed in like manner as the person whose position is vacant for his or her unexpired term. In the event such political party or body fails to make an initial appointment by January 1 next following the end of the term of office of the judge of the probate court existing on July 1, 2002, or within 60 days after a vacancy occurs, the position shall be filled by the chief judge of the superior court of the county. In the event of a vacancy on such board with respect to a member appointed as provided in paragraph (4) of subsection (b) of this Code section, the chief judge of the superior court of the county shall appoint a successor within 60 days after the date such vacancy is created, such successor to be appointed in like manner as the person whose position is vacant for his or her unexpired term. In the event of a vacancy on such board with respect to the member at large, the remaining members of such board shall submit the names of one or more nominees to fill the unexpired term, such nomination to be made within 60 days after the vacancy occurs. The chief judge of superior court of the county shall select and appoint the successor member at large from the nominee or nominees whose names are submitted by a majority of the remaining members of such board. In the event of the failure of such board to submit the names of such nominee or nominees within 60 days after the vacancy occurs, the chief judge of superior court of the county may fill the vacancy on his or her own motion. (e) Initial appointees under this Code section shall take office upon appointment and shall serve until December 31 of the fourth year following their appointment and until a successor is appointed and qualified. The successors of the initial appointees shall serve for four-year terms beginning on January 1 in odd-numbered years and shall continue in office for such terms and until their successors are chosen and qualified. Each member shall be eligible to succeed himself or herself and shall have the right to resign at any time by giving notice to the body which appointed him or her and to the chief judge of the superior court of the county, if such judge was not the appointing authority. Each member shall be subject to removal from the board at any time in the
2844
JOURNAL OF THE HOUSE
same manner and by the same authority provided for removal of registrars under the provisions of Code Section 21-2-212 as now or hereafter amended. Upon removal of a member as provided by law, a vacancy shall be deemed to exist and shall be filled for the unexpired term as provided in this Code section. Until the initial members of the board of elections and registration take office, the judge of probate court shall continue to perform the duties of county election superintendent under this chapter and the registrars shall continue to perform their duties under this chapter. (f) The board of elections and registration shall have the following powers and duties:
(1) It shall succeed to and exercise all of the duties granted to and incumbent upon the county election superintendent under the provisions of this title and any other provision of law with respect thereto; and (2) It shall succeed to and exercise all of the duties and powers granted to and incumbent on the chief registrar and the county registrars of the county under the provisions of this title and any other provision of law with respect to their duties and powers. (g) The board of elections and registration shall be authorized and empowered to organize itself, elect its officers, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. (h) On January 1 next following the end of the term of office of the judge of the probate court existing on July 1, 2002, the board of elections and registration shall organize and the county election superintendent and the chief registrar and county registrars shall be relieved of all powers and duties to which such board succeeds by virtue of the provisions of this Code section, and the county election superintendent and the registrars shall deliver to such board upon request of its chairperson custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties. (i) The board of elections and registration shall appoint a person whose title shall be elections supervisor who shall be the chief administrative officer of the board of elections and registration and who shall have such duties and functions as may be prescribed by such board. The elections supervisor may be a member of the board of elections and registration. (j) Compensation for members of the board of elections and registration, elections supervisor, clerical assistants, and other employees of such board shall be such as may be fixed from time to time by the governing authority of the county. (k) The governing authority of the county shall provide the board of elections and registration with such proper and suitable offices and with such clerical assistants and other employees as the governing authority shall deem appropriate. The elections supervisor and other employees functioning under his or her supervision shall be deemed to be employees of the county. (l) The General Assembly may provide by local law that the judge of the probate court of a county shall be the election superintendent of such county and that voter
TUESDAY, APRIL 2, 2002
2845
registration in such county shall be conducted by a board of registrars in accordance with Code Section 21-2-212."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Forster of the 3rd moves to amend the Committee substitute to SB 32 as follows:
On page 2 line 19 insert
"(3) The fifth member of the board of elections and registration shall be chosen by the county executive committee of the political party or body, or the state executive committee of the political party or body, which, at such election, nominated a candidate for Governor and such candidate received over 10% of votes cast among candidates for the office of Governor."
Delete "(3) The fifth member of the board of elections and registration" and insert "; or".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Allen Y Amerson N Anderson N Ashe N Bannister N Barnard N Barnes N Bell N 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
N Cox N Crawford N Cummings Y Davis E Day
Dean N Deloach, B N Deloach, G Y Dix N Dodson N Drenner N Dukes N Ehrhart N Epps N Everett N Floyd Y Forster Y Franklin N Gardner N Golick Y Grasse
N Hudgens N Hudson, N N Hudson, S N Hugley
Irvin N Jackson, B E Jackson, L N James N Jamieson N Jenkins N Jennings N Johnson N Jordan Y Joyce N Kaye N Keen N Knox N Lane E Lanier N Lewis Y Lord
Y Mueller Y Muntean Y O'Neal N Orrock N Parham N Parrish N Parsons N Pelote
Pinholster N Poag N Porter
Powell N Purcell
Ragas N Randall N Ray N Reece
Reed N Reichert Y Rice N Richardson
N Smith, B N Smith, C N Smith, C.W N Smith, L N Smith, P N Smith, T E Smith, V
Smyre N Snelling N Snow N Squires N Stallings N Stanley N Stanley-Turner Y Stephens N Stokes N Taylor N Teague
Teper E Tillman N Turnquest
2846
N Bunn E 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
Connell Y Cooper
JOURNAL OF THE HOUSE
Graves N Greene Y Hammontree N Hanner N Harbin N Harrell N Heard N Heckstall N Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard
Lucas N Lunsford N Maddox N Mangham N Manning Y Massey N McBee N McCall
McClinton McKinney N Millar N Mills N Mobley N Morris N Mosley
Y Roberts, D N Roberts, L N Rogers N Royal N Sailor Y Sanders Y Scheid N Scott N Seay N Shanahan N Shaw N Sholar
Sims N Sinkfield N Skipper
On the adoption of the amendment, the ayes were 28, nays 130. The amendment was lost.
Y Twiggs N Unterman N Walker, L Y Walker, R.L N Watson N West E Westmoreland N Wiles N Wilkinson N Willard N 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:
N Allen Y Amerson Y Anderson Y Ashe N Bannister N Barnard N Barnes Y Bell Y Benfield N Birdsong N Black Y Boggs Y Bordeaux Y Borders N Bridges Y Brooks N Broome N Brown Y Buck Y Buckner
N Cox Y Crawford Y Cummings N Davis E Day
Dean Y Deloach, B Y Deloach, G N Dix N Dodson Y Drenner
Dukes Y Ehrhart Y Epps N Everett N Floyd Y Forster N Franklin Y Gardner N Golick
N Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin Y Jackson, B E Jackson, L Y James N Jamieson N Jenkins Y Jennings Y Johnson Y Jordan N Joyce N Kaye N Keen Y Knox N Lane E Lanier N Lewis
N Mueller Y Muntean Y O'Neal Y Orrock N Parham N Parrish N Parsons Y Pelote Y Pinholster N Poag N Porter N Powell N Purcell
Ragas Y Randall Y Ray N Reece
Reed Y Reichert N Rice
Y Smith, B N Smith, C Y Smith, C.W Y Smith, L Y Smith, P N Smith, T E Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner
Stephens N Stokes Y Taylor Y Teague
Teper E Tillman
N Bulloch N Bunn E Burkhalter Y Burmeister N Byrd N Callaway Y Campbell N Cash N Channell Y Childers N Coan N Coleman, B N Coleman, T N Collins
Connell Y Cooper
TUESDAY, APRIL 2, 2002
N Grasse Graves
N Greene N Hammontree N Hanner N Harbin
Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines N Holland Y Holmes Y Houston Y Howard
N Lord Lucas
N Lunsford Y Maddox Y Mangham Y Manning N Massey Y McBee N McCall Y McClinton
McKinney Y Millar N Mills Y Mobley N Morris N Mosley
N Richardson Y Roberts, D Y Roberts, L Y Rogers N Royal Y Sailor N Sanders N Scheid Y Scott Y Seay Y Shanahan N Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
2847
Y Turnquest N Twiggs N Unterman Y Walker, L N Walker, R.L Y Watson Y West E 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 88, nays 71. The Bill, having failed to receive the requisite constitutional majority, was lost.
Representative DeLoach of the 172nd moved that the House reconsider its action in failing to give the requisite constitutional majority to SB 32.
On the motion, the roll call was ordered and the vote was as follows:
N Allen Y Amerson Y Anderson Y Ashe N Bannister N Barnard N Barnes N Bell Y Benfield N Birdsong N Black Y Boggs Y Bordeaux Y Borders N Bridges Y Brooks N Broome N Brown Y Buck Y Buckner N Bulloch N Bunn E Burkhalter Y Burmeister N Byrd N Callaway
N Cox Y Crawford Y Cummings N Davis E Day
Dean Y Deloach, B Y Deloach, G N Dix N Dodson Y Drenner
Dukes Y Ehrhart Y Epps N Everett N Floyd Y Forster N Franklin N Gardner N Golick N Grasse
Graves N Greene N Hammontree N Hanner N Harbin
N Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin N Jackson, B E Jackson, L Y James N Jamieson N Jenkins N Jennings Y Johnson Y Jordan N Joyce N Kaye N Keen N Knox N Lane E Lanier N Lewis N Lord
Lucas N Lunsford Y Maddox Y Mangham N Manning
N Mueller Y Muntean Y O'Neal Y Orrock N Parham N Parrish N Parsons Y Pelote Y Pinholster N Poag N Porter N Powell N Purcell
Ragas Y Randall Y Ray N Reece Y Reed Y Reichert N Rice N Richardson Y Roberts, D Y Roberts, L Y Rogers N Royal Y Sailor
Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P N Smith, T E Smith, V Y Smyre N Snelling Y Snow N Squires Y Stallings Y Stanley Y Stanley-Turner N Stephens N Stokes Y Taylor Y Teague Y Teper E Tillman Y Turnquest N Twiggs N Unterman Y Walker, L Y Walker, R.L Y Watson
2848
Y Campbell N Cash N Channell Y Childers N Coan N Coleman, B N Coleman, T N Collins
Connell Y Cooper
JOURNAL OF THE HOUSE
Y Harrell Y Heard Y Heckstall N Hembree Y Henson Y Hines N Holland Y Holmes Y Houston Y Howard
N Massey Y McBee N McCall Y McClinton
McKinney Y Millar N Mills Y Mobley N Morris N Mosley
N Sanders Y Scheid N Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper
On the motion, the ayes were 85, nays 79. The motion prevailed.
Y West E Westmoreland Y Wiles Y Wilkinson Y Willard N Williams, J N Williams, R Y Wix N Yates Y Murphy, Speaker
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.
The following amendment was read and adopted:
Representatives Jennings of the 63rd and Teper of the 61st move to amend SB 405 by striking "640,000" and inserting in its place "625,000" on line 7 of page 2.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Y Cox Y Crawford Y Cummings Y Davis E Day Y 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
Y Smith, B Y 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 Y Bunn E Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper
TUESDAY, APRIL 2, 2002
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
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
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 E 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
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 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
2849
E 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 E Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson
West E 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 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The Speaker assumed the chair.
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
2850
JOURNAL OF THE HOUSE
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.
The following Committee substitute was read:
A BILL
To regulate fire departments, extinguishers, and suppression systems; to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to change certain provisions relating to general requirements for local fire departments, equipment and clothing, personnel, and insurance; to change the powers and authority of the Commissioner with regard to licensees or permittees who violate provisions of law governing fire extinguishers and suppression systems and related 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 certain provisions; to authorize the Commissioner to place licensees or permittees on probation under such reasonable terms and conditions as the Commissioner may determine and to revoke such probation for a violation of such terms and conditions; 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 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by striking subparagraph (a)(1)(A) of Code Section 25-3-23, relating to general requirements for local fire departments, equipment and clothing, personnel, and insurance, and inserting in lieu thereof the following:
"(A) Be established in accordance with the provisions of National Fire Protection Association Standard 1201 to provide fire and other emergency and nonemergency services in accordance with standards specified solely by the Georgia Firefighter Standards and Training Council and the applicable local government;"
SECTION 2. Said title is further amended by striking Code Section 25-12-17, relating to violation of provisions governing fire extinguishers and suppression systems by licensee or permittee, in its entirety and inserting in lieu thereof a new Code Section 25-12-17 to read as follows:
TUESDAY, APRIL 2, 2002
2851
"25-12-17. (a) The violation of any provision of this chapter or any rule or regulation adopted and promulgated pursuant to this chapter or the failure or refusal to comply with any notice or order to correct a violation or any cease and desist order by any person who possesses a license or permit issued pursuant to this chapter or who is required to have a license or permit issued pursuant to this chapter is cause for denial, nonrenewal, revocation or suspension of such license or permit by the Commissioner after a determination that such person is guilty of such violations. An order of suspension shall state the period of time of such suspension, which period may not be in excess of one year two years from the date of such order. An order of revocation shall state the period of time of such revocation, which period may not be in excess of two five years from the date of such order. Such order shall effect suspension or revocation of the license or permit all licenses and permits then held by the person, and during such period of time no license or permit shall be issued to such person. During the suspension or revocation of any license or permit, the licensee or permittee whose license or permit has been suspended or revoked shall not engage in or attempt or profess to engage in any transaction or business for which a license or permit is required under this chapter or directly or indirectly own, control, or be employed in any manner by any firm, business, or corporation for which a license or permit under this chapter is required. If, during the period between the beginning of proceedings and the entry of an order of suspension or revocation by the Commissioner, a new license or permit has been issued to the person so charged, the order of suspension or revocation shall operate effectively with respect to to suspend or revoke, as the case may be, such new license or permit held by such person. (b) The department shall not, so long as the revocation or suspension remains in effect, issue any new license or permit for the establishment of any new firm, business, or corporation of any person or applicant that has or will have the same or similar management, ownership, control, employees, permittees, or licensees, or will use the same or a similar name as the revoked or suspended firm, business, corporation, person, or applicant. (c) The Commissioner may deny, nonrenew, suspend, or revoke the license or permit of:
(1) Any person, firm, business, or corporation whose license has been suspended or revoked under this chapter; (2) Any firm, business, or corporation if any officer, director, stockholder, owner, or person who has a direct or indirect interest in the firm, business, or corporation has had his or her license or permit suspended under this chapter; and (3) Any person who is or has been an officer, director, stockholder, or owner of a firm, business, or corporation or who has or had a direct or indirect interest in a firm, business, or corporation whose license or permit has been suspended or revoked under this chapter.
2852
JOURNAL OF THE HOUSE
(d) In addition to the grounds set forth in this Code section, it is cause for denial, nonrenewal, revocation, or suspension of a license or permit by the Commissioner if he or she determines that the licensee or permittee has:
(1) Rendered inoperative a portable fire extinguisher or preengineered or engineered fire suppression system covered by this chapter, except during such time as the extinguisher or preengineered or engineered system is being inspected, recharged, hydrotested, repaired, altered, added to, maintained, serviced, or tested or except pursuant to court order; (2) Falsified any record required to be maintained by this chapter or rules or regulations adopted pursuant to this chapter or current fire codes enforced by the Commissioner; (3) Improperly installed, recharged, hydrotested, repaired, serviced, modified, altered, inspected, or tested a portable fire extinguisher or preengineered or engineered fire suppression system; (4) While holding a permit or license, allowed another person to use the permit or license or permit number or license number or used a license or permit or license number or permit number other than his or her own valid license or permit or license number or permit number; (5) Failed to provide proof of or failed to maintain the minimum comprehensive liability insurance coverage as set forth in paragraph (3) of Code Section 25-12-11; (6) Failed to obtain, retain, or maintain one or more of the qualifications for a license or permit required by this chapter; (7) Used credentials, methods, means, or practices to impersonate a representative of the Commissioner or the state fire marshal or any local fire chief, fire marshal, or other fire authority having jurisdiction; (8) Installed, recharged, hydrotested, repaired, serviced, modified, altered, inspected, maintained, added to, or tested a portable fire extinguisher or preengineered or engineered fire suppression system without a current, valid license or permit when such license or permit is required by this chapter; (9) Made a material misstatement, misrepresentation, or committed a fraud in obtaining or attempting to obtain a license or permit; or (10) Failed to notify the Commissioner, in writing, within 30 days after a change of residence, principal business address, or name. (e) In addition, the Commissioner shall not issue a new license or permit if the Commissioner finds that the circumstance or circumstances for which the license or permit was previously suspended or revoked still exist or are likely to reoccur."
SECTION 3. Said title is further amended by striking Code Section 25-12-18, relating to additional grounds for revocation of license or permit, in its entirety and inserting in lieu thereof a new Code Section 25-12-18 to read as follows:
"25-12-18.
TUESDAY, APRIL 2, 2002
2853
In addition to the grounds set forth in Code Section 25-12-17, it is cause for revocation or suspension of a license or permit by the Commissioner if he determines that the licensee or permittee has:
(1) Rendered inoperative a fire suppression system or portable fire extinguisher covered by this chapter, except during a reasonable time the system or extinguisher is being inspected, recharged, repaired, serviced, or tested; (2) Falsified any record required to be maintained by this chapter or rules or regulations adopted pursuant to this chapter; (3) Improperly installed, recharged, repaired, serviced, or tested a fire suppression system or portable fire extinguisher; (4) While holding a permit or license, allowed another person to use the permit or license or permit number or license number or used a license or permit or license number or permit number other than his own valid license or permit or license number or permit number; (5) Used credentials, methods, means, or practices to impersonate a representative of the Commissioner or the state fire marshal or any local fire chief, fire marshal, or other fire authority having jurisdiction; or (6) Failed to maintain the minimum comprehensive liability insurance coverage as set forth in paragraph (3) of Code Section 25-12-11 (a) Whenever the Commissioner shall have reason to believe that any individual is or has been violating any provisions of this chapter, the Commissioner, his or her deputy, his or her assistant, or other designated persons may issue and deliver to the individual an order to cease and desist such violation. (b) Violation of any provision of this chapter or failure to comply with a cease and desist order is cause for revocation of any or all certificates and licenses issued by the Commissioner for a period of not less than six months and not to exceed five years. If a new certificate or license has been issued to the person so charged, the order of revocation shall operate effectively with respect to such new certificates and licenses held by such person. Decisions under this subsection may be appealed as provided by law. (c) Any person who violates this chapter or any rule, regulation, or order issued by the Commissioner under this chapter shall be subject to a civil penalty imposed by the Commissioner of not more than $1,000.00 for a first offense, not less than $1,000.00 and not more than $2,000.00 for a second offense, and not less than $2,000.00 or more than $5,000.00 for a third or subsequent offense for each day a violation persists after such person is notified of the Commissioners intent to impose such penalty and the right to a hearing with respect to same. (d) Any order shall contain or be accompanied by a notice of opportunity for hearing which may provide that a hearing will be held if and only if a person subject to the order requests a hearing within ten days of receipt of the order and notice. The order and notice shall be served by delivery by the Commissioner or his or her agent or by registered or certified mail or statutory overnight delivery, return receipt requested. Any
2854
JOURNAL OF THE HOUSE
person who fails to comply with any order under this subsection is guilty of a misdemeanor and may be punished by law."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Coleman of the 142nd moves to amend the Committee substitute to SB 358 as follows:
By striking Section 1 and renumbering accordingly.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y 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 Cox Y Crawford Y Cummings Y Davis E Day
Dean Y Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster
Franklin Y Gardner Y Golick Y Grasse Y Graves
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin Y Jackson, B E Jackson, L Y James Y Jamieson Y Jenkins
Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane E Lanier Y Lewis Y Lord
Lucas
Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham 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 Smith, B Y Smith, C Y Smith, C.W
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 Y Teague Y Teper E Tillman Y Turnquest Y Twiggs
E Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Cooper
TUESDAY, APRIL 2, 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 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 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
2855
Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West E 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 155, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 1535. By Representative Stephens of the 150th:
A RESOLUTION commending Laura L. Moreland, Miss Savannah 2002, 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 1540. By Representative James of the 140th:
A RESOLUTION commending the Taylor County High School boys basketball team and inviting the team and the coaches to appear before the House of Representatives; and for other purposes.
2856
JOURNAL OF THE HOUSE
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 532 Do Pass
Respectfully submitted, /s/ Parrish of the 144th
Chairman
Representative Birdsong of the 123rd District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Defense and Veterans Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 460 Do Pass, by Substitute
Respectfully submitted, /s/ Birdsong of the 123rd
Chairman
The Speaker announced the House in recess until 1:30 o'clock this afternoon.
TUESDAY, APRIL 2, 2002 AFTERNOON SESSION
2857
The Speaker called the House to order.
The following Resolutions of the House were read:
HR 1543. By Representative Anderson of the 116th:
A RESOLUTION honoring Reverend S.T. Thompkins; and for other purposes.
HR 1544. By Representative Mangham of the 75th:
A RESOLUTION recognizing and commending Ashley Thomas; and for other purposes.
HR 1545. By Representative Mangham of the 75th:
A RESOLUTION recognizing and commending the Stephenson High School Girls Varsity Basketball Team; and for other purposes.
HR 1546. By Representative Mangham of the 75th:
A RESOLUTION recognizing and commending Coach Dennis C. Watkins, Jr.; and for other purposes.
HR 1547. By Representative Mangham of the 75th:
A RESOLUTION commending the Stephenson High School Girls Junior Varsity 2001-2002 Basketball Team; and for other purposes.
HR 1548. By Representative Mangham of the 75th: A RESOLUTION recognizing Senior Connections; and for other purposes.
2858
JOURNAL OF THE HOUSE
HR 1549. By Representatives Twiggs of the 8th, Murphy of the 18th and Coleman of the 142nd: A RESOLUTION honoring the memory of Mr. Earl George Odom and expressing regret at his passing; and for other purposes.
HR 1550. By Representatives Snow of the 2nd, Murphy of the 18th and Coleman of the 142nd: A RESOLUTION commending Fire Chief Scotty McClure; and for other purposes.
HR 1551. By Representatives Snow of the 2nd, Murphy of the 18th and Coleman of the 142nd: A RESOLUTION commending Director of Emergency Services David Ashburn; and for other purposes.
HR 1552. By Representative Cummings of the 27th: A RESOLUTION commending Ethan James; and for other purposes.
HR 1553. By Representatives Snow of the 2nd, Murphy of the 18th and Coleman of the 142nd: A RESOLUTION commending Sheriff Steve Wilson; and for other purposes.
HR 1554. By Representatives Snow of the 2nd, Murphy of the 18th and Coleman of the 142nd: A RESOLUTION commending District Attorney "Buzz" Franklin; and for other purposes.
HR 1555. By Representatives Snow of the 2nd, Murphy of the 18th and Coleman of the 142nd:
TUESDAY, APRIL 2, 2002
2859
A RESOLUTION commending Coroner Dewayne Wilson; and for other purposes.
HR 1556. By Representative Ray of the 128th:
A RESOLUTION commending Thomas R. (Tommy) Hunnicutt; and for other purposes.
HR 1557. By Representative Ray of the 128th: A RESOLUTION commending J.C. Hill; and for other purposes.
HR 1558. By Representative Amerson of the 7th:
A RESOLUTION commending Dr. Mark Stallings upon being chosen Georgia Teacher of the Year; and for other purposes.
HR 1559. By Representative Pelote of the 149th:
A RESOLUTION commending Reverend Clarence Williams, Jr.; and for other purposes.
HR 1560. By Representative Parham of the 122nd:
A RESOLUTION congratulating and commending Mr. Buren Baldwin; and for other purposes.
HR 1561. By Representatives Reece of the 11th and Snow of the 2nd: A RESOLUTION commending Anthony Goss; and for other purposes.
HR 1562. By Representatives Reece of the 11th and Snow of the 2nd: A RESOLUTION commending Casey Hollis; and for other purposes.
2860
JOURNAL OF THE HOUSE
HR 1563. By Representatives Reece of the 11th, Smith of the 12th and Childers of the 13th:
A RESOLUTION commending Jason Swinford; and for other purposes.
HR 1564. By Representatives Reece of the 11th, Murphy of the 18th, Childers of the 13th, Smith of the 12th and Snow of the 2nd:
A RESOLUTION commending Brian L. Ely; and for other purposes.
HR 1565. By Representatives Reece of the 11th, Jamieson of the 22nd, Smith of the 12th and Childers of the 13th:
A RESOLUTION recognizing and commending William Matthew Johnson; and for other purposes.
HR 1566. By Representatives Reece of the 11th, Jamieson of the 22nd, Smith of the 12th and Childers of the 13th:
A RESOLUTION recognizing and commending the Trion High School Debate Team; and for other purposes.
HR 1567. By Representatives Reece of the 11th, Jamieson of the 22nd, Smith of the 12th and Childers of the 13th:
A RESOLUTION recognizing and commending Savannah Sunshine Smith; and for other purposes.
HR 1568. By Representative Sholar of the 179th:
A RESOLUTION recognizing and commending Alice Coachman; and for other purposes.
HR 1569. By Representatives Purcell of the 147th, Murphy of the 18th, Smyre of the 136th, Skipper of the 137th, Walker of the 141st and others:
TUESDAY, APRIL 2, 2002
2861
A RESOLUTION commending Honorable Dorothy Pelote; and for other purposes.
HR 1570. By Representative Cox of the 105th:
A RESOLUTION commending and congratulating Lucy Best Wicker; and for other purposes.
HR 1571. By Representative Cox of the 105th:
A RESOLUTION expressing regret at the passing of Dave Hamrick; and for other purposes.
HR 1572. By Representatives Mosley of the 171st and Smith of the 169th:
A RESOLUTION recognizing and commending Kelsey Rosbach; and for other purposes.
HR 1573. By Representative Smith of the 91st:
A RESOLUTION recognizing and commending Bishop Douglas C. Hammond of New Life Apostolic Church; and for other purposes.
HR 1574. By Representatives Rogers of the 20th, Mills of the 21st, Smith of the 19th, Knox of the 28th and Bell of the 25th:
A RESOLUTION commending Erwin Topper; and for other purposes.
HR 1575. By Representative Amerson of the 7th: A RESOLUTION commending Holly Theatre Community Center, Inc.; and for other purposes.
HR 1576. By Representative Amerson of the 7th: A RESOLUTION commending the Lumpkin County Historical Society, Inc.; and for other purposes.
2862
JOURNAL OF THE HOUSE
HR 1577. By Representatives Scheid of the 17th, Cooper of the 31st, Pinholster of the 15th and Grasse of the 16th: A RESOLUTION commending Don Keenum and the late Dr. A. Evan Boddy; and for other purposes.
HR 1578. By Representative James of the 140th: A RESOLUTION commending the Taylor County High School boys basketball team; and for other purposes.
HR 1579. By Representative Powell of the 23rd: A RESOLUTION commending the mayor, council, municipal staff, and citizens of Lavonia, Georgia; and for other purposes.
HR 1580. By Representative Powell of the 23rd: A RESOLUTION expressing regret at the passing of James William Morrison; and for other purposes.
HR 1581. By Representative Powell of the 23rd: A RESOLUTION honoring Carl and Jene Davis; and for other purposes.
HR 1582. By Representative Mills of the 21st: A RESOLUTION commending Rev. James Carroll Phillips; and for other purposes.
HR 1583. By Representatives Coan of the 82nd, Dix of the 76th, Coleman of the 80th, Williams of the 83rd and Bannister of the 77th: A RESOLUTION commending the Collins Hill High School girls basketball team; and for other purposes.
TUESDAY, APRIL 2, 2002
2863
HR 1584. By Representatives Birdsong of the 123rd, Bunn of the 74th, Roberts of the 162nd, Heckstall of the 55th, Hembree of the 98th and others: A RESOLUTION expressing regret at the passing of W.D. "Cuz" Harrell; and for other purposes.
HR 1585. By Representatives Franklin of the 39th, Wiles of the 34th, Ehrhart of the 36th, Hines of the 38th, Wix of the 33rd and others: A RESOLUTION commending Marc Thomas Stout; and for other purposes.
HR 1586. By Representatives Brooks of the 54th, Seay of the 93rd, Orrock of the 56th, Roberts of the 162nd, Teague of the 58th and others: A RESOLUTION expressing sorrow at the passing of Leonard "Tippy" Calloway; and for other purposes.
HR 1587. By Representatives Graves of the 125th, Walker of the 141st, Parrish of the 144th, Parham of the 122nd, Sims of the 167th and others: A RESOLUTION expressing regrets at the passing of Mollie Eileen Newton; and for other purposes.
HR 1588. By Representatives Brooks of the 54th, Dukes of the 161st, Orrock of the 56th, Roberts of the 162nd, Teague of the 58th and others: A RESOLUTION expressing sorrow upon the passing of Dr. Lillian Patricia Johnson; and for other purposes.
HR 1589. By Representative Hembree of the 98th: A RESOLUTION commending Walton Goggins; and for other purposes.
2864
JOURNAL OF THE HOUSE
HR 1590. By Representative Hembree of the 98th:
A RESOLUTION commending Reverend Steven Doyle Wood; and for other purposes.
HR 1591. By Representative Keen of the 174th:
A RESOLUTION commending the Glynn County Public Schools Golden Rule Award Winners 2001-2002; 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 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
Bunn E Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B
Coleman, T Y Collins Y Connell Y Cooper
Y Cox Y Crawford Y Cummings Y Davis 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
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
Holmes Y Houston
Howard
Y Hudgens Y Hudson, N Y Hudson, S
Hugley Irvin Y Jackson, B Jackson, L Y James Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Joyce Y Kaye Y Keen Y Knox Lane E Lanier Y Lewis Y Lord Y Lucas Lunsford Maddox Y Mangham Y Manning Y Massey Y McBee McCall McClinton McKinney Y Millar Y Mills Mobley Y Morris Y Mosley
Y Mueller Y Muntean Y O'Neal Y Orrock
Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Porter Y Powell Y Purcell
Ragas Randall Y Ray Reece Reed Y Reichert Y Rice Y Richardson Y Roberts, D Roberts, L Y Rogers Y Royal Sailor Y Sanders Y Scheid Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
Y Smith, B Smith, C Smith, C.W
E Smith, L Y Smith, P Y Smith, T E Smith, V
Smyre Y Snelling
Snow Y Squires Y Stallings
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 Y Watson Y West E Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R
Wix Y Yates
Murphy, Speaker
TUESDAY, APRIL 2, 2002
2865
On the adoption of the Resolutions, the ayes were 130, nays 0.
The Resolutions were adopted.
Representatives Lane of the 146th and Scott of the 165th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
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 1835. By Representatives Lunsford of the 109th, Cash of the 108th and Sanders of the 107th:
A BILL to amend an Act creating the State Court of Henry County, so as to provide that the solicitor-general of said court shall be a full-time position; to change certain provisions regarding the compensation of the solicitorgeneral; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1836. By Representatives Snow of the 2nd and Joyce of the 1st:
A BILL to provide a homestead exemption from Walker County ad valorem taxes for county purposes for the full value of the homestead for certain residents of that county who have annual incomes not exceeding $20,000.00 and who are 70 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to repeal an Act providing a homestead exemption from Walker County ad valorem taxes for county purposes; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
2866
JOURNAL OF THE HOUSE
HB 1837. By Representatives Mangham of the 75th, Drenner of the 66th, Sailor of the 71st, Watson of the 70th, Teper of the 61st 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 add a judge to said court; to provide for the appointment, election, and term of office of the additional judge and successors to the judge; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1838. By Representatives Snow of the 2nd and Joyce of the 1st:
A BILL to provide a homestead exemption from Walker County School District ad valorem taxes for educational purposes for the full value of the homestead for certain residents of that school district who have annual incomes not exceeding $20,000.00 and who are 75 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to repeal an Act providing a homestead exemption from Walker County School District ad vlorem taxes for educational purposes; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1839. By Representative Byrd of the 170th:
A BILL to amend an Act providing for the election of members ot the Board of Education of Jeff Davis 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 1840. By Representative Byrd of the 170th:
A BILL to amend an Act creating the Board of Commissioners of Jeff Davis County, so as to change the description of the commissioner districts; and for other purposes.
TUESDAY, APRIL 2, 2002
2867
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1841. By Representative Channell of the 111th:
A BILL to provide a homestead exemption from Greene County school district ad valorem taxes for educational purposes in the amount of $8,000.00 of the assessed vlaue 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.
Representative Childers of the 13th District, Chairman of the Committee on Health and Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health and Ecology has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 442 Do Pass, by Substitute SB 472 Do Pass
Respectfully submitted, /s/ Childers of the 13th
Chairman
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 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
2868
JOURNAL OF THE HOUSE
creel and possession limits for flounder, whiting, spot, and Atlantic croaker; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL
To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide that certain violations shall constitute misdemeanors of a high and aggravated nature; to provide for penalties; to change the date of rules upon which criminal violations may be based; 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.
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 27-1-38, relating to the penalty for violations of such title, and inserting in lieu thereof the following:.
"27-1-38. Unless otherwise specifically provided, any person who violates any of the provisions of this title shall be guilty of a misdemeanor; provided, however, that unless otherwise specifically provided, any person who violates any of the provisions of this title or any rule or regulation promulgated pursuant thereto relating to the possession or use of fishing gear on trawlers shall be a misdemeanor of a high and aggravated nature and shall be fined $1,000.00 for the first offense, $3,000.00 for the second offense, and $5,000.00 for the third and each subsequent offense."
SECTION 2. Said title is further amended by striking in its entirety Code Section 27-1-39, relating to rules and regulations used to establish criminal violations, and inserting in lieu thereof the following:
"27-1-39. Notwithstanding any other law to the contrary, for purposes of establishing criminal violations of the rules and regulations promulgated by the Board of Natural Resources as provided in this title, the terms 'rules' and 'regulations' shall mean those rules and regulations of the Board of Natural Resources in force and effect on July 1, 2001 2002."
SECTION 3. Said title is further amended by striking in its entirety subsection (c) of Code Section 27-
TUESDAY, APRIL 2, 2002
2869
4-130.1, relating to open seasons, creel and possession limits, and minimum size limits for certain finish species, and inserting in lieu thereof the following:
"(c) It shall be unlawful to take the following salt-water finish species at any time except during the open seasons so established for such species or to take or possess the following salt-water finish species except in accordance with the creel and possession limits and minimum sizes so established for such species; provided, however, that trawlers fishing for shrimp for human consumption pursuant to Code Section 27-4-133 shall be exempt from the creel and possession limits for whiting, spot, and Atlantic croaker:
Species
Maximum Open Season
(1) Spotted seatrout sea trout (2) Weakfish (3) Black drum (4) Flounder (Paralichthys spp.) (5) Whiting (Menticirrhus spp.) (6) Spot (7) Atlantic croaker (8) Tripletail
All year All year All year All year
All year
All year All year All year
Maximum Daily Creel
And Possession
Limit 15 6 15 15
35
25 25 5
Range of Minimum
Sizes
13 inches 13 inches 10 inches 12 inches
10 inches
8 inches 8 inches 18 inches"
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Mosley of the 171st et al. move to amend the Committee substitute to SB 347 by inserting on line 5 of page 1, following the word and symbol "croaker;" the following:
2870
JOURNAL OF THE HOUSE
"to provide that hook and line anglers shall be exempt from the creel and possession limits for whiting;"
By inserting between the word "croaker" and the symbol ":" at the end of line 14 of page 2 the following:
"and provided, further, that hook and line anglers shall be exempt from the creel and possession limits for whiting"
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Allen N 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
Buckner Y Bulloch Y Bunn E Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
Y Cox Y Crawford Y Cummings N Davis E Day Y Dean Y Deloach, B N Deloach, G N Dix Y Dodson Y Drenner Y Dukes Y Ehrhart
Epps Y Everett Y Floyd
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 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 N Jamieson Y Jenkins Y Jennings Y Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane E Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee N McCall Y 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 Y Poag N 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 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 N Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T E 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 E Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West E Westmoreland Y Wiles Y Wilkinson N Willard N Williams, J N Williams, R Y Wix N Yates
Murphy, Speaker
TUESDAY, APRIL 2, 2002
2871
On the adoption of the amendment, the ayes were 143, nays 16. 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:
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
Buckner Y Bulloch Y Bunn E Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
Y Cox 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
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
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 E 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
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 E 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 E Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West E Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
2872
JOURNAL OF THE HOUSE
On the passage of the Bill, by substitute, as amended, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
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.
The report of the Committee, which was favorable to the 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
Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner N Bulloch Y Bunn E Burkhalter Y Burmeister Y Byrd
N Cox Y Crawford Y Cummings Y Davis E Day Y Dean Y Deloach, B N Deloach, G N Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin
Gardner Y Golick N Grasse Y Graves Y Greene N Hammontree Y Hanner
N 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 E Lanier Y Lewis Y Lord Y Lucas N Lunsford N Maddox Y Mangham
Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster N Poag Y Porter Y Powell Y Purcell N Ragas Y Randall Y Ray N Reece Y Reed Y Reichert N Rice Y Richardson
Roberts, D Y Roberts, L Y Rogers Y Royal
N Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T E 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 E Tillman
Turnquest N Twiggs N Unterman Y Walker, L N Walker, R.L
Y Callaway Y Campbell Y Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
TUESDAY, APRIL 2, 2002
Y Harbin Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes N Houston
Howard
Y Manning N Massey Y McBee
McCall Y McClinton
McKinney Y Millar N Mills
Mobley Y Morris Y Mosley
Y Sailor N Sanders Y Scheid N Scott Y Seay Y Shanahan
Shaw Sholar Y Sims Y Sinkfield Y Skipper
2873
Y Watson Y West E 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 132, nays 25. The Bill, having received the requisite constitutional majority, was passed.
Representative Unterman of the 84th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.
Representative Sholar of the 179th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendment thereto:
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 Senate substitute was read:
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
2874
JOURNAL OF THE HOUSE
System may provide a survivors benefit for members, retired members, and former members; to define certain terms; 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. Whenever reference is made in this Code section to members of this retirement system, such reference shall include active superior court judges subject to Chapter 8 of this title. (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 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
TUESDAY, APRIL 2, 2002
2875
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 those members with at least 18 years of creditable service at the time of withdrawal
2876
JOURNAL OF THE HOUSE
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.
Representative Cummings of the 27th moved that the House agree to the Senate substitute to HB 557.
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
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 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 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 E Lanier Y Lewis Y Lord Y Lucas Y Lunsford
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
Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T E 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 E Tillman
Turnquest Y Twiggs Y Unterman
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, APRIL 2, 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
Y Maddox Y Mangham Y Manning E Massey Y McBee Y McCall Y McClinton
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 Y Sims Y Sinkfield Y Skipper
On the motion, the ayes were 163, nays 0. The motion prevailed.
2877
Y Walker, L Y Walker, R.L Y Watson Y West E Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
Representative Smith of the 91st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 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 following Senate substitute was read:
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; to change
2878
JOURNAL OF THE HOUSE
certain provisions regarding the creation, membership, powers, and authority of the OneGeorgia Authority; to provide for additional powers; to change certain provisions regarding specific powers of such authority; to provide for the transfer of personnel positions and establish employment status with respect to the Department of Community Affairs; 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 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking subsection (b) of Code Section 50-8-3, relating to the duties of the department, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The department shall serve as the principal department in the executive branch of state government for local government affairs. The department shall perform the states role in local government affairs by carrying out the states duties, responsibilities, and functions in local government affairs and by exercising its power and authority in local government affairs. Without limiting the generality of the purposes served by the department, the department shall:
(1) Develop, promote, sustain, and assist local governments; (2) Provide a liaison between local governments and other governments, including the state government and the federal government; (3) Act as the states principal department for local government affairs and local government services generally and for programs, functions, and studies in local government affairs and local government services and act as the coordinator on the state government level for such programs, studies, and functions provided by the department and for those provided by others; (4) Act as the states principal department for developing, promoting, maintaining, and encouraging coordinated and comprehensive planning; (5) Develop, promote, sustain, and assist local governments in the performance of their duties and responsibilities under law to their citizens, including among such duties and responsibilities of local governments coordinated and comprehensive planning; the provision of infrastructure and other public works and improvements; the development, promotion, and retention of trade, commerce, industry, and employment opportunities; the provision of transportation systems; and the promotion of housing supply; (6) Serve as the representative of the Governor to local governments and in local government affairs on a regular basis and on special assignments as authorized by the Governor; (7) Assist the Georgia Housing and Finance Authority for any purpose necessary or incidental in the administration and performance of the Georgia Housing and Finance Authoritys duties, powers, responsibilities, and functions as provided in Chapter 26 of this title; and
TUESDAY, APRIL 2, 2002
2879
(8) Assist the Georgia Music Hall of Fame Authority for any purpose necessary or incidental in the administration and performance of the Georgia Music Hall of Fame Authoritys duties, powers, responsibilities, and functions as provided in Part 10 of Article 7 of Chapter 3 of Title 12; and (9) Assist the OneGeorgia Authority for any purpose necessary or incidental in the administration and performance of the OneGeorgia Authoritys duties, powers, responsibilities, and functions as provided in Chapter 34 of this title."
SECTION 2. Said title is further amended by adding a new subsection at the end of Code Section 50-89, relating to contracts with public and private entities or individuals, to be designated subsection (e), to read as follows:
"(e) The department shall have the power to enter into contracts with the OneGeorgia Authority for any purpose necessary or incidental in assisting the OneGeorgia Authority in carrying out or performing its duties, responsibilities, and functions; provided, however, that all such assistance shall be performed on behalf of and pursuant to the lawful purposes of the OneGeorgia Authority and not on behalf of the department; and provided, further, that such assistance shall not include the authorization of the issuance of any bonds or other indebtedness of the authority. The department may undertake joint or complementary programs with the OneGeorgia Authority, including the provision for joint or complementary services, within the scope of their respective powers."
SECTION 3. Said title is further amended by striking Code Section 50-34-3, relating to the creation, membership, power, and authority of the OneGeorgia Authority, and inserting in lieu thereof the following:
"50-34-3. (a) There is created a body corporate and politic to be known as the OneGeorgia Authority which shall be deemed to be an instrumentality of the state, and not a state agency, and a public corporation performing an essential governmental function. (b) The authority is assigned to the Department of Industry, Trade, and Tourism for administrative purposes only. (c)(b) The authority shall consist of the Governor, who shall serve as chair of the authority; the Lieutenant Governor, who shall serve as vice chair of the authority; the director of the Office of Planning and Budget, who shall serve as secretary of the authority; the commissioner of community affairs; the commissioner of industry, trade, and tourism; and the commissioner of revenue. (d)(c) Except for the authorization of the issuance of bonds, the authority may delegate to the executive director such powers and duties as it may deem proper. (e)(d) The Governor shall appoint an executive director of the authority whose compensation shall be fixed by the authority. The executive director shall appoint such directors, deputies, and assistants and hire such staff as may be necessary to manage the
2880
JOURNAL OF THE HOUSE
operations of the authority and may fix their compensation. The executive director may organize the authority into such divisions, sections, or offices as may be deemed necessary or convenient. (f)(e) No part of the funds of the authority shall inure to the benefit of or be distributed to its members or officers or other private persons, except that the authority shall be authorized and empowered to pay reasonable compensation for services rendered and to reimburse expenses incurred. In addition, the authority shall be authorized and empowered to make loans and grants, allocate credits, provide financial assistance, and otherwise exercise its other powers in furtherance of its corporate purposes. No such loans or grants or financial assistance shall be made to, no credits shall be allocated to, and no property shall be purchased or leased from or sold, leased, or otherwise disposed of to any member or officer of the authority in his or her individual capacity or by virtue of partnership or ownership of a for profit corporation. This subsection does not preclude loans or grants to, financial assistance or allocation of credit to, or purchase or lease from or sale, lease, or disposal of property to any subsidiary corporation of the authority. (g)(h) The Attorney General shall provide legal services for the authority, and, in connection therewith, Code Sections 45-15-13 through 45-15-16 shall be fully applicable."
SECTION 4. Said title is further amended by striking Code Section 50-34-6, relating to the specific powers of the OneGeorgia Authority, and inserting in lieu thereof the following:
"50-34-6. (a) The authority shall have any and all powers necessary or convenient to its usefulness in carrying out and effectuating the purposes and provisions of this chapter which are not in conflict with the Constitution of this state, including, but without limiting the generality of the foregoing, the following powers:
(1) To sue and be sued in contract and in tort and to complain and defend in all courts; (2) To adopt and alter a corporate seal; (3) To adopt, amend, and repeal bylaws, rules and regulations, and policies and procedures for the regulation of its affairs and the conduct of its business, the election and duties of officers and employees of the authority, and such other matters as the authority may determine; (4) To appoint and select officers, agents, and employees, including professional and administrative staff and personnel, financial advisers, consultants, fiscal agents, trustees, and accountants and to fix their compensation and pay their expenses, including the power to contract with the Department of Community Affairs and any other department, agency, board, commission, or authority of state government for professional, technical, clerical, and administrative support as may be required; (5) To procure or to provide insurance against any loss in connection with its programs, property, and other assets;
TUESDAY, APRIL 2, 2002
2881
(6) To borrow money and to issue notes and bonds and other obligations to accomplish its public purposes and to provide for the rights of the lenders or holders thereof; (7) To pledge, mortgage, convey, assign, hypothecate securities, or otherwise encumber any property of the authority, including, but not limited to, real property, fixtures, personal property, intangible property, revenues, income, charges, fees, or other funds and to execute any lease, trust indenture, trust agreement, resolution, agreement for the sale of the authoritys bonds, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable, in the judgment of the authority, to secure any such bonds, which instruments or agreements may provide for foreclosure or forced sale of any property of the authority upon default in any obligation of the authority, either in payment of principal, premium, if any, or interest or in the performance of any term or condition contained in any such agreement or instrument; the state, on behalf of itself and each political subdivision, public body corporate and politic, or taxing district therein, waives any right it or such political subdivision, public body corporate and politic, or taxing district may have to prevent the forced sale or foreclosure of any property of the authority upon such default and agrees that any agreement or instrument encumbering such property may be foreclosed in accordance with law and the terms thereof; (8) To extend credit, to make loans, to participate in the making of loans, to provide credit enhancement, and to provide or procure insurance; (9) To collect fees and charges in connection with its bonds, loans, commitments, insurance, credit enhancement, and servicing, including, but not limited to, reimbursement of costs of financing; (10) To sell loans, security interests, and other obligations of the authority at public or private sale; to negotiate modifications or alterations in loans, security interests, and other obligations of the authority; to foreclose on any security interest in default or commence any action to protect or enforce any right conferred upon it by any law, security agreement, deed of trust, deed to secure debt, contract, or other agreement; to bid for and purchase property which was the subject of such loan, security interest, or other obligation of the authority at any foreclosure or at any other sale; to acquire or take possession of such property; and to exercise any and all rights as provided by law or contract for the benefit or protection of the authority or holders of the authoritys notes, bonds, or other obligations; (11) To procure or to make and execute contracts, agreements, and other instruments, including interest rate swap or currency swap agreements, letters of credit, or other credit facilities or agreements, and to take such other actions and do such other things as the authority may deem appropriate to secure the payment of any loan, lease, or purchase payment owed to the authority or any bonds or other obligations issued by the authority, including the power to pay the cost of obtaining any such contracts, agreements, and other instruments;
2882
JOURNAL OF THE HOUSE
(12) To receive and use the proceeds of any tax levied by the state or a local government or taxing district of the state enacted for the purposes of providing credit enhancement or for any other purpose for which the authority may use its own funds pursuant to this chapter; (13) To receive and administer gifts, grants, and devises of money and property of any kind; to administer trusts; and to receive such part of the proceeds paid to the State of Georgia pursuant to funds received by the state pursuant to the settlement of the lawsuit filed by the state against certain tobacco companies (State of Georgia, et al. v. Philip Morris, Inc., et al., Civil Action #E-61692, V19/246 (Fulton County Superior Court, 19 December 9, 1998)), as the General Assembly shall from time to time appropriate for the purposes of the authority, and to sell, convey, or otherwise encumber such moneys appropriated from the proceeds of such settlement by capitalizing or securitizing the same and entering into contracts pertaining thereto in order to enable the authority, in its judgment, to better accomplish the purposes of this chapter; (14) To acquire real and personal property in its own name to promote any of the public purposes of the authority or for the administration and operation of the authority; (15) To provide and administer grant moneys for any of the public purposes of the authority and to comply with all conditions attached thereto; (16) To contract for any period, not exceeding 50 years, with the state, any institution, department, agency, or authority of the state, or any local government within the state for the use by the authority of any facilities or services of any such entity or for the use by any such entity of any facilities or services of the authority, provided that such contracts shall deal with such activities and transactions as the authority and any such entity with which the authority contracts are authorized by law to undertake; (17) To invest any accumulation of its funds, including, but without limiting the generality of the foregoing, funds received from the issuance of bonds and any sinking funds or reserves in any manner as it determines is in its best interests and to purchase its own bonds and notes; (18) To hold title to any project financed by it, but it shall not be required to do so; (19) To establish eligibility standards for financing and financial assistance and technical assistance authorized for projects under this chapter; (20) To sell or otherwise dispose of unneeded or obsolete equipment or property of every nature and every kind; (21) To lease as lessor any facility or any project for such rentals and upon such terms and conditions as the authority considers advisable and not in conflict with this chapter; (22) To sell by installment or otherwise to sell by option or contract for sale and to convey all or any part of any item of any project or facility for such price and upon such terms and conditions as the authority considers advisable and which are not in conflict with this chapter;
TUESDAY, APRIL 2, 2002
2883
(23) To manage property, intangible, real, and personal, owned by the authority or under its control by lease or by other means; (24) To do any and all things necessary, desirable, convenient, or incidental for the accomplishment of the objectives of this chapter and to exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the public purposes of the authority or the Constitution and laws of this state, including:
(A) The power to retain accounting and other financial services; (B) The power to purchase all kinds of insurance, including, without limitation, insurance against tort liability and against risks of damage to property; (C) The power to indemnify and hold harmless any parties contracting with the authority or its agents from damage to persons or property; and (D) The power to act as self-insurer with respect to any loss or liability and to create insurance reserves; (25) To incorporate one or more nonprofit corporations as subsidiary corporations of the authority for the purpose of carrying out any of the powers of the authority and to accomplish any of the purposes of the authority. Any such subsidiary corporation shall be a nonprofit corporation, a public body, a political subdivision of the state, and an instrumentality of the state and shall exercise essential governmental functions. Any subsidiary corporations created pursuant to this power shall be created pursuant to Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and the Secretary of State shall be authorized to accept such filings. The members of the board of directors of any such corporation shall be appointed by the authority and may include persons who are members of the authority; provided, however, that a majority of the members of the board of directors of any such corporation shall be persons who are not members of the authority and who are not officials or employees of the State of Georgia. Upon dissolution of any subsidiary corporation of the authority, any assets shall revert to the authority or to any successor to the authority or, failing such succession, to the State of Georgia. The authority shall not be liable for the debts or obligations or bonds of any subsidiary corporation or for the actions or omissions to act of any subsidiary corporation unless the authority expressly so consents; (26) To lease any authority owned facilities or property or any state owned facilities or property which the authority is managing under contract with the state; and no such lease agreement shall be deemed to be a contract subject to any law requiring that contracts shall be let only after receipt of competitive bids; (27) To provide advisory, technical, consultative, training, management, educational, project assistance, and other services related to the purposes of the authority to the state and any institution, department, agency, or authority of the state, to any local government, or to any nonprofit or for profit business, corporation, partnership, association, sole proprietorship, or other entity or enterprise and to enter into contracts with the foregoing, including without limitation the Department of Industry, Trade, and Tourism Community Affairs, to provide such services; and the state, any institution, department, agency, or authority of the state, including without limitation
2884
JOURNAL OF THE HOUSE
the Department of Industry, Trade, and Tourism Community Affairs, and any local government are authorized to enter into contracts with the authority for such services, to perform all duties required by the contract, and to pay for such services as may be provided them; (28) To impose restrictive covenants which shall be deemed to be running with the land to any person, corporation, partnership, or other form of business entity which receives financial assistance from the authority, which form of financial assistance shall include tax credits, bond financing, grants, guarantees of the authority, guarantees of the state, insurance of the authority, and all other forms of financial assistance, regardless of whether the authority enjoys privity of estate or whether the covenant touches and concerns the property burdened; and such restrictive covenants shall be valid for a period of up to the later of 40 years or the termination or satisfaction of such financial assistance, notwithstanding any other provision of law; (29) To enter into partnership agreements, to sell and purchase partnership interests, and to serve as general or limited partner of a partnership created to further the public purposes of the authority; (30) To allocate and issue any federal or state tax credits for which the authority is designated as the state allocating agency; (31) To make and execute contracts and all other instruments necessary or convenient for the performance of its duties and the exercise of its powers and functions under this chapter; (32) To cooperate with and exchange services, personnel, and information with any federal, state, or local governmental agency; (33) To adopt regulations for its own governance regarding cost-effective distribution of authority funds and prioritization of projects, subject to the direction of the General Assembly with regard to funds appropriated for the purposes of the authority; and (34) The authority shall have the power to contract with the Department of Community Affairs and any other To contract with any department, agency, board, commission, or authority of state government for any purpose necessary or incidental to carrying out or performing the duties, responsibilities, or functions of the authority in exercising the power and management of the authority; provided, however, such contracts shall not delegate the authorization of the issuance of any bonds or other indebtedness of the authority. No part of the funds or assets of the authority shall be distributed to the Department of Community Affairs or any other any department, authority, agency, board, or commission of the state unless otherwise provided by law, except that the authority shall be authorized and empowered to pay reasonable compensation for services rendered and to reimburse expenses incurred and, except as may be deemed necessary or desirable by the authority, to fulfill the purposes of the authority as set forth in this chapter. Nothing in this paragraph shall be construed as precluding the provision by any department, authority, board, commission, or agency of the state and the authority of joint or complementary services or programs within the scope of their respective powers. The Department of Industry, Trade, and Tourism Community Affairs is authorized to acquire, construct, operate, maintain,
TUESDAY, APRIL 2, 2002
2885
expand, and improve a project for the purposes of the authority, and for the public good and general welfare, to contract with the authority for any such acquisition, construction, operation, maintenance, expansion, or improvement and to pay the cost of such project from any lawful fund source available to the department, including without limitation, where applicable, funds received by appropriation, proceeds of general obligation debt, funds of local government, grants of the United States or any agency or instrumentality thereof, gifts, and otherwise.; and (35) To establish the Georgia Value-Added Agriculture Program and to develop and encourage value-added opportunities for farmers and agricultural producers in the state through establishment of an agricultural development fund and other means deemed appropriate by the authority. (b) The powers enumerated in each paragraph of subsection (a) of this Code section are cumulative of and in addition to those powers enumerated in the other paragraphs of subsection (a) of this Code section and elsewhere in this chapter and no such power limits or restricts any other power of the authority. (c) This chapter, being for the welfare of this state and being for the welfare of its citizens, shall be liberally construed to effect the purposes specified in this chapter. (d) No portion of the state ceiling, as defined in Code Section 36-82-182, shall be set aside or reserved, and no separate pool or share shall be created within the state ceiling, for the purpose of reserving for or allocating to the authority a portion of the state ceiling for use by the authority in the financing of, or the provision of financial assistance for, any enterprise. The distribution to the authority by the Department of Community Affairs of any portion of the state ceiling for the purpose of permitting the financing of any enterprise shall be accomplished based upon the merits of each enterprise and shall be accomplished upon the same terms and conditions, without preference or priority of any kind, as shall be applicable to the distribution of any portion of the state ceiling for the benefit of any enterprise proposed to be financed by a local authority. (e) No personal financial information submitted to the authority in connection with any of its programs shall be subject to public disclosure. (f) All contracts of the authority with any department, agency, board, commission, or authority of state government shall be subject to review and approval by a subcommittee of the board of directors to consist of the Lieutenant Governor, who shall chair such subcommittee; the commissioner of community affairs; and the commissioner of industry, trade, and tourism."
SECTION 5. Said title is further amended by adding a new Code section immediately following Code Section 50-34-17, to be designated Code Section 50-34-18, to read as follows:
"50-34-18. Effective July 1, 2002, without diminishing the powers of the authority pursuant to Code Section 50-34-6, all personnel positions authorized by the authority in Fiscal Year 2002 shall be transferred to the Department of Community Affairs. All employees of
2886
JOURNAL OF THE HOUSE
the authority on June 30, 2002, whose positions are transferred by the authority to the Department of Community Affairs shall become employees of the Department of Community Affairs and shall become employees in the unclassified service of the state merit system as defined by Code Section 45-20-6."
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Representative Royal of the 164th moved that the House agree to the Senate substitute to HB 1393.
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 Y Brown Y Buck Y Buckner Y Bulloch Y Bunn E Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
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 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
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 E 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 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 E 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 E 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 E Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West E Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
TUESDAY, APRIL 2, 2002
2887
On the motion, the ayes were 163, nays 0.
The motion prevailed.
HB 369. By Representatives Watson of the 70th, Mobley of the 69th, Bordeaux of the 151st, Sailor of the 71st and Forster of the 3rd:
A BILL to amend Article 3 of Chapter 5 of Title 5 of the Official Code of Georgia Annotated, relating to procedures regarding new trials, so as to provide for extraordinary motions for new trials based on newly discovered evidence regarding paternity of a child; to provide requirements for filing such a motion; to provide that relief on such motion shall be granted if genetic testing conclusively shows that the alleged father is not the natural father of the child and if the alleged father has not adopted the child and if the child was not conceived by artificial insemination; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, so as to provide for a motion to set aside a determination of paternity 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 biological father of the child and certain other conditions are met; to provide that such relief shall not be denied because of the prior occurrence of certain acts unless the alleged father acted with knowledge that he was not the biological father; to provide for additional testing; to provide for costs; to provide for relief; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, is amended by adding after Code Section 19-7-53, relating to confidentiality of hearings, a new Code section to read as follows:
2888
JOURNAL OF THE HOUSE
"19-7-54. (a) In any action in which a male is required to pay child support as the father of a child, a motion to set aside a determination of paternity may be made at any time upon the grounds set forth in this Code section. Any such motion shall be filed in the superior court and shall include:
(1) An affidavit executed by the movant that the newly discovered evidence has come to movants knowledge since the entry of judgment; and (2) The results from scientifically credible parentage-determination genetic testing, as authorized under Code Section 19-7-46 and administered within 90 days prior to the filing of such motion, that finds that there is a 0 percent probability that the male ordered to pay such child support is the father of the child for whom support is required. (b) The court shall grant relief on a motion filed in accordance with subsection (a) of this Code section upon a finding by the court of all of the following: (1) The genetic test required in paragraph (2) of subsection (a) of this Code section was properly conducted; (2) The male ordered to pay child support has not adopted the child; (3) The child was not conceived by artificial insemination while the male ordered to pay child support and the childs mother were in wedlock; (4) The male ordered to pay child support did not act to prevent the biological father of the child from asserting his paternal rights with respect to the child; and (5) The male ordered to pay child support with knowledge that he is not the biological father of the child has not:
(A) Married the mother of the child and voluntarily assumed the parental obligation and duty to pay child support; (B) Acknowledged his paternity of the child in a sworn statement; (C) Been named as the childs biological father on the childs birth certificate with his consent; (D) Been required to support the child because of a written voluntary promise; (E) Received written notice from the Department of Human Resources, any other state agency, or any court directing him to submit to genetic testing which he disregarded; (F) Signed a voluntary acknowledgment of paternity as provided in Code Section 19-7-46.1; or (G) Proclaimed himself to be the childs biological father. (c) In the event movant fails to make the requisite showing provided in subsection (b) of this Code section, the court may grant the motion or enter an order as to paternity, duty to support, custody, and visitation privileges as otherwise provided by law. (d) In the event relief is granted pursuant to subsection (b) of this Code section, relief shall be limited to the issues of prospective child support payments, past due child support payments, termination of parental rights, custody, and visitation rights. (e) The duty to pay child support and other legal obligations for the child shall not be suspended while the motion is pending except for good cause shown; however, the
TUESDAY, APRIL 2, 2002
2889
court may order the child support be held in the registry of the court until final determination of paternity has been made.
(f)(1) In any action brought pursuant to this Code section, if the genetic test results submitted in accordance with paragraph (2) of subsection (a) of this Code section are provided solely by the male ordered to pay child support, the court on its own motion may, and on the motion of any party shall, order the childs mother, the child, and the male ordered to pay child support to submit to genetic tests. The court shall provide that such genetic testing be done no more than 30 days after the court issues its order. (2) If the mother of the child or the male ordered to pay child support willfully fails to submit to genetic testing, or if either such party is the custodian of the child and willfully fails to submit the child for testing, the court shall issue an order determining the relief on the motion against the party so failing to submit to genetic testing. If a party shows good cause for failing to submit to genetic testing, such failure shall not be considered willful. (3) The party requesting genetic testing shall pay any fees charged for the tests. If the custodian of the child is receiving services from an administrative agency in its role as an agency providing enforcement of child support orders, such agency shall pay the cost of genetic testing if it requests the test and may seek reimbursement for the fees from the person against whom the court assesses the costs of the action. (g) If relief on a motion filed in accordance with this Code section is not granted, the court shall assess the costs of the action and attorneys fees against the movant."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Watson of the 70th moved that the House agree to the Senate substitute to HB 369.
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 Cox Y Crawford Y Cummings Y Davis E Day
Dean Deloach, B Y Deloach, G Y Dix Y Dodson
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
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 E Smith, V
Smyre Y Snelling Y Snow
2890
Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch N Bunn E Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
JOURNAL OF THE HOUSE
Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y 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 Y Howard
Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane E 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 Y Mobley Y Morris Y Mosley
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 E Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
On the motion, the ayes were 159, nays 1. The motion prevailed.
Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper E Tillman
Turnquest Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West E Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates Murphy, Speaker
HB 525. By Representatives Harrell of the 62nd, Unterman of the 84th, McClinton of the 68th, Channell of the 111th and Lord of the 121st:
A BILL to amend Code Section 33-24-58.2 of the Official Code of Georgia Annotated, relating to health benefit policy coverage for certain maternity benefits, so as to change the provisions regarding required notices; and for other purposes.
The following Senate amendment was read:
Amend HB 525 by striking lines 10 through 12 of page 1 and inserting in lieu thereof the following:
TUESDAY, APRIL 2, 2002
2891
"this Code section and any rules and regulations promulgated by the Commissioner relating to this Code section. The notice shall be in writing and prominently".
By striking line 19 of page 1 and inserting in lieu thereof the following:
"by maternity benefits of the health benefit policy is pregnant in substantially the following form:".
Representative Harrell of the 62nd moved that the House agree to the Senate amendment to HB 525.
On the motion, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard
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 E Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
Y Cox 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 N 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 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 Y Joyce Y Kaye Y Keen Y Knox Y Lane E Lanier Y Lewis Y Lord Y 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 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 E 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 Smith, C
Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T E 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 E Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West E Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
2892
JOURNAL OF THE HOUSE
On the motion, the ayes were 156, nays 3. The motion prevailed.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 1592. By Representatives Snow of the 2nd, Murphy of the 18th, Joyce of the 1st, Reece of the 11th, Walker of the 141st, and others: A RESOLUTION inviting certain officials and employees from Walker County and state government to appear before the House of Representatives; and for other purposes.
The following Resolution of the House was read and adopted:
HR 1593. By Representatives Snow of the 2nd, Murphy of the 18th, Joyce of the 1st, Reece of the 11th, Walker of the 141st and others: A RESOLUTION commending Walker County Commissioner Bebe Heiskell; 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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HR 1537 Do Pass SB 329 Do Pass SB 384 Do Pass
TUESDAY, APRIL 2, 2002
Respectfully submitted, /s/ Jamieson of the 22nd
Chairman
2893
Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 458 Do Pass, by Substitute SB 505 Do Pass, by Substitute
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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 334 SB 356 SB 407 SB 449
Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute
SB 467 Do Pass, by Substitute SB 495 Do Pass SB 517 Do Pass
Respectfully submitted, /s/ Bordeaux of the 151st
Chairman
2894
JOURNAL OF THE HOUSE
Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 482 Do Pass, by Substitute SB 488 Do Pass
Respectfully submitted, /s/ Parham of the 122nd
Chairman
Representative Snow of the 2nd District, Chairman of the Committee on Public Safety, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 320 Do Pass, by Substitute SB 396 Do Pass, by Substitute
SB 433 Do Pass, by Substitute SB 483 Do Pass
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 Bill and
TUESDAY, APRIL 2, 2002
2895
Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 491 Do Pass SR 668 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 of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 319 Do Pass SB 354 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.
2896
JOURNAL OF THE HOUSE
Representative Hall, Atlanta, Georgia Wednesday, April 3, 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. Harvey J. Palmer, III, District Superintendent, RomeCarrollton District, The United Methodist Church, Rome, Georgia.
The members pledged allegiance to the flag.
Representative Teper of the 61st, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
WEDNESDAY, APRIL 3, 2002
2897
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 1834. By Representative Shanahan of the 10th:
A BILL to amend Article 1 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to real estate transfer tax, so as to change the manner and method of collection and distribution of revenues with respect to such tax; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1842. By Representatives Ehrhart of the 36th, Hines of the 38th, Franklin of the 39th, Parsons of the 40th, Wiles of the 34th 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 compensation of the tax commissioner, chief clerk to the tax commissioner, executive secretary to the tax commissioner, and administrative specialist in the office of the tax commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 1541. By Representatives Porter of the 143rd, Murphy of the 18th, Coleman of the 142nd, Parrish of the 144th, Lord of the 121st and others:
A RESOLUTION recognizing and commending Honorable Hugh Marion Gillis and urging the Department of Natural Resources to name a public fishing area in his honor; and for other purposes.
Referred to the Committee on Rules.
2898
JOURNAL OF THE HOUSE
HR 1542. By Representatives Yates of the 106th, Smith of the 103rd and Brown of the 130th:
A RESOLUTION designating the George W. Potts Memorial Highway; and for other purposes.
Referred to the Committee on Transportation.
HR 1594. By Representatives Orrock of the 56th, Holmes of the 53rd, Randall of the 127th, Brooks of the 54th, Benfield of the 67th and others:
A RESOLUTION creating the House Study Committee on the Death Penalty; and for other purposes.
Referred to the Committee on Rules.
HR 1595. By Representative Smith of the 169th:
A RESOLUTION designating the James Virgil Johnson Bridge; 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 1829 HB 1830 HB 1831 HB 1832 HB 1833 HB 1835 HB 1836 HB 1837 HB 1838 HB 1839 HB 1840
HB 1841 HR 1536 HR 1538 HR 1539 SB 525 SB 563 SB 567 SB 568 SB 569 SB 570
WEDNESDAY, APRIL 3, 2002
2899
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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 110 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 Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1700 Do Pass HB 1703 Do Pass HB 1760 Do Pass, by Substitute HB 1769 Do Pass HB 1815 Do Pass HB 1816 Do Pass HB 1817 Do Pass HB 1818 Do Pass HB 1819 Do Pass HB 1820 Do Pass HB 1821 Do Pass
HB 1822 Do Pass, by Substitute HB 1823 Do Pass HB 1824 Do Pass HB 1825 Do Pass HB 1826 Do Pass HB 1827 Do Pass HB 1828 Do Pass SB 328 Do Pass, by Substitute SB 543 Do Pass SB 544 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman
2900
JOURNAL OF THE HOUSE
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR WEDNESDAY, APRIL 3, 2002
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 37th Legislative Day as enumerated below:
HR 1118 HR 1324 HR 1487
SB 119
SB 276
SB 330
SB 353 SB 368
SB 370 SB 385
SB 399
SB 414
SB 425
SB 438
SB 465
Oral anticancer drugs; urge Congress require Medicare to cover Manufacturing Extension Partnership; urge Congress restore funding McNeely, Walter Boone; certain contributions; urge Department of Natural Resources recognize Mental Health Therapists; professional licensing; prohibit unlicensed practice, use of titles District Attorneys or Solicitors; disqualification from engaging in a prosecution; appointment of a substitute Transportation Security Act; Bus, Rail and Air Passenger Safety Act; prohibited firearms; false alarms; interference with security measures Financial Institutions Code; amend rules, regulations, department policies Teachers; national board certification; 10% increase in state salary annually Dead Animals; requirements and methods for disposal Public Health Emergencies; bioterrorism; reportable illnesses, health conditions or unusual or suspicious events; requirements Animal Protection; shelters; dog breeders; local zoning, ordinances; limit on number of animals; nuisances Elections; balloting and voting; state shall furnish uniform system of direct recording electronic (DRE) equipment by 2004 Nonpublic Postsecondary Educational Institutions; surety bond requirements Georgia Greenspace Trust Fund; local matching grants; allocation of funds Public Interest Lawyers' Fund; education loan forgiveness program; funding from state and private donations
WEDNESDAY, APRIL 3, 2002
2901
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 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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.
2902
JOURNAL OF THE HOUSE
The following Committee substitute was read and adopted:
A BILL
To amend an Act providing a new charter for the City of Fort Oglethorpe, approved April 1, 1996 (Ga. L. 1996, p. 3892), 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; to provide for a referendum; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing a new charter for the City of Fort Oglethorpe, approved April 1, 1996 (Ga. L. 1996, p. 3892), is amended by striking subsection (a) of Section 1.11 and inserting in its place the following:
"(a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the mayor and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the City of Fort Ogleghorpe, Georgia." Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description."
SECTION 2. Said Act is further amended by striking Section 2.27 and inserting in its place the following:
"SECTION 2.27. Election of mayor; forfeiture; compensation.
The mayor shall be elected and serve for a term of four years and until a successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for 12 months preceding the election. The mayor shall continue to reside in the city during the period of service. The mayor shall forfeit the office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers."
WEDNESDAY, APRIL 3, 2002
2903
SECTION 3. Said Act is further amended by striking Section 2.28 and inserting in its place the following:
"SECTION 2.28. Chief executive officer.
The mayor shall be chief executive of the city. The mayor shall process all the executive and administrative power granted to the city under the Constitution and laws of the State of Georgia and all the executive administrative powers contained in this charter."
SECTION 4. Said Act is further amended by striking Section 2.29 and inserting in its place the following:
"SECTION 2.29. Powers and duties of mayor.
As the chief executive of this city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Appoint and remove all department heads and employees of the city, except as otherwise provided in this charter or ordinance; (3) Exercise supervision over all executive and administrative work of the city and provide for the coordination of the administrative activities; (4) Prepare and submit to the city council a recommended operating budget and capital budget; (5) Submit to the city council at least once a year a statement covering the financial conditions of the city and from time to time such other information as the city council may request; (6) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as the mayor may deem expedient; (7) Call special meetings of the city council as provided for in subsection (b) of Section 2.19 of this charter; (8) Approve and disapprove ordinances as provided in Section 2.30 of this charter; (9) Provide for an annual audit of all accounts of the city; (10) Require any department or agency of the city to submit written reports whenever the mayor deems it expedient; and (11) Perform such other duties as may be required by law, this charter, or by ordinance."
2904
JOURNAL OF THE HOUSE
SECTION 5. Said Act is further amended by striking Section 2.30 and inserting in its place the following:
"SECTION 2.30. Submission of ordinances to the mayor;
veto power.
(a) Every ordinance adopted by the city council shall be presented promptly by the clerk to the mayor. (b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the clerk with or without the mayors approval or with the mayors disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at 12:00 Noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the clerk a written statement of reasons for the veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the clerk to the city council at its meeting. If the city council then or at its next meeting adopts the ordinance by an affirmative vote of four members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayors veto as provided in this section. The reduced part or parts shall be presented to the city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section."
SECTION 6. Said Act is further amended by striking Section 2.31 and inserting in its place the following:
"SECTION 2.31. Full-time status.
The mayor shall devote his or her entire time to the discharge of his or her duties and during his or her incumbency in office shall not engage in any business enterprise or accept any other responsibility which would interfere with the discharge of such duties."
SECTION 7. Said Act is further amended by striking Section 2.32, which reads as follows:
WEDNESDAY, APRIL 3, 2002
2905
"SECTION 2.32. Powers and duties of mayor.
The mayor shall: (1) Preside at all meetings of the city council and shall have the right to take part in deliberations but shall not vote on any question except in case of a tie; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have power to administer oaths and to take affidavits; and (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing.",
in its entirety.
SECTION 8. Said Act is further amended by striking Section 2.34, which reads as follows:
"SECTION 2.34. Election of mayor; forfeiture;
compensation.
The mayor shall be elected and serve for a term of four years and until a successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for 12 months prior to the election. The mayor shall continue to reside in this city during the period of service. The mayor shall forfeit the office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.", in its entirety.
SECTION 9. Said Act is further amended by striking subsections (d) and (e) of Section 3.10 and inserting in their place the following:
"(d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of that directors department or agency. (e) All employees and directors are under the supervision of the mayor."
SECTION 10. Said Act is further amended by striking Section 3.14 and inserting in its place the following:
2906
JOURNAL OF THE HOUSE
"SECTION 3.14. Position classification and pay plans.
The mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees."
SECTION 11. Said Act is further amended by striking Section 6.25 and inserting in its place the following:
"SECTION 6.25. Submission of operating budget
to city council.
On or before a date fixed by the city council but not later than 90 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other pertinent comments and information. The operating budget and the capital budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection."
SECTION 12. Said Act is further amended by striking subsection (a) of Section 6.26 and inserting in its place the following:
"(a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues."
SECTION 13. Said Act is further amended by striking Section 6.29 and inserting in its place the following:
WEDNESDAY, APRIL 3, 2002
2907
"SECTION 6.29. Capital budget.
(a) On or before the date fixed by the city council, but not later than 90 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.24. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the first day of December of each year. No appropriations provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by the recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance."
SECTION 14. Said Act is further amended by striking Section 6.33 and inserting in its place the following:
"SECTION 6.33. Sale and lease of city property.
(a) The city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell and convey said cut off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owners property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under
2908
JOURNAL OF THE HOUSE
such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made."
SECTION 15. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Fort Oglethorpe shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Fort Oglethorpe for approval or rejection. The election superintendent shall conduct that election on the third Tuesday in September, 2002, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organs of Catoosa County and Walker County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act be approved which amends the charter of the City of Fort Oglethorpe so as to abolish the office of the city manager and provide that the office of the mayor shall be a full-time position effective on January 1, 2004?"
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, Sections 1 through 14 of this Act shall become of full force and effect on January 1, 2004. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Fort Oglethorpe. It shall be the election superintendents duty to certify the result thereof to the Secretary of State.
SECTION 16. (a) Sections 1 through 14 of this Act shall become effective as provided in Section 15 of this Act. (b) Section 15, this section, and Section 17 of this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval.
SECTION 17. All laws and parts of laws in conflict with this Act are repealed.
WEDNESDAY, APRIL 3, 2002
2909
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1815. By Representatives Cummings of the 27th and Murphy of the 18th:
A BILL to amend an Act providing a new Board of Education for Polk 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 1816. By Representative Holland of the 157th: A BILL to create the State Court of Turner County; and for other purposes.
The following substitute, offered by Representative Holland of the 157th, was read:
A BILL
To create the State Court of Turner County; to specify the location of the court and provide facilities therefore; to provide for jurisdiction, powers, practice, and procedure; to provide for terms of court; to provide for case transfers from superior and probate courts; to provide for method of case institution; to provide for state court judge and method of election and appointment; to provide for qualifications of said state court judge; to provide for type of said state court judge and compensation; to provide for courtroom and office space and facilities, equipment, supplies, and personnel and the funding for such; to provide for judicial assistance; to provide for solicitor-general and method of election
2910
JOURNAL OF THE HOUSE
and appointment; to provide for qualifications of said solicitor-general; to provide for type of said solicitor-general and compensation; to provide for courtroom and office space and facilities, equipment, supplies, and personnel and the funding for such; to provide for clerk and sheriff of said court and compensation; to provide for personnel, equipment, supplies, and materials for clerk and sheriff for proper functioning of said state court; to provide for juror matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Effective July 1, 2002, there is created the State Court of Turner County which shall have the power, jurisdiction, and such rules of practice, pleading, procedure, evidence, execution and enforcement of judgments, appellate practice and procedure, and any other matters as provided by Chapter 7 of Title 15 of the O.C.G.A.
SECTION 2. The State Court of Turner County shall be located in the county site of Turner County in facilities provided by the governing authority of Turner County and shall have territorial jurisdiction coextensive with the limits of said county.
SECTION 3. The State Court of Turner County shall have terms of court per year, which shall be held at the same exact times as for Turner County within the Tifton Judicial Circuit, in the county site of Turner County and such terms shall remain open for the transaction of business until the next succeeding term. If the date fixed for the convening of any term is a legal holiday, then that term shall begin on the next business day thereafter which is not a legal holiday. Said court shall at all times be open for the purpose of receiving pleas of guilty in criminal cases and passing sentence thereon and for the transaction of civil business before the court. The State Court of Turner County shall be entitled to use the Courtroom of the Turner County Courthouse and the court offices therein at all times not in conflict with the use of said facilities by the Superior Court of Turner County, Georgia.
SECTION 4. (a) Any cases of a civil nature pending in the superior courts of the Tifton Judicial Circuit on July, 2002, or thereafter, of which the State Court of Turner County has jurisdiction may be transferred by the judge of the superior court to the State Court of Turner County by consent of counsel of all parties and consent of the judge of the State Court of Turner County and, having received all required consent, all parties shall thereafter stand for trial in said state court as though originally filed therein. (b) Any cases of a criminal nature pending in the superior courts of the Tifton Judicial Circuit on July 1, 2002, or thereafter, of which the State Court of Turner County has jurisdiction may be transferred by the judge of the superior court to the State Court of
WEDNESDAY, APRIL 3, 2002
2911
Turner County by consent of the district attorney of said circuit and by consent of the judge of the State Court of Turner County and, having received all required consent, all parties shall thereafter stand for trial in said state court as though originally filed therein. (c) The Probate Court of Turner County as of July 1, 2002 is divested of any jurisdiction over traffic cases in Turner County, Georgia. Any cases pending in the Probate Court of Turner County on July 1, 2002, or thereafter, of which the State Court of Turner County has jurisdiction and of which the probate court is divested of jurisdiction pursuant to this Act shall be immediately transferred by the judge of the probate court to the State Court of Turner County and all parties shall thereafter stand for trial in said state court as though originally filed therein.
SECTION 5. All prosecutions in criminal cases instituted in the State Court of Turner County shall be by written accusation, uniform traffic citation, or summons as provided for by Code Section 17-7-71 of the O.C.G.A.
SECTION 6. There shall be a judge of the State Court of Turner County who shall be elected by the qualified voters of Turner County, Georgia, in a nonpartisan election to be held and conducted jointly with the general primary in 2004 and quadrennially thereafter in the manner provided by law for the election of judges of the state courts of this state, whereupon this state court judge thus elected shall serve a four-year term commencing January 1 of the next year after the election, and until such judges successor is elected and qualified; provided, however, that the first judge of the State Court of Turner County shall be appointed by the Governor for a term of office beginning July 1, 2002, and ending December 31, 2004.
SECTION 7. The judge of the State Court of Turner County shall have such qualifications, shall be vested with all of the power and authority, and shall be subject to such restrictions and discipline as provided in Chapter 7 of Title 15 of the O.C.G.A. The judge shall be authorized to adopt local rules not inconsistent with general laws on rules applicable to the superior courts.
SECTION 8. The judge shall be a part-time judge within the meaning of Chapter 7 of Title 15 of the O.C.G.A. and shall be paid an annual salary equal to 40 percent of the salary now or hereafter paid to superior court judges. Said salary, which may also be supplemented by the governing authority of Turner County, shall be payable out of the funds of Turner County at the same intervals as installments are paid to other county employees. This amount of compensation shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of
2912
JOURNAL OF THE HOUSE
office served by any judge following December 31, 2004, effective the first day of January following the completion of each such period of service.
SECTION 9. The governing authority of Turner County shall furnish the judge of the State Court of Turner County suitable courtroom space and facilities, a copy of the Official Code of Georgia Annotated and annual supplements to the Code to keep it current, office space, office equipment, computer equipment and programs, supplies, educational expenses and travel expenses, secretarial expenses, and such personnel as may be considered necessary by the judge to the proper functioning of the court. All of the expenditures authorized herein are declared to be an expense of said court and payable out of the county treasury as such. Such expenses may be paid directly or reimbursed to the judge. In addition to such expenses, the judge shall be entitled to an annual expense allowance, payable in monthly installments, in an amount equal to the expense allowance provided for members of the General Assembly pursuant to subsection (c) of Code Section 45-2-4.
SECTION 10. In the event that the judge of the State Court of Turner County is unable to preside in court for any reason, is disqualified for any reason, or needs assistance for any reason then said judge may avail himself or herself of support as provided by Chapters 1 and 7 of Title 15 of the O.C.G.A. or may appoint a judge pro hac vice, who shall meet the same qualifications as said state court judge, to serve in his or her absence.
SECTION 11. There shall be a solicitor-general of the State Court of Turner County who shall be elected by the qualified voters of Turner County, Georgia, in a nonpartisan election to be held and conducted jointly with the general primary in 2004 and quadrennially thereafter in the manner provided by law for the election of solicitor generals of the state courts of this state, whereupon this state court solicitor general thus elected shall serve a four-year term commencing January 1 of the next year after the election, and until such officers successor is elected and qualified; provided, however, that the first solicitor general shall be appointed by the Governor of the State of Georgia for a term of office beginning July 1, 2002, and ending December 31, 2004. The solicitor shall be a resident of Turner County unless no resident of Turner County is qualified for such position, in which event the solicitor shall be a resident of the Tifton Judicial Circuit.
SECTION 12. The solicitor-general of said court shall have such qualifications, shall be vested with all of the power and authority and shall be subject to such restrictions and discipline as provided in Article 3 of Chapter 18 of Title 15 of the O.C.G.A.
WEDNESDAY, APRIL 3, 2002
2913
SECTION 13. The solicitor-general shall be a part-time solicitor-general within the meaning of Chapter 18 of Title 15 of the O.C.G.A., and he or she shall be paid an annual salary equal to 40 percent of the salary now or hereafter paid to district attorneys. Said salary, which may also be supplemented by the governing authority of Turner County, shall be payable out of the funds of Turner County at the same intervals as installments are paid to other county employees. The salary of said solicitor-general shall be an expense of said court and payable out of the county treasury as such. This amount of compensation shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any solicitor general following December 31, 2004, effective the first day of January following the completion of each such period of service.
SECTION 14. The governing authority of Turner County shall furnish the solicitor-general of the State Court of Turner County suitable courtroom space and facilities, a copy of the Official Code of Georgia Annotated and annual supplements to the Code to keep it current, office space, office equipment, computer equipment and programs, materials, supplies, educational expenses and travel expenses, secretarial expenses, and such personnel as may be considered necessary by the judge to the proper functioning of the court. All of the expenditures authorized herein are declared to be an expense of said court and payable out of the county treasury as such. Such expenses may be paid directly or reimbursed to the solicitor. In addition to such expenses, the solicitor shall be entitled to an annual expense allowance, payable in monthly installments, in an amount equal to the expense allowance provided for members of the General Assembly pursuant to subsection (c) of Code Section 45-2-4.
SECTION 15. The clerk of the Superior Court of Turner County shall be, by virtue of his or her office and authority bestowed by Chapters 6 and 7 of Title 15 of the O.C.G.A., the clerk of the State Court of Turner County and the sheriff of Turner County shall be, by virtue of his or her office and authority bestowed by Chapter 16 of Title 15 of the O.C.G.A., the sheriff of said state court; and each shall, on behalf of the county and as an expense of court, receive compensation for services in said court as entitled to by Chapters 6, 7, and 16, respectively, of Title 15 of the O.C.G.A.; provided, however, that the minimum such compensation for the clerk and the sheriff shall be $250.00, which shall be in addition to any other supplement. The clerk of said state court shall have all authority bestowed upon him or her by Chapters 6 and 7 of Title 15 of the O.C.G.A. The clerk shall also supply all of the necessary personnel, equipment, supplies, and materials for the proper functioning of said state court, and the sheriff shall, likewise, do the same. All of the expenditures authorized herein are declared to be an expense of said court and payable out of the county treasury as such; provided, however, that the judge of the State Court of Turner County may appoint a person other than the clerk of superior court in lieu of the
2914
JOURNAL OF THE HOUSE
clerk of superior court by order of the court who shall have all the powers, duties, and compensation as if the clerk of superior court acted in said capacity.
SECTION 16. Juror matters will be dealt with as provided in Chapter 7 of Title 15 of the O.C.G.A. In any case in which a jury trial is desired, a demand for a jury trial shall be filed. In addition, for the trial of any case in the Superior Court of Turner County or the State Court of Turner County requiring the use of jurors, a jury pool is created. Jurors may be selected as prescribed by law by either the judges of the Superior Court of Turner County or of the State Court of Turner County to appear to be sworn and serve as jurors before their respective courts only, unless the jurors are drawn pursuant to the provisions of subsection (b) of Code Section 15-12-130 of the O.C.G.A. When there are not sufficient contested jury cases, or there are no demands for a jury trial for cases pending in any term, the judge of the State Court of Turner County, in his or her own discretion, may omit the drawing of a jury for any term of said court; however, this will not prohibit said judge from having a nonjury calendar during any term of court at which said judge omits having jury cases.
SECTION 17. (a) The governing authority of Turner County is authorized to contract with the governing authority of any municipality within Turner County for the county to furnish municipal court services to the municipality as authorized by Article 5 of Chapter 7 of Title 15 of the O.C.G.A.; and the governing authorities of such municipalities are likewise authorized to enter into such contracts with the governing authority of Turner County. (b) Any contract entered into pursuant to this section shall provide that the county shall furnish municipal court services to the municipality through the officers, employees, and facilities of the state court of the county. Any contract may provide for an additional supplement to the salaries of the judge and the solicitor and reimbursement of costs to the county. Any contract so entered into shall not become effective unless it is approved by the state court judge then in office; and no such contract shall extend beyond the term of the judge then in office. (c) When acting as officers of the municipal court all judge and other officers of the state court shall be styled as judge and officers of the municipal court; and all pleadings, process, and papers of the municipal court shall be styled as such and not as pleadings, process, and papers of the state court. The dockets and other records of the municipal court shall be kept separately from those of the state court. (d) Any limitations upon the punishment which may be imposed for violations of municipal ordinances which are contained in the charter of the municipality shall continue to control in municipal courts operated under this article, and if no such limitation exists the maximum punishment imposed shall not exceed a fine of $1,000.00 or six months imprisonment or both, unless some other general law authorizes greater
WEDNESDAY, APRIL 3, 2002
2915
punishment. Other charter provisions not in conflict with this section shall continue to apply in municipal courts operated under this Act.
SECTION 18. The judge of the State Court of Turner County, the solicitor general of the State Court of Turner County, and their office personnel shall be authorized to participate in any employment benefit package available to any other employees of Turner County, Georgia, upon such terms and conditions as applicable to other employees of Turner County, Georgia.
SECTION 19. This Act shall become effective on July 1, 2002.
SECTION 20. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Holland of the 157th moves to amend the Floor substitute to HB 1816 by deleting on page 4, line 2 the words "subsection (c) of Code Section 45-2-4" and inserting in lieu thereof the following:
"Official Code of Georgia Section 45-7-4(a)(22)(C) and as may hereafter be provided."
and
By deleting on page 5, line 14 the words "subsection (c) of Code Section 45-2-4" and inserting in lieu thereof the following:
"Official Code of Georgia Section 45-7-4(a)(22)(C) and as may hereafter be provided."
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.
2916
JOURNAL OF THE HOUSE
HB 1817. By Representative Holland of the 157th:
A BILL to amend an Act creating a board of commissioners of Turner 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 1818. By Representative Holland of the 157th:
A BILL to amend an Act to provide for the election of members of the board of education of Turner County, so as to reapportion 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 1819. By Representative Holland of the 157th:
A BILL to amend an Act entitled "An Act to abolish the present mode of compensating the Clerk of the Superior Court, the Judge of the Probate Court, and the Tax Commissioner of Turner County," so as to provide a salary for the judge of the Probate Court of Turner County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1820. By Representative Coleman of the 142nd:
A BILL to amend an Act providing a new charter for the City of Cochran, so as to change the corporate limits of such city by annexing certain territory in Bleckley County into such city; and for other purposes.
WEDNESDAY, APRIL 3, 2002
2917
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1821. By Representative Coleman of the 142nd:
A BILL to amend an Act reconstituting the board of education of Telfair County, so as to redistrict the board of education of Telfair 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 1822. By Representative Coleman of the 142nd:
A BILL to annex certain territory to the City of Eastman and thereby change the corporate limits of said city; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To annex certain territory to the City of Eastman and thereby change the corporate limits of said city; to state legislative intent; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. In addition to any and all other territory contained within the City of Eastman, either under the charter existing at the time of adoption of this Act or any future such charter reincorporating the City of Eastman, the city shall include the following tract of land more particularly described below as PARCEL A:
"PARCEL A
All that tract or parcel of land lying and being in Land Lots Numbers 7, 23 and 24 in the 15th Land District of Dodge County, Georgia, and being more particularly described and delineated as Tract 1 containing 179.13 acres, more or less, and Tract 2
2918
JOURNAL OF THE HOUSE
containing 4.25 acres, more or less, according to a Plat of Survey prepared by Freddie J. Hattaway, Georgia Registered Land Surveyor No. 2467, dated February 11, 2002, and recorded in the Office of the Clerk of Dodge Superior Court in Plat Book 31, Page 290, said plat and the recording thereof being incorporated herein and made a part hereof by reference for descriptive and all other legal purposes."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 1823. By Representatives Hammontree of the 4th and Williams of the 5th:
A BILL to amend an Act providing a new charter for the City of Varnell, 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 1824. By Representatives Hammontree of the 4th and Williams of the 5th:
A BILL to provide a homestead exemption from Whitfield County school district ad valorem taxes for educational purposes in the amount of $150,000.00 of the assessed value of the homestead 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 1825. By Representative Crawford of the 129th:
A BILL to provide a homestead exemption from Pike County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead after a five-year phase-in period for certain residents of that county who are 65 years of age or over; and for other purposes.
WEDNESDAY, APRIL 3, 2002
2919
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1826. By Representative Crawford of the 129th:
A BILL to amend an Act providing for the election of members of the Board of Education of Pike 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 1827. By Representative Crawford of the 129th:
A BILL to provide for a homestead exemption from all Pike County ad valorem taxes for county purposes in the amount of $12,000.00 of the assessed value of the homestead for certain residents of that county who are totally disabled and whose annual net income does not exceed $12,000.00; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1828. By Representative Shanahan of the 10th:
A BILL to amend an Act incorporating the Town of Resaca, so as to change certain provisions regarding terms and qualifications for office; to repeal certain provisions regarding the mayor's status as chief executive officer; to repeal certain provisions regarding the mayor's powers with respect to ordinances; to change certain provisions regarding a quorum and voting; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
2920
JOURNAL OF THE HOUSE
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.
The following Committee substitute was read and adopted:
A BILL
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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), is amended by striking in their entirety subsections (b) and (c) of Section 1 and inserting in lieu thereof the following:
"(b) The five education 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: gwinnsbwk1 Plan Type: Local User: 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
WEDNESDAY, APRIL 3, 2002
2921
for the State of Georgia. Any part of the Gwinnett 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 Gwinnett 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."
SECTION 2. It is the purpose of this Act to reapportion the districts from which members of the Board of Education 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 Education of Gwinnett 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 Gwinnett County shall become effective upon its approval by the Governor or upon its becoming law 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.
District 001 Gwinnett County
Tract: 505.07 Tract: 505.09 Tract: 505.13
2922
JOURNAL OF THE HOUSE
BG: 3 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3999 Tract: 505.14 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1017 1018 1019 1020 1021 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 BG: 2 Tract: 505.15 BG: 2 2000 2001 2002 2003 2004 2005 2008 2009 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Tract: 505.16 Tract: 505.17 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2020 2021 2024 2025 2026 2027 2028 2029 2030 BG: 3 Tract: 505.18 BG: 4 4000 Tract: 505.19 BG: 4 BG: 7 Tract: 505.20 Tract: 505.21 Tract: 505.22 Tract: 506.02 Tract: 506.03 BG: 2 2011 2038 2039 2040 2041 2042 2043 2044 Tract: 506.04 BG: 3 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 Tract: 507.04 BG: 1 1036 Tract: 507.05 Tract: 507.20
BG: 1 1999
WEDNESDAY, APRIL 3, 2002
District 002 Gwinnett County
Tract: 501.03 BG: 2 2001 2004 2005 2008 2014 2015 2017 2018 2022 2023 2024 2025 2026 2030 2031 2033 2034 2037 2040 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2058 2059 2061 2062 2068 2069 2070 2071 2072 2073 2074 2075 2078 2079 2080 2081 2083 2086 2087 2088 2090 2093 2094 2994 2995 2996 2997 2998 2999 BG: 3 3015 3016 3040 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 BG: 4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4023 4024 Tract: 501.04 BG: 6 BG: 7 7000 7001 7002 7003 7004 7005 7006 7007 7008 7009 7010 7011 7012 7013 7014 7015 7016 7017 7018 7019 7020 7021 7022 7023 7024 7025 7026 7027 7028 7029 7030 7031 7032 7033 7034 7035 7036 7037 7038 7039 7040 7041 7042 7043 7044 7045 7047 7048 7049 7050 7053 7054 7055 7056 7057 7058 7059 7060 7061 7062 7063 7064 7065 7066 7067 7068 7069 7070 7071 7072 7073 7074 7075 7076 7077 7078 7079 7080 7081 7082 7997 7998 7999 Tract: 501.05 BG: 1 1000 1001 1002 1003 BG: 2 2000 2001 2004 2005 2006 2007 2008 2009 2010 2011 2016 2017 2021 2023 2025 2028 2029 2030 2031 2032 2034 2038 BG: 4 4058 4059 4060 4061 4066 4067 4068 4069 Tract: 501.06 BG: 5 5001 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5015 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 BG: 6
2923
2924
JOURNAL OF THE HOUSE
6002 6005 6008 6009 6010 6011 6014 6021 6022 6024 6025 6028 6029 6030 6031 6032 6033 6034 6035 6036 6037 6038 6039 6040 6041 6042 6043 6044 6045 6046 6047 6048 6050 6052 6053 6054 6055 6056 6057 BG: 7 7002 7004 7005 7007 7009 7015 7023 7024 7025 7027 7029 7038 7039 7040 7041 7043 7046 7047 7048 7049 7050 Tract: 502.02 Tract: 502.04 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2033 2034 2035 2036 2037 Tract: 505.10 Tract: 505.11 Tract: 505.12 Tract: 505.13 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3028 3029 3030 3031 3032 3033 3034 Tract: 505.14 BG: 1 1016 1022 1023 1024 1025 1026 1027 1028 1029 Tract: 506.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1010 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 1041 1043 1044 1045 1046 1047 1048 1049 1050 1055 1056 1057 1060 1071 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 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: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008
WEDNESDAY, APRIL 3, 2002
District 003 Gwinnett County
Tract: 502.04 BG: 1 BG: 2 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 BG: 3 BG: 4 Tract: 502.05 Tract: 502.06 Tract: 502.07 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 Tract: 503.14 Tract: 503.15 Tract: 503.16 Tract: 504.17 BG: 1 1000 1001
District 004 Gwinnett County
Tract: 504.15 Tract: 504.16 Tract: 504.29 Tract: 504.30 Tract: 505.15 BG: 2 2006 2007 2010 BG: 3 BG: 4 Tract: 507.04
2925
2926
JOURNAL OF THE HOUSE
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 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 1999 BG: 2 BG: 3 BG: 4 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 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 BG: 3 BG: 4 Tract: 507.21
District 005 Gwinnett County
Tract: 504.03 Tract: 504.10 Tract: 504.11 Tract: 504.17 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013
WEDNESDAY, APRIL 3, 2002
2927
1014 BG: 2 Tract: 504.18 Tract: 504.19 Tract: 504.20 Tract: 504.21 Tract: 504.22 Tract: 504.23 Tract: 504.24 Tract: 504.25 Tract: 504.26 Tract: 504.27 Tract: 504.28 Tract: 505.17 BG: 2 2011 2012 2013 2014 2015 2016 2017 2018 2019 2022 2023 Tract: 505.18 BG: 3 BG: 4 4001 4002 4003 4004 4005 4006 4007 4008 BG: 6 Tract: 505.19 BG: 5 Tract: 507.12 BG: 3 3998 3999
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
SB 543. By Senator Gillis of the 20th:
To be entitled an Act to amend an Act providing for the election of the members of the Treutlen County Board of Education, approved March 23, 1972 (Ga. L. 1972, p. 2340), as amended, so as to reconstitute the board of education; 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.
2928
JOURNAL OF THE HOUSE
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 544. By Senator Gillis of the 20th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Treutlen County, approved March 12, 1935 (Ga. L. 1935, p. 807), as amended, 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 repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
By unanimous consent, the following roll call vote was made applicable to the previously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson Y Anderson Y Ashe Y Bannister E 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 Cox Y Crawford Y Cummings
Davis E Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner
Dukes Ehrhart Y Epps Y Everett Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James
Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce E Kaye Y Keen Y Knox Y Lane E Lanier Y Lewis Y Lord
Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Porter Powell Y Purcell Y Ragas Y Randall Ray Y Reece Reed Y Reichert Y Rice Y Richardson
Y Smith, B Y Smith, C
Smith, C.W Y Smith, L Y Smith, P
Smith, T E Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings
Stanley Y Stanley-Turner Y Stephens N Stokes Y Taylor
Teague Y Teper E Tillman
Turnquest
Y Bunn E Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell
Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell
Cooper
WEDNESDAY, APRIL 3, 2002
Y Graves Y Greene Y Hammontree
Hanner Y Harbin
Harrell Y Heard
Heckstall Hembree Henson Y Hines Y Holland Y Holmes Y Houston Y Howard
Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills
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
Sholar Sims Sinkfield Y Skipper
2929
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 137, nays 1. The Bills, having received the requisite constitutional majority, were passed.
Representatives Davis of the 60th, Dukes of the 161st and Smith of the 19th 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 566. By Senator Lee of the 29th:
A BILL to be entitled an Act to amend an Act creating the Downtown LaGrange Development Authority, approved March 5, 1975 (Ga. L. 1975, p. 2623), as amended, so as to change the limits of the Downtown LaGrange District; to repeal conflicting laws; and for other purposes.
2930
JOURNAL OF THE HOUSE
HB 947. By Representative Ashe of the 46th:
A BILL to amend an Act entitled "An Act to continue the Fulton County School Employees Pension Fund," so as to provide a postretirement benefit increase; and for other purposes.
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.
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.
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.
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.
HB 1088. By Representatives Ray of the 128th, Royal of the 164th and Purcell of the 147th:
WEDNESDAY, APRIL 3, 2002
2931
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.
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.
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.
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.
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.
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.
2932
JOURNAL OF THE HOUSE
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.
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.
HB 1274. By Representatives Johnson of the 35th, Wix of the 33rd, Manning of the 32nd, Parsons of the 40th, Golick of the 30th and others:
A BILL to provide for a homestead exemption from certain City of Smyrna ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.
HB 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.
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.
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.
WEDNESDAY, APRIL 3, 2002
2933
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.
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.
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.
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.
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.
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
2934
JOURNAL OF THE HOUSE
State may accept such agreement and determine that it resolves the matter; and for other purposes.
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.
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.
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.
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.
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
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.
WEDNESDAY, APRIL 3, 2002
2935
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.
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 additional $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.
The Senate has passed as amended, by the requisite constitutional majority, the following bills of the House:
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.
HB 1070. By Representatives Irvin of the 45th, Sims of the 167th, O'Neal of the 139th, Walker of the 141st, Lunsford of the 109th and others:
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
2936
JOURNAL OF THE HOUSE
provide the family with periodic reports on the status of such matters; and for other purposes.
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 Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
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.
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.
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,
WEDNESDAY, APRIL 3, 2002
2937
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.
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 Senate has adopted by substitute, by the requisite constitutional majority, the following resolution of the House:
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.
By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:
SB 566. By Senator Lee of the 29th:
A BILL to be entitled an Act to amend an Act creating the Downtown LaGrange Development Authority, approved March 5, 1975 (Ga. L. 1975, p. 2623), as amended, so as to change the limits of the Downtown LaGrange District; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
Representative Reichert of the 126th arose to a point of personal privilege and addressed the House.
2938
JOURNAL OF THE HOUSE
Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:
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.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 5 of Title 4 of the Official Code of Georgia Annotated, known as the "Dead Animal Disposal Act," so as to 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 4 of the Official Code of Georgia Annotated, known as the "Dead Animal Disposal Act," is amended by striking Code Section 4-5-2, relating to the definition of the term "dead animals," and inserting in its place the following:
"4-5-2. As used in this chapter, the term 'dead animals' means the carcasses, parts of carcasses, fetuses, embryos, effluent, or blood of farm livestock, including, without limitation, cattle, swine, sheep, goats, poultry, ratites, and equines equine, and alternative livestock; pet animals associated with pet dealers, kennels, animal shelters, or bird dealers licensed by the Georgia Department of Agriculture; animals processed by
WEDNESDAY, APRIL 3, 2002
2939
commercial facilities which process animals for human consumption; and animals associated with wildlife exhibitions."
SECTION 2. Said chapter is further amended by striking Code Section 4-5-3, relating to abandonment of dead animals and requirements for disposal, and inserting in its place the following:
"4-5-3. (a) It shall be unlawful for any person who owns or is caring for an animal which has died or has been killed to abandon the dead animal, its parts, or blood. Such person shall dispose of the dead animal as provided for in this chapter or in rules and regulations adopted pursuant to this chapter. Under no conditions may dead Dead animals shall not be abandoned in wells, or open pits, or surface waters of any kind on private or public land. (b) No person shall dispose of an a dead animal, its parts, or blood by burial or burning on the land of another without the permission of the owner of the land. (c) Arrangements for proper burial or burning must be made with a city or county official in order to dispose of a dead animal in a city or county dump landfill."
SECTION 3. Said chapter is further amended by striking Code Section 4-5-5, relating to methods of disposal of dead animals, and inserting in its place the following:
"4-5-5. Methods which can be used for disposal of dead animals are burning, incineration, burial, rendering, or any method using appropriate disposal technology which has been approved by the Commissioner of Agriculture. Disposal of animal carcasses dead animals by any of the approved methods must be completed within 12 24 hours after death or discovery of the carcass. Dead animals that Carcasses which are buried must be buried at least three feet below the ground level, and have not less than three feet of earth over the carcass, and must not contaminate ground water or surface water."
SECTION 4. Said chapter is further amended by striking Code Section 4-5-7, relating to disposal of carcasses and waste material by livestock sales markets and livestock slaughter establishments, and inserting in its place the following:
"4-5-7. (a) Public livestock sales markets, and livestock slaughter establishments, poultry dealers, poultry sales establishments, pet dealers, kennels, bird dealers, animal shelters, and stables licensed by the Georgia Department of Agriculture shall have a written, an approved method and place for the disposal of all dead animals portions of any carcass, including blood, effluent, and all accessory waste material involved in the handling of the carcasses of dead animals which die on or within the premises of such establishments.
2940
JOURNAL OF THE HOUSE
(b) The Commissioner of Agriculture shall approve the methods and places for disposal of such dead animals and may establish procedures, methods, and permits for disposal of dead animals."
SECTION 5. Said chapter is further amended by striking Code Section 4-5-9, relating to the prohibition of transportation of dead animals, effluent, or parts thereof, and inserting in its place the following:
"4-5-9. The Commissioner of Agriculture may prohibit or restrict, at his or her discretion, and issue permits for the hauling or transportation of dead animals or types of dead animals the body, effluent, or parts of any dead animals and order the destruction thereof in accordance with this chapter."
SECTION 6. Said chapter is further amended by striking Code Section 4-5-10, relating to promulgation of rules and regulations, and inserting in its place the following:
"4-5-10. The Commissioner of Agriculture is authorized to promulgate rules and regulations to implement and accomplish the purposes of this chapter."
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 E Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks
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
Floyd
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 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 Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T E Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes
Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn E Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell
Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell
Cooper
WEDNESDAY, APRIL 3, 2002
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 Y Howard
Y Knox Y Lane E 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 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 Shanahan Shaw Sholar Y Sims Sinkfield Y Skipper
2941
Y Taylor Teague
Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
On the passage of the Bill, by substitute, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Sholar of the 179th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
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.
2942
JOURNAL OF THE HOUSE
The following amendment was read and adopted:
Representatives Coan of the 82nd, Williams of the 83rd and Bannister of the 77th move to amend SB 414 as follows:
Line 11, page 3, after the word "color", add "font and size".
Line 14, p. 3, after the word "color" insert: "All candidates name and political party shall be printed in the same size and font."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Y Allen N Amerson Y Anderson Y Ashe Y Bannister E 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 E Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan
Y Cox Crawford
Y Cummings Y Davis E 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 N Franklin Y Gardner Y Golick N Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree
Henson
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 E 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
N 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 N Sanders Y Scheid Y Scott Y Seay
Shanahan
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 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 N Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Y Coleman, B Y Coleman, T N Collins Y Connell Y Cooper
WEDNESDAY, APRIL 3, 2002
Y Hines Y Holland Y Holmes Y Houston
Howard
Y Millar Y Mills Y Mobley Y Morris Y Mosley
Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper
2943
Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
On the passage of the Bill, as amended, the ayes were 155, nays 8.
The Bill, having received the requisite constitutional majority, was passed, as amended.
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.
Representative Sims of the 167th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
SB 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.
The following Committee substitute was read and adopted:
2944
JOURNAL OF THE HOUSE
A BILL
To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, known as the "Financial Institutions Code of Georgia," so as to 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 provide for certain types of stock and securities transactions by banks; to authorize the board of directors of a credit union to fill vacancies on the supervisory committee; to limit the powers of the supervisory committee; to change the capital and reserve requirements for credit unions; to establish reserve requirements for a central credit union; to exempt national banks and federal credit unions from licensing requirements as check cashers; to authorize the department to conduct background checks on any individual who directs the affairs or establishes policy for a licensed mortgage business; to require applicants and licensees to obtain background checks on certain employees; to authorize the department to discuss background information on employees with licensees; to eliminate the requirement of notice to the department of payment of a creditors claim; to require licensees to state in advertisements that they are licensed in 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. Chapter 1 of Title 7 of the Official Code of Georgia Annotated, known as the "Financial Institutions Code of Georgia," is amended by striking paragraphs (8) and (9) of subsection (a) of Code Section 7-1-3, relating to the objectives of the chapter and standards for construction and regulation, and inserting in their places new paragraphs (8), (9), and (10) to read as follows:
"(8) Opportunity for management of financial institutions to exercise their business judgment; and (9) Simplification and modernization of the law governing banking, trust, and other financial institutions.; and (10) As to other entities under the supervision of the department that are not financial institutions, including check cashers and mortgage lenders and brokers, to provide for:
(A) Supervision and examination of their business affairs to ensure that they operate in a manner consistent with state law; (B) Protection of the interests of consumers and service by these entities which is responsive to their consumers; and (C) Simplification and modernization of the law that governs these entities, together with the delegation of rulemaking power and administrative discretion to
WEDNESDAY, APRIL 3, 2002
2945
the department to carry out its responsibilities, keeping in mind the need for economic and technological progress in the industry."
SECTION 2. Said chapter is further amended by striking Code Section 7-1-37, relating to restrictions on the commissioner, deputy commissioners, and examiners, and inserting in its place the following:
"7-1-37. (a) Except as provided in subsections (c), and (d), and (e) of this Code section, neither the commissioner, any deputy commissioner or assistant deputy commissioner, nor any department employee with financial institution or licensee supervisory responsibilities, or any examiner employed by the department shall not directly or indirectly:
(1) Receive any money or property as a loan, gift, or otherwise from or become indebted to any financial institution or from or to any director, officer, agent, employee, attorney, or subsidiary of a financial institution; (2) Receive any money or property as a gift from any financial institution or from any director, officer, agent, employee, attorney, or subsidiary of a financial institution, unless consistent with the ethics in government policy of this state; (3) Give any money or property as a gift to any financial institution or to any director, officer, agent, employee, attorney or subsidiary of a financial institution, unless consistent with the ethics in government policy of this state. (2) (4) Own any share in or securities of a financial institution or otherwise have an ownership interest in a financial institution; or (3) (5) Engage in the business of a financial institution. (b) For purposes of this Code section and subject to subsection (c) of this Code section, the term 'financial institution' shall include a bank holding company and any subsidiary of a bank holding company. (c) Notwithstanding the provisions of subsection (a) of this Code section, the commissioner, any deputy commissioner, or assistant deputy commissioner, and any department employee with financial institution or licensee supervisory responsibilities, or examiners employed by the department may borrow money from and otherwise deal with any financial institution or subsidiary thereof existing under the laws of the United States or of any state other than this state, provided the obligee financial institution or subsidiary is not examined or regulated by the department. For the purposes of this subsection, a financial institution shall not be considered regulated solely because it is required to file an exemption from licensing under Code Section 7-1-1001 or solely because it is owned or controlled by another bank or corporation which is or may be examined or regulated by the department. All extensions of credit, including but not limited to such permitted loans, which obligate the commissioner or any deputy commissioner to such a financial institution or subsidiary, directly or contingently by way of guaranty, endorsement, or otherwise, or which renew or modify existing obligations shall be reported by the individual concerned to the Attorney General in writing, within ten days after the execution thereof, showing the nature of the
2946
JOURNAL OF THE HOUSE
undertaking and the amount and terms of the loan or other transaction. All credit obligations of a similar nature to those set forth above on the part of any assistant deputy commissioner other department employee with financial institution or licensee supervisory responsibilities or examiner shall be reported to the commissioner within ten days after the execution thereof. (d) Nothing in this Code section shall prohibit the commissioner, any deputy commissioner, any assistant deputy commissioner, department employee with financial institution or licensee supervisory responsibilities, or any examiner of the department from maintaining a deposit in any financial institution, purchasing banking services other than credit services, or owning a single share in a credit union in the ordinary course of business and under rates and terms generally available to other customers of the financial institution. The provisions of this Code section shall not be applicable in the cases of a lender credit card obligation to a financial institution where the maximum outstanding credit may not exceed $10,000.00 nor to any other credit obligation fully secured by the pledge of a deposit account in the lending institution, provided that the financial institution is not within the employees assigned examination authority and provided the rates and terms of all such obligations are not preferential in comparison to similar obligations of the financial institutions other customers. Such exempt obligations shall, however, be reported as provided in subsection (c) of this Code section, and the employee shall be disqualified from any dealings with the obligee financial institution.
(e)(1) The commissioner, a deputy commissioner, a department employee with financial institution or licensee supervisory responsibilities, or an examiner of the department may be permitted to own securities of a financial institution under any of the following circumstances:
(A) A deputy commissioner, a department employee with financial institution or licensee supervisory responsibilities, or an examiner of the department may own such a security if the security was obtained prior to commencement of employment with the department; (B) A deputy commissioner, a department employee with financial institution or licensee supervisory responsibilities, or an examiner of the department may own such a security if the ownership of the security was acquired through inheritance; gift; stock split or dividend; merger, acquisition, or other change in corporate structure; or otherwise without specific intent on the part of the employee to acquire the interest; and (C) The commissioner, a deputy commissioner, a department employee with financial institution or licensee supervisory responsibilities or an examiner of the department may own such a security if the security is part of an investment fund, provided that, upon initial or subsequent investment by the employee, excluding ordinary dividend reinvestment, the fund does not have invested, or indicate in its prospectus the intent to invest, more than 30 percent of its assets in the securities of one or more Federal Deposit Insurance Corporation insured depository institutions or Federal Deposit Insurance Corporation insured depository institution holding
WEDNESDAY, APRIL 3, 2002
2947
companies and the employee neither exercises control nor has the ability to exercise control over the financial interests held in the fund. (2) In the case of permissible acquisitions pursuant to subparagraphs (A) and (B) of paragraph (1) of this subsection, the employee shall make a full, written disclosure to the commissioner within 30 days of beginning employment or acquiring the interest. The employee is disqualified from participating in or sharing information regarding any matter or activity that concerns the financial institution. Such disqualification must not, in the judgment of the commissioner, unduly interfere with the employees duties. (3) In the event any covered person inadvertently and without intent on his or her part acquires an interest in a security that is not allowed by this subsection, such security shall be disposed of within 90 days of acquisition. (e)(f) No examiner, which for the purposes of this Code section shall include a supervisor as defined by the department, may examine a financial institution to which he or she is indebted or of which he or she owns securities under the exceptions in subparagraphs (e)(1)(A) and (e)(1)(B) of this Code section, nor may an examiner obtain credit from a financial institution if he or she has examined such financial institution in the preceding 12 months. An examiner who wishes to borrow funds from any financial institution he or she has examined in the past five years must first obtain the written permission of the commissioner. This subsection is included as an additional precaution and is not intended to preclude the operation of any other applicable law or regulation. (g) The commissioner, any deputy commissioner, any department employee with financial institution or licensee supervisory responsibility, or any examiner shall not directly or indirectly: (1) Receive any money or property as a loan from any department licensee or any director, officer, agent, employee, or attorney of a department licensee, unless such employee does not examine or exercise supervisory responsibility over that licensee. Any debt owed by a deputy commissioner, department employee with financial institution or licensee supervisory responsibility, or examiner of a department licensee must be reported to the commissioner. Reporting by the commissioner shall be made to the Attorney General; (2) Receive any money or property as a gift from any department licensee or any director, officer, agent, employee, or attorney of a department licensee, unless consistent with the ethics in government policy of this state; (3) Give any money or property as a gift to any department licensee or any director, officer, agent, employee, or attorney of a department licensee, unless consistent with the ethics in government policy of this state; or (4) Engage in the business of a department licensee. (f)(h) No director, officer, agent, employee, or attorney of a financial institution, individually or in his or her official capacity, shall knowingly participate in a violation of this Code section. However, nothing in this Code section shall restrict the right of the commissioner, any deputy commissioner, any department employee with financial institution or licensee supervisory responsibilities, or any examiner to deal as any other
2948
JOURNAL OF THE HOUSE
consumer with such director, officer, agent, employee, or attorney in the ordinary course of business in consumer areas of trade or commerce not regulated by the department and under terms and conditions which are not preferential. (g) (i) The commissioner, any deputy commissioner, or assistant deputy commissioner, any department employee with financial institution or licensee supervisory responsibilities, or any examiner employed by the department who shall violate or participate in a violation of this Code section shall be guilty of a misdemeanor. Violation of this Code section shall be grounds for removal from office. (h) (j) The commissioner may adopt additional supplementary administrative policies and departmental rules governing ethical conduct and conflicts of interest on the part of employees of the department and providing certain definitions and clarifications to effectuate the purposes of this Code section."
SECTION 3. Said chapter is further amended by striking Code Section 7-1-41, relating to the prescribing of fees, and inserting in its place the following:
"7-1-41. (a) The department may, by regulation, prescribe annual examination fees, license fees, registration fees, and supervision fees to be paid by the institutions and entities assigned to the department by this title for regulation, supervision, licensure, or registration. In addition, the department may, by regulation, prescribe reasonable application and related fees, special investigation fees, hearing fees, mortgage loan fees, and fees to provide copies of any book, account, report, or other paper filed in its office or for any certification thereof or for processing any papers as required by this title. Such fees may vary by type of institution regulated and nature of the work performed. (b) The department, in its discretion, may require the payment of such fees in any manner deemed to be efficient, including collection through automated clearing-house arrangements or other electronic means, so that the state receives funds no later than the date the payment is required to be made."
SECTION 4. Said chapter is further amended by striking subsection (b) of Code Section 7-1-70, relating to disclosure of information, and inserting in its place the following:
"(b) Subject to the exceptions, safeguards, and limitations contained in subsection (c) of this Code section, the restrictions of subsection (a) of this Code section shall not apply to disclosures:
(1) Within the department or made to the Governor in the course of official duties; (2) Required by law, including disclosures required by subpoena or other legal process of a court or administrative agency having competent jurisdiction in legal proceedings and, where applicable, when the financial institution is a party or where the information is not otherwise available upon direct subpoena of a financial institution;
WEDNESDAY, APRIL 3, 2002
2949
(3) In prosecutions or other court actions to which the department or the commissioner is a party; (4) Made to federal bank or state financial institution supervisory agencies, other federal or state regulatory agencies with legal authority over such institution, the United States Department of Justice (including the Federal Bureau of Investigation), the United States Department of the Treasury, the Georgia Bureau of Investigation, or state or local law enforcement authorities; (5) Made to any officer, attorney, or director of the financial institution involved or with the written consent of said financial institution; (6) Made in a summary of condition of financial institutions published by the department; publication of the department which is available to the general public; (7) Of general economic and similar data considered by the department in regard to requests for new articles, new branches, changes in the location of facilities, or similar matters made to parties interested in the departments action in regard thereto; and (8) Made to a financial institution concerning the past job performance of a prospective employee with the written consent of such prospective employee, provided such written consent shall not be required in circumstances provided for in Code Section 7-1-840."
SECTION 5. Said chapter is further amended by striking subsection (a) of Code Section 7-1-288, relating to corporate stocks and securities, and inserting in its place the following:
"(a) Except as provided in subsections (b) and (c) of this Code section and in Code Section 7-1-261, a A bank may not engage in any transaction with respect to shares of stock or other capital securities of any corporation in accordance with this Code section and in other instances as provided in state or federal law."
SECTION 6. Said chapter is further amended by striking paragraph (5) of subsection (a) of Code Section 7-1-656, relating to the duties of directors, meetings, and applicability of Code Section 7-1-490, and inserting in its place the following:
"(5) To fill vacancies on the board of directors, and credit committee, and supervisory committee until the election and qualification of a successor;"
SECTION 7. Said chapter is further amended by striking Code Section 7-1-657, relating to the duties of a supervisory committee, inspections, and comprehensive annual audits, and inserting in its place the following:
"7-1-657. (a) The supervisory committee shall supervise the acts of the credit committee and officers, any or all of whom the supervisory committee may, at any time by a unanimous vote, suspend. Within seven days after such suspension, the supervisory committee shall cause notice to be given to the board of directors and to the department
2950
JOURNAL OF THE HOUSE
of a special meeting to take action on such suspension; such notice shall clearly indicate the purpose of the meeting. By a majority vote the committee may call a meeting of the board of directors to consider any violation of this article or of the bylaws or any practice of the credit union which, in the opinion of the committee, is unsafe or unauthorized. Notice of such meeting shall also be given to the department. The supervisory committee shall be responsible for securing a comprehensive audit of the credit union at least once each year. The committee may employ the services of an independent accountant or firm of such accountants or the internal auditors of any sponsoring group, concern, or association of credit unions to make such comprehensive audit. The results of the audit shall be submitted to the board and the committee shall present a summary of the results of the audit to the membership. The committee shall make recommendations to the board for the correction of any deficiencies disclosed by the audit. The annual audit shall include a confirmation of the share, deposit, and loan accounts of the members and such other procedures as the department might require. The annual audit shall be preserved with the records of the credit union and a copy shall be filed with the department. (b) As frequently as it deems necessary, the The supervisory committee, shall from time to time, may conduct or cause to be conducted other audit functions or reviews of operations or may make or cause to be made an inspection of the assets and the liabilities of the credit union. The committee shall report the results of any such reviews to the board of directors and shall be responsible for making specific recommendations to the board regarding any unsafe, unsound, or unauthorized activities discovered. At least once each calendar year the supervisory committee shall cause to be made a comprehensive audit and submit a report of the same to the board and a summary of that report at the next annual meeting of the members of the credit union. The supervisory committee may employ the services of an independent accountant or firm of such accountants or the internal auditors of any sponsoring group or concern or association of credit unions to make such comprehensive audit. The annual audit shall include a confirmation of the share, deposit, and loan accounts of the members and such other procedures as the department might require. The annual audit shall be preserved with the records of the credit union and a copy filed with the department. "
SECTION 8. Said chapter is further amended by striking Code Section 7-1-659, relating to entrance fees, reserves, and the exclusion of state and federal credit union reserves from tax calculation, and inserting in its place the following:
"7-1-659. (a) A credit union may charge entrance fees as provided in the bylaws. All such fees shall, after payment of organizational expense, be known as reserve income and shall be added to the regular reserve of the credit union. (b) Immediately before the payment of each dividend, the gross earnings of the credit union shall be determined. There shall be set aside from that amount as a regular reserve against an allowance for loan and lease losses on loans and contingencies, sums
WEDNESDAY, APRIL 3, 2002
2951
adequate to cover such anticipated losses, based on the risk characteristics of the loan portfolio. not less than those calculated in accordance with the following schedule:
(1) Five percent of gross income until the regular reserve shall equal 7 1/2 percent of the total of outstanding loans and risk assets; (2) Whenever the regular reserve falls below 7 1/2 percent of the total of outstanding loans and risk assets, it shall be replenished as provided in paragraph (1) of this subsection. (c) The regular reserve shall belong to the credit union and shall be used to meet losses and shall not be distributed except on dissolution of the credit union. All credit unions shall be subject to the capital and reserve requirements of Part 702 of the Rules and Regulations of the National Credit Union Administration, known as Prompt Corrective Action. Credit unions that are less than ten years old shall operate according to a business plan which shall contain requirements for reserves and which shall be approved by the department. The department shall have the discretion to require additional capital and reserves to assure the safety and soundness of any credit union. (d) In addition to such regular reserves, special reserves to protect the interest of members shall be established when found necessary in any special case by the board of directors of the credit union or by the department. (e) For the purpose of this Code section, the term 'risk assets' shall mean all assets of the credit union except: (1) Cash on hand; (2) Deposits made pursuant to subparagraph (4)(D) of Code Section 7-1-650; (3) Assets which are insured by, fully guaranteed as to principal and interest by, or due from the United States government, its agencies, the Federal National Mortgage Association, or the Government National Mortgage Association; (4) Loans to students under Title IV, Part B of the Higher Education Act of 1965 or a similar state insurance program; (5) Loans insured under Title I of the National Housing Act by the Federal Housing Administration; (6) Loans to other credit unions; (7) Shares or deposits in other credit unions; (8) Investments authorized by this article; (9) Prepaid expenses; (10) Accrued interest on nonrisk investments; (11) Furniture and equipment; and (12) Land and buildings. (f)(e) All reserves of credit unions or federal credit unions established in accord with generally accepted accounting procedures principles or upon the specific direction of the department or any federal regulatory body or for the purpose of complying with any conditions lawfully imposed by the department or any federal regulatory body shall not be considered as surplus or undivided profits of any credit union for tax purposes."
2952
JOURNAL OF THE HOUSE
SECTION 9. Said chapter is further amended by striking subsections (f) and (g) of Code Section 7-1669, relating to central credit unions, and inserting in their places the following:
"(f) The commissioner may issue such special regulations as he or she may deem prudent or necessary to allow the a central credit union to promote effectively the liquidity and sound financial management of its member credit unions without unduly endangering its own liquidity and sound financial condition. Such special regulations need not be applicable to all credit unions but may be applicable only to the central credit union. The central credit union shall be exempt from the provisions relating to the establishment of a regular reserve as set forth in Code Section 7-1-659 but, in lieu thereof, shall maintain a reserve fund as required by regulations promulgated by the commissioner. Such regulations shall not call for a reserve fund or annual transfers to the reserve fund in excess of those required by Code Section 7-1-659. The central credit union shall maintain an adequate allowance for loan and lease losses in accordance with generally accepted accounting principles and such other reserves as may be required by the rules and regulations of the department. (g) A central credit union shall have all the rights and powers of any other credit union organized under this chapter and the additional rights and powers specified in this Code section, notwithstanding any limitations or restrictions found elsewhere in this chapter."
SECTION 10. Said chapter is further amended by striking subsection (a) of Code Section 7-1-709, relating to the applicability of the article, and inserting in its place the following:
"(a) This article shall not apply to any bank, trust company, credit union, building and loan association, or savings and loan association which is chartered under the laws of this state or under federal law and domiciled in this state which has lawfully entered this state to engage in a banking business."
SECTION 11. Said chapter is further amended by striking Code Section 7-1-1004, relating to the investigation of an applicant and its officers, audit, education, experience, and other requirements relative to licensees and registrants, and inserting in its place the following:
"7-1-1004. (a) Upon receipt of an application for license, the department shall conduct such investigation as it deems necessary to determine that the applicant and its officers, directors, and principals the individuals who direct the affairs or establish policy for the licensee, including the officers, directors, or the equivalent, are of good character and ethical reputation; that the applicant and such persons meet the requirements of subsection (d) of this Code section; that the applicant and such persons demonstrates demonstrate reasonable financial responsibility; that the applicant has reasonable policies and procedures to receive and process customer grievances and inquiries promptly and fairly; and that the applicant has and maintains a registered agent for service in this state.
WEDNESDAY, APRIL 3, 2002
2953
(b) The department shall not license any applicant unless it is satisfied that the applicant may be expected to operate its mortgage lending or brokerage activities in compliance with the laws of this state and in a manner which protects the contractual and property rights of the citizens of this state. (c) The department may establish by rule or regulation minimum education or
experience requirements for an applicant for a mortgage broker license or renewal of such a license. (d) The department may not issue or may revoke a license if it finds that the applicant, or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant or any individual who directs the affairs or establishes policy for the licensee, has been convicted of a felony involving moral turpitude in any jurisdiction or of a crime which, if committed within this state, would constitute a felony involving moral turpitude under the laws of this state. For the purposes of this article, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty to a charge thereof before a court or federal magistrate or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, and regardless of whether first offender treatment without adjudication of guilt pursuant to the charge was entered, unless and until such plea of guilty, or such decision, judgment, or verdict, shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or until probation, sentence, or both probation and sentence of a first offender have been successfully completed and documented or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the Governor or other pardoning authority in the jurisdiction where the conviction was had or shall have received an official certification or pardon granted by the State Board of Pardons and Paroles which removes the legal disabilities resulting from such conviction and restores civil and political rights in this state. (e) The department shall be authorized to obtain conviction data with respect to any applicant or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant and any individual who directs the affairs of the company or establishes policy. Upon receipt of information from the Georgia Crime Information Center that is incomplete or that indicates an applicant or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant has a criminal record in any state other than Georgia, the The department shall submit to the Georgia Crime Information Center two complete sets of fingerprints of such applicant or such person, together with the required records search fees, and such other information as may be required. Fees for background checks that the department administers shall be sent to the department by applicants and licensees together with the fingerprints. Applicants and licensees shall have the primary responsibility for obtaining background checks of covered employees which are defined as employees who work in this state and also have the authority to enter, delete, or verify any information on any mortgage loan application form or
2954
JOURNAL OF THE HOUSE
document. The department shall, however, retain the right to obtain conviction data on covered employees. (f) Every licensee and applicant shall be authorized and required to obtain background checks on covered employees. Such background checks shall be handled by the Georgia Crime Information Center pursuant to Code Section 35-3-34 and the rules and regulations of the Georgia Crime Information Center. Licensees and applicants shall be responsible for any applicable fees charged by the center. An applicant or licensee may employ a person whose background must be checked and has 90 days from the date of hire to obtain satisfactory background data. This provision does not apply to directors, officers, partners, agents, or ultimate equitable owners of 10 percent or more or to persons who direct the companys affairs or establish policy, whose background must have been investigated through the department before taking office, beginning employment, or securing ownership. Upon receipt of information from the Georgia Crime Information Center that is incomplete or that indicates an employee has a criminal record in any state other than Georgia, the employer shall submit to the department two complete sets of fingerprints of such person, together with the applicable fees and any other required information. The department shall submit such fingerprints as provided in subsection (e) of this Code section. (g) Upon receipt thereof of fingerprints, fees, and other required information, the Georgia Crime Information Center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notify the department in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check, or if there is no such finding. All conviction data received by the department or by the applicant or licensee shall be used by the party requesting such data department for the exclusive purpose of carrying out the responsibilities of this article, shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency except to any person or agency which otherwise has a legal right to inspect the file. The department shall be entitled to review any applicants or licensees files to determine whether the required background checks have been run and whether all covered employees are qualified. The department shall be authorized to discuss the status of employee background checks with licensees. All such records shall be maintained by the department and the applicant or licensee pursuant to laws regarding such records and the rules and regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as applicable. As used in this subsection, 'conviction data' means a record of a finding, verdict, or plea of guilty or plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought, subject to the conditions set forth in subsection (d) of this Code section. Violation of this Code section may subject a licensee to the revocation of its license. (f)(h) The department may deny or revoke a license or otherwise restrict a license if it finds that the applicant or any person who is a director, officer, partner, agent, or
WEDNESDAY, APRIL 3, 2002
2955
ultimate equitable owner of 10 percent or more or person who directs the company's affairs or establishes policy of the applicant has had a license denied, revoked, or suspended within three years of the date of the application. (g)(i) The department may not issue a license to and may revoke a license from an applicant or licensee if such person employs any other person against whom a final cease and desist order has been issued within the preceding three years, if such order was based on a violation of Code Section 7-1-1013 or based on the conducting of a mortgage business without a required license, or whose license has been revoked within three years of the date such person was hired. (h)(j) Within 90 days after receipt of a completed application and payment of licensing fees prescribed by this article, the department shall either grant or deny the request for license. (i)(k) A person shall not be indemnified for any act covered by this article or for any fine or penalty incurred pursuant to this article as a result of any violation of the law or regulations contained in this article, due to the legal form, corporate structure, or choice of organization of such person, including but not limited to a limited liability company."
SECTION 12. Said chapter is further amended by striking subsection (b) of Code Section 7-1-1007, relating to a licensee giving notice of certain actions brought against it by a creditor or borrower and notice to the department of cancellation of bond, and inserting in its place the following:
"(b) A corporate surety shall, within ten days after it pays any claim to any creditor or claimant, give notice to the department by registered or certified mail or statutory overnight delivery of such payment with details sufficient to identify the claimant or creditor and the claim or judgment so paid. Whenever the principal sum of such bond is reduced by one or more recoveries or payments thereon, the licensee shall furnish a new or additional bond so that the total or aggregate principal sum of such bond or bonds shall equal the sum required under Code Section 7-1-1003 or 7-1-1004 or shall furnish an endorsement duly executed by the corporate surety reinstating the bond to the required principal sum thereof."
SECTION 13. Said chapter is further amended by striking Code Section 7-1-1016, relating to regulations relative to advertising, and inserting in its place the following:
"7-1-1016. In addition to such other rules, regulations, and policies as the department may promulgate to effectuate the purpose of this article, the department shall prescribe regulations governing the advertising of mortgage loans, including without limitation the following requirements:
(1) Advertisements for loans regulated under this article may not be false, misleading, or deceptive. No person whose activities are regulated under this article may
2956
JOURNAL OF THE HOUSE
advertise in any manner so as to indicate or imply that its interest rates or charges for loans are in any way 'recommended,' 'approved,' 'set,' or 'established' by the state or this article; (2) All advertisements disseminated primarily in this state by a licensee or a registrant shall contain the name, license number, and an office address of such licensee or registrant, which shall conform to a name and address on record with the department; and (3) No licensee shall advertise its services in Georgia in any media disseminated primarily in this state, whether print or electronic, without the words 'Georgia Residential Mortgage Licensee.' or, for those advertisers licensed in more than one state, a listing of Georgia as a state in which the advertiser is licensed."
SECTION 14. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson Y Anderson Y Ashe Y Bannister E 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 E Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell
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 Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell
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 E Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y 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 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 E Tillman Y Turnquest Y Twiggs Y Unterman
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
WEDNESDAY, APRIL 3, 2002
Y Heard Heckstall
Y Hembree Y Henson Y Hines
Holland Y Holmes Y Houston Y Howard
Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley
Morris Y Mosley
Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
2957
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.
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.
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 E 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 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 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
Knox Y Lane E Lanier Y Lewis
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 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 Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper E Tillman
2958
Y Bulloch Y Bunn E Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
JOURNAL OF THE HOUSE
Y Grasse 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 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 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 Turnquest 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
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 Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 1413 Do Pass HR 1492 Do Pass HR 1493 Do Pass HR 1592 Do Pass
SR 500 Do Pass SR 604 Do Pass SR 826 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:
WEDNESDAY, APRIL 3, 2002
2959
Mr. Speaker:
Your Committee on State Institutions and Property has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 854 Do Pass, by Substitute
Respectfully submitted, /s/ Lucas of the 124th
Chairman
The Speaker announced the House in recess until 1:30 o'clock this afternoon.
2960
JOURNAL OF THE HOUSE AFTERNOON SESSION
The Speaker called the House to order.
The following Resolutions of the House were read:
HR 1596. By Representatives Hudson of the 120th and Parham of the 122nd:
A RESOLUTION commending the Georgia College & State University Lady Bobcats basketball team; and for other purposes.
HR 1597. By Representatives Childers of the 13th, Gardner of the 47th, Jackson of the 148th, Jennings of the 63rd and Randall of the 127th:
A RESOLUTION commending Mrs. Betty Lyons; and for other purposes.
HR 1598. By Representative Pelote of the 149th:
A RESOLUTION expressing regret at the passing of Lumis Baker, Jr.; and for other purposes.
HR 1599. By Representative Pelote of the 149th:
A RESOLUTION expressing regret at the passing of Jesse Leroy Pelote; and for other purposes.
HR 1600. By Representatives Yates of the 106th and Sanders of the 107th:
A RESOLUTION recognizing and commending Dr. Coy L. Hodges; and for other purposes.
HR 1601. By Representatives Epps of the 131st, Parrish of the 144th, Coleman of the 142nd and Channell of the 111th:
WEDNESDAY, APRIL 3, 2002
2961
A RESOLUTION recognizing Atlanta businessman and civic leader Irwin Greenbaum and expressing condolences to his family and employees upon his passing; and for other purposes.
HR 1602. By Representative Epps of the 131st: A RESOLUTION honoring Frank Pike; and for other purposes.
HR 1603. By Representative Channell of the 111th:
A RESOLUTION commending and congratulating Michael Miller and the Lake Oconee DUI and Defensive Driving Institute; and for other purposes.
HR 1604. By Representatives Hembree of the 98th and Stallings of the 100th: A RESOLUTION commending Jim C. Beck; and for other purposes.
HR 1605. By Representative Birdsong of the 123rd:
A RESOLUTION in memory of Ronnie Joseph Stevens; and for other purposes.
HR 1606. By Representatives Drenner of the 66th, Gardner of the 47th, Turnquest of the 73rd, Orrock of the 56th, Harrell of the 62nd and others:
A RESOLUTION recognizing Tuesday, April 9, 2002, as AIDS Awareness Day at the state capitol; and for other purposes.
HR 1607. By Representative Hembree of the 98th: A RESOLUTION commending Sandy Wilson; and for other purposes.
HR 1608. By Representatives Smith of the 103rd, Brown of the 130th, Westmoreland of the 104th and Yates of the 106th:
2962
JOURNAL OF THE HOUSE
A RESOLUTION commending Vernon "Mutt" Hunter; and for other purposes.
HR 1609. By Representatives Smith of the 103rd, Brown of the 130th, Westmoreland of the 104th and Yates of the 106th:
A RESOLUTION commending James Wendell Whitlock; and for other purposes.
HR 1610. By Representatives Twiggs of the 8th, Walker of the 141st and Skipper of the 137th:
A RESOLUTION commending Hannah Nicole York; 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 E 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 Buckner Y Bulloch Y Bunn E Burkhalter Burmeister Y Byrd Y Callaway Campbell Y Cash Y Channell Childers
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
Floyd Y Forster
Franklin Y Gardner
Golick Y Grasse Y Graves Y Greene Y Hammontree
Hanner Harbin Y Harrell Y Heard Heckstall Y Hembree
Y Hudgens Y Hudson, N
Hudson, S Y Hugley
Irvin Y Jackson, B
Jackson, L James Jamieson Y Jenkins Y Jennings Y Johnson Jordan Joyce E Kaye Y Keen Y Knox Y Lane E Lanier Y Lewis Y Lord Lucas Y Lunsford Maddox Y Mangham Y Manning Massey Y McBee Y McCall Y McClinton
Y Mueller Y Muntean Y O'Neal Y Orrock
Parham Parrish Y Parsons Y Pelote Y Pinholster Y Poag Porter Powell Y Purcell Ragas Randall Ray Reece Y Reed Reichert Rice Richardson Y Roberts, D Y Roberts, L Y Rogers Royal Sailor Y Sanders Y Scheid Y Scott Y Seay
Smith, B Smith, C Smith, C.W Smith, L Y Smith, P Smith, T E Smith, V Smyre Y Snelling Y Snow Y Squires Y Stallings Stanley Stanley-Turner Y Stephens Y Stokes E Taylor Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman Walker, L Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Wilkinson
Coan Y Coleman, B
Coleman, T Collins Y Connell Cooper
WEDNESDAY, APRIL 3, 2002
Henson Y Hines
Holland Y Holmes Y Houston
Howard
McKinney Y Millar E Mills
Mobley Y Morris Y Mosley
Y Shanahan Y Shaw
Sholar Y Sims
Sinkfield Y Skipper
On the adoption of the Resolutions, the ayes were 107, nays 0. The Resolutions were adopted.
2963
Willard Y Williams, J
Williams, R Y Wix Y Yates
Murphy, Speaker
Representative Royal of the 164th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 1592. By Representatives Snow of the 2nd, Murphy of the 18th, Joyce of the 1st, Reece of the 11th, Walker of the 141st and others:
A RESOLUTION inviting certain officials and employees from Walker County and state government 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 1611. By Representatives Smith of the 169th, Mosley of the 171st and Boggs of the 168th:
A RESOLUTION recognizing the Blackshear High School FFA String Band and honoring S.V. Lee, Gene Davis, and Tony Cason and inviting them to appear before the House of Representatives; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
2964
JOURNAL OF THE HOUSE
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.
The report of the Committee, which was favorable to the 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 E 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
Bunn E Burkhalter
Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell
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
Floyd N Forster N Franklin Y Gardner Y Golick Y Grasse Y Graves N Greene N Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall
Y Hudgens Y Hudson, N
Hudson, S Y Hugley Y Irvin Y Jackson, B
Jackson, L James Jamieson E Jenkins Y Jennings Y Johnson Jordan N Joyce E Kaye Y Keen N Knox Lane E Lanier N Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Massey Y McBee Y McCall
Y Mueller N Muntean Y O'Neal Y Orrock
Parham Y Parrish Y Parsons Y Pelote Y Pinholster N Poag
Porter Y Powell N Purcell Y Ragas
Randall Ray N Reece Y Reed Y Reichert Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Sailor Y Sanders Y Scheid N Scott
Y Smith, B Smith, C Smith, C.W
Y Smith, L Y Smith, P Y Smith, T E Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings
Stanley Stanley-Turner Y Stephens Stokes E Taylor Teague Y Teper E Tillman Y Turnquest Twiggs Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles
Y Childers Coan
Y Coleman, B Y Coleman, T Y Collins Y Connell N Cooper
WEDNESDAY, APRIL 3, 2002
Y Hembree Henson
Y Hines Y Holland Y Holmes N Houston
Howard
Y McClinton McKinney
Y Millar E Mills Y Mobley N Morris Y Mosley
Y Seay Y Shanahan Y Shaw
Sholar N Sims
Sinkfield Y Skipper
2965
Y Wilkinson Y Willard Y Williams, J Y Williams, R
Wix Y Yates
Murphy, Speaker
On the passage of the Bill, the ayes were 116, nays 16. The Bill, having received the requisite constitutional majority, was passed.
Representative Sholar of the 179th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Allen N Amerson Y Anderson Y Ashe Y Bannister E Barnard Y Barnes N Bell Y Benfield Y Birdsong Y Black
N Cox Y Crawford Y Cummings
Davis E Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner
N Hudgens Y Hudson, N
Hudson, S Y Hugley Y Irvin N Jackson, B Y Jackson, L Y James Y Jamieson E Jenkins Y Jennings
Mueller N Muntean N O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote N Pinholster Y Poag Y Porter
N Smith, B Y Smith, C Y Smith, C.W Y Smith, L
Smith, P Y Smith, T E Smith, V Y Smyre Y Snelling Y Snow Y Squires
2966
Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner N Bulloch N Bunn E Burkhalter N Burmeister Y Byrd N Callaway N Campbell
Cash Y Channell Y Childers E Coan N Coleman, B
Coleman, T Y Collins
Connell Y Cooper
JOURNAL OF THE HOUSE
Y Dukes Ehrhart
Y Epps Y Everett Y Floyd Y Forster N Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree
Hanner Y Harbin N Harrell Y Heard
Heckstall Y Hembree Y Henson N Hines Y Holland Y Holmes Y Houston
Howard
Y Johnson Y Jordan N Joyce E Kaye N Keen Y Knox Y Lane E Lanier N Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning E Massey Y McBee Y McCall Y McClinton
McKinney N Millar N Mills Y Mobley Y Morris Y Mosley
Powell Y Purcell Y Ragas
Randall Ray Y Reece Y Reed Y Reichert E Rice Y Richardson Y Roberts, D Y Roberts, L Rogers Y Royal Sailor N Sanders Y Scheid Y Scott Y Seay Y Shanahan Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes E Taylor Y Teague Y Teper E Tillman Y Turnquest Y Twiggs N Unterman Y Walker, L N Walker, R.L Y Watson Y West Y Westmoreland Y Wiles
Wilkinson N Willard N Williams, J N Williams, R Y Wix N Yates
Murphy, Speaker
On the passage of the Bill, the ayes were 118, nays 30. 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.
Due to a machine malfunction, Representative Bell of the 25th was recorded as voting "nay".
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.
WEDNESDAY, APRIL 3, 2002
2967
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 E 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 Y Burmeister Y Byrd Y Callaway Y Campbell
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 E Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes
Ehrhart Y Epps Y Everett Y Floyd N Forster N Franklin Y Gardner
Golick Y Grasse Y Graves Y Greene Y Hammontree
Hanner Harbin Y Harrell Y Heard Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Howard
Y Hudgens Y Hudson, N
Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson E Jenkins Y Jennings Y Johnson Y Jordan N Joyce E Kaye Y Keen Y Knox Y Lane E 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 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 Y Reed Y Reichert E 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 Sholar 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 Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes E 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
Wilkinson Willard Y Williams, J Y Williams, R Y Wix Y Yates Murphy, Speaker
On the adoption of the Resolution, the ayes were 142, nays 4. The Resolution, having received the requisite constitutional majority, was adopted.
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.
2968
JOURNAL OF THE HOUSE
SB 276. By Senators Meyer von Bremen of the 12th, Hecht of the 34th and Lee of the 29th:
A BILL to be entitled an Act to amend Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting attorneys, so as to change the procedures relating to the appointment of a substitute for a district attorney or solicitor-general who is disqualified from engaging in a prosecution; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the 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 E 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
Cash Y Channell Y Childers E Coan Y Coleman, B
Y Cox Y Crawford Y Cummings Y Davis E Day Y Dean
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 Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree
Henson Y Hines
Y Hudgens Y Hudson, N
Hudson, S Y Hugley
Irvin Jackson, B Y Jackson, L Y James Y Jamieson E Jenkins Y Jennings Y Johnson Y Jordan Y Joyce E Kaye Y Keen Y Knox Y Lane E 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 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 Y Reed Y Reichert E Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw
Y 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 Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes E 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 Coleman, T Y Collins Y Connell
Cooper
WEDNESDAY, APRIL 3, 2002
Y Holland Y Holmes Y Houston
Howard
Y Mills Y Mobley Y Morris Y Mosley
Y Sholar Sims
Y Sinkfield Y Skipper
2969
Y Williams, R Y Wix Y 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.
SB 119. By Senators Walker of the 22nd and Hill of the 4th:
A BILL to be entitled an Act to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to provide for the licensing of mental health therapists and associate mental health therapists; to change the provisions relating to the short title, legislative purpose, and definitions; to change the provisions relating to the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, and standards committees thereof; to change the provisions prohibiting the unlicensed practice of specialties and the use of certain titles and change the exceptions to such prohibitions; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to provide for changes in the definitions of professional counseling and marriage and family therapy; to provide for licensure of masters in psychology graduates as professional counselors; 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 10A of Title 43 of the Official Code of Georgia Annotated, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," is
2970
JOURNAL OF THE HOUSE
amended by striking paragraphs (8) and (10) of Code Section 43-10A-3, relating to definitions, and inserting in their respective places the following:
"(8) 'Marriage and family therapy' means that specialty which evaluates and treats emotional and mental problems and conditions, whether cognitive, affective, or behavioral, resolves intrapersonal and interpersonal conflicts, and changes perception, attitudes, and behavior; all within the context of marital and family systems. Marriage and family therapy includes, without being limited to, individual, group, couple, sexual, family, and divorce therapy. Marriage and family therapy involves an applied understanding of the dynamics of marital and family systems, including individual psychodynamics, the use of assessment instruments that evaluate marital and family functioning, designing and recommending a course of treatment, and the use of psychotherapy and counseling." "(10) 'Professional counseling' means that specialty which utilizes counseling techniques based on principles, methods, and procedures of counseling that assist people in identifying and resolving personal, social, vocational, intrapersonal and interpersonal concerns; utilizes counseling and psychotherapy to evaluate, and treat, and recommend a course of treatment for emotional and mental problems and conditions, whether cognitive, behavioral, or affective, provided that the counselor shall have training and experience working with people with mental illness, mental retardation, or substance abuse; administers and interprets educational and vocational assessment instruments and other tests which the professional counselor is qualified to employ by virtue of education, training, and experience; utilizes information, and community resources, and goal setting for personal, social, or vocational development; utilizes individual and group techniques for facilitating problem solving, decision making, and behavior change; utilizes functional assessment and vocational planning and guidance for persons requesting assistance in adjustment to a disability or disabling condition; utilizes referral for persons who request counseling services; performs service planning; and utilizes and interprets counseling research."
SECTION 2. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 43-10A-11, relating to requirements for licensure in professional counseling, and inserting in its place the following:
"(1) For licensure as an associate professional counselor, a masters degree from a recognized educational institution in a program that is primarily counseling in content or in a program of applied psychology, which degree includes a supervised internship or practicum as part of the degree program and registration with the board of an acceptable contract for obtaining the post-masters experience under direction and supervision required for licensure as a professional counselor; and".
SECTION 3. Said chapter is further amended in Code Section 43-10A-11, relating to requirements for licensure for professional counseling, by striking the period at the end of subparagraph
WEDNESDAY, APRIL 3, 2002
2971
(a)(2)(D) and inserting in its place "; or" and by adding a new subparagraph (a)(2)(E) to read as follows:
"(E) A masters degree from a recognized educational institution in a program of applied psychology with supervised internship or practicum and four years of postmasters directed experience under supervision in a setting acceptable to the board. Up to one year of such experience may have been in an approved practicum placement as part of the degree program. Supervision of the practicum or internship and the post-masters directed experience shall be provided by a supervisor, as defined in paragraph (16) of Code Section 43-10A-3, except that such supervision may be provided all or in part by a psychologist or, before January 1, 2004, by a person with a masters degree from a recognized educational institution in a program of applied psychology."
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 N Bannister E 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 E Burkhalter Y Burmeister Y Byrd Y Callaway
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
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 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 E Kaye Y Keen Y Knox Y Lane E 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 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 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 Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes E Taylor Y Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson
2972
Y Campbell Y Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
JOURNAL OF THE HOUSE
Y Harrell Y Heard
Heckstall Y Hembree
Henson Y Hines Y Holland Y Holmes Y Houston Y Howard
E Massey Y McBee Y McCall
McClinton McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley
Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper
Y West Y Westmoreland Y Wiles
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 152, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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.
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 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; to provide that the Professional Standards Commission is authorized to deny a certificate to an applicant, revoke or suspend a certificate, or otherwise discipline the holder of a certificate; to provide for an opportunity for hearing; to provide that members of the Professional Standards Commission may serve until their successors are appointed and qualified; to remove authority of the commission to investigate alleged violations of rules, regulations, policies, or standards of local boards
WEDNESDAY, APRIL 3, 2002
2973
of education; to provide authority to investigate allegations that an educator has been convicted of a crime; to provide for opening an investigation based upon certain admissions of an educator on an application for a certificate; to provide for action by committees in determining whether to carry out a preliminary investigation; to provide for access to records of the Georgia Crime Information Center and the National Crime Information Center; to provide for notice by certified mail; to provide for the duty of an education under investigation to notify the commission of any change in address; to change the time period for action by the commission after the preliminary investigation; to provide for extending the review period if criminal charges are pending; to change the number of days per year for which a member of the commission may receive expenses; 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 in Code Section 20-2-200, relating to regulation of certificated professional personnel by the Professional Standards Commission, by striking subsection (a) and inserting in lieu thereof the following:
"(a) The Professional Standards Commission shall provide, by regulation, for certifying and classifying all certificated professional personnel employed in the public schools of this state. No such personnel shall be employed in the public schools of this state unless they hold certificates issued by the commission certifying their qualifications and classification in accordance with such regulations. The commission shall establish such number of classifications of other certificated professional personnel as it may find reasonably necessary or desirable for the operation of the public schools; provided, however, that such classifications shall be based only upon academic, technical, and professional training, experience, and competency of such personnel. The commission is authorized to provide for denying a certificate to an applicant, suspending or revoking or denying a certificate or otherwise disciplining the holder of a certificate for good cause after an investigation is held and notice and hearings an opportunity for a hearing are provided the certificate holder or applicant in accordance with subsection (d) of Code Section 20-2-984.5. The commission shall designate and define the various classifications of professional personnel employed in the public schools of this state that shall be required to be certificated under this Code section. Without limiting the generality of the foregoing, the term 'certificated professional personnel' is defined as all professional personnel certificated by the commission and county or regional librarians."
SECTION 2. Said chapter is further amended in Code Section 20-2-212.2, relating to persons receiving certification from the National Board for Professional Teaching Standards, by striking subsections (b) and (d) and inserting in lieu thereof the following:
2974
JOURNAL OF THE HOUSE
"(b) Any person who: (1) Is currently teaching in a Georgia public school and holds a valid Georgia teaching certificate; and (2) Has completed three years of teaching in Georgia public schools prior to receiving national certification; and (3)(2) Has successfully completed the prerequisite portfolio of student work and examination and has received national certification
shall receive not less than a 10 percent rate increase in state salary for each year he or she holds national certification. Such increase shall be awarded on the commencement of the school year following such national certification; provided, however, that, in beginning on the date such certification is received. The 10 percent increase shall be computed based on the state salary for such individual when national certification is received and recomputed each subsequent year based on the individuals state salary for that school year. In the case of a person who has received such national certification prior to July 1, 2000, and is receiving or is eligible to receive a 5 percent rate increase, the 5 percent rate increase shall be changed to a 10 percent rate increase effective with the commencement of the 2000-2001 school year. The increase in state salary provided by this Code section shall be in addition to any other increase for which the person is eligible." "(d) A portion of the national certification program participation fee may be paid by the state prior to certification for any person who:
(1) Is currently teaching in a Georgia public school and holds a valid Georgia teaching certificate; (2) Has completed three years of teaching in Georgia public schools prior to applying for national certification; (3)(2) Has submitted an application and the initial qualifying payment to the National Board for Professional Teaching Standards; and (4)(3) Has successfully completed a screening process developed by the Professional Standards Commission."
SECTION 3. Said chapter is further amended in Code Section 20-2-983, relating to creation and composition of the Professional Standards Commission; the terms, qualifications, appointment, and removal of members; and filling of vacancies, by striking subsection (a) and inserting in lieu thereof the following:
"(a) The Professional Standards Commission existing June 30, 1991, is abolished and the term of office of the members of such abolished commission shall expire July 1, 1991. A new Professional Standards Commission is created and attached to the Office of Planning and Budget for administrative purposes only. The commission shall consist of 18 members to be appointed by the Governor, subject to the provisions of subsections (b) and (c) of this Code section. The term of office of members of the commission shall be three years; except the initial appointments shall begin July 1, 1991, and shall be: six for one year, six for two years, and six for three years. Members
WEDNESDAY, APRIL 3, 2002
2975
of the commission may serve until their successors are appointed and qualified. A member may be reappointed to the commission only one time. Vacancies shall be filled for unexpired terms in the same manner as the original appointments. If a member for any reason discontinues employment or service in the category from which he or she was appointed, that person may not be eligible for reappointment to the commission as a representative of that category. If a member elects to take employment outside the State of Georgia, that person is no longer eligible to serve on the commission. The Governor may remove any member from the commission for misconduct or malfeasance in office, incapacity, or neglect of duty. All members of the commission are to be confirmed by the Senate. Any appointment made by the Governor when the Senate is not in session shall be effective until the appointment is acted upon by the Senate."
SECTION 4. Said chapter is further amended by striking Code Section 20-2-984.3, relating to preliminary investigations of violations by the Professional Standards Commission, and inserting in lieu thereof the following:
"(a) Upon receipt of a written request from a local board, the state board, or one or more individual residents of this state, the commission shall be authorized to investigate:
(1) Alleged violations by an educator of any law of this state pertaining to educators or the profession of education; (2) Alleged violations by an educator of the code of ethics of the commission; (3) Alleged violations by an educator of rules, regulations, or policies of the state board; or the commission, or a local board; or; (4) Complaints alleging a failure by an educator to meet or comply with standards of performance of the commission, or the state board, or a local board.; or (5) Complaints alleging that an educator has 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 'convicted' shall include a finding or verdict of guilty or a plea of nolo contendere, regardless of whether an appeal of the conviction has been sought; a situation where first offender treatment without adjudication of guilt pursuant to the charge was granted; and a situation where an adjudication of guilt or sentence was otherwise withheld or not entered on the charge or the charge was otherwise disposed of in a similar manner in any jurisdiction. (b) The commission shall decide whether to conduct a preliminary investigation pursuant to this Code section within 30 days of the request unless an extension is granted pursuant to the procedure outlined in subsection (b) of Code Section 20-2984.5. The commission may appoint a committee of its membership with the power to transact and carry out the business and duties of the commission when deciding whether to conduct a preliminary investigation.
2976
JOURNAL OF THE HOUSE
(c) When an educator admits on a Professional Standards Commission application to having resigned or being discharged for committing a felony or misdemeanor involving moral turpitude or being under investigation by law enforcement authorities for such conduct or for committing a breach of the code of ethics or for a violation of state education laws or having a criminal history or having had a surrender, denial, revocation, or suspension of a certificate or being the subject of an investigation or adverse action regarding a certificate, an investigation will automatically open without notification to the commission and with written notification to the educator."
SECTION 5. Said chapter is further amended in Code Section 20-2-984.4, relating to preliminary investigations, notice to local boards, and the powers and limitations of the Professional Standards Commission relating to such investigations, by inserting a new paragraph of subsection (b) to be designated paragraph (4) and a new subsection to be designated subsection (d.1) to read as follows:
"(4) Have the power to access criminal histories of educators through the Georgia Crime Information Center and the National Crime Information Center. This access shall include a GCIC terminal. Information provided by GCIC or NCIC shall be used in accordance with Code Section 35-3-35 and with applicable federal and state laws, rules, or regulations." "(d.1) Upon the educators receipt of written notification that an educator is the subject of such investigation, it shall be the duty of the educator to notify the commission in writing of any change in the educators home or employment address until the commission issues a final decision in the matter. During this period, the mailing by certified mail of any notice, correspondence, or order regarding an investigation or disciplinary action to the last address specified by the educator after receiving written notice of the investigation, or if the commission has not received a change of address from the educator, the address at which the educator received written notification of an investigation, shall constitute proper notice to the educator. If the commission has been notified in writing that the educator is represented by legal counsel, the commission shall also send a copy of any notice to the educators legal counsel. Notice by certified mail pursuant to this rule shall be complete upon mailing."
SECTION 6. Said chapter is further amended in Code Section 20-2-984.5, relating to preliminary investigations, disciplinary actions, and hearings, by striking subsections (a), (b), (c), and (d) and inserting in lieu thereof the following:
"(a) After a preliminary investigation authorized by Code Section 20-2-984.4, the commission shall review the report of the investigator and either determine that no further action need be taken or recommend that a particular disciplinary action be imposed. This determination shall not take longer than be made no later than the commissions regularly scheduled meeting next occurring after 60 days from receipt of the findings of the preliminary investigation.
WEDNESDAY, APRIL 3, 2002
2977
(b) Prior to the expiration of that 60 day period referred to in subsection (a) of this Code section, the commission may extend the review period if unusual and compelling circumstances render it impracticable for the commission to complete its review within such period. Any such order shall recite with particularity the circumstances which render it impracticable for the commission to complete its review within such period. Any such extension by the commission shall be for a period of time not to exceed 30 days. Prior to the expiration of the extended review period, the review period may be further extended by further order of the commission for one additional period not to exceed 30 days if unusual and compelling circumstances render it impracticable to complete the review within the extended review period. Such further order further extending the review period shall likewise recite with particularity the circumstances which render it impracticable for the commission to complete its review within the review period as previously extended. Notwithstanding any provision of this subsection to the contrary, in cases where there are pending criminal charges against an educator, the commission, on its own motion or in response to a request by an educator, may enter an order extending the review period until the criminal charges have been fully resolved. (c) If the commission finds that there is probable cause for imposing a sanction against the educator, it may recommend any combination of the following:
(1) That the educator be warned, reprimanded, monitored, or any combination thereof; or (2) That the certificate of the educator be suspended, or revoked, or denied. The commission shall provide to the educator, at the time of the initial probable cause finding, a written summary statement of the findings of fact upon which the probable cause was determined. (d) In a contested case, if the commission determines that probable cause exists to impose a sanction against an educator, or to deny a certificate to an applicant, an opportunity for a hearing shall be held provided to the educator or applicant pursuant to Code Section 50-13-41. Based on the findings of fact and conclusions of law of the administrative law judge as provided in that Code section, the commission may take any combination of the actions referred to in subsection (c) of this Code section."
SECTION 7. Said chapter is further amended by striking Code Section 20-2-986, relating to expenses of members of the Professional Standards Commission, income and benefit rights for members employed by a state agency or subdivision, and reimbursement for expenses of members employers, and inserting in lieu thereof the following:
"20-2-986. Members of the commission shall receive no compensation for their services but shall, upon approval by the chairman, be reimbursed for their actual and necessary expenses incurred in the performance of official commission business as provided by Code Section 45-7-20. No member of the commission, with the exception of members of the executive committee of the commission, shall be reimbursed from any public funds for
2978
JOURNAL OF THE HOUSE
such expenses for more than 20 30 days during each calendar year, except that there shall be no limitation on the number of meeting days for one year after July 1, 1991. A member of the commission who is an employee of an agency of the state, or any of its political subdivisions, including school systems, shall be permitted to attend commission meetings and perform other commission duties without loss of income or other benefits. An agency of Georgia, or any of its political subdivisions, including school systems, which employs a member of the commission and employs a person to replace such member during the members performance of commission duties or incurs other additional expenses as a result of such performance shall be reimbursed for the actual amount of any costs so incurred."
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representatives Ashe of the 46th, Jamieson of the 22nd and Smith of the 175th, was read:
A BILL
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions regarding regulation of certificated professional personnel; to change certain provisions regarding certain certification; to change certain provisions regarding composition of the Professional Standards Commission; to change certain provisions regarding investigations of certain violations; to change certain provisions regarding certain preliminary investigations; to change certain provisions regarding expenses; to provide for certain longitudinal studies and reports; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Code Section 20-2-200, relating to regulation of certificated professional personnel by the Professional Standards Commission, by striking subsection (a) and inserting in lieu thereof the following:
"(a) The Professional Standards Commission shall provide, by regulation, for certifying and classifying all certificated professional personnel employed in the public schools of this state. No such personnel shall be employed in the public schools of this state unless they hold certificates issued by the commission certifying their qualifications and classification in accordance with such regulations. The commission shall establish such number of classifications of other certificated professional
WEDNESDAY, APRIL 3, 2002
2979
personnel as it may find reasonably necessary or desirable for the operation of the public schools; provided, however, that such classifications shall be based only upon academic, technical, and professional training, experience, and competency of such personnel. The commission is authorized to provide for denying a certificate to an applicant, suspending or revoking or denying a certificate or otherwise disciplining the holder of a certificate for good cause after an investigation is held and notice and hearings an opportunity for a hearing are provided the certificate holder or applicant in accordance with subsection (d) of Code Section 20-2-984.5. The commission shall designate and define the various classifications of professional personnel employed in the public schools of this state that shall be required to be certificated under this Code section. Without limiting the generality of the foregoing, the term 'certificated professional personnel' is defined as all professional personnel certificated by the commission and county or regional librarians."
SECTION 2. Said title is further amended in Code Section 20-2-212.2, relating to persons receiving certification from the National Board for Professional Teaching Standards, by striking subsections (b) and (d) and inserting in lieu thereof the following:
"(b) Any person who: (1) Is currently teaching in a Georgia public school and holds a valid Georgia teaching certificate; and (2) Has completed three years of teaching in Georgia public schools prior to receiving national certification; and (3)(2) Has successfully completed the prerequisite portfolio of student work and examination and has received national certification
shall receive not less than a 10 percent rate increase in state salary for each year he or she holds national certification. Such increase shall be awarded on the commencement of the school year following such national certification; provided, however, that, in beginning on the date such certification is received. The 10 percent increase shall be computed based on the state salary for such individual when national certification is received and recomputed each subsequent year based on the individuals state salary for that school year. In the case of a person who has received such national certification prior to July 1, 2000, and is receiving or is eligible to receive a 5 percent rate increase, the 5 percent rate increase shall be changed to a 10 percent rate increase effective with the commencement of the 2000-2001 school year. The increase in state salary provided by this Code section shall be in addition to any other increase for which the person is eligible." "(d) A portion of the national certification program participation fee may be paid by the state prior to certification for any person who:
(1) Is currently teaching in a Georgia public school and holds a valid Georgia teaching certificate; (2) Has completed three years of teaching in Georgia public schools prior to applying for national certification;
2980
JOURNAL OF THE HOUSE
(3)(2) Has submitted an application and the initial qualifying payment to the National Board for Professional Teaching Standards; and (4)(3) Has successfully completed a screening process developed by the Professional Standards Commission."
SECTION 3. Said title is further amended in Code Section 20-2-983, relating to creation and composition of the Professional Standards Commission; the terms, qualifications, appointment, and removal of members; and filling of vacancies, by striking subsection (a) and inserting in lieu thereof the following:
"(a) The Professional Standards Commission existing June 30, 1991, is abolished and the term of office of the members of such abolished commission shall expire July 1, 1991. A new Professional Standards Commission is created and attached to the Office of Planning and Budget for administrative purposes only. The commission shall consist of 18 members to be appointed by the Governor, subject to the provisions of subsections (b) and (c) of this Code section. The term of office of members of the commission shall be three years; except the initial appointments shall begin July 1, 1991, and shall be: six for one year, six for two years, and six for three years. Members of the commission may serve until their successors are appointed and qualified. A member may be reappointed to the commission only one time. Vacancies shall be filled for unexpired terms in the same manner as the original appointments. If a member for any reason discontinues employment or service in the category from which he or she was appointed, that person may not be eligible for reappointment to the commission as a representative of that category. If a member elects to take employment outside the State of Georgia, that person is no longer eligible to serve on the commission. The Governor may remove any member from the commission for misconduct or malfeasance in office, incapacity, or neglect of duty. All members of the commission are to be confirmed by the Senate. Any appointment made by the Governor when the Senate is not in session shall be effective until the appointment is acted upon by the Senate."
SECTION 4. Said title is further amended by striking Code Section 20-2-984.3, relating to preliminary investigations of violations by the Professional Standards Commission, and inserting in lieu thereof the following:
"(a) Upon receipt of a written request from a local board, the state board, or one or more individual residents of this state, the commission shall be authorized to investigate:
(1) Alleged violations by an educator of any law of this state pertaining to educators or the profession of education; (2) Alleged violations by an educator of the code of ethics of the commission; (3) Alleged violations by an educator of rules, regulations, or policies of the state board; or the commission, or a local board; or;
WEDNESDAY, APRIL 3, 2002
2981
(4) Complaints alleging a failure by an educator to meet or comply with standards of performance of the commission, or the state board, or a local board.; or (5) Complaints alleging that an educator has 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 'convicted' shall include a finding or verdict of guilty or a plea of nolo contendere, regardless of whether an appeal of the conviction has been sought; a situation where first offender treatment without adjudication of guilt pursuant to the charge was granted; and a situation where an adjudication of guilt or sentence was otherwise withheld or not entered on the charge or the charge was otherwise disposed of in a similar manner in any jurisdiction. (b) The commission shall decide whether to conduct a preliminary investigation pursuant to this Code section within 30 days of the request unless an extension is granted pursuant to the procedure outlined in subsection (b) of Code Section 20-2984.5. The commission may appoint a committee of its membership with the power to transact and carry out the business and duties of the commission when deciding whether to conduct a preliminary investigation. (c) When an educator admits on a Professional Standards Commission application to having resigned or being discharged for committing a felony or misdemeanor involving moral turpitude or being under investigation by law enforcement authorities for such conduct or for committing a breach of the code of ethics or for a violation of state education laws or having a criminal history or having had a surrender, denial, revocation, or suspension of a certificate or being the subject of an investigation or adverse action regarding a certificate, an investigation will automatically open without notification to the commission and with written notification to the educator."
SECTION 5. Said title is further amended in Code Section 20-2-984.4, relating to preliminary investigations, notice to local boards, and the powers and limitations of the Professional Standards Commission relating to such investigations, by inserting a new paragraph of subsection (b) to be designated paragraph (4) and a new subsection to be designated subsection (d.1) to read as follows:
"(4) Have the power to access criminal histories of educators through the Georgia Crime Information Center and the National Crime Information Center. This access shall include a GCIC terminal. Information provided by GCIC or NCIC shall be used in accordance with Code Section 35-3-35 and with applicable federal and state laws, rules, or regulations." "(d.1) Upon the educators receipt of written notification that an educator is the subject of such investigation, it shall be the duty of the educator to notify the commission in writing of any change in the educators home or employment address until the commission issues a final decision in the matter. During this period, the mailing by certified mail of any notice, correspondence, or order regarding an investigation or disciplinary action to the last address specified by the educator after receiving written
2982
JOURNAL OF THE HOUSE
notice of the investigation, or if the commission has not received a change of address from the educator, the address at which the educator received written notification of an investigation, shall constitute proper notice to the educator. If the commission has been notified in writing that the educator is represented by legal counsel, the commission shall also send a copy of any notice to the educators legal counsel. Notice by certified mail pursuant to this subsection shall be complete upon mailing."
SECTION 6. Said title is further amended in Code Section 20-2-984.5, relating to preliminary investigations, disciplinary actions, and hearings, by striking subsections (a), (b), (c), and (d) and inserting in lieu thereof the following:
"(a) After a preliminary investigation authorized by Code Section 20-2-984.4, the commission shall review the report of the investigator and either determine that no further action need be taken or recommend that a particular disciplinary action be imposed. This determination shall not take longer than be made no later than the commissions regularly scheduled meeting next occurring after 60 days from receipt of the findings of the preliminary investigation. (b) Prior to the expiration of that 60 day period referred to in subsection (a) of this Code section, the commission may extend the review period if unusual and compelling circumstances render it impracticable for the commission to complete its review within such period. Any such order shall recite with particularity the circumstances which render it impracticable for the commission to complete its review within such period. Any such extension by the commission shall be for a period of time not to exceed 30 days. Prior to the expiration of the extended review period, the review period may be further extended by further order of the commission for one additional period not to exceed 30 days if unusual and compelling circumstances render it impracticable to complete the review within the extended review period. Such further order further extending the review period shall likewise recite with particularity the circumstances which render it impracticable for the commission to complete its review within the review period as previously extended. Notwithstanding any provision of this subsection to the contrary, in cases where there are pending criminal charges against an educator, the commission, on its own motion or in response to a request by an educator, may enter an order extending the review period until the criminal charges have been fully resolved. (c) If the commission finds that there is probable cause for imposing a sanction against the educator, it may recommend any combination of the following:
(1) That the educator be warned, reprimanded, monitored, or any combination thereof; or (2) That the certificate of the educator be suspended, or revoked, or denied. The commission shall provide to the educator, at the time of the initial probable cause finding, a written summary statement of the findings of fact upon which the probable cause was determined.
WEDNESDAY, APRIL 3, 2002
2983
(d) In a contested case, if the commission determines that probable cause exists to impose a sanction against an educator, or to deny a certificate to an applicant, an opportunity for a hearing shall be held provided to the educator or applicant pursuant to Code Section 50-13-41. Based on the findings of fact and conclusions of law of the administrative law judge as provided in that Code section, the commission may take any combination of the actions referred to in subsection (c) of this Code section."
SECTION 7. Said title is further amended by striking Code Section 20-2-986, relating to expenses of members of the Professional Standards Commission, income and benefit rights for members employed by a state agency or subdivision, and reimbursement for expenses of members employers, and inserting in lieu thereof the following:
"20-2-986. Members of the commission shall receive no compensation for their services but shall, upon approval by the chairman, be reimbursed for their actual and necessary expenses incurred in the performance of official commission business as provided by Code Section 45-7-20. No member of the commission, with the exception of members of the executive committee of the commission, shall be reimbursed from any public funds for such expenses for more than 20 30 days during each calendar year, except that there shall be no limitation on the number of meeting days for one year after July 1, 1991. A member of the commission who is an employee of an agency of the state, or any of its political subdivisions, including school systems, shall be permitted to attend commission meetings and perform other commission duties without loss of income or other benefits. An agency of Georgia, or any of its political subdivisions, including school systems, which employs a member of the commission and employs a person to replace such member during the members performance of commission duties or incurs other additional expenses as a result of such performance shall be reimbursed for the actual amount of any costs so incurred."
SECTION 8. Said title is further amended by adding a new Code section immediately following Code Section 20-14-27, to be designated Code Section 20-14-28, to read as follows:
"20-14-28. When the state-wide comprehensive educational information system provided for in Code Section 20-2-320 becomes functional, the office shall conduct a longitudinal study of the effect-of nationally certified teachers on student performance in Georgia. Thereafter, the office shall prepare an annual report addressing the question of whether nationally certified and Teacher Alternative Preparation Program teachers have improved student performance in Georgia and submit such report to the members of the General Assembly and the State Board of Education."
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.
2984
JOURNAL OF THE HOUSE
The following amendment was read:
Representatives Williams of the 83rd and Kaye of the 37th move to amend the Floor substitute to SB 368 by inserting after the first semicolon on line 6 of page 1 the following:
"to provide for salary increases for certain persons credentialed as National Certified School Counselors; 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; to provide for repayment in certain circumstances;".
By inserting after line 19 of page 3 a new Section 3 to read as follows:
"SECTION 3. Said chapter is further amended by adding new Code Sections 20-2-212.4 and 20-2-212.5 to read as follows:
'20-2-212.4. (a) As used in this Code section, "national certification" means certification as a National Certified School Counselor obtained from the National Board for Certified Counselors. (b) Any person who:
(1) Is currently a school counselor in a Georgia public school and holds a valid Georgia professional certificate in school counseling; (2) Has completed three years of employment as a school counselor in Georgia public schools prior to receiving national certification; (3) Has not previously received state funds for participating in any certification area in the national certification program; and (4) Has successfully completed the requirements for and has received national certification shall receive not less than a 5 percent rate increase in state salary. Such increase shall be awarded on the commencement of the school year following such national certification. The increase in state salary provided by this Code section shall be in addition to any other increase for which the person is eligible. (c) A school counselor shall be granted two days of approved paid leave to prepare the documentation required for national certification. (d) The national certification program participation fee shall be reimbursed by the state upon certification for any school counselor who is eligible for an increase pursuant to subsection (a) of this Code section.
WEDNESDAY, APRIL 3, 2002
2985
(e) A school counselor for whom the State of Georgia pays the participation fee and who does not counsel in a Georgia public school for at least one year after receiving national certification shall repay the participation fee to the state. Repayment is not required if the school counselor is unable to complete the additional year of school counseling due to the death or disability of the school counselor.
20-2-212.5. (a) As used in this Code section, "national certification" means certification as a Certified School Social Worker Specialist by the National Association of Social Workers. (b) Any person who:
(1) Is currently a school social worker in a Georgia public school and holds a valid Georgia professional service certificate in school social work; (2) Has completed three years of employment as a school social worker in Georgia public schools; (3) Has not previously received state funds for participating in any certification area in the national certification program; and (4) Has successfully completed the requirements for and has received national certification shall receive not less than a 10 percent increase annually in state salary for each year such person holds national certification. Such increase shall be awarded at the commencement of the school year following such national certification, and each such year thereafter. The increase in state salary provided by this Code section shall be in addition to any other increase for which the person is eligible. (c) A school social worker shall be granted two days of approved paid leave to prepare the documentation required for national certification. (d) The state shall reimburse a school social worker for the national certification program participation fee upon certification if the school social worker is eligible for a salary increase pursuant to subsection (b) of this Code section. (e) A school social worker for whom the State of Georgia pays the participation fee and who does not serve as a social worker in a Georgia public school for at least one year after receiving national certification shall repay the participation fee to the state. Repayment is not required if the school social worker is unable to complete the additional year of school social work due to the death or disability of the school social worker.'"
By redesignating Sections 3 through 8 as Sections 4 through 9, respectively.
The following amendment was read and adopted:
2986
JOURNAL OF THE HOUSE
Representative Williams of the 83rd moves to amend the Williams amendment to SB 368 as follows:
Line 2 page 1 change "6" to "3"
Line 9 page 1 change "19" to "2"
Line 1 page 3 change "9" to "10".
On the adoption of the amendment, as amended, the roll call was ordered and the vote was as follows:
N Allen N Amerson N Anderson N Ashe Y Bannister E Barnard N Barnes N Bell N Benfield N Birdsong N Black N Boggs
Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck
Buckner Y Bulloch Y Bunn E Burkhalter Y Burmeister N Byrd Y Callaway N Campbell N Cash N Channell N Childers Y Coan Y Coleman, B N Coleman, T N Collins N Connell Y Cooper
Y Cox N Crawford N Cummings Y Davis E Day Y Dean N Deloach, B Y Deloach, G Y Dix N Dodson N Drenner N Dukes
Ehrhart N Epps N Everett N Floyd
Forster N Franklin N Gardner N Golick Y Grasse N Graves N Greene Y Hammontree N Hanner N Harbin
Harrell N Heard
Heckstall N Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard
N Hudgens N Hudson, N N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan N Joyce E Kaye N Keen Y Knox N Lane E Lanier Y Lewis N Lord
Lucas Lunsford N Maddox N Mangham Y Manning Y Massey N McBee Y McCall N McClinton N McKinney N Millar Y Mills N Mobley N Morris N Mosley
Mueller Y Muntean N 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 N Ray N Reece N Reed N Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L N Rogers Y Royal
Sailor N Sanders Y Scheid Y Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper
Y Smith, B N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T E Smith, V
Smyre Y Snelling
Snow N Squires N Stallings N Stanley N Stanley-Turner N Stephens N Stokes E 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 N Wilkinson N Willard Y Williams, J Y Williams, R N Wix
Yates Murphy, Speaker
WEDNESDAY, APRIL 3, 2002
2987
On the adoption of the amendment, as amended, the ayes were 47, nays 108. The amendment was lost.
Representative Harbin of the 113th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Dean of the 48th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
The Floor substitute was adopted.
The report of the Committee, which was favorable to the passage of the Bill, 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 E 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
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 Y Floyd Y Forster N 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 Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce E Kaye Y Keen Y Knox Y Lane E Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham
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 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 E Taylor
Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L
2988
Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
JOURNAL OF THE HOUSE
Y Harbin Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard
Y Manning Massey
Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
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 158, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Cox of the 105th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
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.
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 Y Bannister E Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black
Cox Y Crawford Y Cummings N Davis E Day Y Dean Y Deloach, B N Deloach, G Y Dix Y Dodson Y Drenner
N Hudgens Y Hudson, N Y Hudson, S Y Hugley N Irvin N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings
N Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Porter
N Smith, B Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T E Smith, V Y Smyre N Snelling
Snow Y Squires
Y Boggs Y Bordeaux Y Borders N Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner Y Bulloch N Bunn E Burkhalter N Burmeister Y Byrd N Callaway N Campbell Y Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T Y Collins Y Connell N Cooper
WEDNESDAY, APRIL 3, 2002
Y Dukes Ehrhart
Y Epps Y Everett Y Floyd N 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 Hembree Y Henson N Hines Y Holland Y Holmes Y Houston
Howard
Y Johnson Y Jordan N Joyce E Kaye N Keen N Knox Y Lane E Lanier Y Lewis Y Lord
Lucas N Lunsford Y Maddox Y Mangham Y Manning N Massey Y McBee Y McCall Y McClinton Y McKinney N Millar N Mills Y Mobley Y Morris Y Mosley
Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert
Rice N Richardson N Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor N Sanders N Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
2989
Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes E Taylor
Teague Y Teper E Tillman Y Turnquest Y Twiggs N Unterman
Walker, L N Walker, R.L Y Watson Y West N Westmoreland N Wiles N Wilkinson N Willard N Williams, J Y Williams, R Y Wix N Yates
Murphy, Speaker
On the adoption of the Resolution, the ayes were 117, nays 43. The Resolution, having received the requisite constitutional majority, was adopted.
Representative Roberts of the 132nd stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
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:
2990
JOURNAL OF THE HOUSE
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.
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 Senate and has instructed me to report the same back to the House with the following recommendation:
SR 852 Do Pass, by Substitute
Respectfully submitted, /s/ Lucas of the 124th
Chairman
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 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 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.
WEDNESDAY, APRIL 3, 2002
2991
The report of the Committee, which was favorable to the 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 E 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 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 N Franklin Y Gardner Y Golick N Grasse Y Graves Y Greene Y Hammontree
Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree
Henson Y Hines Y 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 Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce E Kaye Y Keen Y Knox Y Lane E 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 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 E Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes E 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 161, nays 4. The Bill, having received the requisite constitutional majority, was passed.
SB 438. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
2992
JOURNAL OF THE HOUSE
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 report of the Committee, which was favorable to the 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 E 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 Y Burmeister Y 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
Cox Y Crawford Y Cummings N Davis E Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps
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
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
Jamieson E Jenkins Y Jennings Y Johnson Y Jordan N Joyce E Kaye N Keen Y Knox Y Lane E Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham
Manning N Massey Y McBee Y McCall Y McClinton Y McKinney N Millar N Mills Y Mobley Y Morris
Mosley
Mueller Muntean Y O'Neal Y Orrock Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Porter Y Powell Y Purcell Y Ragas Randall Y Ray Y Reece Y Reed Y Reichert Y Rice N Richardson Y Roberts, D Y Roberts, L Rogers 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 E Smith, V Y Smyre Y Snelling Y Snow Y Squires
Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes E 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
Wilkinson N Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
On the passage of the Bill, the ayes were 139, nays 12.
WEDNESDAY, APRIL 3, 2002 The Bill, having received the requisite constitutional majority, was passed.
2993
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.
The following Committee substitute was read:
A BILL
To amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to authorize the Commissioner of Agriculture to require the reporting of certain animal diseases and syndromes; to provide for the contents of reports; to provide for the confidentiality of reports; to provide for limited exceptions and for the use of certain data; to provide that certain persons making such reports shall not be liable for civil damages; to provide for penalties and change the provisions relating to certain penalties; 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 provide definitions of bioterrorism and public health emergency; to require health care providers, coroners, and medical examiners to report cases of bioterrorism and other conditions that pose a substantial risk of a public health emergency to the Department of Human Resources and the appropriate county board of health; to establish reporting requirements for pharmacists of increased or unusual prescriptions that may be related to bioterrorism; to require the Department of Human Resources to notify the Department of Public Safety of any potential causes of bioterrorism; to provide for the Department of Human Resources to identify persons exposed to bioterrorism; to authorize the closing and decontamination of facilities that may endanger the public health; to authorize the Department of Human Resources to promulgate rules and regulations for the management of a public health emergency and to prepare a public health emergency plan
2994
JOURNAL OF THE HOUSE
and draft executive order for the declaration of a public health emergency; to provide for a penalty for failure to comply with reporting requirements; to authorize the Department of Human Resources to promulgate rules and regulations related to vaccination and quarantine in a public health emergency; to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions related to law enforcement officers and agencies, so as to require law enforcement agencies to report unusual or suspicious health related events to the Department of Human Resources and the appropriate county board of health; to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to authorize the Governor prior to declaring a state of emergency in the event of a public health emergency to issue a call for a special session of the General Assembly; to compel health care facilities to provide services or the use of their facilities during a public health emergency; to exclude certain firearms from limitations during an emergency; to change the emergency powers of the Governor regarding firearms; to authorize the Governor to direct the Department of Human Resources to coordinate the states response to a public health emergency; to provide for due process procedures related to quarantine or vaccination programs in a public health emergency; 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 4 of the Official Code of Georgia Annotated, relating to animals, is amended by adding a new Code Section 4-4-6 to read as follows:
"4-4-6. (a) The Commissioner is authorized to declare certain animal diseases and syndromes to be diseases requiring notice and to require the reporting thereof to the department in a manner and at such times as may be prescribed by the Commissioner. The department shall require that such data be supplied as is deemed necessary and appropriate for the prevention and control of certain diseases and syndromes as are determined by the Commissioner. All such reports and data shall be deemed confidential and shall not be open to inspection by the public; provided, however, that the Commissioner may release such reports and data in statistical form, for valid research purposes, and for other purposes as deemed appropriate by the Commissioner. (b) Any person, including, but not limited to, any veterinarian or veterinary diagnostic laboratory and practice personnel and any person associated with any livestock farm, ranch, sales establishment, transportation, or slaughter, submitting reports or data in good faith to the department in compliance with this Code section shall not be liable for any civil damages therefor. (c) Any person violating any provision of this Code section shall be guilty of a misdemeanor."
WEDNESDAY, APRIL 3, 2002
2995
SECTION 2. Said title is further amended by adding to Chapter 10 of said title, known as the "Bird Dealers Licensing Act," a new Code Section 4-10-7.3 to read as follows:
"4-10-7.3. (a) The Commissioner is authorized to declare certain animal diseases and syndromes to be diseases requiring notice and to require the reporting thereof to the department in a manner and at such times as may be prescribed by the Commissioner. The department shall require that such data be supplied as is deemed necessary and appropriate for the prevention and control of certain diseases and syndromes as are determined by the Commissioner. All such reports and data shall be deemed confidential and shall not be open to inspection by the public; provided, however, that the Commissioner may release such reports and data in statistical form, for valid research purposes, and for other purposes as deemed appropriate by the Commissioner. (b) Any person, including, but not limited to, any veterinarian or veterinary diagnostic laboratory and practice personnel and any person associated with any bird dealer regulated by this chapter, submitting reports or data in good faith to the department in compliance with this Code section shall not be liable for any civil damages therefor."
SECTION 3. Said title is further amended by striking Code Section 4-10-12, relating to penalties, and inserting in its place the following:
"4-10-12. Any person who acts as a bird dealer without a license in violation of this chapter violates any provision of this chapter shall be guilty of a misdemeanor."
SECTION 4. Said title is further amended by adding to Article 1 of Chapter 11 of said title, known as the "Georgia Animal Protection Act," a new Code Section 4-11-9.7 to read as follows:
"4-11-9.7. (a) The Commissioner is authorized to declare certain animal diseases and syndromes to be diseases requiring notice and to require the reporting thereof to the department in a manner and at such times as may be prescribed by the Commissioner. The department shall require that such data be supplied as is deemed necessary and appropriate for the prevention and control of certain diseases and syndromes as are determined by the Commissioner. All such reports and data shall be deemed confidential and shall not be open to inspection by the public; provided, however, that the Commissioner may release such reports and data in statistical form, for valid research purposes, and for other purposes as deemed appropriate by the Commissioner. (b) Any person, including, but not limited to, any veterinarian or veterinary diagnostic laboratory and practice personnel and any person associated with any pet dealer, kennel, animal shelter, or stable, submitting reports or data in good faith to the department in compliance with this Code section shall not be liable for any civil damages therefor."
2996
JOURNAL OF THE HOUSE
SECTION 5. Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, is amended by adding a new Code Section 31-12-1.1 to read as follows:
"31-12-1.1. As used in this chapter, the term:
(1) 'Bioterrorism' means the intentional creation or use of any microorganism, virus, infectious substance, or any component thereof, whether naturally occurring or bioengineered, to cause death, illness, disease, or other biological malfunction in a human, animal, plant, or other living organism in order improperly or illegally to influence the conduct of government, to interfere with or disrupt commerce, or to intimidate or coerce a civilian population. (2) 'Public health emergency' means the occurrence or imminent threat of an illness or health condition that is reasonably believed to be caused by bioterrorism or the appearance of a novel or previously controlled or eradicated infectious agent or biological toxin and poses a high probability of any of the following harms:
(A) A large number of deaths in the affected population; (B) A large number of serious or long-term disabilities in the affected population; or (C) Widespread exposure to an infectious or toxic agent that poses a significant risk of substantial future harm to a large number of people in the affected population."
SECTION 6. Said chapter is further amended by striking Code Section 31-12-2, relating to reporting disease, confidentiality of information supplied, and immunity from liability as to information supplied, and inserting in its place the following:
"31-12-2. (a) The department is empowered to declare certain diseases, and injuries, and conditions to be diseases requiring notice and to require the reporting thereof to the county board of health and the department in a manner and at such times as may be prescribed. The department shall require that such data be supplied as are deemed necessary and appropriate for the prevention of certain diseases, and accidents injuries, and conditions as are determined by the department. All such reports and data shall be deemed confidential and shall not be open to inspection by the public; provided, however, the department may release such reports and data in statistical form or for valid research purposes. (b) A health care provider, coroner, or medical examiner shall report to the department and the county board of health all known or presumptively diagnosed cases of persons harboring any illness or health condition that may be caused by bioterrorism, epidemic or pandemic disease, or novel and highly fatal infectious agents or toxins and that may pose a substantial risk of a public health emergency. Reportable illnesses and conditions include, without limitation, diseases caused by biological agents listed at 42
WEDNESDAY, APRIL 3, 2002
2997
C.F.R. Part 72, app. A (2000) and any illnesses or conditions identified by the department as potential causes of a public health emergency. (c) A pharmacist shall report to the department and the county board of health any unusual or increased prescription rates, unusual types of prescriptions, or unusual trends in pharmacy visits that may reasonably be believed to be caused by bioterrorism, epidemic or pandemic disease, or novel and highly fatal infectious agents or toxins and that may pose a substantial risk of a public health emergency. (d) Any person, including but not limited to practitioners of the healing arts, submitting in good faith reports or data to the department or county boards of health in compliance with the provisions of this Code section shall not be liable for any civil damages therefor. (e) Whenever the department learns of any case of an unusual illness, health condition, or death, or an unusual cluster of such events, or any other suspicious health related event that it reasonably believes has the potential to be caused by bioterrorism, it shall immediately notify the Department of Public Safety and other appropriate public safety authorities."
SECTION 7. Said chapter is further amended by adding a new Code Section 31-12-2.1 to read as follows:
"31-12-2.1. (a) The department shall ascertain the existence of any illness or health condition that may be caused by bioterrorism, epidemic or pandemic disease, or novel and highly fatal infectious agents or toxins and that may pose a substantial risk of a public health emergency; investigate all such cases to determine sources of infection and to provide for proper control measures; and define the distribution of the illness or health condition. The department shall:
(1) Identify, interview, and counsel, as appropriate, all individuals reasonably believed to have been exposed to risk; (2) Develop information relating to the source and spread of the risk; and (3) Close, evacuate, or decontaminate, as appropriate, any facility and decontaminate or destroy any contaminated materials when the department reasonably suspects that such material or facility may endanger the public health. (b) The department shall promulgate rules and regulations appropriate for management of any public health emergency declared pursuant to the provisions of Code Section 383-51, with particular regard to coordination of the public health emergency response of the state pursuant to subsection (i) of said Code section. Such rules and regulations shall be applicable to the activities of all entities created pursuant to Chapter 3 of this title in such circumstances, notwithstanding any other provisions of law. In developing such rules and regulations, the department shall consult and coordinate as appropriate with the Georgia Emergency Management Agency, the Federal Emergency Management Agency, the Georgia Department of Public Safety, the Georgia Department of Agriculture, and the federal Centers for Disease Control and Prevention.
2998
JOURNAL OF THE HOUSE
The department is authorized, in the course of management of a declared public health emergency, to adopt and implement emergency rules and regulations pursuant to the provisions of subsection (b) of Code Section 50-13-4. (c) The department shall promulgate, prepare, and maintain a public health emergency plan and draft executive order for the declaration of a public health emergency pursuant to Code Section 38-3-51 and Chapter 13 of Title 50. In preparation of such public health emergency plan and draft executive order, the department shall consult and coordinate as appropriate with the Georgia Emergency Management Agency, the Federal Emergency Management Agency, the Georgia Department of Public Safety, the Georgia Department of Agriculture, and the federal Centers for Disease Control and Prevention."
SECTION 8. Said chapter is further amended by striking in its entirety Code Section 31-12-3, relating to power to require immunization, and inserting in its place the following:
"31-12-3. (a) The department and all county boards of health are empowered to require, by appropriate rules and regulations, persons located within their respective jurisdictions to submit to vaccination against contagious or infectious disease where the particular disease may occur, whether or not the disease may be an active threat. The department may, in addition, require such other measures to prevent the conveyance of infectious matter from infected persons to other persons as may be necessary and appropriate. The department shall promulgate appropriate rules and regulations for the implementation of the provisions of this Code section in the case of a declaration of a public health emergency and shall include provisions permitting consideration of the opinion of a persons personal physician as to whether the vaccination is medically appropriate or advisable for such person. (b) In the absence of an epidemic or immediate threat thereof, this Code section shall not apply to any person who objects in writing thereto on grounds that such immunization conflicts with his religious beliefs."
SECTION 9. Said chapter is further amended by striking in its entirety Code Section 31-12-4, relating to isolation and segregation of diseased persons and quarantine, and inserting in its place the following:
"31-12-4. The department and all county boards of health may, from time to time, require the isolation or segregation of persons with communicable diseases or conditions likely to endanger the health of others. The department may, in addition, require quarantine or surveillance of carriers of disease and persons exposed to, or suspected of being infected with, infectious disease until they are found to be free of the infectious agent or disease in question. The department shall promulgate appropriate rules and regulations
WEDNESDAY, APRIL 3, 2002
2999
for the implementation of the provisions of this Code section in the case of a declaration of a public health emergency."
SECTION 10. Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions related to law enforcement officers and agencies, is amended by adding a new subsection (d) to Code Section 35-1-8, relating to acquisition, collection, classification, and preservation of information assisting in identifying deceased persons and locating missing persons, to read as follows:
"(d) Report any case of an unusual illness, health condition, or death, or an unusual cluster of such events, or any other suspicious health related event to the Department of Human Resources and the appropriate county board of health."
SECTION 11. Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, is amended by renumbering paragraphs (1), (2), (3), (4), and (5) of Code Section 38-3-3, relating to definitions, as paragraphs (2), (3), (4), (5), and (7), respectively and adding new paragraphs (1) and (6) to read as follows:
"(1) 'Bioterrorism' means the intentional creation or use of any microorganism, virus, infectious substance, or any component thereof, whether naturally occurring or bioengineered, to cause death, illness, disease, or other biological malfunction in a human, animal, plant, or other living organism in order improperly or illegally to influence the conduct of government, to interfere with or disrupt commerce, or to intimidate or coerce a civilian population." "(6) 'Public health emergency' means the occurrence or imminent threat of an illness or health condition that is reasonably believed to be caused by bioterrorism or the appearance of a novel or previously controlled or eradicated infectious agent or biological toxin and poses a high probability of any of the following harms:
(A) A large number of deaths in the affected population; (B) A large number of serious or long-term disabilities in the affected population; or (C) Widespread exposure to an infectious or toxic agent that poses a significant risk of substantial future harm to a large number of people in the affected population."
SECTION 12. Said chapter is further amended by striking subsection (a) of Code Section 38-3-51, relating to emergency powers of the Governor, termination of emergency, limitations in energy emergency, and immunity, and inserting in its place the following:
"(a) In the event of actual or impending emergency or disaster of natural or manmade human origin, or impending or actual enemy attack, or a public health emergency, within or affecting this state or against the United States, the Governor may declare that a state of emergency or disaster exists. As a condition precedent to declaring that a state of emergency or disaster exists as a result of a public health emergency, the Governor
3000
JOURNAL OF THE HOUSE
shall issue a call for a special session of the General Assembly pursuant to Article II, Section V, Paragraph VII of the Constitution of Georgia, which session shall convene at 8:00 A.M. on the second day following the date of such declaration for the purpose of concurring with or terminating the public health emergency. The state of emergency or disaster shall continue until the Governor finds that the threat or danger has passed or the emergency or disaster has been dealt with, to the extent that emergency or disaster conditions no longer exist, and terminates the state of emergency or disaster. No state of emergency or disaster may continue for longer than 30 days unless renewed by the Governor. The General Assembly by concurrent resolution may terminate a state of emergency or disaster at any time. Thereupon, the Governor shall by appropriate action end the state of emergency or disaster."
SECTION 13. Said chapter is further amended by inserting between paragraphs (4) and (5) of subsection (d) of Code Section 38-3-51, relating to emergency powers of the Governor, termination of emergency, limitations in energy emergency, and immunity, a new paragraph (4.1) to read as follows:
"(4.1) Compel a health care facility to provide services or the use of its facility if such services or use are reasonable and necessary for emergency response. The use of such health care facility may include transferring the management and supervision of the health care facility to the Department of Human Resources for a limited or unlimited period of time not extending beyond the termination of the public health emergency;".
SECTION 14. Said chapter is further amended by striking paragraph (8) of subsection (d) of Code Section 38-3-51 of the Official Code of Georgia Annotated, relating to emergency powers of the Governor, termination of emergency, limitation in energy emergency, and immunity, and inserting in its place the following:
"(8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles; provided, however, that any limitation on transporting firearms under this Code section shall not include an individual firearm owned by a private citizen which was legal and owned by that citizen prior to the declaration of state of emergency or disaster; and".
SECTION 15. Said chapter is further amended by striking subsection (i) of Code Section 38-3-51, relating to emergency powers of the Governor, termination of emergency, limitations in energy emergency, and immunity, and inserting in its place the following:
"(i)(1) The Governor may direct the Department of Human Resources to coordinate all matters pertaining to the response of the state to a public health emergency including without limitation:
WEDNESDAY, APRIL 3, 2002
3001
(A) Planning and executing public health emergency assessments, mitigation, preparedness response, and recovery for the state; (B) Coordinating public health emergency responses between state and local authorities; (C) Collaborating with appropriate federal government authorities, elected officials of other states, private organizations, or private sector companies; (D) Coordinating recovery operations and mitigation initiatives subsequent to public health emergencies; (E) Organizing public information activities regarding state public health emergency response operations; and (F) Providing for special identification for public health personnel involved in a public health emergency. (2) The following due process procedures shall be applicable to any quarantine or vaccination program instituted pursuant to a declaration of a public health emergency: (A) Consonant with maintenance of appropriate quarantine rules, the department shall permit access to counsel in person or by such other means as practicable that do not threaten the integrity of the quarantine; (B) An order imposing a quarantine or a vaccination program may be appealed but shall not be stayed during the pendency of the challenge. The burden of proof shall be on the state to demonstrate that there exists a substantial risk of exposing other persons to imminent danger. With respect to vaccination, the states burden of proof shall be met by clear and convincing evidence. With respect to quarantine, the states burden of proof shall be met by a preponderance of the evidence; (C) An individual or a class may challenge the order before any available judge of the state courts, the superior courts, the Court of Appeals, or the Supreme Court. Such judge, upon attestation of the exigency of the circumstances, may proceed ex parte with respect to the state or may appoint counsel to represent the interests of the state or other unrepresented parties. The judge hearing the matter may consolidate a multiplicity of cases or, on the motion of a party or of the court, proceed to determine the interests of a class or classes. The rules of evidence applicable to civil cases shall be applied to the fullest extent practicable taking into account the circumstances of the emergency. All parties shall have the right to subpoena and cross-examine witnesses, but in enforcement of its subpoena powers the court shall take into account the circumstances of the emergency. All proceedings shall be transcribed to the extent practicable. Filing fees shall be waived and all costs borne by the state; (D) The judge hearing the matter may enter an appropriate order upholding or suspending the quarantine or vaccination order. With respect to vaccination, the order may be applicable on notice to the department or its agents administering the vaccination, or otherwise in the courts discretion. With respect to quarantines, the order shall be automatically stayed for 48 hours; (E) The department or any party may appeal any order within 24 hours to the Court of Appeals, the Supreme Court, or to any available judge thereof in the event that
3002
JOURNAL OF THE HOUSE
circumstances render a full court unavailable. If the trial judge has proceeded ex parte or with counsel appointed for the state, the trial court shall either direct the filing of an appeal in its order or itself certify the order for appeal. Filing fees for appeal shall be waived, all costs shall be borne by the state, and such appeals shall be heard expeditiously; and (F) No provisions of this paragraph shall be construed to limit or restrict the right of habeas corpus under the laws of the United States. (j) Any individual, partnership, association, or corporation who acts in accordance with an order, rule, or regulation entered by the Governor pursuant to the authority granted by this Code section will not be held liable to any other individual, partnership, association, or corporation by reason thereof in any action seeking legal or equitable relief."
SECTION 16. Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," is amended by striking subsection (b) of Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitation on action to contest rules, and legislative override, and inserting in its place the following:
"(b) If any agency finds that an imminent peril to the public health, safety, or welfare, including but not limited to, summary processes such as quarantines, contrabands, seizures, and the like authorized by law without notice, requires adoption of a rule upon fewer than 30 days notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable to adopt an emergency rule. The rule may be effective for a period of not longer than 120 days but the adoption of an identical rule under paragraphs (1) and (2) of subsection (a) of this Code section is not precluded; provided, however, that such a rule adopted pursuant to discharge of responsibility under an executive order declaring a state or emergency or disaster exists as a result of a public health emergency, as defined in Code Section 38-3-3, shall be effective for the duration of the emergency or disaster and for a period of not more than 120 days thereafter."
SECTION 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 18. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
WEDNESDAY, APRIL 3, 2002
3003
Representative Jenkins of the 110th moves to amend the Committee substitute to SB 385 by striking "transporting" on line 13 of page 9.
By inserting before the semicolon on line 15 of page 9 the following:
"or thereafter acquired in compliance with all applicable laws of this state and the United States".
The following amendment was read:
Representative Massey of the 86th et al. move to amend the Committee substitute to SB 385 by striking lines 25 through 30 of page 6 and inserting in lieu thereof the following:
"(a) The department and all county boards of health are empowered to require, by promulgate appropriate rules and regulations, for the orderly vaccination of persons located within their respective jurisdictions who wish to submit to vaccination against contagious or infectious disease where particular disease may occur, whether or not the disease may be an active threat. The department may, in addition, require provide for such other measures to prevent the conveyance of infectious matter from infected persons to other persons as may be necessary and appropriate. The department".
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 E Barnard Y Barnes N Bell N Benfield N Birdsong
Black N Boggs N Bordeaux N Borders Y Bridges N Brooks Y Broome Y Brown N Buck N Buckner Y Bulloch
Y Cox Crawford
Y Cummings Y Davis E Day
Dean N Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner N Dukes Y Ehrhart N Epps N Everett N Floyd Y Forster Y Franklin N Gardner N 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 Y Joyce E Kaye Y Keen Y Knox N Lane E Lanier Y Lewis N Lord
Y Mueller Y Muntean Y O'Neal N Orrock N Parham N Parrish N Parsons N Pelote Y Pinholster Y Poag N Porter
Powell N Purcell N Ragas N Randall N Ray N Reece N Reed N Reichert Y Rice N Richardson
Y Smith, B N Smith, C N Smith, C.W Y Smith, L N Smith, P Y Smith, T E Smith, V
Smyre Y Snelling N Snow N Squires N Stallings
Stanley N Stanley-Turner Y Stephens N Stokes E Taylor N Teague N Teper E Tillman N Turnquest
3004
Y Bunn E 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
Connell Y Cooper
JOURNAL OF THE HOUSE
Y Graves N Greene Y Hammontree N Hanner Y Harbin N Harrell N Heard
Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard
N Lucas Y Lunsford N Maddox N Mangham N Manning Y Massey N McBee Y McCall N McClinton
McKinney Millar Y Mills N Mobley N Morris N Mosley
Y Roberts, D N Roberts, L
Rogers N Royal
Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper
On the adoption of the amendment, the ayes were 67, nays 91. The amendment was lost.
Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland N 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 SB 385 by striking lines 9 through 11 of page 7 and inserting in lieu thereof the following:
"The department and all county boards of health may, from time to time, require recommend the isolation or segregation in their homes or in a hospital of persons with communicable diseases or conditions likely to endanger the health of others. The department may, in addition, require recommend quarantine in their homes or a hospital or".
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 E Barnard Y Barnes N Bell N Benfield N Birdsong
Black
Y Cox Crawford
Y Cummings Y Davis E Day
Dean N Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner
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
Y Mueller Y Muntean Y O'Neal N Orrock N Parham N Parrish N Parsons N Pelote Y Pinholster Y Poag N Porter
Y Smith, B N Smith, C N Smith, C.W Y Smith, L N Smith, P N Smith, T E Smith, V N Smyre Y Snelling N Snow N Squires
N Boggs N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn E 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
WEDNESDAY, APRIL 3, 2002
N Dukes N Ehrhart N Epps N Everett N Floyd Y Forster Y Franklin N Gardner N Golick Y Grasse Y Graves N Greene Y Hammontree N Hanner Y Harbin Y Harrell N Heard
Heckstall Y Hembree N Henson Y Hines N Holland N Holmes
Houston N Howard
N Johnson N Jordan Y Joyce E Kaye Y Keen Y Knox N Lane E 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 Y Mills
Mobley N Morris N Mosley
Powell N Purcell N Ragas N Randall N Ray N Reece N Reed N Reichert Y Rice
Richardson Y Roberts, D N Roberts, L
Rogers N Royal
Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper
On the adoption of the amendment, the ayes were 66, nays 93. The amendment was lost.
3005
N Stallings N Stanley N Stanley-Turner Y Stephens N Stokes E Taylor N Teague N Teper E Tillman N Turnquest N Twiggs Y Unterman N Walker, L
Walker, R.L N Watson N West Y Westmoreland N Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker
The following amendment was read and adopted:
Representatives Wiles of the 34th and Bordeaux of the 151st move to amend the Committee substitute to SB 385 by inserting after the semicolon on line 19 of page 1 the following:
"to provide for referral of rules and regulations related to the management of a public health emergency by the Office of Legislative Counsel to the House of Representatives and Senate Committees on Judiciary;"
By inserting after the semicolon on line 22 of page 1 the following:
"to provide for referral of rules and regulations related to vaccination and quarantine in a public health emergency by the Office of Legislative Counsel to the House of Representatives and Senate Committees on Judiciary;"
3006
JOURNAL OF THE HOUSE
By inserting after the period on line 13 of page 6 the following:
"Such rules and regulations shall be adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' but shall be automatically referred by the Office of Legislative Counsel to the House of Representatives and Senate Committees on Judiciary."
By inserting after the period on line 34 of page 6 the following:
"Such rules and regulations shall be adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' but shall be automatically referred by the Office of Legislative Counsel to the House of Representatives and Senate Committees on Judiciary."
By inserting after the period on line 16 of page 7 the following:
"Such rules and regulations shall be adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' but shall be automatically referred by the Office of Legislative Counsel to the House of Representatives and Senate Committees on Judiciary."
By inserting after the period on line 16 of page 11 the following:
"Any such rule adopted relative to a public health emergency shall be submitted as promptly as reasonably practicable to the House of Representatives and Senate Committees on Judiciary."
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Y Allen N Amerson Y Anderson Y Ashe N Bannister E Barnard N Barnes Y Bell
N Cox Crawford
Y Cummings N Davis E Day
Dean Y Deloach, B N Deloach, G
N Hudgens Y Hudson, N Y Hudson, S Y Hugley N Irvin N Jackson, B Y Jackson, L Y James
N Mueller N Muntean N O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
N Smith, B Y Smith, C Y Smith, C.W N Smith, L Y Smith, P Y Smith, T E Smith, V Y Smyre
Y Benfield Y Birdsong
Black N Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner N Bulloch N Bunn E Burkhalter 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 Y Cooper
WEDNESDAY, APRIL 3, 2002
Y Dix N Dodson N Drenner Y Dukes N Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Gardner Y Golick N Grasse N Graves Y Greene Y Hammontree Y Hanner N Harbin Y Harrell Y Heard
Heckstall Y 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 Y Keen N Knox Y Lane E Lanier N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham Y Manning N Massey Y McBee N McCall Y McClinton Y McKinney N Millar N Mills Y Mobley Y Morris Y Mosley
Y Pinholster Y Poag Y Porter
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
Sailor N Sanders N Scheid N Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
3007
N Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner N Stephens Y Stokes E Taylor Y Teague Y Teper E Tillman Y Turnquest
Twiggs N Unterman Y Walker, L N Walker, R.L Y Watson Y West N 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, by substitute, as amended, the ayes were 112, nays 52.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Representative Millar of the 59th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
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
3008
JOURNAL OF THE HOUSE
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 report of the Committee, which was favorable to the 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 E Barnard Y Barnes Y Bell Y Benfield Y Birdsong
Black Y Boggs Y Bordeaux
Borders N Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner N Bulloch N Bunn E Burkhalter N Burmeister Y Byrd N Callaway Y Campbell N Cash Y Channell Y Childers N Coan N Coleman, B Y Coleman, T N Collins
Connell N Cooper
N Cox Y Crawford Y Cummings N Davis E Day Y Dean Y Deloach, B N Deloach, G
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 N Graves Y Greene E Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall N Hembree Y Henson N Hines Y Holland Y Holmes
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 E Kaye N Keen N Knox Y Lane E Lanier N Lewis Y Lord
Lucas N Lunsford Y Maddox Y Mangham N Manning N Massey Y McBee Y McCall Y McClinton
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 Y Pinholster Y 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 N Scheid
Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
N Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T E Smith, V Y Smyre N Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner N Stephens Y Stokes E Taylor Y Teague Y Teper E Tillman Y Turnquest Y Twiggs N Unterman Y Walker, L
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
Murphy, Speaker
On the passage of the Bill, the ayes were 107, nays 51. The Bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, APRIL 3, 2002
3009
Representative Scott of the 165th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.
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 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.
The following Bills of the House were taken up for the purpose of considering the Senate substitute or amendment thereto:
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.
The following Senate substitute was read:
3010
JOURNAL OF THE HOUSE
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 enact the "Prevention of Predatory Lending Through Education Act"; to define certain terms; to create within the Governors Office of Consumer Affairs the Council for the Prevention of Predatory Lending Through Education; to provide for membership, terms, and officers; to provide that the council shall investigate the circumstances surrounding questionable home loans and to refer complaining consumers to appropriate governmental agencies or consumer protection organizations for assistance; to provide that the council shall design, approve, and implement education programs that inform and educate consumers, particularly those most vulnerable to being taken advantage of by predatory and unscrupulous lenders, as to the dangers and pitfalls of entering into a home loan through cooperation and contracting with community based organizations to accomplish such directive; to provide that the council shall refer individual cases in which there is evidence of an apparent violation of federal or state laws or regulations to the appropriate governmental agency for further investigation and action; to provide that the council shall conduct an extensive state-wide study of the root cause of home loans which go into default and foreclosure, using as much empirical data as are available, and recommend to the Governor proposed consumer protection legislation; 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.
WEDNESDAY, APRIL 3, 2002
3011
(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, 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;
3012
JOURNAL OF THE HOUSE
(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 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
WEDNESDAY, APRIL 3, 2002
3013
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 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.
3014
JOURNAL OF THE HOUSE
(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 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
WEDNESDAY, APRIL 3, 2002
3015
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; (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:
3016
JOURNAL OF THE HOUSE
(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 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
WEDNESDAY, APRIL 3, 2002
3017
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 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
3018
JOURNAL OF THE HOUSE
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 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
WEDNESDAY, APRIL 3, 2002
3019
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 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.
3020
JOURNAL OF THE HOUSE
(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 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.
WEDNESDAY, APRIL 3, 2002
3021
(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. (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. (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
3022
JOURNAL OF THE HOUSE
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 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.
7-6A-12. (a) This Code section shall be known and may be cited as the 'Prevention of Predatory Lending Through Education Act.' (b) As used in this Code section, the term:
(1) 'Council' means the Council for the Prevention of Predatory Lending Through Education created by this Code section. (2) 'Home loan' means a loan or agreement to extend credit made to a natural person, which loan is secured by a deed to secure debt, security deed, mortgage, security instrument, deed of trust, or other document representing a security interest or lien upon any interest in one-to-four family residential property or a manufactured home located in Georgia, regardless of where made, including the renewal or refinancing of any such loan. Without limiting the generality of the foregoing, the term specifically includes a home equity line of credit or other similar agreement. (3) 'Predatory or unscrupulous lending practices' includes, without limitation, making unaffordable loans based on the borrowers home equity without regard to the borrowers ability to repay the obligation; inducing a borrower to refinance a loan repeatedly and charging additional points and fees, even though refinancing may not be in the borrowers interest; and engaging in fraud or deception to conceal the true nature of the loan obligation from an unsuspecting or unsophisticated borrower.
WEDNESDAY, APRIL 3, 2002
3023
(c) There is created within the Governors Office of Consumer Affairs the Council for the Prevention of Predatory Lending Through Education to be composed of four members appointed by the Governor, four members appointed by the President of the Senate, and four members appointed by the Speaker of the House of Representatives. The members appointed should represent every area of the state and should come from a diversity of economic and consumer advocacy backgrounds. The members shall serve without compensation but shall receive the same per diem and mileage allowance as authorized for members of the General Assembly. The administrator or his or her designee shall serve as chairperson. The members of the council shall elect such other officers as the council deems necessary. Of the initial four members appointed by each appointing authority, two shall serve terms of one year and two shall serve terms of two years. Thereafter, members shall serve terms of two years and may be reappointed in the same manner as the initial appointment. (d) The council shall meet upon the call of the chairperson; provided, however, that the council shall meet no less often than once a month. The council shall have the authority, when a majority of the members deem necessary, to hold public hearings throughout the state and to receive input from citizens and organizations concerning local problems involving predatory lending. (e) The council shall have the following powers and duties:
(1) To design and approve education programs that inform and educate consumers, particularly those most vulnerable to being taken advantage of by predatory or unscrupulous lending practices, as to the dangers and pitfalls of entering into a home loan; (2) To cooperate with community based organizations to accomplish such directive. The council may accept and review proposals from community based nonprofit organizations to conduct such educational programs and enter into contracts with such organizations for the provision of such services; (3) To operate and publish a state-wide toll-free number to receive consumer complaints relating to predatory or unscrupulous lending practices in relation to home loans. The council shall also maintain a list of nonprofit consumer counselor organizations. Upon the written complaint of a consumer, to investigate the circumstances surrounding a home loan and, if appropriate, to refer the complaining consumer to appropriate governmental agencies, consumer protection, or consumer counselor organizations for assistance; (4) To refer individual allegations of predatory or unscrupulous lending practices in which there is evidence of an apparent violation of federal or state laws or regulations to the appropriate governmental agency for further investigation and action; (5) To cooperate with legitimate lending institutions to assist the industry in identifying and eliminating unscrupulous predatory lenders within the industry; (6) To conduct an extensive state-wide study of the root cause of home loans which go into default and foreclosure, using as much empirical data as are available, and to develop and recommend to the Governor and the General Assembly proposed consumer protection legislation; and
3024
JOURNAL OF THE HOUSE
(7) To perform such other functions as necessary to carry out the intention of this Code section."
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.
Representative Parrish of the 144th moved that the House disagree to the Senate substitute to HB 1361.
The motion prevailed.
HB 360. By Representatives Manning of the 32nd, Reece of the 11th, Smith of the 103rd, Mueller of the 152nd, Barnard of the 154th and others:
A BILL to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for voluntary relinquishment of a newborn under certain circumstances; and for other purposes.
The following Senate amendment was read:
Amend HB 360 by striking line 16 on page 1 and inserting in lieu thereof the following:
"This chapter shall be known and may be cited as the 'Safe Place for Newborns Act of 2002.'".
Representative Manning of the 32nd moved that the House agree to the Senate amendment to HB 360.
On the motion, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson Y Anderson Y Ashe
Y Cox Y Crawford Y Cummings Y Davis
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Y Mueller N Muntean Y O'Neal Y Orrock
Y Smith, B Smith, C
Y Smith, C.W Y Smith, L
Bannister E Barnard Y Barnes Y Bell Y Benfield
Birdsong Black Y Boggs Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Buckner Y Bulloch Y Bunn E Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
WEDNESDAY, APRIL 3, 2002
E Day Dean
Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Forster N Franklin Y Gardner Y Golick Y Grasse E Graves Y Greene E Hammontree Y Hanner Y Harbin Y Harrell Y Heard Heckstall Y Hembree Y Henson N Hines Y Holland Holmes Y Houston Y Howard
Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce E Kaye Y Keen Y Knox
Lane E Lanier Y Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham Y Manning E Massey Y McBee Y McCall
McClinton Y McKinney Y Millar Y Mills Y Mobley
Morris Y Mosley
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
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
On the motion, the ayes were 137, nays 4. The motion prevailed.
3025
Y Smith, P Y Smith, T E Smith, V Y Smyre Y Snelling
Snow Y Squires Y Stallings
Stanley Stanley-Turner Y Stephens Y Stokes E Taylor Teague Y Teper E 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
Representatives Sinkfield of the 57th, 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.
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:
3026
JOURNAL OF THE HOUSE
SR 983. By Senators Walker of the 22nd, Starr of the 44th and Dean of the 31st: A resolution relative to adjournment; and for other purposes.
The following Resolution of the Senate was read:
SR 983. By Senators Walker of the 22nd, Starr of the 44th 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 Wednesday, April 3, 2002, and shall reconvene on Tuesday, April 9, 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.
The following amendment was read:
Representative Westmoreland of the 104th moves to amend SR 983 as follows: On line 4, after 2002, add
"and adjourn on Thursday April 11, 2002, Sine die."
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 E Barnard
Y Cox Y Crawford N Cummings Y Davis E Day
Dean
Y Hudgens N Hudson, N N Hudson, S N Hugley Y Irvin Y Jackson, B
Y Mueller Y Muntean Y O'Neal N Orrock N Parham N Parrish
Y Smith, B N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T
N Barnes N Bell N Benfield N Birdsong
Black N Boggs N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn E 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
WEDNESDAY, APRIL 3, 2002
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
Golick Y Grasse E Graves N Greene Y Hammontree N Hanner Y Harbin N Harrell N Heard
Heckstall Y Hembree
Henson Y Hines N Holland
Holmes N Houston N Howard
N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce E Kaye Y Keen Y Knox N Lane E Lanier Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning E Massey Y McBee
McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley
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 N Roberts, L Y Rogers N 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 66, nays 94. The amendment was lost.
3027
E Smith, V N Smyre Y Snelling N Snow N Squires N Stallings N Stanley N Stanley-Turner Y Stephens N Stokes E Taylor N Teague N Teper E 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
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Y Allen N Amerson Y Anderson Y Ashe
Bannister E Barnard Y Barnes Y Bell Y Benfield Y Birdsong
Black Y Boggs Y Bordeaux
N Cox Y Crawford Y Cummings N Davis E Day
Dean Y Deloach, B N Deloach, G N Dix Y Dodson Y Drenner Y Dukes N Ehrhart
N Hudgens Y Hudson, N Y Hudson, S Y Hugley N Irvin N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings Y Johnson Y Jordan
N Mueller N Muntean N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Pelote N Pinholster Y Poag Y Porter Y Powell Y Purcell
N Smith, B Y Smith, C N Smith, C.W N Smith, L Y Smith, P Y Smith, T E Smith, V Y Smyre N Snelling Y Snow
Squires Y Stallings Y Stanley
3028
Y Borders Y Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner N Bulloch N Bunn E Burkhalter N Burmeister Y Byrd N Callaway N Campbell N Cash Y Channell Y Childers N Coan N Coleman, B Y Coleman, T N Collins Y Connell N Cooper
JOURNAL OF THE HOUSE
Y Epps Y Everett Y Floyd N Forster N Franklin Y Gardner Y Golick N Grasse E Graves Y Greene N Hammontree Y Hanner N Harbin Y Harrell Y Heard E Heckstall N Hembree
Henson N Hines Y Holland Y Holmes Y Houston Y Howard
N Joyce E Kaye N Keen N Knox Y Lane E Lanier N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham N Manning E Massey Y McBee Y McCall Y McClinton Y McKinney N Millar N Mills Y Mobley Y Morris Y Mosley
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 N 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 99, nays 61. The Resolution was adopted.
Y Stanley-Turner N Stephens Y Stokes E Taylor Y 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 Y Wix N Yates
Murphy, Speaker
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
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.
The following Senate amendment was read:
Amend HB 1220 by inserting "or policy owner" after "insured" on line 21 of page 2.
WEDNESDAY, APRIL 3, 2002
3029
Representative Stallings of the 100th moved that the House agree to the Senate amendment to HB 1220.
On the motion, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson Y Anderson Y Ashe Y Bannister E 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 Y Buckner Y Bulloch Y Bunn E 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 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 N Franklin Y Gardner Y Golick Y Grasse E Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard E Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce E Kaye Y Keen Y Knox
Lane E Lanier Y Lewis Y Lord Y Lucas Y 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 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 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 E Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes E Taylor Y Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix
Yates Murphy, Speaker
On the motion, the ayes were 159, nays 3. The motion prevailed.
3030
JOURNAL OF THE HOUSE
Representative Reichert of the 126th arose to a point of personal privilege and addressed the House.
Representative Buckner of the 95th arose to a point of personal privilege and addressed the House.
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 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 Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
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 Senate 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,
WEDNESDAY, APRIL 3, 2002
3031
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 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
$ 36,084,470
$ 18,881,715
$ 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
Total Funds State Funds $ 6,229,383 $ 6,229,383 $ 1,108,792 $ 1,108,792
3032
JOURNAL OF THE HOUSE
Secretary of the Senate's Office Total
$ 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
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
WEDNESDAY, APRIL 3, 2002
3033
provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.
Section 2. Department of Audits. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications
Total Funds Budgeted
State Funds Budgeted
$ 31,236,900
$ 25,729,100
$
863,300
$
530,000
$
117,000
$
76,400
$ 1,072,400
$
203,000
$
0
$ 2,330,000
$
315,700
$ 31,236,900
$ 31,236,900
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
$ 138,090,139
$ 17,386,921
$ 116,612,920
$ 3,719,573
$ 1,939,121
$
48,500
$
800,000
$
628,375
$ 141,135,410
$ 138,090,139
3034
JOURNAL OF THE HOUSE
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
$ 8,867,690 $ 7,547,324
$ 11,667,428 $ 11,571,428
$ 48,915,181 $ 48,915,181
$ 44,488,982 $ 42,945,077
$ 1,464,336 $ 1,464,336
$ 1,234,973 $ 1,234,973
$ 14,405,439 $ 14,320,439
$
268,279 $
268,279
$ 7,517,177 $ 7,517,177
$ 1,950,368 $ 1,950,368
$
355,557 $
355,557
$ 141,135,410 $ 138,090,139
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
$ 43,539,424
$ 18,603,006
$ 4,663,277
$
298,253
$
20,418
$
174,400
$ 3,359,883
$ 1,101,375
$
497,335
$
730,597
$
245,435
$
0
$
0
$
0
$ 2,350,000
$ 1,039,022
$
0
$
0
$ 6,014,012
$
496,375
$
35,000
$
48,500
$
75,000
WEDNESDAY, APRIL 3, 2002
3035
Alternative Fuels Grant State Self Insurance Fund Payments to Georgia Technology Authority Removal of Hazardous Waste
Total Funds Budgeted
State Funds Budgeted
$
500,000
$
0
$ 23,738,147
$
100,000
$ 64,090,035
$ 43,539,424
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 $ 1,249,621
$ 3,528,632 $ 3,499,262
$ 3,491,010 $
496,375
$ 2,398,048 $ 2,346,048
$ 1,073,484 $ 1,060,787
$
634,723 $
664,723
$ 2,074,388 $
572,589
$ 4,507,833 $ 4,203,909
$ 64,090,035 $ 43,539,424
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
Total Funds State Funds
$ 2,090,816 $
0
3036
JOURNAL OF THE HOUSE
Facilities Operations Property Resources Internal Operations Transportation External Operations Total
$ 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 Telephone Billings Radio Billings Materials for Resale Transfers to GIS Clearinghouse
Total Funds Budgeted
State Funds Budgeted
$
0
$ 53,818,093
$ 5,370,000
$
640,000
$
0
$
468,425
$ 19,517,244
$ 2,929,105
$
6,000
$ 22,436,256
$ 3,249,000
$
0
$ 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
$ 41,230,259
$ 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
$ 3,646,523
WEDNESDAY, APRIL 3, 2002
3037
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
$ 3,112,043
$
160,000
$
20,000
$
525,000
$
653,000
$
105,000
$
40,000
$
0
$ 53,780,278
$ 41,230,259
Departmental Functional Budgets
Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Total
Total Funds State Funds
$ 9,172,398 $ 7,793,224
$ 16,691,388 $ 13,559,253
$ 7,710,212 $ 3,960,212
$ 7,490,763 $ 7,303,763
$
0$
0
$ 11,912,727 $ 8,613,807
$
802,790 $
0
$ 53,780,278 $ 41,230,259
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
$ 11,049,163
$ 9,331,238
$
394,025
$
420,853
$
12,767
$
2,347
$
207,978
$
545,179
$
124,341
$
10,435
$
0
$ 11,049,163
$ 11,049,163
Section 7. Department of Community Affairs. State Funds
$ 46,631,330
3038
JOURNAL OF THE HOUSE
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Capital Felony Expense Contracts for Regional Planning and Development Local Assistance Grants Appalachian Regional Commission Assessment HUD-Community Development Block Pass thru
Grants Payment to Georgia Environmental Facilities
Authority Community Service Grants Home Program ARC-Revolving Loan Fund Local Development Fund Payment to State Housing Trust Fund Payments to Sports Hall of Fame Regional Economic Business Assistance Grants
GHFA EZ/EC Administration EZ/EC Grants Regional Economic Development Grants Contracts for Homeless Assistance HUD Section 8 Rental Assistance Georgia Regional Transportation Authority GHFA - Georgia Cities Foundation Georgia Leadership Unfrastructure Investment Fund Quality Growth Program
Total Funds Budgeted
State Funds Budgeted
$ 22,672,427
$ 2,068,605
$
678,602
$
0
$
354,394
$ 1,488,569
$ 1,008,976
$
775,658
$
578,636
$
543,967
$
0
$ 2,022,408
$ 14,936,970
$
133,355
$ 30,000,000
$
315,000
$ 5,000,000
$ 3,165,581
$
0
$
617,500
$ 3,281,250
$
842,541
$ 1,986,720
$
0
$
0
$ 1,128,125
$ 1,250,000
$ 50,000,000
$ 4,735,517
$ 1,500,000
$
550,000
$
250,000
$ 151,884,801
$ 46,631,330
Departmental Functional Budgets
Executive Division Planning and Environmental Management Division Business and Financial Assistance Division
Total Funds State Funds $ 20,704,271 $ 20,532,527 $ 4,550,127 $ 4,322,051 $ 37,569,542 $ 5,916,184
WEDNESDAY, APRIL 3, 2002
3039
Housing Finance Division Finance Division Administrative and Computer Support Division Georgia Music Hall of Fame Division Community Services Division Rural Development Division Total
$ 9,016,706 $ $ 3,197,330 $ $ 2,391,884 $ $ 1,606,003 $ $ 66,838,509 $ $ 6,010,429 $ $ 151,884,801 $
3,316,541 1,512,843
533,379 815,259 3,672,117 6,010,429 46,631,330
Section 8. Department of Community Health. A. Budget Unit: State Funds - Medicaid Services Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Medicaid Benefits, Penalties and Disallowances Audit Contracts Special Purpose Contracts Purchase of Service Contracts Grant in Aid to Counties Health Insurance Payments Medical Fair Loan Repayment Program Medical Scholarships Capitation Contracts for Family Practice Residency Residency Capitation Grants Student Preceptorships Medical Student Capitation Mercer School of Medicine Grant Morehouse School of Medicine Grant SREB Payments Pediatric Residency Capitation Preventive Medicine Capitation
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted
$ 1,492,924,082
$ 18,116,681
$ 33,192,499
$ 9,070,745
$
470,802
$
0
$
80,136
$ 92,692,589
$ 1,730,148
$
757,659
$ 1,749,139
$ 404,309,485
$ 4,569,936,649
$ 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
$ 8,489,983
$
481,300
$
474,240
$
120,000
$ 6,131,924,177
$ 18,116,681
$ 1,492,924,082
3040
JOURNAL OF THE HOUSE
Departmental Functional Budgets
Commissioner's Office Medicaid Benefits, Penalties and Disallowances Program Management - Medicaid Systems Management - Medicaid Office of General Counsel Office of Communications Office of Human Resources General Administration Minority Health Women's Health Employee Health Benefits Health Planning Georgia Board for Physician Workforce Board of Medical Examiners Medical Education Board Primary and Rural Health Total
Total Funds State Funds
$ 1,312,032 $
824,702
$ 4,569,936,649 $ 1,421,741,283
$ 46,810,111 $ 15,631,499
$ 101,986,274 $ 18,165,471
$ 1,327,419 $
769,854
$
523,032 $
261,516
$
408,399 $
246,182
$ 78,069,916 $ 2,867,928
$
688,383 $
470,086
$
612,663 $
595,536
$ 1,280,187,464 $
0
$ 2,503,376 $ 2,305,244
$ 40,102,368 $ 40,102,368
$ 2,439,729 $ 2,439,729
$ 1,462,134 $ 1,462,134
$ 3,554,228 $ 3,157,231
$ 6,131,924,177 $ 1,511,040,763
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
$ 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
WEDNESDAY, APRIL 3, 2002
3041
Total Funds Budgeted Tobacco Funds Budgeted
State Funds Budgeted
$ 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 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
$ 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
$ 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
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
3042
JOURNAL OF THE HOUSE
Facilities Programs Total
$ 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
Total Funds Budgeted
State Funds Budgeted
$ 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
$ 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
$ 5,905,178,553 $ 30,000,000
$ 39,756,713
$ 7,950,546
$ 1,511,817
$
0
$
361,612
$ 1,110,653
$ 2,217,576
$ 30,190,505
$ 10,606,995
$ 2,239,313
WEDNESDAY, APRIL 3, 2002
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 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
3043
$
800,451
$
0
$ 1,627,171,321
$ 1,479,094,496
$ 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
$ 145,120,212
$ 878,977,026
$ 167,551,763
$ (1,102,013,446)
$
0
$
0
$ 278,259,401
$ 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
3044
JOURNAL OF THE HOUSE
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 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
$
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
$ 12,074,667
$ 67,340,280
$ 5,030,812
$ 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
$ 21,636,228
$ 1,553,697
$
0
$
600,000
$ 4,015,000
$ 6,763,982,314
$
0
$ 30,000,000
$ 5,905,178,553
Departmental Functional Budgets
State Administration Student Learning and Achievement
Total Funds State Funds $ 15,077,513 $ 12,349,170 $ 24,912,159 $ 10,540,844
WEDNESDAY, APRIL 3, 2002
3045
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
$ 1,469,926 $ 1,392,337
$ 8,734,803 $ 3,261,336
$ 8,922,028 $
55,520
$ 18,482,276 $ 13,283,277
$ 6,667,586,133 $ 5,877,157,651
$ 6,165,490 $ 5,586,957
$ 5,743,337 $ 5,248,986
$ 6,888,649 $ 6,302,475
$ 6,763,982,314 $ 5,935,178,553
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
$
0
$
0
$
0
$
0
$
0
$
0
$
0
$
0
$
0
$
0
$
0
$
0
$
0
$
0
$
0
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
$ 1,315,264
$ 234,126,041
$ 5,844,799
$ 5,215,957
$ 1,209,764
$
36,500
$
50,000
$
0
$
0
$
0
$
5,000
$
0
$
3,000
$
11,000
$
0
$
0
3046
JOURNAL OF THE HOUSE
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 Per Diem and Fees Contracts Benefits to Retirees
Total Funds Budgeted
State Funds Budgeted
Section 13. Forestry Commission. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications 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
$ 75,495,529
$
424,000
$ 322,421,590
$ 245,186,797
$ 1,315,264
$
26,000
$ 2,826,530
$
488,800
$
29,000
$
0
$
12,450
$ 1,269,708
$
345,740
$
82,002
$
355,000
$ 1,452,000
$
26,000
$ 6,887,230
$
26,000
$ 36,716,233
$ 31,588,500
$ 6,244,849
$
182,385
$ 1,212,845
$ 1,706,331
$
357,000
$
11,518
$
993,627
$
9,500
$
577,300
$
60,000
$
28,500
$
0
$
0
$ 42,972,355
$ 36,716,233
WEDNESDAY, APRIL 3, 2002
3047
Departmental Functional Budgets
Reforestation Field Services General Administration and Support Total
Total Funds State Funds
$ 2,031,856 $
0
$ 36,516,230 $ 32,460,119
$ 4,424,269 $ 4,256,114
$ 42,972,355 $ 36,716,233
Section 14. Georgia Bureau of Investigation. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Evidence Purchased Capital Outlay Crime Victims Assistance Program Criminal Justice Grants
Total Funds Budgeted
State Funds Budgeted
$ 65,946,304
$ 52,429,252
$ 6,796,109
$
680,342
$ 1,191,897
$
862,590
$
631,960
$
651,289
$ 1,128,972
$ 2,231,277
$ 2,285,654
$
428,667
$
0
$ 1,500,000
$ 27,783,371
$ 98,601,380
$ 65,946,304
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
$ 10,408,635 $ 10,408,635
$ 20,270,763 $ 20,270,763
$ 31,601,783 $
360,377
$ 98,601,380 $ 65,946,304
Section 15. Office of the Governor. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases
$ 45,745,323
$ 22,256,865
$ 1,591,555
$
380,049
$
0
3048
JOURNAL OF THE HOUSE
Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Cost of Operations Mansion Allowance Governor's Emergency Fund Intern Program Expenses Art Grants of State Funds Art Grants of Non-State Funds Humanities Grant - State Funds Art Acquisitions - State Funds Children and Youth Grants Juvenile Justice Grants Georgia Crime Victims Assistance Program Grants to Local Systems Grants - Local EMA Grants - Other Grants - Civil Air Patrol Criminal Justice Grants Troops to Teachers Flood - Contingency
Total Funds Budgeted
State Funds Budgeted
$
98,207
$
528,967
$ 1,112,401
$
586,282
$ 2,670,014
$ 8,236,398
$ 4,718,365
$
40,000
$ 3,261,681
$
358,595
$ 4,010,880
$
274,194
$
179,645
$
0
$
0
$
0
$
0
$
482,540
$ 1,085,000
$
0
$
57,000
$
0
$
111,930
$
0
$ 52,040,568
$ 45,745,323
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
$ 11,822,001 $ 11,822,001
$ 5,430,137 $ 4,721,044
$ 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
$ 52,040,568 $ 45,745,323
WEDNESDAY, APRIL 3, 2002
3049
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 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
$ 1,383,027,116 $ 47,748,385
$ 117,944,889
$ 5,568,693
$ 2,348,842
$
0
$
461,311
$ 9,242,224
$ 4,972,880
$ 41,619,944
$ 59,169,122
$ 16,841,188
$
0
$
0
$ 87,855,208
$
163,451
$
0
$ 2,052,936
$ 33,961,019
$
0
$
0
$
500,000
$ 382,701,707
$
0
$ 8,278,248
$ 187,414,877
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
$
Total Funds 1,100,090 $ 4,103,822 $ 9,866,686 $
10,173,332 $ 1,325,637 $
74,644,906 $ 16,600,259 $
7,020,997 $ 816,116 $
3,604,262 $ 11,999,873 $
State Funds 1,100,090 4,075,306 6,369,822 9,898,332 1,325,637
35,771,281 15,738,185
5,720,964 746,116
3,577,693 5,895,408
3050
JOURNAL OF THE HOUSE
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
$ 6,617,730 $ 1,941,174
$ 9,913,489 $ 5,523,779
$ 2,758,555 $ 2,758,555
$ 6,709,587 $ 6,709,587
$ 17,391,703 $ 2,880,864
$ 18,468,380 $ 18,468,380
$
0 $ (15,823,148)
$ 1,313,982 $ 1,313,982
$ 94,249,336 $ 62,735,909
$ 1,592,615 $
15,119
$
500,000 $
500,000
$ 81,930,350 $ 18,450,090
$ 382,701,707 $ 195,693,125
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
$ 55,341,491
$ 77,868,867
$
945,967
$
0
$
292,867
$ 1,509,862
$ 1,161,649
$ 12,857,618
$
720,745
$ 1,237,699
$
292,000
$ 29,291,980
$ 156,510,752
$
0
$
196,680
$ 6,138,072
$ 344,366,249
$
0
$ 25,873,781
$ 172,740,416
Departmental Functional Budgets
District Health Administration Newborn Follow-Up Care Oral Health Stroke and Heart Attack Prevention
Total Funds State Funds
$ 13,347,984 $ 13,190,416
$ 1,346,863 $ 1,133,032
$ 2,837,037 $ 2,511,862
$ 2,136,648 $
925,786
WEDNESDAY, APRIL 3, 2002
3051
Sickle Cell, Vision and Hearing High-Risk Pregnant Women and Infants Sexually Transmitted Diseases Family Planning Women, Infants and Children Nutrition Grant in Aid to Counties Children's Medical Services Emergency Health Primary Health Care Epidemiology Immunization Community Tuberculosis Control Family Health Management Infant and Child Health Maternal Health - Perinatal Chronic Disease Diabetes Cancer Control Director's Office Vital Records Health Services Research Environmental Health Laboratory Services Community Health Management AIDS Drug and Clinic Supplies Adolescent Health Public Health - Planning Councils Early Intervention Injury Control Smoking Prevention and Cessation HIV Waiver Public Health - Division Indirect Cost Total
3. Family and Children Services Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees
$ 7,716,183 $ 6,949,364
$ 5,350,597 $ 5,350,597
$ 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
$ 7,307,126 $ 5,338,807
$ 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
$ 8,580,304 $ 8,580,304
$ 2,939,435 $ 2,661,369
$ 2,213,461 $ 1,936,625
$
739,938 $
739,938
$ 2,112,967 $ 1,581,492
$ 8,352,259 $ 8,023,259
$
244,148 $
244,148
$ 22,412,684 $ 15,559,204
$ 12,152,398 $ 4,079,320
$ 12,697,085 $ 3,097,550
$
77,311 $
59,814
$ 13,118,467 $ 10,536,070
$
334,097 $
222,092
$ 14,774,681 $ 14,774,681
$
0$
0
$
0 $ (4,024,899)
$ 344,366,249 $ 198,614,197
$ 14,111,032
$ 3,410,939
$ 1,289,817
$
0
$
237,019
$
535,702
$ 6,981,954
3052
JOURNAL OF THE HOUSE
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
$ 6,837,844
$
0
$
688,660
$ 7,665,688
$ 123,303,498
$ 7,134,127
$ 432,813,612
$ 31,112,611
$ 2,401,505
$ 379,437,124
$ 1,017,961,132
$
0
$ 3,341,218
$ 424,890,575
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
$
Total Funds 995,468 $
6,630,795 $ 4,764,064 $ 3,762,415 $ 13,827,049 $ 2,779,896 $ 4,208,363 $ 3,606,038 $ 114,134,948 $
0$ 2,795,420 $ 7,223,130 $ 128,419,461 $ 136,371,281 $ 3,190,752 $ 9,184,819 $
77,679,916 $ 28,481,647 $ 43,105,900 $
6,546,322 $ 68,066,454 $ 26,552,414 $
8,534,752 $ 46,039,968 $ 17,895,675 $
State Funds 995,468
6,118,754 2,778,235 3,762,415 1,650,566 2,529,233 2,445,745 3,606,038 48,247,444
0 0 0 62,181,599 53,499,293 0 3,065,665
33,431,594 10,745,017 15,838,963
2,670,531 36,007,662 12,391,780
3,971,061 24,591,338
9,709,222
WEDNESDAY, APRIL 3, 2002
3053
Troubled Children Child Day Care Special Projects Children's Trust Fund Indirect Cost Total
$ 60,539,258 $
$ 181,000,622 $
$ 3,958,617 $
$ 7,665,688 $
$
0$
$ 1,017,961,132 $
33,149,436 55,616,937
3,918,617 7,665,688 (12,356,508) 428,231,793
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 Tobacco Funds Budgeted State Funds Budgeted
$ 291,779,634
$ 55,774,605
$
200,000
$ 9,483,000
$ 1,991,161
$ 660,554,803
$ 1,019,783,203
$ 1,313,100
$ 10,255,138
$ 597,981,248
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 $ $ 39,797,995 $ $ 113,540,705 $ $ 20,856,360 $ $ 48,892,468 $ $ 22,833,929 $ $ 4,208,993 $ $ 285,893,712 $ $ 278,684,876 $ $ 98,637,904 $ $ 14,903,181 $ $ 9,696,529 $ $ 1,019,783,203 $
State Funds 17,802,462 17,377,874 19,341,286 30,103,350 66,984,478 17,228,790 21,336,523 18,888,565 3,268,303
204,007,703 130,306,794
47,279,389 8,589,931 5,720,938
608,236,386
Budget Unit Object Classes: Personal Services Regular Operating Expenses Travel
$ 479,177,046 $ 86,848,499 $ 4,584,626
3054
JOURNAL OF THE HOUSE
Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Operating Expenses Community Services Case Services Children's Trust Fund Cash Benefits Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Grant-In-Aid to Counties Major Maintenance and Construction Utilities Postage Payments to DCH-Medicaid Benefits Grants to County DFACS - Operations Medical Benefits Brain and Spinal Trust Fund 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
$
200,000
$
991,197
$ 11,287,788
$ 13,116,483
$ 61,315,406
$ 59,889,867
$ 18,767,547
$ 55,774,605
$ 660,554,803
$
0
$ 7,665,688
$ 123,303,498
$ 7,426,127
$ 432,813,612
$ 148,259,799
$ 156,510,752
$ 2,154,612
$ 9,483,000
$ 4,651,121
$ 33,961,019
$ 379,437,124
$ 6,138,072
$
500,000
$ 2,764,812,291
$ 1,313,100
$ 47,748,385
$ 1,383,027,116
$ 28,725,467
$ 65,430,712
$ 12,728,860
$ 1,118,395
$
593,806
$
20,000
$
62,597
$
391,336
$
852,119
$
442,215
$
53,200
$ 1,360,286
WEDNESDAY, APRIL 3, 2002
3055
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
$
253,100
$ 10,799,553
$
0
$
0
$
50,000
$
0
$
0
$ 65,430,712
$ 94,156,179
$ 65,430,712
$ 28,725,467
Departmental Functional Budgets
Administration Economic Development Trade Tourism Film Total
Total Funds State Funds
$ 77,581,273 $ 77,581,273
$ 7,491,095 $ 7,491,095
$ 2,850,492 $ 2,850,492
$ 5,584,997 $ 5,584,997
$
648,322 $
648,322
$ 94,156,179 $ 94,156,179
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
Total Funds State Funds
$ 5,429,808 $ 5,429,808
$ 5,813,072 $ 5,813,072
$
499,689 $
499,689
3056
JOURNAL OF THE HOUSE
Fire Safety and Mobile Home Regulations Special Insurance Fraud Fund Total
$ 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 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
$ 274,799,669
$ 164,615,021
$ 14,965,102
$ 2,155,293
$
214,143
$ 1,001,029
$ 1,872,910
$ 3,041,474
$ 2,307,499
$ 5,514,460
$ 3,687,454
$ 3,262,322
$
655,000
$
0
$ 87,630,495
$
0
$
0
$
0
$
250,000
$ 1,687,100
$ 292,859,302
$ 274,799,669
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
Total Funds State Funds
$ 71,908,834 $ 70,404,874
$ 72,450,294 $ 70,508,439
$ 40,670,498 $ 39,578,601
$ 32,049,960 $ 27,545,153
$
619,520 $
619,520
$ 1,408,795 $ 1,408,795
$ 42,035,575 $ 35,039,059
$ 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
WEDNESDAY, APRIL 3, 2002
3057
Children and Youth Coordinating Council Total
$ 2,508,098 $
598,098
$ 292,859,302 $ 274,799,669
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
Total Funds Budgeted
State Funds Budgeted
$ 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
$
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
$ 29,731,459
$ 91,988,113
$ 13,963,645
$ 2,008,995
$
39,095
$ 1,015,890
$ 5,790,455
$ 7,230,026
$ 4,739,695
$ 2,573,235
$ 3,138,419
$ 41,304,191
$ 1,085,245
$ 12,798,824
$
255,000
$
0
$
0
$ 187,930,828
3058
JOURNAL OF THE HOUSE
Indirect DOAS Services Funding State Funds Budgeted
$
100,000
$ 29,731,459
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
$ 86,252,419 $ 18,977,169
$ 1,584,536 $
343,758
$ 4,174,761 $ 2,697,115
$ 54,867,080 $
0
$ 11,806,275 $
706,900
$ 29,245,757 $ 7,006,517
$ 187,930,828 $ 29,731,459
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
$ 15,558,651
$ 15,179,627
$
719,600
$
183,617
$
0
$
0
$
302,292
$
837,469
$
194,200
$ 19,424,422
$
0
$
199,150
$ 37,040,377
$ 15,558,651
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
$
0
$ 8,414,696
$ 1,126,141
$
107,263
$
0
$
651,119
$
335,350
$
919,326
$ 1,682,822
$
184,400
$
820,675
WEDNESDAY, APRIL 3, 2002
3059
Total Funds Budgeted
Federal Funds Other Agency Funds Agency Assessments Deferred Compensation State Funds Budgeted
$ 14,241,792
$
0
$ 1,430,262
$ 12,125,640
$
685,890
$
0
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
$ 91,937,811
$ 61,651,453
$ 8,476,832
$
462,062
$
327,206
$
738,335
$ 12,561,537
$ 2,536,453
$ 3,179,499
$
751,198
$ 1,318,987
$
0
$ 6,892,489
$
34,900
$
348,651
$ 3,459,434
$
750,000
$
102,668
$ 103,591,704
$ 1,960,000
$ 91,937,811
Departmental Functional Budgets
Administration Operations Enforcement Total
Total Funds State Funds $ 32,500,460 $ 27,213,875 $ 54,150,562 $ 54,150,562 $ 16,940,682 $ 10,573,374 $ 103,591,704 $ 91,937,811
Section 24. Department of Natural Resources. A. Budget Unit: State Funds - Department of
Natural Resources Personal Services Regular Operating Expenses
$ 147,648,589 $ 89,928,465 $ 15,532,657
3060
JOURNAL OF THE HOUSE
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 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
$
813,926
$
839,822
$ 2,216,960
$ 3,223,333
$ 1,418,551
$ 10,380,063
$
890,900
$ 1,399,335
$
0
$
725,000
$ 1,333,300
$
860,176
$ 4,560,913
$
982,330
$
500,000
$
800,000
$
341,000
$
0
$
353,056
$
62,700
$ 7,595,077
$ 6,132,574
$
0
$ 1,907,177
$
100,000
$
31,000
$
24,000
$ 1,007,434
$ 30,000,000
$ 183,959,749
$
840,190
$
0
$ 1,331,931
$ 1,434,982
$
200,000
$ 147,648,589
WEDNESDAY, APRIL 3, 2002
3061
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
$ 35,613,132 $ 35,565,866
$ 7,437,028 $ 7,437,028
$ 2,904,208 $ 2,414,208
$ 42,159,855 $ 22,204,135
$ 2,623,220 $ 2,452,358
$ 37,535,389 $ 32,203,418
$ 55,227,569 $ 45,016,141
$
459,348 $
355,435
$ 183,959,749 $ 147,648,589
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
$ 3,267,771
$ 2,416,232
$
10,000
$
0
$
41,000
$
20,000
$
0
$
80,000
$
89,167
$
754,000
$
0
$ 6,678,170
$
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
$
0
$ 1,245,057
$
201,000
$
12,000
$
0
$
7,000
$
12,000
$
0
$
12,000
$
500
$
70,685
$
173,000
$
120,000
3062
JOURNAL OF THE HOUSE
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
Total Funds Budgeted Indirect DOAS Service Funding
State Funds Budgeted
$ 1,853,242
$
0
$ 50,456,218
$ 41,313,370
$ 1,488,825
$
431,800
$
69,239
$
291,500
$
606,200
$ 3,113,201
$ 1,065,600
$
523,304
$
740,679
$
792,500
$
20,000
$ 50,456,218
$ 50,456,218
$ 84,590,265
$ 73,699,300
$ 8,325,571
$
105,552
$ 2,876,986
$
370,337
$
758,170
$
47,834
$ 2,100,380
$
473,920
$
301,800
$
145,100
$
0
$
5,000
$ 89,209,950
$
990,000
$ 84,590,265
WEDNESDAY, APRIL 3, 2002
3063
Departmental Functional Budgets
Administration Field Operations Total
Total Funds State Funds $ 19,232,624 $ 17,914,374 $ 69,977,326 $ 66,675,891 $ 89,209,950 $ 84,590,265
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
$ 15,428,240
$ 10,842,080
$ 3,236,450
$
157,698
$
68,987
$
191,652
$
294,735
$
223,224
$
324,121
$
352,932
$
520,502
$ 2,525,200
$ 2,916,314
$
0
$ 21,653,895
$ 15,428,240
Departmental Functional Budgets
Total Funds State Funds
Office of Highway Safety
$ 4,447,309 $
629,360
Georgia Peace Officers Standards and Training
$ 1,545,152 $ 1,545,152
Police Academy
$ 1,522,410 $ 1,186,917
Fire Academy
$ 1,244,870 $ 1,132,013
Georgia Firefighters Standards and Training Council $
484,379 $
484,379
Georgia Public Safety Training Facility
$ 12,409,775 $ 10,450,419
Total
$ 21,653,895 $ 15,428,240
Section 27. Public School Employees' Retirement System.
State Funds Payments to Employees' Retirement System Employer Contributions
Total Funds Budgeted
$ 15,258,226
$
625,000
$ 14,633,226
$ 15,258,226
3064
JOURNAL OF THE HOUSE
State Funds Budgeted
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
$ 15,258,226
$ 9,198,879
$ 6,923,247
$
265,711
$
124,876
$
66,640
$
20,300
$
252,586
$
412,531
$
141,660
$
804,639
$
460,000
$ 9,472,190
$ 9,198,879
$ 1,445,728,283 $ 6,585,889
$ 1,688,733,528 $ 388,632,432
$ 380,477,080
$ 827,773,561
$ 33,260,523
$ 1,166,606
$
360,923
$ 1,014,986
$ 30,130,342
$ 188,870,159
$ 3,540,420,140
$ 127,332,403
$ 1,216,405,993
$ 741,328,072
$ 3,039,500
$ 6,585,889
$ 1,445,728,283
WEDNESDAY, APRIL 3, 2002
3065
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 Georgia Medical College Health, Inc.
Total Funds Budgeted
Departmental Income Sponsored Income Other Funds
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted
$ 224,730,203
$
0
$ 134,267,770 $ 65,692,480
$ 55,094,345 $ 31,293,568 $ 3,139,863
$ 23,388,270
$
0
$
0
$ 7,308,350
$
874,601
$
565,155
$ 1,735,650
$ 19,454,616
$ 34,704,064
$
0
$ 36,189,947
$ 413,708,679
$ 8,543,070
$ 108,954,866
$ 70,937,040
$
543,500
$
0
$ 224,730,203
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
Total Funds State Funds $ 2,749,883 $ 1,665,083 $ 5,163,068 $ 1,819,648 $ 1,842,242 $ 1,074,609 $ 113,487,808 $ 10,009,746
$ 23,388,270 $ 10,114,902 $ 74,349,121 $ 46,208,402
3066
JOURNAL OF THE HOUSE
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
$ 62,578,717 $ 39,484,580
$
193,500 $
0
$ 3,990,973 $ 3,990,973
$ 6,559,351 $
552,351
$ 3,625,810 $
0
$ 3,353,970 $
0
$ 67,894,712 $ 67,787,863
$ 38,368,095 $ 35,858,887
$ 6,163,159 $ 6,163,159
$ 413,708,679 $ 224,730,203
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
$ 14,574,720
$ 16,249,224
$ 4,070,278
$ 2,784,685
$ 37,678,907
$ 37,678,907
$
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
$
0
$
0
$
0
$
0
$
0
$
0
$
0
$
0
$
0
$
0
$
0
Section 30. Department of Revenue. State Funds Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment
$ 446,048,850
$
150,000
$ 57,298,943
$ 4,360,782
$
936,361
$
69,705
$
77,384
WEDNESDAY, APRIL 3, 2002
3067
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
$ 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
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
$ 34,736,820
$ 18,831,232
$ 4,758,833
$
424,424
$
105,241
$
73,782
$ 3,838,024
$ 4,001,878
$ 1,017,577
$
355,721
$ 1,802,955
$
591,503
3068
JOURNAL OF THE HOUSE
Capital Outlay
Total Funds Budgeted State Funds Budgeted
$
0
$ 35,801,170
$ 34,736,820
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 State Examining Boards Holocaust Commission Total
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
$ 1,457,507 $ 1,457,507
$
567,664 $
567,664
$ 9,465,636 $ 9,315,636
$
306,612 $
306,612
$ 35,801,170 $ 34,736,820
C. 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
$ 3,547,564 $ 1,667,807
WEDNESDAY, APRIL 3, 2002
Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts County Conservation Grants
Total Funds Budgeted
State Funds Budgeted
Section 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
3069
$
211,806
$
42,343
$
0
$
23,184
$
15,953
$
119,052
$
40,686
$
139,838
$ 1,841,300
$
86,000
$ 4,187,969
$ 3,547,564
$ 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
3070
JOURNAL OF THE HOUSE
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 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
$ 379,813,203
$ 220,556,031
$ 48,293,781
$ 55,433,750
$
0
$ 41,856,010
$
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
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
$ 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
WEDNESDAY, APRIL 3, 2002
3071
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
$ 278,061,817
$ 6,492,087
$
384,501
$
127,800
$
0
$
49,854
$
588,518
$
145,690
$
169,734
$
698,328
$
115,980
$
0
$ 245,481,572
$ 61,688,354
$ 1,000,000
$ 19,774,524
$ 3,640,099
$ 13,451,893
$ 353,808,934
$ 278,061,817
Departmental Functional Budgets
Administration Institutional Programs Total
Total Funds State Funds $ 8,772,492 $ 6,712,704 $ 345,036,442 $ 271,349,113 $ 353,808,934 $ 278,061,817
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
3072
JOURNAL OF THE HOUSE
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 Spoilage, Land Acquisition, Clearing and Preparation Contracts with the Georgia Rail Passenger Authority Payments to the State Road and Tollway Authority
Total Funds Budgeted
State Funds Budgeted
$ 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 $ 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
$ 3,190,812 $ 2,533,017
$ 50,302,830 $ 14,791,620
$
710,855 $
710,855
$ 54,204,497 $ 18,035,492
Section 37. Department of Veterans Service. State Funds
$ 21,911,711
WEDNESDAY, APRIL 3, 2002
3073
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
$ 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
$
0
$
436,000
$ 32,241,596
$ 21,911,711
Departmental Functional Budgets
Veterans Assistance Veterans Nursing Home-Augusta Total
Total Funds $ 24,428,252 $ $ 7,813,344 $ $ 32,241,596 $
State Funds 19,332,496 2,579,215 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.
3074
JOURNAL OF THE HOUSE
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (Issued) Motor Fuel Tax Funds (Issued)
$ 570,114,074 $ 51,000,000 $ 621,114,074
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New) Motor Fuel Tax Funds (New)
$
0
$
0
$
0
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.
WEDNESDAY, APRIL 3, 2002
3075
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., 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.
3076
JOURNAL OF THE HOUSE
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
Description
Amount
Georgia Mountain RDC Water Planning
$ 45,000
Athens/Clarke County
Purchase a van for resident transportation need at Lanier Gardens/Talmadge Terrace in Athens/Clarke County
$
25,000
Athens/Clarke County
Contract W Athens Tutorial Program for after school tutorial and enrichment program in Athens/Clarke county
$ 10,000
Athens/Clarke Funding for the Non-profit Community Children's
County
Chorus at the University of Georgia in Athens/Clarke $ 15,000
County
Athens/Clarke County
Roof repair at building housing Kelley Diversified Inc. in Athens/Clarke County
$
20,000
Athens/Clarke Provide for project Safe Campuses Now in
County
Athens/Clarke County
$ 30,000
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
Atkinson County Commission
Courthouse parking lot expansion, courtroom renovation and farmers' market in Atkinson County
$
10,000
Augusta/ Richmond County
Contract for services with the Augusta Mini Theater, Inc.
in Augusta/ Richmond County
$ 50,000
WEDNESDAY, APRIL 3, 2002
3077
Augusta/ Richmond County
Augusta/ Richmond County
Augusta/ Richmond County
Augusta/ Richmond County
Augusta/ Richmond County
Augusta/ Richmond County
Augusta/ Richmond County
Augusta/ Richmond County
Augusta/ Richmond County
Program enhancements for the Augusta Players in Augusta/Richmond County
$ 25,000
Planning money for railroad track removal in downtown
Augusta
$ 50,000
Contract for services with Harrisburg Neighborhood Association for food and essentials for the needy in Augusta/Richmond County
$ 30,000
Construct playground for disabled children in Central
Savannah River Area for the Rachel Longstreet
$ 25,000
Foundation in Augusta/Richmond County
Exhibition improvements and expansion of education
programs at the Augusta Museum of History
$ 15,000
Contract for services with the Beyond The Ark Outreach
Services B.T.A. in Augusta/Richmond County
$ 10,000
Expand operation of the Augusta/Richmond County
Animal Control
$ 5,000
Technology computer center within the Barton Village
Community in Augusta/Richmond County
$ 10,000
Contract for services with Augusta African/American Historical Community in Augusta/Richmond County to $ identify historical locations
10,000
3078
JOURNAL OF THE HOUSE
Augusta/ Richmond County
Augusta/ Richmond County
Contract for services with Shiloh Comprehensive Community Center in Augusta/Richmond County
$ 5,000
Contract for services with Beulah Grove Community Resource Center in Augusta/Richmond County
$ 10,000
Augusta/ Richmond County
Augusta/ Richmond County
Contract services with Augusta/Richmond Opportunities
in Augusta/Richmond County
$
5,000
Contract for services with Neighborhood Improvement
Programs in Augusta/Richmond County
$
5,000
Augusta/ Richmond County
Augusta/ Richmond County
Contract for services with Lucy Craft Laney Museum in
Augusta/Richmond County
$
5,000
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
Augusta/ Richmond County
Contract for services with CSRA Transitional Center, Inc. for programs to combat juvenile delinquency in $ 10,000 Augusta/Richmond County
Contract for services with New Savannah Road Social
Services in Augusta/Richmond County
$ 40,000
Avondale Estates Renovate Boy Scout's building in the City of Avondale Estates
$
10,000
Bacon County
Purchase 4-H equipment and supplies for Bacon County Extension Service
$
2,000
WEDNESDAY, APRIL 3, 2002
3079
Bacon County Improvements at Bacon County Recreation Department $ 5,000
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
Baldwin County
Purchase Thermal Imaging Camera Baldwin County Fire Department
equipment
for
use
by
$
10,000
Baldwin County Purchase digital mapping system for Baldwin County $ 20,000
Baldwin County Continuation of Office of Solicitor General's victim assistance programs in Baldwin County
$ 5,000
Baldwin County Funds for Baldwin/Oconee River Greenway Project in Baldwin County
$
10,000
Baldwin County Fund the Victims Assistance Program in Baldwin County
$ 15,000
Baldwin County Funding for programs at the Boys and Girls Club of Baldwin and Jones Counties
Banks County Purchase of used van for the Banks County Senior Center
$ 5,000 $ 20,000
Banks County Design health services for senior citizens in Banks Commission County
Banks County Board of Education
Purchase band uniforms for the Banks County High School
$ 15,000 $ 30,000
3080
JOURNAL OF THE HOUSE
Bartow County
Provide funding for programs and initiatives at Bartow Collaborative, Inc. in Bartow County
$
13,000
Bartow County Purchase equipment for Bartow County Fire Department $ 13,000
Bartow County Improvements to Stilesboro Academy in the City of Cartersville
Berrien County Permanently mounted bleachers for Berrien County Recreation Complex
$ 4,000 $ 20,000
Bibb County Bibb County
Contract for services with The Mentors Project of Bibb County Inc.
$
10,000
Contract for services with Macon/Bibb County Health Department for HIV/AIDS education and prevention
$
15,000
Bibb County Bibb County
Improvements to 3 regional, co-ed soccer fields in Bibb County
$
25,000
Contract for services with Adopt-A-Role Model in Bibb County
$
50,000
Bibb County Bibb County
General operation of the Harriet Tubman Museum in Bibb County
$ 100,000
Contract for services with the Middle Georgia Council on Drugs in Bibb County
$
20,000
Bibb County Bibb County
General operation of The Hay House in Bibb County
Contract for services with the Ruth Mosely Center in Bibb County
$ 50,000 $ 50,000
Bibb County
Funding for Kings Park Literacy program in Bibb County
$ 5,000
WEDNESDAY, APRIL 3, 2002
3081
Bibb County Board of Education
Enhancements for school band and fine arts program at
Central High in Bibb County
$ 25,000
Bibb County Courts
Contract for services with Macon/Bibb County Teen Court, Inc.
$ 10,000
Bleckley County Athletic improvements for Bleckley County High School
Board of
$
Education
10,000
Bleckley County Bleckley County Development Authority Construction
Development Project
$
Authority
25,000
Bleckley County Provide funding for records management software in Bleckley County
$ 25,000
Brantley County Contract for services with Brantley County Historical Society for operation of library/museum
$
Brantley County Purchase of uniforms and equipment for the Brantley
Board of
County High School
$
Education
5,000 5,000
Brantley County Brantley County Intergovernmental Relations Office $ 5,000
Brantley County Brantley County travel expense fund
$ 5,000
Brooks County Purchase technology lab equipment for Brooks County
Board of
High School
$
Education
30,000
Bryan County Flooring for the Pembroke Public Library in Bryan County
$ 5,000
Bulloch County Development and construction of athletic fields in
Board of
Bulloch County
Education
$ 10,000
3082
JOURNAL OF THE HOUSE
Bulloch County Development of nature trails and elevated boardwalks at
Board of
Mill Creek Regional Park in Bulloch County
$
Education
10,000
Bulloch County Resurface asphalt track at Southeast Bulloch High School in Bulloch County
$ 10,000
Burke County Contract for services with CSRA-EOA/Burke County
Head Start for Reading Readiness Program and
$
children's library in Burke County
5,000
Candler County Implement 911 emergency system in Candler County $ 25,000
Carroll County Establish a symphony orchestra in Carroll County
$ 25,000
Carroll County Remodeling, expanding, and upgrading the Carroll County Agriculture Education Center
$ 20,000
Carroll County Outdoor lighting system for Bowdon High School in
Board of
Carroll County
Education
$ 56,600
Charlton County Purchase recreation equipment for Charlton County
$ 5,000
Chatham County Contract for services with the Community Cardiovascular Council, Inc. in Chatham County
$ 10,000
Chatham County Expand the kitchen for the Meals on Wheels Program at Senior Citizens Inc. of Savannah in Chatham County
$
50,000
Chatham County Provide for Head Start Program classroom for the City of Savannah
$
10,000
Chatham County Restoration and repair of the Greenbriar Children's Center, Inc. in Chatham County
$ 35,000
Chatham County Implementation of the Food and Butter Caf for Second Harvest Food Bank of Georgia. in Chatham County
$
25,000
WEDNESDAY, APRIL 3, 2002
3083
Chatham County Contract for services with Coastal Association of Retarded Citizens in Chatham County
$ 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
Chatham County Construction of monument to the African-American heritage in Chatham County
$ 20,000
Chatham County Funding for historical marker in the City of Savannah $ 15,000
Chatham County Provide funding for the Chatham/Effingham Library in Chatham County
$
23,740
Chattahoochee Purchase furniture, equipment and supplies for County Board Of Chattahoochee County Board Of Education Education
Chattahoochee County Commission
Preservation of an authentic Confederate uniform in Chattahoochee County
$ 25,000 $ 25,000
Chattahoochee County Commission
Construct city/county park walking trail and improvements in Chattahoochee County
Chattooga County
Repair/renovation Chattooga County Government Buildings, Chattooga County Library and Chattooga County Civic Center
$ 7,500 $ 12,500
Chattooga County
Contract for services with The Children's Advocacy Center of Lookout Mtn Judicial Circuit in Walker County
$ 10,000
3084
JOURNAL OF THE HOUSE
City of Abbeville
Upgrade wiring and plumbing in an old lunchroom building used by Arts Council in Wilcox County
$ 10,000
City of Acworth Renovations of Historic House at Logan Park Horse Farm in the City of Acworth
City of Adairsville
Purchase of garbage truck for the City of Adairsville
$ 5,000 $ 30,000
City of Alamo Purchase of a sewer jet machine for the City of Alamo $ 10,000
City of Alamo Fire station construction in City of Alamo
$ 20,000
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 Union Outreach Mission for health care for underprivileged in the City of Albany
$
15,000
City of Albany
Contract for services with Slater King Adult Day Care in the City of Albany
$
20,000
City of Albany
Funding for HAVN local nonprofit organization in the City of Albany
$
3,000
City of Albany Provide university program speakers at Albany State University
$
7,500
City of Alma
Improvement for Martin Luther King Park in the City of Alma
$
10,000
City of Ambrose Purchase playground equipment for park in the City of Ambrose
$
10,000
WEDNESDAY, APRIL 3, 2002
3085
City of
Repair drainage problems at Pioneer Farm tourist
Andersonville attraction in the City of Andersonville
$ 20,000
City of Arabi
Maintenance and repairs for community service projects in the City of Arabi
$
12,000
City of Aragon Recreation improvements for the City of Aragon
$ 25,000
City of Arlington Build a city/county volunteer firehouse in the City of Arlington
$
7,000
City of Ashburn Purchase playground equipment for recreation area in West Ashburn in the City of Ashburn
$
15,000
City of Atlanta Board of Education
After school program at Joe E. Brown Middle School in
the City of Atlanta
$
20,000
City of Atlanta
Funds to feed and shelter homeless at Jericho Rd Project in the City of Atlanta
$
15,000
City of Atlanta Contract for services with Southwest YMCA for the Brother to Brother and Sisters Only program in City of $ Atlanta
50,000
City of Atlanta Develop Total Wellness Program at Vine City Health and Housing Ministry in the City of Atlanta
$
15,000
City of Atlanta
Contract with Pittsburg Community Improvement Assn. for housing improvement and economic development in $ the City of Atlanta
30,000
City of Atlanta
Renovation of the Active Oval in Piedmont Park in the City of Atlanta
$
20,000
City of Atlanta
Provide for revitalization of Reynoldstown Community in the City of Atlanta
$
15,000
3086
JOURNAL OF THE HOUSE
City of Atlanta 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 Atlanta
Child care program and classroom conversion at the Butler St YMCA/Westside Branch in the City of Atlanta
$
15,000
City of Atlanta
Contract for services with the Georgia Citizen Coalition on Hunger in the City of Atlanta
$
25,000
City of Atlanta
Contract for services with Trinity House for services to homeless men in the City of Atlanta
$
25,000
City of Atlanta
Fund a littoral shelf for the lake at Piedmont Park in the City of Atlanta
$
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
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
City of Atlanta Contract for services with Cascade Job Training Initiative in the City of Atlanta
$ 15,000
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 Atlanta
Purchase workshop materials, transportation, personnel for Nonprofits, Inc. in the City of Atlanta
$
50,000
City of Atlanta
Purchase materials at A. D. Williams Elementary School for the City of Atlanta
$
1,000
WEDNESDAY, APRIL 3, 2002
3087
City of Atlanta Purchase materials for Alfred Blalock Elementary School in the City of Atlanta
$ 1,000
City of Atlanta
Purchase materials at Peyton Forest Elementary School for the City of Atlanta.
$
1,100
City of Atlanta
Purchase materials at Jean Childs Young Middle School in the City of Atlanta
$
1,500
City of Atlanta
Purchase materials at Margaret Fain Elementary School for the City of Atlanta
$
1,000
City of Atlanta
Purchase materials at Frederick Douglass High School for the City of Atlanta
$
10,000
City of Atlanta Funds for materials at D. M. Therrell High School for the City of Atlanta
$
4,000
City of Atlanta Purchase materials at Henry McNeal Turner Middle School for the City of Atlanta
$
2,500
City of Atlanta
Purchase materials at Fickett Elementary School for the City of Atlanta
$
1,000
City of Atlanta Purchase materials at Leonora P. Miles Elementary School for the City of Atlanta
$ 1,000
City of Alanta Purchase materials for Collier Heights Elementary School in the City of Atlanta
1,200
City of Atlanta
After school and weekend program for at risk children in the City of Atlanta
$
10,000
City of Atlanta Funding for materials at L. O. Kimberly Elementary School for the City of Atlanta
$
City of Atlanta Provide funding for Chess Club Program at George A.
Board of
Townes Elementary School for the City of Atlanta
$
Education
1,000 1,100
3088
JOURNAL OF THE HOUSE
City of Atlanta
Funding for the purchase of materials at Beecher Hills Elementary School for the City of Atlanta
$
City of Atlanta
Purchase materials at West Fulton Middle School for the City of Atlanta
$
1,000 1,500
City of Atlanta
Funding for materials at Harper-Archer High School in the City of Atlanta
$
City of Atlanta
Funding for activities at Adamsville Elementary School in the City of Atlanta.
$
3,000 1,500
City of Atlanta
Purchase materials for Grove Park Elementary School in the City of Atlanta
$
City of Atlanta
Purchase materials at F. L. Stanton Elementary School for the City of Atlanta
$
1,200 1,200
City of Atlanta
Purchase materials and supplies for Southside Cultural Awareness for the City of Atlanta
$
6,000
City of Atlanta Funding for materials and supplies at the Cascade Leadership Institute in the City of Atlanta
$ 20,000
City of Atlanta
Purchase materials at Anderson Park Elementary School for the City of Atlanta
$
1,500
City of Atlanta Purchase materials at Morris Brandon Elementary School for the City of Atlanta
$ 1,000
City of Atlanta Renovation of apartment building at Morris Brown College in the City of Atlanta
$ 125,000
City of Atlanta Purchase materials at Margaret Mitchell Elementary School for the City of Atlanta
$
1,000
City of Atlanta Public Schools
Upgrade playground equipment and drainage problem at Mary Lin Elementary School in the City of Atlanta
$
30,000
WEDNESDAY, APRIL 3, 2002
3089
City of Atlanta
Funding for materials at Carter G. Woodson Elementary School for the City of Atlanta
$
1,000
City of Atlanta Purchase materials at Clara Maxwell Pitts Elementary School for the City of Atlanta
$
1,000
City of Atlanta
Funding for materials at Benjamin E. Mays High School for the City of Atlanta
$
4,000
City of Atlanta Funding for study of tourism in the City of Atlanta
$ 20,000
City of Atlanta Purchase materials at West Manor Elementary School for the City of Atlanta
$
1,000
City of Atlanta
Funding for materials at Oglethorpe Elementary School for the City of Atlanta
$
1,500
City of Atlanta
Funding for materials at Continental Colony Elementary School for the City of Atlanta
$
1,000
City of Atlanta
Construction of the Progressive Hope House in the City of Atlanta
$
25,000
City of Atlanta Funding for materials at William J. Scott Elementary School for the City of Atlanta
$
1,000
City of Atlanta Improvements to Iverson Park in the City of Atlanta $ 15,000
City of Atlanta
Funding for materials at Warren T. Jackson Elementary School for the City of Atlanta
$
City of Atlanta Purchase materials at Walter F. White Elementary School for the City of Atlanta
$
1,000 1,000
City of Atlanta
Repair patient elevator at Southwest Hospital in the City of Atlanta
$
150,000
3090
JOURNAL OF THE HOUSE
City of Atlanta
Purchase materials at Bazoline E.Usher Middle School in the City of Atlanta
$
2,500
City of Atlanta Support Metro Atlanta and statewide arts programming $ 15,000 City of Atlanta Renovate Candler Park bathhouse in the City of Atlanta $ 50,000
City of Atlanta- Contract for services with Cascade United Methodist
DCA
Community Outreach Program in the City of Atlanta
$ 50,000
City of Augusta
Expansion of Shirley Badke Retreat for families of burn patients in the City of Augusta
$
10,000
City of Austell Replace existing roof on Austell City Hall City of Austell Funds for roof repairs for Austell City Hall
$ 25,000 $ 25,000
City of Avera Equipment purchases for the City of Avera
City of Avondale Improvements at Lake Avondale and construction of
Estates
walkway over dam in the City of Avondale
$ 6,000 $ 25,000
City of Baconton Purchase of benches and landscaping of grounds for historic Victorian home owned by City of Baconton
City of Bainbridge
Construction of handicap accessible sidewalks in the City of Bainbridge
$ 7,500 $ 10,000
City of Bainbridge
City of Blackshear
Purchase playground equipment for recreation program in the City of Bainbridge
$
15,000
Purchase equipment for multi of Blackshear
purpose facility in the City
$
5,000
City of Blairsville
Restoration of City Hall in the City of Blairsville
$ 10,000
WEDNESDAY, APRIL 3, 2002
3091
City of Bloomingdale
Provide lighting for the Taylor Park baseball and softball fields in the City of Bloomingdale
$
25,000
City of Boston Fund the Streetscape Project in the City of Boston City of Braselton Homeland Security funds for the City of Braselton
$ 25,000 $ 5,000
City of Bremen Recreation funds for the City of Bremen
$ 20,000
City of Bremen Funding for band and athletic facility improvements at the City of Bremen High School
$
13,000
City of Broxton Funding for maintenance equipment for parks and streets in the City of Broxton
City of Brunswick
Fire department improvement and equipment for the City of Brunswick
$ 15,000 $ 50,000
City of Brunswick
Purchase a new snorkel for the City of Brunswick
City of Buchanan Recreation funds for the City of Buchanan
$ 30,000 $ 20,000
City of Buchanan
Contract services for City of Buchanan/Haralson County Library
$
50,000
City of Buchanan Purchase equipment for the recreational department in the City of Buchanan
$
5,000
City of Byron Repair old Byron gymnasium in the City of Byron City of Cairo Operation of theater in the City of Cairo
$ 15,000 $ 10,000
City of Cairo
Replacement of marquis on Zebulon Theater in the City of Cairo
$
10,000
City of Camilla Welcome Center renovation for the City of Camilla
$ 15,000
3092
JOURNAL OF THE HOUSE
City of Camilla
Continued renovation of Historic Depot project for City of Camilla
$
10,000
City of Canon Renovation and equipment for City of Canon City Hall $ 5,000
City of Cartersville
City of Cave Spring
Funds to renovate baseball field and complex at the City of Cartersville High School
$
40,000
Maintenance,operations and renovation of Fannin Hall, administration building for the Fannin Campus in City of $ Cave Springs
30,000
City of Cedartown
City of Cedartown
Purchase lighting for the Cedartown Auditorium
Purchase lighting system for the City of Cedartown Civic Auditorium
$ 25,000 $ 21,000
City of Centerville
Renovation to the current police station in the City of Centerville
$
5,000
City of Chickamauga
Renovations to the downtown area of Chickamauga for a Beautification Project
$
15,000
City of Clarkston Beautification project for the City of Clarkston
$ 10,000
City of Clarkston Contract for services with Khadijaland, Inc. for cultural exchange program in the City of Clarkston
$
10,000
City of Clarkston Start up of a Multi cultural Youth Soccer League for the City of Clarkston
$
10,000
City of Clarkston Renovations to school in City of Clarkston
$ 10,000
WEDNESDAY, APRIL 3, 2002
3093
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
City of Cobbtown
Renovations and new equipment for city recreation park in the City of Cobbtown
$
5,000
City of Cochran Airport Improvements City of Cochran
$ 10,000
City of Collins Purchase fire truck for City of Collins
$ 10,000
City of Colquitt Contract with Colquitt Miller Arts Council for cultural programs in City of Colquitt
$
25,000
City of Colquitt Complete renovation of tennis courts at recreational complex in the City of Colquitt
$ 20,000
City of Columbus
Establishment of City of Columbus community center resources
$
5,000
City of Columbus
Fund personal development/career enhancement programs in the City of Columbus
$ 20,000
City of Columbus
Funding for community programs at South Westview Against Drugs in the City of Columbus
$
15,000
City of Columbus
Fund a non-profit, educational and program in the City of Columbus
personal
development
$
40,000
City of Columbus
Funding for Community Alliance Organization which implements programs for the underprivileged in the City $ of Columbus
30,000
City of Columbus
Assist non-profit organization providing housing for low to moderate income families and individuals in City of $ Columbus
47,000
3094
JOURNAL OF THE HOUSE
City of Commerce
Purchase surveillance system for the City of Commerce High School
$
15,000
City of Concord Funds to purchase Jaw of Life and 2 defibrillators for the City of Concord
$
15,000
City of Concord Install early weather warning system for the City of Concord
$ 12,000
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 Covington
Purchase voice stress analyzer tester for the City of Covington Police Department
$ 10,000
City of Crawfordville
Renovation of City Hall/Welcome Center in the City of Crawfordville
$
10,000
City of Dallas Improvements to park in the City of Dallas
$ 18,000
City of Dalton Funding for the North West Georgia Girl's Home operating expenses in the City of Dalton
$ 20,000
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 Darien
Renovate the upper level of the City Hall building in the City of Darien
$
60,000
City of Dawson Heating, air conditioning and rewiring of historic Carnegie Library in the City of Dawson
$ 10,000
City of Dawson Computers and playground equipment for the City of Dawson
$ 10,000
WEDNESDAY, APRIL 3, 2002
3095
City of Decatur
Recondition bicycles and build yellow bike stations for public use in City of Decatur
$
5,000
City of Doerun Construction of a chain link fence around electric substation in the City of Doerun
$
7,500
City of Doerun Purchase land for City of Doerun Fire Department
$ 10,000
City of
Sidewalk improvements in the City of Donalsonville
Donalsonville
$ 10,000
City of Douglas Purchase equipment for the City of Douglas Police Department
$ 3,000
City of Douglas Purchase portable Speed Detector for City of Douglas Police Department
$
3,000
City of Dublin
Stabilize the historic Fred Roberts Hotel Building which house Laurens County Senior Center in City of Dublin
$
City of Dublin Operational funding for Welcome Center in City of Dublin
$
5,000 5,000
City of Dudley Funding for Centennial Celebration in the City of Dudley
$ 2,500
City of Dudley Volunteer Fire Department equipment for the City of Dudley
$
5,000
City of East Point
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
Contract for services with the East Point Police Athletic League for at-risk youth programs in the City of East $ Point
25,000
3096
JOURNAL OF THE HOUSE
City of East Dublin
Four Tennis Courts at Warnock Park in City of East Dublin
$ 10,000
City of Eastman Building project for Eastman Developmental Authority $ 25,000
City of Eatonton Renovation of the historic Madison Avenue School in City of Eatonton
$
15,000
City of Emerson Renovation of Municipal Building in the City of Emerson
$ 28,000
City of Euharlee Recreation and park improvements for the City of Euharlee
City of Fairburn Purchase athletic equipment, uniforms, and banquet trophies for the City of Fairburn
$ 20,000 $ 25,000
City of Fitzgerald Build a walking trail for senior citizens in the City of Fitzgerald
City of Flemington
Construct sidewalks near Joseph Martin Elementary School in City of Flemington
$ 10,000 $ 30,000
City of Flovilla Recreation park development for the City of Flovilla
City of Flovilla Assist with cost of fence around City of Flovilla cemetery
$ 5,000 $ 10,000
City of Flovilla Provide fire and rescue equipment for City of Flovilla Fire Department
$
10,000
City of Folkston
Promote tourism and downtown of Folkston
revitalization in the City
$
5,000
City of Forest Park
Prepare a vehicle free pathway between the recreation center and the senior center in the City of Forest Park
$
25,000
WEDNESDAY, APRIL 3, 2002
3097
City of Fort Valley
Community revitalization project for the City of Fort Valley
$ 12,000
City of Fort Valley
Refurbish old school bus for the Boys and Girls Club in City of Fort Valley
$
12,000
City of Fort Valley
Assist in the renovation of the old theater building in the City of Fort Valley
$
25,000
City of Fort Oglethorpe
Provide funding for renovations to historic band stand in the City of Fort Oglethorpe.
$
15,000
City of Franklin Professional service to codify City ordinances Springs
$ 5,000
City of Gainesville
Improvements to athletic fields at Memorial Park Road campus of Boys and Girls Club of Gainesville
$
10,000
City of Glennville
City of Glennville
Purchase lights for softball field in City of Glennville $ 10,000
Upgrade equipment and park areas for the City of Glennville Recreation Department
$ 3,000
City of Gordon Construction and landscape a city park in the Town of Gordon
$
5,000
City of Gough Contract with Gough Improvement Asso., Inc. for renovation of community center in City of Gough
$ 10,000
City of Greensboro
Contract for services with Greensboro Downtown Development in the City of Greensboro
City of Guyton City of Guyton gym renovation to heating and air conditioning.
$ 10,000 $ 20,000
City of Guyton Fund restoration of recreation gym for the City of Guyton
$ 5,000
3098
JOURNAL OF THE HOUSE
City of Hahira
Purchase of books and research resources for the Hahira Public Library in City of Hahira
$
5,000
City of Hampton Construction of softball field in the City of Hampton
City of Harlem Purchase equipment for the Harlem Volunteer Fire Department in the City of Harlem
$ 15,000 $ 5,000
City of Hawkinsville
City of Hawkinsville
Maintenance and operation of the M.E. Rhoden Library in the City of Hawkinsville
$
12,000
Maintenance and operation of the Opera House in City of Hawkinsville
$
10,000
City of Hinesville
City of Hinesville
Contract for services with Eleven Black Men of Liberty County, Inc.
$
Construct a new fire station in the City of Hinesville
$
5,000 9,000
City of Hinesville
Provide funding for the 11 Black Men of Liberty County educational programs for the City of Hinesville
$
10,000
City of Hoboken Recreation Park Improvements for the City of Hoboken $ 5,000
City of Homeland
City of Homerville
Improvements to City of Homeland recreation department walking track and ballfields
Expansion of softball field in City of Homerville
$ 5,000 $ 10,000
City of Homerville
City of Ideal
Restoration of the Homer Maddox home in the City of Homerville
$
30,000
Purchase new water well for the City of Ideal
$ 15,000
WEDNESDAY, APRIL 3, 2002
3099
City of Jackson Purchase of fire and rescue equipment in the City of Jackson
$ 10,000
City of Jakin
Construct stage adjoining the gazebo in the Jakin Park in the City of Jakin
$
6,000
City of Jesup
City of Jonesboro
Improvements to McMillan Greenway Park in the City of Jesup
$
5,000
Provide for family park, walking track and restrooms in City of Jonesboro
$
15,000
City of Jonesboro
City of Kennesaw
Provide for a family park and sidewalk construction in the City of Jonesboro
$
10,000
Construction of pedestrian crossing under CSX Railroad in the City of Kennesaw
$
5,000
City of Kennesaw
Funds for expansion of historic museum in the City of Kennesaw
$
35,000
City of Keysville Improvements to City of Keysville City Hall to make it handicapped accessible
$
15,000
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 Kingston
Improvements to City of Kingston
city
park,
recreation
and
museum
in
the
$
20,000
City of Kite
Improvements and equipment for recreation complex in the City of Kite
$
5,000
City of LaFayette Piping and grading for drainage in the City of LaFayette $ 15,000
City of Lake City Recreation enhancements in Lake City
$ 25,000
3100
JOURNAL OF THE HOUSE
City of Lakeland Training equipment for the City of Lakeland
$ 8,000
City of Lakeland Creation of pedestrian bridge at Lake Erma in City of Lakeland
$
10,000
City of Lavonia Purchase radio equipment for City of Lavonia Police Department
$ 12,000
City of Lavonia Lighting and fencing for the city park in City of Lavonia $ 20,000 City of Leary Purchase of playground equipment for the City of Leary $ 5,000
City of Leesburg Weather alert system for the City of Leesburg
$ 20,000
City of Lenox
Remodel restrooms of the RESA facility in the City of Lenox
$
15,000
City of Lilburn Preservation and improvement of the community's green space and downtown revitalization program in the City $ of Lilburn
10,000
City of Lithonia Restore or replace the recreational facilities at the existing city park in City of Lithonia
$ 5,000
City of Loganville
Main Street downtown sidewalk renovation project in the City of Loganville
$
5,000
City of Ludowici Purchase a police car for the city of Ludowici
$ 10,000
City of Lyons Paving for additional parking spaces at the Lyons Recreation Department in City of Lyons
$ 5,000
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
City of Macon Provide funds for sterilization program at the City of Macon's Animal Shelter.
$
5,000
WEDNESDAY, APRIL 3, 2002
3101
City of Macon Funds for walking trails, picnic areas at the Freedom Park Complex in the City of Macon
$ 25,000
City of Macon Funding for the Bartlett Crossing Literacy and gang prevention program in the City of Macon
City of Marietta Support "Gone with the Wind" Movie Memorabilia Museum in the City of Marietta
$ 5,000 $ 10,000
City of Marietta Purchase and install security cameras in Marietta Middle
Board of
School
$
Education
20,000
City of McDonough
Purchase Breathing Air Compressor for City of McDonough Fire Department
$ 15,000
City of McRae
Purchase playground equipment for park in the City of McRae
$
15,000
City of Meansville
Construction of building to house fire truck for the City of Meansville
$
10,000
City of Meigs Construct a walking track in the City of Meigs
$ 10,800
City of Menlo
Construct concrete sidewalk, curb/gutter and drainage in City of Menlo along SR 337
$
20,000
City of Metter Implementation of 911 service in the City of Metter/Candler County
$ 10,000
City of Midville Move building, remodeling and rent for Midville Community Development Outreach in City of Midville
$
10,000
City of Milan
City of Milledgeville
Renovations to City of Milan Community Center
$
Purchase Case 590 backhoe for the City of Milledgeville $
10,000 30,000
3102
JOURNAL OF THE HOUSE
City of Milledgeville
City of Milledgeville
Purchase generator for the City of Milledgeville
Funding for the Baldwin/Oconee River Greenway Project in the City of Milledgeville
$ 30,000 $ 10,000
City of Milledgeville
City of Milledgeville
Purchase chemical protective suits for the City of Milledgeville Fire Department
$ 11,000
Funding to automate meter reading system in the City of Milledgeville
$
8,000
City of Milledgeville
Funds for programs Milledgeville
at Boys and Girls Club in the City of
$
6,000
City of Mitchell Funds to complete City of Mitchell Depot Restoration Project
$
20,000
City of Montezuma
City of Montezuma
Replace roof of Montezuma City Hall Assist in reroofing Montezuma City Hall
$ 40,000 $ 20,000
City of Monticello
City of Monticello
Funding for the City of Monticello's Funderburg Park Project
$
Provide partial funding for playground equipment at Funderburg Park in the City of Monticello
$
8,000 8,000
City of Montrose Purchase equipment for the volunteer fire department in the City of Montrose
$
City of Morgan Provide funding for park restroom facilities in the City of Morgan
$
5,000 5,000
WEDNESDAY, APRIL 3, 2002
3103
City of Mount Central heat/air for the Northside Community Center
Vernon
project in the City of Mount Vernon
$
5,000
City of Nahunta
Construction improvement and equipment at City the City of Nahunta
Hall in
$
10,000
City of Nashville
Completion of phase 2 universally accessible playground in the City of Nashville
$
20,000
City of Newnan City of Newnan Downtown Economic Development Project.
$ 20,000
City of Newnan Achievers International Programs in the City of Newnan $ 20,000
City of Newnan Purchase of hazardous material equipment for City of Newnan Fire Department
$
5,000
City of Norman Replace tanker truck tank for the Norman Park
Park
Volunteer Fire Department in the City of Norman Park
$
10,000
City of Norman Park
Purchase Police Department K-9 vehicle for the City of Norman Park
$
10,000
City of Ocilla
Repair poor acoustics in the Community House at the City of Ocilla
$
10,000
City of Odum Purchase equipment for the City of Odum
$ 5,000
City of Oxford Enhancement of city park adjacent to City Hall in the City of Oxford
$
6,000
City of Palmetto Provide recreation equipment for the City of Palmetto $ 10,000
City of Patterson Purchase office equipment for the City of Patterson
$ 5,000
City of Patterson Funds to pay for clean up of hazardous spill in City of Patterson
$
10,000
3104
JOURNAL OF THE HOUSE
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
City of Pelham
Purchase of van for first respondent fire fighters in City of Pelham
$
15,000
City of Pembroke Old Jail" Welcome Center restoration in the City of Pembroke
$ 10,000
City of Pembroke Restore the interior of the historic downtown theater in the City of Pembroke
$
10,000
City of Pembroke Provide funding for old jail restoration in the City of Pembroke
$ 10,000
City of Perry City of Perry
Provide funds to Upton Perry Partnership for the Big Indian Creek Development in the City of Perry
Replacement and installation of ballfield lighting at Rozar Park in the City of Perry
$ 50,000 $ 50,000
City of Pine Lake Purchase maintenance equipment for the City of Pine Lake
$
20,000
City of Pine Lake Purchase equipment/software and provide training for GCIC compliance in the City of Pine Lake
$
30,000
City of Pine Lake
Repairs to City Hall and paving of parking lot in the City of Pine Lake
$
20,000
City of Pinehurst Purchase a maintenance truck for the City of Pinehurst $ 15,000
WEDNESDAY, APRIL 3, 2002
3105
City of Pineview Purchase water tank, pump house and a building to house a 5,000 gallon water tanker for the City of Pineview fire department
$ 10,000
City of Pitts
Repair of gymnasium floor in Recreation Complex in City of Pitts
$
10,000
City of Plains Purchase a vehicle for City of Plains City of Plains Repairs to City of Plains wastewater treatment plan
$ 15,000 $ 30,000
City of Portal
Purchase and renovate community center for City of Portal.
City of Poulan Purchase fire and safety equipment for the City of Poulan
$ 10,000 $ 5,000
City of Quitman Athletic equipment for the City of Quitman Recreation Department
$
10,000
City of Quitman New gym floor for the City of Quitman Recreation Department
$ 15,000
City of Reidsville Plan and upgrade airport facilities in City of Reidsville $ 25,000
City of Reidsville Purchase fire truck for City of Reidsville
$ 10,000
City of Richland
Renovations of Scape Project
downtown
City
of
Richland
for
the
Street
$
10,000
City of Richland Provide funding for the downtown Street Scape Project for the City of Richland
$
20,000
City of Riverdale Funds to purchase playground equipment in the City of Riverdale
$
10,000
3106
JOURNAL OF THE HOUSE
City of Rochelle Removal of abandoned hazardous tank located in the center of the City of Rochelle
$ 10,000
City of Rochelle Purchase van for senior citizen center in the City of Rochelle
$ 20,000
City of Rockmart Improvements to the little league field and equipment in the City of Rockmart
$
25,000
City of Rockmart Purchase equipment for the City of Rockmart Fire Department
City of Rockmart Purchase equipment for the City of Rockmart Civic Auditorium
$ 10,000 $ 5,000
City of Rome City of Rome
Restoration funds for the Historic Clock and Tower in the City of Rome
$
Contract for services with National Creative Society for children's service programs in City of Rome
$
20,000 20,000
City of Rome City of Rome
Funding for sewer installation in the City of Rome Repairs to Rome Little Theater in the City of Rome
$ 15,000 $ 15,000
City of Rome
Purchase a handicap van for the Network Day Service Center in the City of Rome
$
20,000
City of Rossville Historic Monument
$ 15,000
City of Sale City Purchase required computer software for the uniform chart of accounts for Sale City
City of Sandersville
Funding for improvements to City of Sandersville Recreation Department
$ 6,750 $ 10,000
WEDNESDAY, APRIL 3, 2002
3107
City of Sardis Purchase surveillance cameras for the City of Sardis Police Department
$
City of Savannah Contract for services with Alpha Kappa Alpha Sorority in the City of Savannah for after school and pregnancy $ prevention programs
5,000 7,000
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 Savannah Recreational/neighborhood improvements for the East
Savannah Community Association in the City of
$
Savannah
5,000
City of Savannah Recreational/neighborhood improvements for Midtown Neighborhood Association in the City of Savannah
$
10,000
City of Savannah Recreational/neighborhood improvements for Nottingham Park Community Association in the City of $ Savannah
10,000
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 Savannah Provide funds for the Community Change for Youth Development (CCYD) program in the City of Savannah
$
54,480
City of Savannah Renovation and construction of residential cottages at Greenbriar Children's Center in the City of Savannah
$
40,000
City of Screven Equipment purchase for the City of Screven
$ 5,000
City of Shellman Renovation to the health clinic in City of Shellman City of Smyrna Complete Veterans Memorial in the City of Smyrna
$ 10,000 $ 35,000
3108
JOURNAL OF THE HOUSE
City of Social Refurbish concession stand building and pavilion at
Circle
Stephens Park in the City of Social Circle
City of Soperton Renovation of recreation park facilities in the City of Soperton
$ 5,000 $ 15,000
City of Soperton Provide funding for construction of commuter parking lot in the City of Soperton
$
15,000
City of Stillmore Beautification project in the City of Stillmore
$ 2,500
City of Stockbridge
City of Stone Mountain
Park improvements in the City of Stockbridge
$ 40,000
Contract for services with ART Station, Inc. in the City of Stone Mountain for facility renovation
$
10,000
City of Stone Mountain
City of Stone Mountain
ART Station program
$ 25,000
Purchase equipment and software for the City of Stone Mountain
$
5,000
City of Summerville
City of Swainsboro
Purchase of AED for City of Summerville fire department.
Repairs, renovations, and equipment for Emanuel County Arts Center in the City of Swainsboro
$ 3,500 $ 5,000
City of Swainsboro
City of Swainsboro
Downtown development for the City of Swainsboro Renovations to City of Swainsboro City Hall
$ 20,000 $ 10,000
City of Swainsboro
Improvements to recreation complex in City of Swainsboro
$ 15,000
WEDNESDAY, APRIL 3, 2002
3109
City of Swainsboro
Repairs, renovations, and supplies for animal shelter in City of Swainsboro
$
5,000
City of Sycamore Provide/improve lots and deteriorating buildings in the City of Sycamore
$
10,000
City of Sylvania Repair to Community Center in the City of Sylvania $ 35,000
City of Sylvania Renovation of community center for City of Sylvania. $ 10,000
City of Sylvester
Renovation Sylvester
and
improvements
to
Jeffords
Park
in
City
of
$
10,000
City of Talbotton Landscaping and park equipment for Kiddie Park In the City of Talbotton
$
5,000
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 Tallapoosa
Recreation funds for City of Tallapoosa
$ 20,000
City of Tallapoosa
Purchase equipment for Haralson County Historical Museum
$ 5,000
City of Tallapoosa
Funds to construct a flag pole at the Scout House in the City of Tallapoosa
$
2,000
City of Tallulah Repair and correct water lines in the City of Tallulah
Falls
Falls
$ 10,000
City of Temple Recreation Department projects for the City of Temple $ 10,000
City of Tennille Equipment purchase for the City of Tennille
$ 5,000
City of Tennille
Funding for improvements to recreation facilities in the City of Tennille
$
10,000
3110
JOURNAL OF THE HOUSE
City of Thunderbolt
Contract for services with the Thunderbolt Museum Society in the City of Thunderbolt
$ 10,000
City of Thunderbolt
Purchase First Response Vehicle for the Medical Emergency Program for City of Thunderbolt Fire Department
$ 20,000
City of Tifton Repairs, improvements and equipment for historic downtown Tift Theater in City of Tifton
$ 5,000
City of Tifton Construction of water line in the City of Tifton
$ 15,000
City of Tifton Utility project for the City of Tifton
$ 36,000
City of Twin City Purchase of equipment for fire department in the City of Twin City
$
10,000
City of Ty Ty Improvements to central city park area in the City of TyTy
$
5,000
City of Tybee Tybee Island Recreation Feasibility Study Island
$ 25,000
City of Tybee Island
Construction of a pedestrian park in the City of Tybee Island
$
35,000
City of Unadilla Renovation of old city buildings on Front Street in downtown City of Unadilla
$ 15,000
City of Valdosta Repairs to Lowndes County Historical Society
$ 3,000
City of Valdosta Maintenance and repairs for Valdosta/Lowndes County Arts Commission
$
5,000
City of Valdosta
Purchase furniture, equipment Library in Valdosta
and
supplies
for
Southside
$
5,000
City of Valdosta Contract for services with the Valdosta Food Bank
$ 10,000
WEDNESDAY, APRIL 3, 2002
3111
City of Valdosta Contract with Valdosta Boys and Girls Club for after school programs in City of Valdosta
$
5,000
City of Valdosta Community Based Children's Advocacy Center in the City of Valdosta
$
10,000
City of Valdosta
Contract with LAMP, Inc to provide transitional housing program for women and children in City of Valdosta
$
5,000
City of Valdosta Renovation to City of Valdosta's Oldest House, the Robert House
$ 15,000
City of Valdosta Purchase books and equipment for the South Georgia Regional Library in the City of Valdosta
$
20,000
City of Vidalia
Improvements to walking trail at the Ed Smith Complex in Vidalia County
$
5,000
City of Villa Rica Recreation Department projects for the City of Villa Rica
$ 10,000
City of Wadley Purchase a trash truck for the City of Wadley
$ 4,000
City of Wadley Equipment purchase for the City of Wadley Volunteer Fire Department
$
5,000
City of Wadley Purchase truck and equipment for the City of Wadley $ 10,000
City of
Purchase supplies for the Walthourville Summer
Walthourville Enrichment Program in the City of Walthourville
$ 7,300
City of Warwick Purchase radio and law enforcement equipment for police vehicles for the City of Warwick
$ 5,000
City of Washington
Audio/Visual equipment for Washington/Wilkes Family Connection
$
10,000
City of Waycross
Purchase computers for the Drug Action Council's Weed and Seed Program in City of Waycross
$
2,500
3112
JOURNAL OF THE HOUSE
City of Waycross Renovations and restoration to the Ritz Theater in the City of Waycross
$
10,000
City of Waynesboro
Replace/purchase new playground equipment, computer and educational materials for the Childcare Center in $ City of Waynesboro
5,000
City of Willacoochee
Purchase playground equipment for the city Kiddie Park in the City of Willacoochee
$
10,000
City of Woodland
Safety improvements to City Park in the City of Woodland
$ 10,000
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
City Of Cave Springs
Funding for street and sewer construction in the City of Cave Springs
$
15,000
City Of White
Purchase volunteer fire department supplies for the City of White
$
9,000
Clay County
Planning, mapping, addressing and implementing of enhanced 911 system in Clay County
$ 15,000
Clayton County For athletic equipment, fine arts program and band
Board of
programs for North Clayton High in Clayton County $ 5,000
Education
Clayton County For athletic equipment, fine arts program and band
Board of
programs for Church St Elementary in Clayton County $
Education
5,000
Clayton County For athletic equipment, fine arts program and band
Board of
programs for Oliver Elementary in Clayton County
Education
$ 5,000
WEDNESDAY, APRIL 3, 2002
3113
Clayton County For athletic equipment, fine arts program and band
Board of
programs for Northcutt Elementary School in Clayton $
Education
County
Clayton County For athletic equipment, fine arts program and band
Board of
programs for North Clayton Middle School in Clayton $
Education
County
Clayton County For athletic equipment, fine arts program and band
Board of
programs for West Clayton Elementary School in
$
Education
Clayton County
Clayton County Support school operation resources for Robert Smith
Board of
Elementary PTA for Clayton County
$
Education
Clayton County Support school operation resources for McGarrah
Board of
Elementary PTA in Clayton County
$
Education
Clayton County Support resources for the school operation for M.D.
Board of
Roberts PTSA in Clayton County
$
Education
Clayton County Support school operations resources for Jonesboro High
Board of
School PSTA in Clayton County
$
Education
Clayton County Support school operation resources for Arnold
Board of
Elementary PTA in Clayton County
$
Education
Clayton County Support school operation resources at Mt. Zion High
Board of
School PTA in Clayton County
$
Education
Clayton County Support school operation resources for Morrow Middle
Board of
School PSTA in Clayton County
$
Education
5,000 5,000 5,000 1,000 1,000 4,000 1,000 1,000 1,000 1,000
3114
JOURNAL OF THE HOUSE
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
Clayton County Enhancements for Jesters Creek Trail in Clayton County $ 25,000
Clayton County Park enhancements in East Clayton County
$ 25,000
Clayton County Support operation resources for Morrow High School in
Board of
Clayton County
$
Education
1,000
Clayton County Technology improvements for Carrie D. Kendrick
Board of
Middle School in Clayton County
Education
$ 5,000
Clayton County Purchase books and technology for Pointe South
Board of
Elementary in Clayton County
Education
$ 5,000
Clayton County Purchase 15 passenger van for Rainbow House Emergency Shelter in Clayton County
$ 10,000
Clayton County Purchase training tools, safety and office equipment for the Forest Park Athletic Assn in Clayton County
$
10,000
Clayton County
Operating funds and HUD match for Calvary Refuge in Clayton County
$
30,000
Clayton County Purchase software and peripherals for the Riverdale
Board of
Elementary School in Clayton County
Education
$ 5,000
WEDNESDAY, APRIL 3, 2002
3115
Clayton County Replace playground equipment at Brown Elementary
Board of
School in Clayton County
Education
$ 10,000
Clayton County Weight room modifications and weight room equipment
Board of
at Lovejoy High School in Clayton County
$
Education
10,000
Clayton County Support school operation resources for Mt. Zion
Board of
Elementary PTA in Clayton County
Education
$ 1,000
Clayton County Provide a food pantry and help center through the Clayton County Commission
$ 10,000
Clayton County Provide for computer and research equipment for Evening High School in Clayton County
$ 10,000
Clayton County Repairs and Renovations of the Clayton County
Board of
Alzheimer Center
Commissioners
$ 25,000
Clayton County Funds for a study on the use of the Atlanta Farmer's Commission Market and how it should be developed in future years
$
25,000
Clayton County Repairs and renovation of athletic fields at Forest Park
Board of
High School in Clayton County
$
Education
20,000
Clayton County Funds to continue program goals for the Youth
Board of
Empowerment Project in Clayton County
Commissioners
$ 25,000
Clayton County
Funds for computer and research equipment for Morrow High School in Clayton County
$
10,000
Clayton County Purchase computer and research equipment for North Clayton High School in Clayton County
$
10,000
3116
JOURNAL OF THE HOUSE
Clayton County
Funds for computer and research equipment for Mt. Zion High School in Clayton County
$
10,000
Clayton County Provide for an after-school intervention program in Clayton County
$ 10,000
Clayton County Funds for computer equipment for Jonesboro High School in Clayton County
$ 10,000
Clayton County
Funds for computer and research equipment for Lovejoy High School in Clayton County
$
10,000
Clayton County Provide for computer and research equipment for Riverdale High School in Clayton County
$ 10,000
Clayton County Funds for computer and research equipment for Forest Park High School in Clayton County
$
10,000
Clinch County
Purchase computer and research resources for Huxford Genealogical Library in Clinch County
$
15,000
Cobb County Cobb County Cobb County Cobb County Cobb County Cobb County
Install handicap ramps and handicap restroom upgrades for South Cobb Community Center in Cobb County
$
16,500
Purchase of playground equipment for Young Family Community Resource Center in Cobb County
$
15,000
Purchase of medical supplies for Smyrna Community Health Center in Cobb County
$
12,000
Funding for materials at Nickajack Elementary School in Cobb County
$
1,000
Funding for student uniforms at Pebblebrook High School in Cobb County
$ 6,000
Funding for materials at Lindley Middle School in Cobb County
$
2,000
WEDNESDAY, APRIL 3, 2002
3117
Cobb County
Cobb County
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Construct a storage facility, batting cage and dugouts at Harrison High School in Cobb County
$
14,500
Construct facility for Fast Pitch Program at Walton High School in the City of Marietta
$
50,000
ESOL materials and tech support staff member for Floyd
Middle School in Cobb County
$
5,000
Fund position for bi-lingual family services coordinator
at Birney Elementary School in Cobb County
$
5,000
Computers and books needed for technology media center at Campbell High School in Cobb County
$ 5,000
Purchase two copiers and to complete a playground for
the Brown Elementary School in Cobb County
$
5,000
Purchase computers, physical ed equipment and provide summer programs at Griffin Middle School in Cobb $ County
Laptop computers and books for the media center at
Norton Park Elementary in Cobb County
$
5,000 5,000
Purchase books and materials for bookmobile for Belmont Elementary School in Cobb County
$ 5,000
Purchase computers and printers at Nickajack Elementary in Cobb County
$ 5,000
3118
JOURNAL OF THE HOUSE
Cobb County Provide for computer software and training for Cobb
Board of
County for Cobb County Board of Education
$ 6,488
Education
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
Cobb County Board of Education
Purchase and installation of 15 desktop computers for
Campbell Middle School in Cobb County
$ 25,000
Cobb County Board of Education
Purchase of lockers for the football field house at Kell
High School in Cobb County
$ 10,000
Coffee County Assist in equipment for Wilsonville Volunteer Fire Commissioners District station in Coffee County
$ 10,000
Coffee County Highway 441 Economic Development Council, Incorporated
$ 60,000
Coffee County Construct volunteer fire station for the Wilsonville Commissioners community in Coffee County
$ 10,000
Coffee County
Purchase playground equipment for Nicholls Elementary School in Coffee County
$
15,000
Coffee County Board of Education
Purchase of mats and weights for Coffee Middle School
in Coffee Board Of Education
$
10,000
Colquitt County Improvements in the Culbertson Community Volunteer Fire Department in Colquitt County
$
10,000
Columbia Board Athletic Improvements for Evans High School in of Education Columbia County
$ 10,000
WEDNESDAY, APRIL 3, 2002
3119
Columbia Board of Education
Technology improvements for Blue Ridge Elementary in Columbia County
$
5,000
Columbia County
Field Improvements for Martinez Evans Little League in Columbia County
$
10,000
Columbia
Outdoor classroom for the Westmont Elementary in
County Board of Columbia County
Education
$ 5,000
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
Columbia County
Sheriff's Office Summer Camp program in Columbia County
$ 15,000
Columbia County
Refurbish the historical Crawford Cemetery in Columbia County
$
15,000
Columbus Consolidated Government
Funding for the Positive Parenting/Play and Learn Together Program/ Teenage parenting program in Columbus/Muscogee County
$ 10,000
Columbus Consolidated Government
Contract for services with Urban League of Greater Columbus for Youth Challenge Project
$ 15,000
Columbus Consolidated Government
Contract for services with Columbus Community Central
for outreach program in Columbus
$ 15,000
Columbus Consolidated Government
Contract for services with Port Columbus Civil War Navel in Columbus/Muscogee County
$ 100,000
3120
JOURNAL OF THE HOUSE
Columbus Consolidated Government
Columbus Consolidated Government
Columbus Consolidated Government
Columbus Consolidated Government
Columbus Consolidated Government
Columbus Consolidated Government
Columbus Consolidated Government
Columbus Consolidated Government
Columbus Consolidated Government
Columbus Consolidated Government
Contract for services with the Boys & Girls Clubs of Columbus for Columbus Muscogee County
$ 120,000
Contract for services with Springer Opera House for Columbus/Muscogee County
$ 150,000
Contract for services with Metropolitan Columbus Task
Force for Columbus Muscogee County
$ 20,000
Contract for services with Combined Communities of S.E. Columbus for tutorial program for at-risk youth $ 10,000
Contract for services with Community Health Center of
South Columbus, Inc.
$ 10,000
Contract for services with Men of Action, Inc. for programs at Farley Homes in Columbus
$ 15,000
Athletic field renovations at North Gwinnett High School in Gwinnett County
$ 20,000
Maintenance and operation of the Liberty Theater Inc. in
the City of Columbus
$ 150,000
Contract with Two Thousand Opportunities Inc. to provide jobs for at-risk youth and startup businesses in $ Columbus
60,000
Contract with 100 Black Men of Columbus for youth mentoring program in the City of Columbus
$ 20,000
WEDNESDAY, APRIL 3, 2002
3121
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
Columbus Consolidated Government
Provide Welcome Center in Columbus/Muscogee County
$ 10,000
Columbus Consolidated Government
Contract with Kay Community Service Center for a sheltered workshop in Fort Valley
$ 48,000
County of Emanuel
Upgrade rural fire departments in Emanuel County
$ 10,000
Coweta County Enhance Coweta County's Adult Literacy Program Board of Education
$ 10,000
Crawford County Contract with Boys and Girls Club of Peach County for building improvements
$
5,000
Crawford County Purchase equipment for volunteer fire department for Crawford County
$
6,500
Crawford County Purchase and install communication system in new Crawford County Courthouse
$ 10,000
Crawford County Purchase of ambulance and renovations to EMS headquarters in Crawford County
$ 60,000
Crisp/Cordele County IDA
Assist in constructing a monument at the Friends of GA Veterans' Memorial State Park in the City of Cordele
$
50,000
3122
JOURNAL OF THE HOUSE
Crisp County Commission
Renovation of a county building to be used to start classes of Darton College in City of Cordele
$ 10,000
Dade County
Construction of Veteran's Memorial Park in Dade County
$ 20,000
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
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
Decatur County
Construct an additional building for the Fowlstown Fire Department in Decatur County
$
1,000
Decatur County Crime Scene Processing Building in Decatur County $ 16,000
Dekalb County Contract for services with Green Forest Community Development, Inc. for a Pre-School/Early Childhood Technology Program in DeKalb County
$ 35,000
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 Fund Delta Life Development Center Programs in Dekalb County
$ 35,000
WEDNESDAY, APRIL 3, 2002
3123
Dekalb County Funding for Life Skills for Tomorrow Program in Dekalb County
$ 50,000
Dekalb County Provide funding for Leadership Academy in Dekalb County
$ 80,000
DeKalb County Renovation and outdoor lighting for Briarwood Recreation Center in DeKalb County
$ 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
DeKalb County Contract for services with IAM, Inc for after school tutoring/mentoring program in DeKalb County
$
5,000
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
DeKalb County
Restore and protect Burnt Fork Creek and its watershed in DeKalb County
$
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
3124
JOURNAL OF THE HOUSE
DeKalb County Program assistance for Browns Mill Park/DeKalb Yellow Jacket Football/Cheerleading Programs in DeKalb County
$ 10,000
DeKalb County Contract with Robert Shaw Theme School for summer
Board of
program in DeKalb County
$
Education
5,000
DeKalb County Contract for services with the Frazer Center in DeKalb County
$
30,000
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
DeKalb County Contract for services with South DeKalb Improvement Initiative to staff and supply SLAM Saturday tutorial $ sessions
45,000
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
11,000
DeKalb County Contract for services with the South DeKalb Improvement Initiative for tutorial programs in DeKalb $ County
30,000
DeKalb County Contract for service with South DeKalb Improvement Initiative for senior adult services in DeKalb County
$
20,000
DeKalb County Library books for Kelly Lake Elem., Meadowview
Board of
Elem., Tilson Elem., Gresham Park, Cedar Grove
Education
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
WEDNESDAY, APRIL 3, 2002
3125
DeKalb County Contract with Georgia Community Support and Solutions for services to emotionally disturbed children $ in DeKalb County
44,000
DeKalb County Provide for comprehensive youth service program in Scottdale Community in DeKalb 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
DeKalb County Assist PTA with honors programs at Glen Haven,
Board of
M.L.King Jr. High School, and Salem Middle School, in $
Education
DeKalb County
1,500
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
DeKalb County Assist PTA to repair/purchase band uniforms and
Board of
instruments for Towers High School in DeKalb County $
Education
6,000
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
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
3126
JOURNAL OF THE HOUSE
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
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
DeKalb County Beautification projects at Worthington, Autumn Hills,
Emerald Estates, and Springwood communities in
$
DeKalb County
4,000
DeKalb County Beautification projects at Pendley Hills, Sherrington, Spring Valley and The Crossing communities in DeKalb $ County
5,000
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
DeKalb County Arts Station Summer Program in DeKalb County
$ 15,000
DeKalb County
Provide a customer service institute for Victory Empowerment Program in Dekalb County
Outreach
$
20,000
DeKalb County Improve Civic Club building in Dekalb County
$ 15,000
DeKalb County Purchase landscaping supplies and gate for Dekalb County Civic Association
$ 7,200
WEDNESDAY, APRIL 3, 2002
3127
DeKalb County
Provide funding for Dekalb County Computer Literacy Program
$
10,000
DeKalb County Funding for KHADIJALAND operating expenses in Dekalb County
$ 20,000
DeKalb County Purchase athletic equipment for the disabled youth of Dekalb County
$
10,000
Department of Planning money to relocate the existing Augusta
Agriculture
Farmer's Market
$ 50,000
Dodge County
Equipment money for the Plainfield fire department in Dodge County
$
3,000
Dodge County Dodge County Courthouse renovation
$ 5,000
Dodge County Board of Education
Bus driver break room improvement for Dodge County
Board of Education
$
3,000
Dooly County
Dooly County Recreation Department for maintenance and operation
$
10,000
Dooly County Replace fire truck for City of Byromville and Dooly County
$ 30,000
Dougherty County
Contract for services with Dougherty County Community Coalition for senior day care in Dougherty $ County
10,000
Dougherty
Contract for services with South Albany Family
County
Enrichment Center 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
3128
JOURNAL OF THE HOUSE
Douglas County Establish an emergency operations center for new Douglas County EMA
$ 7,000
Douglas County Thermal Imaging Camera for the Douglas County Fire Department
$
10,000
Douglas County Summer remediation program for Douglas County
Board of
middle school students
Education
$ 10,000
Douglas County Purchase food and other supplies for Douglas County Food Bank
$
20,000
Douglas County Purchase equipment for the Douglas County
Board of
Government Access Channel
Commissioners
$ 20,000
Douglas County School System
Improve playground equipment for Eastside Elementary in Douglas County
$
10,000
Dublin City Board of Education
Purchase band uniforms for Dublin High School in City
of Dublin
$
5,000
Dublin City Board of Education
Renovation of bathroom facilities at Shamrock Bowl in
the City of Dublin
$
5,000
Dublin/Laurens County Recreation Authority
Lighting for fields for Dublin Laurens County Recreation Authority
$ 5,000
Early County Commission
Fund expenses associated with seeking a power generating plant for the Economic Development Authority in Early County
$ 25,000
WEDNESDAY, APRIL 3, 2002
3129
Eastman/Dodge Construction project for Eastman/Dodge Development
Development Authority
$
Authority
25,000
Eatonton City Funding to further enhance the Alice Walker Street
Council
Project in the City of Eatonton
$ 10,000
Echols County Purchase eleven air pacs for the Echols County Volunteer Fire Department
$ 15,000
Effingham County
Playground equipment for Clyo Community Park in Effingham County
$ 15,000
Effingham
Furniture for new Ebenezer Middle School in Effingham
County Board of County
$
Education
10,000
Effingham
Sand Hill Elementary School playground equipment for
County Board of disabled in Effingham County
$
Education
10,000
Effingham County
Funding for Veterans' Park of Effingham County
$ 20,000
Effingham County
Construction of Veterans Park in Effingham County
$ 10,000
Emanuel County Equipment and supplies for Franklin Memorial Library in Emanuel County
$
10,000
Emanuel County Improvements to the Emanuel County Courthouse
$ 20,000
Evans County Enhancements to Industrial Park in Evans County
$ 10,000
Evans County Commission
Provide for industrial park landscaping for Claxton in Evans County
$
10,000
3130
JOURNAL OF THE HOUSE
Evans County Board of Education
Funds to rehabilitate school building for Evans County
Board of Education
$
10,000
Fannin County
Provide crew from Union C.I. to maintain park and clean bank area in Fannin County
$
25,000
Fannin County
Park amenities to include restrooms, roads to ballpark, in Fannin County
$
30,000
Fannin County Board of Education
Purchase educational supplies for West Fannin Elementary in Fannin County
$ 10,000
Fannin County Purchase gravel to extend parking for Fannin County
Board of
Head Start program
$
Education
5,000
Fayette County
Funds supporting the Foundation de Manana program in Fayette County
$
10,000
Floyd County
Construction of access road to the new Pirelli Plant in the Floyd County
$
25,000
Floyd County
Provide driveway accessibility for ASL Archer Co Plant in Floyd County
$
20,000
Floyd County Provide funds for education program at Chieftains Museum in Floyd County
$ 15,000
Floyd County Provide language programs to the Latin/Hispanic population at Floyd College in Floyd County
$ 25,000
Floyd County
Fund expenses and equipment at Camp Good Times in Floyd County
$
15,000
Floyd County
Fund video production project at Coosa High School in Floyd County
$
10,000
WEDNESDAY, APRIL 3, 2002
3131
Floyd County Board of Education
Construct a multipurpose "Classroom in the Wild" building at Coosa Middle School in Floyd County
$ 12,500
Floyd County Board of Education
Outdoor activities project at the Pepperell Middle School
in Floyd County
$
25,000
Floyd County Board of Education
Construct memorial athletic field for 4th and 5th graders
at Pepperell Elementary in Floyd County
$
10,000
Forsyth County Renovation of the Forsyth County Chamber of Commerce
$ 25,000
Forsyth County Funding for school programs in Forsyth County
$ 25,000
Franklin County Franklin County Recreation Park
$ 15,000
Franklin County Paving for Franklin County High School Agriculture
Board of
Center
Education
$ 10,000
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
Franklin County Purchase of a fire boat and building equipment in Franklin County
$ 10,000
Fulton County
Construction of an outdoor environmental classroom at Abbots Hill Elementary School in Fulton County
$
15,000
Fulton County
Purchase of computers and software for the Harriett G. Darnell Multi-purpose facility in Fulton County
$
25,000
Fulton County
Contract for services with Quality Living Services, Inc. in Fulton County
$
45,000
3132
JOURNAL OF THE HOUSE
Fulton County
Funds for "Listen Up", a drug prevention and education program in Fulton County
$
25,000
Fulton County Funding for ceiling repair of the Kappa Omega Foundation facility in the City of Atlanta
$ 60,000
Fulton County
Provide computer and research equipment for Creekside High School in Fulton County
$
10,000
Fulton County Board of Education
Create science lab at Finidley Oaks Elementary School
in Fulton County
$
15,000
Fulton County Board of Education
Development of an outdoor classroom for Roswell North
Elementary School in Fulton County
$
10,000
Fulton County Board of Education
Outdoor classroom at the Taylor Road Middle School in
Fulton County
$
15,000
Fulton County Board of Education
Contract with Connection, Inc. for victory over violence
activities in south Fulton County schools
$
10,000
Fulton County Board of Education
Contract with K.I.D.D.S. Dance Project, Inc. in Fulton
County
$
10,000
Georgia Tech Funding for a joint policy institute between Georgia Tech and Morehouse College
$ 75,000
Glascock County Complete renovation of Courthouse Annex in Glascock County
$
10,000
Glynn County
Installation of outdoor lighting for the Animal Control Facility in Brunswick
$
5,000
WEDNESDAY, APRIL 3, 2002
3133
Glynn County Animal Control Facility parking lot lighting for Glynn
Board of
County
$
Commissioners
5,000
Grady County
Construct new cover for Thomas/Grady County Mental
Health Center for handicapped recreational outdoor
$
pavilion in Grady County
10,000
Grady County Renovation/improvements to Wayside Community Center in Grady County
$ 10,000
Grady County
Building construction and equipment purchases for the Midway Fire Department in Grady County
$
10,000
Grady County Tennis courts for physical education at the Cairo High
Board of
School in Grady County
$ 10,000
Education
Greene County
Equipment and display cases at Arts Gallery in Greene County
Abram
Colby
Decorative
$
2,000
Greene County Renovation of historic old jail in Greensboro for museum in Greene County
$ 15,000
Greene County
Feasibility study to determine healthcare system options for Greene, Morgan, Putnam Region
$
10,000
Greene County Funding for old jail restoration project in Greene County $ 10,000
Gwinnett Community Foundation
Provide funds to allow Aurora Theater performances in
elementary schools in Gwinnett County
$ 10,000
Gwinnett County Athletic Department stadium project at Grayson High
Board of
School in Gwinnett County
$
Education
5,000
3134
JOURNAL OF THE HOUSE
Gwinnett County Contract for services with Creative Enterprises for construction of Phase II Expansion of the Day Habilitation Program in Gwinnett County
$ 25,000
Gwinnett County Renovation of Athletic facilities at Duluth High School
Board of
in Gwinnett County
$
Education
20,000
Gwinnett County Creative Enterprises
$ 50,000
Gwinnett County Asphalt walking track around playground at Mountain Park Elementary School in Gwinnett County
$
20,000
Hall County Create walking trail in Tadmore Park in Hall County $ 15,000
Hall County Board of Education
Playground equipment for White Sulphur Elementary
School in Hall County
$ 10,000
Hancock Board Purchase a vehicle and equipment for East Lake Sinclair
of
Fire Department in Hancock County
$
Commissioners
10,000
Hancock County Funds needed to purchase firefighting equipment and supplies for Sparta/Hancock County Fire Department
$
10,000
Hancock County Develop hydroponic garden at M.E. Lewis Elementary
Board of
in Hancock County
$
Education
4,000
Haralson County Contract services for Family Connections Haralson County
$ 25,000
Haralson County Contract services for Lamp Program in Haralson County $ 25,000
Haralson County Recreation funds for Haralson County Recreation Department
$ 20,000
WEDNESDAY, APRIL 3, 2002
3135
Haralson County Fund programs and curriculum for Haralson County Family Support Programs
$
7,000
Haralson County Fund programs and curriculum for Haralson County Family Connection
$
7,000
Haralson County Purchase athletic equipment for Haralson County High School
$
10,000
Hart County Paving for Hart County Public Safety Training facility $ 10,000
Hart County
Emergency equipment (defibrillator) for Hart County Fire Department
$
8,000
Heard County Recreation department projects for Heard County
$ 15,000
Heard County
Purchase bullet proof vests for every law enforcement officer in Heard County Sheriff's Department and City of $ Franklin Police Department
20,000
Heard County Board of Education
Purchase two computer labs at Centralhatchee and Ephesus Elementary Schools in Heard County
$ 15,000
Heart of Georgia Provide youth programs and air show at the Heart of Airport Authority Georgia Airport Authority
$ 10,000
Henry County
General repair and maintenance of shelter facilities at A Friend's House in Henry County
$
10,000
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 books and other media items for Union Grove
High School in Henry County
$
5,000
3136
JOURNAL OF THE HOUSE
Henry County Board of Education
Purchase books and other media items for Cotton Indian
Elementary in Henry County
$
5,000
Henry County Purchase office equipment for Henry County Sheriff's
Board of
Office
$
Commissioners
7,500
Henry County Board of Education
Purchase equipment for the Health/Physical Education Department at Austin Road Middle School in Henry $ County
5,000
Houston County Contract for services with Kid's Journey Board of Education
$ 5,000
Houston County Materials and supplies for the Houston County Library $ 25,000
Houston County Purchase equipment for the Henderson Volunteer Fire Department in Houston County
$
25,000
Houston County
Contract for services with Family Counseling Control of Central Georgia in Houston County
$
15,000
Houston County Purchase piano for the Fine Arts Department at Houston
Board of
County High School
$
Education
14,000
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
Irwin County
Repair and upkeep of Civil War Memorial located on courthouse square in the City of Ocilla
$
5,000
WEDNESDAY, APRIL 3, 2002
3137
Irwin County Board of Education
Construction of physical education room for wrestling, cheerleading and band activities for the Irwin County $ High School
10,000
Jackson County
Purchase of equipment for Plainview Fire Department in Jackson County
$
15,000
Jackson County
Purchase Rescue
of
equipment
for
the
Jackson
County
Volunteer
$
20,000
Jackson County Construction of homeland security building for the Jackson County Fire Department
$ 15,000
Jasper County Board of Education
Lighting for high school baseball/softball fields in Jasper
County
$
35,000
Jeff Davis
Purchase equipment for food processing facility at Jeff
County Board of Davis High School in Jeff Davis County
$
Education
5,000
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
Jeff Davis
Purchase playground equipment for parks in Jeff Davis
County
County
$
Commissioners
15,000
Jefferson County Provide funding for tourism for Jefferson County Economic Development Authority
$ 25,000
Jefferson County Funds to purchase a surplus vehicle for the Jefferson County Coroner's Office
$
1,500
Jefferson County Purchase signs for Jefferson County High School and School System Sandersville Technical College
$
12,500
3138
JOURNAL OF THE HOUSE
Jenkins County Repair to the Jenkins County Library
$ 10,000
Jenkins County Purchaser and renovate theater building for Jenkins County DevelopmentAuthority
$ 25,000
Jenkins County Complete construction of recreation building for Millen/Jenkins County Recreation Department
$ 15,000
Jenkins County Commission
Funds to pave Health Department parking lot in Jenkins County
$
5,000
Johnson County Purchase equipment, renovate and repairs at the Senior Citizen Center in Johnson County
$
5,000
Johnson County Rural fire department improvements and equipment purchases in Johnson County
$ 15,000
Johnson County Renovation of recreation complex and purchase equipment in Johnson County
$ 10,000
Johnson County Renovations to fire stations in Johnson County Board of Commissioners
$ 10,000
Jones County
Design and develop landscape beautification project at the Jones County Civic Center
$
15,000
Jones County General operation of the Jones County Recreation Department
$ 25,000
Jones County
Purchase firefighting equipment for fire tank in Jones County Volunteer Fire Department
$
5,000
Jones County Fund new recreation area for City of Haddock Commission
$ 9,000
Lamar County Lamar County Ag Expo Center
$ 25,000
WEDNESDAY, APRIL 3, 2002
3139
Lamar County
Purchase bullet proof vests for every law enforcement officer in Lamar County
$
15,000
Lamar County Crisis response vehicle/mobile command center for Lamar County Sheriff's Department
$ 40,000
Lanier County
Expansion of the Robert County
Simpson Nature Trail in Lanier
$
10,000
Lanier County Board of Education
Band equipment for the Lanier County Schools
$ 6,000
Laurens County
Three automatic entry and exit doors for Dublin Laurens County Library in Laurens County
$
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
Laurens County Construction of T-Hangars at the airport in Laurens County
$ 5,000
Laurens County Recreational equipment for Heart of Georgia Psycho
Board of
Educational Services in Laurens County
$ 5,000
Education
Laurens County Improvements for Cedar Grove Community Center in Laurens County
$
10,000
Lee County
Repair old fire station which is being converted to Redbone Library in Lee County
$ 16,000
3140
JOURNAL OF THE HOUSE
Lincoln County Building and equipment for the Loco Volunteer Fire Department in Lincoln County
$ 10,000
Lincoln County Contruction of water line and infrastructure for Boy Commission Scout Camp in Lincoln County
$ 25,000
Long County
Fire department equipment to include personal turn out gear for Long County
$
30,000
Long County
Purchase new car for the Long County Sheriff's Department
$ 10,000
Long County Purchase new Sheriffs Department car in Long County $ 5,000
Long County
Purchase protective gear for the volunteer fire department in Long County
$ 8,000
Long County Provide new computer equipment in Long County
$ 20,000
Lowndes County Purchase New Book Van for South Georgia Regional Library in Lowndes County
$
15,000
Lowndes County Purchase theater equipment for program through Valdosta State University in Lowndes County
$ 10,000
Lowndes County Construction of the James Belk Youth and Teen Center at YMCA in Lowndes County
$
75,000
City of Macon
Provide funds for the Museum of Arts and Sciences in the City of Macon
$
50,000
City of Macon Provide funds for the Mosely Women's Center for operations
$ 50,000
Lumpkin County Funding for homeless shelter in Lumpkin County
$ 25,000
Madison County Pave parking lot at Madison County Fire Station
$ 5,000
WEDNESDAY, APRIL 3, 2002
3141
Marion County Funds to replace wood columns on Marion County Commissioners Courthouse
$ 23,834
McIntosh County Purchase seventeen-passenger Ford Econovan for the Esther Project, Inc. in McIntosh County
$
20,000
Meriwether County
Construct a football field for Greenville High School in Meriwether County
$
10,000
Meriwether County
Purchase bullet proof vests for every law enforcement officer in Meriwether County
$
25,000
Mitchell County Contract for services with Mitchell County Boys and
Girls Club for Smart Moves pregnancy prevention
$ 9,000
program
Mitchell County Purchase new fire protection equipment for seven volunteer fire departments in Mitchell County
$ 21,000
Monroe County School building renovations for Community Wellness
Board of
Center in Monroe County
$ 15,000
Education
Monroe County Purchase/Installation of Cardiac Monitoring System, or
Hospital
Communications system, or other improvements at
$
Authority
Monroe County Hospital
25,000
Montgomery County
Repair roof of High School
historic building
at
Montgomery County
$
10,000
Montgomery Repair roof and flooring of the 1929 building for the County Schools Montgomery County School Board
$ 10,000
Montogomery Purchase of rescue equipment for the Montgomery
County
County Emergency Management Agency
$ 5,000
Montogomery New fence at the Montgomery County Recreation
County
Department
$ 5,000
3142
JOURNAL OF THE HOUSE
Morgan County Funding for the construction of an Animal Control Commission Building for Morgan County
$ 9,000
Morgan County Construct a new fire department at Clack's Chapel in Commission Morgan County
$
9,000
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
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
Muscogee County Schools
Funds for an after-school program for troubled students at Baker MiddleSchool in Muscogee County.
$
10,000
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 in
Board of
Covington
$
Education
20,000
Newton County Enhance, purchase, install playground equipment for West Newton Elementary School in Newton County
$
7,500
Newton County Purchase band equipment for Cousins Middle School in
Board of
City of Covington
$
Education
10,000
Newton County Funding to build two softball fields at Old Cousins
Board of
Middle School in Newton County
commission
$ 8,000
Oglethorpe
Planning and startup funding for Agricultural Center in
County Board of Oglethorpe County
$
Education
10,000
Paulding County Funding for museum equipment in Paulding County $ 3,000
WEDNESDAY, APRIL 3, 2002
3143
Paulding County
Funds for outside lighting and school signs for Paulding County Board of Education
$
15,000
Paulding County Purchase recreational equipment for community centers in Paulding County
$
16,000
Peach County Purchase Microbus for Peach County 4-H
$ 20,000
Peach County Replacement of 3 radio repeaters in Peach County
$ 10,000
Peach County Security gate for Peach County Law Enforcement Center $ 6,000
Peach County Roof repair at 911 Center in Peach County
$ 5,000
Peach County
Assist in reroofing Kay Center for Mentally Retarded in Peach County
$
30,000
Pelham City Board of Education
Improvements to the agriculture livestock facilities in
Pelham City public schools
$ 15,000
Perry Downtown Land acquisition and improvements for the Perry Development Downtown Development Authority Authority
$ 100,000
Pierce County Purchase equipment for Pierce County
$ 2,000
Pierce County
Improvements to Lakeview Community Center in Pierce County
$
5,000
Pierce County Funds for athletic venue in Pierce County
$ 25,000
Pierce County Board of Education
Purchase band uniforms for Pierce County Band Boosters
$ 5,000
Polk County Purchase van for the Polk County Boys and Girls Club $ 20,000
3144
JOURNAL OF THE HOUSE
Polk County
Contract for services with Children's Advocacy Group in Polk County
$
25,000
Polk County Provide equipment for the Polk County Fire Department $ 40,000
Polk County
Purchase equipment for the Polk County Volunteer Fire Department
$
5,000
Putnam County New band equipment for the Putnam County High
Board of
School
Education
$ 8,000
Putnam County Commission
Renovation of old jail for office space in Putnam County $
9,000
Putnam General Medical records retention, storage and retrieval system
Hospital
for the Putnam General Hospital in Putnam County
$
Authority
20,000
Quitman County
Planning, mapping, addressing and implementation of an enhanced 911 system in Quitman County
$
10,000
Rabun County Update computer system at Rabun County Hospital $ 45,000
Rabun County Equipment for the Rabun County Recreation Department $ 25,000
Rabun County
Purchase equipment for the Arts and Drama Department at Rabun County High School
$
15,000
Randolph County Purchase precision air rifles for JROTC program at
Board of
Randolph/Clay High School in Randolph County
Education
$ 5,000
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
WEDNESDAY, APRIL 3, 2002
3145
Randolph County Purchase of four intoxilyzers for the Randolph County Sheriff's Department
$
2,000
Randolph
County
Complete final phase of voter/fire protection building for the rural area of Randolph County
$
18,000
Randolph County Funding for a rural transportation system for Randolph County
$
14,000
Richmond
Fund landscaping projects at Terrace Manor Elementary
County Board of School and playground equipment
$
Education
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
Richmond County
Equipment for Richmond County Marshal's Office
$ 15,000
Richmond County Commission
Operational expenses for the Augusta Ballet
$ 25,000
Richmond County Commission
Operational funding for Delta House, Lucy Craft Laney
Museum in Richmond County
$ 25,000
Richmond County Commission
Operational funds for National Legacy Foundation in Richmond County
$ 25,000
Richmond County
Provide funding for the Southeast Burn Foundation in Richmond County
$
30,000
3146
JOURNAL OF THE HOUSE
Richmond County
Funding for the Golden Harvest Food Bank in Richmond County
$
10,000
Richmond County Commission
Operational expenses for Delta Leadership Training Program Richmond County
$ 30,000
Richmond County
Upgrade equipment at Richmond Academy in Richmond County
$
25,000
Richmond County
Provide lighting and purchase equipment at Master City Little League in Richmond County
$
15,000
Richmond County Commission
Operational expenses for Southside Tutorial Program in
Richmond County.
$ 20,000
Richmond County
Funds for lighting and equipment at West Augusta Little League in Richmond County
$
15,000
Richmond County
Purchase equipment/uniforms for the Augusta Boxing Club in Richmond County
$
15,000
Satilla Regional Medical Center
Contract for services with the Satilla Advocacy Services for the Satilla Regional Medical Center in Waycross
$
10,000
Schley County Assist in air-conditioning Schley County Elementary School
$ 25,000
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
Screven County Maintenance and operational cost of the Cooperville Community House in Screven County
$
3,000
WEDNESDAY, APRIL 3, 2002
3147
Screven County Upgrade county fire department equipment in Screven County
$
15,000
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
Seminole County Grounds improvement and paving at the Seminole Commission County Courthouse
$ 10,000
Seminole County Agriculture Center and Livestock Building for the
Board of
Seminole County Board Of Education
Education
$ 20,000
Seminole County Fund a multi-purpose building at Seminole County Middle-High School
$ 25,000
Stephens County Purchase equipment and software for the Stephens Commission County Education literacy Foundation
$ 10,120
Stephens County Purchase two used vehicles for the Toccoa Rehabilitation Ind., Inc, in Stephens County
$ 31,600
Stephens County Purchase office furniture for newly renovated Toccoa Armory In Stephens County
$
5,600
Stephens County Create two multi media computer centers for Liberty Elementary School n Stephens County
$ 16,422
Stephens County Operating funds for the Stephens County Library Commission
$ 20,000
Stephens County Purchase a 15 passenger van for the Stephens County 4H program
$
38,000
Stephens County Purchase of a fire boat and building equipment in Stephens County
$ 25,000
Stewart County Purchase patrol car for Stewart County
$ 6,000
3148
JOURNAL OF THE HOUSE
Talbot County Board of Education
Repair gym floor at Central Elementary/High School in
Talbot County
$
10,000
Taliaferro Board Purchase patrol car for Taliaferro County Sheriff's
of
Department
Commissioners
$ 13,000
Tattnall Board of Repair and fund improvements to Reidsville Middle
Education
School baseball field in the City of Reidsville
$
5,000
Tattnall County Contract for services with the East Collins Community
Center for after school program enhancements in
$
Tattnall County
10,000
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
Tattnall County
Provide funds for architectural support and planning of Technology Center in Tattnall County
$
10,000
Tattnall County Match local and state/federal funds to market a farmer
Commissioners initiated program to sell local produce in Tattnall
$
County.
5,000
Taylor County
Provide funding for Taylor and 911 feasibility study
County
GIS
Mapping
System
$
50,000
Telfair County Recreation funding for Telfair County
$ 25,000
Telfair County Board of Education
Athletic facility improvements for Telfair County High
School
$
10,000
Terrell County Restore the historic Terrell County Courthouse's 1892 Tower Clock and Tower Room
$
45,000
WEDNESDAY, APRIL 3, 2002
3149
Terrell County
Deceleration lane construction and related infrastructure at conservation resource center in Terrell County
$
85,000
Thomas County Contract for services with Marquerite Neel Williams Boys and Girls Club in Thomas County
$ 15,000
Thomas County Resurface driveway and parking area at Magnolia/Chappelle School in Thomas County
$ 5,000
Tift County
Purchase computers and pagers for Tift County Volunteer Fire Department
$ 10,000
Tift County
Purchase furniture for Tift County Public Library
Commissioners
$ 50,000
Town of Dexter
Purchase equipment for Town of Dexter Volunteer Fire Department
$
5,000
Town of Funston Assist in replacing water line and fireplugs in Town of Funston
$
10,000
Town of Funston Replace water line on North Manning Street in the City of Funston
$
7,500
Town of Ivey
Construct a Voluntary Fire Department and precinct polling place in Town of Ivey and Wilkinson County
$ 25,000
Town of Rebecca
Purchase Christmas lighting for the City of Rebecca
$
3,000
Town of Rentz
Laurens County Ambulance Service satellite station in the Town of Rentz
$
6,236
Town of Sumner Improvements to Town of Sumner auditorium for civic and educational purposes
$
10,000
Town Of Shady Building improvements for Town of Shady Dale City
Dale
Hall
$
20,000
3150
JOURNAL OF THE HOUSE
Towns County
Purchase of a fire boat and building equipment in Towns County
$
5,000
Towns County Board of Education
Extend Energy Management System for new elementary
school, new auditorium and middle school gym in
$
Towns County
20,000
Treutlen County $2,000 per seven (3) Volunteer Fire Departments in Treutlen County
$ 6,000
Treutlen County Purchase of a patching machine to repair county maintained roads in Treutlen County
$ 10,000
Treutlen County Purchase vehicle for Treutlen County Senior Center $ 5,000
Treutlen County Purchase patching machine for road repairs in Treutlen County
$
20,000
Treutlen County Renovation of the Board of Commissioners office building in Treutlen County
$ 10,000
Treutlen County Expansion of fire stations to house additional fire engine
Board of
in Treutlen County
$
Commissioners
20,000
Treutlen County Purchase athletic equipment for the Treutlen County Board of Education
$ 10,000
Troup County
Development of the Clark Access Recreational Park in Troup County
$
50,000
Troup County
Equipment crisis response vehicle with communication and disaster response equipment for the Troup County $ Sheriff's Department
25,000
Troup County Board of Education
Create summer Driver's Ed Program for Troup County
students
$
25,000
WEDNESDAY, APRIL 3, 2002
3151
Turner County
Repairs, design and renovation of official state symbol (peanut monument) in Turner County
$
5,000
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
Union City
Funding for the Keep South Fulton Beautiful program in Union City
$
40,000
Union City
Provide for environmental protection through education and facilities in Union City
$
10,000
Union County
Design and construct a gymnasium/community center in Union County
$
50,000
Union County Funds for a new jail in Union County
$ 30,000
Union County
Contract for services with S.A.F.E., Inc.(Support in Abusive Family Emergencies program) in Union County
$
10,000
Union County
Purchase of a fire boat and building equipment in Union County
$
5,000
Upson County
Purchase emergency response truck for Upson County Emergency Management Agency
$
10,000
Upson County
Purchase bullet proof vests for every law enforcement officer in Upson County
$
25,000
Walker County Contract with Children's Advocacy Center to provide
Lookout Mountain Superior Courts child abuse
$ 15,000
investigation forensic service
Walker County Renovations to the drivers license facility in Rock Spring $ 15,000
3152
JOURNAL OF THE HOUSE
Walker County Renovations to the Walker County Courthouse in LaFayette
$ 15,000
Walker County Renovation of softball field for Rock Spring Athletic Association in Walker County
$ 15,000
Walker County Purchase computer technology equipment and JROTC
Board of
equipment for LaFayette High School in Walker County $
Education
5,000
Walton County Contract for services with Bridge Services, Inc. for services to at-risk youth in Walton County
$ 15,000
Walton County
Purchase and install playground equipment at Matthews Park in north Monroe
$
5,000
Walton County Renovation and drainage project on playground at
Board of
Loganville Elementary School in Walton County
Education
$ 5,000
Walton County Furniture purchase for Loganville Senior Center Board of Commissioners
$ 5,000
Ware County
Furnish and renovate the Magnolia House Shelter for Abused Women and county Children in Ware
$
5,000
Ware County
Acquire a building for the Thomas O. Zorn #70 Chapter of the Disabled American Veterans in Waycross
$
15,000
Ware County
Improvements and additions to the Okefenokee Heritage Center in Ware County
$
5,000
Ware County
Purchase equipment for the Dixie Union Volunteer Fire
and Rescue division of the Ware County Fire
$
Department
5,000
WEDNESDAY, APRIL 3, 2002
3153
Ware County Ware County Senior High Band trip to Thanksgiving
Board of
Day in Philadelphia
$
Education
5,000
Warren County Purchase public safety equipment for Sheriff's Department and fire personnel in Warren County
$ 15,000
Warren County Purchase two surveillance cameras for Warren County
Board of
Sheriffs Department
$
Commissioners
7,500
Washington County
Bathroom improvements for handicapped access for the Washington County Historical Society
$
5,000
Washington County
Capital improvements for the Washington County Recreation Department
$ 10,000
Wayne County Equipment for the Wayne County Volunteer Fire Department
$ 10,000
Wayne County
Construction improvements at Ritch voting precinct in Wayne County
$
5,000
Wheeler County Equipment for Wheeler County Recreation Department $ 5,000
Wheeler County Building materials for Springhill Fire Department in Wheeler County
$
5,000
Wheeler County Renovations of the Wheeler County Senior Citizens Center
$ 4,000
Wheeler County Fire fighting equipment for Stuckey Fire Department in Wheeler County
$
5,000
Wheeler County Construct a new recreation facility in Wheeler County $ 20,000
Wheeler/Telfair Planning and development money for Wheeler Airport Authority County/Telfair Airport Authority
$ 5,000
3154
JOURNAL OF THE HOUSE
White County Refurbish athletic fields-- grass, etc. in White County $ 22,000
White County Structural repairs to community gym in White County $ 35,000
Whitfield County Provide funding for road and bridge enhancements in Government Whitfield County
$
10,000
Wilcox County
Purchase tanker truck for Cedar Creek Fire Department in Wilcox County
$
5,000
Wilkes County Replace roof on Georgia State Patrol Post in Wilkes County
$ 10,000
Wilkes County Landscaping at Georgia State Patrol Post in Wilkes County
$ 3,000
Wilkes County Danburg Volunteer Fire Department building and equipment in Wilkes County
$ 10,000
Wilkinson County
Capital expenditures for the Wilkinson County/Gordon/ Recreational Complex
$
25,000
Worth County Improvements and repairs to Gordy and Redrock fire station/voting precinct in Worth County
$ 15,000
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%.
WEDNESDAY, APRIL 3, 2002
3155
Section 44. Provisions Relative to Section 11, 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, Office of the Governor.
There is hereby appropriated to the Office of the Governor the sum of $350,000 of the moneys collected in accordance with O.C.G.A. Title 10, Chapter 1, Article 28. The sum of money is appropriated for use by the Office of Consumer Affairs for all the purposes for which such moneys may be appropriated pursuant to Article 28.
Section 46. Provisions Relative to Section 16, 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
3156
JOURNAL OF THE HOUSE
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 47. 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 48. 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 49. 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.
WEDNESDAY, APRIL 3, 2002
3157
Section 50. 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 51. 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 9.24% for S.F.Y. 2003.
Section 52. 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 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.
3158
JOURNAL OF THE HOUSE
f.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(1), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
Provided, that funding available to the Department of Transportation may be used for right-of-way acquisition for a multi-lane road to connect Atlanta Motor Speedway to Interstate 75 via State Road 20 and State Road 3.
Section 53. In addition to all other appropriations for the State fiscal year ending June 30,
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.
Section 54. To the extent to which Federal funds become available in amounts in excess of
those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
WEDNESDAY, APRIL 3, 2002
3159
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 55. Each agency for which an appropriation is authorized herein shall maintain
financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 56. In addition to all other appropriations, there is hereby appropriated as needed, a
specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 57. No State appropriations authorized under this Act shall be used to continue
programs currently funded entirely with Federal funds.
Section 58. In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the
Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at
3160
JOURNAL OF THE HOUSE
the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 59. (a.) All expenditures and appropriations made and authorized under this Act shall
be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 2001 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.
WEDNESDAY, APRIL 3, 2002
3161
Section 60. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined
Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 61. There is hereby appropriated a specific sum of Federal grant funds, said specific
sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.
Section 62. 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, excluding all elected officials, with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2002. 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. This proposed 3.25% salary improvement is in addition to the salary increases awarded to certificated personnel through normal progression on the teacher salary schedule of the State Board of Education. The amount of the appropriation for this purpose is calculated 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 calculated according to an effective date of July 1, 2002. 4.) In lieu of all other numbered items, to provide a 3.25% funding level for merit increases for Regents faculty and non-academic personnel, with the amount of the appropriation for this purpose calculated to commence with fall semester, 2002, for Regents faculty and calculated to commence October 1, 2002, for non-academic personnel. In lieu of all other numbered items, to provide a 3.25% salary increase for public librarians with the amount of the appropriation for this purpose calculated according to an effective date of September 1, 2002. 5.) In lieu of all other numbered items, 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 calculated according to an effective date of September 1, 2002, and to provide for a
3162
JOURNAL OF THE HOUSE
2.25% salary increase for support personnel, with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2002. 6.) In addition to any salary adjustments or supplements provided for in the other numbered items, to provide for a 2% one-time lump sum incentive payment for Executive Branch employees who surpass performance expectations, under compensation and performance management plans promulgated by the State Personnel Board or as otherwise provided by law, with the amount of the appropriation for this purpose calculated according to payment on the pay date for the pay period commencing October 1, 2002. 7.) In lieu of item 1 above, 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 for this purpose calculated according to an effective date of October 1, 2002. 8.) To recommend to the Teachers' Retirement System's Board of Trustees that a total 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 calculated according to an effective date of October 1, 2002. 10.) In lieu of all other numbered items, 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 calculated according to an effective date of October 1, 2002.
Section 63. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 2003
$ 16,097,689,408
Section 64. This Act shall become effective upon its approval by the Governor or upon its
becoming law without his approval.
Section 65. All laws and parts of laws in conflict with this Act are repealed.
By unanimous consent, the House disagreed to the Senate substitute to HB 1002, pursuant to authority granted to the Speaker.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
WEDNESDAY, APRIL 3, 2002
3163
Pursuant to authority granted to the Secretary of the Senate, the Senate insists on its substitute to the following bill of the House:
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 Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
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.
By unanimous consent, the House insisted on its position in disagreeing to the Senate substitute to HB 1002 and a Committee of Conference was appointed on the part of the House to confer with a like committee on the part of the Senate, pursuant to authority granted to the Speaker.
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.
Representative Jamieson of the 22nd District, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
3164
JOURNAL OF THE HOUSE
SB 226 Do Pass SB 336 Do Pass, by Substitute
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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 428 Do Pass, by Substitute SB 432 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 has had under consideration the following Bill and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 408 Do Pass SR 118 Do Pass, as Amended
Respectfully submitted, /s/ Royal of the 164th
Chairman
WEDNESDAY, APRIL 3, 2002
3165
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
Pursuant to the authority granted to the Secretary of the Senate, the Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
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 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.
Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Tuesday, April 9, 2002.
3166
JOURNAL OF THE HOUSE
Representative Hall, Atlanta, Georgia Tuesday, April 9, 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 Birdsong Bridges Brooks Broome Brown Buck Bulloch Bunn Burkhalter Burmeister Byrd Campbell Cash Childers E Coleman, B Connell Cooper Cox
E Crawford Cummings Deloach, B Drenner Ehrhart Everett Floyd Forster Franklin Gardner Grasse
E Graves Greene Hammontree Heckstall Hembree Henson Hines Holland Houston Howard Hudgens Hugley
Irvin E Jackson, B
Jackson, L James Jennings Johnson Jordan E Joyce Kaye Lanier Lewis Manning E Massey McBee McCall McClinton Millar Mills Morris Mosley Mueller Muntean O'Neal
Orrock Parrish Parsons Pelote Pinholster Powell Purcell Reece Reichert Rice Richardson Roberts, D Roberts, L Rogers Royal Sanders Scheid E Scott Seay Shanahan Sholar Sinkfield Skipper
Smith, C.W Smith, L Smith, P Smith, T E Smith, V Snelling Stallings Stanley-Turner Stephens Stokes Taylor Teper E Tillman Twiggs 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, Barnes of the 97th, Benfield of the 67th, Black of the 178th, Boggs of the 168th, Bordeaux of the 151st, Borders of the 177th, Buckner of the 95th, Callaway of the 81st, Channell of the 111th, Coan of the 82nd, Coleman of the 142nd, Collins of the 29th, Davis of the 60th, Day of the 153rd, Dean of the 48th, DeLoach of the 119th, Dodson of the 94th, Dukes of the 161st, Epps of the 131st, Golick of the 30th, Hanner of the 159th, Harrell of the 62nd, Heard of the 89th, Holmes of the 53rd, Hudson of the 120th, Hudson of the 156th, Jamieson of the 22nd, Keen of the 174th, Knox of the 28th, Lord of the 121st, Lucas of the 124th, Lunsford of the 109th, Maddox of the 72nd, McKinney of the 51st, Mobley of
TUESDAY, APRIL 9, 2002
3167
the 69th, Poag of the 6th, Porter of the 143rd, Randall of the 127th, Ray of the 128th, Reed of the 52nd, Sailor of the 71st, Shaw of the 176th, Sims of the 167th, Smith of the 91st, Smyre of the 136th, Snow of the 2nd, Squires of the 78th, Stanley of the 49th, Teague of the 58th, Turnquest of the 73rd, Unterman of the 84th, Walker of the 141st, Walker of the 87th, Watson of the 70th, and Williams of the 83rd.
They wish to be recorded as present.
Prayer was offered by the Reverend Robert L. Melson, Sr., Pastor, Dodd-Sterling United Methodist Church, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Teper of the 61st, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Resolution of the House was introduced, read the first time and referred to the Committee:
3168
JOURNAL OF THE HOUSE
HR 1612. By Representatives Ehrhart of the 36th, Westmoreland of the 104th and Richardson of the 26th:
A RESOLUTION urging the United States Congress to pass, and the President of the United States to sign, legislation that completely bans human cloning; 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 1834 HB 1842 HR 1541 HR 1542
HR 1594 HR 1595 SB 566
Representative Hudson of the 156th District, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 441 Do Pass SB 469 Do Pass, by Substitute
Respectfully submitted, /s/ Hudson of the 156th
Chairman
Representative Bordeaux of the 151st District, Chairman of the Committee on Judiciary, submitted the following report:
TUESDAY, APRIL 9, 2002
3169
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 462 Do Pass, by Substitute SB 474 Do Pass, by Substitute SB 475 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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 138 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 1540 Do Pass HR 1611 Do Pass
3170
JOURNAL OF THE HOUSE
Respectfully submitted, /s/ Smyre of the 136th
Chairman
Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1797 Do Pass HB 1829 Do Pass HB 1830 Do Pass, by Substitute HB 1831 Do Pass HB 1832 Do Pass HB 1833 Do Pass HB 1835 Do Pass HB 1836 Do Pass HB 1837 Do Pass HB 1838 Do Pass
HB 1839 Do Pass HB 1840 Do Pass HB 1841 Do Pass SB 525 Do Pass SB 557 Do Pass, by Substitute SB 563 Do Pass, by Substitute SB 564 Do Pass SB 567 Do Pass SB 570 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, APRIL 9, 2002
Mr. Speaker and Members of the House:
TUESDAY, APRIL 9, 2002
3171
The Committee on Rules has fixed the calendar for this 38th Legislative Day as enumerated below:
HR 1414 SB 62 SB 320
SB 334 SB 346
SB 354
SB 393
SB 396
SB 397
SB 442
SB 460 SB 467
SB 472 SB 482
SB 517
SB 532 SB 534 SR 668
School prayer; proposed amendment to U.S. Constitution; express support Employees' Retirement; creditable service; certain active military service Georgia's Homeland Defense Act; define, prohibit and punish domestic terrorism; provide law enforcement tools Abandoned Vehicles; towing, storage charges; lien foreclosure procedures Civil Actions; documents; methods of service of process upon individuals in other countries Counties of 650,000 or More; commission for collecting intangible recording taxes Appellate Review; criminal cases; judgments, rulings, decisions, motions, summary judgments; jurisdiction Public Records; protected information; records securing government facilities against terrorist or other attack Motor Vehicle Provisions; exclusion; personal transporters; assistive wheeled/mobility devices designed for sidewalk use Community Health, Department of; grant awards; Rural Hospital Assistance Act Veterans Services; additional Georgia veterans cemeteries Family Violence Intervention; offender rehabilitation; DHR program certification; parole conditions Self-administration of Asthma Medication by Minor Children at School DUI Intoxicating Substances; seizure and disposition of licenses; revise provisions Trustees; conflict of interest between beneficiaries of the trust; restrict certain powers; appointment of an independent trustee Bank Acquisitions; change to a three-year age requirement Atlantic Judicial Circuit; superior court; change terms Small Business Investment Capital Study Committee; create
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:
3172
JOURNAL OF THE HOUSE
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 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 1829. By Representative Smith of the 91st:
A BILL to amend an Act providing a new charter for the City of Madison, so as to change the descriptions of election districts; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1830. By Representative Twiggs of the 8th:
A BILL to amend an Act reincorporating the City of Dillard, so as to change the corporate limits of said city; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend an Act to reincorporate the City of Dillard in the County of Rabun, approved March 21, 1974 (Ga. L. 1974, p. 2451), as amended, so as to change the corporate limits of the city; to provide for annexation of certain territory; to repeal conflicting laws; and for other purposes.
TUESDAY, APRIL 9, 2002
3173
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to reincorporate the City of Dillard in the County of Rabun, approved March 21, 1974 (Ga. L. 1974, p. 2451), as amended, is amended by designating the existing provisions of Section 1.02 as subsection (a) thereof and adding a new subsection (b) to read as follows:
"(b) In addition to any territory lying within the corporate limits of the City of Dillard pursuant to subsection (a) of this section, such corporate limits of the City of Dillard shall also include the following:
(1) The right of way of U.S. Highway 441 (as it currently exists or as modified in the future) as it extends generally northward from the northern boundary of the corporate limits described in subsection (a) of this section to the North Carolina state line; and (2) The right of way of State Route 246 (as it currently exists or as modified in the future) as it extends generally eastward from its intersection with the right of way of U.S. Highway 441 to its intersection with the right of way of Chastain Road."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 1831. By Representative Dukes of the 161st:
A BILL to amend an Act providing a new charter for the City of Colquitt, so as to change the provision for filling of vacancies in the office of mayor or councilmember; to provide for qualifications for the city manager; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1832. By Representative Holland of the 157th:
A BILL to amend an Act entitled "An Act to provide a new charter for the City of Ashburn," so as to provide for the terms of office of the mayor and councilpersons; and for other purposes.
3174
JOURNAL OF THE HOUSE
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1833. By Representative Holland of the 157th:
A BILL to amend an Act entitled "An Act to establish a City Court in the City of Sylvester, County of Worth," such court now known as the State Court of Worth County, so as to provide for jurisdiction of such court; and for other purposes.
The following substitute, offered by Representative Holland of the 157th, was read and adopted:
A BILL
To amend an Act entitled "An Act to establish a City Court in the City of Sylvester, County of Worth," such court now known as the State Court of Worth County, approved August 8, 1916 (Ga. L. 1916, p. 314), as amended, particularly by an Act approved July 31, 1918 (Ga. L. 1918, p. 339), an Act approved August 7, 1920 (Ga. L. 1920, p. 391), an Act approved March 21, 1933 (Ga. L. 1933, p. 367), an Act approved March 12, 1935 (Ga. L. 1935, p. 557), an Act approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Session, p. 3273), an Act approved March 17, 1967 (Ga. L. 1967, p. 2194), an Act approved March 4, 1969 (Ga. L. 1969, p. 2170), an Act approved January 21, 1992 (Ga. L. 1992, p. 6057), and an Act approved April 5, 1993 (Ga. L. 1993, p. 4589), so as to provide for jurisdiction of such court; to provide for the contracting for services; to provide for punishments; to provide for a salary for the judge; to provide for the provision of facilities; to provide for a salary for the solicitor general of said court; to provide that the judge and solicitor general and their staffs shall be eligible for county employee benefits; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act entitled "An Act to establish a City Court in the City of Sylvester, County of Worth," such court now known as the State Court of Worth County, approved August 8, 1916 (Ga. L. 1916, p. 314), as amended, particularly by an Act approved July 31, 1918 (Ga. L. 1918, p. 339), an Act approved August 7, 1920 (Ga. L. 1920, p. 391), an Act approved March 21, 1933 (Ga. L. 1933, p. 367), an Act approved March 12, 1935 (Ga. L. 1935, p. 557), an Act approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Session, p. 3273),
TUESDAY, APRIL 9, 2002
3175
an Act approved March 17, 1967 (Ga. L. 1967, p. 2194), an Act approved March 4, 1969 (Ga. L. 1969, p. 2170), an Act approved January 21, 1992 (Ga. L. 1992, p. 6057), and an Act approved April 5, 1993 (Ga. L. 1993, p. 4589), is amended by inserting immediately following Section 1 a new section to read as follows:
"SECTION 1A. (a) The governing authority of Worth County is authorized to contract with the governing authority of any municipality within Worth County for the county to furnish municipal court services to the municipality as authorized by Article 5 of Chapter 7 of Title 15 of the O.C.G.A.; and the governing authorities of such municipalities are likewise authorized to enter into such contracts with the governing authority of Worth County. (b) Any contract entered into pursuant to this section shall provide that the county shall furnish municipal court services to the municipality through the officers, employees, and facilities of the state court of the county. Any contract may provide for an additional supplement to the salaries of the judge and solicitor and reimbursement of costs to the county. Any contract so entered into shall not become effective unless it is approved by the state court judge then in office; and no such contract shall extend beyond the term of the judge then in office. (c) When acting as officers of the municipal court the judge and all other officers of the state court shall be styled as the judge and officers of the municipal court; and all pleadings, process, and papers of the municipal court shall be styled as such and not as pleadings, process, and papers of the state court. The dockets and other records of the municipal court shall be kept separately from those of the state court. (d) Any limitations upon the punishment which may be imposed for violations of municipal ordinances which are contained in the charter of the municipality shall continue to control in municipal courts operated under this section, and if no such limitation exists the maximum punishment imposed shall not exceed a fine of $1,000.00 or six months imprisonment or both, unless some other general law authorizes greater punishment. Other charter provisions not in conflict with this section shall continue to apply in municipal courts operated under this Act."
SECTION 2. Said Act is further amended by striking Section 4 and inserting in lieu thereof the following:
"SECTION 4. The judge shall be a part-time judge within the meaning of Chapter 7 of Title 15 of the O.C.G.A. and shall be paid an annual salary equal to 40 percent of the salary now or hereafter paid to superior court judges. Said salary, which may also be supplemented by the governing authority of Worth County, shall be payable out of the funds of Worth County at the same intervals as installments are paid to other county employees. This amount of compensation shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of
3176
JOURNAL OF THE HOUSE
office served by any judge following December 31, 2004, effective the first day of January following the completion of each such period of service.
SECTION 4A. The governing authority of Worth County shall furnish the judge of the State Court of Worth County suitable courtroom space and facilities, a copy of the Official Code of Georgia Annotated and annual supplements to the Code to keep it current, office space, office equipment, computer equipment and programs, supplies, educational expenses and travel expenses, secretarial expenses, and such personnel as may be considered necessary by the judge to the proper functioning of the court. All of the expenditures authorized in this section are declared to be an expense of said court and payable out of the county treasury as such. Such expenses may be paid directly or reimbursed to the judge. In addition to such expenses, the judge shall be entitled to an annual expense allowance, payable in monthly installments, in an amount equal to the expense allowance provided for members of the General Assembly pursuant to Code Section 45-7-4 of the O.C.G.A.
SECTION 4B. In the event that the judge of the State Court of Worth County is unable to preside in court for any reason, is disqualified for any reason, or needs assistance for any reason then said judge may avail himself or herself of support as provided by Chapters 1 and 7 of Title 15 of the O.C.G.A. or may appoint a judge pro hac vice, who shall meet the same qualifications as said state court judge, to serve in his or her absence."
SECTION 3. Said Act is further amended by striking Section 9 and inserting in lieu thereof the following:
"SECTION 9. The solicitor-general of said court shall have such qualifications, shall be vested with all of the power and authority, and shall be subject to such restrictions and discipline as provided in Article 3 of Chapter 18 of Title 15 of the O.C.G.A.
SECTION 9A. The solicitor-general shall be a part-time solicitor-general within the meaning of Chapter 18 of Title 15 of the O.C.G.A., and he or she shall be paid an annual salary equal to 40 percent of the salary now or hereafter paid to district attorneys. Said salary, which may also be supplemented by the governing authority of Worth County, shall be payable out of the funds of Worth County at the same intervals as installments are paid to other county employees. The salary of said solicitor-general shall be an expense of said court and payable out of the county treasury as such. This amount of compensation shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any
TUESDAY, APRIL 9, 2002
3177
solicitor-general following December 31, 2004, effective the first day of January following the completion of each such period of service.
SECTION 9B. The governing authority of Worth County shall furnish the solicitor-general of the State Court of Worth County suitable courtroom space and facilities, a copy of the Official Code of Georgia Annotated and annual supplements to the Code to keep it current, office space, office equipment, computer equipment and programs, materials, supplies, educational expenses and travel expenses, secretarial expenses, and such personnel as may be considered necessary by the judge to the proper functioning of the court. All of the expenditures authorized herein are declared to be an expense of said court and payable out of the county treasury as such. Such expenses may be paid directly or reimbursed to the solicitor. In addition to such expenses, the solicitor shall be entitled to an annual expense allowance, payable in monthly installments, in an amount equal to the expense allowance provided for members of the General Assembly pursuant to Code Section 45-2-4 of the O.C.G.A."
SECTION 4. Said Act is further amended by inserting immediately following Section 20 a new section to read as follows:
"SECTION 20A. The judge of the State Court of Worth County, the solicitor-general of the State Court of Worth County, and their office personnel shall be authorized to participate in any employment benefit package available to any other employees of Worth County upon such terms and conditions as applicable to other employees of Worth County."
SECTION 5. This Act shall become effective on January 1, 2003.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
HB 1835. By Representatives Lunsford of the 109th, Cash of the 108th and Sanders of the 107th:
A BILL to amend an Act creating the State Court of Henry County, so as to provide that the solicitor-general of said court shall be a full-time position; to
3178
JOURNAL OF THE HOUSE
change certain provisions regarding the compensation of the solicitorgeneral; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1836. By Representatives Snow of the 2nd and Joyce of the 1st:
A BILL to provide a homestead exemption from Walker County ad valorem taxes for county purposes for the full value of the homestead for certain residents of that county who have annual incomes not exceeding $20,000.00 and who are 70 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to repeal an Act providing a homestead exemption from Walker County ad valorem taxes for county purposes; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1837. By Representatives Mangham of the 75th, Drenner of the 66th, Sailor of the 71st, Watson of the 70th, Teper of the 61st 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 add a judge to said court; to provide for the appointment, election, and term of office of the additional judge and successors to the judge; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1838. By Representatives Snow of the 2nd and Joyce of the 1st:
A BILL to provide a homestead exemption from Walker County School District ad valorem taxes for educational purposes for the full value of the homestead for certain residents of that school district who have annual
TUESDAY, APRIL 9, 2002
3179
incomes not exceeding $20,000.00 and who are 75 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to repeal an Act providing a homestead exemption from Walker County School District ad vlorem taxes for educational purposes; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1839. By Representative Byrd of the 170th:
A BILL to amend an Act providing for the election of members ot the Board of Education of Jeff Davis 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 1840. By Representative Byrd of the 170th:
A BILL to amend an Act creating the Board of Commissioners of Jeff Davis 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 1841. By Representative Channell of the 111th:
A BILL to provide a homestead exemption from Greene County school district ad valorem taxes for educational purposes in the amount of $8,000.00 of the assessed value of the homestead for certain residents of that school district who 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.
3180
JOURNAL OF THE HOUSE
SB 525. By Senator Ladd of the 41st:
A BILL to be entitled an Act to amend an Act to provide for the creation of community improvement districts in DeKalb County, approved April 19, 1999 (Ga. L. 1999, p. 4786), so as to extend the time for the creation of community improvement districts under the Act; 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 557. By Senator Thomas of the 10th:
A BILL to be entitled an Act to amend an Act establishing in DeKalb County districts from which members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), 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 repeal certain provisions authorizing election on a nonpartisan basis; to provide for related matters; 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.
The following Committee substitute was read and adopted:
A BILL
To amend an Act establishing in DeKalb County districts from which members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), 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 additional members; to provide for election and terms of office of subsequent members; to provide for related matters; 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.
TUESDAY, APRIL 9, 2002
3181
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act establishing in DeKalb County districts from which members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, is amended by striking Sections1 and 2 and inserting in their place new Sections 1 and 2 to read as follows:
"SECTION 1. (a) There is created the board of education of DeKalb County. Except as otherwise provided in paragraph (5) of subsection (a) of Section 2 of this Act, for purposes of electing members of the board of education, the DeKalb County School District is divided into nine education districts. One member of the board shall be elected from each such district. Education Districts 1, 2, 3, 4, 5, 6, and 7 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: PNP6re Plan Type: Local User: Shantee Administrator: Dekalb. Education Districts 8 and 9 shall be and correspond to those two numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: deksup2re Plan Type: local User: Shantee Administrator: Dekalb. (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 the DeKalb 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 DeKalb 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.
SECTION 2. (a) Education Districts 1, 2, 3, 4, and 5, as they exist on January 1, 2002, shall continue to be designated as Education Districts 1, 2, 3, 4, and 5, respectively, but as newly
3182
JOURNAL OF THE HOUSE
described under this Act and 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. Education Districts 6 and 7, as they exist on January 1, 2002, shall be redesignated as Education Districts 8 and 9, respectively, and as newly described under 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. (b) Those members of the board of education of DeKalb County who are serving as such on January 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 until the election and qualification of their respective successors. The successor to each such member shall be elected as provided in this section. (c) The first members for new Education Districts 1, 3, 5, 9, and 7 shall be elected in a nonpartisan election to be held and conducted in conjunction with the general primary in 2002 in accordance with Code Section 21-2-139 without a prior nonpartisan primary. Those members of the board elected thereto from new Education Districts 1, 3, 5, 9, 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. (d) The first member for new Education District 6 shall be elected in a nonpartisan election to be held and conducted in conjunction with the general primary in 2002 in accordance with Code Section 21-2-139 without a prior nonpartisan primary. The member of the board elected thereto from Education District 6 in 2002 shall take office on the first day of January immediately following that election and shall serve for an initial term of office that expires on December 31, 2004, and upon the election and qualification of such members successor. (e) The first members for new Education Districts 2, 4, and 8, and the first successor to the member for new Education District 6 shall be elected in a nonpartisan election to be held and conducted in conjunction with the general primary in 2004 in accordance with Code Section 21-2-139 without a prior nonpartisan primary. Those members of the board elected thereto from new Education Districts 2, 4, 8, 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. (f) Those and all future successors to members of the board whose terms of office are to expire shall be elected at the nonpartisan election held and conducted in conjunction with the general primary immediately preceding the expiration of such terms in accordance with Code Section 21-2-139 without a prior nonpartisan primary, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each and until their respective successors are elected and qualified."
TUESDAY, APRIL 9, 2002
3183
SECTION 2. It is the purpose of this Act to reapportion the districts from which members of the board of education of DeKalb County are to be elected in the 2002 election and in subsequent elections, and this Act results from changes in population based on the United States decennial census of 2000. Except for adding two additional members, it is not the intention of the General Assembly to affect the membership of current members of the board or their terms of office 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 DeKalb County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.
SECTION 4. Section 3, this section, and the provisions of this Act relating to and necessary for the regular election in 2002 of members of the board of education of DeKalb County 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 DeKalb County
Tract: 211 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1010 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3022 3023 3024 3999 BG: 4 Tract: 212.02 Tract: 212.04 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 1032 1033 1034 Tract: 212.07 Tract: 212.08 Tract: 212.09
3184
JOURNAL OF THE HOUSE
Tract: 212.10 Tract: 212.11 Tract: 212.12 Tract: 212.13 Tract: 212.14 Tract: 213.01 Tract: 213.02 BG: 1 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1030 1031 1035 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3015 3016 BG: 4 Tract: 213.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1013 1014 1015 1016 1017 BG: 2 2004 2005 2007 2010 2011 2024 2025 2026 2033 Tract: 213.04 Tract: 214.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1015 1016 1017 1018 1019 1020 1021 1022 1028 BG: 3 3000 3003 Tract: 214.04 BG: 2 2012 Tract: 217.05 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 BG: 2 2004 2005 2007 2008 2009 2010 2011 2012 BG: 3 Tract: 217.06 Tract: 218.08 BG: 5 5034 5035
TUESDAY, APRIL 9, 2002
District 002 DeKalb County
Tract: 201 BG: 1 1013 1014 1022 1026 1027 1028 1029 Tract: 211 BG: 1 1008 1009 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 BG: 2 BG: 3 3020 3021 Tract: 212.04 BG: 1 1028 1029 1030 1031 Tract: 214.01 Tract: 214.03 BG: 1 1011 1012 1013 1014 1023 1024 1025 1026 1027 BG: 2 BG: 3 3001 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 Tract: 214.05 Tract: 214.06 Tract: 215.01 Tract: 215.02 Tract: 216.01 BG: 3 3005 3006 3007 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3999 BG: 4 Tract: 216.02 Tract: 216.03 Tract: 217.04 BG: 3 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 Tract: 222 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011
3185
3186
JOURNAL OF THE HOUSE
3012 3013 3014 3015 3016 3017 3018 BG: 4 4021 Tract: 223.01 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 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4013 Tract: 223.02 Tract: 224.01 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2008 BG: 3 BG: 4 Tract: 224.02 Tract: 224.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1019 1020 1021 1022 1023 1024 1025 1026 1027 1029 1030 1031 1032 1033 1034 1035 1036 1037 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3016 3017 3018 3019 3020 Tract: 225 BG: 1 1003 1004
District 003 DeKalb County
Tract: 220.01 BG: 4 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 Tract: 220.07 BG: 1 1006 1007
TUESDAY, APRIL 9, 2002
BG: 2 2016 2017 Tract: 220.08 BG: 1 1014 Tract: 221 Tract: 222 BG: 3 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4035 Tract: 226 BG: 3 3013 Tract: 229 Tract: 230 Tract: 231.01 Tract: 231.02 Tract: 231.05 BG: 2 2017 2018 2019 2020 2021 Tract: 231.07 BG: 1 1009 1010 1011 1012 1013 1020 BG: 2 2002 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Tract: 234.04 Tract: 234.05 BG: 1 1001 1002 1003 1004 1005 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1998 BG: 2 Tract: 234.10 BG: 2 BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 Tract: 234.11 Tract: 234.12 BG: 3 3003 3004 3005 3007 3008 3009 3010 3011 3012 3013 3014 3015
3187
3188
JOURNAL OF THE HOUSE
3016 3017 Tract: 235.01 BG: 2 Tract: 235.04 BG: 3 3001 3002 3003 Tract: 235.05 BG: 1 1012 1013 BG: 2 2007 2008 2011 2012 2013 2014 Tract: 236.01 Tract: 236.02 Tract: 236.03 Tract: 237 Tract: 238.01 Tract: 238.02 Tract: 238.03
District 004 DeKalb County
Tract: 213.02 BG: 1 1000 1001 1002 1003 1004 1005 1024 1025 1026 1027 1028 1029 1032 1033 1034 1036 1037 BG: 3 3011 3012 3013 3014 3017 3018 3019 3020 3021 3022 Tract: 213.03 BG: 1 1009 1010 1011 1012 BG: 2 2000 2001 2002 2003 2006 2008 2009 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2027 2028 2029 2030 2031 2032 2034 2035 2036 Tract: 214.04 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Tract: 216.01 BG: 1
TUESDAY, APRIL 9, 2002
BG: 2 BG: 3 3000 3001 3002 3003 3004 3008 3009 Tract: 217.03 Tract: 217.04 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3023 3024 3025 BG: 9 Tract: 217.05 BG: 1 1000 BG: 2 2000 2001 2002 2003 2006 Tract: 218.05 Tract: 218.06 Tract: 218.08 BG: 5 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 5036 Tract: 218.09 Tract: 218.10 Tract: 218.11 Tract: 218.12 Tract: 219.02 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4006 4007 4013 4014 4015 Tract: 219.04 BG: 1 1000 1001 1002 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 220.01 BG: 1 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011
3189
3190
JOURNAL OF THE HOUSE
Tract: 220.04 BG: 1 1001 1002 BG: 2 2000 2001 Tract: 220.06 BG: 1 1000 1001 1002 1003 1004 1005 BG: 2 2000 2001 2002 2003 2004 2005 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3013 3014 3015 3016 3017 3020 3023 3024 3025 3028 3999
District 005 DeKalb County
Tract: 232.03 Tract: 233.03 BG: 1 1020 1021 1022 1023 1024 BG: 2 BG: 3 BG: 4 4010 4011 4012 4014 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4999 Tract: 233.09 Tract: 233.10 Tract: 234.05 BG: 1 1000 1006 1007 1999 BG: 3 BG: 4 Tract: 234.10 BG: 9 9008 Tract: 234.12 BG: 1 BG: 2 BG: 3 3000 3001 3002 3006 3018 Tract: 234.13
TUESDAY, APRIL 9, 2002
Tract: 234.14 Tract: 234.15 Tract: 234.16 Tract: 234.17 Tract: 234.18 Tract: 235.06 BG: 2 2011 2012 2023 2024 2025 BG: 4 4000 4001 4002 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 Tract: 235.07
District 006 DeKalb County
Tract: 219.02 BG: 4 4005 4008 4009 4010 4011 4012 Tract: 219.04 BG: 1 1003 1004 1005 1006 1007 1008 Tract: 219.06 Tract: 219.07 Tract: 219.08 Tract: 219.09 Tract: 220.04 BG: 1 1000 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2999 Tract: 220.05 BG: 3 3000 3001 3022 BG: 4 Tract: 220.08 BG: 2 2000 2001 2008 2010 2011 2012 2013 2014 2015 2016 2999 Tract: 232.04 BG: 2 2000 2001 2002 2009 2010 2011 2012
3191
3192
JOURNAL OF THE HOUSE
Tract: 232.08 Tract: 232.09 Tract: 233.02 Tract: 233.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1999 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4013 4015 4016 4017 4998 Tract: 233.05 Tract: 233.06 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1013 1014 1018 1019 1020 1021 1022 1999 BG: 2 Tract: 233.07 BG: 1 BG: 2 2000 2001 2002 BG: 5
District 007 DeKalb County
Tract: 220.05 BG: 3 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 Tract: 220.06 BG: 1 1006 1007 1008 BG: 2 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 BG: 3 3009 3010 3011 3012 3018 3019 3021 3022 3026 3027 3029 3030 3031 3032 3033 3034 3035 3036 Tract: 220.07 BG: 1 1000 1001 1002 1003 1004 1005 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2018 2019 2020 2021
TUESDAY, APRIL 9, 2002
Tract: 220.08 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015 1016 1017 1018 1019 BG: 2 2002 2003 2004 2005 2006 2007 2009 Tract: 231.05 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 BG: 3 BG: 4 Tract: 231.06 Tract: 231.07 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1014 1015 1016 1017 1018 1019 1021 1022 1023 1024 BG: 2 2000 2001 2003 2017 2018 2019 2020 2021 2022 2023 2024 Tract: 231.08 Tract: 232.04 BG: 2 2003 2004 2005 2006 2007 2008 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 BG: 3 Tract: 232.06 Tract: 232.10 Tract: 232.11 Tract: 232.12 Tract: 233.06 BG: 1 1012 1015 1016 1017 Tract: 233.07 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2999 BG: 3 BG: 4 Tract: 235.01 BG: 1 Tract: 235.04 BG: 1
3193
3194
JOURNAL OF THE HOUSE
BG: 2 BG: 3 3000 Tract: 235.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 BG: 2 2000 2001 2002 2003 2004 2005 2006 2009 2010 Tract: 235.06 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 BG: 3 BG: 4 4003 4004 4005 4006
District 008 DeKalb County
Tract: 211 Tract: 212.02 Tract: 212.04 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 1032 1033 1034 Tract: 212.07 Tract: 212.08 Tract: 212.09 Tract: 212.10 Tract: 212.11 Tract: 212.12 Tract: 212.13 Tract: 212.14 Tract: 213.01 Tract: 213.02 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3015 3016 BG: 4 Tract: 213.03
TUESDAY, APRIL 9, 2002
Tract: 213.04 Tract: 214.03 BG: 1 BG: 2 2003 2004 2009 2010 2011 2012 2013 2014 2015 2016 2017 BG: 3 Tract: 214.04 BG: 2 2012 Tract: 214.05 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2028 2029 2037 2038 2039 2040 Tract: 216.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1017 1999 Tract: 217.03 BG: 1 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4018 4019 4020 4021 4022 4023 4024 4025 4999 Tract: 217.04 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3023 3024 3025 BG: 9 Tract: 217.05 Tract: 217.06 Tract: 218.05 Tract: 218.06 Tract: 218.08 Tract: 218.09 Tract: 218.10 Tract: 218.11 Tract: 218.12 Tract: 219.02 Tract: 219.04 Tract: 219.06 Tract: 219.07
3195
3196
JOURNAL OF THE HOUSE
Tract: 219.08 Tract: 219.09 Tract: 220.01 BG: 1 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 Tract: 220.04 Tract: 220.05 Tract: 220.06 Tract: 220.07 BG: 1 1000 1001 1002 1003 1004 1005 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2018 2019 2020 2021 Tract: 220.08 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015 1016 1017 1018 1019 BG: 2 Tract: 231.06 BG: 1 1006 Tract: 232.04 Tract: 232.06 BG: 2 2000 2001 2002 2003 2004 2005 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2998 2999 BG: 4 4000 4001 4002 4003 4004 4005 4006 Tract: 232.08 Tract: 232.09 Tract: 232.10 Tract: 232.11 Tract: 232.12 Tract: 233.02 Tract: 233.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1999 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4013 4015 4016 4017 4998
Tract: 233.05 Tract: 233.06 Tract: 233.07 Tract: 233.09
TUESDAY, APRIL 9, 2002
District 009 DeKalb County
Tract: 201 BG: 1 1013 1014 1022 1026 1027 1028 1029 Tract: 212.04 BG: 1 1028 1029 1030 1031 Tract: 213.02 BG: 3 3011 3012 3013 3014 3017 3018 3019 3020 3021 3022 Tract: 214.01 Tract: 214.03 BG: 2 2000 2001 2002 2005 2006 2007 2008 2018 2019 2020 2021 2022 Tract: 214.04 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Tract: 214.05 BG: 1 BG: 2 2000 2001 2002 2027 2030 2031 2032 2033 2034 2035 2036 2041 2042 Tract: 214.06 Tract: 215.01 Tract: 215.02 Tract: 216.01 BG: 1 1015 1016 1018 1019 1020 1021 BG: 2 BG: 3 BG: 4 Tract: 216.02 Tract: 216.03
3197
3198
JOURNAL OF THE HOUSE
Tract: 217.03 BG: 4 4017 Tract: 217.04 BG: 3 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 Tract: 220.01 BG: 4 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 Tract: 220.07 BG: 1 1006 1007 BG: 2 2016 2017 Tract: 220.08 BG: 1 1014 Tract: 221 Tract: 222 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 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 4028 4029 4030 4031 4032 4033 4035 Tract: 223.01 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 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4013 Tract: 223.02 Tract: 224.01 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2008 BG: 3 BG: 4
TUESDAY, APRIL 9, 2002
Tract: 224.02 Tract: 224.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1019 1020 1021 1022 1023 1024 1025 1026 1027 1029 1030 1031 1032 1033 1034 1035 1036 1037 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3016 3017 3018 3019 3020 Tract: 225 BG: 1 1003 1004 Tract: 226 BG: 3 3013 Tract: 229 Tract: 230 Tract: 231.01 Tract: 231.02 Tract: 231.05 Tract: 231.06 BG: 1 1000 1001 1002 1003 1004 1005 1007 1008 1009 1010 1011 1012 1013 BG: 2 BG: 3 BG: 4 Tract: 231.07 Tract: 231.08 Tract: 232.03 Tract: 232.06 BG: 2 2006 2007 2008 2009 2010 2011 2012 BG: 3 BG: 4 4007 4008 4009 4010 4011 4012 Tract: 233.03 BG: 1 1020 1021 1022 1023 1024 BG: 2 BG: 3 BG: 4
3199
3200
JOURNAL OF THE HOUSE
4010 4011 4012 4014 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4999 Tract: 233.10 Tract: 234.04 Tract: 234.05 Tract: 234.10 Tract: 234.11 Tract: 234.12 Tract: 234.13 Tract: 234.14 Tract: 234.15 Tract: 234.16 Tract: 234.17 Tract: 234.18 Tract: 235.01 Tract: 235.04 Tract: 235.05 Tract: 235.06 Tract: 235.07 Tract: 236.01 Tract: 236.02 Tract: 236.03 Tract: 237 Tract: 238.01 Tract: 238.02 Tract: 238.03
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
SB 563. By Senators Ragan of the 11th, Bowen of the 13th and Golden of the 8th:
A BILL to be entitled an Act to create the Joint Recreation Authority of Brooks, Colquitt, Grady, Mitchell, and Thomas Counties and to authorize such authority to acquire, own, operate, manage, construct, equip, maintain, modify, improve, expand, and operate sports, cultural, and recreational facilities and areas of all kinds and descriptions; to provide for the validation of revenue bonds and supporting agreements pursuant to the provisions of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; to grant to the authority sovereign immunity; to fix the venue or
TUESDAY, APRIL 9, 2002
3201
jurisdiction of actions to which the authority shall be a party; to provide for construction of this Act; to provide for conveyance of property upon dissolution; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To create the Joint Recreation Authority of Brooks, Colquitt, Grady, Mitchell, and Thomas Counties and to authorize such authority to acquire, own, operate, manage, construct, equip, maintain, modify, improve, expand, and operate sports, cultural, and recreational facilities and areas of all kinds and descriptions, including, but not limited to, playgrounds, parks, amusement parks, hiking, camping, and picnicking areas and facilities, swimming and wading pools, lakes, ponds, marinas, tennis courts, handball courts, squash courts, racket ball courts, frontons, basketball courts, ice rinks, facilities for track and field events, rifle, archery, skeet, and trap ranges and facilities, athletic fields and courts, club houses, gymnasiums, museums, libraries, concert halls, theaters, amphitheaters, auditoriums, arenas, stadiums, grandstands, facilities for fairs, livestock shows, trade shows, exhibitions, and conventions, youth centers, senior citizen centers, recreation centers and other recreational buildings, golf courses, driving ranges, stables, hunting preserves, lodges and resorts, fishing lodges and resorts, boats, historic sites and attractions, and facilities for the recreation and accommodation of tourists, including hotels, motels, convention centers, conference centers, and restaurants and ancillary and related facilities and areas serving the foregoing or to be used in connection therewith, including, but not limited to, parking facilities, food and beverage service facilities, and retail and service facilities associated therewith and to acquire the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real property; to confer powers on the authority; to provide for the membership and for the appointment of members of the authority and for their removal from office; to provide for officers and employees of the authority; to authorize the authority to contract with others pertaining to such recreational facilities, to lease such facilities, either as lessor or lessee, to convey title to real property of the authority in fee simple, to convey title to personal property, and to do all things deemed necessary or convenient for the operation of such undertakings; to authorize the authority and other political subdivisions to enter into intergovernmental contracts pertaining to such facilities and areas, which contracts may obligate the authority or such other political subdivisions to make payment for the use or provision of such facilities and areas or for the provisions of services relating thereto, including but not limited to services pertaining to the acquisition, construction, equipping, maintenance, modification, improvement, expansion, or operation of such facilities or areas, for the term of such intergovernmental contract and to pledge to that
3202
JOURNAL OF THE HOUSE
purpose revenues derived from taxation; to authorize the authority to issue revenue bonds and other obligations of the authority to finance costs of such facilities and areas and to refund any such revenue bonds or other obligations, provided that such revenue bonds and other obligations of the authority shall not constitute a debt of Brooks, Colquitt, Grady, Mitchell, or Thomas County or any other political subdivision, within the meaning of Article IX, Section V, Paragraph I of the state Constitution; to authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds or other obligations and to secure the payment thereof; to define the rights of the holders of such bonds or other obligations; to make the revenue bonds and other obligations, the income therefrom, and the property of the authority exempt from taxation and assessment; to provide for the validation of revenue bonds and supporting agreements pursuant to the provisions of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; to grant to the authority sovereign immunity; to fix the venue or jurisdiction of actions to which the authority shall be a party; to provide for construction of this Act; to provide for conveyance of property upon dissolution; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Short title.
This Act shall be known and may be cited as the "Joint Recreation Authority of Brooks, Colquitt, Grady, Mitchell, and Thomas Counties Act."
SECTION 2. Findings.
It is found, determined, and declared that: (1) The availability of sports, cultural, tourism, hospitality, and recreational facilities and areas within Brooks, Colquitt, Grady, Mitchell, and Thomas counties is important to meet the recreational needs and for the general welfare and well-being of the residents of Brooks, Colquitt, Grady, Mitchell, and Thomas counties, of contiguous counties, and of the state and is important for the economic well-being of said counties and of the state in that such facilities and areas create employment, attract tourists, and enhance the attractiveness of said counties to companies seeking sites for new industrial and commercial facilities; (2) Achieving the objectives described in paragraph (1) above constitutes the governmental mission of the authority created hereby, and said objectives can best be achieved by creating a local joint recreation authority, as contemplated by this Act, which is authorized to acquire, own, operate, manage, construct, equip, modify, improve, expand, lease, sell, maintain, and finance such facilities and to promote and assist the acquisition, ownership, operation, management, construction, equipping,
TUESDAY, APRIL 9, 2002
3203
modification, improvement, expansion, maintaining, and financing of such facilities located in any one or more of said counties by any one or more of said counties, by municipalities located in any one or more of said counties, and by private sector entities to raise, administer, and spend funds for that purpose, including revenues derived by the authority under intergovernmental contracts and from grants, and to issue revenue bonds and other obligations to finance the cost of such facilities; and (3) The activities herein authorized to be undertaken and conducted by the authority serve a public purpose and are hereby declared to serve a purpose of each of Brooks, Colquitt, Grady, Mitchell, and Thomas counties, a purpose of the municipalities located in such respective counties, and a purpose of the state.
SECTION 3. Definitions.
As used in this Act, the following terms shall have the following meanings: (1) "Authority" means the Joint Recreation Authority of Brooks, Colquitt, Grady, Mitchell, and Thomas Counties created in Section 4 of this Act. (2) "Board of commissioners" means the board of commissioners of a particular county. (3) "Cost," when used with reference to any project, means and shall embrace and include all costs of acquisition, construction, equipping, modification, improvement, and expansion of such project; all costs of financing or refinancing such project; and, during the period of the acquisition, construction, equipping, modification, improvement, or expansion of such project and for a period ending one year following the completion of the acquisition, construction, equipping, modification, improvement, or expansion of such project shall include interest on revenue bonds or other obligations issued to finance or refinance such project, startup costs, costs of maintaining and operating such project, and administrative and other costs relating to such project or relating to any revenue bonds or other obligations issued to finance or refinance such project, including, but not limited to: (i) costs of acquiring, leasing, constructing, fabricating, and installing real property, fixtures, furnishings, machinery, equipment, and other tangible and intangible personal property and interests, rights, easements, and franchises therein including, but not limited to, the cost of all conveyances and leases thereof to or by the authority and costs of labor, materials, supplies, equipment rental charges, premiums on performance and payment bonds, builders risk and liability insurance, and other costs associated with the construction or fabrication of any project or any part thereof; (ii) costs of plans and specifications, engineering, architectural, and design services, soil testing and stabilization, land surveys, environmental studies, and other preconstruction expenses and expenses necessary or incident to determining the feasibility or practicability of the project; (iii) costs of applying for and obtaining grants relating to any project; (iv) costs relating to the issuance of revenue bonds and other obligations to finance or refinance any such project and relating to any forward purchase contract or any option agreement relating
3204
JOURNAL OF THE HOUSE
to the future issuance by the authority of any revenue bonds or other obligations, including, but not limited to, any "points," commitment fee, or other fee charged by any lender, original issue discount, underwriters discount, the fees and expenses of any securities depository, placement agents, financial advisers, attorneys, trustees, registrars, paying agents, remarketing agents, indexing agents, escrow agents, tender agents, or other agents and consultants for services relating to the financing or refinancing of such project; (v) costs relating to obtaining ratings and complying with applicable securities laws; (vi) costs of any bond insurance policy, letter of credit, surety bond, other financial guaranty, or other credit facility or liquidity facility relating to such revenue bonds or other obligations or the refunding thereof; (vii) costs of any hedge facility, including any currency swap, interest rate swap, interest rate cap, interest rate collar, or other financial product relating to such revenue bonds or other obligations; (viii) costs, in the case of the refinancing and refunding of previously issued revenue bonds or other obligations relating to any project, of any investment securities, guaranteed investment contract, forward purchase contract, and other financial products to be used to retire or defease such previously issued revenue bonds or other obligations; (ix) costs incurred during the period of the acquisition, construction, equipping, modification, improvement, or expansion of such project and for a period ending one year following the completion of the acquisition, construction, equipping, modification, improvement, or expansion of such project, for the payment of interest on the revenue bonds or other obligations issued to finance or refinance such project, startup costs of such project, costs of maintaining and operating such project, and administrative and other costs relating to such project or relating to any revenue bonds or other obligations issued to finance or refinance such project; and (x) any other costs relating to any project that would be classified as a "cost" of a "project" under the Revenue Bond Law. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds or other obligations issued under the provisions of this Act with respect to such project. (4) "Counterparty" means any person that is a party to any contract or agreement with the authority. (5) "Counties" means Brooks, Colquitt, Grady, Mitchell, and Thomas counties. (6) "County" means one of the counties. (7) "Other obligations" means debt obligations of the authority other than revenue bonds. (8) "Project" means and includes sports, cultural, and recreational facilities and areas of all kinds and descriptions, including, but not limited to, playgrounds, parks, amusement parks, hiking, camping, and picnicking areas and facilities, swimming and wading pools, lakes, ponds, marinas, tennis courts, handball courts, squash courts, racket ball courts, frontons, basketball courts, ice rinks, facilities for track and field events, rifle, archery, skeet, and trap ranges and facilities, athletic fields and courts, club houses, gymnasiums, museums, libraries, concert halls, theaters, amphitheaters, auditoriums, arenas, stadiums, grandstands, facilities for fairs, livestock shows, trade
TUESDAY, APRIL 9, 2002
3205
shows, exhibitions, and conventions, youth centers, senior citizen centers, recreation centers and other recreational buildings, golf courses, driving ranges, stables, hunting preserves, lodges and resorts, fishing lodges and resorts, boats, historic sites and attractions, and facilities for the recreation and accommodation of tourists and of visitors to and citizens of said counties, including hotels, motels, convention centers, conference centers, and restaurants and ancillary and related facilities and areas serving the foregoing or to be used in connection therewith, including, but not limited to, offices, parking facilities, food and beverage service facilities, and retail and service facilities associated therewith. (9) "Revenue Bond Law" means Article 3 of Chapter 82 of Title 36 of the O.C.G.A., as the same exists on the date of enactment of this Act and as the same may hereafter be amended. (10) "Revenue bonds" and "bonds" shall means revenue bonds described in Section 8 of this Act.
SECTION 4. Creation of authority, situs, tax exemption, sovereign immunity, venue, and other matters.
(a) Creation. There is created a public body corporate and politic to be known as the "Joint Recreation Authority of Brooks, Colquitt, Grady, Mitchell, and Thomas Counties," which shall be deemed to be a political subdivision of the state, a body corporate and politic, and a public corporation of the state. By that name, style, and title, the authority may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in courts of law and equity, and participate in mediation and arbitration proceedings. The authority shall not be a state institution nor a department or agency of the state but shall be an instrumentality of the state, a mere creation of the state, having a distinct corporate identity, and shall be exempt from the provisions of Article 2 of Chapter 17 of Title 50 of the O.C.G.A., the "Georgia State Financing and Investment Commission Act." The authority shall have perpetual existence. (b) Situs. The authority shall have its principal office in one of the counties, and its legal situs, domicile, and residence for the purposes of this Act shall be the counties. (c) Tax exemption. The exercise of the powers conferred upon the authority in this Act shall constitute an essential governmental function for a public purpose. The properties of the authority and leasehold interests therein, whether such leasehold interest is a usufruct or an estate for years and whether or not the lease giving rise to such leasehold interest could be construed to be an installment sale agreement, both real and personal, and the income of the authority are declared to be public properties and income used for the benefit and welfare of the people of the respective counties and not for the purpose of private or corporate benefit, and the authority, its income, its property, its revenue bonds, and other obligations and all interest and other income derived therefrom shall be exempt from all taxes and special assessments of the state or any city, county, or other political subdivision thereof. The authority and its property shall have all of the exemptions and
3206
JOURNAL OF THE HOUSE
exclusions from taxes as are now granted to cities and counties for the operation of properties or facilities similar to the properties and facilities to be owned or operated, or both, by the authority. For purposes hereof, property shall be deemed to be "owned" by the authority if legal or equitable title is in the authority, even though security title thereto may be held by another person under a deed to secure debt and even though a third party may have the right, under the terms of a lease, option, or installment sale agreement, to acquire full ownership of such property. (d) Sovereign immunity, venue, and other matters. The authority shall have the same immunity and exemption from liability for torts and negligence as the state, and the officers, agents, and employees of the authority, when in performance of work of the authority, shall have the same immunity and exemption from liability for torts and negligence as officers, agents, and employees of the State of Georgia. The authority may be sued the same as private corporations on any contractual obligation of the authority. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against the authority shall be brought in the Superior Court of Colquitt County, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in such court which shall have exclusive, original jurisdiction of such actions. The property of the authority shall not be subject to levy and sale under legal process, provided that the authority may convey by deed to secure debt or deed absolute, mortgage, pledge, hypothecate, and grant a security interest in any of its property, real or personal, as security for its obligations and remedies provided for in any deed to secure debt, mortgage, indenture, pledge agreement, or security agreement executed by the authority shall be enforceable in accordance with the terms thereof. The records of the authority shall be public records which are subject to Article 4 of Chapter 18 of Title 50 of the O.C.G.A. Nothing in this Act shall be construed to abridge or change the powers and duties of other authorities, departments, boards, and like agencies of the respective counties.
SECTION 5. Members, meetings, and related matters.
(a) Members. The persons who from time to time are serving as the members of the Joint Development Authority of Brooks, Colquitt, Grady, Mitchell, and Thomas counties shall be the members of the authority. The members of the authority shall constitute its board of directors. A majority of the members of the authority shall constitute a quorum, but no action may be taken by the authority without the affirmative vote of a majority of the full membership of the authority. (b) Compensation. The members shall receive no compensation for their services as members or directors of the authority but shall be reimbursed for their actual expenses incurred in the performance of their duties. (c) Ethics. The provisions of Code Section 45-10-3 of the O.C.G.A. shall apply to the members of the authority, and a member of the authority shall not engage in any transaction with the authority. The provisions of the immediately preceding sentence and
TUESDAY, APRIL 9, 2002
3207
the provisions of paragraph (9) of Code Section 45-10-3 shall be deemed to have been complied with and the authority may purchase from, sell to, borrow from, loan to, contract with, or otherwise deal with any member or any organization or person with which any member of the authority is in any way interested or involved, provided that (i) any interest or involvement by such members is disclosed in advance to the members of the authority who will be voting on the matter or transaction and such disclosure is recorded in the minutes of the authority, (ii) no member having a substantial interest or involvement may be present at that portion of any meeting of the members during which discussion of such matter or transaction is conducted, and (iii) no member having a substantial interest or involvement may participate in any decision of the members relating to any such matter or transaction. As used in this subsection, a "substantial interest or involvement" shall mean any interest or involvement which reasonably may be expected to result in a direct financial benefit to such member, as determined by the members by vote, which determination shall be final and not subject to review. A member who has any interest or involvement shall be entitled to participate in discussions of whether such interest or involvement is a "substantial interest or involvement" but shall not be entitled to vote on the question. Nothing contained in this subsection or in Code Section 45-10-3 of the O.C.G.A. shall be deemed to prohibit any member from providing legal services to the authority, being paid for such services and related expenses, participating in discussions relating to his or her engagement, scope of services, compensation, or related matters or from voting on such matters. (d) Meetings. An annual meeting of the authority shall be held in January of each year for the election of officers and for the conduct of such other business as the authority shall elect to conduct thereat. Such annual meeting shall be held on such date and at such time and place as shall be established by or pursuant to the rules and regulations of the authority or, if no rules and regulations have been adopted, such annual meeting shall be held on such date and at such time and place as shall be established by the chairperson in the notice calling the meeting. The authority, in its rules and regulations, may schedule additional regular meetings. Special meetings of the authority may be called by the chairperson or vice chairperson of the authority and may be held on not less than 18 hours notice or such lesser notice as may be specified in rules and regulations adopted by the authority. Notice of all meetings shall be given to the members and to the public. Notice to the members may be given orally, by telephone, or in writing. Notice to the public shall be given as mandated by the laws of the state. Meetings of the authority shall be open to the public as mandated by the laws of the state. Written minutes of all meetings shall be kept and the authority shall comply with the states open records laws, found at Code Sections 50-18-70 through 50-18-76 of the O.C.G.A., with respect to its minutes and other records.
SECTION 6. Officers, employees, counsel, and consultants.
3208
JOURNAL OF THE HOUSE
(a) Officers. At the first meeting of the authority in 2002 and at the annual meeting held in each calendar year thereafter, the authority shall elect one of its members as chairperson, another member as vice chairperson, and shall also elect a secretary, who need not be a member of the authority, and treasurer, who need not be a member of the authority, or one individual to serve as both secretary and treasurer, who need not be a member of the authority. If the secretary or treasurer is not a member of the authority, such officer shall be entitled to participate in meetings of the authority but shall not be entitled to vote. Such officers shall serve in such offices until the annual meeting of the authority held in the next succeeding year and until their successors are elected and assume the duties of office. Whether or not the authority has employed an executive director, who shall serve as assistant secretary, as provided below, the authority may elect one or more persons, other than a person serving as chairperson or vice chairperson, to serve as an assistant secretary. The chairperson shall preside at meetings of the authority; in the absence of the chairperson, the vice chairperson shall preside and in the absence of both of them, the members present at the meeting shall elect from their number an acting chairperson for such meeting or for such portion thereof during which the chairperson and vice chairperson shall both be absent. All contracts, leases, indentures, deeds, revenue bonds, or other contractual or financial obligations of the authority shall be executed by the chairperson or, in the absence of the chairperson, shall be executed by the vice chairperson or, in the absence of both of them, by any member of the authority. The secretary shall be the custodian of the records of the authority other than any financial records. Any instrument that is required to be attested shall be attested by the secretary or any assistant secretary or, in the absence of both of them, by any member of the authority or by its executive director, if any, and if the form of such instrument requires a seal, the official seal of the authority may be impressed thereon or a facsimile thereof may be imprinted or printed thereon. The treasurer shall keep or cause to be kept the financial books and records of the authority except for (i) books and records required to be kept by any trustee or escrow agent or custodian of funds under any trust indenture or other instrument relating to the issuance of revenue bonds and other obligations of the authority or pursuant to any agreement to which the authority is a party and (ii) books and records required to be kept by the clerk under any intergovernmental contract relating to funds being administered by the clerk as assistant treasurer of the authority. (b) Employees. The authority is authorized to employ such employees as are necessary or desirable for the operation of the authority. The authority may employ an executive director and may delegate to such executive director duties and powers of the type normally possessed by the president of a Georgia for profit corporation, except for those powers herein reserved to the officers of the authority. Any such executive director shall, ex officio, serve as an assistant secretary of the authority and shall be entitled to attest instruments executed by the chairperson or vice chairperson and to execute certificates on behalf of the authority and shall serve as recording secretary of the authority and, in such capacity, be responsible for the recording of minutes of meetings of the authority. (c) Counsel. The authority is authorized to employ legal counsel of its choice to serve as general counsel to the authority and is authorized to employ other legal counsel in
TUESDAY, APRIL 9, 2002
3209
connection with the issuance of revenue bonds and other obligations and other matters of a type that are not regularly and routinely handled by its general counsel. (d) Consultants. The authority may retain, employ, and engage the services of such independent consultants and accountants as it deems necessary.
SECTION 7. Powers of the authority.
(a) The authority shall have the following powers: (1) To have a seal and alter the same at pleasure; (2) To lend financial support through grants, contributions, or otherwise to other governmental entities in furtherance of the authoritys public purpose, provided that the benefits to be received by the residents of the counties as a result thereof are determined by the authority to be of sufficient value to prevent the same from violating Article III, Section VI, Paragraph VI of the state Constitution; any such determination shall be presumed to be correct and shall not judicially be set aside unless the court finds such determination to be clearly erroneous; (3) To conduct studies of the recreational needs of the counties, to develop plans for meeting those needs, to consult with other public and private sector entities in connection with the meeting of those needs, to conduct activities to encourage governmental and private sector entities to locate projects in the counties, to advertise and promote facilities and areas which are owned by the authority, and to promote the development of the tourism, recreation, and hospitality industries in its area of operations; (4) To lend financial support through grants, contributions, loans, or otherwise to private sector for profit and not for profit entities in furtherance of its corporate purposes, provided that the benefits to be received by the residents of the counties as a result thereof are determined by the authority to be of sufficient value to prevent the same from violating Article III, Section VI, Paragraph VI of the state Constitution; any such determination shall be presumed to be correct and shall not judicially be set aside unless the court finds such determination to be clearly erroneous; (5) To engaging in fundraising activities to raise moneys to be used in furtherance of its corporate purposes; (6) To apply for and accept grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (7) To apply for and accept grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (8) To issue and validate revenue bonds, as provided in Section 8 of this Act, and to enter into contracts and agreements in connection therewith, including but not limited
3210
JOURNAL OF THE HOUSE
to (i) any lease, installment sale agreement, loan agreement, or other agreement between the authority and any user of the project to be financed or refinanced with the proceeds of such revenue bonds, any of which revenues from such project are to be used as a source of payment or as security for such revenue bonds, (ii) intergovernmental contracts between the authority and the state or any agency or instrumentality of the state or between the authority and the United States government or any agency or instrumentality thereof or between the authority and any county, municipality, political subdivision, public body, or public corporation of the state, any of the revenues from which are to be used as a source of payment or as security for such revenue bonds, (iii) agreements under which the authority obtains a credit facility, liquidity facility, or hedge facility including any currency swap agreement, interest rate swap agreement, interest rate cap, or interest rate collar from a counterparty in connection with the issuance of such revenue bonds if any of the amounts to be paid by the counterparty thereunder are to serve as a source of payment or as security for such revenue bonds or otherwise provide security to the holders of such revenue bonds, and (iv) agreements under which the authority sells such revenue bonds for future delivery or sells call options, to be exercisable at a future date, on revenue bonds that have been authorized and may be issued at a future date if such options are exercised by the holders of such options; (9) To borrow money for any of its corporate purposes and to issue, as evidence thereof, other obligations which are not expressly prohibited by the state Constitution, including, but not limited to: (i) bond anticipation notes issued in anticipation of the issuance of validated revenue bonds relating to any project on which notes are to be paid with proceeds of such revenue bonds and the proceeds of which are to be used to pay costs of such project, (ii) grant anticipation notes issued in anticipation of the receipt of proceeds of any grant that has been authorized by the grantor, which notes are to be repaid from the proceeds of such grant and the proceeds of which notes are to be used for the purposes specified in the grant or, if no purpose is specified, the proceeds of such notes may be used for any lawful purpose of the authority, and (iii) intergovernmental contract payment anticipation notes issued in anticipation of the receipt of revenues under an intergovernmental contract, which notes are to be repaid from the revenues received under such intergovernmental contract and the proceeds of which notes are to be used for the purposes specified in the intergovernmental contract or, if no purpose is specified, the proceeds of such notes may be used for any lawful purpose of the authority. Such notes and other obligations may be, but shall not be required to be, validated, unless required to be validated by the state Constitution or general law in effect at the time such other obligations are issued; such other obligations may, to the extent not prohibited by law, be payable from and secured by a pledge of funds to be received by the authority from any source; (10) To sue and be sued in contract and in tort and to complain and defend in all courts; (11) To acquire by purchase, lease, or otherwise, by public bidding or negotiated transaction, on such terms and conditions and in such manner as it may deem proper
TUESDAY, APRIL 9, 2002
3211
personal property of every kind and description and real property and rights or easements therein or franchises necessary or convenient for its corporate purposes, to use the same so long as its corporate existence shall continue, to lease or make contracts with respect to the use of the same, or to dispose of the same in any manner it deems to the best advantage of the authority. If the authority shall deem it expedient to construct any project on any lands or property the title to which shall then be in the state, the Governor is authorized to convey for and in behalf of the state title to such lands to the authority upon payment to the state for the credit of the general fund of the state the reasonable value of such lands or upon the receipt of such lawful consideration as may be determined by the parties to such conveyance. If the authority shall deem it expedient to acquire and construct any project on any lands the title to which shall then be in the name of the board of commissioners of any of the counties or any municipality incorporated in any of said counties, the board of commissioners of such particular county or governing authority or body of said municipality is authorized to convey title to such lands or to lease such lands to the authority upon the receipt of such lawful consideration as may be determined by the parties to such conveyances or leases upon payment of the reasonable value of such lands or leasehold interest, such value to be determined by mutual agreement of the authority and said county or municipality or by an appraiser agreed upon by the board of commissioners of such county or the governing authority or body of said municipality, as applicable; land and other property of the state, of any of the counties, of any municipality within any such county, or of any department, agency, or instrumentality thereof may be contributed by grant to the authority in furtherance of the authoritys public purpose, provided that the benefits to be received by the residents of such county or municipality as a result thereof are determined by the authority to be of sufficient value to prevent the same from violating Article III, Section VI, Paragraph VI of the state Constitution; any such determination shall be presumed to be correct and shall not judicially be set aside unless the court finds such determination to be clearly erroneous; (12) To make contracts and leases and to execute all instruments necessary or convenient including contracts for the acquisition and construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired and including contracts for acquiring, constructing, renting, and leasing of its projects for use by any one or more of the counties or any municipality in any such county or for use by any public or private sector entity and to dispose by conveyance of its title and interest in real and personal property of every kind and character; and any and all persons, firms, and corporations and the state and any and all political subdivisions, departments, institutions, instrumentalities, or agencies of any of the foregoing are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable and to donate and convey to the authority real and personal property, including, but not limited to parks; and, without limiting the generality of the foregoing, the authority and the state and any and all political subdivisions, departments, institutions, or
3212
JOURNAL OF THE HOUSE
agencies of any of the foregoing may lease property to or from the United States government or any agency or department thereof; the authority is specifically authorized to convey title to any and all of its lands and any improvements thereon to any person, firm, corporation, the state, or any political subdivision, department, institution, or agency of any of the foregoing, subject to the rights and interest of the holders of any revenue bonds or other obligations authorized to be issued pursuant to this Act and by the resolution authorizing the issuance of any of such revenue bonds or other obligations as provided in this Act; (13) To construct, erect, acquire, own, operate, manage, repair, remodel, maintain, add to, expand, extend, improve, and equip projects and to enter into management contracts and construction contracts relating thereto by public bidding, by competitive sealed proposals or subject, in the case of construction, to any contrary provision of general law, by negotiated transaction without public bidding or competitive sealed proposals; in connection with any such construction contract, the authority may, but shall not be required to, require the contractor to post a payment and performance bond unless so required by general law; (14) To sell, lease, grant, exchange, or otherwise dispose of, by competitive bidding or by negotiated transaction, any property, both real and personal, or any interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created; (15) To convey, mortgage, pledge, hypothecate, and grant a security interest in any of its revenues, receipts, and property, real or personal, as security for its revenue bonds, other obligations, and contractual obligations; (16) To make recommendations to the counties and municipalities within the respective counties on land acquisition, facilities development, and other matters relating to the provision of sports, cultural, or recreation facilities and areas within the counties; (17) To appoint, select, retain, and employ employees, agents, consultants, and independent contractors and to fix their respective compensation; (18) To exercise the power of eminent domain to acquire property for public use in furtherance of its public purpose in accordance with general law; (19) To establish fees, rates, and charges for the use of its facilities and regulations relating to the use thereof; (20) To provide water service and facilities and waste-water and storm-water disposal and treatment service and facilities to the counties and to any municipality located therein and to obtain water service and facilities and waste-water and storm-water disposal and treatment service and facilities from the counties or any municipality located therein and to enter into contracts in connection therewith with any of the counties or with any municipality located therein as the authority and such county or such municipality may agree, including, without limitation, contracts relating to portions of the authoritys property being used for waste-water or storm-water retention, treatment, or disposal; any such intergovernmental contract shall be deemed
TUESDAY, APRIL 9, 2002
3213
pursuant to, and shall be subject to, Article IX, Section III, Paragraph I(a) of the state Constitution; (21) To provide such assistance or facilities and to enter into such contracts in connection therewith to any such county and any municipality located therein with respect to the provision of health and fitness services to the authority or to the public or to employees of any of the counties or of any such municipality as the authority and any such county or any such municipality may agree; any such intergovernmental contract shall be deemed pursuant to and shall be subject to Article IX, Section III, Paragraph I of the state Constitution; and (22) To do all things necessary or convenient to carry out the powers expressly given in this Act; and to exercise any power usually possessed by private corporations performing similar functions which is not expressly in conflict with the state Constitution and general laws of the state. (b) The powers enumerated in each paragraph of subsection (a) of this section are cumulative of and in addition to those powers enumerated in the other paragraphs of subsection (a) of this section and any other powers elsewhere in this Act or which may reasonably be inferred from the provisions of this Act. This Act shall be liberally construed to effect the purposes hereof, and, in interpreting this Act, the courts are not to apply "Dillons Rule."
SECTION 8. Revenue bonds.
(a) Authorization. The authority or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act shall have power and is authorized at one time or from time to time to provide by resolution for the issuance of revenue bonds for the purpose of paying all or any part of the cost of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the sources provided for in this Act for such payment. The revenue bonds of each issue shall be dated and shall bear interest at such rate or rates as determined by the authority or as provided by the authority, payable on such dates as determined by the authority. Principal on such revenue bonds shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable or subject to purchase before maturity at such price or prices and under such terms and conditions as may be fixed by the authority. Such revenue bonds shall be issued pursuant to and in conformity with the Revenue Bond Law and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law. (b) Sale. The authority may sell such revenue bonds in such manner and for such prices as it may determine to be for the best interest of the authority.
3214
JOURNAL OF THE HOUSE
(c) Use of proceeds. The proceeds derived from the sale of such revenue bonds shall be used solely for the purpose of paying costs of the project, as provided in the proceedings authorizing the issuance of such revenue bonds. (d) Proceedings. Such revenue bonds shall be issued pursuant to a resolution of the authority and may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act and the Revenue Bond Law. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members. (e) Special and limited obligations. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the state or of the county or a pledge of the faith and credit thereof; but such bonds shall be payable solely from the rentals, revenues, earnings, and funds of the authority as provided in the resolution authorizing the issuance of such revenue bonds or in documents approved by such resolution. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state or any political subdivision thereof including specifically said counties to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this subsection. However, any county or any other political subdivision contracting with the authority may obligate itself to pay the amounts required under any contract entered into with the authority from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred under this subsection, and from any other source; and the obligation to make such payments shall constitute a general obligation and a pledge of the full faith and credit of the obligor but shall not constitute a debt of the obligor within the meaning of Article IX, Section V, Paragraph I of the state Constitution. When such obligation is made to make such payments from taxes to be levied for that purpose, then the obligation shall be mandatory to levy and collect such taxes from year to year in an amount sufficient to fulfill and fully comply with the terms of such obligation. (f) Pledge of projects and revenues. Any one or more projects and the revenues, rents, and earnings derived from any particular project or projects and any and all revenues, rents, and earnings received by the authority, regardless of whether such revenues, rents, and earnings were produced by a particular project for which revenue bonds or other obligations have been issued, unless otherwise pledged, may be pledged by the authority to the payment of the principal of and interest on the revenue bonds and other obligations of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any document approved by such resolution. Such funds so pledged from whatever source received, which may include funds received from one or more or all sources, may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or document approved by such resolution and which may be pledged to and charged with the payment of: (i) the interest upon such revenue bonds
TUESDAY, APRIL 9, 2002
3215
as such interest shall become due, (ii) the principal of the bonds as the same shall mature, (iii) the necessary charges of any trustee, paying agent, registrar, tender agent, indexing agent, remarketing agent, or other agent involved in the administration of such revenue bonds, (iv) the redemption price, including any premium, of any of such revenue bonds that is payable upon the redemption thereof prior to maturity, (v) the purchase price of any revenue bonds that are required to be purchased pursuant to the terms of such resolution or any document approved thereby, and (vi) any amounts payable by the authority or in behalf of the authority to any counterparty to any agreement under which a credit facility, liquidity facility, or hedge facility has been issued by such counterparty in connection with the issuance of such revenue bonds. The use and disposition of any sinking fund or other pledged fund securing any revenue bonds shall be as provided for in the resolution authorizing the issuance of the bonds or in any document approved thereby. (g) Validation. Revenue bonds issued by the authority shall be confirmed and validated in accordance with the procedures provided for in the Revenue Bond Law. At the request of the authority in the notice filed with the district attorney for the Southern Circuit relating to validation, such district attorney shall file a petition for validation of such revenue bonds in the Superior Court of Colquitt County and may include in the petition a request for the validation of the authoritys obligations to any counterparty under (i) any lease, installment sale agreement, loan agreement, or intergovernmental contract or other agreement, the payments by the counterparty which are to serve as a source of payment or as security for any of such revenue bonds, (ii) any agreement relating to any credit facility, liquidity facility, or hedge facility the payments by the counterparty under which are to serve as a source of payments to the holders of any of such revenue bonds, and (iii) any agreement providing for the future issuance and delivery of any such revenue bonds, including any forward sale contract or option agreement, and, if so requested by the authority and if the counterparty is subject to suit or consents to the jurisdiction of the court, the petition shall also make the counterparty a party defendant to such validation action and shall request that the counterparty show cause, if any, why such contract or agreement and the counterpartys obligations thereunder should not be inquired into by the court and the validity of the terms thereof be determined and the validity of the counterpartys obligations thereunder be adjudicated to be valid. If the petition requests that the validity of the obligations of the authority and the counterparty be determined and if the counterparty is subject to suit or consents to the jurisdiction of the court, the court may validate the obligations of both the authority and the counterparty under such contract or agreement, but if the counterparty is not subject to suit and does not consent to jurisdiction, the court may nonetheless determine the validity of the authoritys obligations under such contract or agreement and for such purpose may assume that the agreement or contract is the duly authorized, legal, and binding obligation of the counterparty, and if the authoritys obligations are validated on the basis of such assumption, the authority shall be barred from raising any defense in any action by the counterparty to enforce the authoritys obligations under such contract or agreement other than the defense of lack of mutuality on the grounds that the contract or agreement is not
3216
JOURNAL OF THE HOUSE
legal, valid, and binding on the counterparty. The revenue bonds when validated and the judgment of validation shall be final and conclusive with respect to such revenue bonds and the security for the payment thereof and interest thereon and against the authority issuing the same, and if any such counterparty is a party to the validation proceedings, the judgment of validation shall be final and conclusive with respect to such counterparty.
SECTION 9. Budget and finance.
The authority shall prepare an annual budget and file a copy thereof and any amendments thereto with the clerk of the board of county commissioners of each of the counties.
SECTION 10. Rules and regulations; bylaws.
The authority may by affirmative vote of a majority of all members adopt rules and regulations or bylaws to govern the authority, its employees, and operations and may by affirmative vote of all members repeal, replace, or amend such rules and regulations or bylaws.
SECTION 11. Liability limited.
Neither the members of the authority nor any person executing bonds, notes, leases, or other agreements or obligations on behalf of the authority shall be personally liable thereon by reason of such execution.
SECTION 12. Oversight.
The boards of commissioners of the counties are authorized by and through a committee of their own number or by any one or more persons they may select to inspect at their pleasure the state and condition of the authority, its properties, and all books and records pertaining to the authority and its affairs, and the authority shall give and furnish assistance in making such inspections.
SECTION 13. Dissolution.
The authority may be dissolved by the General Assembly, provided that all financial obligations of the authority have been paid or assumed by the counties and all other contractual obligations of the authority have been performed or assumed by the counties. Upon such dissolution all property of the authority that is located in a county shall be
TUESDAY, APRIL 9, 2002
3217
conveyed to that county, subject to any rights of third parties therein at the time of such conveyance. Should the authority for any reason be dissolved after full payment of all indebtedness incurred under the provisions of this Act, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the authority at the time of such dissolution shall be conveyed to the particular county in which it is located; or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust instrument relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such conveyance.
SECTION 14. No impairment.
While any of the revenue bonds or other obligations issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds or other obligations and the issuance of bonds or other obligations under the provisions of this Act shall constitute a contract with the holders of such bonds or other obligations.
SECTION 15. Trust funds.
All funds received pursuant to the authority of this Act whether as proceeds from sale of revenue bonds or other obligations or as revenues, rents, fees, charges, or other earnings or as grants, gifts, or other contributions shall be deemed to be trust funds to be held and applied by the authority solely as provided in this Act, and the bondholders or holders of other obligations that are entitled to receive the benefits of such funds shall have a lien on all such funds until the same are applied as provided for in any such resolution or trust instrument of the authority.
SECTION 16. Construction.
This Act and any other law enacted with reference to the authority shall be liberally construed for the accomplishment of its purposes.
SECTION 17. Scope of operation.
3218
JOURNAL OF THE HOUSE
The scope of the authoritys operation shall be limited to the territory embraced within the counties.
SECTION 18. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 19. Conflicts.
All laws and parts of laws in conflict 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 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 567. By Senator Gillis of the 20th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Soperton, approved March 14, 1984 (Ga. L. 1984, p. 4212), as amended, so as to change the description of the council 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
TUESDAY, APRIL 9, 2002
3219
Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 570. By Senator Bowen of the 13th:
A BILL to be entitled an Act to provide a new charter for the City of Lilly; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for the submission of this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1975; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
By unanimous consent, the following roll call vote was made applicable to the previously read Bills.
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
Barnard Barnes Y Bell Y Benfield Y Birdsong Y Black Boggs Bordeaux Borders
Y Cox E Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G
Dix Dodson Y Drenner Dukes Y Ehrhart Epps
Y Hudgens Y Hudson, N
Hudson, S Y Hugley
Irvin E Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan E Joyce
Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Porter
Powell Y Purcell
Ragas
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 Y Stallings Stanley Stanley-Turner
3220
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
Connell Y Cooper
JOURNAL OF THE HOUSE
Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse
Graves Y Greene Y Hammontree Y Hanner
Harbin Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard
Y Kaye Keen Knox Lane
Y Lanier Y Lewis
Lord Lucas Y Lunsford Y Maddox Mangham Y Manning Y Massey McBee McCall Y McClinton McKinney Y Millar Y Mills Mobley Y Morris Y Mosley
Y Randall 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 E Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
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
Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J
Williams, R Y Wix Y Yates
Murphy, Speaker
On the passage of the Bills, the ayes were 126, nays 0. The Bills, having received the requisite constitutional majority, were passed.
Representative Smith of the 91st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
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 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
TUESDAY, APRIL 9, 2002
3221
state court judges; to provide for the repayment of any employee contributions withdrawn, together with interest thereon; and for other purposes.
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.
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.
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.
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.
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
3222
JOURNAL OF THE HOUSE
to licensing, licenses, and requirements for licenses; to change the provisions relating to qualifications for applicants; and for other purposes.
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.
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.
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.
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.
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:
TUESDAY, APRIL 9, 2002
3223
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.
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.
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.
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.
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
3224
JOURNAL OF THE HOUSE
for certain intergovernmental contracts between the authority and Dawson County; and for other purposes.
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.
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.
HB 1701. By Representative Coleman of the 142nd:
A BILL to provide a new charter for the City of Eastman; and for other purposes.
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.
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.
HB 1761. By Representative McCall of the 90th:
A BILL to amend an Act creating the Board of Commissioners of Lincoln
TUESDAY, APRIL 9, 2002
3225
County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.
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.
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.
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.
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.
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.
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.
3226
JOURNAL OF THE HOUSE
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.
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.
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.
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.
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.
HB 1779. By Representative Stokes of the 92nd:
A BILL to provide a new charter for the City of Porterdale; and for other purposes.
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.
TUESDAY, APRIL 9, 2002
3227
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.
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.
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.
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.
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.
HB 1794. By Representatives Scheid of the 17th, Grasse of the 16th and Pinholster of the 15th:
3228
JOURNAL OF THE HOUSE
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.
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.
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.
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.
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.
The Senate has passed as amended by the requisite constitutional majority the following bills of the House:
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.
TUESDAY, APRIL 9, 2002
3229
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.
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.
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.
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.
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
3230
JOURNAL OF THE HOUSE
certain conditions administer and provide services through contracts with charitable, religious, or private organizations; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 585. By Representatives Parham of the 122nd, Graves of the 125th, West of the 101st, Coleman of the 142nd, Childers of the 13th and others:
A BILL to amend Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, so as to provide for the licensing and inspection of pharmacy benefit managers; and for other purposes.
HB 696. By Representatives Birdsong of the 123rd and Jenkins of the 110th:
A BILL to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exceptions from the requirements of disclosure of public records, so as to provide an exception with respect to public records of an emergency "911" system containing information which would reveal the name, address, or telephone number of a person placing a call to a public safety answering point, which information may be redacted from such records; and for other purposes.
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.
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.
TUESDAY, APRIL 9, 2002
3231
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.
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.
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.
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.
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
3232
JOURNAL OF THE HOUSE
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.
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 Senate has disagreed to the House substitute to the following bill of the Senate:
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.
The Senate has discharged the Committee of Conference and has appointed a second Committee of Conference 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
TUESDAY, APRIL 9, 2002
3233
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 Second Committee of Conference on the part of the Senate the following Senators: Meyer von Bremen of the 12th, Smith of the 25th, and Marable of the 52nd.
Representative Hembree of the 98th arose to a point of personal privilege and addressed the House.
Representative Kaye of the 37th arose to a point of personal privilege and addressed the House.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 1611. By Representatives Smith of the 169th, Mosley of the 171st and Boggs of the 168th:
A RESOLUTION recognizing the Blackshear High School FFA String Band and honoring S.V. Lee, Gene Davis, and Tony Cason and inviting them to appear before the House of Representatives; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:
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.
3234
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
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 Y Coan E Coleman, B
Coleman, T Y Collins Y Connell
Cooper
Y Cox E Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G
Dix 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 Hammontree Y Hanner Harbin Y Harrell Y Heard Y Heckstall Y Hembree Henson Y Hines Y Holland Y Holmes Y Houston Y Howard
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin E Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen
Knox Lane Y Lanier Y Lewis Lord Lucas Y Lunsford Y Maddox Mangham Y Manning Y Massey Y McBee McCall Y McClinton Y 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
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 E 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 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 E Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L
Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix
Yates Murphy, Speaker
On the passage of the Bill, the ayes were 141, nays 0. The Bill, having received the requisite constitutional majority, was passed.
TUESDAY, APRIL 9, 2002
3235
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.
The following amendment was read and adopted:
Representative Snelling of the 99th moves to amend HR 1414 as follows: Line 10, page 1, delete word "seven", insert in its place "bi-partisan eight".
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:
Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard
Barnes Y Bell N 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 Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers
Y Cox E Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G
Dix Dodson N Drenner 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 Harbin Y Harrell Y Heard Y Heckstall Y Hembree
Y Hudgens Y Hudson, N Y Hudson, S
Hugley Y Irvin E Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye
Keen Knox Lane Y Lanier Y Lewis Lord Y Lucas Y Lunsford Y Maddox Mangham Y Manning Y Massey Y McBee Y McCall N McClinton
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
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 E Scott Y Seay
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
Teague N 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
3236
Y Coan E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
JOURNAL OF THE HOUSE
N Henson Y Hines Y Holland Y Holmes Y Houston Y Howard
N McKinney N Millar Y Mills
Mobley Morris Y Mosley
Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
Y Willard Y Williams, J Y Williams, R
Wix Yates Murphy, Speaker
On the adoption of the Resolution, as amended, the ayes were 140, nays 9.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
Representatives Keen of the 174th and Lane of the 146th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
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.
The report of the Committee, which was favorable to the 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 Cox E 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
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 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
TUESDAY, APRIL 9, 2002
Dean Deloach, B Y Deloach, G Dix 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 Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Holland Holmes Y Houston Y Howard
E Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye
Keen 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 Mobley Y Morris Y Mosley
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 Y Sailor Y Sanders Y Scheid E Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
3237
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
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 Yates Murphy, Speaker
On the passage of the Bill, the ayes were 149, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representative Keen of the 174th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:
HB 585. By Representatives Parham of the 122nd, Graves of the 125th, West of the 101st, Coleman of the 142nd, Childers of the 13th and others:
3238
JOURNAL OF THE HOUSE
A BILL to amend Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, so as to provide for the licensing and inspection of pharmacy benefit managers; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for the regulation of the activities and use of pharmacy technicians; to provide for the licensing and inspection of pharmacy benefit managers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by striking subsection (d) of Code Section 26-4-82, relating to duties requiring professional judgment, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The board of pharmacy shall promulgate rules and regulations regarding the activities and utilization of pharmacy technicians in pharmacies; provided, however, that the pharmacist to pharmacy technician ratio shall not exceed one pharmacist providing direct supervision of two three pharmacy technicians. The board may consider and approve an application to increase the ratio in a pharmacy located in a licensed hospital. Such application must be made in writing and must be submitted to the board by the pharmacist in charge of a specific hospital pharmacy in this state. One of the three technicians must have successfully passed a certification program approved by the board of pharmacy. No technician shall work in this state without registering with the board within a period of time as prescribed by the board and meeting all qualifications as set forth by the board. This subsection shall become effective only upon the expressed and specific appropriation of funds by the General Assembly to carry out the purpose of this Act."
SECTION 2. Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, is amended by adding following Code Section 26-4-110 a new Code section to read as follows:
"26-4-110.1. (a) As used in this Code section, the term:
TUESDAY, APRIL 9, 2002
3239
(1) 'Enrollee' means a person eligible to receive health care benefits under a health benefit plan. (2) 'Health benefit plan' means any hospital or medical insurance policy or certificate, health care plan contract or certificate, qualified higher deductible health plan, health maintenance organization subscriber contract, or any managed care plan. (3) 'Insurer' means a corporation or other entity which is licensed or otherwise authorized to offer a health benefit plan in this state. (4) 'Pharmacy benefits manager' means any person, corporation, or other entity that administers the prescription drug, prescription device, or both prescription drug and device portion of a health benefit plan on behalf of an insurer. (b) Every pharmacy benefit manager which performs any act in this state which constitutes the practice of pharmacy as defined in Code Section 26-4-4 shall be licensed to practice as a pharmacy in this state and shall comply with those provisions of 26-4110, except subsections (h), (i), and (j) thereof. As a condition for licensing, every pharmacy benefit manager shall permit the board or agents or employees thereof to inspect the premises of such pharmacy benefit manager whether those premises are located within or outside this state."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Parham of the 122nd moved that the House disagree to the Senate substitute to HB 585.
The motion prevailed.
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 Senate substitute was read:
3240
JOURNAL OF THE HOUSE
A BILL
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to 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; 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
TUESDAY, APRIL 9, 2002
3241
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 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.
3242
JOURNAL OF THE HOUSE
(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. (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
TUESDAY, APRIL 9, 2002
3243
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 (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
3244
JOURNAL OF THE HOUSE
less than the amount of the claim), subject only to the receipt of an allocation pursuant to Code Section 48-18-4.
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,
TUESDAY, APRIL 9, 2002
3245
all such applications shall be reviewed and approved simultaneously, except in the case of incomplete applications or applications for which additional information is requested 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
3246
JOURNAL OF THE HOUSE
for any insurance contract written in this state because of a reduction in the certified 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
TUESDAY, APRIL 9, 2002
3247
portion of the tax credits allocated to such certified investor in the certified capital 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
3248
JOURNAL OF THE HOUSE
investment which it proposes to make should be considered a qualified investment. 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;
TUESDAY, APRIL 9, 2002
3249
(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 40 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.
3250
JOURNAL OF THE HOUSE
(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;
TUESDAY, APRIL 9, 2002
3251
(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.
Representative Smith of the 175th moved that the House disagree to the Senate substitute to HB 1441.
The motion prevailed.
3252
JOURNAL OF THE HOUSE
HB 696. By Representatives Birdsong of the 123rd and Jenkins of the 110th:
A BILL to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exceptions from the requirements of disclosure of public records, so as to provide an exception with respect to public records of an emergency "911" system containing information which would reveal the name, address, or telephone number of a person placing a call to a public safety answering point, which information may be redacted from such records; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Code Section 31-5A-4 of the Official Code of Georgia Annotated, relating to departments powers, duties, functions, and responsibilities, divisions, directors, Office of Womens Health, and contracts for health benefits, so as to require meetings and records of a drug utilization board to be open to the public; to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to change certain provisions relating to inspection of public records, printing of computerized indexes of county real estate records, time for determination of whether requested records are subject to access, and electronic access to records; to provide that certain requests may be required to be in writing; to change certain provisions relating to exceptions from the requirements of disclosure of public records; to provide an exception to public disclosure requirements with respect to public records of an emergency "911" system containing information which would reveal the name, address, or telephone number of a person placing a call to a public safety answering point, which information may be redacted from such records in certain cases; 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 31-5A-4 of the Official Code of Georgia Annotated, relating to departments powers, duties, functions, responsibilities, divisions, directors, Office of Womens Health, and contracts for health benefits, is amended in subsection (f) by striking the word "and" at the end of paragraph (6), by striking the period at the end of paragraph (7) and inserting in lieu thereof the symbol and word "; and", and by adding a new paragraph (8) to read as follows:
"(8) Meetings of a drug utilization review board, or its equivalent, created to provide guidance and recommendations to the department in formulating policies regarding
TUESDAY, APRIL 9, 2002
3253
the utilization, categorization, and reimbursement of prescription drugs shall comply with the requirements of Code Section 50-14-1. Documents relating to decisions reached by a drug utilization board, or its equivalent, regarding access to prescription drugs and their designation as generic, preferred, and nonpreferred medications on the preferred drug list shall be available under the public records provisions of Code Section 50-18-70. A drug utilization board, or its equivalent, shall afford the opportunity for members of the public attending meetings of the board to make public comment during meetings."
SECTION 2. Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, is amended by striking subsection (f) of Code Section 5018-70, relating to inspection of public records, printing of computerized indexes of county real estate records, time for determination of whether requested records are subject to access, and electronic access to records, and inserting in its place the following:
"(f)(1) The individual in control of such public record or records shall have a reasonable amount of time to determine whether or not the record or records requested are subject to access under this article and to permit inspection and copying. In no event shall this time exceed three business days. Where responsive records exist but are not available within three business days of the request, a written description of such records, together with a timetable for their inspection and copying, shall be provided within that period; provided, however, that records not subject to inspection under this article need not be made available for inspection and copying or described other than as required by subsection (h) of Code Section 50-18-72, and no records need be made available for inspection or copying if the public officer or agency in control of such records shall have obtained, within that period of three business days, an order based on an exception in this article of a superior court of this state staying or refusing the requested access to such records.
(2) An agency may require that requests for records authorized by this article be submitted in writing; except that written requests shall not be required for the agenda, summary of matters acted on, and minutes of an agencys most recent meeting created pursuant to subsection (e) of Code Section 50-14-1, and any other records an agency determines to be routinely available. Where requests are required to be in writing, the writing may be delivered to an agency by mail, facsimile, Internet, or courier or other delivery in person."
SECTION 3. Said article is further amended in subsection (a) of Code Section 50-18-72, relating to exceptions from the requirements of disclosure of public records, by striking "or" at the end of paragraph (13.1), striking the period at the end of paragraph (14) and inserting ";" in lieu thereof, and adding new paragraphs to read as follows:
"(15) Unless the request is made by the accused in a criminal case or by his or her attorney, public records of an emergency '911' system, as defined in paragraph (3) of
3254
JOURNAL OF THE HOUSE
Code Section 46-5-122, containing information which would reveal the name, address, or telephone number of a person placing a call to a public safety answering point, which information may be redacted from such records if necessary to prevent the disclosure of the identity of a confidential source, to prevent disclosure of material which would endanger the life or physical safety of any person or persons, or to prevent the disclosure of the existence of a confidential surveillance or investigation; or (16) Records of pending proceedings under Article 2 of Chapter 13 of this title."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Representative Birdsong of the 123rd moved that the House disagree to the Senate substitute to HB 696.
The motion prevailed.
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 Senate amendment was read:
Amend HB 917 by changing the period at the end of line 17 on page 2 to a comma and adding: "or a licensed psychologist."
Representative Willard of the 44th moved that the House disagree to the Senate amendment to HB 917.
The motion prevailed.
TUESDAY, APRIL 9, 2002
3255
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.
The following Senate substitute was read:
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 change a certain definition; to change certain provisions relative to pay for public officers while on military duty; to authorize a salary differential for citizen soldiers who are public officers or employees; 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 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, is amended by striking in its entirety paragraph (1) of subsection (a) and inserting in lieu thereof the following:
"(1) 'Ordered military duty' means: (A) Any any military duty performed in the service of the state or of the United States including but not limited to attendance at any service school or schools conducted by the armed forces of the United States by a public officer or employee as a voluntary member of any force of the organized militia the National Guard or of any reserve force or reserve component of the armed forces of the United States pursuant to orders issued by competent state and federal authority without the consent of such public officer or employee.
(B)(i) Except as provided in division (ii) of this subparagraph, such duty, performed for a period or periods not exceeding a total of 30 days in any one federal fiscal year, shall be deemed ordered military duty regardless of whether the orders are or may be issued with the consent of the public officer or employee. (ii) If such duty exceeds a total of 30 days in the calendar year 1997 but does not exceed a total of 30 days in the federal fiscal year beginning on October 1, 1997,
3256
JOURNAL OF THE HOUSE
and ending on September 30, 1998, it shall be deemed ordered military duty regardless of whether the orders are or may be issued with the consent of the public officer or employee.
SECTION 2. Said Code section is further amended by striking in its entirety subsection (e) and inserting in lieu thereof the following:
"(e) (1) Except as provided in paragraph (2) of this subsection, every Every public officer or employee shall be paid his or her salary or other compensation as such public officer or employee for any and all periods of absence while engaged in the performance of ordered military duty and while going to and returning from such duty, not exceeding a total of 18 days in any one federal fiscal year and not exceeding 18 days in any one continuous period of absence. In the event the Governor declares an emergency and orders any public officer or employee to state active ordered military duty as a member of the National Guard, any such officer or employee, while performing such duty, shall be paid his or her salary or other compensation as a public officer or employee for a period not exceeding 30 days in any one federal fiscal year and not exceeding 30 days in any one continuous period of such state active duty service.
(2) If such periods of absence exceed a total of 18 days or, in the event the Governor declares an emergency, 30 days for the calendar year 1997 but does not exceed such limits for the federal fiscal year beginning October 1, 1997, and ending September 30, 1998, every public officer or employee shall be paid his or her salary or other compensation as such public officer or employee as if the absence was 18 or 30 days or less, as the case may be, as specified in paragraph (1) of this subsection. (e.1)(1) On and after July 1, 2002, every public officer or employee may be paid by the government employer the difference between his or her government salary and his or her military salary for any or all periods of absence while engaged in the performance of ordered military duty and while going to and returning from such duty, after expiration of the payment period provided for in subsection (e) of this Code section. (2) To the extent that funds are appropriated or otherwise made available to the Department of Community Affairs for such purpose, the department may provide grants to counties, municipal corporations, and other political subdivisions to reimburse them for their costs incurred under paragraph (1) of this subsection. The department shall provide by rule for the administration of such grant program; and such rules shall provide for pro rata distribution in the event that the funds available are insufficient to reimburse all such costs."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
TUESDAY, APRIL 9, 2002
3257
Representative Birdsong of the 123rd moved that the House disagree to the Senate substitute to HB 1405.
The motion prevailed.
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 following Senate substitute was read:
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; to provide for the ballot question; to provide for the validity of certain resolutions or ordinances enacted pursuant to authorizations granted by other subsections of such Code section; to provide for hours of sale in certain facilities; to provide that the provisions of this Act are cumulative; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended by inserting a new subsection to be designated subsection (p) to read as follows:
"(p)(1) Notwithstanding any other provisions of law, in all counties or municipalities in which the sale of alcoholic beverages is lawful for consumption on the premises, the governing authority of the county or municipality may, by resolution or ordinance conditioned on approval in a referendum, authorize the sale of malt beverages and
3258
JOURNAL OF THE HOUSE
wine for consumption on the premises on Sundays from 12:30 P.M. until 12:00 Midnight in any licensed establishment which derives at least 50 percent of its total annual gross sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishment where food is served and in any licensed establishment which derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging. (2) Any governing authority desiring to permit and regulate Sunday sales pursuant to this subsection, but only after a referendum election, shall so provide by proper resolution or ordinance conditioned on a referendum. Not less than ten nor more than 60 days after the date of approval of such resolution or ordinance, it shall be the duty of the election superintendent of the county or municipality to issue the call for an election for the purpose of submitting the question of Sunday sales to the electors of the county or municipality for approval or rejection. The superintendent shall set the date of the election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published in the official organ of the county once a week for two weeks immediately preceding the date thereof. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the governing authority of (name of municipality or county) be authorized to permit and regulate Sunday sales of malt beverages and wine for beverage purposes by the drink?"
All persons desiring to vote for approval of Sunday sales shall vote "Yes," and those persons desiring to vote for rejection of Sunday sales shall vote "No." If more than one-half of the votes cast on the question are for approval of Sunday sales, the governing authority may by appropriate resolution or ordinance permit and regulate Sunday sales by licensees. Otherwise, such Sunday sales shall not be permitted. The expense of the election shall be borne by the county or municipality in which the election is held. It shall be the duty of the superintendent to hold and conduct the election. It shall be his or her further duty to certify the result thereof to the Secretary of State. (3) Notwithstanding this subsection or any other provision of law, all county or municipal resolutions or ordinances enacted prior to the effective date of this Code section pursuant to the authorizations granted by subsections (a) through (i) of this Code section are declared to be valid and shall remain in full force and effect unless affirmatively repealed by the governing authority of the county or municipality. (4) In any municipality in which the sale of alcohol on Sunday is legal, such sale may begin at 9:00 A.M. in contiguous properties upon which is located a festival marketplace and entertainment project which is financed in whole or in part by public funds and which contains a minimum of 200,000 square feet of gross leasable space for retail sales and entertainment purposes and which is located in the central business
TUESDAY, APRIL 9, 2002
3259
district of any such municipality if more than 50 percent of such contiguous properties are owned or controlled by a governmental entity. (5) The provisions of this subsection are in addition to or cumulative of and not in lieu of any other provisions of this title granting certain authority to a county or municipality relative to the sale of alcoholic beverages for consumption on the premises."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Amerson of the 7th moved that the House disagree to the Senate substitute to HB 1433.
The motion prevailed.
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 Senate amendment was read:
Amend HB 1407 by striking line 18-20 of page 2 & insert the following:
"(1) State and local government funds may be expended for administrative purposes incidental to the administration of such programs but neither state funds nor local government funds shall be distributed to any church, sect, cult, religious denomination, or sectarian institution, except as otherwise authorized by law or the Constitution of the State of Georgia."
Representative Smith of the 175th moved that the House agree to the Senate amendment to HB 1407.
On the motion, the roll call was ordered and the vote was as follows:
3260
JOURNAL OF THE HOUSE
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 E Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Childers Y Coan E Coleman, B Y Coleman, T N Collins Y Connell Y Cooper
Y Cox E Crawford Y Cummings
Davis 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 N Franklin Y Gardner Golick Y Grasse Y Graves Y Greene Y Hammontree Hanner E Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Holland Y Holmes Houston Y Howard
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin E Jackson, B Y Jackson, L
James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen
Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox E Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney
Millar Y Mills Y Mobley
Morris Y Mosley
On the motion, the ayes were 138, nays 3. The motion prevailed.
Y Mueller Y Muntean
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
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 E Scott Y Seay
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
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
Tillman Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Willard Y Williams, J Y Williams, R Wix Y Yates Murphy, Speaker
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 1562. By Representatives Johnson of the 35th, Wix of the 33rd, Powell of the 23rd, Morris of the 155th and Hanner of the 159th:
TUESDAY, APRIL 9, 2002
3261
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 following Senate substitute was read:
A BILL
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 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; to change certain provisions relating to lien foreclosure; to change certain provisions relating to duty of person removing or storing motor vehicle; 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 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, is amended in Code Section 40-11-1, relating to definitions, by striking subparagraphs (B), (C), (D), and (E) of paragraph (1) and paragraph (3) and inserting in lieu thereof the following:
"(B) Which is left unattended on a public street, road, or highway or other public property for a period of at least five three days and when it reasonably appears to a law enforcement officer that the individual who left such motor vehicle unattended does not intend to return and remove such motor vehicle. However, on the state highway system, any law enforcement officer or employee of the Department of Motor Vehicle Safety to whom enforcement authority has been designated pursuant to Code Section 32-6-69 40-16-4 may authorize the immediate removal of vehicles posing a threat to public health or safety or to mitigate congestion; (C) Which has been lawfully towed onto the property of another at the request of a law enforcement officer and left there for a period of not less than 30 days without anyones anyone having made claim thereto paid all reasonable current charges for such towing and storage; (D) Which has been lawfully towed onto the property of another at the request of a property owner on whose property the vehicle was abandoned and left there for a
3262
JOURNAL OF THE HOUSE
period of not less than 30 days without the owners anyone having made claim thereto paid all reasonable current charges for such towing and storage; or (E) Which has been left unattended on private property for a period of not less than 30 days without anyones having made claim thereto." "(3) 'Owner' or 'owners' means the registered owner, the owner as recorded on the title, lessor, lessee, security interest holders, and all lienholders as shown on the records of the Department of Motor Vehicle Safety."
SECTION 2. Said article is further amended by striking Code Section 40-11-2, relating to duty of person removing or storing motor vehicle, and inserting in lieu thereof the following:
"40-11-2. (a) Any person who removes a motor vehicle from public property at the request of a law enforcement officer or stores such vehicle shall, if the owner of the vehicle or some person acting for the owner is not present, seek the identity of and address of the last all known registered owner of such vehicle, the owner of the vehicle as recorded on the title of such vehicle, and any security interest holder or lienholder owners of such vehicle from the law enforcement officer requesting removal of such, or from such officers agency, or from a local law enforcement agency for the jurisdiction in which the removers or storers place of business is located, within 72 hours three business days of removal. The local law enforcement agency shall furnish such information to the person removing such vehicle within 72 hours three business days after receipt of such request. (b) Any person who removes a motor vehicle from private property at the request of the property owner or stores such vehicle shall, if the owner of the vehicle or some person acting for the owner is not present, notify in writing a local law enforcement agency of the location of the vehicle, the manufacturers vehicle identification number, license number, model, year, and make of the vehicle within 72 hours three business days of the removal of such vehicle and shall seek from the local law enforcement agency the identity and address of the last all known registered owner owners of such vehicle, the owner of the vehicle as recorded on the title, and any security interest holder or lienholder and any information indicating that such vehicle is a stolen motor vehicle. The local law enforcement agency shall furnish such information to the person removing such vehicle within 72 hours three business days after receipt of such request. (c) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined to be a stolen motor vehicle, the local law enforcement officer or agency shall notify the Georgia Crime Information Center of the location of such motor vehicle within 72 hours after receiving notice that such motor vehicle is a stolen vehicle. (d) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined not to be a stolen vehicle or is not a vehicle being repaired by a repair facility or is not being stored by an insurance company providing insurance to cover damages to the vehicle, the person removing or storing such motor
TUESDAY, APRIL 9, 2002
3263
vehicle shall, within seven calendar days of the day such motor vehicle was removed or one business day after the information is furnished to the remover or storer pursuant to subsection (a) or (b) of this Code section, whichever is later, notify the owner and any security interest holder or lienholder all owners, if known, by written acknowledgment signed thereby or by certified or registered mail or statutory overnight delivery, of the location of such motor vehicle, the fees connected with removal and storage of such motor vehicle, and the fact that such motor vehicle will be deemed abandoned under this chapter unless the owner, security interest holder, or lienholder redeems such motor vehicle within 30 days of the day such vehicle was removed. (e) If the owner, security interest holder, or lienholder fails to none of the owners redeem such motor vehicle as described in subsection (d) of this Code section, or if a vehicle being repaired by a repair facility or being stored by an insurance company providing insurance to cover damages to the vehicle becomes abandoned, the person removing or storing such motor vehicle shall, within seven calendar days of the day such vehicle became an abandoned motor vehicle, give notice in writing, by sworn statement, on the form prescribed by the commissioner, to the Department of Motor Vehicle Safety with a research fee of $2.00 payable to the Department of Motor Vehicle Safety, stating the manufacturers vehicle identification number, the license number, the fact that such vehicle is an abandoned motor vehicle, the model, year, and make of the vehicle, the date the vehicle became an abandoned motor vehicle, the date the vehicle was removed, and the present location of such vehicle and requesting the name and address of all owners, lessors, lessees, security interest holders, and lienholders of such vehicle. If the form submitted to the Department of Motor Vehicle Safety is rejected because of inaccurate or missing information, the person removing or storing the vehicle shall resubmit, within seven calendar days of the date of the rejection, a corrected notice form to the Department of Motor Vehicle Safety together with an additional research fee of $2.00 payable to the Department of Motor Vehicle Safety. Each subsequent corrected notice, if required, shall be submitted with an additional research fee of $2.00 payable to the Department of Motor Vehicle Safety. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, such person shall check the motor vehicle records of that other state in the attempt to ascertain the identity of the owner of the vehicle. Research requests may be submitted and research fees made payable to the office of the tax commissioner and deposited in the general fund for the county in which the removers or storers place of business is located in lieu of the Department of Motor Vehicle Safety, but in like manner, if such office processes motor vehicle records of the Department of Motor Vehicle Safety. (f) Upon ascertaining the owner owners of such motor vehicle, the person removing or storing such vehicle shall, within five calendar days, by certified or registered mail or statutory overnight delivery, notify the owner, lessors, lessees, security interest holders, and lienholders all known owners of the vehicle of the location of such vehicle and of the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.
3264
JOURNAL OF THE HOUSE
(g) If the identity of the owner owners of such motor vehicle cannot be ascertained, the person removing or storing such vehicle shall place an advertisement in a newspaper of general circulation in the county where such vehicle was obtained or, if there is no newspaper in such county, shall post such advertisement at the county courthouse in such place where other public notices are posted. Such advertisement shall run in the newspaper once a week for two consecutive weeks or shall remain posted at the courthouse for two consecutive weeks. The advertisement shall contain a complete description of the motor vehicle, its license and manufacturers vehicle identification numbers, the location from where such vehicle was initially removed, the present location of such vehicle, and the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed. (h) The Department of Motor Vehicle Safety shall provide to the Georgia Crime Information Center all relevant information from sworn statements described in subsection (e) of this Code section for a determination of whether the vehicles removed have been entered into the criminal justice information system as stolen vehicles. The results of the determination shall be provided electronically to the Department of Motor Vehicle Safety. (i) Any person storing a vehicle under the provisions of this Code section shall notify the Department of Motor Vehicle Safety if the vehicle is recovered, is claimed by the owner, is determined to be stolen, or for any reason is no longer an abandoned motor vehicle. Such notice shall be provided within seven calendar days of such event. (j) If vehicle information on the abandoned motor vehicle is not in the files of the Department of Motor Vehicle Safety, the department may require such other information or confirmation as it determines is necessary or appropriate to determine the identity of the vehicle. (k) Any person who does not provide the notice and information required by this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor, shall not be entitled to any storage fees, shall not be eligible to contract with or serve on a rotation list providing wrecker services for this state or any political subdivision thereof, and shall not be licensed by any municipal authority to provide removal of improperly parked cars under Code Section 44-1-13. (l) Any person who knowingly provides false or misleading information when providing any notice or information as required by this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor."
SECTION 3. Said article is further amended by striking subsection (a) of Code Section 40-11-3, relating to removal of vehicles from public property by peace officers and notification requirements, and inserting in its place the following:
"(a) Any peace officer who finds a motor vehicle which has been left unattended on a public street, road, or highway or other public property for a period of at least five three days shall be authorized to cause such motor vehicle to be removed to a garage or other
TUESDAY, APRIL 9, 2002
3265
place of safety, if such peace officer reasonably believes that the person who left such motor vehicle unattended does not intend to return and remove such motor vehicle."
SECTION 4. Said article is further amended by striking Code Section 40-11-5, relating to lien foreclosure procedure, and inserting in lieu thereof the following:
"40-11-5. All liens acquired under Code Section 40-11-4 shall be foreclosed as follows:
(1) Any proceeding to foreclose a lien on an abandoned motor vehicle must be instituted within one year from the time the lien is recorded or is asserted by retention; (2) The person desiring to foreclose a lien on an abandoned motor vehicle shall, by certified or registered mail or statutory overnight delivery, make a demand upon the owner owners for the payment of the reasonable fees for removal and storage plus the costs of any notification or advertisement. Such written demand shall include an itemized statement of all charges and may be made concurrent with the notice required by subsection (f) of Code Section 40-11-2. Such demand shall be made on a form prescribed by rule or regulation of the Department of Motor Vehicle Safety and shall notify the owner of his or her right to a judicial hearing to determine the validity of the lien. The demand shall further state that failure to return the written demand to the lien claimant, file with a court of competent jurisdiction a petition for a judicial hearing, and provide the lien claimant with a copy of such petition, all within ten days of delivery of the lien claimants written demand, shall effect a waiver of the owners right to such a hearing prior to sale. The form shall also provide the suspected owner with the option of disclaiming any ownership of the vehicle, and his or her affidavit to that effect shall control over anything contrary in the records of the Department of Motor Vehicle Safety. No such written demand shall be required if the identity of the owner cannot be ascertained and the notice requirements of subsection (g) of Code Section 40-11-2 have been complied with;
(3)(A) If, within ten days of delivery to the appropriate address of the written demand required by paragraph (2) of this Code section, the owner of the abandoned motor vehicle fails to respond to such demand pay or file with the court a petition for a judicial hearing with a copy to the lien claimant in accordance with the notice provided pursuant to paragraph (2) of this subsection or refuses to pay, or if the owner of the abandoned motor vehicle cannot be ascertained, the person removing or storing the abandoned motor vehicle may foreclose such lien. The person asserting such lien may move to foreclose by making an affidavit to a court of competent jurisdiction, on a form prescribed by rule or regulation of the Department of Motor Vehicle Safety, showing all facts necessary to constitute such lien and the amount claimed to be due. Such affidavit shall aver that the notice requirements of Code Section 40-11-2 have been complied with, and such affidavit shall also aver that a demand for payment in accordance with paragraph (2) of this subsection has been made and refused without satisfaction or without a timely filing of a petition for a judicial hearing or that the identity of the owner cannot be ascertained. The
3266
JOURNAL OF THE HOUSE
person foreclosing shall verify the statement by oath or affirmation and shall affix his or her signature thereto. (B) Regardless of the court in which the affidavit required by this paragraph is filed, the fee for filing such affidavit shall be $10.00 per motor vehicle upon which a lien is asserted; (4)(A) If no timely petition for a hearing has been filed with a court of competent jurisdiction, then, upon Upon such affidavits being filed by the lien claimant pursuant to paragraph (3) of this subsection, the lien claimant shall give the clerk or judge of the court the address (if known) of the owner, lessor, lessee, security interest holders, and lienholders of the abandoned vehicle. The clerk or judge of the court shall serve notice upon such owner, lessor, lessee, security interest holders, and lienholders of the abandoned motor vehicle of a right to a hearing to determine if reasonable cause exists to believe that a valid debt exists; that such hearing must be petitioned for within ten days after receipt of such notice; and that, if no petition for such hearing is filed within the time allowed, the lien will conclusively be deemed a valid one and foreclosure thereof allowed.; (B) Any notice required by this paragraph shall be by certified mail or statutory overnight delivery or, if the owner, lessor, lessee, security interest holder, or lienholder is unknown, by posting such notice at the county courthouse in such place where other public notices are posted; (5) If a petition for a probable cause hearing is filed within the time allowed with a court of competent jurisdiction within ten days after delivery of the lien claimants demand, a copy of which demand shall be attached to the petition, the court shall set such a hearing within ten days of filing of the petition. If, at the hearing, the court determines that reasonable cause exists to believe that a valid debt exists, then the person asserting the lien shall retain possession of the motor vehicle or the court shall obtain possession of the motor vehicle, as ordered by the court. The owner-debtor may obtain possession of the motor vehicle by giving bond and security in the amount determined to be probably due and costs of the action; (6) Within five days of the probable cause hearing, a party defendant must petition the court for a full hearing on the validity of the debt if a further determination of the validity of the debt is desired. If no such petition is filed, the lien for the amount determined reasonably due shall conclusively be deemed a valid one and foreclosure thereof allowed. If such a petition is filed, the court shall set a full hearing thereon within 15 days of the filing of the petition. Upon the filing of such petition by a party defendant an owner, neither the prosecuting lienholder lien claimant nor the court may sell the motor vehicle, although possession of the motor vehicle may be retained by the lien claimant or obtained by the court in accordance with the order of the court which sets the date for the hearing; (7) If, after a full hearing, the court finds that a valid debt exists, then the court shall authorize foreclosure upon and sale of the motor vehicle subject to the lien to satisfy the debt if such debt is not otherwise immediately paid;
TUESDAY, APRIL 9, 2002
3267
(8) If the court finds the actions of the person asserting the lien in retaining possession of the motor vehicle were not taken in good faith, then the court, in its discretion, may award damages to the owner, any party which has been deprived of the rightful use of the vehicle, or the lessee due to the deprivation of the use of the motor vehicle; and (9) If an affidavit meeting the requirements of paragraph (3) of this subsection is filed and no petition for a hearing is timely filed, or if, after a full hearing, the court determines that a valid debt exists, the court shall issue an order authorizing the sale of such motor vehicle. However, the holder of a security interest in or a lien on the vehicle, other than the holder of a lien created by Code Section 40-11-4, shall have the right, in the order of priority of such security interest or lien, to pay the debt and court costs. If the holder of a security interest or lien does so pay the debt and court costs, he or she shall have the right to possession of the vehicle, and his or her security interest in or lien on such vehicle shall be increased by the amount so paid. A court order shall be issued to this effect, and in this instance there shall not be a sale of the vehicle."
SECTION 5. 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 Senate substitute to HB 1562 by inserting after "property;" on line 5 of page 1 the following:
"to provide that the owner or operator of a private parking lot or private parking 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; to provide that such person may charge a penalty; to provide a penalty;".
By redesignating Sections 4 and 5 as Sections 5 and 6, respectively.
By inserting after Section 3 the following:
"SECTION 4. Said article is further amended by inserting a new Code section to read as follows:
'40-11-3.2. (a) It shall be unlawful for the owner or operator of a private parking lot or private parking facility located within 500 feet of an establishment which serves alcoholic beverages for consumption on the premises to remove, tow, or immobilize or cause to
3268
JOURNAL OF THE HOUSE
be removed, towed, or immobilized a motor vehicle left in such lot or facility between midnight and noon of the following day. Nothing in this Code section shall prohibit the owner of such a parking lot or facility from charging a penalty not to exceed $25.00 in excess of normal parking fees for vehicles which remain on the property during such period without authorization. (b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor.'".
Representative Teper of the 61st moved that the House agree to the Senate substitute, as amended by the House, to HB 1562.
On the motion, the roll call was ordered and the vote was as follows:
N Allen Y Amerson N Anderson Y Ashe N Bannister N Barnard N Barnes Y Bell N Benfield
Birdsong Y Black N Boggs N Bordeaux N Borders N Bridges
Brooks Y Broome N Brown N Buck Y Buckner N Bulloch Y Bunn N Burkhalter Y Burmeister N Byrd N Callaway N Campbell N Cash N Channell N Childers N Coan E Coleman, B N Coleman, T Y Collins Y Connell
Cooper
N Cox E Crawford Y Cummings N Davis N Day
Dean N Deloach, B Y Deloach, G N Dix N Dodson Y Drenner Y Dukes Y Ehrhart Y Epps N Everett N Floyd N Forster Y Franklin
Gardner N Golick Y Grasse N Graves Y Greene N Hammontree N Hanner E Harbin Y Harrell N Heard Y Heckstall Y Hembree N Henson N Hines Y Holland Y Holmes Y Houston N Howard
N Hudgens Y Hudson, N
Hudson, S N Hugley N Irvin E Jackson, B N Jackson, L N James N Jamieson Y Jenkins N Jennings N Johnson Y Jordan E Joyce N Kaye N Keen N Knox N Lane N Lanier N Lewis N Lord N Lucas Y Lunsford Y Maddox E Mangham
Manning N Massey Y McBee N McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley N Morris N Mosley
Y Mueller Y Muntean Y O'Neal Y Orrock N Parham N Parrish N Parsons N Pelote N Pinholster Y Poag N Porter N Powell N Purcell Y Ragas
Randall Y Ray N Reece Y Reed N Reichert N Rice Y Richardson N Roberts, D
Roberts, L Y Rogers Y Royal Y Sailor N Sanders N Scheid E Scott Y Seay N Shanahan N Shaw Y Sholar Y Sims
Sinkfield Skipper
N Smith, B N Smith, C N Smith, C.W
Smith, L Y Smith, P N Smith, T N Smith, V N Smyre N Snelling Y Snow N Squires N Stallings Y Stanley Y Stanley-Turner N Stephens N Stokes N Taylor Y Teague Y Teper N Tillman
Turnquest N Twiggs N Unterman Y Walker, L N Walker, R.L
Watson Y West Y Westmoreland N Wiles Y Wilkinson N Willard N Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker
TUESDAY, APRIL 9, 2002
3269
On the motion, the ayes were 63, nays 95. The motion was lost.
Representative Manning of the 32nd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.
Representative Johnson of the 35th moved that the House agree to the Senate substitute to HB 1562.
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
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
Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins Y Connell
Cooper
Y Cox E Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps
Everett Y Floyd Y Forster Y Franklin
Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner E Harbin Y Harrell Y Heard Y Heckstall Y Hembree
Henson Y Hines Y Holland Y Holmes Y Houston Y Howard
Y Hudgens Y Hudson, N
Hudson, S Y Hugley Y Irvin E Jackson, B Y Jackson, L Y James
Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis
Lord Y Lucas
Lunsford Y Maddox E Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills
Mobley Y Morris Y Mosley
N 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 N Sanders Y Scheid E 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
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
Yates Murphy, Speaker
3270
JOURNAL OF THE HOUSE
On the motion, the ayes were 152, nays 2.
The motion prevailed.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 1540. By Representative James of the 140th:
A RESOLUTION commending the Taylor County High School boys basketball team and inviting ther team and the coaches to appear before the House of Representatives; and for other purposes.
The following Bills and Resolution of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:
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 following Senate substitute was read:
A RESOLUTION
Conveying certain state owned real property located in Glynn County, Georgia; including easements for use and access over certain state owned property located in Glynn County, Georgia; to provide for an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property, consisting of approximately 24.8 acres located in the City of Brunswick, G.M. District 26, Glynn County, Georgia; and
TUESDAY, APRIL 9, 2002
3271
WHEREAS, Tract "A" of the said real property is all that tract or parcel of land lying and being in the City of Brunswick, being located in the G.M. District 26 of Glynn County, and containing approximately 0.843 acres as shown on a plat of survey prepared by the Shupe Surveying Company, P.C., more particularly Gary R. Nevill, Georgia Registered Land Surveyor No. 2401, dated December 20, 2001, and issued January 30, 2002, and on file in the offices of the State Properties Commission (hereinafter the "Conveyance Property"); and
WHEREAS, Tract "B" of the said real property is all that tract or parcel of land lying and being in the City of Brunswick, being located in the G.M. District 26 of Glynn County, and containing approximately 0.023 acres as shown on a plat of survey prepared by Shupe Surveying Company, P.C., more particularly Gary R. Nevill, Georgia Registered Land Surveyor No. 2401, dated December 20, 2001, and issued January 30, 2002, and on file in the offices of the State Properties Commission (hereinafter the "Easement Property"); and
WHEREAS, the Access Easement (Existing Paved Roadway and general right of ingress and egress) of the said real property is all that tract or parcel of land lying and being in the City of Brunswick, being located in the G.M. District 26 of Glynn County, and containing approximately 0.668 acres, also known as "Conservation Way", as shown on a plat of survey prepared by Shupe Surveying Company, P.C., more particularly Gary R. Nevill, Georgia Registered Land Surveyor No. 2401, dated December 20, 2001, and issued January 30, 2002, and on file in the offices of the State Properties Commission (hereinafter the "Access Easement"), and includes the general right of ingress and egress from the Conveyance Property to the Easement Property over and across the high ground and floating docks between the Conveyance Property and Easement Property; and
WHEREAS, said property is under the custody and management of the Department of Natural Resources; and
WHEREAS, the United States of America is in need of expanding its Coast Guard presence in Glynn County, Georgia; and
WHEREAS, the location of a Coast Guard facility in Glynn County, Georgia, would be of great benefit to the local region and the State of Georgia; and
WHEREAS, the United States of America has agreed to pay fair market value for the above-referenced Conveyance Property.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
3272
JOURNAL OF THE HOUSE
SECTION 1. That the State of Georgia is the owner of 0.843 acres of hereinabove described real property located in Glynn County, Georgia, previously identified as the Conveyance Property; and further that the State of Georgia is the owner of 0.023 acres of hereinabove described real property located in Glynn County, Georgia, previously identified as the Easement Property; and further that the State of Georgia is the owner of 0.668 acres of hereinabove described real property located in Glynn County, Georgia, previously identified as the Access Easement.
SECTION 2. That the above-described Conveyance Property shall be conveyed by the State of Georgia to the United States of America, for the benefit of the United States Coast Guard, and that easements over the above-described Easement Property and over the above-described Access Easement shall be granted by the State of Georgia to the United States of America, for the benefit of the United States Coast Guard, for the consideration of $347,000.00 and other good and valuable consideration, the sufficiency of which is acknowledged by the State of Georgia and the United States of America.
SECTION 3. That the conveyance of property and grant of easements herein conveyed and granted shall be subject to the following provisions and stipulations, the rights and obligations of the State of Georgia to be effectuated by its Department of Natural Resources (DNR) and the rights and obligations of the United States of America to be effectuated by the United States Coast Guard (USCG):
(a) USCG agrees that it shall construct its new Station Brunswick upon the Conveyance Property based on the design and plans previously approved by the DNR. (b) USCG agrees that it shall construct all parking spaces for its new Station Brunswick, including parking for visitors, reservists, and USCG vehicles, boat trailers, and other mobile equipment, totally within the Conveyance Property. (c) USCG agrees that it shall construct, build, and erect all signage necessary to notify the public of access to the new Station Brunswick; provided, however, that all such signage shall be erected only at locations approved in writing by the DNR Coastal Resources Division Director. (d) USCG and the DNR agree that maintaining or controlling vehicular access to both the new Station Brunswick or to the DNRs Coastal Regional Headquarters will, at times, be necessary. USCG and the DNR agree that certain special events and festivals such as the DNRs annual Coastfest will involve special management of vehicular access to and from the site and agree to cooperate in directing traffic as may be necessary and not impeding essential USCG operations. (e) USCG agrees that it shall have no right to use the Marine Services Building located on adjacent property of the DNR except by written permission of the DNRs Coastal Resources Division Director.
TUESDAY, APRIL 9, 2002
3273
(f) USCG acknowledges that access to its floating dock that is to be constructed on the Easement Property in conjunction with the construction of its new Station Brunswick, is available only across the fixed and floating docks of the DNR. USCG also acknowledges that the location of power, water, and telephones to the USCG floating dock will also be across the fixed and floating docks of the DNR. USCG agrees that the DNR shall have the right to control such access and location of utilities. The DNR agrees that such access and utility location shall not be unreasonably denied. (g) USCG will not impede or obstruct or DNRs use and enjoyment of the north side of its existing floating docks and agrees that in the event that USCG causes shoaling to occur between the marsh on the north side of the USCG floating dock and the USCG floating dock so as to prevent access by DNRs vessels to the back side of the DNRs docks at low tide, USCG shall dredge and remove the shoaling in accordance with appropriate law. (h) USCG agrees that its present temporary building located on DNR property shall be removed within 45 days of the completion of the new Station Brunswick, as DNR has a pressing need to utilize the property presently occupied by the USCG temporary building.
SECTION 4. That the State of Georgia, subject to the other provisions of this resolution, for and in consideration of the above-referenced consideration and the mutual public purposes and benefits bestowed upon the parties, does hereby remise, convey, and forever quitclaim unto the United States of America any and all right, title, and interest of the State of Georgia in the above-described Conveyance Property, and hereby further grants unto the United States of America the aforementioned easement rights in the Easement Property and the Access Easement.
SECTION 5. That the conveyance of the above-described Conveyance Property and the grant of the easements to the Easement Property and Access Easement shall become effective upon the payment of the above-described consideration and the formal acceptance by the United States of America, such acceptance to be indicated by the signature of the appropriate official of the United States of America; and if not so accepted, this resolution shall expire five years after the date this resolution becomes effective.
SECTION 6. That the executive director of the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect this resolution.
SECTION 7. That a Memorandum of Conveyance concerning the Conveyance Property, Easement Property, and Access Easement, including the formal acceptance by the United States of
3274
JOURNAL OF THE HOUSE
America, shall be recorded by the grantee in the Superior Court of Glynn County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 8. That this resolution shall become effective upon the signature of the Governor.
SECTION 9. That all laws and parts of laws in conflict with this resolution are repealed.
Representative Tillman of the 173rd moved that the House agree to the Senate substitute to HR 1144.
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
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
Cooper
Y Cox E Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin
Gardner Y Golick Y Grasse Y Graves Y Greene
Hammontree Y Hanner E Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines
Holland Y Holmes Y Houston
Howard
Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin E 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
Lunsford Y Maddox E Mangham
Manning Y Massey Y McBee
McCall Y McClinton
McKinney 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
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 E Scott Y Seay Y Shanahan Y Shaw
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
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
TUESDAY, APRIL 9, 2002
3275
On the motion, the ayes were 150, nays 0.
The motion prevailed.
Representative Burkhalter of the 41st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 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 Senate substitute was read:
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 local 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
3276
JOURNAL OF THE HOUSE
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)(1) A county governing authority may by ordinance or resolution require all persons or firms harvesting standing timber in any unincorporated 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. (2) A municipal governing authority may by ordinance or resolution require all persons or firms harvesting standing timber in any incorporated area of such municipality for delivery as pulpwood, logs, poles, or wood chips to any woodyard or precessing plant located inside or outside this state to provide notice of such harvesting operations to the municipal 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; (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;
TUESDAY, APRIL 9, 2002
3277
(3) The 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 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 or municipality, as applicable, against any damage caused by such person or firm in an amount specified by the 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 within such unincorporated area of the county or incorporated area of the municipality upon receipt of the same by the applicable 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 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 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 municipal 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 such municipality shall transmit a copy of such notice to the governing authority of the county 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 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
3278
JOURNAL OF THE HOUSE
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:
"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.
TUESDAY, APRIL 9, 2002
3279
(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 following amendment was read and adopted:
Representatives McCall of the 90th and Lanier of the 145th move to amend the Senate substitute to HB 1154 by inserting "to change certain provisions relating to permits for excess weight and dimensions of vehicles and loads;" after "roads;" on line 11 of page 1.
By redesignating Section 5 as Section 7.
By inserting after Section 4 the following:
"SECTION 5. Said title is further amended in subsection (b) of Code Section 32-6-28, relating to permits for excess weight and dimensions of vehicles and loads, by inserting a new paragraph to read as follows:
'(2.1) Six-month permit. Six-month permits may be issued for loads of tobacco or unginned cotton the widths of which do not exceed nine feet, provided that such loads
3280
JOURNAL OF THE HOUSE
shall not be operated on The Dwight D. Eisenhower System of Interstate and Defense Highways.'
SECTION 6. Said title is further amended in subsection (c) of said Code Section 32-6-28 by striking paragraph (3) and inserting in lieu thereof the following: '(3) Four Six months. The charges for the issuance of four-month six-month permits for loads of tobacco whose widths do not exceed nine feet or unginned cotton shall be $25.00 per permit, provided that such loads may not be operated on The Dwight D. Eisenhower System of Interstate and Defense Highways.'".
Representative Floyd of the 138th moved that the House agree to the Senate substitute, as amended by the House, to HB 1154.
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
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 E Coleman, B Y Coleman, T Y Collins
Y Cox E 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
Gardner Y Golick Y Grasse Y Graves Y Greene
Hammontree Y Hanner E Harbin Y 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 E 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
Lunsford Y Maddox E Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Millar Y Mills Y Mobley
Y Mueller Y Muntean
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 Y Rogers
Royal Y Sailor Y Sanders Y Scheid E Scott Y Seay Y Shanahan Y Shaw
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
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner
Stephens Y Stokes Y Taylor Y 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 Connell Y Cooper
TUESDAY, APRIL 9, 2002
Y Houston Howard
Y Morris Y Mosley
Y Sinkfield Y Skipper
On the motion, the ayes were 155, nays 0. The motion prevailed.
3281
Y Yates Murphy, Speaker
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 Senate amendment was read:
Amend HB 210 by striking lines 26 through 33 of page 2 and inserting in lieu thereof the following:
"(1) 'Classroom teacher' means 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. (2) 'Improvement specialist' means a certified teacher employed by a regional educational service agency as defined in Code Section 20-2-270 for the purpose of implementing an improvement plan or strategy at a qualified school. (3) 'Qualified school' means a school identified by the State Board of Education prior to the beginning of each school year:
(A) For the school years beginning in the years 2002 and 2003, as a school needing improvement that fails for two or more consecutive years to make adequate yearly progress pursuant to Title 1, Part A of the No Child Left Behind Act of 2001, Public Law 107-110; (B) For the school years beginning in 2002 and 2003, as having 50 percent or more of its students failing to meet the standard that should be achieved by students in any subject area at any grade level as designated by the Office of Education Accountability in Code Section 20-14-31; or (C) For school years beginning after 2003, as having received a grade of D or F on student performance for the absolute student achievement standard or on progress
3282
JOURNAL OF THE HOUSE
on improved student achievement as determined by the Office of Education Accountability based on the indicators adopted under Code Section 20-14-33 or as otherwise recommended by the office as part of an improvement strategy for the school in whole or in part under Code Section 20-14-41. (3) 'Retired teacher' means a member of this retirement system who was retired on"
By striking lines 1 through 13 of page 3 and inserting in lieu thereof the following:
"(b)(1) A local school system may employ a retired teacher as a full-time classroom teacher in a qualified school 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 the local school system is employing the retired teacher in a qualified school. (2) A regional educational service agency established pursuant to Code Section 20-2270 may employ a retired teacher as an improvement specialist in a qualified school 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 the local school system is employing the retired teacher in a qualified school."
By striking line 28 of page 3 and inserting in lieu thereof the following:
"and experience. Teachers paid under this Code section shall be reported to the state at the certificate and experience level at which the teacher is assigned. No state funds for health insurance shall be earned for the requested state salary amount."
Representative McBee of the 88th moved that the House agree to the Senate amendment to HB 210.
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
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks
N Cox E 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 Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin E Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen
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 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 Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins
Connell Y Cooper
TUESDAY, APRIL 9, 2002
E Forster Y Franklin Y Gardner Y Golick Y Grasse 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 Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford
Maddox E Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley
Morris Y Mosley
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 E Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
On the motion, the ayes were 158, nays 2. The motion prevailed.
3283
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 Y Wix Y Yates
Murphy, Speaker
Representative Teague of the 58th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
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 Senate amendment was read:
3284
JOURNAL OF THE HOUSE
Amend HB 587 by striking on line 10 of page 3 the word "Four" and inserting in lieu thereof the word "Five".
By striking at the end of line 13 of page 3 the word "and".
By striking at the end of line 14 of page 3 the symbol "." and inserting in lieu thereof "; and" and by inserting immediately following such line the following: "(E) One representative from labor trained in health and safety."
Representative McCall of the 90th moved that the House agree to the Senate amendment to HB 587.
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
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 N Burkhalter N Burmeister Y Byrd N Callaway
Campbell N Cash Y Channell Y Childers N Coan E Coleman, B Y Coleman, T N Collins
Y Cox E Crawford Y Cummings N Davis Y Day
Dean Deloach, B N Deloach, G N Dix Y Dodson Y Drenner Y Dukes N Ehrhart Y Epps Everett Y Floyd E Forster N Franklin Gardner Y Golick N Grasse N Graves Y Greene N Hammontree Y Hanner E Harbin Harrell Y Heard Y Heckstall N Hembree Y Henson N Hines Y Holland Y Holmes
N Hudgens Y Hudson, N Y Hudson, S
Hugley Y Irvin E Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins N Jennings Y Johnson Y Jordan E Joyce N Kaye N Keen N Knox Y Lane Y Lanier N Lewis Y Lord Y Lucas N Lunsford Y Maddox E Mangham N Manning N Massey Y McBee Y McCall Y McClinton
McKinney N Millar N Mills Y Mobley
N Mueller N Muntean N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Pelote N Pinholster Y 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 Y Roberts, L Y Rogers Y Royal Y Sailor N Sanders N Scheid E Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
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 N Stephens Y Stokes Y Taylor Y Teague N Teper Y Tillman Y Turnquest Y Twiggs
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
Y Connell N Cooper
TUESDAY, APRIL 9, 2002
Y Houston Y Howard
Morris Y Mosley
Y Sinkfield Y Skipper
On the motion, the ayes were 100, nays 58. The motion prevailed.
3285
N Yates Murphy, Speaker
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 Senate amendment was read:
Amend HB 765 by inserting on line 5 of page 1, following the word "development", the following: "and for service as a teacher in certain private schools".
By striking the quotation marks at the end of line 3 of page 2 and inserting the following:
"47-3-94. A member who has completed at least five consecutive years of membership service in the public schools of Georgia or the University System of Georgia immediately prior to applying may obtain up to ten years of creditable service for service as a teacher in a private elementary or secondary school or any private college or university located in the state accredited by the Southern Association of Colleges and Schools, the Georgia Accrediting Association, or a nationally recognized accrediting agency by the State Board of Education. 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 provide documentation and 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.'"
Representative James of the 140th moved that the House agree to the Senate amendment to HB 765.
3286
JOURNAL OF THE HOUSE
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
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 Y Collins
Connell Y Cooper
Y Cox E Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G
Dix Y Dodson
Drenner Y Dukes Y Ehrhart
Epps Everett Y Floyd E Forster Y Franklin Y Gardner Y Golick Y Grasse 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
Hudson, S Y Hugley
Irvin E Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox 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 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
Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor N Sanders Y Scheid E 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 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
On the motion, the ayes were 155, nays 2. The motion prevailed.
HB 1070. By Representatives Irvin of the 45th, Sims of the 167th, O'Neal of the 139th, Walker of the 141st, Lunsford of the 109th and others:
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
TUESDAY, APRIL 9, 2002
3287
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 following Senate amendment was read:
Amend HB 1070 by inserting after "conviction" on line 6 on page 1 "which the Attorney General is defending".
By striking lines 18 through 20 on page 1.
By striking "(2)" on line 21 on page 1 and inserting in lieu thereof "(1)".
By inserting after "conviction" on line 22 on page 1 "which are being defended by the Attorney General".
By striking "(3)" on line 25 on page 1 and inserting in lieu thereof "(2)".
By inserting after "conviction" on line 26 on page 1 "which is being defended by the Attorney General".
Representative Irvin of the 45th moved that the House agree to the Senate amendment to HB 1070.
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 Cox E 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 Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin E Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan
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 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
3288
Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
JOURNAL OF THE HOUSE
Y Epps Y Everett Y Floyd E Forster Y Franklin Y Gardner Y Golick
Grasse 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
E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
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 Ragas 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 E 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 Stanley-Turner 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
West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix
Yates Murphy, Speaker
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 Senate amendment was read:
Amend HB 1368 by striking lines 1 through 4 of page 1 and inserting in lieu thereof the following:
TUESDAY, APRIL 9, 2002
3289
"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 applications and fees for drivers licenses; to change certain provisions relating to".
By inserting "to provide an effective date;" after "requirement;" on line 7 of page 1.
By striking lines 10 and 11 of page 1 and inserting in lieu thereof the following:
"Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subsection (c)".
By striking "article" on line 21 of page 1 and inserting "title" in lieu thereof.
By redesignating Section 3 as Section 5.
By striking "(2) Every" on line 7 of page 2 and inserting "(2) Except as otherwise provided by subsection (c) of this Code section, every Every" in lieu thereof.
By inserting between lines 30 and 31 of page 2 the following:
"SECTION 3. Said title is further amended in Code Section 40-5-25, relating to applications and fees for drivers licenses, by striking paragraph (2) of subsection (d) and inserting in lieu thereof the following: '(2) Notwithstanding the provisions of paragraph (2) or (3) of subsection (a) of this Code section, each applicant for the issuance, reissuance, or renewal of a Class C, M, A, or B drivers license under paragraph (2) or (3) of subsection (a) of this Code section shall accompany such application with a license fee of as established by the commissioner, not to exceed $8.00, if such applicant executes an anatomical gift pursuant to Code Section 40-5-6.'
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.".
Representative Dukes of the 161st moved that the House agree to the Senate amendment to HB 1368.
On the motion, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson Y Anderson
Y Cox E 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
3290
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
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 E Forster Y Franklin Y Gardner Y Golick Y Grasse 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 Hugley Y Irvin E Jackson, B Y Jackson, L Y James
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 E Mangham Y Manning Y Massey Y McBee Y McCall Y 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
Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid E Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
On the motion, the ayes were 161, nays 0. The motion prevailed.
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
Yates Murphy, Speaker
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.
TUESDAY, APRIL 9, 2002 The following Senate amendment was read:
3291
Amend HB 1350 by striking line 5 of page 1 and inserting in its place the following:
"provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes."
By inserting between lines 1 and 2 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 5."
The following amendment was read and adopted:
Representative Channell of the 111th moves to amend the Senate amendment to HB 1350 by striking lines 6 through 35 of page 2 and inserting in lieu thereof the following:
"Said title is further amended by striking Code Section 31-7-94.1, relating to certification of rural hospitals for grant eligibility and rules and regulations relative to the 'Rural Hospital Authorities Assistance Act,' and inserting in its place the following: '31-7-94.1. (a) This Code section shall be known and may be cited as the "Rural Hospital Authorities Assistance Act." (b) The General Assembly finds that hospital authorities are created under Code Section 31-7-72 in and for each county and municipal corporation of the state in order to promote public health goals of the state. The General Assembly further finds that many hospitals owned or operated by hospital authorities in rural counties, whether or not they are owned or operated by hospital authorities, are in desperate financial straits. In order to preserve the availability of primary health care services provided by such hospitals to residents of rural counties, the General Assembly has determined that a program of state grants is necessary and recommends funds be made available to such hospitals. These grants will be conditioned upon those hospitals continuing to furnish essential health care services to residents in their areas of operation as well as engaging in the long-range planning and any restructuring which may be required for those hospitals to survive by devising cost-effective and efficient health care systems for meeting local health care needs. (c) As used in this Code section, the term:
3292
JOURNAL OF THE HOUSE
(1) "Department of Community Health" means the Department of Community Health created under Chapter 5A of this title. (2) "Hospital" means an institution which has a permit as a hospital issued under this chapter. (3) "Rural county" means a county having a population of less than 35,000 according to the United States decennial census of 1990 or any future such census. (4) "Rural hospital" means a hospital owned or operated by a hospital authority, which hospital has been certified by the Department of Community Health as:
(A) Being located in a rural county; (B) Participating in both Medicaid and medicare and accepting both Medicaid and medicare patients; (C) Providing health care services to indigent patients; and (D) Maintaining a 24 hour emergency room. (d) A rural hospital may apply for a grant available under subsection (e) of this Code section if it has been certified by the Department of Community Health as: (1) A rural hospital; (2) Having submitted a grant application which includes: (A) A problem statement indicating the problem the rural hospital proposes to solve with the grant funds; (B) The goals of the proposed solution; (C) The organizational structure, financial system, and facilities that are essential to the proposed solution; (D) The projected longevity of the proposed solution after the grant funds are expended; (E) Evidence of collaboration with other community health care providers in achieving the proposed solution; (F) Evidence that funds for the proposed solution are not available from another source; (G) Evidence that the grant funds would assist in returning the hospital to an economically stable condition or that any plan for closure or realignment of services involves development of innovative alternatives for the discontinued services; (H) Evidence of a satisfactory record-keeping system to account for grant fund expenditures within the rural county; (I) A community health survival plan describing how the plan was developed, the goals of the plan, the links with existing health care providers under the plan, the implementation process including quantification of indicators of the hospitals financial well-being, measurable outcome targets, and the current condition of such hospital; and (J) Such additional evidence as the Department of Community Health may require to demonstrate the feasibility of the proposed solution for which grant funds are sought. (e) Notwithstanding the provisions of Code Section 31-7-94, the department Department of Community Health is authorized to make grants to rural hospitals certified as meeting the requirements of subsection (d) of this Code section. Such grants
TUESDAY, APRIL 9, 2002
3293
Grants to rural hospitals owned or operated by hospital authorities may be for any of the following purposes:
(1) Infrastructure development, including, without being limited to, facility renovation or equipment acquisition; provided, however, that the amount granted to any qualified hospital may not exceed the expenditure thresholds that would constitute a new institutional health service requiring a certificate of need under Chapter 6 of this title and the grant award may be conditioned upon obtaining local matching funds; (2) Strategic planning, including, without being limited to, strategies for personnel retention or recruitment, development of an emergency medical network, or the development of a collaborative and integrated health care delivery system with other health care providers, and the grant award may be conditioned upon obtaining local matching funds for items such as telemedicine, billing systems, and medical records. For the purposes of this paragraph, the maximum grant to any grantee shall be $200,000.00; or (3) Nontraditional health care delivery systems, excluding operational funds and purposes for which grants may be made under paragraph (1) or (2) of this subsection. For the purposes of this paragraph, the maximum grant to any grantee shall be $1.5 million; or (4) The provision of health care services to indigent patients in the rural county. Any grants to certified rural hospitals which are not owned or operated by hospital authorities shall be limited to the purpose described in paragraph (4) of this Code section. (f) In awarding grants under this Code section, the department Department of Community Health may give priority to any otherwise eligible rural hospital which meets the definition of a "necessary provider" as specified in the states "Rural Healthcare Plan" of May, 1998. (g) The department shall adopt regulations to implement its powers and duties under this Code section. The Department of Community Health shall be authorized to certify rural hospitals as provided in subsection (d) of this Code section and shall adopt regulations to implement its powers and duties under this Code section.'"
By inserting between lines 1 and 2 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 5."
Representative Channell of the 111th moved that the House agree to the Senate amendment, as amended by the House, to HB 1350.
On the motion, the roll call was ordered and the vote was as follows:
3294
JOURNAL OF THE HOUSE
Y 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 Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
Y Cox E Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd E Forster Y Franklin Y Gardner Y Golick Y Grasse 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
Irvin E 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 E Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
On the motion, the ayes were 161, nays 0. The motion prevailed.
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
Sanders Y Scheid E 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
Smith, P Y Smith, T Y Smith, V
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 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
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
TUESDAY, APRIL 9, 2002
3295
open and conspicuous manner so as to be visible to the public; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to 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; to provide that neither the state nor any county, municipality, or consolidated government shall issue or renew any business or occupation license or permit for any food sales establishment until the food sales establishment complies with certain requirements; to change certain definitions relating to milk and milk food products; to adopt certain standards and requirements relating to milk and milk food products; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, is amended by striking Code Section 26-2-25, relating to licensing of food sales establishments, and inserting in its place the following:
"26-2-25. It shall be unlawful for any person to operate a food sales establishment without having first obtained a license from the Commissioner. No license issued under this article shall be suspended or revoked except for health and sanitation reasons or violations of this article and until the licensee to be affected shall be provided with reasonable notice thereof and an opportunity for hearing, as provided under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Licenses issued under this article shall be valid until suspended or revoked and shall not be transferable with respect to persons or location. There shall be no fee for such license. Each food sales establishment licensed pursuant to this Code section shall post such license on the premises in an open and conspicuous manner so as to be visible to the public. Neither the state nor any county, municipality, or consolidated government shall issue or renew any business or occupation license or permit for any food sales establishment until the establishment complies with the requirements of this article."
SECTION 2. Said chapter is further amended by striking subsection (b) of Code Section 26-2-231, relating to definitions of terms used in the "Georgia Dairy Act of 1980," and inserting in
3296
JOURNAL OF THE HOUSE
its place the following: "(b) Unless otherwise defined in this article, the following words shall have the meanings respectively ascribed to them in the May, 1999 2001, Amended Version of the 'Grade A Pasteurized Milk Ordinance' Recommendations of the United States Public Health Service - Food and Drug Administration and supplements thereto: (1) 'Raw cows milk'; (2) 'Grade A whole milk'; (3) 'Grade A milk, pasteurized'; (4) 'Grade A skim milk'; (5) 'Grade A buttermilk'; (6) 'Grade A chocolate milk'; (7) 'Grade A modified solids milk'; and (8) 'Pasteurization.'"
SECTION 3. Said chapter is further amended by striking Code Section 26-2-238, relating to standards and requirements for milk and milk food products generally, and inserting in its place the following:
"26-2-238. The standards and requirements of the May, 1999 2001, Amended Version of the 'Grade A Pasteurized Milk Ordinance' Recommendations of the United States Public Health Service - Food and Drug Administration and supplements thereto, except as otherwise provided in this article, are expressly adopted as the standards and requirements for this state. Future changes in and supplements to said milk ordinance may be adopted by the Commissioner as a part of the standards and requirements for this state."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Ray of the 128th moved that the House agree to the Senate substitute to HB 1086.
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 Cox E Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix
Y Hudgens Y Hudson, N
Hudson, S Y Hugley
Irvin E Jackson, B Y Jackson, L Y James Y Jamieson
Y Mueller Y Muntean Y O'Neal Y Orrock
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
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 Y Collins Y Connell Y Cooper
TUESDAY, APRIL 9, 2002
Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd E Forster N Franklin Y Gardner Y Golick Y Grasse 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 Jenkins Y Jennings
Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis
Lord Y Lucas Y Lunsford Y Maddox E Mangham Y Manning Y Massey Y McBee
McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray
Reece Y Reed Y Reichert Y Rice
Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid E Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
On the motion, the ayes were 160, nays 1. The motion prevailed.
3297
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
Yates Murphy, Speaker
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 following Senate substitute was read:
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 change the
3298
JOURNAL OF THE HOUSE
provisions relating to the declared policy of the state; to provide for additional definitions; 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 41-1-7 of the Official Code of Georgia Annotated, relating to treatment of agricultural facilities and operations as nuisances, is amended by striking subsections (a) and (b) of said Code section and inserting in their place the following:
"(a) It is the declared policy of the state to conserve, protect, and encourage the development and improvement of its agricultural land and facilities for the production of food and other agricultural products. When nonagricultural land uses extend into agricultural areas or when there are changed conditions in or around the locality of an agricultural facility, agricultural operations often become the subject of nuisance actions. As a result, agricultural facilities are sometimes forced to cease operations. Many others are discouraged from making investments in farm improvements or adopting new technology or methods. It is the purpose of this Code section to reduce losses of the states agricultural resources by limiting the circumstances under which agricultural facilities and operations may be deemed to be a nuisance.
(b) As used in this Code section, the term: (1) 'Agricultural area' means any land which is, or may be, legally used for an agricultural operation under applicable zoning laws, rules, and regulations at the time of commencement of the agricultural operation of the agricultural facility at issue and throughout the first year of operation of such agricultural facility. Any land which is not subject to zoning laws, rules, and regulations at the time of commencement of an agricultural operation of an agricultural facility and throughout the first year of operation of such agricultural facility shall be deemed an 'agricultural area' for purposes of this Code section. (1)(2) 'Agricultural facility' includes, but is not limited to, any land, building, structure, pond, impoundment, appurtenance, machinery, or equipment which is used for the commercial production or processing of crops, livestock, animals, poultry, honeybees, honeybee products, livestock products, poultry products, or products which are used in commercial aquaculture. Such term shall also include any farm labor camp or facilities for migrant farm workers. (2)(3) 'Agricultural operation' means:
(A) The plowing, tilling, or preparation of soil at an agricultural facility; (B) The planting, growing, fertilizing, or harvesting of crops; (C) The application of pesticides, herbicides, or other chemicals, compounds, or substances to crops, weeds, or soil in connection with the production of crops, livestock, animals, or poultry; (D) The breeding, hatching, raising, producing, feeding, keeping, slaughtering, or processing of livestock, hogs, equines, chickens, turkeys, poultry or other fowl
TUESDAY, APRIL 9, 2002
3299
normally raised for food, mules, cattle, sheep, goats, dogs, rabbits, or similar farm animals for commercial purposes; (E) The production and keeping of honeybees, the production of honeybee products, and honeybee processing facilities; (F) The production, processing, or packaging of eggs or egg products; (G) The manufacturing of feed for poultry or livestock; (H) The rotation of crops; (I) Commercial aquaculture; (J) The application of existing, changed, or new technology, practices, processes, or procedures to any agricultural operation; and (K) The operation of any roadside market. (4) 'Changed conditions' means any one or more of the following: (A) Any change in the use of land in an agricultural area; (B) An increase in the magnitude of an existing use of land in or around the locality of an agricultural facility and includes, but is not limited to, urban sprawl into an agricultural area in or around the locality of an agricultural facility, or an increase in the number of persons making any such use, or an increase in the frequency of such use; or (C) The construction or location of improvements on land in or around the locality of an agricultural facility closer to an agricultural facility than those improvements located on such land at the time of commencement of the agricultural operation or the agricultural facility at issue and throughout the first year of operation of said agricultural facility. (5) 'Urban sprawl' means either of the following, or both: (A) The conversion of agricultural areas from traditional agricultural use to residential use; or (B) An increase in the number of residences in an agricultural area which increase is unrelated to the use of the agricultural area for traditional agricultural purposes."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Ray of the 128th moved that the House agree to the Senate substitute to HB 1087.
On the motion, the roll call was ordered and the vote was as follows:
3300
JOURNAL OF THE HOUSE
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 Y Collins Y Connell Y Cooper
Y Cox E Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett
Floyd E Forster Y Franklin Y Gardner Y Golick Y Grasse 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
Howard
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin E 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
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
Mills Y Mobley Y Morris Y Mosley
On the motion, the ayes were 159, nays 1. The motion prevailed.
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 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 E 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
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
Yates Murphy, Speaker
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
TUESDAY, APRIL 9, 2002
3301
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 Senate 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 provide for interest; to provide for jurisdiction of actions; to provide rules of evidence relating to cases arising from a lawsuit involving a local government entity; to provide regulation of settlement of actions against local government entities; to exclude punitive and exemplary damages; to provide for rules of disclosure of documents; to provide for recovery against local governments; to amend related provisions of the Official Code of Georgia Annotated so as to assure consistency; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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 a 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
3302
JOURNAL OF THE HOUSE
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 corporation shall not waive its immunity by the purchase of liability insurance, except as provided in Code Section 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.
TUESDAY, APRIL 9, 2002
3303
(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) 'Local government officer or employee' means an officer, agent, servant, attorney, or employee of a local government entity. (5) '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. (6) '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. (7) '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 up to the following limits:
(1) $100,000.00 because of bodily injury or death of any one person in any one occurrence, an aggregate amount of $300,000.00 because of bodily injury or death of two or more persons in any one occurrence, and $50,000.00 because of injury to or destruction of property in any one occurrence, for incidents occurring on or after January 1, 2005 and until December 31, 2006; (2) $250,000.00 because of bodily injury or death of any one person in any one occurrence, an aggregate amount of $450,000.00 because of bodily injury or death of two or more persons in any one occurrence, and $50,000.00 because of injury to or destruction of property in any one occurrence, for incidents occurring on or after January 1, 2007 and until December 31, 2007; and (3) $500,000.00 because of bodily injury or death of any one person in any one occurrence, an aggregate amount of $700,000.00 because of bodily injury or death of two or more persons in any one occurrence, and $50,000.00 because of injury to or destruction of property in any one occurrence, for incidents occurring on or after January 1, 2008. (b) 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 only to the extent and in the manner provided in this chapter and only with respect to actions brought in the courts of this state. This chapter shall not be construed to affect any claim or cause of action otherwise permitted by law and for which the defense of sovereign immunity is not available. (c) Local government entities shall have no liability for losses resulting from conduct on any part of local government officers or employees which was not within the scope of their official duties or employment. (d) The waiver provided by this chapter shall be increased to the extent that:
3304
JOURNAL OF THE HOUSE
(1) The governing body of the local governmental entity by resolution or ordinance voluntarily adopts a higher waiver; (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. (e) Interest prior to judgment may be recovered pursuant to the 'Unliquidated Damages Interest Act' as provided for in Code Section 51-12-14; however, any recovery of interest prior to judgment shall be included within the applicable aggregate amount per occurrence as set forth in this Code section.
36-92-3. (a) Any local government officer or employee 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 local government officer or employee immunity from suit and liability if it is proved that the local government officers 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 shall name as a party defendant the local government entity for which the officer or employee was acting and shall not name the local government officer or employee individually. In the event that the local government officer 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 local government officer or employee was acting shall be substituted as the party defendant. (c) For the purpose of presenting evidence at the trial of a case brought under the waiver provisions of this chapter, a plaintiff calling as a witness the present or former local government officer or employee whose alleged tort forms the basis of the claim against the local government entity defendant shall be allowed to subject such witness to cross-examination. (d) Subject to the provisions contained in Code Sections 51-1-32 through 51-1-34 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 officer or employee, or the local government entity by reason of the same occurrence. (e) This chapter shall not waive the workers compensation exclusive remedy when local government officers or employees are injured on the job.
3692-4. (a) Local government entities may provide for the payment of claims, settlements and judgments, and their associated costs through any method including, but not limited to, self-insurance, use of a fund within the local governments budget for the payment of
TUESDAY, APRIL 9, 2002
3305
claims, the purchase of liability insurance, participation in an interlocal risk management agency organized pursuant to Chapter 85 of Title 36, or a combination thereof. (b) No award for damages under this chapter shall include punitive or exemplary damages. (c) Notwithstanding any law to the contrary, any document or information which pertains to the requesting or giving of legal advice or the disclosure of reports or evaluations of persons, including adjusters, assigned to evaluate and adjust claims concerning or pertaining to pending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions brought or to be brought by or against a local government entity under this chapter shall be considered privileged and confidential and shall not be subject to disclosure until final disposition of a claim. Notwithstanding the provisions of this subsection, upon filing a lawsuit pursuant to this chapter, Chapter 11 of Title 9 and any other law applicable to cases in litigation shall apply. (d) Nothing in this chapter shall be construed to authorize an execution or levy against any local government entitys property or funds. Execution or levy against a local government entitys property or funds is expressly prohibited. However, nothing in this Code section shall bar the pursuit of any other remedies that exist to enforce a judgment under state law. (e) Where policies of insurance or contracts of indemnity have not been purchased or entered into by a local government entity for the purposes of paying claims and judgments under this chapter, the fiscal year aggregate liability of any local government entity under this chapter shall not exceed any self-insurance or other reserve or fund established to pay claims arising out of this chapter. Where policies of insurance or contracts of indemnity have been purchased or entered into and the local government entity also self-insures or establishes another reserve or fund to pay claims arising out of this chapter, the fiscal year aggregate liability of any local government entity under this chapter shall not exceed such entitys policies of insurance or contracts of indemnity and the amount of any self-insurance or other reserve or fund established to pay claims arising out of this chapter. Any judgment obtained in excess of this limitation on annual aggregate liability shall not be void. Such excess judgments shall be paid by the local government entity no later than six months from the end of the local government entitys fiscal year in which the final judgment was entered. If there are multiple judgments, the judgments shall be paid in the order in which each final judgment was entered by the court following any appeals. (f) The existence or amount of the waiver of immunity specified in Code Section 36-922 shall not be disclosed or suggested to the jury. (g) As a condition of the waiver of sovereign immunity authorized by this chapter, all tort actions filed against a local government entity under this chapter, including any action filed against a local government entity as a joint tortfeasor, shall be brought in the state or superior court of the county wherein the local government entity resides.
3306
JOURNAL OF THE HOUSE
36-92-5. This chapter shall apply to all claims and causes of actions arising out of events occurring on or after January 1, 2005."
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:
"(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 subject to the procedures and limitations contained in Chapter 92 of Title 36."
SECTION 5. This Act shall become effective on January 1, 2005. .
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Representative Bordeaux of the 151st moved that the House agree to the Senate substitute to HB 1128.
On the motion, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson Y Anderson Y Ashe Y Bannister
Y Cox E Crawford Y Cummings Y Davis
Day
Y Hudgens Y Hudson, N N Hudson, S Y Hugley
Irvin
N 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
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 N 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
TUESDAY, APRIL 9, 2002
Dean Y Deloach, B Y Deloach, G
Dix N Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd E Forster Y Franklin Y Gardner Y Golick Y Grasse 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
E Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen N Knox Y Lane Y Lanier N Lewis N Lord Y Lucas Y Lunsford Y Maddox E Mangham Y Manning Y Massey Y McBee
McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
Y Parrish Y Parsons Y Pelote N Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson N Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor N Sanders Y Scheid E Scott Y Seay Y Shanahan N Shaw
Sholar Y Sims Y Sinkfield Y Skipper
On the motion, the ayes were 149, nays 14. The motion prevailed.
3307
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 N Williams, J N Williams, R Y Wix Y Yates
Murphy, Speaker
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 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.
3308
JOURNAL OF THE HOUSE
The following Senate substitute was read:
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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 22A of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to marine manufacturers, is amended by striking Code Section 10-1-677, relating to termination of contractual relationship between dealer and manufacturer, and inserting in lieu thereof the following:
"10-1-677. (a)(1) Whenever any marine dealer enters into a franchise, selling, or other contractual agreement with a manufacturer, distributor, or wholesaler wherein the dealer agrees to maintain an inventory of marine products or repair parts, the manufacturer, distributor, or wholesaler shall not terminate such agreement in case of breach by the dealer unless and until 90 days after notice of such intention to terminate has been sent by certified mail or statutory overnight delivery, return receipt requested, to the dealer and the dealer has failed to correct the breach within such period. (2) If the franchise, selling, or other contractual agreement is terminated as a result of any action by the manufacturer or dealer and the dealer is not in breach of such agreement, 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. (3) If the franchise, selling, or other contractual agreement is terminated as a result of any action by the dealer and the manufacturer is not in breach of such agreement, the manufacturer shall not be required to repurchase the inventory as provided in this article. Provided, however, if the franchise, selling, or other contractual agreement is terminated as a result of any action by the dealer and the manufacturer is in breach of such agreement, the manufacturer shall be required to repurchase the inventory as provided in this article.
TUESDAY, APRIL 9, 2002
3309
(4) It shall be unlawful for the manufacturer, wholesaler, distributor, or franchisor, without due cause and pursuant to its own initiating action, to fail to renew a franchise, selling, or other contractual agreement on terms then equally available to all its marine dealers, unless the manufacturer repurchases the inventory as provided for in this Code section. The tests for determining what constitutes due cause for a manufacturer or distributor to fail to renew a franchise, selling, or other contractual agreement shall include whether the dealer:
(A) Has made a material misrepresentation in applying for or acting under the franchise agreement; (B) 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 receivership; (C) Has engaged in an unfair business practice; (D) Has engaged in conduct which is injurious or detrimental to the public welfare; (E) Has failed to comply with an applicable licensing law; (F) Has been convicted of a crime, the effect of which would be detrimental to the manufacturer, distributor, or dealership; (G) Has failed to operate in the normal course of business for seven consecutive business days; or (H) Has failed to comply with the terms of the dealership or franchise agreement. (5) In the event that the manufacturer, wholesaler, distributor, or franchisor does not intend to renew a franchise, selling, or other contractual agreement, such manufacturer, wholesaler, distributor, or franchisor shall give the dealer 90 days written notice prior to the effective date thereof by certified mail or statutory overnight delivery, return receipt requested; (b) After notice by the marine dealer to the manufacturer by registered or certified mail or statutory overnight delivery, return receipt requested, within Within 30 days of the termination of the franchise, selling, or other contractual agreement, the manufacturer, distributor, or wholesaler shall repurchase that inventory previously purchased from him or her, including all new and unused marine products of the current or immediate prior model year and parts on hand and held by the dealer on the date of termination of the contract. The manufacturer, distributor, or wholesaler shall pay an amount equivalent to the wholesale value of a similar item in the National Automobile Dealers Association Marine Appraisal Guide, National Edition, plus reasonable actual freight cost, cost actually paid by the dealer less discounts or rebates per unit for any new, unused, undamaged, unaltered from original invoice and delivery, and complete marine vessel or other unit of marine products which is resalable and 100 percent of the. The manufacturer shall also pay an amount equal to the price paid by the dealer for any new, unused, and undamaged repair parts and accessories which are listed in the manufacturers current parts price list and are not more than two model years old. The manufacturer, distributor, or wholesaler shall pay the dealer the reasonable actual cost of handling, packing, and loading returned repair parts. The manufacturer, distributor,
3310
JOURNAL OF THE HOUSE
or wholesaler shall have the option of performing the handling, packing, and loading in lieu of paying the sum imposed by this subsection for these services. (c) Upon payment within a reasonable time of the repurchase amount to the dealer, the title, if any, 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) Any single repair part which is priced as a set of two or more items; (3) Any repair part which, because of its condition, is not resalable as a new part without repackaging or reconditioning; (4) Any inventory for which the dealer is unable to furnish evidence that is reasonably satisfactory to the manufacturer, distributor, or wholesaler of good title, free and clear of all claims, liens, and encumbrances; (5) Any inventory which the dealer desires to keep, provided that the dealer has a contractual right to do so; (6) Any marine vessel or product which is not in new, unused, undamaged, and complete condition; (7) Any repair parts which are not in new, unused, and undamaged condition; (8) Any inventory which was ordered by the dealer on or after the date of receipt of the notification of termination of the franchise, selling, or other contractual agreement; or (9) Any inventory which was acquired by the dealer from any source other than the manufacturer, distributor, or wholesaler; or (10) Boats that have been altered substantially from original delivery. (e) If any manufacturer, distributor, or wholesaler shall fail or refuse to repurchase any inventory as required by this article within 60 days after termination of a dealers contract and submission by the dealer to the manufacturer, by certified mail or statutory overnight delivery, return receipt requested, of a final inventory of marine products and parts on hand, he or she shall be civilly liable not only for the amounts provided in subsection (b) of this Code section but also the dealers reasonable attorneys fees, court costs, and interest on the amount due for such inventory computed at the legal interest rate from the sixty-first day after termination. (f) 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 if the manufacturer, distributor, or wholesaler had terminated the contract, and the inventory repurchase provisions of this Code section shall apply. The heirs or devisees shall have until the end of the contract term or one year from the date of the death of the retailer or majority stockholder, whichever comes first, to exercise their option under this article; provided, however, that nothing in this article shall require the repurchase of inventory if the heirs
TUESDAY, APRIL 9, 2002
3311
or devisees and the manufacturer, distributor, or wholesaler enter into a new franchise agreement to operate the retail dealership."
SECTION 2. Said article is further amended by striking Code Section 10-1-678, relating to application of said article, and inserting in lieu thereof the following:
"10-1-678. The provisions of this article shall apply to any contract now in effect which has no expiration date and is a continuing contract and any other contract entered into or renewed on or after July 1, 2001 2002. Any contract in force and effect prior to July 1, 2001 2002, which by its own terms will terminate on a date subsequent thereto shall be governed by the law as it existed prior to July 1, 2001 2002."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Houston of the 166th moved that the House disagree to the Senate substitute to HB 1303.
The motion prevailed.
The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:
SB 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.
Representative Bannister of the 77th moved that the House insist on its position in substituting SB 328.
3312
JOURNAL OF THE HOUSE
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 has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 136 Do Pass, as Amended SB 381 Do Pass SB 447 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman
The Speaker announced the House in recess until 1:30 o'clock this afternoon.
TUESDAY, APRIL 9, 2002 AFTERNOON SESSION
3313
The Speaker called the House to order.
The following Resolutions of the House were read:
HR 1614. By Representative Ashe of the 46th: A RESOLUTION commending Rochelle Burns; and for other purposes.
HR 1615. By Representatives Smith of the 103rd, Yates of the 106th, Brown of the 130th and Westmoreland of the 104th:
A RESOLUTION recognizing and commending Bill O. Loftin; and for other purposes.
HR 1616. By Representatives Reed of the 52nd and Smyre of the 136th:
A RESOLUTION recognizing and commending Pastor Tony D. Roberts; and for other purposes.
HR 1617. By Representative Harbin of the 113th:
A RESOLUTION recognizing and commending Riverside Middle School; and for other purposes.
HR 1618. By Representative Lord of the 121st: A RESOLUTION commending Gail Griffin; and for other purposes.
HR 1619. By Representatives Parrish of the 144th, Coleman of the 142nd and Channell of the 111th:
A RESOLUTION commending the Pharmacia Corporation of Peapack, New Jersey; and for other purposes.
3314
JOURNAL OF THE HOUSE
HR 1620. By Representative Harbin of the 113th: A RESOLUTION recognizing and commending Stevens Creek Elementary School; and for other purposes.
HR 1621. By Representatives Ehrhart of the 36th and Wiles of the 34th: A RESOLUTION commending the Grabrik Baseball Club youth team; and for other purposes.
HR 1622. By Representative Powell of the 23rd: A RESOLUTION commending Wassie Vickery; and for other purposes.
HR 1623. By Representative Powell of the 23rd: A RESOLUTION in memory of Hudson Lewis Bell, Sr.; and for other purposes.
HR 1624. By Representative Powell of the 23rd: A RESOLUTION commending Charles Leroy "Buck" Simmons; and for other purposes.
HR 1625. By Representative Powell of the 23rd: A RESOLUTION commending Marie Loftis; and for other purposes.
HR 1626. By Representative Yates of the 106th: A RESOLUTION commending Charles Michael Joiner, Jr.; and for other purposes.
TUESDAY, APRIL 9, 2002
3315
HR 1627. By Representative Yates of the 106th: A RESOLUTION commending Retha Hollis Brown; and for other purposes.
HR 1628. By Representatives Royal of the 164th, Houston of the 166th and Scott of the 165th:
A RESOLUTION expressing regret at the passing of John Whitaker; and for other purposes.
HR 1629. By Representative Smith of the 91st:
A RESOLUTION paying tribute to Charles Turner Bell; and for other purposes.
HR 1630. By Representatives Parrish of the 144th, Coleman of the 142nd, Channell of the 111th and Hanner of the 159th:
A RESOLUTION commending Dr. Su Hua Newton; and for other purposes.
HR 1631. By Representative Squires of the 78th:
A RESOLUTION recognizing and commending Emily Jean Johnston; and for other purposes.
HR 1632. By Representative Squires of the 78th:
A RESOLUTION recognizing and commending Laura Marie Rossman; and for other purposes.
HR 1633. By Representative Burmeister of the 114th:
A RESOLUTION commending the Augusta State University men's basketball team; and for other purposes.
3316
JOURNAL OF THE HOUSE
HR 1634. By Representative Sims of the 167th:
A RESOLUTION honoring the memory of DeWayne King; and for other purposes.
HR 1635. By Representative Sims of the 167th: A RESOLUTION commending Max Lockwood; and for other purposes.
HR 1636. By Representative Reece of the 11th:
A RESOLUTION recognizing and commending James Leroy Massey; and for other purposes.
HR 1637. By Representative Millar of the 59th:
A RESOLUTION commending Dr. James R. Hallford, DeKalb County Schools' Superintendent; and for other purposes.
HR 1638. By Representatives Stallings of the 100th and West of the 101st:
A RESOLUTION recognizing and commending the City of Mt. Zion on its one hundred fiftieth anniversary; and for other purposes.
HR 1639. By Representatives Teper of the 61st and Houston of the 166th:
A RESOLUTION recognizing and commending Ray McKinnon; and for other purposes.
HR 1640. By Representatives Mueller of the 152nd, Stephens of the 150th, Childers of the 13th, Ehrhart of the 36th, Westmoreland of the 104th and others:
A RESOLUTION expressing condolences on the passing of Dr. Robert Grady Cash; and for other purposes.
TUESDAY, APRIL 9, 2002
3317
HR 1641. By Representatives Pelote of the 149th, Mueller of the 152nd, Stephens of the 150th, Jackson of the 148th and Day of the 153rd:
A RESOLUTION commending Gwendolyn P. Goodman; and for other purposes.
HR 1642. By Representatives Jackson of the 148th, Bordeaux of the 151st and Pelote of the 149th:
A RESOLUTION commending Professor Kenneth Sajwan; and for other purposes.
HR 1643. By Representatives Jackson of the 148th and Pelote of the 149th:
A RESOLUTION commending and congratulatring Alex Salter; and for other purposes.
HR 1644. By Representatives Jackson of the 148th, Bordeaux of the 151st and Pelote of the 149th:
A RESOLUTION commending Carolyn Hodges Bell; and for other purposes.
HR 1645. By Representatives Jackson of the 148th, Bordeaux of the 151st and Pelote of the 149th:
A RESOLUTION commending Andrew Hayes on becoming an Eagle Scout; and for other purposes.
HR 1646. By Representatives Jackson of the 148th, Bordeaux of the 151st and Pelote of the 149th:
A RESOLUTION commending Carlton E. Brown for receiving the American Association of Higher Education 2002 Black Caucus Chair Pacesetters Award; and for other purposes.
3318
JOURNAL OF THE HOUSE
HR 1647. By Representatives Buckner of the 95th, Ashe of the 46th, McClinton of the 68th, Hudson of the 120th, Smith of the 103rd and others:
A RESOLUTION commending the Atlanta Beat soccer team; and for other purposes.
HR 1648. By Representatives Parrish of the 144th, Porter of the 143rd, Coleman of the 142nd, Morris of the 155th and Channell of the 111th:
A RESOLUTION commending William M. Bates; and for other purposes.
HR 1649. By Representatives Day of the 153rd, Stephens of the 150th, Mueller of the 152nd, Jackson of the 148th, Pelote of the 149th and others:
A RESOLUTION expressing regret at the passing of Dr. Robert Grady Cash; and for other purposes.
On the adoption of the Resolutions, the roll call was ordered and the vote was as follows:
Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell
Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders
Bridges Brooks Y Broome Y Brown Y Buck Buckner Y Bulloch Bunn Y Burkhalter Burmeister Y Byrd E Callaway
Cox Y Crawford Y Cummings Y Davis
Day Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Dukes Y Ehrhart Epps Y Everett Y Floyd E Forster Franklin Y Gardner Y Golick Y Grasse Y Graves Greene Y Hammontree Y Hanner E Harbin
Y Hudgens Y Hudson, N Y Hudson, S
Hugley Irvin E Jackson, B Jackson, L James Jamieson Jenkins Y Jennings Y Johnson Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Lord Lucas Y Lunsford Maddox E Mangham Y Manning
Y Mueller Muntean
Y O'Neal Orrock Parham
Y Parrish Y Parsons
Pelote Pinholster Poag Porter Powell Purcell Ragas Randall Y Ray Reece Reed Y Reichert Y Rice Richardson Roberts, D Y Roberts, L Y Rogers Y Royal Sailor
Y Smith, B Y Smith, C
Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling
Snow Y Squires
Stallings Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Teague Y Teper Tillman Turnquest Y Twiggs Y Unterman Walker, L Y Walker, R.L Y Watson
Campbell Y Cash
Channell Y Childers Y Coan E Coleman, B
Coleman, T Y Collins
Connell Cooper
TUESDAY, APRIL 9, 2002
Y Harrell Heard Heckstall Hembree Henson
Y Hines Holland
Y Holmes Houston Howard
Massey McBee McCall Y McClinton McKinney Y Millar E Mills Mobley Morris Y Mosley
Y Sanders Y Scheid Y Scott
Seay Y Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper
On the adoption of the Resolutions, the ayes were 100, nays 0. The Resolutions were adopted.
3319
West Y Westmoreland Y Wiles Y Wilkinson
Willard Y Williams, J Y Williams, R Y Wix Y Yates Y Murphy, Speaker
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
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 following Senate substitute was read:
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; to provide definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
3320
JOURNAL OF THE HOUSE
SECTION 1. Code Section 33-23-12 of the Official Code of Georgia Annotated, relating to limited licenses, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) and adding a new subsection (d) to read as follows:
"(a) Except as provided in subsection (b) of this Code section for credit insurance licenses, and subsection (c) of this Code section for rental companies, and subsection (d) of this Code section for communications equipment, the Commissioner may provide by rule or regulation for licenses which are limited in scope to specific lines or sublines of insurance."
"(d)(1) As used in this subsection, the term 'communications equipment' shall mean handsets, pagers, personal digital assistants, portable computers, automatic answering devices, cellular telephones, batteries, and other devices or their accessories used to originate or receive communications signals or service for individual customer use only and includes services related to the use of such devices including, but not limited to, individual customer access to a wireless network. (2) The Commissioner shall issue limited licenses to each business location of a retail vendor of communications equipment which covers employees and authorized representatives of such retail vendors for the sale and offer for sale of insurance policies covering only the loss, theft, mechanical failure, or malfunction of or damage to communications equipment. (3) The sale of such insurance policies shall be limited to sales in connection with the sale of or provision of service for communications equipment by the retail vendor. (4) As a prerequisite for issuance of a limited license under this subsection, there shall be filed with the Commissioner a written application for such limited license, signed by the applicant or an officer of the applicant, on such form or forms, and supplements thereto, and containing such information as the Commissioner may prescribe. (5) Each retail vendor licensed pursuant to this subsection shall provide a training program in which employees and authorized representatives of the retail vendor are trained by a licensed instructor and receive basic insurance instruction about the kind of coverage authorized in this subsection and offered for purchase by prospective purchasers of communications equipment or service. (6) No prelicensing examination shall be required for issuance of such license."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Boggs of the 168th moved that the House agree to the Senate substitute to HB 1369.
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
Borders Bridges Brooks Y Broome Y Brown Y Buck Buckner Y Bulloch Y Bunn Y Burkhalter Burmeister Y Byrd E Callaway Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins Connell Cooper
TUESDAY, APRIL 9, 2002
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 Epps Y Everett Y Floyd E Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner E Harbin Y Harrell Y Heard Y Heckstall Hembree Y Henson Y Hines Holland Y Holmes Y Houston Howard
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin E Jackson, B
Jackson, L 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 Maddox E Mangham Y Manning Y Massey McBee Y McCall Y McClinton McKinney Millar E Mills Mobley Y Morris Y Mosley
Y Mueller Y Muntean
O'Neal Y Orrock Y Parham Y Parrish Y Parsons
Pelote Y Pinholster Y Poag
Porter Powell Y Purcell Y Ragas Randall Y Ray 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
On the motion, the ayes were 131, nays 0. The motion prevailed.
3321
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
Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L
Walker, R.L Y Watson
West Y Westmoreland Y Wiles Y Wilkinson
Willard Y Williams, J Y Williams, R Y Wix
Yates Murphy, Speaker
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 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
3322
JOURNAL OF THE HOUSE
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.
The report of the Committee, which was favorable to the 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
Borders Bridges Brooks Y Broome Y Brown Y Buck Buckner Y Bulloch Y Bunn Y Burkhalter Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan E 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 Y Dodson Y Drenner Dukes Y Ehrhart Epps Y Everett Floyd E Forster Y Franklin Gardner Y Golick Y Grasse 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 Howard
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin E Jackson, B Y Jackson, L
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
Maddox E Mangham Y Manning Y Massey
McBee Y McCall Y McClinton
McKinney Y Millar E Mills
Mobley Y 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
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
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
Teague Y Teper
Tillman Y Turnquest Y Twiggs Y 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 139, nays 0. The Bill, having received the requisite constitutional majority, was passed.
TUESDAY, APRIL 9, 2002
3323
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.
The following substitute, offered by Representative Cummings of the 27th, 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 change a certain definition; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking in its entirety subsection (a) of Code Section 47-1-14, relating to the exemption of retirement system records from public inspection, and inserting in lieu thereof the following:
"(a) As used in this Code section, the term 'retirement system' means any public retirement system created by this title. Such term also means any association of like political subdivisions the purpose of which is the pooling of funds for retirement or pension purposes."
SECTION 2. Said title is further amended by striking in its entirety subsection (j) of Code Section 472-96, relating to prior service credit in the Employees Retirement System of Georgia
3324
JOURNAL OF THE HOUSE
and related matters, and inserting in lieu thereof the following: "(j) Anything in this chapter to the contrary notwithstanding, any member who was on active duty in the armed forces of the United States during any period during which a military draft was in effect, and any member who served an uninterrupted period of active duty which began during any such period, may receive military service credit for such period of active duty up to a maximum of two years, provided that such member shall pay the regular employee contribution of 5 percent of the compensation last paid to such member as an employee before entering military service or 5 percent of the compensation first paid to such member as an employee after returning from military service plus 4 1/2 percent interest on such employee contributions, compounded annually to date of payment; provided, further, that no service in the armed forces shall be deemed as creditable under any provisions of this chapter if such service has or will be used in the determination of any members eligibility for retirement benefits or allowances from any other state or federal retirement program, excluding social security and those retirement programs covered under Public Law 810, 80th Congress, as amended. Notwithstanding any other time limitation provided in this chapter for obtaining creditable service for military service, a qualified member may obtain creditable service pursuant to the provisions of this subsection by making application therefor prior to December 31, 2001 2003."
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, 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 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 Y Irvin E Jackson, B Y Jackson, L
James
Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons
Pelote
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 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
Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins
Connell Cooper
TUESDAY, APRIL 9, 2002
Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart
Epps Y Everett Y Floyd E Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner E Harbin Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston
Howard
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
Maddox E Mangham
Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar E Mills
Mobley Y Morris Y Mosley
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
Sims Y Sinkfield Y Skipper
3325
Y Snelling Y Snow Y Squires
Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper
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
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 following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
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 Senate substitute was read:
3326
JOURNAL OF THE HOUSE
A BILL
To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to amend Article 5 of Chapter 5 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 the crime of endangerment of a child under the age of 16; 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 amend Code Section 17-3-2.1 of the Official Code of Georgia Annotated, relating to prosecution of certain offenses, so as to extend the time from which the applicable period within which a prosecution must be commenced begins to run; 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 an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 16 of the Official Code of Georgia Annotated, relating to 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. Said title is further amended by adding a new Code Section 16-5-73 to follow Code Section 16-5-72, relating to reckless abandonment, to read as follows:
"16-5-73. (a) A parent, guardian, or other person having immediate control or custody of a child under the age of 16 commits the offense of endangering a child in the first degree if the person intentionally or with criminal negligence engages in conduct that causes death, bodily injury, or mental injury to the child. (b) A parent, guardian, or other person having immediate control or custody of a child under the age of 16 commits the offense of endangering a child in the second degree if the person intentionally or with criminal negligence engages in conduct that places the child in imminent danger of death, bodily injury, or mental injury. A parent, guardian, or other person having immediate control or custody of a child under the age of 16 may not be held criminally liable under this subsection if there was a reasonable
TUESDAY, APRIL 9, 2002
3327
apprehension in the mind of the parent, guardian, or other person having immediate control or custody of the child that an act or failure to act would result in serious bodily injury caused by the family violence primary aggressor.
(c)(1) Any person who violates subsection (a) of this Code section shall be guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than 20 years. (2) Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor. (d) Any violation of this Code section shall be in addition to any other offense as provided by law. (e) Nothing in this Code section shall prohibit the use of the affirmative defense of: (1) Justification where a parent or person in loco parentis conducts reasonable discipline of a child under the age of 16 as provided in paragraph (3) of Code Section 16-3-20; or (2) Any other affirmative defense as provided by law."
SECTION 2A. Code Section 17-3-2.1 of the Official Code of Georgia Annotated, relating to prosecution of certain offenses, is amended by striking subsection (a) and inserting the following:
"(a) If the victim of a violation of: (1) Code Section 16-5-70, relating to cruelty to children; (2) Code Section 16-6-1, relating to rape; (3) Code Section 16-6-2, relating to sodomy and aggravated sodomy; (4) Code Section 16-6-3, relating to statutory rape; (5) Code Section 16-6-4, relating to child molestation and aggravated child molestation; (6) Code Section 16-6-5, relating to enticing a child for indecent purposes; or (7) Code Section 16-6-22, relating to incest,
is under 16 years of age on the date of the violation, the applicable period within which a prosecution must be commenced under Code Section 17-3-1 or other applicable statute shall not begin to run until the victim has reached the age of 16 30 or the violation is reported to a law enforcement agency, prosecuting attorney, or other governmental agency, whichever occurs earlier. Such law enforcement agency or other governmental agency shall promptly report such allegation to the appropriate prosecuting attorney."
SECTION 3. Said title relating to crimes and offenses, is further amended by striking paragraph (4) of subsection (a) of Code Section 16-12-1, relating to contributing to the delinquency, unruliness, or deprivation of a minor, and inserting in lieu thereof the following:
(4) "Serious injury" means an injury involving a broken bone, the loss of a member of the body, the loss of use of a member of the body, or the substantial disfigurement of the body or of a member of the body, or an injury which is life
3328
JOURNAL OF THE HOUSE
threatening, or any sexual abuse of a child under 16 years of age by means of an act described in subparagraph (a)(4)(A), (a)(4)(G), or (a)(4)(I) of Code Section 16-12100.
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.
Representative Barnes of the 97th moved that the House disagree to the Senate substitute to HB 1062.
The motion prevailed.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the Senate were taken up for consideration and read the third time:
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.
The following Committee substitute was read and adopted:
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 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.
TUESDAY, APRIL 9, 2002
3329
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 3 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the Georgia Veterans Cemetery, is amended by striking said part in its entirety and inserting in lieu thereof a new Part 3 to read as follows:
"Part 3
38-4-70. (a) The Department of Veterans Service is authorized to establish, operate, and maintain a Georgia Veterans Cemetery Georgia veterans cemeteries in this state.; provided, however, that the Georgia veterans cemetery in existence on July 1, 2002, shall be known as the 'Georgia Veterans Memorial Cemetery.' (b) The Department of Veterans Service has the primary responsibility for verifying eligibility for interment in the Georgia Veterans Cemetery a Georgia veterans cemetery. Eligibility criteria for interment in the Georgia Veterans Cemetery a Georgia veterans cemetery is the same as required for interment in a national cemetery as provided by federal law and rules and regulations applicable thereto; provided, however, that to be eligible for interment a veteran must have been a legal resident of Georgia for two years immediately prior to his or her death.
38-4-71. (a) The Georgia Veterans Cemetery Each Georgia veterans cemetery shall be under the control and administration of the Department of Veterans Service. (b) Applications for interment in the Georgia Veterans Cemetery a Georgia veterans cemetery shall be processed in accordance with rules and regulations promulgated by the Department of Veterans Service.
38-4-72. The Department of Veterans Service is designated as the agency of this state to receive federal aid under Title 38 U.S.C., as amended, and is authorized and directed to receive funds from the United States Department of Veterans Affairs or any other agency of the United States authorized to grant or expend funds to assist a state in establishing, operating, and maintaining a veterans veterans cemetery. The Department of Veterans Service is authorized to receive gifts, contributions, bequests, and individual reimbursements from any source, the receipt of which shall not exclude any other source of revenue. All funds received by the Department of Veterans Service pursuant to this Code section shall be expended to establish, operate, and maintain a veterans cemetery veterans cemeteries in this state. The Department of Veterans Service is authorized to employ such personnel as it may deem necessary to carry out its duties and responsibilities under this part."
3330
JOURNAL OF THE HOUSE
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson Y Anderson Y Ashe 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
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
Cooper
Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner
Dukes Y Ehrhart
Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner E Harbin Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston
Howard
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin E Jackson, B Y Jackson, L
James Y Jamieson Y Jenkins Y Jennings Y Johnson
Jordan E Joyce Y Kaye Y Keen
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 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 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 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
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 158, nays 0.
TUESDAY, APRIL 9, 2002
3331
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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.
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 E Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins
Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse 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 Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin E Jackson, B Y Jackson, L
James Y Jamieson
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 E Mangham
Manning Y Massey
McBee Y McCall Y McClinton Y McKinney Y Millar E 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
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 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
3332
Y Connell Y Cooper
JOURNAL OF THE HOUSE
Y Houston Howard
Y Morris Y Mosley
Y Sinkfield Y Skipper
Y Yates Murphy, Speaker
On the adoption of the Resolution, the ayes were 159, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.
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.
Representative Walker of the 141st assumed the chair.
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.
The report of the Committee, which was favorable to the 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 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 Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin E Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson
Jordan E Joyce Y Kaye Y Keen
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 Y Randall Y Ray
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 Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd E Callaway Y Campbell
Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins
Connell Y Cooper
TUESDAY, APRIL 9, 2002
Y Forster Y Franklin Y Gardner Y Golick Y Grasse 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
Howard
Y Knox Y Lane Y Lanier Y Lewis
Lord Y Lucas Y Lunsford Y Maddox E Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley
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
3333
Y Taylor Teague
Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L
Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, 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.
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 437 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:
3334
JOURNAL OF THE HOUSE
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:
HR 1536 Do Pass, by Substitute SB 451 Do Pass
SB 501 Do Pass, by Substitute SB 546 Do Pass, by Substitute
Respectfully submitted, /s/ Childers of the 13th
Chairman
Representative Hudson of the 156th District, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 500 Do Pass, by Substitute
Respectfully submitted, /s/ Hudson of the 156th
Chairman
Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 296 Do Pass SB 401 Do Pass, by Substitute
TUESDAY, APRIL 9, 2002
3335
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 1321 Do Pass HR 1328 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 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.
The following Committee substitute was read:
A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles
3336
JOURNAL OF THE HOUSE
and traffic, so as to regulate the use of electric personal assistive mobility devices; to define certain terms; to change certain provisions relating to powers of local authorities generally; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code section 40-1-1, relating to definitions, by inserting a new paragraph (15.6) to read as follows:
"(15.6) 'Electric personal assistive mobility device' or 'EPAMD' means a selfbalancing, two nontandem wheeled device designed to transport only one person and having an electric propulsion system with average power of 750 watts (1 horsepower) and a maximum speed of less than 20 miles per hour on a paved level surface when powered solely by such propulsion system and ridden by an operator who weighs 170 pounds."
SECTION 2. Said title is further amended in said Code Section 40-1-1 by striking paragraph (33) and inserting in lieu thereof the following:
"(33) 'Motor vehicle' means every vehicle which is self-propelled, other than an electric personal assistive mobility device (EPAMD)."
SECTION 3. Said title is further amended in Article 13 of Chapter 6, relating to special provisions for certain vehicles, by adding a new Part 5 to read as follows:
"Part 5
40-6-360. Any person operating an electric personal assistive mobility device on a sidewalk or roadway shall comply with the requirements of this part or any local ordinance regulating the use of such devices pursuant to Code Section 40-6-371 and shall exercise due care to avoid colliding with, and shall yield the right of way to, persons traveling on foot.
40-6-361. No person shall operate an electric personal assistive mobility device at a speed greater than seven miles per hour when traveling on any sidewalk or 15 miles per hour elsewhere; provided, however, that a county or municipal governing authority or the commissioner of transportation may further restrict the speed of such devices in locations where pedestrian traffic is congested and there is a significant speed differential between pedestrians and operators of such devices.
TUESDAY, APRIL 9, 2002
3337
40-6-362. (a) An electric personal assistive mobility device may be parked on a sidewalk unless otherwise prohibited or restricted by an official traffic control device or local ordinance; provided, however, that in no case shall a personal assistive mobility device be parked on any sidewalk in such a manner as to prevent the movement of a wheelchair. (b) An electric personal assistive mobility device shall not be parked on any roadway in such a manner as to prevent the movement of a legally parked motor vehicle. (c) Except as otherwise provided in this Code section, any person operating an electric personal assistive mobility device shall be subject to the same parking restrictions as provided for motor vehicles under Part 1 of Article 10 of this chapter. All violations of parking restrictions shall be deemed the responsibility of the owner of such device; and, for purposes of parking restrictions, the owner shall be deemed to be in control of the device at the time of a parking violation involving such device, and no evidence of actual control by such owner need be proven as an element of the offense.
40-6-363. No person shall carry or transport any hazardous materials on an electric personal assistive mobility device. Oxygen carried for personal medical reasons shall not be deemed a hazardous material for purposes of this Code section.
40-6-364. (a) Any electric personal assistive mobility device, when operated on any highway or sidewalk, shall be equipped with front, rear, and side reflectors which shall be visible from a distance of 300 feet when directly in front of lawful upper beams of headlights on a motor vehicle; a system that when employed will enable the operator to bring the device to a controlled stop; and, if the device is operated between one-half hour after sunset and one-half hour before sunrise, a lamp emitting a white light which, while the device is in motion, illuminates the area in front of the operator for a distance of 300 feet. (b) Any person of any age operating an electric personal assistive mobility device on any highway shall wear protective headgear which meets or exceeds the impact standards for bicycle helmets required by Code Section 40-6-296.
40-6-365. A person who is under the influence of any intoxicating liquor or any drug to a degree which renders him or her a hazard shall not operate any electric personal assistive mobility device on any highway or sidewalk. Violation of this Code section shall be a misdemeanor, punishable upon conviction by a fine not to exceed $500.00.
40-6-366. Any person who violates any provision of this part other than Code Section 40-6-366 shall not be guilty of a criminal offense or a moving traffic violation for purposes of
3338
JOURNAL OF THE HOUSE
Code Section 40-5-57 but shall be subject to a civil penalty not to exceed $500.00."
SECTION 4. Said title is further amended in subsection (a) of Code Section 40-6-371, relating to powers of local authorities generally, by inserting a new paragraph to read as follows:
"(18.1) Regulating the operation of electric personal assistive mobility devices, provided that such regulations are no less restrictive than those imposed by Part 5 of Article 13 of this chapter;"
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:
Representative Franklin of the 39th moves to amend the Committee substitute to SB 397 as follows:
Page 2, line 30, after "reasons" add:
"and firearms".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Allen Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes
Bell N Benfield N Birdsong N Black Y Boggs N Bordeaux N Borders Y Bridges
Brooks
Y Cox Y Crawford
Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps N Everett N Floyd
Y Hudgens N Hudson, N
Hudson, S N Hugley Y Irvin E Jackson, B N Jackson, L
James N Jamieson Y Jenkins Y Jennings N Johnson N Jordan E Joyce Y Kaye Y Keen
Y Mueller Y Muntean Y O'Neal N Orrock N Parham Y Parrish Y Parsons N Pelote Y Pinholster N Poag N Porter Y Powell N Purcell N Ragas N Randall N Ray
Y Smith, B 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 Broome Y Brown N Buck N Buckner N Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd E Callaway
Campbell Y Cash Y Channell
Childers Y Coan E Coleman, B N Coleman, T Y Collins N Connell Y Cooper
TUESDAY, APRIL 9, 2002
Y Forster Y Franklin N Gardner E Golick Y Grasse
Graves N Greene Y Hammontree N Hanner E Harbin N Harrell N Heard N Heckstall Y Hembree N Henson Y Hines Y Holland N Holmes N Houston
Howard
Y Knox Lane
Y Lanier Y Lewis N Lord N Lucas Y Lunsford
Maddox E Mangham Y Manning Y Massey N McBee Y McCall N McClinton Y McKinney Y Millar E Mills N Mobley Y Morris Y Mosley
N Reece N Reed N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L Y Rogers N Royal
Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper
On the adoption of the amendment, the ayes were 76, nays 75. The Chair voted "nay". The amendment was lost.
3339
N Taylor Teague
N Teper N Tillman
Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L
Watson West Y Westmoreland Y Wiles Y Wilkinson Y Willard Williams, J Y Williams, R N Wix Y Yates Murphy, Speaker
Representative Franklin of the 39th moved that the House reconsider its action in failing to adopt the Franklin amendment.
On the motion, the roll call was ordered and the vote was as follows:
N Allen Y Amerson N Anderson N Ashe
Bannister N Barnard N Barnes
Bell N Benfield N Birdsong N Black Y Boggs N Bordeaux N Borders Y Bridges
Brooks N Broome Y Brown
Y Cox Y Crawford N Cummings N Davis Y Day
Dean N Deloach, B Y Deloach, G Y Dix N Dodson Y Drenner N Dukes Y Ehrhart N Epps N Everett N Floyd Y Forster Y Franklin
Y Hudgens N Hudson, N
Hudson, S N Hugley Y Irvin E Jackson, B N Jackson, L
James N Jamieson N Jenkins Y Jennings N Johnson N Jordan E Joyce Y Kaye Y Keen Y Knox N Lane
Mueller Y Muntean Y O'Neal N Orrock
Parham N Parrish
Parsons N Pelote Y Pinholster N Poag N Porter N Powell N Purcell N Ragas N Randall N Ray N Reece N Reed
N Smith, B 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
Stanley N Stanley-Turner Y Stephens N Stokes N Taylor
Teague
3340
N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd E Callaway
Campbell Y Cash Y Channell
Childers Y Coan E Coleman, B N Coleman, T Y Collins
Connell Y Cooper
JOURNAL OF THE HOUSE
N Gardner E Golick Y Grasse Y Graves N Greene Y Hammontree N Hanner E Harbin N Harrell N Heard N Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston
Howard
Y Lanier Y Lewis
Lord Lucas Y Lunsford Maddox E Mangham Y Manning Y Massey N McBee N McCall N McClinton N McKinney Y Millar E Mills N Mobley Y Morris N Mosley
N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L Y Rogers N Royal
Sailor Sanders Scheid Y Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper
On the motion, the ayes were 62, nays 84. The motion was lost.
N Teper N Tillman
Turnquest N Twiggs Y Unterman
Walker, L Y Walker, R.L
Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Williams, J Y Williams, R N Wix Y Yates N Murphy, Speaker
The following amendment was read:
Representatives Ray of the 128th and Jenkins of the 110th move to amend the Committee substitute to SB 397 as follows:
After line 26 on page 3 add the following new Section 5:
"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, is amended by inserting at the end thereof a new Code Section 40-8-35 to read as follows:
'40-8-35. Any motor vehicle operated as a garbage truck or sanitation truck for the purpose of hauling garbage shall display two amber strobelights so as to warn approaching travelers to decrease their speed because of the danger of colliding with such truck as it stops and starts along the highway. Such amber lights should be visible under normal atmospheric conditions from a distance of 500 feet from the front and the rear of such truck.'"
Renumber accordingly.
TUESDAY, APRIL 9, 2002
3341
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 N Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges
Brooks Y Broome N Brown Y Buck Y Buckner N Bulloch N Bunn Y Burkhalter N Burmeister Y Byrd E Callaway
Campbell N Cash Y Channell Y Childers N Coan E 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 N Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin
Gardner E Golick N Grasse
Graves Y Greene N Hammontree Y Hanner E Harbin Y Harrell Y Heard Y Heckstall Y Hembree
Henson N Hines Y Holland N Holmes
Houston Howard
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley N Irvin E Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings Y Johnson
Jordan E Joyce
Kaye Keen N Knox Lane Y Lanier N Lewis Y Lord Y Lucas Lunsford Y Maddox E Mangham Manning N Massey Y McBee Y McCall N McClinton N McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley
N Mueller N Muntean
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 N Reece N Reed Y Reichert Y Rice N Richardson Y Roberts, D Y Roberts, L N Rogers Y Royal
Sailor N Sanders Y Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
Y Smith, B 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
Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper Y Tillman
Turnquest Y Twiggs
Unterman Walker, L N Walker, R.L Watson N West Y Westmoreland Y Wiles Y Wilkinson Willard Williams, J N Williams, R Wix Y Yates Murphy, Speaker
On the adoption of the amendment, the ayes were 111, nays 32. The amendment was adopted.
The following amendment was read and adopted:
Representative Shanahan of the 10th moves to amend the Committee substitute to SB 397 by inserting immediately following line 1 of page 2 the following:
3342
JOURNAL OF THE HOUSE
"40-6-360. (a) Electric personal assistive mobility devices may be operated on sidewalks where a 48 inch clear path is maintained for access for persons with disabilities and highways, provided that any person operating such a device shall have the same rights and duties as prescribed for pedestrians in Article 5 of this chapter and except as otherwise provided in this part. (b) No person shall operate any electric personal assistive mobility device on the roadway of any highway unless:
(1) The maximum speed limit of the roadway is 35 miles per hour or less; or (2) The roadway has a separately striped bicycle lane and the device is operated within the bicycle lane. (c) When traveling in any roadway or a highway, any person operating an electric personal assistive mobility device shall travel in the same direction authorized for motor vehicle traffic on such roadway."
By renumbering Code Sections 40-6-360 through 40-6-366 on lines 2, 7, 14, and 28 of page 2 and lines 1, 12, and 17 of page 3 as Code Sections 40-6-361 through 40-6-367, respectively.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Y Allen N 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 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 Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin E 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 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 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 Brown Y Buck Y Buckner Y Bulloch N Bunn Y Burkhalter Y Burmeister Y Byrd E Callaway
Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins Y Connell
Cooper
TUESDAY, APRIL 9, 2002
N Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree
Hanner E Harbin Y 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
Lunsford Y Maddox E Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y 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 N Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
3343
Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L
Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 152, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Representative Davis of the 60th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
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.
3344
JOURNAL OF THE HOUSE
The following Committee substitute was read and adopted:
A BILL
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 Official Code of Georgia Annotated, relating to crimes and offenses, so as to define the activity of domestic terrorism; to define, prohibit, and punish domestic terrorism; to provide that the commission of murder in the course of domestic terrorism shall be an aggravating circumstance for purposes of application of the death penalty; to provide that domestic terrorism activities shall be subject to the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act"; to provide for other related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as "Georgias Homeland Defense Act."
SECTION 2. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by inserting after Code Section 16-4-9 a new Code Section 16-4-10 to read as follows:
"16-4-10. (a) As used in this Code section, 'domestic terrorism' means any violation of, or attempt to violate, the laws of this state or of the United States which:
(1) Is intended or reasonably likely to injure or kill not less than ten individuals as part of a single unlawful act or a series of unlawful acts which are interrelated by distinguishing characteristics; and
(2)(A) Is intended to intimidate the civilian population of this state, any of its political subdivisions, or of the United States; (B) Is intended to alter, change, or coerce the policy of the government of this state or any of its political subdivisions by intimidation or coercion; or (C) Is intended to affect the conduct of the government of this state or any of its political subdivisions by use of destructive devices, assassination, or kidnapping. (b) Notwithstanding any other provision of law, any person who commits, attempts to commit, conspires to commit, or solicits, coerces, or intimidates another to commit a violation of the laws of this state or of the United States for the purpose of domestic terrorism shall, except in cases for which the death penalty may be imposed and the state has served notice of its intention to seek the death penalty, be sentenced to the maximum term of imprisonment and a fine not to exceed the amount prescribed by
TUESDAY, APRIL 9, 2002
3345
Code Section 17-10-8, which penalty shall not be suspended, stayed, probated, or withheld. (c) In addition to any other provision of law, evidence that a person committed an offense for which the death penalty may be imposed under the laws of this state for the purpose of domestic terrorism shall be admissible during the sentencing phase as a statutory aggravating circumstance. It shall be the duty of the judge to consider, or to instruct the jury to consider, in addition to the statutory aggravating circumstances provided in Code Section 17-10-30, that the offense was committed for the purpose of domestic terrorism."
SECTION 3. Said Title 16 is further amended by striking paragraph (8) of Code Section 16-14-3, relating to definitions applicable to the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," and inserting in its place a new paragraph to read as follows:
"(8) 'Pattern of racketeering activity' means: (A) Engaging engaging in at least two acts of racketeering activity in furtherance of one or more incidents, schemes, or transactions that have the same or similar intents, results, accomplices, victims, or methods of commission or otherwise are interrelated by distinguishing characteristics and are not isolated incidents, provided at least one of such acts occurred after July 1, 1980, and that the last of such acts occurred within four years, excluding any periods of imprisonment, after the commission of a prior act of racketeering activity; or (B) Engaging in any one or more acts of domestic terrorism as described in subsection (a) of Code Section 16-4-10 or any criminal attempt, criminal solicitation, or criminal conspiracy related thereto."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The provisions of this Act defining, redefining, or changing the punishment for crimes shall apply with respect to acts committed on or after that effective date; and in these respects prior law shall continue to apply with respect to acts committed prior to that effective date.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
3346
JOURNAL OF THE HOUSE
Y Allen N Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong
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 E Callaway Y Campbell Y Cash
Channell Y Childers Y Coan E Coleman, B
Coleman, T Y Collins Y Connell Y Cooper
Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree
Hanner E 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 E Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson
Jordan E Joyce Y Kaye Y Keen N Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas
Lunsford Y Maddox E Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton N McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley
Y Mueller Y Muntean 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 Reichert Y Rice
Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
Y Smith, B Y Smith, C Y Smith, C.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
Walker, L Y Walker, R.L
Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Williams, J Y Williams, R
Wix Yates Murphy, Speaker
On the passage of the Bill, by substitute, the ayes were 149, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following Bills of the House were taken up for the purpose of considering the Senate substitute or amendment thereto:
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.
TUESDAY, APRIL 9, 2002
3347
The following Senate substitute was read:
A BILL
To provide a new charter for the City of Lavonia; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for a city manager and certain duties and powers relative thereto; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.
This city and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the name and style Lavonia, Georgia, and by that name shall have perpetual succession.
SECTION 1.11. Corporate boundaries.
(a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the
3348
JOURNAL OF THE HOUSE
manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof to be retained permanently in the office of Mayor and to be designated, as the case may be: "Official Map of the corporate limits of the City of Lavonia, Georgia." Photographic, typed, or other copies of such map or description certified by the city manager shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
SECTION 1.12. Powers and construction.
(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all powers of selfgovernment not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city.
SECTION 1.13. Examples of powers.
The powers of this city shall include, but not be limited to, the following: (1) Air and Water Pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal Regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (3) Appropriations and Expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (4) Building Regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades;
TUESDAY, APRIL 9, 2002
3349
(5) Business Regulation and Taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and processions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to firefighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefitting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General Health, Safety, and Welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail Sentences. To provide that persons given jail sentences in the citys court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for commitment of such persons to any jail or to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal Agencies and Delegation of Power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city, and to confer
3350
JOURNAL OF THE HOUSE
upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal Debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal Property Ownership. To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal Property Protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, cable television, and any other public utility; to fix the penalties and to provide for the withdrawal of service for refusal or failure to pay the same; to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and Zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and esthetically pleasing community; (24) Police and Fire Protection. To exercise the power of arrest through duly appointed police and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public Hazards; Removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public Improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by
TUESDAY, APRIL 9, 2002
3351
condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (27) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public Utilities and Services. To grant franchises or make contracts for public utilities and public services; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (30) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; to authorize and control the construction of bridges, overpasses and underpasses within the corporate limits of the city; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) Sewer Fees. To levy a fee, charge, or sewer tax as necessary to ensure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (34) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin,
3352
JOURNAL OF THE HOUSE
aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (35) Special Areas of Public Regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit adult oriented businesses, including, but not limited to, fortune telling, palmistry, adult bookstores, and massage parlors; (36) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: Ad Valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law. (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban Redevelopment. To organize and operate an urban redevelopment program; and (41) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the constitution or applicable laws of the State of Georgia.
SECTION 1.14. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into the execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
TUESDAY, APRIL 9, 2002
3353
ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. City council creation, number, election.
The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four council members. The mayor and council members shall be elected in the manner provided by this charter.
SECTION 2.11. City council terms and qualifications for office.
The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless they shall be 21 years of age on or before the date of the election and shall have been a resident of the city for one year immediately prior to the date of the election of mayor or members of the city council. Each shall continue to reside therein during their period of service and to be registered and qualified to vote in municipal elections of this city.
SECTION 2.12. Vacancy; filling of vacancies.
(a) Vacancies - The office of mayor or council member shall become vacant upon the incumbents death, resignation, removal of residence from city, missing four consecutive city council meetings without leave from council, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. (b) Suspension - Upon the suspension from office of mayor or council member in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled for the remainder of the unexpired term, if any, as provided for in this charter.
SECTION 2.13. Compensation and expenses.
The mayor and council members shall receive compensation and expenses for their services as provided by ordinance.
3354
JOURNAL OF THE HOUSE
SECTION 2.14. Conflicts of interest; holding other offices.
(a) Conflict of Interest - No elected official, appointed officer, or employee of the city or any political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction, or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (2) Engage in or accept private employment, or render services for private interests, when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair the independence of their judgment or action in the performance of their official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which they are engaged without the proper legal authorization; or use such information to advance the financial or other private interest of themselves or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to their knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which they are engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign. Valuables are defined as gifts worth over $50.00; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; and (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has financial interest. (b) Disclosure - Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any council member who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and they shall disqualify themselves from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) Use of Public Property - No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in
TUESDAY, APRIL 9, 2002
3355
accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Contracts Voidable and Rescindable - Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city official. (e) Ineligibility of Elected Official - Except where authorized by law, neither the mayor nor any council member shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which they were elected. No former mayor and no former council member shall hold any compensated appointive office in the city until one year after the expiration of the term for which they were elected. (f) Political Activities of Certain Officers and Employees -No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. (g) Penalties for Violation -
(1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited their office or position. (2) Any officer or employee of the city who shall forfeit their office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.
SECTION 2.15. Inquiries and investigations.
The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance.
SECTION 2.16. General power and authority of the city council.
Except as otherwise provided by the charter, the city council shall be vested with all the powers of government of this city as provided by Article I of this charter.
SECTION 2.17. Eminent domain.
3356
JOURNAL OF THE HOUSE
The city council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, cable television systems, gas systems, airports, hospitals, and charitable educational, recreational, sport curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city; and, to regulate the use thereof and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.
SECTION 2.18. Oath of office.
The oath of office shall be administered by a person duly authorized by law to administer oaths to the newly elected members as follows:
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (council member) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America."
SECTION 2.19. Regular and special meetings.
(a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or two members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council members presence. Only the business stated in the call may be transacted at the special meeting without unanimous consent of such council members present. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made as required by law.
SECTION 2.20. Rules of procedure.
(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record.
TUESDAY, APRIL 9, 2002
3357
(b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at the mayors pleasure. The mayor shall have the power to appoint new members to any committee at any time.
SECTION 2.21. Quorum: voting.
(a) Three council members shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three council members shall be required for the adoption of any ordinance or resolution. (b) In the event vacancies in office result in less than a quorum of council members holding office, then the remaining council members in office shall constitute a quorum and shall be authorized to transact business of the city council. A unanimous vote of all members of the remaining council shall be required for the adoption of any ordinance or resolution.
SECTION 2.22. Ordinance form; procedures.
(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The Council of the City of Lavonia hereby ordains. . ." and every ordinance shall so begin. (b) An ordinance may be introduced by any council member and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24 of this charter. Upon introduction of any ordinance, the city clerk shall as soon as possible distribute a copy to the mayor and to each council member and shall file a reasonable number of copies in the office of the city clerk and at such other places as the city council may designate.
SECTION 2.23. Action requiring an ordinance.
Acts of the city council which have the force and effect of law shall be enacted by ordinance.
SECTION 2.24. Emergencies.
3358
JOURNAL OF THE HOUSE
To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or two council members and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least a majority of the council members present shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
SECTION 2.25. Codes of technical regulations.
(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that:
(1) The requirements of subsection (b) of Section 2.22 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for purchase at a reasonable price.
SECTION 2.26. Signing; authenticating; recording; codification; printing.
(a) The city clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and
TUESDAY, APRIL 9, 2002
3359
regulations as the city council may specify. This compilation shall be known and cited officially as "Code of Ordinances, City of Lavonia, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 2.27. City manager; appointment; qualifications; compensation.
The city council may employ a city manager for an indefinite term and shall fix the city managers compensation. The city manager shall be employed solely on the basis of the city managers executive and administrative qualifications.
SECTION 2.28. Election of mayor; forfeiture; compensation.
The mayor shall be elected and serve for a term of four years and until the mayors successor is elected and qualified. The mayor shall be a qualified elector of this city, and the mayor shall be 21 years of age on or before the date of the election, and the mayor shall have been a resident of the city for one year immediately preceding the mayors election. The mayor shall continue to reside in this city during the period of the mayors service. The mayor shall forfeit the mayors office on the same grounds and under the same procedure as for council members. The compensation of the mayor shall be established in the same manner as for council members.
SECTION 2.29. Chief executive officer.
The mayor shall be the chief executive officer of this city. The mayor shall possess all of the executive and administrative power granted to the city under the constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter.
3360
JOURNAL OF THE HOUSE
SECTION 2.30. Powers and duties of mayor.
As the chief executive of this city, the mayor shall: (1) Vote at city council meetings only in the case of a tie vote by council members; (2) See that all laws and ordinances of the city are faithfully executed; (3) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (4) Prepare and submit to the city council a recommended operating budget and recommended capital budget; (5) Provide for an annual audit of all accounts of the city and such other information as the city council may request from time to time; (6) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as they may deem expedient; (7) Call special meetings of the city council as provided in subsection (b) of Section 2.19 of this charter; (8) Require any department or agency of the city to submit written reports whenever they deem it expedient; and (9) Perform such other duties as may be required by law, this charter, or by ordinance.
SECTION 2.31. Mayor pro tempore, election.
By a majority vote, the city council shall elect a council member to serve as mayor pro tempore.
SECTION 2.32. Mayor pro tempore, power and duties.
During the absence or disability of the mayor for any cause, the mayor pro tempore, or in the mayor pro tempores absence or disability for any reason any one of the council members chosen by a majority vote of the city council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of all council members.
ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and service departments.
TUESDAY, APRIL 9, 2002
3361
(a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties, and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the heads of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and heads of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a head of each department or agency who shall be its principal officer. Each department head shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of his or her department or agency. (e) The power to employ or to discharge any employee of the city is vested in the city council. The city council may promulgate such policies as necessary for the administration and direction of the affairs and operations of the city and its employment practices.
SECTION 3.11. Boards, commissions and authorities.
(a) The city council shall create by ordinances such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provide by charter or by law, no member of any board, commission, or authority created pursuant to subsection (c) of this section above shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the city clerk an oath obligating himself or herself to faithfully and impartially perform the duties of that office, such oath to be prescribed by ordinance and administered by the mayor.
3362
JOURNAL OF THE HOUSE
(g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the city clerk.
SECTION 3.12. City attorney.
The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the citys affairs; and shall perform such other duties as may be required of the city attorney by virtue of the position as city attorney. The city attorney shall serve at the discretion of the city council.
SECTION 3.13. City clerk.
The city council may appoint a city clerk who shall not be a council member. The city clerk shall be custodian of the official city seal; maintain council records required by this charter; and perform such other duties as may be required by city council.
SECTION 3.14. City treasurer.
The city council may appoint a financial officer to collect all taxes, licenses, fees, and other monies belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes. The financial officer shall also be responsible for the general duties of a treasurer and fiscal officer.
SECTION 3.15. City accountant.
TUESDAY, APRIL 9, 2002
3363
The city council shall appoint a city accountant to perform the duties of an accountant. The city accountant shall serve at the discretion of the city council.
SECTION 3.16. Position classification and pay plans.
The city council may provide for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees.
SECTION 3.17. Personnel policies.
The city council may provide for and adopt rules and regulations consistent with this charter concerning:
(1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.
SECTION 3.18. Consolidation of functions.
The city council may consolidate any two or more of the positions of city clerk, city treasurer, city manager, city tax collector, or of any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions.
ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.
3364
JOURNAL OF THE HOUSE
There shall be a court to be known as the Municipal Court of the City of Lavonia.
SECTION 4.11. Chief judge; associate judge.
(a) The municipal court shall be presided over by a chief judge and such part-time, fulltime, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless they shall have attained the age of 21 years. All judges shall be appointed by the city council and shall serve at the discretion of the city council. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of a majority of the members present of the city council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that such person will honestly and faithfully discharge the duties of that office to the best of such persons ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter.
SECTION 4.12. Convening.
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 4.13. Jurisdiction, powers.
(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $300.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $3,500.00 or imprisonment for 90 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by state law or local ordinance. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to the superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, that persons bond
TUESDAY, APRIL 9, 2002
3365
shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendants sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal courts shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to mayors, recorders, and police courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
SECTION 4.14. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Franklin County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.15. Rules for court.
With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk and shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
3366
JOURNAL OF THE HOUSE
ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Applicability of general law.
All primaries and elections shall be held and conducted in accordance with the Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION 5.11. Election of the city council and mayor.
(a) At any election, all persons who are qualified under the Constitution and laws of the State of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of said city shall be eligible to qualify as voters in the election. (b) All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the "Georgia Election Code." (c) The mayor and council members who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified. (d) For the purpose of electing members of the council, the City of Lavonia shall consist of one election district with four numbered posts. Each person seeking election shall designate the post for which he or she seeks election. (e) On the first Tuesday following the first Monday in November, 2003, and on that day quadrennially thereafter, there shall be elected a mayor and two council members from Posts 3 and 4. Then, on the first Tuesday following the first Monday in November, 2005, and on that day quadrennially thereafter, there shall be elected two council members from Posts 1 and 2. It is the purpose of this section to provide a rotation system for the office of mayor and council members. The terms of the offices shall begin on the first day of January immediately following the election of such member.
SECTION 5.12. Nonpartisan elections.
Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations.
SECTION 5.13. Special elections; vacancies.
TUESDAY, APRIL 9, 2002
3367
In the event that the office of mayor or council member shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within three months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 5.14. Other provisions.
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code."
SECTION 5.15. Removal of officers.
(a) The mayor, council members, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Knowingly violating any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of a majority of council members present after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Franklin County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Franklin County following a hearing on a complaint seeking such removal brought by any resident of the City of Lavonia.
ARTICLE VI FINANCE
3368
JOURNAL OF THE HOUSE
SECTION 6.10. Property tax.
The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
SECTION 6.11. Millage Rate; due dates; payment methods.
The city council, by ordinance, shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
SECTION 6.12. Occupation and business taxes.
The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
SECTION 6.13. Licenses; permits; fees.
The city council by ordinance shall have the power to require any individuals or corporations who transact business in this city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety and welfare necessitates.
TUESDAY, APRIL 9, 2002
3369
SECTION 6.14. Franchises.
The city council shall have the power to grant franchises for the use of this citys streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the city clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.
SECTION 6.15. Service charges.
The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.16. Special assessments.
The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.17. Construction, other taxes.
This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
SECTION 6.18. Collection of delinquent taxes and fees.
3370
JOURNAL OF THE HOUSE
The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city licenses for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.
SECTION 6.19. General obligations bonds.
The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.20. Revenue bonds.
Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
SECTION 6.21. Short-term loans.
The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.
SECTION 6.22. Fiscal year.
The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government.
SECTION 6.23. Preparation of budgets.
The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program,
TUESDAY, APRIL 9, 2002
3371
and a capital budget, including requirements as to the scope, content, and form of such budgets and programs.
SECTION 6.24. Submission of operating budget to city council.
On or before a date fixed by the city council but not later than 45 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as the mayor may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
SECTION 6.25. Action by city council on budget.
(a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than 30 days prior to the beginning of each fiscal year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-tomonth basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable.
SECTION 6.26. Tax levies.
3372
JOURNAL OF THE HOUSE
Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.
SECTION 6.27. Changes in appropriations.
The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.
SECTION 6.28. Capital improvements budget.
(a) On or before the date fixed by the city council but no later than 45 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with the mayors recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year. No appropriation provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by the mayors recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance.
SECTION 6.29. Independent audit.
There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements
TUESDAY, APRIL 9, 2002
3373
of this charter. Copies of all audit reports shall be available at printing costs to the public.
SECTION 6.30. Contracting procedures.
No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.21 of this charter.
SECTION 6.31. Sale of city property.
(a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such swap is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.
The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.
3374
JOURNAL OF THE HOUSE
SECTION 7.11. Prior ordinances.
All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the city council.
SECTION 7.12. Existing personnel and officers.
Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 60 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.
SECTION 7.13. Pending matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council.
SECTION 7.14. Construction.
(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION 7.15. Severability.
If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other.
TUESDAY, APRIL 9, 2002
3375
SECTION 7.16. Repealer.
An Act incorporating the City of Lavonia in the County of Franklin, approved June 4, 1964 (Ga. L. 1964, Ex. Sess., p. 2008), as amended, is hereby repealed in its entirety, and all amendatory Acts thereto are likewise repealed in their entirety.
SECTION 7.17. General Repealer.
All other laws and parts of laws in conflict with this charter are hereby repealed.
SECTION 7.18. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Representative Powell of the 23rd moved that the House agree to the Senate substitute to HB 1573.
On the motion the ayes were 110, nays 0.
The motion prevailed.
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 following Senate amendment was read:
Amend HB 1459 by striking line 14 of page 1 and inserting in lieu thereof the following:
"This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."
3376
JOURNAL OF THE HOUSE
Representative Ehrhart of the 36th moved that the House agree to the Senate amendment to HB 1459.
On the motion the ayes were 110, nays 0.
The motion prevailed.
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
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 following Committee substitute was read:
A BILL
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 911-56 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.
TUESDAY, APRIL 9, 2002
3377
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, is amended by striking Code Section 5-6-34, relating to judgments and rulings deemed directly appealable, procedure for review of judgments, orders, or decisions not subject to direct appeal, scope of review, and hearings in criminal cases involving a capital offense for which death penalty is sought, and inserting in lieu thereof the following:
"5-6-34. (a) Appeals may be taken to the Supreme Court and the Court of Appeals from the following judgments and rulings of the superior courts, the constitutional city courts, and such other courts or tribunals from which appeals are authorized by the Constitution and laws of this state:
(1) All final judgments, that is to say, where the case is no longer pending in the court below, except as provided in Code Section 5-6-35; (2) All judgments involving applications for discharge in bail trover and contempt cases; (3) All judgments or orders directing that an accounting be had; (4) All judgments or orders granting or refusing applications for receivers or for interlocutory or final injunctions; (5) All judgments or orders granting or refusing applications for attachment against fraudulent debtors; (5.1) Any ruling on a motion which would be dispositive if granted with respect to a defense that the action is barred by Code Section 16-11-184; (6) All judgments or orders granting or refusing to grant mandamus or any other extraordinary remedy, except with respect to temporary restraining orders; (7) All judgments or orders refusing applications for dissolution of corporations created by the superior courts; and (8) All judgments or orders sustaining motions to dismiss a caveat to the probate of a will.; (9) All judgments or orders in criminal cases denying pleas of double jeopardy or pleas in bar upon the theory that an acquittal has already been effected under the provisions of Code Sections 17-7-170 and 17-7-171; (10) All orders granting motions to cancel a notice of lis pendens; (11) All orders denying nonparties engaged in news gathering the privilege pursuant to Code Section 24-9-30; (12) All orders in criminal cases as provided in Code Sections 5-7-1 and 5-7-2; (13) All declaratory judgments as provided in Code Section 9-4-2; (14) All orders granting motions for summary judgment as provided in subsection (h) of Code Section 9-11-56; and (15) All other orders and judgments deemed subject to immediate review by applicable law.
3378
JOURNAL OF THE HOUSE
Except as otherwise provided in Code Section 5-6-35, the appellate review authorized in this Code section may be initiated by filing a notice of appeal as provided in Code Section 5-6-37.
(b) Where the trial judge in rendering an order, decision, or judgment, not otherwise subject to direct appeal, certifies within ten days of entry thereof that the order, decision, or judgment is of such importance to the case that immediate review should be had, the Supreme Court or the Court of Appeals may thereupon, in their respective discretions, permit an appeal to be taken from the order, decision, or judgment if application is made thereto within ten days after such the certificate is granted. The application shall be in the nature of a petition and shall set forth the need for such an the appeal and the issue or issues involved therein. The applicant may, at his or her election, include copies of such the parts of the record as he or she deems appropriate, but no certification of such the copies by the clerk of the trial court shall be necessary. The application shall be filed with the clerk of the Supreme Court or the Court of Appeals and a copy of the application, together with a list of those parts of the record included with the application, shall be served upon the opposing party or parties in the case in the manner prescribed by Code Section 5-6-32, except that such service shall be perfected at or before the filing of the application. The opposing party or parties shall have ten days from the date on which the application is filed in which to file a response. The response may be accompanied by copies of the record in the same manner as is allowed with the application. The Supreme Court or the Court of Appeals shall issue an order granting or denying such an the appeal within 45 days of the date on which the application was filed. Within ten days after an order is issued granting the appeal, the applicant, to secure a review of the issues, may file a notice of appeal as provided in Code Section 5-6-37. The notice of appeal shall act as a supersedeas as provided in Code Section 5-6-46 and the procedure thereafter shall be the same as in an appeal from a final judgment. (c) In criminal cases involving a capital offense for which the death penalty is sought, a hearing shall be held as provided in Code Section 17-10-35.2 to determine if there shall be a review of pretrial proceedings by the Supreme Court prior to a trial before a jury. Review of pretrial proceedings, if ordered by the trial court, shall be exclusively as provided by Code Section 17-10-35.1 and no certificate of immediate review shall be necessary. (d) Where an appeal is taken under any provision of subsection (a), (b), or (c) of this Code section, all judgments, rulings, or orders rendered in the case which are raised on appeal and which may affect the proceedings below shall be reviewed and determined by the appellate court, without regard to the appealability of the judgment, ruling, or order standing alone and without regard to whether the judgment, ruling, or order appealed from was final or was appealable by some other express provision of law contained in this Code section, or elsewhere. For purposes of review by the appellate court, one or more judgments, rulings, or orders by the trial court held to be erroneous on appeal shall not be deemed to have rendered all subsequent proceedings nugatory; but the appellate court shall in all cases review all judgments, rulings, or
TUESDAY, APRIL 9, 2002
3379
orders raised on appeal which may affect the proceedings below and which were rendered subsequent to the first judgment, ruling, or order held erroneous. Nothing in this subsection shall require the appellate court to pass upon questions which are rendered moot."
SECTION 2. Said article is further amended by striking Code Section 5-6-35, relating to cases requiring application for appeal, contents, filing service of application, exhibits, response by opposing party, issuance of appellate court order, procedure, supersedeas, and jurisdiction of appeal, and inserting in lieu thereof the following:
"5-6-35. (a) Appeals authorized pursuant to subsection (a) of Code Section 5-6-34 in the following cases shall be taken as provided in this Code section in the following cases:
(1) Appeals from decisions of the superior courts reviewing decisions of the State Board of Workers Compensation, the State Board of Education, auditors, state and local administrative agencies, and lower courts by certiorari or de novo proceedings; provided, however, that this provision shall not apply to decisions of the Public Service Commission and probate courts and to cases involving ad valorem taxes and condemnations; (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; (3) Appeals from cases involving distress or dispossessory warrants in which the only issue to be resolved is the amount of rent due and such amount is $2,500.00 or less; (4) Appeals from cases involving garnishment or attachment, except as provided in paragraph (5) of subsection (a) of Code Section 5-6-34; (5) Appeals from orders revoking probation; (6) Appeals in all actions for damages in which the judgment is $10,000.00 or less; (7) Appeals, when separate from an original appeal, from the denial of an extraordinary motion for new trial; (8) Appeals from orders under subsection (d) of Code Section 9-11-60 denying a motion to set aside a judgment or under subsection (e) of Code Section 9-11-60 denying relief upon a complaint in equity to set aside a judgment; (9) Appeals from orders granting or denying temporary restraining orders; (10) Appeals from awards of attorneys fees or expenses of litigation under Code Section 9-15-14; and (11) Appeals from decisions of the state courts reviewing decisions of the magistrate courts by de novo proceedings so long as the subject matter is not otherwise subject to a right of direct appeal.; and (12) Appeals of all actions filed by prisoners pursuant to Code Section 42-12-8.
3380
JOURNAL OF THE HOUSE
(b) All appeals taken in cases specified in subsection (a) of this Code section shall be by application in the nature of a petition enumerating the errors to be urged on appeal and stating why the appellate court has jurisdiction. The application shall specify the order or judgment being appealed and, if the order or judgment is interlocutory, the application shall set forth, in addition to the enumeration of errors to be urged, the need for interlocutory appellate review. (c) The applicant shall include as exhibits to the petition a copy of the order or judgment being appealed and should include a copy of the petition or motion which led directly to the order or judgment being appealed and a copy of any responses to the petition or motion. An applicant may include copies of such other parts of the record or transcript as he or she deems appropriate. No certification of such the copies by the clerk of the trial court shall be necessary in conjunction with the application. (d) The application shall be filed with the clerk of the Supreme Court or the Court of Appeals within 30 days of the entry of the order, decision, or judgment complained of and a copy of the application, together with a list of those parts of the record included with the application, shall be served upon the opposing party or parties as provided by law, except that the service shall be perfected at or before the filing of the application. When a motion for new trial, a motion in arrest of judgment, or a motion for judgment notwithstanding the verdict has been filed, the application shall be filed within 30 days after the entry of the order granting, overruling, or otherwise finally disposing of the motion. (e) The opposing party or parties shall have ten days from the date on which the application is filed in which to file a response. The response may be accompanied by copies of the record in the same manner as is allowed with the application. The response may point out that the decision of the trial court was not error, or that the enumeration of error cannot be considered on appeal for lack of a transcript of evidence or for other reasons. (f) The Supreme Court or the Court of Appeals shall issue an order granting or denying such an appeal within 30 days of the date on which the application was filed. (g) Within ten days after an order is issued granting the appeal, the applicant, to secure a review of the issues, shall file a notice of appeal as provided by law. The procedure thereafter shall be the same as in other appeals. (h) The filing of an application for appeal shall act as a supersedeas to the extent that a notice of appeal acts as supersedeas. (i) This Code section shall not affect Code Section 9-14-52, relating to practice as to appeals in certain habeas corpus cases. (j) When an appeal in a case enumerated in subsection (a) of Code Section 5-6-34, but not in subsection (a) of this Code section, is initiated by filing an otherwise timely application for permission to appeal pursuant to subsection (b) of this Code section without also filing a timely notice of appeal, the appellate court shall have jurisdiction to decide the case and shall grant the application. Thereafter the appeal shall proceed as provided in subsection (g) of this Code section the order, decision, or judgment complained of in an application filed pursuant to this Code section is deemed by the
TUESDAY, APRIL 9, 2002
3381
appellate court to be subject to direct appeal and the applicant has not otherwise filed a timely notice of appeal in the court below, the appellate court shall grant the application without regard to the underlying merits of the case. The relief provided in this subsection shall also apply to an application improperly filed pursuant to subsection (b) of Code Section 5-6-34, without regard to the existence or validity of the certificate of immediate review, provided that the application otherwise conforms to the procedural requirements of this Code section."
SECTION 3. To amend Code Section 9-11-56 of the Official Code of Georgia Annotated, relating to summary judgment, by striking subsection (h) and inserting in lieu thereof the following:
"(h) Appeal. An order granting summary judgment on any issue or as to any party shall be subject to review by appeal. An order denying summary judgment shall be subject to review by direct appeal in accordance with subsection (b) of Code Section 5-6-34."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. This Act shall apply to any case pending on or brought after the effective date of this Act.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Ehrhart of the 36th moves to amend the Committee substitute to SB 393 by inserting between lines 13 and 14 of page 2 the following:
"(9.1) All judgments or orders involving an award of child custody, support, or visitation;".
By striking lines 10 through 14 of page 4 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; provided, however, that an appeal from any judgment or order
3382
JOURNAL OF THE HOUSE
involving an award of child custody, support, or visitation or any contempt of such judgment or order shall not be taken as provided in this Code section;".
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 Y Benfield Y Birdsong Y 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 E Callaway Y Campbell Y Cash
Channell N Childers Y Coan E Coleman, B
Coleman, T Collins N Connell Y Cooper
Y Cox Crawford
N Cummings Y Davis Y Day N Dean Y Deloach, B Y Deloach, G N Dix Y Dodson N Drenner N Dukes Y Ehrhart N Epps Y Everett N Floyd Y Forster Y Franklin N Gardner Y Golick Y Grasse
Graves N Greene Y Hammontree
Hanner E 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 Y Hudson, S N Hugley Y Irvin E Jackson, B N Jackson, L N James Y Jamieson N Jenkins Y Jennings Y Johnson N Jordan E Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis Y Lord N Lucas Y Lunsford N Maddox E Mangham
Manning Y Massey N McBee N McCall N McClinton
McKinney Y Millar Y Mills N Mobley Y Morris
Mosley
Mueller Y Muntean Y O'Neal N Orrock N Parham N Parrish
Parsons N Pelote Y Pinholster Y Poag N Porter N Powell N Purcell N Ragas
Randall Y Ray N Reece N Reed N Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L N Rogers N Royal
Sailor Y Sanders Y Scheid Y Scott N Seay Y Shanahan Y Shaw Y Sholar
Sims N Sinkfield N Skipper
Y Smith, B N Smith, C Y Smith, C.W N Smith, L Y Smith, P
Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires
Stallings Stanley Stanley-Turner Y Stephens Stokes N Taylor Teague N Teper N Tillman N Turnquest Y Twiggs N Unterman Walker, L Y Walker, R.L N Watson Y West Y Westmoreland Y Wiles Wilkinson N Willard Y Williams, J Y Williams, R Y Wix Y Yates Murphy, Speaker
On the adoption of the amendment, the ayes were 80, nays 70. The amendment was adopted.
The following amendment was read:
TUESDAY, APRIL 9, 2002
3383
Representative Stokes of the 92nd moves to amend the Committee substitute to SB 393 by inserting after the word "jeopardy" on line 11 of page 2 the following:
", pleas of denial of constitutional right to speedy trial,".
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
Bordeaux Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd E Callaway Y Campbell Y Cash Channell Y Childers Y Coan E Coleman, B Coleman, T Y Collins N Connell Y Cooper
N Cox Crawford
Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse
Graves Y Greene Y Hammontree
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 N Hudson, N Y Hudson, S Y Hugley Y Irvin E Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis N Lord
Lucas Y Lunsford Y Maddox E Mangham Y Manning Y 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 Y Orrock
Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag N Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed N Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L N Rogers N Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan N Shaw N Sholar Y Sims N Sinkfield Y Skipper
Y Smith, B Y Smith, C Y Smith, C.W N Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires
Stallings Stanley Stanley-Turner Y Stephens Y Stokes Y Taylor Teague Y Teper Y Tillman N Turnquest Y Twiggs Y Unterman Walker, L Y Walker, R.L Y Watson N West Y Westmoreland Y Wiles Y Wilkinson N Willard Y Williams, J Y Williams, R Y Wix Yates Murphy, Speaker
On the adoption of the amendment, the ayes were 139, nays 16.
3384
JOURNAL OF THE HOUSE
The amendment was adopted.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield
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 E Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
Y Cox Y Crawford Y Cummings Y Davis Y Day
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 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
Irvin E 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 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 Muntean 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
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
Stallings Stanley 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, as amended, the ayes were 159, nays 0.
TUESDAY, APRIL 9, 2002
3385
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Representatives Birdsong of the 123rd and Dean of the 48th 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 assumed the Chair.
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.
The following Committee substitute was read and adopted:
A BILL
To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to 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 include compliance standards and annual reporting; to provide for penalties; to require courts and the State Board of Pardons and Paroles to utilize certified family violence intervention programs, with certain exceptions; to change provisions relating to the administrative attachment and duties of the State Commission
3386
JOURNAL OF THE HOUSE
on Family Violence; 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 other matters relative to the foregoing; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Georgias Family Violence Intervention Program Certification Act."
SECTION 2. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended in Code Section 19-9-7, relating to parental visitation, by striking paragraph (3) of subsection (a) and inserting in lieu thereof the following:
"(3) Order the perpetrator of family violence to attend and complete, to the satisfaction of the court, a certified family violence intervention program of intervention for perpetrators or other designated counseling as defined in Article 1A of Chapter 13 of this title as a condition of the visitation;"
SECTION 3. Said title is further amended in Chapter 13, relating to family violence, by inserting between Articles 1 and 2 a new Article 1A to read as follows:
"ARTICLE 1A
19-13-10. As used in this article, the term:
(1) 'Commission' means the State Commission on Family Violence. (2) 'Commissioner' means the commissioner of corrections. (3) 'Department' means the Department of Corrections. (4) 'Family or household members' means past or present spouses, persons who are parents of the same child, or other persons living or formerly living in the same household. (5) 'Family violence' means the commission of the offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, or criminal trespass between family or household members. (6) 'Family violence intervention program' or 'program' means any program that is certified by the Department of Corrections pursuant to Code Section 19-13-14 and designed to rehabilitate family violence offenders. The term includes, but is not limited to, batterer intervention programs, anger management programs, anger counseling, family problem resolution, and violence therapy.
TUESDAY, APRIL 9, 2002
3387
19-13-11. In carrying out the purpose of this article, the department shall charge a fee for the consideration of applications for certification of family violence intervention programs and instructors. The amount of this fee shall be established by the commission and shall, as best as the commission shall determine, approximate the expense incurred by the department in consideration of an application. These certifications shall be valid for a period of two years unless suspended or revoked prior to the expiration of that time period.
19-13-12. Reserved.
19-13-13. (a) A program certified pursuant to this article shall be administered by the department. The department is authorized to promulgate, adopt, and enforce rules and regulations necessary to carry out this article, including, but not limited to, prescribing the form of applications, visiting program facilities, and investigating complaints. (b) The department shall be responsible for the approval and certification of programs and staff. This responsibility includes the training for and monitoring of all programs under this article.
19-13-14. (a) The commission and the department shall establish standards and requirements concerning the content of courses, including, but not limited to, duration of courses, qualifications of instructors, program and certification fees, attendance requirements, and examinations. In order to be certified, a program shall meet the standards established by the commission and the department. (b) Programs may be operated by any individual, partnership, corporation, association, civic group, club, county, municipality, board of education, school, or college or any public, private, or governmental entity. (c) No official or employee, or his or her spouse, of the department or the State Board of Pardons or Paroles shall own, operate, instruct at, or be employed by a program except as provided by Code Section 19-13-15. (d) The department is responsible for establishing requirements for the certification of programs. An applicant must meet the certification requirements promulgated by the department through standards established by the commission and the department. No program shall be approved unless the owner of the program agrees in writing to submit reports as required in the rules and regulations of the department and to allow the examination and audit of the books, records, and financial statements of the program or its authorized agent. No program will be certified unless the owner of the program agrees in writing to pay to the state, for the costs of administration, a fee as established by the commission, provided that nothing in this Code section shall be construed so as to allow the department to retain any funds required by the Constitution of this state to
3388
JOURNAL OF THE HOUSE
be paid into the state treasury; and provided, further, that the department shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such miscellaneous funds. All programs operated by the department and the State Board of Pardons and Paroles shall be exempt from fee provisions relating to obtaining certification. (e) The department has the authority to deny, suspend, or revoke a certificate under this article or to impose sanctions upon and discipline a program which is not complying with the rules and regulations set forth by the department. The department shall establish criteria to determine noncompliance with its rules and regulations, sanctions for noncompliance, and methods of appeal if certification is denied, suspended, or revoked. (f) The department shall maintain a list of programs certified pursuant to this article and make the list available to the public and all courts.
19-13-15. The department and the State Board of Pardons and Paroles may operate family violence intervention programs which meet the requirements of the department. The courts and the State Board of Pardons and Paroles may accept such programs in lieu of certified family violence intervention programs as defined in paragraph (1) of Code Section 19-13-10.
19-13-16. (a) A court, in addition to imposing any penalty provided by law, when sentencing a defendant or revoking a defendants probation for an offense involving family violence, or when imposing a protective order against family violence, shall order the defendant to participate in a family violence intervention program, whether a certified program pursuant to this article or a program operated pursuant to Code Section 19-13-15, unless the court determines and states on the record why participation in such a program is not appropriate. (b) The State Board of Pardons and Paroles, for a violation of parole for an offense involving family violence, shall require the conditional releasee to participate in a family violence intervention program, whether a certified program pursuant to this article or a program operated pursuant to Code Section 19-13-15, unless the State Board of Pardons and Paroles determines why participation in such a program is not appropriate. (c) Unless the defendant is indigent, the cost of the family violence intervention program as provided by this Code section shall be borne by the defendant. If the defendant is indigent, then the cost of the program shall be determined by a sliding scale based upon the defendants ability to pay.
19-13-17. As an alternative to criminal or other civil enforcement, the commissioner or his or her designee, in order to enforce this article or any orders, rules, or regulations promulgated
TUESDAY, APRIL 9, 2002
3389
pursuant to this article, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever that commissioner or his or her designee, after a hearing, determines that any person, firm, or corporation has violated any provision of this article or any order, rule, or regulation promulgated pursuant to this article. The hearing and any administrative review thereof shall be conducted in accordance with the procedures for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person, firm, or corporation that has exhausted all administrative remedies available and that is aggrieved or adversely affected by a final order or action of the commissioner or his or her designee shall have the right of judicial review in accordance with Chapter 13 of Title 50. All fines collected or recovered by the commissioner under this Code section shall be remitted to the Office of Treasury and Fiscal Services to the credit of the general fund of this state. The commissioner or his or her designee may file in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commissioner or his or her designee, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance with the judgment and notify the parties. The judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner or his or her designee with respect to any violation of this article or any order, rule, or regulation promulgated pursuant to this article."
SECTION 4. Said title is further amended in Code Section 19-13-31, relating to the creation of the State Commission on Family Violence, its plan for ending family violence, and the establishment of community task forces, by striking the Code section in its entirety and inserting in lieu thereof the following:
"19-13-31. There is created a State Commission on Family Violence which shall be responsible for developing a comprehensive state plan for ending family violence. This plan shall include the initiation, coordination, and oversight of the implementation of family violence laws and the establishment in each judicial circuit of a Community Task Force on Family Violence. These task forces shall be supported by and work in collaboration with the state commission. The commission shall be assigned for administrative purposes only, as set out in Code Section 50-4-3, to the Administrative Office of the Courts Department of Corrections."
SECTION 5. Said title is further amended in Code Section 19-13-34, relating to powers and duties of
3390
JOURNAL OF THE HOUSE
the commission, in subsection (a) by striking "and" at the end of paragraph (7), by striking the period and inserting "; and" at the end of paragraph (8), and by adding a new paragraph (9) to read as follows:
"(9) To develop standards to be utilized by the Department of Corrections in the certification and regulation of family violence intervention programs."
SECTION 6. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by striking Code Section 42-8-35.6, relating to a family violence intervention program or counseling related to family violence as a condition of probation, and inserting in lieu thereof the following:
"42-8-35.6. (a) Notwithstanding any other terms or conditions of probation which may be imposed, a court sentencing a defendant to probation for an offense involving family violence as such term is defined in Code Section 19-13-1 19-13-10 shall, to the extent that services are available, require as a condition of probation that the defendant participate in a court approved family violence intervention program or receive counseling related to family violence certified pursuant to Article 1A of Chapter 13 of Title 19, unless the court determines and states on the record why participation in such a program is not appropriate. Unless the defendant is indigent, the cost of such participation in the program or counseling shall be borne by the defendant. (b) A court, in addition to imposing any penalty provided by law, when revoking a defendants probation for an offense involving family violence as defined by Code Section 19-13-10, or when imposing a protective order against family violence, shall order the defendant to participate in a family violence intervention program certified pursuant to Article 1A of Chapter 13 of Title 19, unless the court determines and states on the record why participation in such program is not appropriate. (c) The State Board of Pardons and Paroles, for a violation of parole for an offense involving family violence as defined by Code Section 19-13-10, shall require the conditional releasee to participate in a family violence intervention program certified pursuant to Article 1A of Chapter 13 of Title 19, unless the State Board of Pardons and Paroles determines why participation in such a program is not appropriate. (d) Unless the defendant is indigent, the cost of the family violence intervention program as provided by this Code section shall be borne by the defendant. If the defendant is indigent, then the cost of the program shall be determined by a sliding scale based upon the defendants ability to pay."
SECTION 7. This section and Sections 1, 4, 5, and 8 of this Act shall become effective on July 1, 2002. Section 2 of this Act shall become effective on July 1, 2003. Section 3 of this Act shall become effective on July 1, 2002, for the purposes of the development process by the Department of Corrections and the State Commission on Family Violence for certified family violence intervention programs and for the purposes of collecting
TUESDAY, APRIL 9, 2002
3391
application fees; for all other purposes, Section 3 of this Act shall become effective on July 1, 2003. Section 6 of this Act shall become effective on July 1, 2003, and shall apply to sentences or conditional release revocations that occur on or after that date.
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 Y Amerson Y Anderson Y Ashe Y Bannister
Barnard Y Barnes Y Bell Y Benfield Y Birdsong
Black Y Boggs Y Bordeaux
Borders Y Bridges
Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd E Callaway
Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes
Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree
Hanner E Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston Y Howard
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin E Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox 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 N Muntean
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
Roberts, L Y Rogers Y Royal
Sailor N Sanders Y Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires
Stallings Y Stanley Y Stanley-Turner
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
Willard Y Williams, J Y Williams, R Y Wix
Yates Murphy, Speaker
3392
JOURNAL OF THE HOUSE
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.
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.
The following Committee substitute was read:
A BILL
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.
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 service of process in civil actions, is amended by inserting immediately after paragraph (2) of subsection (f) a new paragraph (3) to read as follows:
"(3) Service upon persons in a foreign country. Unless otherwise provided by law, service upon a person from whom a waiver has not been obtained and filed, other than
TUESDAY, APRIL 9, 2002
3393
an infant or an incompetent person, may be effected in a place not within the United States:
(A) By any internationally agreed means reasonably calculated to give notice, such as those means authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents; (B) If there is no internationally agreed means of service or the applicable international agreement allows other means of service, provided that service is reasonably calculated to give notice:
(i) In the manner prescribed by the law of the foreign country for service in that country in an action in any of its courts of general jurisdiction; (ii) As directed by the foreign authority in response to a letter rogatory or letter of request; or (iii) Unless prohibited by the law of the foreign country, by:
(I) Delivery to the person of a copy of the summons and the complaint; or (II) Any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the party to be served; or (C) By other means not prohibited by international agreement as may be directed by the court."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Holland of the 157th moves to amend the Committee substitute to SB 346 by inserting between the words "amend" and "Code" on line 1 of page 1 the following:
"Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the Civil Practice Act, so as change certain pretrial procedures; to amend".
By inserting after the word and symbol "country;" on line 6 of page 1, the following:
"to provide that after entry of an order governing a civil trial, the court in its discretion may allow additional expert witnesses to be called to testify;".
By striking lines 10 and 11 of page 1 and inserting in lieu thereof the following:
"Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the Civil Practice Act, is amended in Code Section 9-11-4, relating to service of process in civil actions, by inserting immediately after paragraph (2) of".
3394
JOURNAL OF THE HOUSE
By inserting between lines 7 and 8 of page 2 the following:
"SECTION 1.1 Said chapter is further amended in Code Section 9-11-16, relating to pretrial procedure, formulating issues, the pretrial order, and the pretrial calendar, 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 to prevent manifest injustice. After entry of the pretrial order, it shall be within the discretion of the court to permit or disallow the presentation of testimony from any expert witness whose name is not contained in the pretrial order; provided, however, that if the additional expert witness is permitted to testify, any opposing party shall be permitted reasonable time to take the deposition of the additional expert witness. 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.'".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson Y Anderson
Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux
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 Cox Y Crawford
Cummings Davis Y Day Dean Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner E Harbin
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin E Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Lunsford Y Maddox E Mangham Manning
Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag
Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed N Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal
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 Y Snelling Y Snow Y Squires
Stallings Y Stanley Y Stanley-Turner
Stephens Y Stokes Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson
Campbell Y Cash Y Channell Y Childers
Coan E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
TUESDAY, APRIL 9, 2002
Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston Y Howard
Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley
Morris Y Mosley
Y Sanders Scheid
Y Scott Y Seay Y Shanahan
Shaw N Sholar Y Sims Y Sinkfield Y Skipper
On the adoption of the amendment, the ayes were 140, nays 2. The amendment was adopted.
3395
Y West Y Westmoreland Y Wiles
Wilkinson Willard Y Williams, J Y Williams, R Y Wix Y 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:
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
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 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 Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin E Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox E Mangham
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
Roberts, L 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
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
3396
E Callaway 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
E Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston Y Howard
Y Manning Y Massey Y McBee
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
Y Watson Y West Y Westmoreland Y Wiles
Wilkinson 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 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
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 following Committee substitute was read:
A BILL
To revise and harmonize certain provisions of the Official Code of Georgia Annotated 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 Official Code of Georgia Annotated, 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 limited driving permits for certain offenders; to change certain provisions relating to seizure and disposition of
TUESDAY, APRIL 9, 2002
3397
drivers licenses of persons charged with driving under the influence, issuance of temporary driving permits, and disposition of cases; to change certain provisions relating to chemical tests, implied consent notices, rights of motorists, test results, refusal to submit, suspension or denial, hearing and review, compensation of officers, and inspection and certification of breath-testing instruments; to change certain provisions relating to suspension of licenses by operation of law; to change certain provisions relating to consumption of alcoholic beverages or possession of open containers of alcoholic beverages in passenger areas of motor vehicles; to change certain provisions relating to driving under the influence of alcohol, drugs, or other intoxicating substances, penalties, publication of notice of conviction for persons convicted for second time, and endangering a child; to change certain provisions relating to chemical tests for alcohol or drugs in blood; to amend Code Section 42-8-112 of the Official Code of Georgia Annotated, relating to proof of compliance required for reinstatement of certain drivers licenses and for obtaining probationary licenses and reporting requirements, so as to change certain provisions relating to monitoring of ignition interlock devices; 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 the introductory paragraph and paragraph (1) of subsection (a) of Code Section 40-5-63, relating to periods of suspension and conditions to return of license, and inserting in lieu thereof the following:
"(a) The drivers license of any person convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391, unless the drivers license has been previously suspended pursuant to Code Sections subsection (d) of Code Section 40-567.1 and or except as otherwise provided by Code Section 40-5-57.1 or subsection (b) of Code Section 40-5-67.2, shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions; provided, however, that any person convicted of a drug related offense pursuant to Code Section 40-6-391 shall be governed by the suspension requirements of Code Section 40-5-75:
(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for 12 months. At the end of 120 days, the person may apply to the department for reinstatement of said drivers license; except that in the case of such conviction for an offense under paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391, the person shall not be eligible to apply for reinstatement of his or her drivers license until the end of 180 days. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a
3398
JOURNAL OF THE HOUSE
restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the Department of Motor Vehicle Safety or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. A drivers license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For purposes of this paragraph, an accepted plea of nolo contendere to an offense listed in Code Section 40-5-54 by a person who is under 18 years of age at the time of arrest shall constitute a conviction. For the purposes of this paragraph only, an accepted plea of nolo contendere by a person 21 years of age or older, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered a conviction, and the court having jurisdiction shall forward, as provided in Code Section 40-6-391.1, the record of such disposition of the case to the department and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a conviction under paragraphs (2) and (3) of this subsection;"
SECTION 2. Said title is further amended in subsection (a) of Code Section 40-5-64, relating to limited driving permits for certain offenders, by inserting a new paragraph (1.1) to read as follows:
"(1.1) Any person whose drivers license has been suspended in accordance with paragraph (1) of subsection (a) of Code Section 40-5-63 for conviction of an offense under paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391 shall not be eligible for a limited driving permit under paragraph (1) of this subsection."
SECTION 2A. Said title is further amended in paragraph (1) of subsection (g) of said Code Section 40-564 by inserting a new subparagraph to read as follows:
"(C) Upon receipt of notice from a provider center for ignition interlock devices that an ignition interlock device which a permittee is required to use has been tampered with or the permittee has failed to report for monitoring of such device as required by law, the department shall revoke such permittees 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
TUESDAY, APRIL 9, 2002
3399
effective date of the revocation and of the right to review. The notice of revocation shall be deemed received three days after mailing."
SECTION 3. Said title is further amended by striking subsection (b) of Code Section 40-5-67, 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, and inserting in their respective places the following:
"(b) At the time the law enforcement officer takes the drivers license, the officer shall issue a temporary driving permit to the person as follows:
(1) If the driver refuses to submit to a test or tests to determine the presence of alcohol or drugs as required in Code Section 40-5-55, the officer shall issue a 30 day temporary driving permit; or (2) If the drivers license is required to be suspended under Code Section 40-5-67.1, the officer shall issue a 30 day temporary driving permit; or (3) If the test or tests administered pursuant to Code Section 40-5-55 indicate an alcohol concentration in violation of Code Section 40-6-391 but less than the level for an administrative suspension of the license under subsection (c) of Code Section 40-567.1, the officer shall issue a 180 day temporary driving permit. This temporary driving permit shall be valid for the stated period or until the persons driving privilege is suspended or revoked under any provision of this title. The department, at its sole discretion, may delay the expiration date of the temporary driving permit, but in no event shall this delay extend beyond the date when such persons driving privilege is suspended or revoked under any provision of this title. The department shall by rules and regulations establish the conditions under which the expiration of the temporary permit may be delayed."
SECTION 4. Said title is further amended by striking paragraph (1) of subsection (f) of Code Section 40-5-67.1, relating to chemical tests, implied consent notices, rights of motorists, test results, refusal to submit, suspension or denial, hearing and review, compensation of officers, and inspection and certification of breath-testing instruments, and inserting in lieu thereof the following:
"(f)(1) The law enforcement officer, acting on behalf of the department, shall personally serve the notice of intention to suspend or disqualify the license of the arrested person or other person refusing such test on such person at the time of the persons refusal to submit to a test or at the time at which such a test indicates that suspension or disqualification is required under this Code section. The law enforcement officer shall take possession of any drivers license or permit held by any person whose license is subject to suspension pursuant to subsection (c) or (d) of this Code section, if any, and shall issue a 30 day temporary permit. The officer shall forward the persons drivers license to the department along with the notice of intent to suspend or disqualify and the sworn report required by subsection (c) or (d) of this
3400
JOURNAL OF THE HOUSE
Code section within ten calendar days after the date of the arrest of such person. This paragraph shall not apply to any person issued a 180 day temporary permit pursuant to subsection (b) of Code Section 40-5-67. The failure of the officer to transmit the sworn report required by this Code section within ten calendar days shall not prevent the department from accepting such report and utilizing it in the suspension of a drivers license as provided in this Code section."
SECTION 5. Said title is further amended by striking the introductory paragraph of subsection (a) and subsection (b) of Code Section 40-5-75, relating to suspension of licenses by operation of law, and inserting in their respective places the following:
"(a) The drivers license of any person convicted of possession, distribution, manufacture, cultivation, sale, transfer of, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer a controlled substance or marijuana, or driving or being in actual physical control of any moving vehicle while under the influence of such a substance in violation of subsection (b) of Code Section 16-13-2, subsection (a), (b), or (j) of Code Section 16-13-30, or Code Section 16-13-33; paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391;, or the law of any other jurisdiction shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions:" "(b) Whenever a person is convicted of possession, distribution, manufacture, cultivation, sale, transfer of, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer a controlled substance or marijuana, or driving or being in actual physical control of any moving vehicle while under the influence of such substance in violation of subsection (b) of Code Section 16-13-2, subsection (a), (b), or (j) of Code Section 16-13-30, or Code Section 16-13-33; paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391;, or the law of any other jurisdiction, the court in which such conviction is had shall require the surrender to it of any drivers license then held by the person so convicted and the court shall thereupon forward such license and a copy of its order to the department within ten days after the conviction. The periods of suspension provided for in this Code section shall begin on the date of such persons conviction for the offense resulting in such suspension; provided, however, that, effective July 1, 1994, if, at the time of conviction of any offense listed in subsection (a) of this Code section, the person does not have a drivers license or the persons drivers license has been previously suspended, the periods of suspension specified by this Code section shall not commence until the person applies for the issuance or reinstatement of a drivers license."
SECTION 6. Said title is further amended in Code Section 40-6-253, relating to consumption of alcoholic beverages or possession of open containers of alcoholic beverages in passenger areas of motor vehicles, by redesignating subsection (c) as subsection (d) and inserting a new subsection (c) to read as follows:
TUESDAY, APRIL 9, 2002
3401
"(c) In any prosecution for violation of this Code section: (1) Retail labeling of the container which identifies the contents of such container as any alcoholic beverage; or
(2) Testimony of a law enforcement officer that, based on his or her experience and senses, the contents of the container possessed the same odor, color, and general appearance or the same taste, color, and general appearance as any alcoholic beverage, shall be admissible and constitute prima facie evidence that the contents of such container was an alcoholic beverage."
SECTION 7. Said title is further amended in Code Section 40-6-391, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, penalties, publication of notice of conviction for persons convicted for second time, and endangering a child, by striking subsections (a), (b), and (e), and inserting in their respective places the following:
"(a) A person shall not drive or be in actual physical control of any moving vehicle while:
(1) Under the influence of alcohol to the extent that it is less safe for the person to drive; (2) Under the influence of any drug to the extent that it is less safe for the person to drive; (3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive; (4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive; (5) The persons alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or (6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the persons blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the persons breath or blood. (b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of driving safely as a result of using a drug other than alcohol which such person is legally entitled to use. (6) There is any amount of any Schedule I controlled substance listed in Code Section 16-13-25, marijuana, cocaine, or any metabolite or derivative of any of them present in the persons blood, urine, or both, without regard to whether or not any alcohol is present in the persons breath or blood.
3402
JOURNAL OF THE HOUSE
(b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug or other substance, including without limitation authorization for marijuana use under Article 5 of Chapter 34 of Title 43, shall not constitute a defense against any charge of violating this Code section." "(e) The foregoing limitations on punishment imposed by subsection (c) of this Code section also shall apply when a defendant has been convicted of violating, by a single transaction, more than one of the four provisions of subsection (a) of this Code section."
SECTION 8. Said title is further amended in Code Section 40-6-392, relating to chemical tests for alcohol or drugs in blood, by striking subparagraph (a)(1)(B) and inserting in lieu thereof the following:
"(B) In all cases where the arrest is made on or after January 1, 1995, and the state selects breath testing, two sequential breath samples shall be requested for the testing of alcohol concentration. For either or both of these sequential samples to be admissible in the states or plaintiffs case-in-chief, the readings shall not differ from each other by an alcohol concentration of greater than 0.020 grams and the lower of the two results shall be determinative for accusation and indictment purposes and administrative license suspension purposes. No more than two sequential series of a total of two adequate breath samples each shall be requested by the state; provided, however, that after an initial test in which the instrument indicates an adequate breath sample was given for analysis, any subsequent refusal to give additional breath samples shall not be construed as a refusal for purposes of suspension of a drivers license under Code Sections 40-5-55 and 40-5-67.1. Notwithstanding the above, a refusal or failure to give an adequate sample or samples on any subsequent breath, blood, urine, or other bodily substance test shall not affect the admissibility of the results of any prior samples. An adequate breath sample shall mean a breath sample sufficient to cause the breath-testing instrument to produce a printed alcohol concentration analysis."
SECTION 8A. Code Section 42-8-112 of the Official Code of Georgia Annotated, relating to proof of compliance required for reinstatement of certain drivers licenses and for obtaining probationary licenses and reporting requirements, is amended by striking subsection (c) and inserting in lieu thereof the following:
"(c) Each resident of this state who is required to have an ignition interlock device installed pursuant to this article shall report to the provider center every 30 60 days for the purpose of monitoring the operation of each required ignition interlock device. If at any time it is determined that a person has tampered with the device, the probation officer or the court ordering use of such device or, in the case of a driver who is not on probation, and the Department of Public Safety or its successor agency Motor Vehicle Safety in any case shall be given written notice within five days. If an ignition interlock
TUESDAY, APRIL 9, 2002
3403
device is found to be malfunctioning, it shall be replaced or repaired, as ordered by the court or the Department of Public Safety or its successor agency Motor Vehicle Safety, at the expense of the provider."
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Richardson of the 26th moves to amend the Committee substitute to SB 482 as follows:
On page 6, line 4, strike the words: "and constitute prima facie evidence".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson Y Anderson N Ashe Y Bannister Y Barnard Y Barnes Y Bell N Benfield N Birdsong Y Black N Boggs Y Bordeaux
Borders N Bridges Y Brooks Y Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter N Burmeister N Byrd E Callaway Y Campbell Y Cash
Channell N Childers
N Cox Y Crawford N Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G N Dix Y Dodson N Drenner N Dukes Y Ehrhart Y Epps Y Everett N Floyd Y Forster N Franklin N Gardner N Golick Y Grasse Y Graves Y Greene N Hammontree Y Hanner E Harbin Y Harrell N Heard N Heckstall Y Hembree
Y Hudgens N Hudson, N N Hudson, S N Hugley Y Irvin E Jackson, B N Jackson, L N James Y Jamieson Y Jenkins Y Jennings N Johnson
Jordan E Joyce Y Kaye N Keen Y Knox Y Lane
Lanier E Lewis N Lord
Lucas Y Lunsford Y Maddox E Mangham Y Manning Y Massey N McBee Y McCall N McClinton
Y Mueller N Muntean Y O'Neal N Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Porter Y Powell
Purcell Y Ragas N Randall N Ray N Reece N Reed Y Reichert N Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers N Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay
Y Smith, B N Smith, C N Smith, C.W Y Smith, L N Smith, P Y Smith, T Y Smith, V N Smyre Y Snelling
Snow Y Squires
Stallings N Stanley N Stanley-Turner Y Stephens Y Stokes N Taylor Y Teague Y Teper N Tillman N Turnquest Y Twiggs N Unterman
Walker, L Y Walker, R.L
Watson N West
Westmoreland Y Wiles Y Wilkinson
3404
Y Coan E Coleman, B Y Coleman, T Y Collins
Connell N Cooper
JOURNAL OF THE HOUSE
Y Henson Y Hines N Holland N Holmes Y Houston Y Howard
McKinney Millar Y Mills Y Mobley Y Morris N Mosley
Y Shanahan Y Shaw Y Sholar E Sims Y Sinkfield N Skipper
On the adoption of the amendment, the ayes were 94, nays 59. The amendment was adopted.
Y Willard N Williams, J Y Williams, R N Wix N Yates
Murphy, Speaker
The following amendments were read and adopted:
Representative Walker of the 87th moves to amend the Committee substitute to SB 482 by inserting between Sections 7 and 8 the following:
"SECTION 7A. Said title is further amended in said Code Section 40-6-391 by striking subparagraph (c)(3)(B) and inserting in lieu thereof the following: '(B) A mandatory period of imprisonment of not less than 120 days nor more than 12 months. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not less than 15 30 days of actual incarceration;'".
Representatives Parham of the 122nd and Murphy of the 18th move to amend the Committee substitute to SB 482 by striking lines 1 through 4 of page 7 and inserting in lieu thereof the following:
"(b) Reserved.'".
The following amendment was read:
Representatives Rice of the 79th and Bulloch of the 180th move to amend the Committee substitute to SB 482 by inserting "to change certain provisions relating to a form to be developed by the commissioner of public safety and its function and identifying number;" after "blood;" on line 18 of page 1.
TUESDAY, APRIL 9, 2002
3405
By inserting between Sections 4 and 5 the following:
"SECTION 4A. Said title is further amended in said Code Section 40-5-67.1 by striking subsections (g) and (i) and inserting in lieu thereof the following:
'(g)(1) A person whose drivers license is suspended or who is disqualified from operating a commercial motor vehicle pursuant to this Code section shall request, in writing, a hearing within ten business 20 days from the date of personal notice or receipt of notice sent by certified mail or statutory overnight delivery, return receipt requested, or the right to said hearing shall be deemed waived. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as is provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any attorney making an appearance at such hearing on behalf of the person whose drivers license has been suspended shall file a notice of appearance with the department prior to the date of such hearing. The Attorney General or a deputy or assistant thereof may appear as legal counsel for the department in any such hearing. The hearing shall be recorded. (2) The scope of the hearing shall be limited to the following issues:
(A) Whether the law enforcement officer had reasonable grounds to believe the person was driving or in actual physical control of a moving motor vehicle while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for violating Code Section 40-6-391; or (B) Whether the person was involved in a motor vehicle accident or collision resulting in serious injury or fatality; and (C) Whether at the time of the request for the test or tests the officer informed the person of the persons implied consent rights and the consequence of submitting or refusing to submit to such test; and (D) Whether the person refused the test; or (E) Whether a test or tests were administered and the results indicated an alcohol concentration of 0.08 grams or more or, for a person under the age of 21, an alcohol concentration of 0.02 grams or more or, for a person operating or having actual physical control of a commercial motor vehicle, an alcohol concentration of 0.04 grams or more; and (F) Whether the test or tests were properly administered by an individual possessing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on an instrument approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic Sciences, including whether the machine at the time of the test was operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order, which shall be required. A copy of the operators permit showing that the operator has been trained on the particular type of instrument used and one of the original copies of the test results or, where the test is performed by the
3406
JOURNAL OF THE HOUSE
Division of Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph. (3) The hearing officer shall, within five calendar days after such hearing, forward a decision to the department to rescind or sustain the drivers license suspension or disqualification. If no hearing is requested within the ten business days specified above, and the failure to request such hearing is due in whole or in part to the reasonably avoidable fault of the person, the right to a hearing shall have been waived. The request for a hearing shall not stay the suspension of the drivers license; provided, however, that if the hearing is timely requested and is not held before the expiration of the temporary permit and the delay is not due in whole or in part to the reasonably avoidable fault of the person, the suspension shall be stayed until such time as the hearing is held and the hearing officers decision is made. (4) In the event the person is acquitted of a violation of Code Section 40-6-391 or such charge is initially disposed of other than by a conviction or plea of nolo contendere, then the suspension shall be terminated and deleted from the drivers license record. An accepted plea of nolo contendere shall be entered on the drivers license record and shall be considered and counted as a conviction for purposes of any future violations of Code Section 40-6-391. In the event of an acquittal or other disposition other than by a conviction or plea of nolo contendere, the drivers license restoration fee shall be promptly returned by the department to the licensee.' '(i) Subject to the limitations of this subsection, any law enforcement officer who attends a hearing provided for by subsection (g) of this Code section for the purpose of giving testimony relative to the subject of such hearing shall be compensated in the amount of $20.00 $40.00 for each days attendance at such hearing. In the event a law enforcement officer gives testimony at two or more different hearings on the same day, such officer shall receive only $20.00 $40.00 for attendance at all hearings. The compensation provided for in this subsection shall not be paid to any law enforcement officer who is on regular duty or who is on a lunch or other break from regular duty at the time the officer attends any such hearing. The compensation provided for by this subsection shall be paid to the law enforcement officer by the department from department funds at such time and in such manner as the commissioner shall provide by rules or regulations. The commissioner shall also require verification of a law enforcement officers qualifying to receive the payment authorized by this subsection by requiring the completion of an appropriate document in substantially the following form:
IMPLIED CONSENT HEARING ATTENDANCE RECORD
OFFICER: _____________________ S.S. No. _______________
ADDRESS: ___________________________________________________________
Street
City
State
ZIP Code
DATE: ___________________ TIME: __________________ A.M.
P.M.
TUESDAY, APRIL 9, 2002
3407
CASE: _______________________________________________________________ This is to certify that the police officer named above attended an implied consent hearing as a witness or complainant on the date and time shown above. HEARING OFFICER: _______________ TITLE: _______________ I certify that I appeared at the implied consent hearing described above on the date and time shown above and that I was not on regular duty at the time of attending the hearing and that I have not received and will not receive compensation from my regular employer for attending the hearing.
Signature of officer: _______________________ APPROVED FOR PAYMENT: _______________________
Comptroller'".
By redesignating Section 8A as Section 8B.
By inserting between Sections 8 and 8B the following:
"SECTION 8A. Said title is further amended by striking Code Section 40-13-1, relating to a form to be developed by the commissioner of public safety and its function and identifying number, and inserting in lieu thereof the following:
'40-13-1. The commissioner of public safety shall develop a uniform traffic citation and complaint form for use by all law enforcement officers who are empowered to enforce the traffic laws and ordinances in effect in this state. Such form shall serve as the citation, summons, accusation, or other instrument of prosecution of the offense or offenses for which the accused is charged, and as the record of the disposition of the matter by the court before which the accused is brought,; for purposes of Code Section 40-5-67.1 such form shall provide notice of the drivers license suspension, serve as the 30 day temporary driving permit, and provide notice of the right to a hearing; and shall contain such other matter as the commissioner shall provide. Each such form shall have a unique identifying number which shall serve as the docket number for the court having jurisdiction of the accused.'".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Allen Y Amerson N Anderson N Ashe N Bannister Y Barnard
Y Cox Y Crawford Y Cummings N Davis
Day N Dean
Y Hudgens N Hudson, N N Hudson, S N Hugley Y Irvin E Jackson, B
Y Mueller Y Muntean N O'Neal N Orrock N Parham N Parrish
Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P N Smith, T
3408
N Barnes N Bell N Benfield N Birdsong N Black N Boggs N Bordeaux
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 Coan E Coleman, B N Coleman, T Y Collins N Connell Y Cooper
JOURNAL OF THE HOUSE
N Deloach, B Y Deloach, G Y Dix N Dodson N Drenner Y Dukes
Ehrhart N Epps Y Everett N Floyd Y Forster Y Franklin N Gardner N Golick Y Grasse
Graves N Greene N Hammontree N Hanner E Harbin
Harrell N Heard N Heckstall Y Hembree N 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 E Joyce Y Kaye Y Keen N Knox N Lane Y Lanier E Lewis N Lord
Lucas Y Lunsford N Maddox E Mangham Y Manning N Massey N McBee N McCall N McClinton
McKinney Millar Y Mills N Mobley Y Morris N Mosley
N Parsons N Pelote Y Pinholster
Poag N Porter N Powell N Purcell N Ragas N Randall N Ray N Reece N Reed N Reichert Y Rice N Richardson Y Roberts, D N Roberts, L N Rogers N Royal
Sailor Y Sanders Y Scheid Y Scott N Seay Y Shanahan N Shaw N Sholar E Sims N Sinkfield N Skipper
Y Smith, V N Smyre Y Snelling N Snow N Squires
Stallings N Stanley N Stanley-Turner
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 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 60, nays 100. The amendment was lost.
Representative Reichert of the 126th moved that the House reconsider its action in adopting the Walker amendment.
On the motion, the roll call was ordered and the vote was as follows:
Y Allen N Amerson Y Anderson Y Ashe Y Bannister N Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black
N Cox Y Crawford N Cummings N Davis Y Day Y Dean Y Deloach, B Y Deloach, G N Dix Y Dodson Y Drenner
N Hudgens Y Hudson, N Y Hudson, S Y Hugley N Irvin E Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings
N Mueller N Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote N Pinholster
Poag Y Porter
Y Smith, B N Smith, C N Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V N Smyre N Snelling N Snow Y Squires
N Boggs Y Bordeaux
Borders N Bridges Y Brooks Y Broome N Brown N Buck Y Buckner N Bulloch N Bunn Y Burkhalter N Burmeister N Byrd Y Callaway Y Campbell N Cash Y Channell Y Childers N Coan E Coleman, B Y Coleman, T N Collins Y Connell Y Cooper
TUESDAY, APRIL 9, 2002
N Dukes Ehrhart
Y Epps N Everett Y Floyd N Forster N Franklin Y Gardner N Golick N Grasse Y Graves Y Greene N Hammontree Y Hanner E Harbin N Harrell Y Heard N Heckstall N Hembree Y Henson N Hines Y Holland Y Holmes Y Houston Y Howard
Y Johnson Jordan
E Joyce N Kaye N Keen Y Knox N Lane N Lanier E Lewis
Lord Lucas N Lunsford Y Maddox E Mangham N Manning N Massey Y McBee Y McCall Y McClinton McKinney N Millar N Mills N Mobley Y Morris N Mosley
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 Royal
Sailor N Sanders N Scheid N Scott Y Seay N Shanahan Y Shaw Y Sholar E Sims Y Sinkfield Y Skipper
On the motion, the ayes were 89, nays 73. The motion prevailed.
3409
Stallings Y Stanley Y Stanley-Turner
Stephens Y Stokes N Taylor Y Teague Y Teper Y Tillman N 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 N Wix N Yates
Murphy, Speaker
Representative Smith of the 19th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
On the re-adoption of the Walker amendment, the roll call was ordered and the vote was as follows:
N Allen Y Amerson N Anderson N Ashe N Bannister Y Barnard N Barnes Y Bell Y Benfield N Birdsong N Black Y Boggs Y Bordeaux
Y Cox Y Crawford Y Cummings Y Davis N Day N Dean Y Deloach, B Y Deloach, G Y Dix N Dodson Y Drenner Y Dukes
Ehrhart
Y Hudgens N Hudson, N N Hudson, S N Hugley Y Irvin E Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan
Y Mueller Y Muntean N O'Neal N Orrock N Parham N Parrish
Parsons Y Pelote Y Pinholster
Poag N Porter N Powell N Purcell
Y Smith, B Y Smith, C
Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V N Smyre Y Snelling Y Snow Y Squires
Stallings N Stanley
3410
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 N Campbell Y Cash
Channell Y Childers Y Coan E Coleman, B N Coleman, T Y Collins N Connell Y Cooper
JOURNAL OF THE HOUSE
N Epps N Everett N Floyd Y Forster Y Franklin N Gardner Y Golick Y Grasse Y Graves N Greene Y Hammontree N Hanner E Harbin Y Harrell N Heard N Heckstall Y Hembree N Henson Y Hines N Holland N Holmes Y Houston N Howard
E Joyce Y Kaye Y Keen N Knox N Lane Y Lanier E Lewis N Lord
Lucas Y Lunsford N Maddox E Mangham Y Manning Y Massey N McBee N McCall N McClinton
McKinney Y Millar Y Mills N Mobley Y Morris Y Mosley
N Ragas N Randall
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 Y Shanahan N Shaw N Sholar E Sims N Sinkfield N Skipper
N Stanley-Turner Y Stephens Y Stokes N Taylor N Teague N Teper N Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson N Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
On the re-adoption of the Walker amendment, the ayes were 86, nays 75. The amendment was adopted.
The following amendments were read and adopted:
Representative Franklin of the 39th moves to amend the Committee substitute to SB 482 by inserting "to provide for seizure, suspension, and revocation of drivers licenses for certain conduct involving homicide or feticide by vehicle and driving under the influence or speeding; to provide that persons convicted of certain offenses shall not be licensed again;" after "so as" on line 4 of page 1.
By striking line 24 of page 1 and inserting in lieu thereof the following:
"SECTION A.".
By inserting between lines 25 and 26 of page 1 the following: "amended by inserting a new Code section to read as follows: '40-5-54.2. (a) Whenever any person is charged with the offenses of: (1)(A) Homicide by vehicle, as defined by Code Section 40-6-393; or
TUESDAY, APRIL 9, 2002
3411
(B) Feticide by vehicle, as defined by Code Section 40-6-393.1; and (2)(A) Violating Code Section 40-6-391 where the persons alcohol concentration at the time of the offense was 0.08 grams or more; or (B) Exceeding the maximum lawful speed limit by 24 miles per hour or more and such charges arise out of the same course of conduct, the law enforcement officer shall take the drivers license of the person so charged. The drivers license shall be attached to the courts copy of the citation and complaint form and shall be forwarded to the court having jurisdiction of the offenses. A copy of the citation and complaint form shall be forwarded, within ten days of issue, to the department. Taking the drivers license as required in this Code section shall not prohibit any law enforcement officer or agency from requiring any cash bond authorized by Article 1 of Chapter 6 of Title 17. (b)(1) No temporary driving permit shall be issued to a person whose drivers license has been seized as provided by this Code section. (2) Upon the receipt of a sworn written report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had committed offenses arising out of the same course of conduct which constitute grounds for seizure of a drivers license under subsection (a) of this Code section, the department shall suspend the persons drivers license, subject to review as provided in this chapter. (c)(1) If the person is convicted of violating or enters a plea of nolo contendere to offenses arising out of the same course of conduct which constitute grounds for seizure of a drivers license under subsection (a) of this Code section, the court shall, within ten days of such conviction or plea, forward the persons drivers license and the record of the disposition of the case to the department, and the department shall forthwith revoke the persons drivers license. The department shall not issue any new or renewal drivers license or permit to any person who is convicted of violating or enters a plea of nolo contendere to offenses arising out of the same course of conduct which constitute grounds for revocation under this subsection. (2) If the person is not convicted of violating and does not enter a plea of nolo contendere to offenses arising out of the same course of conduct which constitute grounds for seizure of a drivers license under subsection (a) of this Code section, and the court is in possession of the drivers license, the court shall upon adjudication or dismissal of the charges return the drivers license to the person and notify the department forthwith of the disposition of the case, and the suspension of the drivers license shall terminate upon such adjudication or dismissal; unless the license is in suspension or revocation for any other offense, in which case the court shall forward the license to the department. (d) In case of any conflict between the provisions of this Code section and Code Section 40-5-63, 40-5-67, 40-5-67.1, or 40-5-67.2, the provisions of this Code section shall control.'
Said title is further".
SECTION 1.
3412
JOURNAL OF THE HOUSE
Representatives Smith of the 175th, Parham of the 122nd and Wiles of the 34th move to amend the Committee substitute to SB 482 by inserting "paragraphs (3) through (6) of" before "Code Section" on line 33 of page 6.
The Committee substitute, as amended, was adopted.
Representative Walker of the 141st moved that the House reconsider its action in adopting the Committee substitute, as amended.
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
Birdsong Y Black N Boggs Y Bordeaux Y Borders N Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner N Bulloch N Bunn Y Burkhalter N Burmeister Y Byrd N Callaway Y Campbell N Cash Y Channell Y Childers N Coan E Coleman, B Y 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 N Dix Y Dodson Y Drenner N Dukes
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 E Harbin Y Harrell Y Heard Y Heckstall N Hembree Y Henson N Hines Y Holland Y Holmes Y Houston Y Howard
N Hudgens Y Hudson, N Y Hudson, S Y Hugley N Irvin E Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings Y Johnson Y Jordan E Joyce N Kaye N Keen N Knox Y Lane N Lanier E Lewis Y Lord Y Lucas N Lunsford Y Maddox E Mangham N Manning N Massey Y McBee Y McCall Y McClinton
McKinney N Millar N Mills Y Mobley
Morris Y Mosley
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
Ray Y Reece Y Reed Y Reichert N Rice Y 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 E Sims Y Sinkfield Y Skipper
Y Smith, B N 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
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 Y Willard N Williams, J N Williams, R Y Wix N Yates
Murphy, Speaker
TUESDAY, APRIL 9, 2002
3413
On the motion, the ayes were 99, nays 65. The motion prevailed.
Representative Walker of the 141st moved that the House reconsider its action in adopting the Franklin 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 N Boggs Y Bordeaux Y Borders N Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner N Bulloch N Bunn Y Burkhalter N Burmeister Y Byrd N Callaway Y Campbell N Cash Y Channell Y Childers N Coan E Coleman, B Y 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 N Dix Y Dodson Y Drenner N Dukes
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 E Harbin Y Harrell Y Heard Y Heckstall N Hembree Y Henson N Hines Y Holland Y Holmes Y Houston Y Howard
N Hudgens Y Hudson, N Y Hudson, S Y Hugley N Irvin E Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings Y Johnson Y Jordan E Joyce N Kaye N Keen N Knox Y Lane N Lanier E Lewis Y Lord Y Lucas N Lunsford Y Maddox E Mangham N Manning N Massey Y McBee Y McCall Y McClinton
McKinney N Millar N Mills Y Mobley N Morris Y Mosley
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
Ray Y Reece Y Reed Y Reichert N Rice Y 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 E Sims Y Sinkfield Y Skipper
N Smith, B N 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
Stallings Y Stanley Y Stanley-Turner N Stephens Y Stokes Y Taylor Y Teague Y Teper Y Tillman N Turnquest Y Twiggs N Unterman Y Walker, L N Walker, R.L Y Watson Y West N Westmoreland N Wiles N Wilkinson Y Willard N Williams, J N Williams, R Y Wix N Yates
Murphy, Speaker
On the motion, the ayes were 99, nays 67.
3414
JOURNAL OF THE HOUSE
The motion prevailed.
On the re-adoption of the Franklin 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 N Bridges N Brooks N Broome Y Brown N Buck N Buckner N Bulloch Y Bunn N Burkhalter Y Burmeister Y Byrd Y Callaway N Campbell N Cash N Channell
Childers Y Coan E Coleman, B N Coleman, T Y Collins N Connell Y Cooper
Y Cox Y Crawford
Cummings Y Davis N 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
Golick Y Grasse N Graves N Greene Y Hammontree N Hanner E Harbin N Harrell N Heard N Heckstall Y Hembree N Henson Y Hines Y Holland N Holmes N Houston N Howard
N Hudgens N Hudson, N N Hudson, S N Hugley Y Irvin E Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan E Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier E Lewis N Lord N Lucas N Lunsford N Maddox E Mangham Y Manning Y Massey N McBee N McCall N McClinton
McKinney Y Millar Y Mills N Mobley Y Morris N Mosley
Y Mueller Y Muntean Y O'Neal N Orrock N Parham N Parrish N Parsons N Pelote
Pinholster Poag N Porter N Powell N Purcell N Ragas N Randall N Ray N Reece N Reed N Reichert Y Rice N Richardson Y Roberts, D N Roberts, L N Rogers N Royal Sailor Y Sanders Scheid Y Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper
N Smith, B N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires
Stallings N Stanley N Stanley-Turner Y Stephens N Stokes N Taylor N Teague N Teper N Tillman N Turnquest
Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West N Westmoreland Y Wiles Y Wilkinson N Willard Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker
On the re-adoption of the Franklin amendment, the ayes were 53, nays 110. The amendment was lost.
The Committee substitute, as amended, was adopted.
TUESDAY, APRIL 9, 2002
3415
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 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 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 N Franklin Y Gardner Y Golick Y Grasse 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 E 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 E Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
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 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 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
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 166, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
3416
JOURNAL OF THE HOUSE
The Speaker Pro Tem assumed the Chair.
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.
The following Committee substitute was read:
A BILL
To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change certain provisions relating to government meetings which are not required to be open to the public; to change certain provisions relating to government records which are not required to be disclosed to the public; 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 50 of the Official Code of Georgia Annotated, relating to state government, is amended in Code Section 50-14-3, relating to government meetings which are not required to be open to the public, by striking the word "and" at the end of paragraph (7); by replacing the period at the end of paragraph (8) with the word and symbol "; and"; and by adding a new paragraph (9) to read as follows:
"(9) Meetings when discussing any records which are exempt from public inspection or disclosure pursuant to paragraph (15) of subsection (a) of Code Section 50-18-72 or when discussing any information a record of which would be exempt from public inspection or disclosure under said paragraph."
SECTION 2. Said title is further amended in subsection (a) of Code Section 50-18-72, relating to government records which are not required to be disclosed to the public, by striking the word "or" at the end of paragraph (13.1); by replacing the period at the end of paragraph
TUESDAY, APRIL 9, 2002
3417
(14) with the symbol and word "; or"; and by adding a new paragraph (15) to read as follows:
"(15) Records which would compromise the security against terrorist attack of one or more government facilities by revealing any of the following:
(A) The elements of a plan for protection against terrorist or other attack, which plan elements depend for their effectiveness in whole or in part upon a lack of general public knowledge of such elements; (B) The existence, nature, location, or function of security devices designed to protect against terrorist or other attack, which devices depend for their effectiveness in whole or in part upon a lack of general public knowledge of such devices; (C) Plans, blueprints, or other materials which would reveal information about the structure or function of a government facility, which information is not already general public knowledge and which information if made publicly available could facilitate the planning of a terrorist or other attack against or by means of the facility. By way of illustration and not limitation, information protected under this subparagraph may include information concerning such things as: the location and function of nonpublic points of entry to and exit from government facilities; the location and function of government facility ventilation and utility systems; the location and function of government facility computers; and the location and function of generation, processing, and transmission facilities used in water, gas, electric, and other utility systems and plants operated by any agency; or (D) In the event of litigation challenging nondisclosure by an agency, the court may review the documents in question in camera and may condition disclosure upon such measures as the court may find in writing to be necessary to protect against endangerment of life, safety or public property."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendments were read and adopted:
Representatives Day of the 153rd, Buck of the 135th and Stephens of the 150th move to amend the Committee substitute to SB 396 by inserting on line 2 of page 1, following the words "so as to", the following:
"clarify the definition of an agency to which such provisions are applicable to include county boards of equalization and county boards of tax assessors; to".
3418
JOURNAL OF THE HOUSE
By inserting immediately following line 8 of page 1 the following:
"in Code Section 50-14-1, relating to definitions regarding open and public meetings, by striking subparagraph (a)(1)(C) and inserting in its place a new subparagraph (a)(1)(C) to read as follows:
'(C) Every department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of the state. Without limiting the generality of the foregoing, this subparagraph shall include, but not be limited to, every county board of equalization and every county board of tax assessors;'
Said title is further amended".
SECTION 2.
By renumbering Sections 2, 3, and 4 and Sections 3, 4, and 5, respectively.
Representative Ashe of the 46th moves to amend the Committee substitute to SB 396 as follows:
By inserting on line 23 of page 1 after the word "facilities" the following "or operations".
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 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
Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin E Jackson, B
Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Johnson Y Jordan
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 Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires
Stallings Y Stanley
Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins
Connell Y Cooper
TUESDAY, APRIL 9, 2002
Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene
Hammontree Hanner E Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard
E Joyce E Kaye Y Keen Y Knox Y Lane Y Lanier E Lewis Y Lord Y Lucas
Lunsford Y Maddox E Mangham Y Manning Y Massey Y McBee
McCall Y McClinton
McKinney 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 E Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
3419
Y Stanley-Turner Y Stephens Y Stokes
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
Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
The Speaker assumed the Chair.
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.
The following Committee substitute was read:
3420
JOURNAL OF THE HOUSE
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 certified 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 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 31 of the Official Code of Georgia Annotated, relating to health, is amended in subsection (f) of Code Section 31-5A-4, relating to the departments powers, duties, functions, and responsibilities, divisions, directors, the Office of Womens Health, and contracts for health benefits, by striking the word "and" at the end of paragraph (6), by striking the period at the end of paragraph (7) and inserting in lieu thereof the word and symbol "; and", and by adding a new paragraph (8) to read as follows:
"(8) Is authorized to award grants, as funds are available, to hospital authorities and hospitals for public health purposes, pursuant to Code Sections 31-7-94 and 31-794.1."
SECTION 2. Said title is further amended by striking Code Section 31-7-94, relating to grants to hospital authorities, and inserting in its place the following:
"31-7-94. The state is authorized to make grants, as funds are available, to hospital authorities for public health purposes, provided that any funds so granted shall be distributed to and among the various public hospital authorities in the state in proportion to the number of hospital beds operated by each such hospital authority at the end of the calendar year preceding the grant. Funds shall be distributed to public hospitals operated by consolidated governments in the same manner as to authority hospitals prescribed in this Code section. Grants made by the state pursuant to this Code section shall be administered by the Department of Human Resources Community Health in accordance with such rules, regulations, and procedures as it shall deem necessary for effective administration of such grants."
SECTION 3. Said title is further amended by striking Code Section 31-7-94.1, relating to certification of rural hospitals for grant eligibility and rules and regulations relative to the "Rural Hospital Authorities Assistance Act," and inserting in its place the following:
"31-7-94.1.
TUESDAY, APRIL 9, 2002
3421
(a) This Code section shall be known and may be cited as the 'Rural Hospital Authorities Assistance Act.' (b) The General Assembly finds that hospital authorities are created under Code Section 31-7-72 in and for each county and municipal corporation of the state in order to promote public health goals of the state. The General Assembly further finds that many hospitals owned or operated by hospital authorities in rural counties, whether or not they are owned or operated by hospital authorities, are in desperate financial straits. In order to preserve the availability of primary health care services provided by such hospitals to residents of rural counties, the General Assembly has determined that a program of state grants is necessary and recommends funds be made available to such hospitals. These grants will be conditioned upon those hospitals continuing to furnish essential health care services to residents in their areas of operation as well as engaging in the long-range planning and any restructuring which may be required for those hospitals to survive by devising cost-effective and efficient health care systems for meeting local health care needs. (c) As used in this Code section, the term:
(1) 'Department of Community Health' means the Department of Community Health created under Chapter 5A of this title. (2) 'Hospital' means an institution which has a permit as a hospital issued under this chapter. (3) 'Rural county' means a county having a population of less than 35,000 according to the United States decennial census of 1990 or any future such census. (4) 'Rural hospital' means a hospital owned or operated by a hospital authority, which hospital has been certified by the Department of Community Health as:
(A) Being located in a rural county; (B) Participating in both Medicaid and medicare and accepting both Medicaid and medicare patients; (C) Providing health care services to indigent patients; and (D) Maintaining a 24 hour emergency room. (d) A rural hospital may apply for a grant available under subsection (e) of this Code section if it has been certified by the Department of Community Health as: (1) A rural hospital; (2) Having submitted a grant application which includes: (A) A problem statement indicating the problem the rural hospital proposes to solve with the grant funds; (B) The goals of the proposed solution; (C) The organizational structure, financial system, and facilities that are essential to the proposed solution; (D) The projected longevity of the proposed solution after the grant funds are expended; (E) Evidence of collaboration with other community health care providers in achieving the proposed solution;
3422
JOURNAL OF THE HOUSE
(F) Evidence that funds for the proposed solution are not available from another source; (G) Evidence that the grant funds would assist in returning the hospital to an economically stable condition or that any plan for closure or realignment of services involves development of innovative alternatives for the discontinued services; (H) Evidence of a satisfactory record-keeping system to account for grant fund expenditures within the rural county; (I) A community health survival plan describing how the plan was developed, the goals of the plan, the links with existing health care providers under the plan, the implementation process including quantification of indicators of the hospitals financial well-being, measurable outcome targets, and the current condition of such hospital; and (J) Such additional evidence as the Department of Community Health may require to demonstrate the feasibility of the proposed solution for which grant funds are sought. (e) Notwithstanding the provisions of Code Section 31-7-94, the department Department of Community Health is authorized to make grants to rural hospitals certified as meeting the requirements of subsection (d) of this Code section. Such grants Grants to rural hospitals owned or operated by hospital authorities may be for any of the following purposes: (1) Infrastructure development, including, without being limited to, facility renovation or equipment acquisition; provided, however, that the amount granted to any qualified hospital may not exceed the expenditure thresholds that would constitute a new institutional health service requiring a certificate of need under Chapter 6 of this title and the grant award may be conditioned upon obtaining local matching funds; (2) Strategic planning, including, without being limited to, strategies for personnel retention or recruitment, development of an emergency medical network, or the development of a collaborative and integrated health care delivery system with other health care providers, and the grant award may be conditioned upon obtaining local matching funds for items such as telemedicine, billing systems, and medical records. For the purposes of this paragraph, the maximum grant to any grantee shall be $200,000.00; or (3) Nontraditional health care delivery systems, excluding operational funds and purposes for which grants may be made under paragraph (1) or (2) of this subsection. For the purposes of this paragraph, the maximum grant to any grantee shall be $1.5 million; or (4) The provision of health care services to indigent patients in the rural county. Any grants to certified rural hospitals which are not owned or operated by hospital authorities shall be limited to the purpose described in paragraph (4) of this Code section. (f) In awarding grants under this Code section, the department Department of Community Health may give priority to any otherwise eligible rural hospital which
TUESDAY, APRIL 9, 2002
3423
meets the definition of a 'necessary provider' as specified in the states 'Rural Healthcare Plan' of May, 1998. (g) The department shall adopt regulations to implement its powers and duties under this Code section. The Department of Community Health shall be authorized to certify rural hospitals as provided in subsection (d) of this Code section and shall adopt regulations to implement its powers and duties under this Code section."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Channell of the 111th and Coleman of the 142nd moves to amend the Committee substitute to SB 442 by inserting on line 5 of page 1 after the word and symbol "matters;" the following:
"to provide for an effective date;".
By striking line 14 of page 4 and inserting in lieu thereof the following: "(4) The provision of 24 hour emergency room services open to the general public."
By inserting between lines 24 and 25 of page 4 the following:
"This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5."
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:
3424
JOURNAL OF THE HOUSE
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 E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner
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 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 E Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce E Kaye Y Keen Y Knox Y Lane Y Lanier E Lewis Y Lord Y Lucas Y Lunsford Y Maddox E 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 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 E 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
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, as amended, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
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
TUESDAY, APRIL 9, 2002
3425
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.
The following Committee substitute was read:
A BILL
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 provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, is amended in Code Section 40-11-1, relating to definitions, by striking subparagraphs (C), (D), and (E) of paragraph (1) and paragraph (3) and inserting in lieu thereof the following:
"(C) Which has been lawfully towed onto the property of another at the request of a law enforcement officer and left there for a period of not less than 30 days without anyones anyone having made claim thereto paid all reasonable current charges for such towing and storage; (D) Which has been lawfully towed onto the property of another at the request of a property owner on whose property the vehicle was abandoned and left there for a period of not less than 30 days without the owners anyone having made claim thereto paid all reasonable current charges for such towing and storage; or (E) Which has been left unattended on private property for a period of not less than 30 days without anyones having made claim thereto." "(3) 'Owner' or 'owners' means the registered owner, the owner as recorded on the title, lessor, lessee, security interest holders, and all lienholders as shown on the records of the Department of Motor Vehicle Safety."
SECTION 2. Said article is further amended by striking Code Section 40-11-2, relating to duty of person removing or storing motor vehicle, and inserting in lieu thereof the following:
"40-11-2.
3426
JOURNAL OF THE HOUSE
(a) Any person who removes a motor vehicle from public property at the request of a law enforcement officer or stores such vehicle shall, if the owner of the vehicle or some person acting for the owner is not present, seek the identity of and address of the last all known registered owner of such vehicle, the owner of the vehicle as recorded on the title of such vehicle, and any security interest holder or lienholder owners of such vehicle from the law enforcement officer requesting removal of such, or from such officers agency, or from a local law enforcement agency for the jurisdiction in which the removers or storers place of business is located, within 72 hours three business days of removal. The local law enforcement agency shall furnish such information to the person removing such vehicle within 72 hours three business days after receipt of such request. (b) Any person who removes a motor vehicle from private property at the request of the property owner or stores such vehicle shall, if the owner of the vehicle or some person acting for the owner is not present, notify in writing a local law enforcement agency of the location of the vehicle, the manufacturers vehicle identification number, license number, model, year, and make of the vehicle within 72 hours three business days of the removal of such vehicle and shall seek from the local law enforcement agency the identity and address of the last all known registered owner owners of such vehicle, the owner of the vehicle as recorded on the title, and any security interest holder or lienholder and any information indicating that such vehicle is a stolen motor vehicle. The local law enforcement agency shall furnish such information to the person removing such vehicle within 72 hours three business days after receipt of such request. (c) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined to be a stolen motor vehicle, the local law enforcement officer or agency shall notify the Georgia Crime Information Center of the location of such motor vehicle within 72 hours after receiving notice that such motor vehicle is a stolen vehicle. (d) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined not to be a stolen vehicle or is not a vehicle being repaired by a repair facility or is not being stored by an insurance company providing insurance to cover damages to the vehicle, the person removing or storing such motor vehicle shall, within seven calendar days of the day such motor vehicle was removed or one business day after the information is furnished to the remover or storer pursuant to subsection (a) or (b) of this Code section, whichever is later, notify the owner and any security interest holder or lienholder all owners, if known, by written acknowledgment signed thereby or by certified or registered mail or statutory overnight delivery, of the location of such motor vehicle, the fees connected with removal and storage of such motor vehicle, and the fact that such motor vehicle will be deemed abandoned under this chapter unless the owner, security interest holder, or lienholder redeems such motor vehicle within 30 days of the day such vehicle was removed. (e) If the owner, security interest holder, or lienholder fails to redeem none of the owners redeems such motor vehicle as described in subsection (d) of this Code section, or if a vehicle being repaired by a repair facility or being stored by an insurance
TUESDAY, APRIL 9, 2002
3427
company providing insurance to cover damages to the vehicle becomes abandoned, the person removing or storing such motor vehicle shall, within seven calendar days of the day such vehicle became an abandoned motor vehicle, give notice in writing, by sworn statement, on the form prescribed by the commissioner, to the Department of Motor Vehicle Safety with a research fee of $2.00 payable to the Department of Motor Vehicle Safety, stating the manufacturers vehicle identification number, the license number, the fact that such vehicle is an abandoned motor vehicle, the model, year, and make of the vehicle, the date the vehicle became an abandoned motor vehicle, the date the vehicle was removed, and the present location of such vehicle and requesting the name and address of all owners, lessors, lessees, security interest holders, and lienholders of such vehicle. If the form submitted to the Department of Motor Vehicle Safety is rejected because of inaccurate or missing information, the person removing or storing the vehicle shall resubmit, within seven calendar days of the date of the rejection, a corrected notice form to the Department of Motor Vehicle Safety together with an additional research fee of $2.00 payable to the Department of Motor Vehicle Safety. Each subsequent corrected notice, if required, shall be submitted with an additional research fee of $2.00 payable to the Department of Motor Vehicle Safety. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, such person shall check the motor vehicle records of that other state in the attempt to ascertain the identity of the owner of the vehicle. Research requests may be submitted and research fees made payable to the office of the tax commissioner and deposited in the general fund for the county in which the removers or storers place of business is located in lieu of the Department of Motor Vehicle Safety, but in like manner, if such office processes motor vehicle records of the Department of Motor Vehicle Safety. (f) Upon ascertaining the owner owners of such motor vehicle, the person removing or storing such vehicle shall, within five calendar days, by certified or registered mail or statutory overnight delivery, notify the owner, lessors, lessees, security interest holders, and lienholders all known owners of the vehicle of the location of such vehicle and of the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed. (g) If the identity of the owner owners of such motor vehicle cannot be ascertained, the person removing or storing such vehicle shall place an advertisement in a newspaper of general circulation in the county where such vehicle was obtained or, if there is no newspaper in such county, shall post such advertisement at the county courthouse in such place where other public notices are posted. Such advertisement shall run in the newspaper once a week for two consecutive weeks or shall remain posted at the courthouse for two consecutive weeks. The advertisement shall contain a complete description of the motor vehicle, its license and manufacturers vehicle identification numbers, the location from where such vehicle was initially removed, the present location of such vehicle, and the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.
3428
JOURNAL OF THE HOUSE
(h) The Department of Motor Vehicle Safety shall provide to the Georgia Crime Information Center all relevant information from sworn statements described in subsection (e) of this Code section for a determination of whether the vehicles removed have been entered into the criminal justice information system as stolen vehicles. The results of the determination shall be provided electronically to the Department of Motor Vehicle Safety. (i) Any person storing a vehicle under the provisions of this Code section shall notify the Department of Motor Vehicle Safety if the vehicle is recovered, is claimed by the owner, is determined to be stolen, or for any reason is no longer an abandoned motor vehicle. Such notice shall be provided within seven calendar days of such event. (j) If vehicle information on the abandoned motor vehicle is not in the files of the Department of Motor Vehicle Safety, the department may require such other information or confirmation as it determines is necessary or appropriate to determine the identity of the vehicle. (k) Any person who does not provide the notice and information required by this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor, shall not be entitled to any storage fees, shall not be eligible to contract with or serve on a rotation list providing wrecker services for this state or any political subdivision thereof, and shall not be licensed by any municipal authority to provide removal of improperly parked cars under Code Section 44-1-13. (l) Any person who knowingly provides false or misleading information when providing any notice or information as required by this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor."
SECTION 3. Said article is further amended by striking Code Section 40-11-5, relating to lien foreclosure procedure, and inserting in lieu thereof the following:
"40-11-5. All liens acquired under Code Section 40-11-4 shall be foreclosed as follows:
(1) Any proceeding to foreclose a lien on an abandoned motor vehicle must be instituted within one year from the time the lien is recorded or is asserted by retention; (2) The person desiring to foreclose a lien on an abandoned motor vehicle shall, by certified or registered mail or statutory overnight delivery, make a demand upon the owner owners for the payment of the reasonable fees for removal and storage plus the costs of any notification or advertisement. Such written demand shall include an itemized statement of all charges and may be made concurrent with the notice required by subsection (f) of Code Section 40-11-2. Such demand shall be made on a form prescribed by rule or regulation of the Department of Motor Vehicle Safety and shall notify the owner of his or her right to a judicial hearing to determine the validity of the lien. The demand shall further state that failure to return the written demand to the lien claimant, file with a court of competent jurisdiction a petition for a judicial hearing, and provide the lien claimant with a copy of such petition, all within ten days of delivery of the lien claimants written demand, shall effect a waiver of the owners
TUESDAY, APRIL 9, 2002
3429
right to such a hearing prior to sale. The form shall also provide the suspected owner with the option of disclaiming any ownership of the vehicle, and his or her affidavit to that effect shall control over anything contrary in the records of the Department of Motor Vehicle Safety. No such written demand shall be required if the identity of the owner cannot be ascertained and the notice requirements of subsection (g) of Code Section 40-11-2 have been complied with;
(3)(A) If, within ten days of delivery to the appropriate address of the written demand required by paragraph (2) of this Code section, the owner of the abandoned motor vehicle fails to respond to such demand pay or file with the court a petition for a judicial hearing with a copy to the lien claimant in accordance with the notice provided pursuant to paragraph (2) of this subsection or refuses to pay, or if the owner of the abandoned motor vehicle cannot be ascertained, the person removing or storing the abandoned motor vehicle may foreclose such lien. The person asserting such lien may move to foreclose by making an affidavit to a court of competent jurisdiction, on a form prescribed by rule or regulation of the Department of Motor Vehicle Safety, showing all facts necessary to constitute such lien and the amount claimed to be due. Such affidavit shall aver that the notice requirements of Code Section 40-11-2 have been complied with, and such affidavit shall also aver that a demand for payment in accordance with paragraph (2) of this subsection has been made and refused without satisfaction or without a timely filing of a petition for a judicial hearing or that the identity of the owner cannot be ascertained. The person foreclosing shall verify the statement by oath or affirmation and shall affix his or her signature thereto. (B) Regardless of the court in which the affidavit required by this paragraph is filed, the fee for filing such affidavit shall be $10.00 per motor vehicle upon which a lien is asserted; (4)(A) If no timely petition for a hearing has been filed with a court of competent jurisdiction, then, upon Upon such affidavits being filed by the lien claimant pursuant to paragraph (3) of this subsection, the lien claimant shall give the clerk or judge of the court the address (if known) of the owner, lessor, lessee, security interest holders, and lienholders of the abandoned vehicle. The clerk or judge of the court shall serve notice upon such owner, lessor, lessee, security interest holders, and lienholders of the abandoned motor vehicle of a right to a hearing to determine if reasonable cause exists to believe that a valid debt exists; that such hearing must be petitioned for within ten days after receipt of such notice; and that, if no petition for such hearing is filed within the time allowed, the lien will conclusively be deemed a valid one and foreclosure thereof allowed.; (B) Any notice required by this paragraph shall be by certified mail or statutory overnight delivery or, if the owner, lessor, lessee, security interest holder, or lienholder is unknown, by posting such notice at the county courthouse in such place where other public notices are posted; (5) If a petition for a probable cause hearing is filed within the time allowed with a court of competent jurisdiction within ten days after delivery of the lien claimants
3430
JOURNAL OF THE HOUSE
demand, a copy of which demand shall be attached to the petition, the court shall set such a hearing within ten days of filing of the petition. If, at the hearing, the court determines that reasonable cause exists to believe that a valid debt exists, then the person asserting the lien shall retain possession of the motor vehicle or the court shall obtain possession of the motor vehicle, as ordered by the court. The owner-debtor may obtain possession of the motor vehicle by giving bond and security in the amount determined to be probably due and costs of the action; (6) Within five days of the probable cause hearing, a party defendant must petition the court for a full hearing on the validity of the debt if a further determination of the validity of the debt is desired. If no such petition is filed, the lien for the amount determined reasonably due shall conclusively be deemed a valid one and foreclosure thereof allowed. If such a petition is filed, the court shall set a full hearing thereon within 15 days of the filing of the petition. Upon the filing of such petition by a party defendant an owner, neither the prosecuting lienholder lien claimant nor the court may sell the motor vehicle, although possession of the motor vehicle may be retained by the lien claimant or obtained by the court in accordance with the order of the court which sets the date for the hearing; (7) If, after a full hearing, the court finds that a valid debt exists, then the court shall authorize foreclosure upon and sale of the motor vehicle subject to the lien to satisfy the debt if such debt is not otherwise immediately paid; (8) If the court finds the actions of the person asserting the lien in retaining possession of the motor vehicle were not taken in good faith, then the court, in its discretion, may award damages to the owner, any party which has been deprived of the rightful use of the vehicle, or the lessee due to the deprivation of the use of the motor vehicle; and (9) If an affidavit meeting the requirements of paragraph (3) of this subsection is filed and no petition for a hearing is timely filed, or if, after a full hearing, the court determines that a valid debt exists, the court shall issue an order authorizing the sale of such motor vehicle. However, the holder of a security interest in or a lien on the vehicle, other than the holder of a lien created by Code Section 40-11-4, shall have the right, in the order of priority of such security interest or lien, to pay the debt and court costs. If the holder of a security interest or lien does so pay the debt and court costs, he or she shall have the right to possession of the vehicle, and his or her security interest in or lien on such vehicle shall be increased by the amount so paid. A court order shall be issued to this effect, and in this instance there shall not be a sale of the vehicle."
SECTION 4. This Act shall become effective on January 1, 2003.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
TUESDAY, APRIL 9, 2002
3431
The following amendment was read and adopted:
Representative Teper of the 61st moves to amend the Committee substitute to SB 334 by inserting after "vehicle;" on line 4 of page 1 the following:
"to provide that the owner or operator of a paid private parking lot or paid private parking 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; to provide that such person may charge a penalty; to provide a penalty; to provide a definition;".
By redesignating Sections 3 through 5 as Sections 4 through 6.
By inserting after Section 2 the following:
"SECTION 3. Said article is further amended by inserting a new Code section to read as follows:
'40-11-3.2. (a) It shall be unlawful for the owner or operator of a paid private parking lot or paid private parking facility located within 500 feet of an establishment which serves alcoholic beverages for consumption on the premises to remove, tow, or immobilize or cause to be removed, towed, or immobilized a motor vehicle left in such lot or facility between midnight and noon of the following day. Nothing in this Code section shall prohibit the owner of such a parking lot or facility from charging a penalty not to exceed $25.00 in excess of normal parking fees for vehicles which remain on the property during such period without authorization. No owner or operator of such a parking lot or facility shall be liable for any damages to any motor vehicle remaining on the property during such period without authorization. Nothing in this Code section shall prohibit a resident or a business owner from towing or removing or causing to be towed or removed a motor vehicle left on private property. For purposes of this subsection, the terms "paid private parking lot" and "paid private parking facility" mean private parking lots where the owner or operator of a motor vehicle pays a valuable consideration for the right to park in such parking lot or parking facility. (b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor.'".
The Committee substitute, as amended, was adopted.
3432
JOURNAL OF THE HOUSE
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Y Allen 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 Y Collins
Connell Y Cooper
Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner
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 E 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 E Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce E Kaye Y Keen Y Knox Y Lane Y Lanier E Lewis Y Lord Y Lucas Y Lunsford Y Maddox E 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 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 E 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
Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L
Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, 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.
TUESDAY, APRIL 9, 2002
3433
The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:
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 Senate amendment was read:
Amend HB 1210 by inserting on line 6 of page 1 after the word and symbol "matters;" the following:
"to provide for an effective date;".
By inserting between lines 18 and 19 of page 1 the following:
"This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3."
Representative Sinkfield of the 57th moved that the House agree to the Senate amendment to HB 1210.
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 Cox Y Crawford Y Cummings
Davis Y Day
Dean Y Deloach, B Y Deloach, G
Dix
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin E Jackson, B Y Jackson, L Y James Y Jamieson
Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons
Pelote Y Pinholster
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
3434
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 Y Collins Y 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 Y Golick Y Grasse 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 Jenkins Y Jennings
Johnson Y Jordan E Joyce E Kaye Y Keen Y Knox Y Lane Y Lanier E Lewis Y Lord
Lucas Y Lunsford Y Maddox E Mangham
Manning Y Massey Y McBee
McCall Y McClinton
McKinney Y Millar E 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 E Rogers Y Royal
Sailor 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 152, nays 0. The motion prevailed.
Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner
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
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 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 Senate substitute was read:
TUESDAY, APRIL 9, 2002
3435
A BILL
To amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is amended by striking subsection (i) of Section 25 and inserting in lieu thereof the following:
"(i) Use of Proceeds. The proceeds of the tax levied pursuant to this Act shall be used solely by each local government to fulfill the obligations incurred in the contracts entered into with the Metropolitan Atlanta Rapid Transit Authority as contemplated in the Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended, provided, however, that 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, until July 1, 2032, after which time January 1, 2002. For the period beginning January 1, 2002, and ending June 30, 2002; each fiscal year commencing thereafter until July 1, 2006; and the period beginning July 1, 2006, and ending December 31, 2006, no more than fiftyfive percent (55%) of the 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; and for the period beginning January 1, 2007, and ending June 30, 2007, and each fiscal year commencing thereafter until July 1, 2032, no more than fifty percent (50%) of the 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; except that if the Board of the Metropolitan Atlanta Rapid Transit Authority shall fail to 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, then for the period beginning January 1, 2003, and ending June 30, 2003, and each fiscal year commencing thereafter until July 1, 2032, no more than fifty percent (50%) of the proceeds of the tax shall be used to subsidize the
3436
JOURNAL OF THE HOUSE
operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection. For each fiscal year commencing on or after July 1, 2032, no more than sixty percent (60%) 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, and that; and commencing with July 1, 2032, and for every year thereafter, the proceeds of the tax shall not be used to subsidize operations of the transportation system to an extent greater than fifty percent (50%) of the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection. In adopting its annual budget, the Board of the Metropolitan Atlanta Rapid Transit Authority shall be authorized to rely upon estimates of all revenues, operating costs, patronage and other factors which may affect the amount of the fare required to limit the operating subsidy herein provided for. If the results of any years operations reflect that the proceeds of the tax were used to subsidize operations to an extent greater than herein provided, the Board shall adjust fares in order to make up the deficit in operations during a period of not to exceed three (3) succeeding years. If the results of operations in the Authoritys fiscal year commencing July 1, 1980 or in any subsequent fiscal year reflect that the proceeds of the tax were not used to subsidize operations to the maximum extent herein provided, the Board may, in its sole discretion, reserve any amounts that could have been used to subsidize operations in that fiscal year and later use said reserved amounts and any interest earned on said reserved amounts to provide an additional subsidy for operations in any future fiscal year or years. The words 'operating costs of the system' for purposes of this subsection 25(i) are defined to include all of the costs of that division of the Authority directly involved and that portion of the nonoperating administrative costs of those divisions of the Authority indirectly involved, through the provision of support services, in providing mass transportation services for the metropolitan area, but exclusive of the costs of the division or divisions directly involved and that portion of the nonoperating administrative costs of those divisions indirectly involved, in the planning, design, acquisition, construction, and improvement of the rapid transit system, according to accepted principles of accounting, and also exclusive of the following costs:
(1) Nonrecurring costs and charges incurred in order to comply with any statute or regulation concerning either the protection or cleaning up of the environment, or accessibility by handicapped or disabled persons, or occupational health or safety, or with any judgment, decree, or order of any court or regulatory agency in implementation of any such statute or regulation; and (2) In the case of leases of equipment or facilities that, according to generally accepted principles of accounting, would not be classified as capital leases, payments of rent and other payments for the property subject to such leases or for the use thereof; provided that any costs for regular maintenance or repair of such equipment or facilities shall not be excluded; and (3) Costs incurred before June 30, 2005, directly for the purposes of ensuring that the Authoritys computers and related technology do not malfunction because of the
TUESDAY, APRIL 9, 2002
3437
change in dates that will occur at the beginning of the year 2000, or for correcting any such malfunction. If any proceeds of the tax levied pursuant to this Act are held for the purpose of planning, designing, acquiring, or constructing additional facilities or equipment for or improvements to the rapid transit system and are invested, then all interest earned from such investments shall be used only for such purposes or for paying the principal of or interest on bonds or certificates issued for such purposes. Commencing July 1, 1988, and until June 30, 2003, and only if expressly authorized by the board, interest earned on reserve funds set aside for rebuilding, repairing, or renovating facilities of the rapid transit system; for replacing, repairing, or renovating equipment or other capital assets thereof; or from the sale or other disposition of real property, may, without regard to the original source of the funds so reserved, be used to pay the operating costs of the system as such costs are defined in 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.
Representative Ashe of the 46th moved that the House agree to the Senate substitute to HB 1245.
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 Y Broome N Brown Y Buck Y Buckner N Bulloch
N Cox Crawford
N Cummings N Davis N Day
Dean Y Deloach, B N Deloach, G N 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 Hudgens Hudson, N
Y Hudson, S Y Hugley
Irvin E Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings Y Johnson Y Jordan E Joyce E Kaye N Keen N Knox Y Lane N Lanier E Lewis Y Lord
N Mueller N Muntean N O'Neal Y Orrock Y Parham Y Parrish N Parsons
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 Smith, B Y Smith, C N Smith, C.W N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre
Snelling Y Snow
Squires Y Stallings Y Stanley Y Stanley-Turner N Stephens Y Stokes Y Taylor Y Teague Y Teper Y Tillman Y Turnquest
3438
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 N Collins
Connell N Cooper
JOURNAL OF THE HOUSE
N Graves Y Greene N Hammontree
Hanner E Harbin Y Harrell Y Heard Y Heckstall N Hembree Y Henson N Hines Y Holland Y Holmes Y Houston Y Howard
Lucas N Lunsford Y Maddox E Mangham N Manning N Massey Y McBee
McCall Y McClinton
McKinney N Millar E Mills Y Mobley Y Morris Y Mosley
N Roberts, D Roberts, L
E Rogers Y Royal
Sailor N Sanders N Scheid N Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
On the motion, the ayes were 92, nays 62. The motion prevailed.
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
Yates Murphy, Speaker
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 Senate amendment was read:
Amend HB 1174 by striking lines 1 and 2 of page 1 and inserting in lieu thereof the following:
"To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for a license to hunt in the vicinity of a certain type of feeder for grain for deer and wild hogs; to provide that it shall be lawful to entice and hunt hogs and deer by means of such a feeder in the southern zone for establishing deer season; to provide that it shall be lawful to"
By striking line 8 and 9 of page 1 and inserting in lieu thereof the following:
TUESDAY, APRIL 9, 2002
3439
"Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking in its entirety Code Section"
By inserting following line 31 of page 2 the following:
"Said title is further amended by striking subsection (a) of Code Section 27-3-9, relating to the unlawful enticement of game, and inserting in lieu there thereof the following:
'(a) It Except as otherwise provided in this subsection, it shall be unlawful for any person to place, expose, deposit, distribute, or scatter any corn, wheat, or other grains, salts, apples, or other feeds or bait so as to constitute a lure or attraction or enticement for any game bird or game animal on or over any area where hunters are or will be hunting. It shall be lawful on private lands in the southern zone for establishing deer season for a person licensed as provided in Code Section 27-2-32 to hunt deer and feral hogs within the vicinity of corn, wheat, or other feeds used as a lure or attraction or enticement for deer and hogs provided such feeds are placed in a feeder designed to protect the contents from the elements; provided, however, that the hunter must remain farther than 25 yards from such feeder. The department shall issue licenses for hunting deer and feral hogs within the vicinity of a feeder containing corn, wheat, or other feeds as provided in this subsection.' This amendment shall sunset on July 1, 2005 unless renewed by the General Assembly.
SECTION 3."
The following amendment was read:
Representative Morris of the 155th et al. move to amend the Senate amendment to HB 1174 as follows:
Pg 1 Line 23 strike
"25 and insert 100 yards provided that any hunter using primitive weapons shall remain farther than 25".
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 Cox N Crawford N Cummings N Davis
Y Hudgens Y Hudson, N N Hudson, S N Hugley
N Mueller N Muntean Y O'Neal N Orrock
N Smith, B N Smith, C N Smith, C.W N Smith, L
3440
Bannister Barnard N Barnes N Bell N Benfield N Birdsong Y Black Boggs Bordeaux Y Borders Y Bridges Y Brooks Y Broome N Brown Y Buck E Buckner Y Bulloch Y Bunn N Burkhalter N Burmeister Y Byrd N Callaway Y Campbell Y Cash N Channell N Childers N Coan E Coleman, B Y Coleman, T N Collins N Connell N Cooper
JOURNAL OF THE HOUSE
N Day Y Dean
Deloach, B N Deloach, G N Dix N Dodson
Drenner Y Dukes Y Ehrhart
Epps Y Everett Y Floyd N Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner E Harbin
Harrell Y Heard Y Heckstall Y Hembree N Henson N Hines Y Holland Y Holmes Y Houston Y Howard
N Irvin E Jackson, B Y Jackson, L Y James N Jamieson N Jenkins N Jennings Y Johnson N Jordan E Joyce E Kaye Y Keen Y Knox N Lane Y Lanier E Lewis Y Lord Y Lucas Y Lunsford N Maddox E Mangham Y Manning E Massey N McBee N McCall Y McClinton
McKinney N Millar E Mills Y Mobley Y Morris Y Mosley
Parham Y Parrish Y Parsons N Pelote Y Pinholster
Poag N Porter N Powell Y Purcell Y Ragas
Randall Ray N Reece Y Reed N Reichert N Rice Y Richardson Y Roberts, D Roberts, L E Rogers Y Royal Sailor N Sanders Scheid Y Scott Y Seay N Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
On the adoption of the amendment, the ayes were 81, nays 66. The amendment was adopted.
N Smith, P Y Smith, T Y Smith, V N Smyre N Snelling
Snow N Squires N Stallings Y Stanley Y Stanley-Turner Y Stephens
Stokes N Taylor Y Teague N Teper
Tillman N Turnquest Y Twiggs Y Unterman Y Walker, L N Walker, R.L N Watson N West Y Westmoreland Y Wiles N Wilkinson Y Willard N Williams, J N Williams, R
Wix Y Yates
Murphy, Speaker
Representative Morris of the 155th moved that the House agree to the Senate amendment, as amended by the House, to HB 1174.
On the motion, the roll call was ordered and the vote was as follows:
Y Allen N Amerson Y Anderson Y Ashe
Bannister Y Barnard N Barnes N Bell N Benfield
E Cox N Crawford N Cummings N Davis N Day Y Dean
Deloach, B N Deloach, G N Dix
N Hudgens Y Hudson, N N Hudson, S N Hugley N Irvin E Jackson, B Y Jackson, L Y James N Jamieson
N Mueller N Muntean Y O'Neal N Orrock
Parham Y Parrish
Parsons N Pelote Y Pinholster
N Smith, B N Smith, C N Smith, C.W N Smith, L N Smith, P Y Smith, T Y Smith, V N Smyre N Snelling
N Birdsong Y Black
Boggs Bordeaux Y Borders N Bridges Y Brooks Y Broome N Brown N Buck E Buckner Y Bulloch N Bunn N Burkhalter N Burmeister Y Byrd N Callaway N Campbell Y Cash N Channell N Childers N Coan E Coleman, B Coleman, T N Collins N Connell N Cooper
TUESDAY, APRIL 9, 2002
N Dodson Drenner
Y Dukes Y Ehrhart
Epps Y Everett Y Floyd N Forster Y Franklin Y Gardner N Golick Y Grasse N Graves Y Greene N Hammontree Y Hanner E Harbin
Harrell Y Heard Y Heckstall N Hembree N Henson N Hines Y Holland Y Holmes Y Houston
Howard
N Jenkins N Jennings Y Johnson N Jordan E Joyce E Kaye N Keen N Knox N Lane Y Lanier E Lewis
Lord Y Lucas Y Lunsford N Maddox E Mangham Y Manning E Massey N McBee N McCall Y McClinton
McKinney N Millar E Mills Y Mobley Y Morris Y Mosley
Poag N Porter N Powell Y Purcell Y Ragas
Randall Ray N Reece Y Reed N Reichert N Rice Y Richardson N Roberts, D Roberts, L E Rogers Y Royal Sailor N Sanders Scheid Y Scott N Seay N Shanahan Y Shaw Y Sholar Y Sims N Sinkfield Y Skipper
On the motion, the ayes were 61, nays 83. The motion was lost. The House has disagreed.
3441
Snow N Squires N Stallings Y Stanley N Stanley-Turner N Stephens
Stokes N Taylor Y Teague N Teper
Tillman N Turnquest Y Twiggs Y Unterman Y Walker, L N Walker, R.L Y Watson N West Y Westmoreland N Wiles N Wilkinson N Willard N Williams, J N Williams, R
Wix Y Yates
Murphy, Speaker
Representative Morris of the 155th moved that the House reconsider its action in failing to agree to the Senate amendment, as amended by the House, to HB 1174.
On the motion, the roll call was ordered and the vote was as follows:
Y Allen N Amerson Y Anderson Y Ashe
Bannister N Barnard N Barnes N Bell N Benfield Y Birdsong Y Black
E Cox N Crawford Y Cummings N Davis N Day Y Dean
Deloach, B N Deloach, G N Dix Y Dodson
Drenner
N Hudgens Y Hudson, N N Hudson, S N Hugley N Irvin E Jackson, B Y Jackson, L
James N Jamieson N Jenkins N Jennings
N Mueller N Muntean Y O'Neal N Orrock Y Parham Y Parrish
Parsons Y Pelote Y Pinholster
Poag N Porter
N Smith, B N Smith, C N Smith, C.W N Smith, L N Smith, P Y Smith, T Y Smith, V Y Smyre N Snelling N Snow Y Squires
3442
Boggs Bordeaux Y Borders Y Bridges Y Brooks Y Broome N Brown Y Buck E Buckner Y Bulloch N Bunn N Burkhalter N Burmeister Y Byrd N Callaway N Campbell Y Cash N Channell N Childers N Coan E Coleman, B Y Coleman, T N Collins Connell Cooper
JOURNAL OF THE HOUSE
Y Dukes Y Ehrhart
Epps Everett Y Floyd N Forster Y Franklin Y Gardner N Golick Y Grasse N Graves Y Greene N Hammontree Y Hanner E Harbin Harrell Y Heard Y Heckstall Y Hembree N Henson N Hines Y Holland Y Holmes Y Houston Y Howard
Johnson N Jordan E Joyce E Kaye N Keen N Knox N Lane Y Lanier E Lewis Y Lord Y Lucas Y Lunsford N Maddox E Mangham Y Manning E Massey Y McBee N McCall Y McClinton
McKinney N Millar E Mills Y Mobley Y Morris Y Mosley
N Powell Y Purcell Y Ragas
Randall Ray N Reece Y Reed N Reichert N Rice Y Richardson N Roberts, D Roberts, L E Rogers Y Royal Sailor N Sanders Scheid Y Scott Y Seay N Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
On the motion, the ayes were 74, nays 70. The motion prevailed.
N Stallings Y Stanley N Stanley-Turner Y Stephens
Stokes N Taylor Y Teague N Teper
Tillman N Turnquest Y Twiggs Y Unterman Y Walker, L N Walker, R.L N Watson N West Y Westmoreland Y Wiles N Wilkinson N Willard N Williams, J N Williams, R
Wix Y Yates
Murphy, Speaker
Representative Morris of the 155th moved that the House agree to the Senate amendment, as amended by the House, to HB 1174.
On the motion, the roll call was ordered and the vote was as follows:
Y Allen N Amerson Y Anderson Y Ashe
Bannister Y Barnard N Barnes N Bell N Benfield N Birdsong Y Black
Boggs Bordeaux Y Borders N Bridges Y Brooks
E Cox N Crawford N Cummings N Davis N Day Y Dean
Deloach, B N Deloach, G N Dix N Dodson
Drenner Y Dukes Y Ehrhart
Epps Y Everett Y Floyd
N Hudgens Y Hudson, N N Hudson, S N Hugley N Irvin E Jackson, B Y Jackson, L
James N Jamieson N Jenkins N Jennings
Johnson N Jordan E Joyce E Kaye N Keen
N Mueller N Muntean Y O'Neal N Orrock Y Parham Y Parrish
Parsons N Pelote Y Pinholster
Poag N Porter N Powell Y Purcell Y Ragas
Randall Ray
N Smith, B N Smith, C N Smith, C.W N Smith, L N Smith, P Y Smith, T Y Smith, V N Smyre N Snelling
Snow N Squires N Stallings Y Stanley N Stanley-Turner Y Stephens
Stokes
Y Broome N Brown N Buck E Buckner Y Bulloch N Bunn N Burkhalter N Burmeister Y Byrd N Callaway N Campbell Y Cash N Channell N Childers
Coan E Coleman, B Y Coleman, T N Collins N Connell N Cooper
TUESDAY, APRIL 9, 2002
N Forster Y Franklin Y Gardner N Golick Y Grasse N Graves Y Greene N Hammontree Y Hanner E Harbin
Harrell N Heard Y Heckstall N Hembree N Henson N Hines Y Holland Y Holmes Y Houston Y Howard
N Knox N Lane Y Lanier E Lewis N Lord Y Lucas N Lunsford N Maddox E Mangham Y Manning E Massey N McBee N McCall Y McClinton
McKinney N Millar E Mills Y Mobley Y Morris Y Mosley
N Reece Y Reed N Reichert N Rice Y Richardson Y Roberts, D
Roberts, L E Rogers Y Royal
Sailor N Sanders
Scheid Y Scott N Seay N Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
On the motion, the ayes were 63, nays 82. The motion was lost. The House has disagreed.
3443
N Taylor Y Teague N Teper
Tillman N Turnquest Y Twiggs Y Unterman Y Walker, L N Walker, R.L Y Watson N West Y Westmoreland N Wiles N Wilkinson N Willard N Williams, J N Williams, R
Wix Y Yates
Murphy, Speaker
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 following Senate substitute was read:
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
3444
JOURNAL OF THE HOUSE
residents of that county who are 65 years of age or older and whose annual household income does not exceed $39,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Fulton County, including, but not limited to, taxes to pay interest on and to retire bonded indebtedness and for general fund and special service district purposes. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence. (4) "Income" means federal adjusted gross income for federal income tax purposes. (5) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. (b) Each resident of Fulton County who is a senior citizen is granted an exemption on that persons homestead from all Fulton 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 its base year assessed value if that persons income, together with the income of the spouse of such person who resides within such homestead, does not exceed $39,000.00 for the immediately preceding taxable year. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is removed from the homestead, the base year assessed value shall be calculated reflecting such removal. The value of that property in excess of such exempted amount shall remain subject to taxation. (c)(1) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persons agent files an affidavit and application with the tax commissioner of Fulton County giving:
(A) The persons age and the amount of income which the person and the persons spouse residing within such homestead received during the last taxable year; and (B) Such information relative to receiving such exemption as will enable the tax commissioner of Fulton County to make a determination as to whether such owner is entitled to such exemption.
TUESDAY, APRIL 9, 2002
3445
(d) The tax commissioner of Fulton County shall provide affidavit and application forms for the exemption granted by subsection (b) of this section which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption. (e) The exemption shall be claimed and returned as provided in Code Section 48-550.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application, affidavit, and certificate, if required, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of Fulton County in the event that person for any reason becomes ineligible for that exemption. (f) The exemption granted by this Act shall not apply to or affect state ad valorem taxes, county or independent school district ad valorem taxes for educational purposes, or municipal taxes for municipal purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to county ad valorem taxes for county purposes. (g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2003.
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Fulton County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Fulton County for approval or rejection. The election superintendent shall conduct that election on the date of the August, 2002, state-wide general primary, and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act be approved which provides 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 county who are 65 years of age or older and whose annual household income does not exceed $39,000.00?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2003. If the Act is not so approved or if the election
3446
JOURNAL OF THE HOUSE
is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Fulton County. It shall be the election superintendents duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Stanley of the 50th moved that the House agree to the Senate substitute to HB 1267.
On the motion the ayes were 110, nays 0.
The motion prevailed.
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 454. By Senator Lee of the 29th:
A BILL to be entitled an Act to provide for the nonpartisan nomination and election of the chief magistrate of Meriwether 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 conflicting laws; and for other purposes.
SB 456. By Senator Lee of the 29th:
A BILL to be entitled an Act to provide for the nonpartisan nomination and election of the chief magistrate of Troup County; to provide for the
TUESDAY, APRIL 9, 2002
3447
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 conflicting laws; and for other purposes.
SB 571. By Senators Hecht of the 34th and Hamrick of the 30th:
A BILL to be entitled an Act to repeal an Act providing a new charter for the City of Lithia Springs, approved April 23, 1999 (Ga. L. 1999, p. 4842), as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 572. By Senator Cheeks of the 23rd:
A BILL to be entitled an Act to amend an Act providing for the consolidation of Richmond County and the City of Augusta, approved March 27, 1995 (Ga. L. 1995, p. 3648), as amended, so as to change the provisions relating to voting members of the commission; to change the provisions relating to the powers and duties of the mayor; to provide for the veto of ordinances, resolutions, and other actions of the commission; to provide for the overriding of vetoes; to provide for practices and procedures; to change the provisions relating to the mayor pro tempore and the selection, powers, and duties thereof; to change the provisions relating to committees and the appointment and service of members thereof; to provide for effective dates; to repeal conflicting laws; and for other purposes.
SB 573. By Senator Shafer of the 48th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Forsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4551), so as to change the compensation and per diem expense allowance of the chairperson and members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 574. By Senator Butler of the 55th:
A BILL to be entitled an Act to provide a new charter for the City of Pine Lake; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for oaths,
3448
JOURNAL OF THE HOUSE
organization, meetings, quorum, voting, rules, and procedures; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to repeal conflicting laws; and for other purposes.
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.
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.
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.
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.
HB 1783. By Representative Rogers of the 20th:
A BILL to amend an Act entitled "An Act to create the Lake Sidney Lanier
TUESDAY, APRIL 9, 2002
3449
Watershed Governance Council," so as to change certain provisions relating to membership; and for other purposes.
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.
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.
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.
HB 1804. By Representatives Wix of the 33rd, Johnson of the 35th, Golick of the 30th, Parsons of the 40th, Wiles of the 34th and others:
A BILL to amend an Act known as the "South Cobb Development Authority Act," so as to change the provisions relating to the membership of the authority; and for other purposes.
HB 1805. By Representatives Wix of the 33rd, Johnson of the 35th, Golick of the 30th, Parsons of the 40th, Wiles of the 34th and others:
A BILL to authorize Cobb 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; to provide for a referendum; and for other purposes.
HB 1807. By Representatives Cash of the 108th, Lunsford of the 109th and Sanders of the 107th:
3450
JOURNAL OF THE HOUSE
A BILL to amend and restate an Act known as the "Henry County Development Authority Act," so as to substantially revise the laws relating to the Henry County Development Authority; and for other purposes.
HB 1812. By Representative McCall of the 90th:
A BILL to provide for an advisory referendum election to be held in Elbert County for the purpose of determining if a change in the form of government is desired by the people of said county; to provide for the creation of a study committee to determine what changes in the form of government of said county may be appropriate; to provide that the creation of said study committee shall be contingent on the results of the referendum election; and for other purposes.
HB 1813. By Representative Smith of the 169th:
A BILL to amend an act creating the board of commissioners of Brantley County, so as to provide for an advisory referendum election to be held in Brantley County for the purpose of ascertaining if a change in the form of government of Brantley County is desired by the people of said county; and for other purposes.
HB 1814. By Representative Smith of the 169th:
A BILL to amend an Act providing for election of the members of the Board of Education of Brantley County, so as to provide for an advisory referendum election to be held in the Brantley County school district for the purpose of ascertaining if a change in the manner of electing the Board of Education of Brantley County is desired by the people of said school district; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
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.
TUESDAY, APRIL 9, 2002
3451
The Senate has passed by the requisite constitutional majority the following bills 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.
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.
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.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 454. By Senator Lee of the 29th:
A BILL to be entitled an Act to provide for the nonpartisan nomination and election of the chief magistrate of Meriwether 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 conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 456. By Senator Lee of the 29th: A BILL to be entitled an Act to provide for the nonpartisan nomination and
3452
JOURNAL OF THE HOUSE
election of the chief magistrate of Troup 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 conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 571. By Senators Hecht of the 34th and Hamrick of the 30th:
A BILL to be entitled an Act to repeal an Act providing a new charter for the City of Lithia Springs, approved April 23, 1999 (Ga. L. 1999, p. 4842), as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 572. By Senator Cheeks of the 23rd:
A BILL to be entitled an Act to amend an Act providing for the consolidation of Richmond County and the City of Augusta, approved March 27, 1995 (Ga. L. 1995, p. 3648), as amended, so as to change the provisions relating to voting members of the commission; to change the provisions relating to the powers and duties of the mayor; to provide for the veto of ordinances, resolutions, and other actions of the commission; to provide for the overriding of vetoes; to provide for practices and procedures; to change the provisions relating to the mayor pro tempore and the selection, powers, and duties thereof; to change the provisions relating to committees and the appointment and service of members thereof; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 573. By Senator Shafer of the 48th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Forsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, particularly by an Act approved April 16, 1999
TUESDAY, APRIL 9, 2002
3453
(Ga. L. 1999, p. 4551), so as to change the compensation and per diem expense allowance of the chairperson and members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 574. By Senator Butler of the 55th:
A BILL to be entitled an Act to provide a new charter for the City of Pine Lake; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
The following Bills of the House were taken up for the purpose of considering the Senate substitute or amendment thereto:
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 following Senate substitute was read:
A BILL
3454
JOURNAL OF THE HOUSE
To amend an Act creating and establishing a new charter for the City of Moultrie, approved March 3, 1943 (Ga. L. 1943, p. 1458), as amended, so as to change the corporate limits of such city by annexing certain territory in Colquitt County into such city; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing a new charter for the City of Moultrie, approved March 3, 1943 (Ga. L. 1943, p. 1458), as amended, is amended by adding at the end of Section 2 a new undesignated paragraph to read as follows:
"The corporate limits of the City of Moultrie shall also include the following: (1) That portion of Lower Meigs Road beginning at the western edge of the current Moultrie City Limits traveling in a west/southwesterly direction a distance of 1.0 miles to the intersection of Lower Meigs Road with a tributary, (said tributary being 2030 feet southwest of the centerline intersection of Lower Meigs Road and Paul Murphy Road). Lying and situate in LL 336, 355, 356 and 357 of the 8th Land District. (2) That portion of Clubview Drive beginning at the western edge of the current Moultrie City Limits, which originates at the intersection of the western right-of-way of Rails to Trails, traveling in a northwesterly and then a southwesterly direction a distance of 0.65 miles to its intersection with the boundary line between Clubview Subdivision and Wiregrass Subdivision. Lying and situate in LL 354 and 355 of the 8th Land District. (3) That portion of U.S. 319 Bus. (South Main Street) and Georgia Hwy. 33 beginning at the southern edge of the current Moultrie City Limits traveling in a south/southwesterly and then a southeasterly direction a distance of 0.95 miles to a point, (said point being 2628 feet north of the centerline intersection of Georgia Hwy. 33 and Gene McQueen Road). Lying and situate in LL 383 and 400 of the 8th Land District. (4) That portion of U.S. 319 (Georgia Hwy. 35) beginning at the southern edge of the current Moultrie City Limits, which originates 944 feet south of the intersection of (now or formerly) CSX Railroad, traveling in a southwesterly direction a distance of 1.72 miles to its intersection with the south right-of-way of Shade Murphy Road. Lying and situate in LL 383, 384, 400 and 401 of the 8th Land District. (5) That portion of U.S. 319 (Georgia Hwy. 35) beginning at the north edge of the current Moultrie City Limits (524 feet south of 26th Avenue S.E.) traveling in a northeasterly and then a northerly direction a distance of 2.17 miles to the south edge of the current Moultrie City Limits (1074 feet south of Magnolia Drive S.E.). Lying and situate in LL 306, 338 and 353 of the 8th Land District. (6) That portion of Industrial Drive beginning at the north edge of the current Moultrie City Limits, which originates at the intersection of (now or formerly)
TUESDAY, APRIL 9, 2002
3455
Georgia Northern Railroad, traveling in a northerly direction a distance of 0.95 miles to its intersection with the north right-of-way of Georgia Hwy. 37. Lying and situate in LL 247, 248, 259 and 260 of the 8th Land District. (7) That portion of U.S. 319 Bus.(Georgia Hwy. 33) beginning at the north edge of the current Moultrie City Limits, traveling in a northeasterly direction a distance of 0.79 miles to a point on the existing Moultrie City Limits, said point being 610 feet southwest of the centerline intersection of U.S. 319 Bus.(Georgia Hwy. 33) and U.S. 319 (Georgia Hwy. 35\Georgia Hwy. 133). Lying and situate in LL 216 and 245 of the 8th Land District. (8) That portion of U.S. 319 Bus.(Georgia Hwy. 33) and U.S. Hwy. 319(Georgia Hwy. 35) beginning at the southwesterly right-of-way of U.S. Hwy. 319 (Georgia Hwy. 35 and 133) traveling in a northeasterly direction a distance of 0.10 miles to its intersection with the north right-of-way of Darbyshire Road. Lying and situate in LL 245 of the 8th Land District. (9) That portion of the West By-pass (Georgia Hwy. 111) beginning at the west rightof-way of U.S. 319 Bus.(Georgia Hwy. 33), traveling in a westerly direction a distance of 0.40 miles to the west right-of-way of the Old Doerun Hwy., thence continuing south along the Old Doerun Hwy. a distance of 69 feet to the north edge of the current Moultrie City Limits. Lying and situate in LL 244 and 245 of the 8th Land District."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Royal of the 164th moved that the House agree to the Senate substitute to HB 1690.
On the motion the ayes were 110, nays 0.
The motion prevailed.
Representative Walker of the 141st assumed the chair.
Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 534. By Senator Kemp of the 3rd: A BILL to be entitled an Act to amend Code Section 15-6-3 of the Official
3456
JOURNAL OF THE HOUSE
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.
The following amendment was read:
Representative Stokes of the 92nd moves to amend SB 534 by inserting between the words "amend" and "Code" on line 1 of page 1, the following:
"Title 15 of the Official Code of Georgia Annotated, relating to courts, so as change certain provisions relating to courts; 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; to provide for the initial appointment and term of office of such judge; to provide for the qualifications and for the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising the judicial circuit; to provide for jurors; to provide for powers, duties, and responsibilities of judges of said circuit; to provide for an additional court reporter and personnel and the compensation of such reporter and personnel; to declare inherent authority; to amend".
By striking the word "date" on line 3 of page 1 and inserting "dates" in lieu thereof.
By inserting between lines 5 and 6 of page 1 the following:
"SECTION 1. Title 15 of the Official Code Of Georgia Annotated, relating to courts, is amended in Code Section 15-6-2, relating to the number of superior court judges for each judicial circuit, is amended by striking paragraph (2) in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows:
'(2) Alcovy Circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4'
SECTION 2. The additional judge of the superior courts of the Alcovy Judicial Circuit shall be appointed by the Governor for a term beginning July 1, 2002, and expiring December 31, 2004, and until his or her successor is elected and qualified. At the general election to be held in 2004, there shall be elected a successor to the first additional judge appointed as provided for in this Act, and he or she shall take office on the first day of January, 2005, and serve for a term of office of four years and until his or her successor is duly elected and qualified. All subsequent successors to such judge shall be elected at the general election conducted in the year in which the term of office shall expire for a term of four
TUESDAY, APRIL 9, 2002
3457
years and until his or her successor is duly elected and qualified. Said elections shall be held and conducted as is now or may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia.
SECTION 3. The additional judge of the superior courts of the Alcovy Judicial Circuit shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of said court may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.
SECTION 4. The compensation, salary, and contingent expense allowance of said additional judge of the superior courts of the Alcovy Judicial Circuit shall be the same as that of other judges of the superior courts of Georgia. The additional judge shall also be paid a county supplement by the counties comprising said circuit in the same manner and to the same extent as the present superior court judges of said circuit are paid.
SECTION 5. All writs, processes, orders, subpoenas, and any other official papers issuing out of the superior courts of the Alcovy Judicial Circuit may bear teste in the name of any judge of said circuit and, when issued by and in the name of any of said judges of said circuit, shall be fully valid and may be held and determined before any judge of said circuit.
SECTION 6. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior courts of said circuit; and any such judge of the superior courts of said circuit shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before each of said judges separately or before each of them at the same time.
SECTION 7. The four judges of the superior courts of the Alcovy Judicial Circuit shall be authorized to employ an additional court reporter for such duties and for such compensation as such judges see fit, up to and including, but not exceeding, the remuneration of the present court reporters of the Alcovy Judicial Circuit as the same is now fixed or may hereafter be fixed.
SECTION 8. The governing authorities of the counties comprising the Alcovy Judicial Circuit are authorized to provide suitable courtrooms, jury rooms, and chambers for the judges of the superior courts of the Alcovy Judicial Circuit upon the recommendation of said judges.".
3458
JOURNAL OF THE HOUSE
By striking lines 6 through 8 of page 1 and inserting in lieu thereof the following:
"SECTION 9. Said title is further amended in Code Section 15-6-3, relating to terms of court, by striking paragraph (4) and inserting in lieu thereof a new paragraph (4) to read".
By striking lines 17 through 19 and inserting in lieu thereof the following:
"SECTION 10. (a) For purposes of making the initial appointment of the judge to fill the superior court judgeship created by this Act, this Act shall become effective upon its approval by the Governor or its becoming law without such approval. (b) Section 9 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (c) For all other purposes, this Act shall become effective July 1, 2002.".
By renumbering Section 3 on line 20 of page 1 as Section 11.
The following amendment was read and adopted:
Representative Holland of the 157th moves to amend the Stokes amendment to SB 534 as follows:
On line 13 page 1 following the words and punctuation "authority;" the words:
"To change the terms of court of the Tifton Judicial Circuit:"
By deleting on page 3, line 17 and inserting in lieu thereof the following:
By renumbering Section 1 on Line 7 on Page 1 as Section 11 and inserting following said newly number Section 11 a new Section 12 as follows:
SECTION 12 "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.
TUESDAY, APRIL 9, 2002
3459
(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."
By inserting thereafter a new Section 13 as follows:
SECTION 13 "As this act provides for the Tifton Judicial Circuit, the November, 2002, term of court in Irvin 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."
And by renumbering the existing Section 2 as Section 14, and the existing Section 3 as Section 15.
The Stokes amendment, as amended, was adopted.
The following amendment was read and adopted:
Representative Squires of the 78th moves to amend SB 534 by inserting after "Circuit;" on line 2 on page 1 "to amend Code Section 15-6-89 of the Official Code of Georgia Annotated, relating to additional remuneration for clerks of the superior court for certain services, so as to provide for additional compensation for clerks of superior court for certain duties;" and by redesignating Sections 2 and 3 as Sections 3 and 4, respectively, and inserting after line 16 on page 1 the following:
"SECTION 2. Code Section 15-6-89 of the Official Code of Georgia Annotated, relating to additional remuneration for clerks of the superior court for certain services, is amended by striking the Code section in its entirety and inserting in lieu thereof a new Code Section 15-6-89 to read as follows:
'15-6-89. In addition to the minimum salary provided in Code Section 15-6-88 or any other salary
3460
JOURNAL OF THE HOUSE
provided by any applicable general or local law, each clerk of the superior court of any county who also serves as clerk of a state court, city court, juvenile court, or civil court under any applicable general or local law of this state or who performs duties pursuant to paragraph (1) of subsection (a) of Code Section 15-12-1 shall receive for his or her services in such other court a salary of not less than $286.73 per month, to be paid from the funds of the county. In the event any such court for which a clerk of the superior court is serving as clerk is abolished, the clerk of the superior court shall not be entitled to any salary heretofore received for service in such court.'"
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
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 E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
E 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
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 E Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Johnson Y Jordan E Joyce E Kaye Y Keen Y Knox Y Lane Y Lanier E Lewis Y Lord Y Lucas Y Lunsford Y Maddox E 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 Y Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D Roberts, L E Rogers Y Royal Sailor Y Sanders Scheid Y Scott Y Seay Y Shanahan Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
Y Smith, B Y Smith, C Y Smith, C.W 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
West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
TUESDAY, APRIL 9, 2002
3461
On the passage of the Bill, as amended, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
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 476 Do Pass, by Substitute
Respectfully submitted, /s/ Lord of the 121st
Chairman
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 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.
3462
JOURNAL OF THE HOUSE
The Senate has passed by the requisite constitutional majority the following bills of the House:
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.
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 Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
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.
Representative Walker of the 141st 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, APRIL 10, 2002
3463
Representative Hall, Atlanta, Georgia Wednesday, April 10, 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 Representative Curtis S. Jenkins, District 110, Forsyth, 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.
3464
JOURNAL OF THE HOUSE
By unanimous consent, the following Bill and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 1843. By Representatives Day of the 153rd, Stephens of the 150th and Mueller of the 152nd: A BILL to create and establish the Savannah-Chatham County Charter and Unification Commission; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 1613. By Representatives Orrock of the 56th, Watson of the 70th, Mobley of the 69th, Sinkfield of the 57th, Drenner of the 66th and others: A RESOLUTION urging the Governor and the General Assembly to order the closing of the Live Oak Landfill; and for other purposes.
Referred to the Committee on Rules.
HR 1650. By Representatives Stanley of the 50th and Stanley of the 49th: A RESOLUTION creating the House Commission on Psychiatric Mediciation of School-Age Children; and for other purposes.
Referred to the Committee on Rules.
HR 1651. By Representatives Orrock of the 56th, Benfield of the 67th, Teper of the 61st, Henson of the 65th, Stanley of the 50th and others: A RESOLUTION urging Congress to oppose implementation of a national missile defense system and to redirect funds towards real security needs; and for other purposes.
WEDNESDAY, APRIL 10, 2002 Referred to the Committee on Rules.
3465
By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:
HR 1612 SB 454 SB 456 SB 571
SB 572 SB 573 SB 574
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 1668 Do Pass HB 1842 Do Pass SB 395 Do Pass
SB 448 Do Pass SB 566 Do Pass SB 568 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, APRIL 10, 2002
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 39th Legislative Day as enumerated below:
3466
JOURNAL OF THE HOUSE
UNCONTESTED HOUSE/SENATE RESOLUTIONS
HR 1413 SR 497
SR 604
House Paraprofessionals Study Committee; create Designate; Herman Jones Memorial GBI Forensic Science Complex; state crime laboratory annex Joint Study Committee on Alternative and Environmentally Sensitive Truck Fuels
DEBATE CALENDAR
SB 110 SB 336 SB 386 SB 407 SB 408 SB 433 SB 449 SB 459 SB 488 SB 505 SR 852 SR 854
Death Investigation; inquests; subpoenas by medical examiners for certain medical records; confidentiality and costs Schools; disruptions; possession of electronic communication devices by students; exception to prohibition (HB 1044 similar) Highways; vehicle weight exemption; trucks hauling ready-mixed concrete for customer delivery Crime of Endangerment of Child Under Age 16; penalties; punishment State Employee Benefit Plan; inclusion of Federal-State Shipping Point Inspection Service and Firefighters' Pension Fund employees Sexual Offenders; registration of school enrollment, employment or vocation status; GBI to notify appropriate college law enforcement State Agencies; meetings by telecommunications conference; participation by employees ordered military duty War on Terrorism Act of 2002; investigative warrants; interception of electronic communications and records Commercial Motor Vehicles and Motor Common Carriers and Contract Carriers; regulate Insurers; unfair trade practices; nonrenewal of entire line or class of business Property Conveyance; remove reverter condition; Morningstar Treatment Services, Inc.; Glynn County Property Conveyance; grant nonexclusive easement to Henry Nanniga and Joan Nanniga Nichols; Chatham County
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Smyre of the 136th
Chairman
WEDNESDAY, APRIL 10, 2002
3467
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1842. By Representatives Ehrhart of the 36th, Hines of the 38th, Franklin of the 39th, Parsons of the 40th, Wiles of the 34th 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 compensation of the tax commissioner, chief clerk to the tax commissioner, executive secretary to the tax commissioner, and administrative specialist in the office of the tax commissioner; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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.
3468
JOURNAL OF THE HOUSE
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 566. By Senator Lee of the 29th:
A BILL to be entitled an Act to amend an Act creating the Downtown LaGrange Development Authority, approved March 5, 1975 (Ga. L. 1975, p. 2623), as amended, so as to change the limits of the Downtown LaGrange District; 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 568. By Senator Kemp of the 3rd:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of McIntosh County, approved February 26, 1876 (Ga. L. 1876, p. 283), 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 the specific repeal of a local Act; 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.
WEDNESDAY, APRIL 10, 2002
3469
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 Y Ashe Y Bannister
Barnard Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Buck E Buckner Y Bulloch Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Coan E Coleman, B Coleman, T Collins Y Connell Cooper
E Cox Y Crawford Y Cummings
Davis Y Day
Dean 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 Grasse Y Graves Y Greene Y Hammontree Y Hanner E Harbin Y Harrell Heard Heckstall Y Hembree Y Henson Y Hines Holland Holmes Y Houston Y Howard
Y Hudgens Hudson, N
E Hudson, S Y Hugley
Irvin E Jackson, B Y Jackson, L Y James
Jamieson Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen Knox Y Lane Y Lanier Y Lewis Lord Lucas Lunsford Maddox E Mangham Y Manning 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
Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Porter Y Powell
Purcell 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 Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Sinkfield Y Skipper
Smith, B Y Smith, C
Smith, C.W Y Smith, L Y Smith, P Y Smith, T
Smith, V Smyre Y Snelling Y Snow Squires Y Stallings Stanley Stanley-Turner Y Stephens Y Stokes Y Taylor Teague Y Teper Y Tillman Y Turnquest Y Twiggs E 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 120, nays 0. The Bills, having received the requisite constitutional majority, were passed.
3470
JOURNAL OF THE HOUSE
Representatives Davis of the 60th and Scott of the 165th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
The following 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 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.
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.
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 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
WEDNESDAY, APRIL 10, 2002
3471
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.
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.
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.
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.
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.
3472
JOURNAL OF THE HOUSE
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 Senate has passed by substitute by the requisite constitutional majority the following bills of the House:
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.
HB 337. By Representative Richardson of the 26th:
A BILL to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to provide that a rebuttable presumption arises that the defendant in fi.fa. is the person authorized to receive any excess funds from a tax sale; to provide for exceptions; to provide a time period by which such excess must be paid; and for other purposes.
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.
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:
WEDNESDAY, APRIL 10, 2002
3473
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.
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 Senate has passed as amended by the requisite constitutional majority the following bills of the House:
HB 97. By Representatives Buckner of the 95th, Taylor of the 134th, Hugley of the 133rd, Cash of the 108th and Graves of the 125th:
A BILL to amend Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to the Office of School Readiness, so as to provide that the pre-kindergarten program administered by the Office of School Readiness shall be known as "Georgia's Pre-K Program"; and for other purposes.
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 Senate has adopted as amended, by the requisite constitutional majority, the following resolutions of the House:
3474
JOURNAL OF THE HOUSE
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.
HR 1215. By Representative Shanahan of the 10th:
A RESOLUTION designating the Veterans Parkway; and for other purposes.
The Senate insists on its substitute to the following bill of the House:
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.
The Senate has adopted by the requisite constitutional majority 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.
Representative Pelote of the 149th 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 Bill of the Senate was taken up for consideration and read the third time:
WEDNESDAY, APRIL 10, 2002
3475
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.
The following Committee substitute was read and adopted:
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 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended by striking subsection (b) and inserting in its place the following:
"(b) Every public officer or employee shall be entitled to absent himself or herself and shall be deemed to have a leave of absence from duties or service as a public officer or employee while engaged in the performance of ordered military duty and while going to and returning from such duty. Notwithstanding Code Section 45-5-1 or any other provision of law, a public office shall not be considered vacated or abandoned by a public officer while on ordered military duty."
3476
JOURNAL OF THE HOUSE
SECTION 2. Said Code section is further amended by designating subsection (g) as subsection (h) and inserting a new subsection (g) to read as follows:
"(g) Notwithstanding the provisions of Chapter 14 of Title 50, an agency, as defined by subsection (a) of Code Section 50-14-1, shall be authorized to conduct meetings by telecommunications conference in the event that one or more of the agencys members is on ordered military duty at the time of such meeting, provided that any such meeting is conducted in compliance with such chapter. The members of the agency, including those on ordered military duty, shall be authorized to participate and make decisions during such a telecommunications conference."
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
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
Bunn Y Burkhalter
E 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 Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene
Y Hudgens Y Hudson, N E Hudson, S Y Hugley
Irvin E Jackson, B
Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen
Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford
Y 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
Randall Ray Y Reece Reed Y Reichert Y Rice Richardson Y Roberts, D Roberts, L
Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V
Smyre Y Snelling Y Snow
Squires Y Stallings
Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper
Tillman Y Turnquest Y Twiggs E Unterman
Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers
Coan E Coleman, B
Coleman, T Collins Y Connell Cooper
WEDNESDAY, APRIL 10, 2002
Y Hammontree Y Hanner E Harbin Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston
Howard
Y Maddox E Mangham Y Manning
Massey Y McBee
McCall Y McClinton
McKinney Millar Y Mills Y Mobley Y Morris Y Mosley
Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper
3477
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 135, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Collins of the 29th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
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 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.
Representative Parrish of the 144th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1361 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.
3478
JOURNAL OF THE HOUSE
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Smith of the 175th, Parrish of the 144th and Stallings of the 100th.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
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 following Senate substitute was read:
A BILL
To amend an Act providing for election districts for the board of education of Douglas County, approved April 13, 1982 (Ga. L. 1982, p. 4786), 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 compensation of the chairperson and board 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 election districts for the board of education of Douglas County, approved April 13, 1982 (Ga. L. 1982, p. 4786), as amended, is amended by striking Section 1 and inserting in its place a new Section 1 to read as follows:
"SECTION 1. (a) Those members of the board of education of Douglas 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
WEDNESDAY, APRIL 10, 2002
3479
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 Douglas County shall consist of five 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 Douglas County School District is divided into five education districts. One member of the board shall be elected from each such district. The five education 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: douglassb2r Plan Type: Local User: Gina Administrator: Douglas. (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 Douglas 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 Douglas 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. (d) 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. (e) 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. (f) The members of the board of education of Douglas County shall be elected as provided in this subsection. The first members from Education Districts 2, 3, and 4 shall be elected at the general election on the Tuesday next following the first Monday
3480
JOURNAL OF THE HOUSE
in November 2002. Those members of the board elected thereto from Education Districts 2, 3, and 4 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 1 and 5 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 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 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.
(g)(1) Education 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 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 Act. (2) 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'. (h) The chairperson of the board of education shall be compensated in equal monthly installments from the general funds of the board of education the sum of 20 percent of the base salary for a superior court judge as set forth in O.C.G.A. Section 45-7-4. The vice chairperson of the board of education shall be compensated in equal monthly installments from the general funds of the board of education the sum of 18 percent of the base salary for a superior court judge as set forth in O.C.G.A. Section 45-7-4. The remaining board members shall be compensated in equal monthly installments from the general funds of the board of education the sum of 16 percent of the base salary for a superior court judge as set forth in O.C.G.A. Section 45-7-4. The members of the board of education shall be reimbursed for actual expenses incurred in carrying out approved board of education business while outside the county. All expenses so incurred shall be paid from the general funds of the board of education on a monthly basis."
SECTION 2. It shall be the duty of the attorney of the Board of Education of Douglas County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.
WEDNESDAY, APRIL 10, 2002
3481
SECTION 3. (a) Section 2, this section, and the provisions of this Act relating to and necessary for the regular election in 2002 of members of the board of education of Douglas County shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. (b) The provisions of this Act relating to compensation of the chairperson and board members shall become effective on the first day of the month following the month in which this Act is approved by the Governor or in which it becomes law without such approval. (c) 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 001 Douglas County
Tract: 802.02 BG: 5 5002 5003 5004 5005 5006 5007 5008 5009 5010 BG: 6 6013 6014 6015 6016 6017 6018 6019 6020 6021 Tract: 803.01 BG: 1 1023 1024 1025 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 Tract: 803.02 Tract: 805.03 BG: 6 6000 6001 6002 6003 6026 6027 Tract: 806.01 BG: 1 BG: 2 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2024 BG: 3 Tract: 806.02 BG: 2 2012 2013 2014 2015 2016
District 002 Douglas County
Tract: 801.01
3482
JOURNAL OF THE HOUSE
BG: 1 BG: 2 BG: 3 Tract: 802.01 Tract: 802.02 BG: 3 Tract: 803.01 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 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1999
District 003 Douglas County
Tract: 801.01 BG: 4 Tract: 802.02 BG: 5 5000 5001 5011 5012 BG: 6 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6022 6023 6024 6025 Tract: 805.03 BG: 1 Tract: 805.04 BG: 3 3000 3001 3002 3003 3004 3005 3006 BG: 4 4000 4001 4002 4003 4004 4005 4006 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4999 Tract: 806.01 BG: 2 2000 2001 2002 2003 2004 2005 2006 2023 2999 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4999 BG: 6 Tract: 806.02 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2999
WEDNESDAY, APRIL 10, 2002
District 004 Douglas County
Tract: 803.01 BG: 2 Tract: 804.01 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 1046 1047 1999 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 3030 3031 3032 3033 3034 3035 3036 3037 3040 3041 3042 3043 3044 3045 3074 3075 Tract: 805.03 BG: 2 BG: 4 BG: 5 BG: 6 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6028 Tract: 805.04 BG: 3 3007 3008 3009 3010 3011 3012 Tract: 805.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1026 1027 BG: 2
District 005 Douglas County
Tract: 804.01 BG: 1 1044 1045 BG: 3 3025 3026 3027 3028 3029 3038 3039 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062
3483
3484
JOURNAL OF THE HOUSE
3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3999 Tract: 804.02 Tract: 805.04 BG: 3 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 3999 BG: 4 4007 Tract: 805.05 BG: 1 1020 1021 1022 1023 1024 1025 Tract: 805.06 Tract: 805.07 Tract: 806.01 BG: 4 4008 4998
Representative Hembree of the 98th moved that the House agree to the Senate substitute to HB 1480.
On the motion the ayes were 110, nays 0.
The motion prevailed.
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 110. By Senators Thompson of the 33rd and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Code Section 45-16-27 of the Official Code of Georgia Annotated, relating to coroner inquests, so as to provide for subpoenas by medical examiners from the office of chief medical examiner and for confidentiality and costs; to include certain medical records; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
WEDNESDAY, APRIL 10, 2002
3485
A BILL
To amend Code Section 45-16-27 of the Official Code of Georgia Annotated, relating to coroner inquests, so as to provide for subpoenas by medical examiners from the office of chief medical examiner and for confidentiality and costs; to include certain medical records; to exempt autopsy photographs from public disclosure required under Article 4 of Chapter 18 of Title 50; to provide for exceptions; to define a term; to authorize a superior court to order the disclosure of such photographs; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 45-16-27 of the Official Code of Georgia Annotated, relating to coroner inquests, is amended by striking subsection (c) and inserting in its place new subsections (c) and (d) to read as follows:
"(c) When a coroner or a medical examiner or a medical examiner from the office of chief medical examiner, as established in Code Section 35-3-153, conducts an investigation into the death of an individual, the coroner, or medical examiner, or medical examiner from the office of chief medical examiner shall be authorized to issue subpoenas to compel the production of any books, records, including but not limited to medical records from hospitals, medical clinics, psychiatric hospitals, physicians offices, chiropractors offices, and any other health care delivery facility, or papers relevant to the cause of death including without limitation AIDS confidential information as defined by Code Section 31-22-9.1. Any books, records, or papers received by the coroner, or medical examiner, or medical examiner from the office of chief medical examiner pursuant to the subpoena must be regarded as confidential information and privileged and not subject to disclosure under Article 4 of Chapter 18 of Title 50. The actual costs of copying any books, records, or papers for the purposes of responding to a subpoena under this subsection shall be paid out of county funds to the person or entity required to respond to that subpoena, and the governing authority of the county of which that coroner or county medical examiner is a public officer shall pay those costs within 30 days after a bill therefor is submitted to the county. A medical examiner from the office of chief medical examiner shall pay the costs of copying from state funds within 30 days after a bill therefor is submitted to the state. (d) Autopsy photographs shall not be subject to disclosure pursuant to Article 4 of Chapter 18 of Title 50; provided, however, that this subsection shall have no application to the disclosure of such photographs to law enforcement agencies and prosecutors for law enforcement purposes or, in closed criminal investigations, to medical schools, medical facilities, and physicians for medical purposes; to individuals who have secured a written release from the deceaseds next of kin; or to the next of kin. It shall be the responsibility of the next of kin to show proof of the familial
3486
JOURNAL OF THE HOUSE
relationship. For purposes of securing a written release or when access to the photographs is requested by the next of kin, the deceaseds next of kin shall be:
(1) The spouse of the deceased if living; (2) If there is no living spouse of the deceased, an adult child of the deceased; (3) If there is no living spouse or adult child, a parent of the deceased; (4) If there is no living spouse, adult child, or parent, a sibling of the deceased; (5) If there is no living spouse, adult child, parent, or sibling of the deceased, a grandparent of the deceased; (6) If none of the above are living, an uncle of the deceased; (7) If none of the above are living, an aunt of the deceased; or (8) If none of the above are living, a first cousin of the deceased. A superior court may, in closed criminal investigations, order the disclosure of such photographs upon findings in writing that disclosure is in the public interest and that it outweighs any privacy interest that may be asserted by the deceaseds next of kin. In any such action, the court shall review the photographs in question in camera, and may condition any disclosure on such measurers as the court may deem necessary to accommodate the interests of the parties before it."
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
Benfield Y Birdsong
Black Y Boggs
Bordeaux Y Borders
E 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 E Ehrhart Y Epps
Y Hudgens Y Hudson, N E Hudson, S Y Hugley
Irvin E Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce
Y Mueller Y Muntean Y O'Neal Y Orrock
Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Porter Y Powell Y Purcell Y Ragas
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 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
Collins Y Connell Y Cooper
WEDNESDAY, APRIL 10, 2002
Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner E Harbin Y Harrell Y Heard
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
Lucas Lunsford Y Maddox E Mangham Manning Y Massey Y McBee McCall McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
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
Sholar Y Sims
Sinkfield Y Skipper
3487
Y Stephens Y Stokes Y Taylor
Teague Y Teper
Tillman Y Turnquest Y Twiggs E 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 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Collins of the 29th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
SB 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.
The following substitute, offered by Representative Twiggs of the 8th, was read and adopted:
A BILL To amend Code Section 32-6-26 of the Official Code of Georgia Annotated, relating to
3488
JOURNAL OF THE HOUSE
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 32-6-26 of the Official Code of Georgia Annotated, relating to weights of vehicles and loads, is amended by striking paragraph (1) of subsection (g) and inserting in lieu thereof the following:
"(g)(1) The weight limitations provided for in this Code section, except the limitation in subsections (f) and (h) of this Code section, may be exceeded on any public road within this state which is not a national highway, or when making a pickup or delivery on any public road of a county road system, without a permit only when the load on any single axle does not exceed 23,000 pounds, the load on any tandem axle does not exceed 46,000 pounds, and the maximum total gross weight of the vehicle and load does not exceed 80,000 pounds when:
(A) Hauling forest products from the forest where cut to the owners place of business, plant, plantation, or residence; (B) Hauling live poultry or cotton from a farm to a processing plant; (C) Hauling feed from a feed mill to a farm; (D) Hauling granite, either block or sawed for further processing, from the quarry to a processing plant located in the same or an adjoining county; or (E) Hauling solid waste or recovered materials from points of generation to a solid waste handling facility or other processing facility; or (F) Hauling concrete that is in a freshly mixed and unhardened state for delivery to a customer located in the same or an adjoining county. No lift axle may be used in computing the maximum total gross weight authorized for any vehicle or load under this paragraph."
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 N Amerson
Anderson N Ashe
Y Cox Y Crawford Y Cummings Y Davis
Y Hudgens Y Hudson, N E Hudson, S Y Hugley
N Mueller N Muntean N O'Neal N Orrock
N Smith, B N Smith, C N Smith, C.W Y Smith, L
Y Bannister N Barnard
Barnes Y Bell N Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges N Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch N Bunn N Burkhalter Y Burmeister Y Byrd N Callaway N Campbell Y Cash Y Channell N Childers N Coan E Coleman, B
Coleman, T Collins Y Connell Y Cooper
WEDNESDAY, APRIL 10, 2002
Y Day Y Dean
Deloach, B Y Deloach, G N Dix Y Dodson N Drenner Y Dukes E Ehrhart Y Epps Y Everett Y Floyd N Forster N Franklin N Gardner N Golick N Grasse Y Graves Y Greene Y Hammontree Y Hanner E Harbin N Harrell Y Heard
Heckstall Y Hembree N Henson Y Hines N Holland N Holmes Y Houston N Howard
N Irvin E Jackson, B N Jackson, L N James
Jamieson Y Jenkins N Jennings Y Johnson N Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford N Maddox E Mangham Y Manning Y Massey Y McBee
McCall N McClinton Y McKinney Y Millar N Mills N Mobley N Morris Y Mosley
Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag N Porter
Powell Y Purcell N Ragas N Randall Y Ray N Reece N Reed N Reichert N Rice Y Richardson Y Roberts, D
Roberts, L N Rogers Y Royal N Sailor Y Sanders Y Scheid Y Scott Y Seay N Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper
3489
N Smith, P Y Smith, T Y Smith, V Y Smyre N Snelling N Snow
Squires Y Stallings
Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Teper Tillman N Turnquest Y Twiggs E Unterman Y Walker, L N Walker, R.L Watson Y West Y Westmoreland Y Wiles N Wilkinson N Willard Williams, J N Williams, R Y Wix N Yates Murphy, Speaker
On the passage of the Bill, by substitute, the ayes were 92, nays 60.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Collins of the 29th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.
Representatives Barnes of the 97th 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.
Representative Coleman of the 142nd assumed the chair.
3490
JOURNAL OF THE HOUSE
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 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 report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 1002
The Committee of Conference on HB 1002 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1002 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/ C.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 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,
WEDNESDAY, APRIL 10, 2002
3491
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 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
$ 36,367,560
$ 19,164,805
$ 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
$ 36,367,560
$ 36,367,560
Senate Functional Budgets
Senate and Research Office Lt. Governor's Office
Total Funds State Funds $ 6,281,458 $ 6,281,458 $ 1,122,337 $ 1,122,337
3492
JOURNAL OF THE HOUSE
Secretary of the Senate's Office Total
$ 1,477,349 $ 1,477,349 $ 8,881,144 $ 8,881,144
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
$ 13,593,699 $ 13,593,699
$
472,448 $
472,448
$ 1,709,110 $ 1,709,110
$ 15,775,257 $ 15,775,257
Joint Functional Budgets
Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight Committee Total
Total Funds State Funds
$ 3,586,819 $ 3,586,819
$ 2,495,350 $ 2,495,350
$ 1,242,118 $ 1,242,118
$ 3,949,900 $ 3,949,900
$
436,972 $
436,972
$ 11,711,159 $ 11,711,159
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
WEDNESDAY, APRIL 10, 2002
3493
provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.
Section 2. Department of Audits. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications
Total Funds Budgeted
State Funds Budgeted
$ 31,225,276
$ 25,717,476
$
863,300
$
530,000
$
117,000
$
76,400
$ 1,072,400
$
203,000
$
0
$ 2,330,000
$
315,700
$ 31,225,276
$ 31,225,276
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
$ 138,065,139
$ 17,386,921
$ 116,587,920
$ 3,719,573
$ 1,939,121
$
48,500
$
800,000
$
628,375
$ 141,110,410
$ 138,065,139
3494
JOURNAL OF THE HOUSE
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
$ 8,867,690 $ 7,547,324
$ 11,667,428 $ 11,571,428
$ 48,915,181 $ 48,915,181
$ 44,488,982 $ 42,945,077
$ 1,424,336 $ 1,424,336
$ 1,234,973 $ 1,234,973
$ 14,620,439 $ 14,535,439
$
268,279 $
268,279
$ 7,567,177 $ 7,567,177
$ 1,700,368 $ 1,700,368
$
355,557 $
355,557
$ 141,110,410 $ 138,065,139
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
$ 44,215,352
$ 18,815,800
$ 4,663,277
$
298,253
$
20,418
$
174,400
$ 3,359,883
$ 1,101,375
$
497,335
$
730,597
$
245,435
$
0
$
0
$
0
$ 2,350,000
$ 1,532,156
$
0
$
0
$ 6,014,012
$
496,375
$
35,000
$
48,500
$
75,000
$
410,564
WEDNESDAY, APRIL 10, 2002
3495
State Self Insurance Fund Payments to Georgia Technology Authority Removal of Hazardous Waste
Total Funds Budgeted
State Funds Budgeted
$
0
$ 23,738,147
$
100,000
$ 64,706,527
$ 44,215,352
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
$ 32,801,538 $ 29,957,318
$ 14,004,561 $ 1,252,031
$ 3,574,330 $ 3,544,960
$ 3,491,010 $
496,375
$ 2,425,360 $ 2,373,360
$ 1,084,182 $ 1,071,485
$
673,863 $
673,863
$ 1,900,928 $
399,129
$ 4,750,755 $ 4,446,831
$ 64,706,527 $ 44,215,352
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
$ 15,548,326
$ 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
$ 44,840,097
$
0
Departmental Functional Budgets
Executive Division Facilities Operations
Total Funds State Funds
$ 2,118,816 $
0
$ 27,567,904 $
0
3496
JOURNAL OF THE HOUSE
Property Resources Internal Operations Transportation External Operations Total
$ 6,437,197 $
0
$ 2,141,473 $
0
$ 2,349,766 $
0
$ 4,224,941 $
0
$ 44,840,097 $
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 Telephone Billings Radio Billings Materials for Resale Transfers to GIS Clearinghouse
Total Funds Budgeted
State Funds Budgeted
$
0
$ 53,818,093
$ 5,370,000
$
640,000
$
0
$
468,425
$ 19,517,244
$ 2,929,105
$
6,000
$ 22,436,256
$ 3,249,000
$
0
$ 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
$ 41,530,608
$ 34,736,738
$ 4,344,894
$ 1,069,428
$
276,255
$
462,082
$
667,341
$ 1,132,197
$
398,176
$
33,500
$ 1,878,644
$ 1,143,240
$ 3,581,523
WEDNESDAY, APRIL 10, 2002
3497
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
$ 3,008,609
$
160,000
$
20,000
$
475,000
$
653,000
$
0
$
40,000
$
0
$ 54,080,627
$ 41,530,608
Departmental Functional Budgets
Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Total
Total Funds State Funds
$ 9,270,931 $ 7,891,757
$ 16,642,532 $ 13,510,397
$ 7,721,530 $ 3,971,530
$ 7,599,372 $ 7,412,372
$
0$
0
$ 12,043,472 $ 8,744,552
$
802,790 $
0
$ 54,080,627 $ 41,530,608
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
$ 11,192,120
$ 9,474,195
$
394,025
$
420,853
$
12,767
$
2,347
$
207,978
$
545,179
$
124,341
$
10,435
$
0
$ 11,192,120
$ 11,192,120
3498
JOURNAL OF THE HOUSE
Section 7. Department of Community Affairs. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Capital Felony Expense Contracts for Regional Planning and Development Local Assistance Grants Appalachian Regional Commission Assessment HUD-Community Development Block Pass thru
Grants Payment to Georgia Environmental Facilities
Authority Community Service Grants Home Program ARC-Revolving Loan Fund Local Development Fund Payment to State Housing Trust Fund Payments to Sports Hall of Fame Regional Economic Business Assistance Grants
GHFA EZ/EC Administration EZ/EC Grants Regional Economic Development Grants Contracts for Homeless Assistance HUD Section 8 Rental Assistance Georgia Regional Transportation Authority GHFA - Georgia Cities Foundation Georgia Leadership Unfrastructure Investment Fund Quality Growth Program
Total Funds Budgeted
State Funds Budgeted
$ 49,989,200
$ 22,808,257
$ 2,068,605
$
678,602
$
0
$
354,394
$ 1,488,569
$ 1,008,976
$
725,658
$
578,636
$
543,967
$
0
$ 2,022,408
$ 16,566,510
$
133,355
$ 30,000,000
$
315,000
$ 5,000,000
$ 3,007,301
$
0
$
617,500
$ 3,118,750
$
842,541
$ 4,000,000
$
0
$
0
$ 1,128,125
$ 1,250,000
$ 50,000,000
$ 4,735,517
$ 1,500,000
$
550,000
$
200,000
$ 155,242,671
$ 49,989,200
WEDNESDAY, APRIL 10, 2002
3499
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
$ 22,289,645 $ 22,117,901
$ 4,579,113 $ 4,351,037
$ 39,598,842 $ 7,945,484
$ 8,858,426 $ 3,158,261
$ 3,205,545 $ 1,521,058
$ 2,400,064 $
541,559
$ 1,613,369 $
822,625
$ 66,682,825 $ 3,516,433
$ 6,014,842 $ 6,014,842
$ 155,242,671 $ 49,989,200
Section 8. Department of Community Health. A. Budget Unit: State Funds - Medicaid Services Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Medicaid Benefits, Penalties and Disallowances Audit Contracts Special Purpose Contracts Purchase of Service Contracts Grant in Aid to Counties Health Insurance Payments Medical Fair Loan Repayment Program Medical Scholarships Capitation Contracts for Family Practice Residency Residency Capitation Grants Student Preceptorships Medical Student Capitation Mercer School of Medicine Grant Morehouse School of Medicine Grant SREB Payments
$ 1,498,982,995
$ 18,116,681
$ 33,428,854
$ 9,070,745
$
470,802
$
0
$
80,136
$ 92,692,589
$ 1,730,148
$
757,659
$ 1,746,109
$ 404,102,515
$ 4,584,759,686
$ 1,097,500
$
64,732
$
183,244
$ 1,059,076
$ 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
3500
JOURNAL OF THE HOUSE
Pediatric Residency Capitation Preventive Medicine Capitation
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted
$
474,240
$
120,000
$ 6,146,969,019
$ 18,116,681
$ 1,498,982,995
Departmental Functional Budgets
Commissioner's Office Medicaid Benefits, Penalties and Disallowances Program Management - Medicaid Systems Management - Medicaid Office of General Counsel Office of Communications Office of Human Resources General Administration Minority Health Women's Health Employee Health Benefits Health Planning Georgia Board for Physician Workforce Board of Medical Examiners Medical Education Board Primary and Rural Health Total
Total Funds State Funds
$ 1,312,032 $
824,702
$ 4,584,759,686 $ 1,427,578,391
$ 46,810,111 $ 15,631,499
$ 101,986,274 $ 18,165,471
$ 1,327,419 $
769,854
$
523,032 $
261,516
$
408,399 $
246,182
$ 78,306,271 $ 3,104,283
$
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
$ 3,563,478 $ 3,166,481
$ 6,146,969,019 $ 1,517,099,676
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
$ 60,888,672
$ 4,970,705
$
373,107
$
120,254
$
50,000
$
0
$
1,155
$
250,000
$
0
WEDNESDAY, APRIL 10, 2002
Telecommunications Per Diem and Fees Contracts PeachCare Benefits, Penalties and Disallowances
Total Funds Budgeted Tobacco Funds Budgeted
State Funds Budgeted
Section 9. Department of Corrections. State Funds - Administration, Institutions
and Probation Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Utilities Court Costs County Subsidy County Subsidy for Jails County Workcamp Construction Grants Central Repair Fund Payments to Central State Hospital for Meals Payments to Central State Hospital for Utilities Payments to Public Safety for Meals Inmate Release Fund Health Services Purchases University of Georgia - College of Veterinary
Medicine Contracts Minor Construction Fund
Total Funds Budgeted Indirect DOAS Funding
State Funds Budgeted
3501
$
12,350
$
0
$ 8,005,806
$ 222,013,028
$ 230,825,700
$ 4,970,705
$ 60,888,672
$ 957,282,977
$ 591,467,755
$ 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
$ 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
$ 126,820,841
$
449,944
$
903,000
$ 981,769,781
$
450,000
$ 957,282,977
3502
JOURNAL OF THE HOUSE
Departmental Functional Budgets
Executive Operations Administration Human Resources Field Probation Facilities Programs Total
Total Funds State Funds $ 31,084,744 $ 30,277,744 $ 35,744,661 $ 35,744,661 $ 9,527,197 $ 9,527,197 $ 70,785,676 $ 70,785,676 $ 689,685,910 $ 674,470,315 $ 144,941,593 $ 136,477,384 $ 981,769,781 $ 957,282,977
Section 10. Department of Defense. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay
Total Funds Budgeted
State Funds Budgeted
$ 8,556,845
$ 15,945,194
$ 17,747,248
$
90,875
$
0
$
52,800
$
128,625
$
44,010
$ 1,021,973
$ 1,421,895
$
244,000
$
0
$ 36,696,620
$ 8,556,845
Departmental Functional Budgets
Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Total
Total Funds State Funds
$ 2,875,630 $ 2,544,677
$ 6,422,909 $
912,896
$ 27,398,081 $ 5,099,272
$ 36,696,620 $ 8,556,845
Section 11. State Board of Education A. Budget Unit: State Funds - Department of
Education Tobacco Funds Operations: Personal Services Regular Operating Expenses Travel
$ 6,054,626,829 $ 30,000,000
$ 40,829,615 $ 7,950,546 $ 1,511,817
WEDNESDAY, APRIL 10, 2002
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 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
3503
$
0
$
361,612
$ 1,110,653
$ 2,217,576
$ 30,290,505
$ 10,606,995
$ 2,239,313
$
800,451
$
0
$ 1,627,171,321
$ 1,479,094,496
$ 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
$ 140,655,321
$ 878,977,026
$ 167,551,763
$ (1,102,013,446)
$
0
$ 152,625,265
$ 278,259,401
$ 6,548,910
$
852,291
$
875,000
$ 4,340,000
$ 65,863,808
$ 27,650,639
$
293,520
$ 240,262,432
$ 4,025,312
$ 157,076,091
$ 5,508,750
$ 1,900,000
3504
JOURNAL OF THE HOUSE
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 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
$
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
$ 12,074,667
$ 67,340,280
$ 5,030,812
$ 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
$ 21,636,228
$ 1,553,697
$
0
$
600,000
$ 4,015,000
$ 6,913,430,590
$
0
WEDNESDAY, APRIL 10, 2002
3505
Tobacco Funds Budgeted State Funds Budgeted
$ 30,000,000 $ 6,054,626,829
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
$ 16,250,415 $ 13,522,072
$ 24,912,159 $ 10,540,844
$ 1,469,926 $ 1,392,337
$ 8,734,803 $ 3,261,336
$ 8,922,028 $
55,520
$ 18,482,276 $ 13,283,277
$ 6,815,861,507 $ 6,025,433,025
$ 6,165,490 $ 5,586,957
$ 5,743,337 $ 5,248,986
$ 6,888,649 $ 6,302,475
$ 6,913,430,590 $ 6,084,626,829
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
$
0
$
0
$
0
$
0
$
0
$
0
$
0
$
0
$
0
$
0
$
0
$
0
$
0
$
0
$
0
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
$ 1,343,398
$ 237,879,948
$ 2,090,892
$ 5,215,957
$ 1,237,898
$
36,500
$
50,000
$
0
$
0
3506
JOURNAL OF THE HOUSE
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 Per Diem and Fees Contracts Benefits to Retirees
Total Funds Budgeted
State Funds Budgeted
Section 13. Forestry Commission. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Ware County Grant
$
0
$
5,000
$
0
$
3,000
$
11,000
$
0
$
0
$ 75,495,529
$
424,000
$ 322,449,724
$ 245,186,797
$ 1,343,398
$
617,000
$ 2,826,530
$
488,800
$
29,000
$
0
$
12,450
$ 1,269,708
$
345,740
$
82,002
$
355,000
$ 1,452,000
$
617,000
$ 7,478,230
$
617,000
$ 37,327,277
$ 32,045,544
$ 6,244,849
$
182,385
$ 1,212,845
$ 1,860,331
$
357,000
$
11,518
$
993,627
$
9,500
$
577,300
$
60,000
WEDNESDAY, APRIL 10, 2002
3507
Ware County Grant for Southern Forest World Ware County Grant for Road Maintenance Capital Outlay
Total Funds Budgeted
State Funds Budgeted
$
28,500
$
0
$
0
$ 43,583,399
$ 37,327,277
Departmental Functional Budgets
Reforestation Field Services General Administration and Support Total
Total Funds State Funds
$ 2,045,695 $
13,839
$ 37,075,463 $ 33,019,352
$ 4,462,241 $ 4,294,086
$ 43,583,399 $ 37,327,277
Section 14. Georgia Bureau of Investigation. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Evidence Purchased Capital Outlay Crime Victims Assistance Program Criminal Justice Grants
Total Funds Budgeted
State Funds Budgeted
$ 66,487,399
$ 52,970,347
$ 6,796,109
$
680,342
$ 1,191,897
$
862,590
$
631,960
$
651,289
$ 1,128,972
$ 2,231,277
$ 2,285,654
$
428,667
$
0
$ 1,500,000
$ 27,783,371
$ 99,142,475
$ 66,487,399
Departmental Functional Budgets
Administration Investigative Georgia Crime Information Center Forensic Sciences Criminal Justice Coordinating Council Total
Total Funds State Funds
$ 6,317,907 $ 6,317,907
$ 30,459,395 $ 29,045,725
$ 10,533,299 $ 10,533,299
$ 20,221,781 $ 20,221,781
$ 31,610,093 $
368,687
$ 99,142,475 $ 66,487,399
3508
JOURNAL OF THE HOUSE
Section 15. Office of the Governor. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Cost of Operations Mansion Allowance Governor's Emergency Fund Intern Program Expenses Art Grants of State Funds Art Grants of Non-State Funds Humanities Grant - State Funds Art Acquisitions - State Funds Children and Youth Grants Juvenile Justice Grants Georgia Crime Victims Assistance Program Grants to Local Systems Grants - Local EMA Grants - Other Grants - Civil Air Patrol Criminal Justice Grants Troops to Teachers Flood - Contingency
Total Funds Budgeted
State Funds Budgeted
$ 46,726,538
$ 22,386,616
$ 1,591,555
$
380,049
$
0
$
98,207
$
528,967
$ 1,112,401
$
586,282
$ 2,670,014
$ 8,486,398
$ 4,769,829
$
40,000
$ 3,861,681
$
358,595
$ 3,960,880
$
274,194
$
179,645
$
0
$
0
$
0
$
0
$
482,540
$ 1,085,000
$
0
$
57,000
$
0
$
111,930
$
0
$ 53,021,783
$ 46,726,538
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
Total Funds State Funds
$ 9,030,105 $ 9,030,105
$ 1,146,038 $
843,067
$ 12,054,548 $ 12,054,548
$ 5,389,066 $ 4,679,973
$ 4,996,396 $ 4,428,707
$
792,445 $
792,445
$
476,003 $
476,003
WEDNESDAY, APRIL 10, 2002
3509
Professional Standards Commission Georgia Emergency Management Agency Education Accountability Total
$ 9,396,221 $ 9,284,291 $ 7,111,305 $ 2,507,743 $ 2,629,656 $ 2,629,656 $ 53,021,783 $ 46,726,538
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 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
$ 1,402,908,154 $ 47,748,385
$ 120,528,334
$ 5,568,693
$ 2,348,842
$
0
$
461,311
$ 9,242,224
$ 4,972,880
$ 41,894,944
$ 59,169,122
$ 16,841,188
$
0
$
0
$ 88,203,208
$
163,451
$
0
$ 2,052,936
$ 33,961,019
$
0
$
0
$
500,000
$ 385,908,152
$ 3,982,840
$ 8,278,248
$ 190,170,722
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
Total Funds State Funds $ 1,130,956 $ 1,130,956 $ 4,329,923 $ 4,301,407 $ 9,908,063 $ 6,411,199 $ 10,181,847 $ 9,906,847 $ 1,354,672 $ 1,354,672 $ 74,644,906 $ 35,771,281
3510
JOURNAL OF THE HOUSE
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
$
16,984,681 $ 7,031,833 $ 835,051 $ 3,692,730 $
12,241,521 $ 6,749,458 $
10,405,734 $ 2,825,969 $ 6,785,187 $
17,391,703 $ 18,621,966 $
0$ 1,347,514 $ 94,930,065 $ 1,608,994 $
500,000 $ 82,405,379 $ 385,908,152 $
16,064,944 5,731,800 765,051 3,666,161 6,137,056 2,007,038 6,016,024 2,825,969 6,785,187 2,880,864
18,621,966 (15,823,148)
1,347,514 63,374,662
31,498 500,000 18,640,022 198,448,970
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
$ 56,805,303
$ 77,843,867
$
945,967
$
0
$
195,367
$ 1,509,862
$ 1,161,649
$ 10,895,863
$
0
$ 1,137,699
$
292,000
$ 29,306,980
$ 159,447,695
$
0
$
196,680
$ 6,138,072
$ 345,877,004
$
324,160
$ 25,873,781
$ 175,077,819
WEDNESDAY, APRIL 10, 2002
3511
Departmental Functional Budgets
District Health Administration Newborn Follow-Up Care Oral Health Stroke and Heart Attack Prevention Sickle Cell, Vision and Hearing High-Risk Pregnant Women and Infants Sexually Transmitted Diseases Family Planning Women, Infants and Children Nutrition Grant in Aid to Counties Children's Medical Services Emergency Health Primary Health Care Epidemiology Immunization Community Tuberculosis Control Family Health Management Infant and Child Health Maternal Health - Perinatal Chronic Disease Diabetes Cancer Control Director's Office Vital Records Health Services Research Environmental Health Laboratory Services Community Health Management AIDS Drug and Clinic Supplies Adolescent Health Public Health - Planning Councils Early Intervention Injury Control Smoking Prevention and Cessation HIV Waiver Public Health - Division Indirect Cost Total
Total Funds State Funds
$ 13,615,145 $ 13,449,265
$ 1,376,580 $ 1,153,908
$ 2,891,728 $ 2,566,110
$ 2,168,423 $
955,193
$ 7,809,375 $ 7,040,542
$ 5,351,284 $ 5,351,284
$ 3,289,533 $ 1,013,946
$ 12,080,517 $ 6,208,333
$ 85,325,463 $
0
$ 73,901,837 $ 72,915,286
$ 13,412,032 $ 6,581,176
$ 2,997,991 $ 1,554,293
$
593,232 $
477,088
$ 4,895,107 $ 4,485,867
$ 1,702,964 $
0
$ 5,909,784 $ 4,310,823
$ 1,984,966 $ 1,128,814
$
888,516 $
666,655
$ 2,915,924 $ 1,240,462
$ 1,671,909 $ 1,666,089
$
4,925 $
4,925
$ 8,294,715 $ 8,291,968
$ 2,986,866 $ 2,708,800
$ 2,264,558 $ 1,983,776
$
797,775 $
756,370
$ 2,140,668 $ 1,609,193
$ 8,438,565 $ 8,168,565
$
351,484 $
250,276
$ 22,414,385 $ 15,552,668
$ 12,152,398 $ 4,079,320
$ 12,840,466 $ 3,145,905
$
88,113 $
60,970
$ 13,224,767 $ 10,632,241
$
300,029 $
178,983
$ 14,794,980 $ 14,787,405
$
0$
0
$
0 $ (4,024,899)
$ 345,877,004 $ 200,951,600
3512
JOURNAL OF THE HOUSE
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
$ 14,433,328
$ 3,410,939
$ 1,289,817
$
0
$
237,019
$
535,702
$ 6,981,954
$ 7,036,844
$
0
$
688,660
$ 7,630,688
$ 123,303,498
$ 7,334,127
$ 433,703,612
$ 31,312,611
$ 2,401,505
$ 384,143,296
$ 1,024,443,600
$
0
$ 3,341,218
$ 430,200,608
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
Total Funds
$ 1,014,930 $
$ 6,878,947 $
$ 4,778,144 $
$ 3,837,202 $
$ 14,041,443 $
$ 2,823,444 $
$ 4,229,849 $
$ 3,691,425 $
$ 114,134,948 $
$
0$
$ 2,795,420 $
$ 7,223,130 $
$ 130,434,626 $
$ 138,031,787 $
$ 3,190,752 $
$ 9,310,290 $
State Funds 1,013,524 6,363,528 2,792,315 3,837,202 1,864,960 2,570,940 2,465,332 3,691,425
48,247,444 0 0 0
63,605,261 54,883,698
0 3,191,136
WEDNESDAY, APRIL 10, 2002
3513
County DFACS Operations - Joint and
Administration
$ 78,186,543 $
County DFACS Operations - Employability Program $ 28,880,050 $
Employability Benefits
$ 43,105,900 $
Legal Services
$ 6,546,322 $
Family Foster Care
$ 68,256,454 $
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
$ 181,700,622 $
Special Projects
$ 4,158,617 $
Children's Trust Fund
$ 7,630,688 $
Indirect Cost
$
0$
Total
$ 1,024,443,600 $
33,853,982 11,013,420 15,838,963
2,670,531 36,197,662 12,391,780
3,971,061 24,591,338
9,709,222 33,149,436 56,316,937
4,118,617 7,630,688 (12,438,576) 433,541,826
4. Community Mental Health/Mental Retardation and Institutions:
Personal Services Operating Expenses Motor Vehicle Equipment Purchases Utilities Major Maintenance and Construction Community Services
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted
$ 296,790,985
$ 55,788,039
$
200,000
$ 9,483,000
$ 1,991,161
$ 665,064,484
$ 1,029,317,669
$ 1,313,100
$ 10,255,138
$ 607,459,005
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
Total Funds State Funds $ 30,903,923 $ 18,214,989 $ 22,774,359 $ 17,684,276 $ 29,284,105 $ 19,748,193 $ 40,250,123 $ 30,555,478 $ 115,171,983 $ 68,615,756 $ 21,135,850 $ 17,508,280 $ 49,731,638 $ 22,175,693 $ 23,136,119 $ 19,190,755 $ 4,264,736 $ 3,324,046 $ 288,108,172 $ 206,222,163
3514
JOURNAL OF THE HOUSE
Community Mental Retardation Services Community Substance Abuse Services Program Direction and Support Regional Offices Total
$ 279,889,230 $ $ 99,761,719 $ $ 15,031,686 $ $ 9,874,026 $ $ 1,029,317,669 $
131,511,148 48,403,204 8,718,436 5,841,726
617,714,143
Budget Unit Object Classes: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Operating Expenses Community Services Case Services Children's Trust Fund Cash Benefits Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Grant-In-Aid to Counties Major Maintenance and Construction Utilities Postage Payments to DCH-Medicaid Benefits Grants to County DFACS - Operations Medical Benefits Brain and Spinal Trust Fund Benefits
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted
$ 488,557,950
$ 86,823,499
$ 4,584,626
$
200,000
$
893,697
$ 11,287,788
$ 13,116,483
$ 59,827,651
$ 59,169,122
$ 18,667,547
$ 55,788,039
$ 665,064,484
$
0
$ 7,630,688
$ 123,303,498
$ 7,626,127
$ 433,703,612
$ 148,822,799
$ 159,447,695
$ 2,154,612
$ 9,483,000
$ 4,651,121
$ 33,961,019
$ 384,143,296
$ 6,138,072
$
500,000
$ 2,785,546,425
$ 5,620,100
$ 47,748,385
$ 1,402,908,154
Section 17. Department of Industry, Trade and Tourism.
State Funds Tobacco Funds
$ 30,627,113 $ 65,430,712
WEDNESDAY, APRIL 10, 2002
3515
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 Intergovernmental Contract
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted
$ 12,930,506
$ 1,218,395
$
593,806
$
20,000
$
62,597
$
391,336
$
852,119
$
442,215
$
53,200
$ 1,360,286
$
253,100
$ 10,199,553
$
0
$
0
$
50,000
$
0
$
0
$ 65,430,712
$ 2,200,000
$ 96,057,825
$ 65,430,712
$ 30,627,113
Departmental Functional Budgets
Administration Economic Development Trade Tourism Film Total
Total Funds State Funds
$ 77,812,919 $ 12,382,207
$ 9,761,095 $ 9,761,095
$ 2,850,492 $ 2,850,492
$ 4,984,997 $ 4,984,997
$
648,322 $
648,322
$ 96,057,825 $ 30,627,113
Section 18. Department of Insurance. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications
$ 16,192,892
$ 14,653,490
$
702,947
$
463,030
$
80,176
$
30,400
$
223,000
$
601,164
$
383,143
3516
JOURNAL OF THE HOUSE
Per Diem and Fees Contracts Health Care Utilization Review
Total Funds Budgeted
State Funds Budgeted
$
92,042
$
0
$
0
$ 17,229,392
$ 16,192,892
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
$ 5,483,073 $ 5,483,073
$ 5,901,075 $ 5,901,075
$
511,268 $
511,268
$ 4,760,123 $ 3,723,623
$
573,853 $
573,853
$ 17,229,392 $ 16,192,892
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 Capital Outlay Juvenile Justice Reserve Children and Youth Grants Juvenile Justice Grants
Total Funds Budgeted
State Funds Budgeted
$ 279,841,168
$ 170,594,233
$ 15,032,602
$ 2,245,293
$
214,143
$ 1,001,029
$ 1,949,410
$ 3,131,474
$ 2,327,749
$ 5,514,460
$ 3,770,545
$ 3,262,322
$
655,000
$
0
$ 86,265,441
$
0
$
0
$
0
$
250,000
$ 1,687,100
$ 297,900,801
$ 279,841,168
Departmental Functional Budgets Regional Youth Development Centers
Total Funds State Funds $ 73,539,816 $ 72,035,856
WEDNESDAY, APRIL 10, 2002
3517
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
$ 72,529,885 $ 70,588,030
$ 38,653,612 $ 37,561,715
$ 33,929,882 $ 29,425,075
$
619,520 $
619,520
$ 1,408,795 $ 1,408,795
$ 42,559,925 $ 35,563,409
$ 1,564,473 $ 1,564,473
$
831,391 $
831,391
$ 4,359,070 $ 4,269,070
$ 22,213,933 $ 22,193,335
$ 3,182,401 $ 3,182,401
$ 2,508,098 $
598,098
$ 297,900,801 $ 279,841,168
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
Total Funds Budgeted
State Funds Budgeted
$ 17,687,894
$ 91,058,200
$ 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
$
0
$ 1,287,478
$
0
$ 168,091,244
$ 17,687,894
B. Budget Unit: State Funds - Division Of Rehabilitation Services
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals
$ 29,682,627
$ 93,223,446
$ 13,963,645
$ 2,008,995
$
39,095
$ 1,015,890
$ 5,790,455
3518
JOURNAL OF THE HOUSE
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
$ 7,080,026
$ 4,512,155
$ 2,573,235
$ 3,138,419
$ 41,304,191
$ 1,085,245
$ 12,823,824
$
255,000
$
0
$
0
$ 188,813,621
$
100,000
$ 29,682,627
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
$ 86,608,043 $ 18,893,518
$ 1,663,761 $
360,633
$ 4,036,894 $ 2,559,248
$ 55,297,080 $
0
$ 11,821,908 $
722,533
$ 29,385,935 $ 7,146,695
$ 188,813,621 $ 29,682,627
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
$ 15,693,120
$ 15,314,096
$
719,600
$
183,617
$
0
$
0
$
302,292
$
837,469
$
194,200
$ 19,424,422
$
0
$
199,150
$ 37,174,846
$ 15,693,120
Section 22. Merit System of Personnel Administration.
WEDNESDAY, APRIL 10, 2002
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 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
3519
$
0
$ 8,563,196
$ 1,126,141
$
107,263
$
0
$
651,119
$
335,350
$
919,326
$ 1,682,822
$
184,400
$
820,675
$ 14,390,292
$
0
$ 1,430,262
$ 12,274,140
$
685,890
$
0
$ 92,887,783
$ 62,581,425
$ 8,481,832
$
465,062
$
332,206
$
745,335
$ 12,561,537
$ 2,536,453
$ 3,179,499
$
751,198
$ 1,318,987
$
0
$ 6,892,489
$
34,900
$
348,651
$ 3,459,434
$
750,000
$
102,668
$ 104,541,676
$ 1,960,000
$ 92,887,783
3520
JOURNAL OF THE HOUSE
Departmental Functional Budgets
Administration Operations Enforcement Total
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 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 Southwest Georgia Railroad Excursion Authority
Total Funds State Funds $ 32,270,940 $ 26,984,355 $ 55,187,914 $ 55,187,914 $ 17,082,822 $ 10,715,514 $ 104,541,676 $ 92,887,783
$ 149,271,382
$ 91,414,320
$ 15,477,657
$
813,926
$
839,822
$ 2,216,960
$ 3,223,333
$ 1,418,551
$ 9,998,386
$
890,900
$ 1,399,335
$
0
$
725,000
$ 1,333,300
$
860,176
$ 4,560,913
$
982,330
$
500,000
$
800,000
$
341,000
$
0
$
354,494
$
62,700
$ 7,595,077
$ 6,132,574
$
0
$ 1,949,418
$
524,875
WEDNESDAY, APRIL 10, 2002
3521
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
$
100,000
$
31,000
$
24,000
$ 1,012,495
$ 30,000,000
$ 185,582,542
$
840,190
$
0
$ 1,331,931
$ 1,434,982
$
200,000
$ 149,271,382
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
$ 35,687,330 $ 35,640,064
$ 7,523,988 $ 7,523,988
$ 2,866,788 $ 2,376,788
$ 42,472,943 $ 22,517,223
$ 2,649,538 $ 2,478,676
$ 38,226,935 $ 32,894,964
$ 55,684,955 $ 45,473,527
$
470,065 $
366,152
$ 185,582,542 $ 149,271,382
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
$ 3,267,771
$ 2,416,232
$
10,000
$
0
$
41,000
$
20,000
$
0
$
80,000
$
89,167
$
754,000
$
0
$ 6,678,170
$
0
3522
JOURNAL OF THE HOUSE
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 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
$
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
$ 50,181,567
$ 41,038,719
$ 1,488,825
$
431,800
$
69,239
$
291,500
$
606,200
$ 3,113,201
$ 1,065,600
$
523,304
$
740,679
$
792,500
$
20,000
$ 50,181,567
$ 50,181,567
$ 86,052,740
$ 75,161,775 $ 8,325,571
WEDNESDAY, APRIL 10, 2002
3523
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
$
105,552
$ 2,876,986
$
370,337
$
758,170
$
47,834
$ 2,100,380
$
473,920
$
301,800
$
145,100
$
0
$
5,000
$ 90,672,425
$
990,000
$ 86,052,740
Departmental Functional Budgets
Administration Field Operations Total
Total Funds State Funds $ 19,399,616 $ 18,081,366 $ 71,272,809 $ 67,971,374 $ 90,672,425 $ 86,052,740
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
$ 15,775,452
$ 11,815,437
$ 3,430,520
$
171,198
$
68,987
$
209,796
$
330,645
$
330,584
$
352,825
$
415,212
$
520,502
$ 2,525,200
$ 1,987,488
$
0
$ 22,158,394
$ 15,775,452
3524
JOURNAL OF THE HOUSE
Departmental Functional Budgets
Total Funds State Funds
Office of Highway Safety
$ 4,427,178 $
609,229
Georgia Peace Officers Standards and Training
$ 1,565,709 $ 1,565,709
Police Academy
$ 1,539,445 $ 1,203,952
Fire Academy
$ 1,260,546 $ 1,147,689
Georgia Firefighters Standards and Training Council $
490,589 $
490,589
Georgia Public Safety Training Facility
$ 12,874,927 $ 10,758,284
Total
$ 22,158,394 $ 15,775,452
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 Contracts
Total Funds Budgeted
State Funds Budgeted
$ 9,179,494
$ 6,903,862
$
265,711
$
124,876
$
66,640
$
20,300
$
252,586
$
412,531
$
141,660
$
804,639
$
460,000
$ 9,452,805
$ 9,179,494
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:
$ 1,491,464,922 $ 6,585,889
$ 1,732,309,454 $ 388,632,432
WEDNESDAY, APRIL 10, 2002
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 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
3525
$ 380,727,080
$ 827,773,561
$ 34,809,941
$ 1,173,546
$
356,529
$ 1,042,915
$ 30,461,162
$ 188,870,159
$ 3,586,156,779
$ 127,332,403
$ 1,216,405,993
$ 741,328,072
$ 3,039,500
$ 6,585,889
$ 1,491,464,922
$ 232,847,640
$
0
$ 136,921,138 $ 65,692,480
$ 59,809,345 $ 31,293,568 $ 3,199,567
$ 23,525,319
$
0
$
0
$ 7,339,889
$
874,601
$
565,155
$ 1,735,650
$ 19,574,482
$ 35,104,975
$
0
$ 36,189,947
$ 421,826,116
$ 8,543,070
3526
JOURNAL OF THE HOUSE
Sponsored Income Other Funds
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted
$ 108,954,866
$ 70,937,040
$
543,500
$
0
$ 232,847,640
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 $ 2,785,260 $ 1,700,460 $ 5,209,831 $ 1,866,411 $ 1,861,693 $ 1,094,060 $ 113,621,320 $ 10,143,258
$ 23,525,319 $ 10,251,951
$ 75,522,129 $ 47,381,410
$ 63,630,629 $ 40,536,492
$
193,500 $
0
$ 4,071,957 $ 4,071,957
$ 6,565,968 $
558,968
$ 3,625,810 $
0
$ 3,456,657 $
102,687
$ 68,179,168 $ 68,072,319
$ 43,390,267 $ 40,881,059
$ 6,186,608 $ 6,186,608
$ 421,826,116 $ 232,847,640
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
$ 14,694,586
$ 16,249,224
$ 4,070,278
$ 2,784,685
$ 37,798,773
$ 37,798,773
$
0
D. Budget Unit: Lottery for Education Equipment, Technology and Construction Trust
Fund Georgia Public Telecommunications Commission Internet Connection Initiative
$
0
$
0
$
0
$
0
WEDNESDAY, APRIL 10, 2002
3527
Special Funding Initiatives Research Consortium - Georgia Research Alliance Equipment - Public Libraries Student Information System Educational Technology Center
Total Funds Budgeted
Lottery Funds Budgeted
$
0
$
0
$
0
$
0
$
0
$
0
$
0
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
$ 446,969,010
$
150,000
$ 58,189,103
$ 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
$ 2,331,575
$ 2,800,000
$ 353,000,000
$ 451,468,445
$ 2,545,000
$
150,000
$ 446,969,010
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
Total Funds State Funds
$ 24,359,015 $ 24,359,015
$ 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
3528
JOURNAL OF THE HOUSE
Alcohol and Tobacco Total
$ 2,923,505 $ 2,923,505 $ 451,468,445 $ 447,119,010
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
$ 34,986,020
$ 19,130,432
$ 4,708,833
$
424,424
$
105,241
$
73,782
$ 3,838,024
$ 4,001,878
$ 1,017,577
$
355,721
$ 1,802,955
$
591,503
$
0
$ 36,050,370
$ 34,986,020
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
$ 5,045,890 $ 5,015,890
$ 6,094,491 $ 6,019,491
$
416,019 $
416,019
$ 2,085,424 $ 1,346,074
$ 2,033,467 $ 1,983,467
$ 8,505,117 $ 8,485,117
$ 1,429,620 $ 1,429,620
$
569,203 $
569,203
$ 9,560,620 $ 9,410,620
$
310,519 $
310,519
$ 36,050,370 $ 34,986,020
B. Budget Unit: State Funds - Real Estate Commission
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges
$ 2,303,269
$ 1,443,924
$
145,000
$
47,000
$
0
$
12,500
$
245,845
WEDNESDAY, APRIL 10, 2002
3529
Real Estate Rentals Telecommunications Per Diem and Fees Contracts
Total Funds Budgeted State Funds Budgeted
$
181,000
$
84,000
$
0
$
144,000
$ 2,303,269
$ 2,303,269
Departmental Functional Budgets Real Estate Commission
State Funds $ 2,303,269 $
Cost of Operations
2,343,269
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
$ 3,570,583
$ 1,690,826
$
211,806
$
42,343
$
0
$
23,184
$
15,953
$
119,052
$
40,686
$
139,838
$ 1,841,300
$
86,000
$ 4,210,988
$ 3,570,583
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
$ 40,860,714
$
561,309
$
23,315
$
19,000
$
0
$
6,300
$
20,233
$
49,615
$
12,091
$
11,560
3530
JOURNAL OF THE HOUSE
Contracts Payment of Interest and Fees Guaranteed Educational Loans Tuition Equalization Grants Student Incentive Grants Law Enforcement Personnel Dependents' Grants North Georgia College ROTC Grants North Georgia College Graduates Scholarship Osteopathic Medical Loans Georgia Military Scholarship Grants Paul Douglas Teacher Scholarship Loans Work Incentive for Students LEAP Program Governor's Scholarship Program
Total Funds Budgeted
State Funds Budgeted
$
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
$ 40,860,714
$ 40,860,714
Departmental Functional Budgets
Georgia Student Finance Authority Georgia Nonpublic Postsecondary Education
Commission Total
Total Funds State Funds $ 40,122,585 $ 40,122,585
$
738,129 $
738,129
$ 40,860,714 $ 40,860,714
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 Personal Services - HOPE Administration Operating Expenses - HOPE Administration
Total Funds Budgeted
Lottery Funds Budgeted
$ 379,813,203
$ 220,556,031
$ 48,293,781
$ 55,433,750
$
0
$ 41,856,010
$
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
WEDNESDAY, APRIL 10, 2002
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 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
3531
$ 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
$ 289,697,687
$ 6,615,625
$
384,501
$
127,800
$
0
$
49,854
$
588,518
$
145,690
$
169,734
$
698,328
$
115,980
$
0
$ 249,774,736
$ 62,653,354
$ 6,461,012
$ 20,386,024
$ 3,717,590
$ 13,556,058
$ 365,444,804
$ 289,697,687
3532
JOURNAL OF THE HOUSE
Departmental Functional Budgets
Administration Institutional Programs Total
Total Funds State Funds $ 8,896,030 $ 6,836,242 $ 356,548,774 $ 282,861,445 $ 365,444,804 $ 289,697,687
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 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 Payments to the State Road and Tollway Authority
Total Funds Budgeted
State Funds Budgeted
$ 657,104,723 $ 262,140,843 $ 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 $ 7,048,827 $ 17,951,272
$
710,855
$
0
$ 3,562,117
$ 31,000,000
$ 2,099,027,200
$ 657,104,723
WEDNESDAY, APRIL 10, 2002
3533
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
$ 3,222,667 $ 2,564,872
$ 50,340,206 $ 14,828,996
$
710,855 $
710,855
$ 54,273,728 $ 18,104,723
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
22,230,411
$ 5,866,301
$
393,240
$
131,202
$
0
$
118,822
$
30,080
$
219,543
$
87,160
$
24,500
$ 17,248,104
$ 8,005,344
$
0
$
0
$
436,000
$ 32,560,296
$ 22,230,411
Departmental Functional Budgets Veterans Assistance
Total Funds State Funds $ 24,554,952 $ 19,459,196
3534
JOURNAL OF THE HOUSE
Veterans Nursing Home-Augusta Total
$ 8,005,344 $ 2,771,215 $ 32,560,296 $ 22,230,411
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
$ 12,452,646
$ 10,229,641
$
470,115
$
140,600
$
0
$
44,048
$
261,976
$ 1,299,338
$
187,828
$
183,100
$
0
$ 12,816,646
$ 12,452,646
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)
$ 551,752,918 $ 51,000,000 $ 602,752,918
$
0
$
0
$
0
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
WEDNESDAY, APRIL 10, 2002
3535
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 selfinsurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commissioner of administrative services may, subject to the approval of the Office of Planning and Budget, transfer funds between any such self-insurance funds or insurance programs.
Section 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.
3536
JOURNAL OF THE HOUSE
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 contract with the Southeast Georgia Regional Development Center from the Contracts object class a total of $72,200 for operating expenses.
Recipient
Description
Amount
Georgia Mountain RDC Water Planning
$ 45,000
Americus
Construction of restrooms and concession stand at
Sumnter County recreation/soccer fields for Americus/Sumnter County
Recreation
Recreation Authority
$
Authority
40,000
Athens/Clark County
Contract with Food Bank of Northeast Georgia for food distribution in Athens/Clark County
$
10,000
Athens/Clark County
Contract with Multiple Choices Center in Athens/Clark County
$
15,000
Athens/Clarke County
Purchase a van for resident transportation need at Lanier Gardens/Talmadge Terrace in Athens/Clarke County
$
25,000
WEDNESDAY, APRIL 10, 2002
3537
Athens/Clarke County
Contract with Athens Tutorial Program for after-school
tutorial and enrichment program in Athens/Clarke
$
County
10,000
Athens/Clarke Funding for the Non-profit Community Children's
County
Chorus at the University of Georgia in Athens/Clarke $ 15,000
County
Athens/Clarke County
Roof repair at building housing Kelley Diversified, Inc. in Athens/Clarke County
$
20,000
Athens/Clarke Provide for project Safe Campuses Now in
County
Athens/Clarke County
$ 30,000
Atkinson County Chain link fencing and 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
Education
$ 10,000
Atkinson County Commission
Courthouse parking lot expansion, courtroom renovation and farmers' market in Atkinson County
$
10,000
Augusta/ Richmond County
Contract for services with the Augusta Mini Theater, Inc.
in Augusta/ Richmond County
$ 50,000
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
3538
JOURNAL OF THE HOUSE
Augusta/ Richmond County
Augusta/ Richmond County
Augusta/ Richmond County
Augusta/ Richmond County
Augusta/ Richmond County
Augusta/ Richmond County
Augusta/ Richmond County
Augusta/ Richmond County
Augusta/ Richmond County
Augusta/ Richmond County
Contract for services with Harrisburg Neighborhood Association for food and essentials for the needy in Augusta/Richmond County
$ 35,000
Construct playground for disabled children in Central
Savannah River Area for the Rachel Longstreet
$ 25,000
Foundation in Augusta/Richmond County
Exhibition improvements and expansion of education
programs at the Augusta Museum of History
$ 15,000
Contract for services with the Beyond The Ark Outreach
Services B.T.A. in Augusta/Richmond County
$ 10,000
Expand operation of the Augusta/Richmond County Animal Control
$ 15,000
Technology computer center within the Barton Village
Community in Augusta/Richmond County
$ 10,000
Contract for services with Augusta African/American Historical Community in Augusta/Richmond County to $ identify historical locations
10,000
Contract for services with Shiloh Comprehensive Community Center in Augusta/Richmond County
$ 5,000
Contract for services with Beulah Grove Community Resource Center in Augusta/Richmond County
$ 10,000
Contract services with Augusta/Richmond Opportunities
in Augusta/Richmond County
$
5,000
WEDNESDAY, APRIL 10, 2002
3539
Augusta/ Richmond County
Contract for services with Neighborhood Improvement
Programs in Augusta/Richmond County
$
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
Augusta/ Richmond County
Contract for services with New Savannah Road Social
Services in Augusta/Richmond County
$ 40,000
Augusta/ Richmond County
Construction cost of The Theater in Augusta/Richmond
County
$ 50,000
Avondale Estates Renovate Boy Scout's building in the City of Avondale Estates
$
10,000
Bacon County
Purchase 4-H equipment and supplies for Bacon County Extension Service
$
2,000
Bacon County Improvements at Bacon County Recreation Department $ 5,000
Baker County Contract with Georgia Empowerment and Resource Services, Inc. to promote growth and development of $ 10,000 business in Baker County
Baker County Support for Baker Elementary PTA in Baker County
Board of
$ 2,000
Education
3540
JOURNAL OF THE HOUSE
Baldwin County
Purchase Thermal Imaging Camera Baldwin County Fire Department
equipment
for
use
by
$
10,000
Baldwin County Purchase digital mapping system for Baldwin County $ 20,000
Baldwin County Continuation of Office of Solicitor General's victim assistance programs in Baldwin County
$ 5,000
Baldwin County Funds for Baldwin/Oconee River Greenway Project in Baldwin County
$
10,000
Baldwin County Fund the Victims Assistance Program in Baldwin County
$ 15,000
Baldwin County Funding for programs at the Boys and Girls Club of Baldwin and Jones Counties
$ 5,000
Banks County Purchase of used van for the Banks County Senior Center
$ 20,000
Banks County Design health services for senior citizens in Banks Commission County
$ 15,000
Banks County Board of Education
Purchase band uniforms for the Banks County High School
$ 30,000
Bartow County
Provide funding for programs and initiatives at Bartow Collaborative, Inc. in Bartow County
$
13,000
Bartow County Purchase equipment for Bartow County Fire Department $ 13,000
Bartow County Improvements to Stilesboro Academy for the Bartow Commission County Commission
$
4,000
Berrien County Permanently mounted bleachers for Berrien County Recreation Complex
$ 20,000
WEDNESDAY, APRIL 10, 2002
3541
Bibb County
Contract for services with The Mentors Project of Bibb County, Inc.
$
10,000
Bibb County
Contract for services with Macon/Bibb County Health Department for HIV/AIDS education and prevention
$
15,000
Bibb County
Improvements to three regional co-ed soccer fields in Bibb County
$ 25,000
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
Bibb County
Contract for services with the Middle Georgia Council on Drugs in Bibb County
$
20,000
Bibb County General operation of The Hay House in Bibb County $ 50,000
Bibb County
Contract for services with the Ruth Mosely Center in Bibb County
$ 50,000
Bibb County
Funding for Kings Park Literacy program in Bibb County
$ 5,000
Bibb County Board of Education
Enhancements for school band and fine arts program at
Central High in Bibb County
$ 25,000
Bibb County Courts
Contract for services with Macon/Bibb County Teen Court, Inc.
$ 10,000
Bleckley County Athletic improvements for Bleckley County High School
Board of
$
Education
10,000
3542
JOURNAL OF THE HOUSE
Bleckley County Bleckley County Development Authority Construction
Development Project
$
Authority
25,000
Bleckley County Provide funding for records management software in Bleckley County
$ 25,000
Brantley County Contract for services with Brantley County Historical Society for operation of library/museum
$
5,000
Brantley County Purchase of uniforms and equipment for the Brantley
Board of
County High School
$
Education
5,000
Brantley County Brantley County Intergovernmental Relations Office $ 5,000
Brantley County Brantley County travel expense fund
$ 5,000
Brooks County Bridges of Hope in Brooks County
$ 10,000
Brooks County Purchase technology lab equipment for Brooks County
Board of
High School
$
Education
30,000
Bryan County Flooring for the Pembroke Public Library in Bryan County
$ 5,000
Bulloch County Development and construction of athletic fields in
Board of
Bulloch County
Education
$ 10,000
Bulloch County Development of nature trails and elevated boardwalks at
Board of
Mill Creek Regional Park in Bulloch County
$
Education
10,000
Bulloch County Resurface asphalt track at Southeast Bulloch High School in Bulloch County
$ 10,000
WEDNESDAY, APRIL 10, 2002
3543
Burke County Contract for services with CSRA-EOA/Burke County $ Head Start for Reading Readiness Program and children's library in Burke County
5,000
Candler County Implement 911 emergency system in Candler County $ 25,000
Carroll County Establish a symphony orchestra in Carroll County
$ 25,000
Carroll County Remodeling, expanding and upgrading the Carroll County Agriculture Education Center
$ 20,000
Carroll County Outdoor lighting system for Bowdon High School in
Board of
Carroll County
Education
$ 56,600
Charlton County Purchase recreation equipment for Charlton County
$ 5,000
Chatham County Contract for services with the Community Cardiovascular Council, Inc. in Chatham County
$ 10,000
Chatham County Expand the kitchen for the Meals on Wheels Program at Senior Citizens, Inc. of Savannah in Chatham County
$
50,000
Chatham County Provide for Head Start Program classroom for the City of Savannah
$
10,000
Chatham County Restoration and repair of the Greenbriar Children's Center, Inc. in Chatham County
$ 35,000
Chatham County Implementation of the Food and Butter Caf for Second Harvest Food Bank of Georgia in Chatham County
$
25,000
Chatham County Contract for services with Coastal Association of Retarded Citizens in Chatham County
$ 20,000
Chatham County Contract for services with the Community Cardiovascular Council, Inc. in Chatham County
$ 25,000
3544
JOURNAL OF THE HOUSE
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
Chatham County Construction of monument to the African-American heritage in Chatham County
$ 20,000
Chatham County Enrich and enhance instructional programs at the Massie
Board of
School in the City of Savannah
$
Education
15,000
Chatham County Provide funding for the Chatham/Effingham Library in Chatham County
$
23,740
Chatham County Westside Community Center in Chatham County Commission
$ 100,000
Chattahoochee County Board Of Education
Purchase furniture, equipment and supplies for Chattahoochee County Board Of Education
$ 25,000
Chattahoochee County Commission
Preservation of an authentic Confederate uniform in Chattahoochee County
$ 25,000
Chattahoochee County Commission
Construct city/county park walking trail and improvements in Chattahoochee County
$ 7,500
Chattooga County
Repair and renovate Chattooga County Government Buildings, Chattooga County Library and Chattooga County Civic Center
$ 12,500
Chattooga County
Contract for services with The Children's Advocacy Center of Lookout Mountain Judicial Circuit in Walker $ County
10,000
WEDNESDAY, APRIL 10, 2002
3545
Cherokee County Library materials and expenses for Cherokee County $ 50,000
City of Abbeville Upgrade wiring and plumbing in an old lunchroom building used by the Arts Council in Wilcox County
$ 10,000
City of Acworth Renovations of Historic House at Logan Park Horse Farm in the City of Acworth
$
5,000
City of Adairsville
Purchase a garbage truck for the City of Adairsville
$ 30,000
City of Alamo Purchase of a sewer jet machine for the City of Alamo $ 10,000
City of Alamo Fire station construction in City of Alamo
$ 20,000
City of Albany
Funding for HAVN local nonprofit organization in the City of Albany
$
3,000
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 Union Outreach Mission for health care for underprivileged in the City of Albany
$
15,000
City of Albany
Contract for services with Slater King Adult Day Care in the City of Albany
$
20,000
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 Provide university program speakers at Albany State University
$
7,500
City of Albany
Roof replacement for the Thronateeska Heritage Center in the City of Albany
$
15,000
City of Alma
Improvement for Martin Luther King Park in the City of Alma
$
10,000
3546
JOURNAL OF THE HOUSE
City of Ambrose Purchase playground equipment for park in the City of $ 10,000 Ambrose
City of
Repair drainage problems at Pioneer Farm tourist
Andersonville attraction in the City of Andersonville
$ 20,000
City of Arabi
Maintenance and repairs for community service projects in the City of Arabi
$
12,000
City of Aragon Recreation improvements for the City of Aragon
$ 25,000
City of Arlington Build a city/county volunteer firehouse in the City of Arlington
$
7,000
City of Ashburn Purchase playground equipment for recreation area in West Ashburn in the City of Ashburn
$
15,000
City of Athens Economic revitalization and direct public/private partnership initiatives in the City of Athens
$ 10,000
City of Athens
Contract with Creative Visions for Saturday enrichment programs in City of Athens
$
10,000
City of Atlanta
Funds to feed and shelter homeless at Jericho Rd Project in the City of Atlanta
$
15,000
City of Atlanta Contract for services with Southwest YMCA for the Brother to Brother and Sisters Only program in City of $ Atlanta
50,000
City of Atlanta Develop Total Wellness Program at Vine City Health and Housing Ministry in the City of Atlanta
$
15,000
City of Atlanta
Contract with Pittsburg Community Improvement Assn. for housing improvement and economic development in $ the City of Atlanta
30,000
City of Atlanta Board of Education
After-school program at Joe E. Brown Middle School in
the City of Atlanta
$
20,000
WEDNESDAY, APRIL 10, 2002
3547
City of Atlanta
Renovation of the Active Oval in Piedmont Park in the City of Atlanta
$
20,000
City of Atlanta
Provide for revitalization of Reynoldstown Community in the City of Atlanta
$
15,000
City of Atlanta Purchase vehicle to transport program recipients for Antioch Urban Ministries in the City of Atlanta
$ 20,000
City of Atlanta Contract for services with Senior Citizens Services Center for adult day care in the City of Atlanta
$ 52,500
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 Atlanta
Contract for services with the Georgia Citizen Coalition on Hunger in the City of Atlanta
$
25,000
City of Atlanta
Contract for services with Trinity House for services to homeless men in the City of Atlanta
$
25,000
City of Atlanta
Fund a littoral shelf for the lake at Piedmont Park in the City of Atlanta
$
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
City of Atlanta Contract for services with David T. Howard National
Alumni Assn. for substance abuse program in "Old
$ 25,000
Fourth Ward" in the City of Atlanta
City of Atlanta Contract for services with Cascade Job Training Initiative in the City of Atlanta
$ 15,000
City of Atlanta
Contract for services with Community Care, Inc. for social service programs to children and youth in the City $ of Atlanta
30,000
3548
JOURNAL OF THE HOUSE
City of Atlanta Purchase workshop materials, transportation and personnel for Nonprofits, Inc. in the City of Atlanta
$ 25,000
City of Atlanta
Purchase materials at A. D. Williams Elementary School for the City of Atlanta
$
1,000
City of Atlanta Purchase materials for Alfred Blalock Elementary School in the City of Atlanta
$ 1,000
City of Atlanta
Purchase materials at Peyton Forest Elementary School for the City of Atlanta
$
1,100
City of Atlanta
Purchase materials at Jean Childs Young Middle School in the City of Atlanta
$
1,500
City of Atlanta
Purchase materials at Margaret Fain Elementary School for the City of Atlanta
$
1,000
City of Atlanta
Purchase materials at Frederick Douglass High School for the City of Atlanta
$
10,000
City of Atlanta Funds for materials at D. M. Therrell High School for the City of Atlanta
$
4,000
City of Atlanta Purchase materials at Henry McNeal Turner Middle School for the City of Atlanta
$
2,500
City of Atlanta
Purchase materials at Fickett Elementary School for the City of Atlanta
$
1,000
City of Atlanta Purchase materials at Leonora P. Miles Elementary School for the City of Atlanta
$ 1,000
City of Atlanta Purchase materials for Collier Heights Elementary School in the City of Atlanta
$ 1,200
City of Atlanta
After-school and weekend program for at-risk children in the City of Atlanta
$
10,000
WEDNESDAY, APRIL 10, 2002
3549
City of Atlanta Funding for materials at L. O. Kimberly Elementary School for the City of Atlanta
$
1,000
City of Atlanta Provide funding for Chess Club Program at George A.
Board of
Townes Elementary School for the City of Atlanta
$
Education
1,100
City of Atlanta
Funding for the purchase of materials at Beecher Hills Elementary School for the City of Atlanta
$
1,000
City of Atlanta
Purchase materials at West Fulton Middle School for the City of Atlanta
$
1,500
City of Atlanta
Funding for materials at Harper-Archer High School in the City of Atlanta
$
3,000
City of Atlanta
Funding for activities at Adamsville Elementary School in the City of Atlanta
$
1,500
City of Atlanta
Purchase materials for Grove Park Elementary School in the City of Atlanta
$
1,200
City of Atlanta
Purchase materials at F. L. Stanton Elementary School for the City of Atlanta
$
1,200
City of Atlanta
Purchase materials and supplies for Southside Cultural Awareness for the City of Atlanta
$
6,000
City of Atlanta Funding for materials and supplies at the Cascade Leadership Institute in the City of Atlanta
$ 20,000
City of Atlanta
Purchase materials at Anderson Park Elementary School for the City of Atlanta
$
1,500
City of Atlanta Purchase materials at Morris Brandon Elementary School for the City of Atlanta
$ 1,000
3550
JOURNAL OF THE HOUSE
City of Atlanta Renovation of apartment building at Morris Brown College in the City of Atlanta
$ 125,000
City of Atlanta Purchase materials at Margaret Mitchell Elementary School for the City of Atlanta
$
1,000
City of Atlanta Public Schools
Upgrade playground equipment and drainage problem at Mary Lin Elementary School in the City of Atlanta
$
30,000
City of Atlanta
Funding for materials at Carter G. Woodson Elementary School for the City of Atlanta
$
1,000
City of Atlanta Purchase materials at Clara Maxwell Pitts Elementary School for the City of Atlanta
$
1,000
City of Atlanta
Funding for materials at Benjamin E. Mays High School for the City of Atlanta
$
4,000
City of Atlanta Funding for study of tourism in the City of Atlanta
$ 20,000
City of Atlanta Purchase materials at West Manor Elementary School for the City of Atlanta
$
1,000
City of Atlanta
Funding for materials at Oglethorpe Elementary School for the City of Atlanta
$
1,500
City of Atlanta
Funding for materials at Continental Colony Elementary School for the City of Atlanta
$
1,000
City of Atlanta
Construction of the Progressive Hope House in the City of Atlanta
$
25,000
City of Atlanta Funding for materials at William J. Scott Elementary School for the City of Atlanta
$
1,000
City of Atlanta Improvements to Iverson Park in the City of Atlanta $ 15,000
WEDNESDAY, APRIL 10, 2002
3551
City of Atlanta
Funding for materials at Warren T. Jackson Elementary School for the City of Atlanta
$
1,000
City of Atlanta Purchase materials at Walter F. White Elementary School for the City of Atlanta
$ 1,000
City of Atlanta
Repair patient elevator at Southwest Hospital in the City of Atlanta
$
150,000
City of Atlanta
Purchase materials at Bazoline E.Usher Middle School in the City of Atlanta
$
2,500
City of Atlanta Support Metro Atlanta and statewide arts programming $ 15,000
City of Atlanta Renovate Candler Park bathhouse in the City of Atlanta $ 50,000
City of Atlanta
Simpson Road House of Hope for contractual services in the City of Atlanta
$
28,000
City of Atlanta
Plant trees and cleanup graffiti in the Old Fourth Ward Neighborhood in the City of Atlanta
$
4,800
City of Atlanta Clark Atlanta University Youth Music in the City of Atlanta
$ 15,000
City of Atlanta
Contract for services with West Fulton Family Support Center in the City of Atlanta
$
10,000
City of Atlanta Bureau of Cultural Affairs for after-school cultural program in the City of Atlanta
$ 25,000
City of Atlanta Aid in renovation of Slaton Elementary School in the City of Atlanta
$
4,500
City of Atlanta- Contract for services with Cascade United Methodist
DCA
Community Outreach Program in the City of Atlanta
$ 50,000
3552
JOURNAL OF THE HOUSE
City of Augusta
Expansion of Shirley Badke Retreat for families of burn patients in the City of Augusta
$
10,000
City of Austell Funds for roof repairs for Austell City Hall
$ 25,000
City of Austell Replace existing roof on Austell City Hall
$ 25,000
City of Avera Equipment purchases for the City of Avera
$ 6,000
City of Avondale Improvements at Lake Avondale and construction of
Estates
walkway over dam in the City of Avondale
$ 25,000
City of Baconton Purchase of benches and landscaping of grounds for historic Victorian home owned by the City of Baconton
$
7,500
City of Bainbridge
Construction of handicap accessible sidewalks in the City of Bainbridge
$ 10,000
City of Bainbridge
Purchase playground equipment for recreation program in the City of Bainbridge
$
15,000
City of Blackshear
Purchase equipment of Blackshear
for
multi-purpose
facility
in
the
City
$
5,000
City of Blairsville
Restoration of City Hall in the City of Blairsville
$ 10,000
City of Bloomingdale
Provide lighting for the Taylor Park baseball and softball fields in the City of Bloomingdale
$
25,000
City of Boston Fund the Streetscape Project in the City of Boston
$ 25,000
City of Braselton Homeland Security funds for the City of Braselton
$ 5,000
City of Bremen Funding for band and athletic facility improvements at the City of Bremen High School
$
13,000
WEDNESDAY, APRIL 10, 2002
3553
City of Bremen Recreation funds for the City of Bremen
$ 20,000
City of Brooks Recreation projects for the City of Brooks
$ 15,000
City of Broxton Funding for maintenance equipment for parks and streets in the City of Broxton
$ 15,000
City of Brunswick
Purchase a new snorkel for the City of Brunswick
$ 30,000
City of Brunswick
Fire department improvement and equipment for the City of Brunswick
$ 50,000
City of Buchanan
Contract services for City of Buchanan/Haralson County Library
$
50,000
City of Buchanan
Purchase equipment for the recreational department in the City of Buchanan
$
5,000
City of Buchanan
Recreation funds for the City of Buchanan
$ 20,000
City of Byron Repair old Byron gymnasium in the City of Byron
$ 20,000
City of Cairo
Replacement of marquis on Zebulon Theater in the City of Cairo
$
10,000
City of Cairo Operation of theater in the City of Cairo
$ 10,000
City of Camilla Welcome Center renovation for the City of Camilla
$ 15,000
City of Camilla Continued renovation of Historic Depot project for the City of Camilla
$
10,000
City of Canon
Renovation and equipment for the City of Canon City Hall
$
5,000
City of Cartersville
Funds to renovate baseball field and complex at the City of Cartersville High School
$
40,000
3554
JOURNAL OF THE HOUSE
City of Cave Spring
Maintenance,operations and renovation of Fannin Hall administration building for the Fannin Campus in the $ City of Cave Springs
30,000
City of Cedartown
Purchase lighting system for the City of Cedartown Civic Auditorium
$ 21,000
City of Cedartown
Purchase lighting for the Cedartown Auditorium
$ 25,000
City of Centerville
Renovation to the current police station in the City of Centerville
$
5,000
City of Chickamauga
Renovations to the downtown area of Chickamauga for a Beautification Project
$
15,000
City of Clarkston Contract for services with KHADIJALAND, Inc. for cultural exchange program in the City of Clarkston
$ 10,000
City of Clarkston Start up of a multi-cultural youth soccer league for the City of Clarkston
$
10,000
City of Clarkston Renovations to school in the City of Clarkston
$ 10,000
City of Clarkston Beautification project for the City of Clarkston
$ 10,000
City of Clayton Contract with Native American Warrior Society for aid to all disabled veterans and low income families in the $ City of Clayton
10,000
City of Cobbtown
Renovations and new equipment for city recreation park in the City of Cobbtown
$
5,000
City of Cochran Airport improvements in the City of Cochran
$ 10,000
City of Collins Purchase fire truck for the City of Collins
$ 10,000
WEDNESDAY, APRIL 10, 2002
3555
City of Colquitt Contract with Colquitt Miller Arts Council for cultural programs in City of Colquitt
$
25,000
City of Colquitt Complete renovation of tennis courts at recreational complex in the City of Colquitt
$ 20,000
City of Columbus
Fund personal development/career enhancement programs in the City of Columbus
$ 20,000
City of Columbus
Funding for community programs at South Westview Against Drugs in the City of Columbus
$
15,000
City of Columbus
Fund a non-profit educational and personal development program in the City of Columbus
$
40,000
City of Columbus
Funding for Community Alliance Organization which implements programs for the underprivileged in the City $ of Columbus
30,000
City of Columbus
Assist non-profit organization providing housing for low to moderate income families and individuals in the City $ of Columbus
47,000
City of Columbus
Establishment of City of Columbus community center resources
$
5,000
City of Commerce
Purchase surveillance system for the City of Commerce High School
$
15,000
City of Concord Install early weather warning system for the City of Concord
$ 12,000
City of Concord
Purchase Jaws of Concord
Life and 2 defibrillators
for the City of
$
15,000
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
3556
JOURNAL OF THE HOUSE
City of Covington
Purchase voice stress analyzer tester for the City of Covington Police Department
$ 10,000
City of Crawfordville
Renovation of city hall and welcome center in the City of Crawfordville
$
10,000
City of Dallas Improvements to park in the City of Dallas
$ 18,000
City of Dalton Funding for the North West Georgia Girl's Home operating expenses in the City of Dalton
$ 20,000
City of Darien
Contract for services with the Howard Genesis House,
Inc. for services to homeless women in the City of
$
Darien
20,000
City of Darien
Renovate the upper level of the City Hall building in the City of Darien
$
60,000
City of Dawson Computers and playground equipment for the City of Dawson
$ 10,000
City of Dawson Heating, air conditioning and rewiring of historic Carnegie Library in the City of Dawson
$ 10,000
City of Decatur
Recondition bicycles and build yellow bike stations for public use in City of Decatur
$
5,000
City of Doerun Purchase land for City of Doerun Fire Department
$ 10,000
City of Doerun Construction of a chain link fence around electric substation in the City of Doerun
$
7,500
City of
Sidewalk improvements in the City of Donalsonville
Donalsonville
$ 10,000
City of Douglas Purchase equipment for the City of Douglas Police Department
$ 3,000
WEDNESDAY, APRIL 10, 2002
3557
City of Douglas
Purchase portable speed detector for the City of Douglas Police Department
$
3,000
City of Dublin Operational funding for welcome center in City of Dublin
$ 5,000
City of Dublin
Stabilize the historic Fred Roberts Hotel building which house Laurens County Senior Center in City of Dublin
$
5,000
City of Dudley Volunteer fire department equipment for the City of Dudley
$ 5,000
City of Dudley Funding for centennial celebration in the City of Dudley $ 2,500
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
City of East Dublin
Four tennis courts at Warnock Park in City of East Dublin
$ 10,000
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 Eastman Building project for Eastman Developmental Authority $ 25,000
City of Eatonton Renovation of the historic Madison Avenue School in the City of Eatonton
$
15,000
City of Emerson Renovation of municipal building in the City of Emerson $ 28,000
City of Euharlee` Recreation and park improvements for the City of Euharlee
$ 20,000
City of Fairburn Purchase athletic equipment, uniforms and banquet trophies for the City of Fairburn
$ 25,000
3558
JOURNAL OF THE HOUSE
City of Fitzgerald
Construct a walking trail for senior citizens in the City of $ 10,000 Fitzgerald
City of Flemington
Construct sidewalks near Joseph Martin Elementary School in City of Flemington
$ 30,000
City of Flovilla Assist with cost of fence around City of Flovilla cemetery
$ 10,000
City of Flovilla Recreation park development for the City of Flovilla $ 5,000
City of Flovilla Provide fire and rescue equipment for City of Flovilla Fire Department
$
10,000
City of Folkston
Promote tourism and downtown of Folkston
revitalization in the City
$
5,000
City of Forest Park
Prepare a vehicle free pathway between the recreation center and the senior center in the City of Forest Park
$
25,000
City of Fort Valley
Refurbish old school bus for the Boys and Girls Club in City of Fort Valley
$
12,000
City of Fort Valley
Assist in the renovation of the old theater building in the City of Fort Valley
$
25,000
City of Fort Oglethorpe
Provide funding for renovations to historic band stand in the City of Fort Oglethorpe
$
15,000
City of Fort Valley
Community revitalization project for the City of Fort Valley
$ 12,000
City of Franklin Springs
Professional of Franklin
service to Springs
codify
City
ordinances
in
the
City
$
5,000
City of Gainesville
Improvements to athletic fields at Memorial Park Road campus of Boys and Girls Club of Gainesville
$
10,000
WEDNESDAY, APRIL 10, 2002
3559
City of Glennville
Purchase lights for softball field in City of Glennville $ 10,000
City of Glennville
Upgrade equipment and park areas for the City of Glennville Recreation Department
$ 3,000
City of Gordon
Construction and landscape of a city park in the Town of Gordon
$
5,000
City of Gough Contract with Gough Improvement Assn., Inc. for renovation of community center in City of Gough
$ 10,000
City of Greensboro
Contract for services with Greensboro Downtown Development in the City of Greensboro
$ 10,000
City of Guyton Fund restoration of recreation gym for the City of Guyton
$ 5,000
City of Guyton City of Guyton gym renovation to heating and air conditioning
$ 20,000
City of Hahira
Purchase of books and research resources for the Hahira Public Library in City of Hahira
$
5,000
City of Hampton Construction of softball field in the City of Hampton $ 15,000
City of Harlem Purchase equipment for the Harlem Volunteer Fire Department in the City of Harlem
$ 5,000
City of Hartwell Complete the Hartwell Conference Center for the City of
Recreation
Hartwell Recreation Department
$
Department
75,000
City of Hawkinsville
Maintenance and operation of the Opera House in City of Hawkinsville
$
10,000
City of Hawkinsville
Maintenance and operation of the M.E. Rhoden Library in the City of Hawkinsville
$
12,000
3560
JOURNAL OF THE HOUSE
City of Helena Provide handicapped access for railroad station in the City of Helena
$
10,000
City of Hinesville
Construct a new fire station in the City of Hinesville
$
9,000
City of Hinesville
Provide funding for the 11 Black Men of Liberty County educational programs for the City of Hinesville
$
10,000
City of Hinesville
Contract for services with Eleven Black Men of Liberty County, Inc. in the City of Hinesville
$
5,000
City of Hoboken Recreation park improvements for the City of Hoboken $ 5,000
City of Homeland
Improvements to City of Homeland recreation department walking track and ballfields
$ 5,000
City of Homerville
Expansion of softball field in City of Homerville
$ 10,000
City of Homerville
Restoration of the Homer Maddox home in the City of Homerville
$
30,000
City of Ideal Purchase new water well for the City of Ideal
$ 15,000
City of Jackson Purchase of fire and rescue equipment in the City of Jackson
$ 10,000
City of Jakin
Construct stage adjoining the gazebo in the Jakin Park in the City of Jakin
$
6,000
City of Jesup
Improvements to McMillan Greenway Park in the City of Jesup
$
5,000
City of Jonesboro
Provide for a family park and sidewalk construction in the City of Jonesboro
$
10,000
WEDNESDAY, APRIL 10, 2002
3561
City of Jonesboro
Provide for family park, walking track and restrooms in City of Jonesboro
$
15,000
City of Kennesaw
Construction of pedestrian crossing under CSX Railroad in the City of Kennesaw
$
5,000
City of Kennesaw
Funds for expansion of historic museum in the City of Kennesaw
$
35,000
City of Kennesaw
Parking improvements and installation of underground
utilities at Cauble/Acworth Beach in the City of
$
Kennesaw
10,000
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 Keysville Improvements to City of Keysville City Hall to make it handicapped accessible
$
15,000
City of Kingston
Improvements to City of Kingston
city
park,
recreation
and
museum
in
the
$
20,000
City of Kite
Improvements and equipment for recreation complex in the City of Kite
$
5,000
City of LaFayette Piping and grading for drainage in the City of LaFayette $ 15,000
City of LaFayette Historic Monument in the City of LaFayette
$ 15,000
City of Lake City Recreation enhancements in Lake City
$ 25,000
City of Lakeland Training equipment for the City of Lakeland
$ 8,000
City of Lakeland Creation of pedestrian bridge at Lake Erma in City of Lakeland
$
10,000
3562
JOURNAL OF THE HOUSE
City of Lavonia Purchase radio equipment for City of Lavonia Police Department
$ 12,000
City of Lavonia Lighting and fencing for the city park in City of Lavonia $ 20,000
City of Leary Purchase of playground equipment for the City of Leary $ 5,000
City of Leesburg Weather alert system for the City of Leesburg
$ 20,000
City of Lenox
Remodel restrooms of the RESA facility in the City of Lenox
$
15,000
City of Lilburn Preservation and improvement of the community's green space and downtown revitalization program in the City $ of Lilburn
10,000
City of Lithonia Restore or replace the recreational facilities at the existing city park in City of Lithonia
$ 5,000
City of Loganville
Main Street downtown sidewalk renovation project in the City of Loganville
$
5,000
City of Ludowici Purchase a police car for the city of Ludowici
$ 10,000
City of Lyons Paving for additional parking spaces at the Lyons Recreation Department in City of Lyons
$ 5,000
City of Macon Funds for walking trails, picnic areas at the Freedom Park Complex in the City of Macon
$ 25,000
City of Macon Provide funds for sterilization program at the City of Macon's Animal Shelter
$
5,000
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
WEDNESDAY, APRIL 10, 2002
3563
City of Macon Funding for the Bartlett Crossing Literacy and gang prevention program in the City of Macon
$ 5,000
City of Macon Provide funds for the Mosely Women's Center for operations in the City of Macon
$ 50,000
City of Macon Funding for the Tubman African American Museum expansion project in the City of Macon
$ 50,000
City of Macon
Provide funds for the Museum of Arts and Sciences in the City of Macon
$
50,000
City of Marietta Support "Gone with the Wind" Movie Memorabilia Museum in the City of Marietta
$ 10,000
City of Marietta Purchase and install security cameras in Marietta Middle
Board of
School
$
Education
20,000
City of McDonough
Purchase Breathing Air Compressor for City of McDonough Fire Department
$ 15,000
City of McRae
Purchase playground equipment for park in the City of McRae
$
15,000
City of Meansville
Construction of building to house fire truck for the City of Meansville
$
10,000
City of Meigs Construct a walking track in the City of Meigs
$ 10,800
City of Menlo
Improvements to sidewalks, streets, and park in City of Menlo
$
20,000
City of Metter Implementation of 911 service in the City of Metter/Candler County
$ 10,000
City of Midville Move building, remodeling and rent for Midville Community Development Outreach in City of Midville
$
10,000
3564
JOURNAL OF THE HOUSE
City of Milan Renovations to City of Milan Community Center
$ 10,000
City of Milledgeville
Funding for the Baldwin/Oconee River Greenway Project in the City of Milledgeville
$ 10,000
City of Milledgeville
Purchase Case 590 backhoe for the City of Milledgeville $ 30,000
City of Milledgeville
Purchase generator for the City of Milledgeville
$ 30,000
City of Milledgeville
Funding to automate meter reading system in the City of Milledgeville
$
8,000
City of Milledgeville
Funds for programs Milledgeville
at Boys and Girls Club in the City of
$
6,000
City of Milledgeville
Purchase chemical protective suits for the City of Milledgeville Fire Department
$ 11,000
City of Mitchell Funds to complete City of Mitchell Depot Restoration Project
$
20,000
City of Montezuma
Assist in reroofing Montezuma City Hall
$ 20,000
City of Montezuma
Replace roof of Montezuma City Hall
$ 40,000
City of Monticello
Provide partial funding for playground equipment at Funderburg Park in the City of Monticello
$
8,000
City of Monticello
Funding for the City of Monticello's Funderburg Park Project
$
8,000
City of Montrose Purchase equipment for the volunteer fire department in the City of Montrose
$
5,000
WEDNESDAY, APRIL 10, 2002
3565
City of Morgan Provide funding for park restroom facilities in the City of Morgan
$
5,000
City of Mount Vernon
Central heating and air conditioning for the Northside Community Center project in the City of Mount Vernon
$
5,000
City of Nahunta
Construction improvement and equipment at City the City of Nahunta
Hall in
$
10,000
City of Nashville
Completion of phase 2 universally accessible playground in the City of Nashville
$
20,000
City of Newnan Purchase of hazardous material equipment for City of Newnan Fire Department
$
5,000
City of Newnan City of Newnan Downtown Economic Development Project
$ 20,000
City of Newnan Achievers International Programs in the City of Newnan $ 20,000
City of Norman Purchase police department K-9 vehicle for the City of
Park
Norman Park
$
10,000
City of Norman Replace tanker truck tank for the Norman Park
Park
Volunteer Fire Department in the City of Norman Park
$
10,000
City of Ocilla
Repair poor acoustics in the Community House at the City of Ocilla
$
10,000
City of Odum Purchase equipment for the City of Odum
$ 5,000
City of Oxford Enhancement of city park adjacent to City Hall in the City of Oxford
$
6,000
City of Palmetto Provide recreation equipment for the City of Palmetto $ 10,000
City of Patterson Funds to pay for clean up of hazardous spill in City of Patterson
$
10,000
3566
JOURNAL OF THE HOUSE
City of Patterson Purchase office equipment for the City of Patterson
$ 5,000
City of Pearson
Safety and facility enhancement for sports/recreation in City of Pearson
$
12,000
City of Pearson
Purchase street and road maintenance equipment for the City of Pearson
$
5,000
City of Pelham
Purchase of van for first respondent fire fighters in City of Pelham
$
15,000
City of Pembroke Provide funding for old jail restoration in the City of Pembroke
$ 10,000
City of Pembroke Old Jail Welcome Center restoration in the City of Pembroke
$ 10,000
City of Pembroke Restore the interior of the historic downtown theater in the City of Pembroke
$
10,000
City of Perry
Provide funds to Upton Perry Partnership for the Big Indian Creek Development in the City of Perry
$ 50,000
City of Perry
Replacement and installation of ballfield lighting at Rozar Park in the City of Perry
$ 50,000
City of Pine Lake
Repairs to City Hall and paving of parking lot in the City of Pine Lake
$
20,000
City of Pine Lake Purchase maintenance equipment for the City of Pine Lake
$
15,000
City of Pine Lake Purchase equipment,software and provide training for GCIC compliance in the City of Pine Lake
$
15,000
City of Pinehurst Purchase a maintenance truck for the City of Pinehurst $ 15,000
WEDNESDAY, APRIL 10, 2002
3567
City of Pineview Purchase water tank, pump house and a building for the City of Pineview Fire Department
$
10,000
City of Pitts
Repair of gymnasium floor in recreation complex in the City of Pitts
$
10,000
City of Plains Repairs to City of Plains wastewater treatment plan
$ 30,000
City of Plains Refurbishment of railcar for the City of Plains
$ 15,000
City of Portal
Purchase and renovate community center for City of Portal
$ 10,000
City of Poulan Purchase fire and safety equipment for the City of Poulan
$ 5,000
City of Quitman New gym floor for the City of Quitman Recreation Department
$ 15,000
City of Quitman Athletic equipment for the City of Quitman Recreation Department
$
10,000
City of Reidsville Purchase fire truck for City of Reidsville
$ 10,000
City of Reidsville Plan and upgrade airport facilities in City of Reidsville $ 25,000
City of Richland Provide funding for the downtown Street Scape Project for the City of Richland
$
20,000
City of Richland
Renovations of Scape Project
downtown
City
of
Richland
for
the
Street
$
10,000
City of Riverdale Funds to purchase playground equipment in the City of Riverdale
$
10,000
City of Rochelle Removal of abandoned hazardous tank located in the center of the City of Rochelle
$ 10,000
3568
JOURNAL OF THE HOUSE
City of Rochelle Purchase van for senior citizen center in the City of Rochelle
$ 20,000
City of Rockmart Purchase equipment for the City of Rockmart Civic Auditorium
$ 5,000
City of Rockmart Improvements to the little league field and equipment in the City of Rockmart
$
25,000
City of Rockmart Purchase equipment for the City of Rockmart Fire Department
$ 10,000
City of Rome Funding for sewer installation in the City of Rome
$ 15,000
City of Rome Repairs to Rome Little Theater in the City of Rome
$ 15,000
City of Rome
Purchase a handicap van for the Network Day Service Center in the City of Rome
$
20,000
City of Rome
Restoration funds for the Historic Clock and Tower in the City of Rome
$
20,000
City of Rome
Contract for services with National Creative Society for children's service programs in City of Rome
$
20,000
City of Rome
Funds for after-school mentoring program for 100 Black Men of Rome
$
10,000
City of Rossville Downtown development in the City of Rossville
$ 15,000
City of Sale City Purchase required computer software for the uniform chart of accounts for Sale City
$
6,750
City of Sandersville
Funding for improvements to the City of Sandersville Recreation Department
$
10,000
City of Sardis Purchase surveillance cameras for the City of Sardis Police Department
$
5,000
WEDNESDAY, APRIL 10, 2002
3569
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 Savannah Recreational/neighborhood improvements for the East
Savannah Community Association in the City of
$
Savannah
5,000
City of Savannah Recreational/neighborhood improvements for Midtown Neighborhood Association in the City of Savannah
$
10,000
City of Savannah Recreational/neighborhood improvements for Nottingham Park Community Association in the City of $ Savannah
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
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 Savannah Provide funds for the Community Change for Youth Development (CCYD) program in the City of Savannah
$
54,480
City of Savannah Renovation and construction of residential cottages at Greenbriar Children's Center in the City of Savannah
$
40,000
City of Savannah Renovations to the drivers' license facility in the City of Savannah
$
270,000
City of Savannah Savannah Association for the Blind
$ 20,000
City of Screven Equipment purchase for the City of Screven
$ 5,000
City of Shellman Renovation to the health clinic in the City of Shellman $ 10,000
City of Smyrna Complete Veterans' Memorial in the City of Smyrna $ 35,000
3570
JOURNAL OF THE HOUSE
City of Social Refurbish concession stand building and pavilion at
Circle
Stephens Park in the City of Social Circle
$ 5,000
City of Soperton Provide funding for construction of commuter parking lot in the City of Soperton
$
15,000
City of Soperton Renovation of recreation park facilities in the City of Soperton
$ 15,000
City of Stillmore Beautification project in the City of Stillmore
$ 2,500
City of Stockbridge
Park improvements in the City of Stockbridge
$ 40,000
City of Stone Mountain
ART Station program in the City of Stone Mountain
$ 25,000
City of Stone Mountain
Purchase equipment and software for the City of Stone Mountain
$
25,000
City of Stone Mountain
Contract for services with ART Station, Inc. in the City of Stone Mountain for facility renovation
$
10,000
City of Summerville
Purchase of AED for the City of Summerville Fire Department
$ 3,500
City of Swainsboro
Downtown development for the City of Swainsboro
$ 20,000
City of Swainsboro
Renovations to City of Swainsboro City Hall
$ 10,000
City of Swainsboro
Repairs, renovations and equipment for Emanuel County Arts Center in the City of Swainsboro
$
5,000
City of Swainsboro
Improvements to recreation complex in City of Swainsboro
$ 15,000
WEDNESDAY, APRIL 10, 2002
3571
City of Swainsboro
Repairs, renovations and supplies for animal shelter in City of Swainsboro
$
5,000
City of Sycamore Improve lots and deteriorating buildings in the City of Sycamore
$
10,000
City of Sylvania Renovation of community center for the City of Sylvania $ 10,000
City of Sylvania Repair to community center in the City of Sylvania
$ 35,000
City of Sylvester Renovation and improvements to Jeffords Park in the City of Sylvester
$
10,000
City of Talbotton Smith Hill Community Improvement Project and realignment of Smith Hill Road/Highway 80 intersection in the City of Talbotton
$ 10,000
City of Talbotton Landscaping and park equipment for Kiddie Park in the City of Talbotton
$
5,000
City of Tallapoosa
Recreation funds for the City of Tallapoosa
$ 20,000
City of Tallapoosa
Purchase equipment for Haralson County Historical Museum in the City of Tallapoosa
$ 5,000
City of Tallapoosa
Funds to construct a flag pole at the Scout House in the City of Tallapoosa
$
2,000
City of Tallulah Repair and correct water lines in the City of Tallulah
Falls
Falls
$ 10,000
City of Temple Recreation department projects for the City of Temple $ 10,000
City of Tennille
Funding for improvements to recreation facilities in the City of Tennille
$
10,000
City of Tennille Equipment purchase for the City of Tennille
$ 5,000
3572
JOURNAL OF THE HOUSE
City of Thunderbolt
Purchase First Response Vehicle for the Medical Emergency Program for the City of Thunderbolt Fire Department
$ 20,000
City of Thunderbolt
Contract for services with the Thunderbolt Museum Society in the City of Thunderbolt
$ 10,000
City of Tifton Construction of water line in the City of Tifton
$ 15,000
City of Tifton Repairs, improvements and equipment for historic downtown Tift Theater in City of Tifton
$ 5,000
City of Tifton Utility project for the City of Tifton
$ 36,000
City of Twin City
Purchase of equipment for fire department in the City of Twin City
$
10,000
City of Ty Ty Improvements to central city park area in the City of TyTy
$
5,000
City of Tybee Island
Construction of a pedestrian park in the City of Tybee Island
$
35,000
City of Tybee Tybee Island Recreation Feasibility Study Island
$ 25,000
City of Unadilla Renovation of old city buildings on Front Street in downtown City of Unadilla
$ 15,000
City of Valdosta Maintenance and repairs for Valdosta/Lowndes County Arts Commission
$
5,000
City of Valdosta Repairs to Lowndes County Historical Society
$ 3,000
City of Valdosta
Purchase furniture, equipment Library in Valdosta
and
supplies
for
Southside
$
5,000
City of Valdosta Contract for services with the Valdosta Food Bank
$ 10,000
WEDNESDAY, APRIL 10, 2002
3573
City of Valdosta Contract with Valdosta Boys and Girls Club for after school programs in the City of Valdosta
$
5,000
City of Valdosta Community Based Children's Advocacy Center in the City of Valdosta
$
10,000
City of Valdosta Contract with LAMP, Inc. to provide transitional housing program for women and children in the City of $ Valdosta
5,000
City of Valdosta Renovation to City of Valdosta's Oldest House, the Robert House
$ 15,000
City of Valdosta Purchase books and equipment for the South Georgia Regional Library in the City of Valdosta
$
20,000
City of Vidalia
Improvements to walking trail at the Ed Smith Complex in Vidalia County
$
5,000
City of Villa Rica
Recreation department projects for the City of Villa Rica $ 10,000
City of Wadley Equipment purchase for the City of Wadley Volunteer Fire Department
$
5,000
City of Wadley Purchase truck and equipment for the City of Wadley $ 10,000
City of Wadley Purchase a trash truck for the City of Wadley
$ 4,000
City of
Purchase supplies for the Walthourville Summer
Walthourville Enrichment Program in the City of Walthourville
$ 7,300
City of Warner Operation of the Air Force Museum in the City of
Robins
Warner Robins
$ 90,000
City of Warwick Purchase radio and law enforcement equipment for police vehicles for the City of Warwick
$ 5,000
3574
JOURNAL OF THE HOUSE
City of Washington
Audio/visual equipment for Washington/Wilkes Family Connection
$
10,000
City of Watkinsville
Landscape the Hershel B. Harris Garden and Harris Shoals Park in the City of Watkinsville
$ 5,000
City of Waycross Renovations and restoration to the Ritz Theater in the City of Waycross
$
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 Waynesboro
Replace and purchase new playground equipment, computer and educational materials for the Childcare $ Center in City of Waynesboro
5,000
City of Willacoochee
Purchase playground equipment for the city Kiddie Park in the City of Willacoochee
$
10,000
City of Woodland
Safety improvements to City Park in the City of Woodland
$ 10,000
City of Wrightsville
Improvements to West View Cemetery in the City of Wrightsville
$ 10,000
City of Wrightsville
Purchase equipment for fire department in the City of Wrightsville
$
15,000
City Of Cave Springs
Funding for street and sewer construction in the City of Cave Springs
$
15,000
City Of White
Purchase volunteer fire department supplies for the City of White
$
9,000
Clark County Northeast Georgia Regional Center for Independent Living in Clark County
$ 107,540
WEDNESDAY, APRIL 10, 2002
3575
Clay County
Planning, mapping, addressing, and implementing of enhanced 911 system in Clay County
$ 15,000
Clayton County Athletic equipment, fine arts program and band
Board of
programs for North Clayton High in Clayton County $ 5,000
Education
Clayton County Athletic equipment, fine arts program and band
Board of
programs for Church St Elementary in Clayton County $
Education
5,000
Clayton County Athletic equipment, fine arts program and band
Board of
programs for Oliver Elementary in Clayton County
Education
$ 5,000
Clayton County Athletic equipment, fine arts program and band
Board of
programs for Northcutt Elementary School in Clayton $
Education
County
5,000
Clayton County Athletic equipment, fine arts program and band
Board of
programs for North Clayton Middle School in Clayton $
Education
County
5,000
Clayton County Athletic equipment, fine arts program and band
Board of
programs for West Clayton Elementary School in
Education
Clayton County
$ 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
Clayton County Support resources for the school operation for M.D.
Board of
Roberts PTA in Clayton County
Education
$ 4,000
3576
JOURNAL OF THE HOUSE
Clayton County Support school operations resources for Jonesboro High $
Board of
School PTA 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 PTA in Clayton County
$
Education
1,000
Clayton County Support school operation resources for Adamson Middle
Board of
School PTA in Clayton County
$
Education
1,000
Clayton County Support school operation resources for the Jonesboro
Board of
Middle School PTA in Clayton County
$
Education
1,000
Clayton County Enhancements for Jesters Creek Trail in Clayton County $ 25,000
Clayton County Park enhancements in East Clayton County
$ 25,000
Clayton County Support operation resources for Morrow High School in
Board of
Clayton County
$
Education
1,000
Clayton County Technology improvements for Carrie D. Kendrick
Board of
Middle School in Clayton County
Education
$ 5,000
Clayton County Purchase books and technology for Pointe South
Board of
Elementary in Clayton County
Education
$ 5,000
WEDNESDAY, APRIL 10, 2002
3577
Clayton County Purchase 15 passenger van for Rainbow House Emergency Shelter in Clayton County
$ 10,000
Clayton County Purchase training tools, safety and office equipment for the Forest Park Athletic Assn. in Clayton County
$
10,000
Clayton County
Operating funds and HUD match for Calvary Refuge in Clayton County
$
30,000
Clayton County Purchase software and peripherals for the Riverdale
Board of
Elementary School in Clayton County
Education
$ 5,000
Clayton County Replace playground equipment at Brown Elementary
Board of
School in Clayton County
Education
$ 10,000
Clayton County Weight room modifications and weight room equipment
Board of
at Lovejoy High School in Clayton County
$
Education
10,000
Clayton County Support school operation resources for Mt. Zion
Board of
Elementary PTA in Clayton County
Education
$ 1,000
Clayton County Provide a food pantry and help center through the Clayton County Commission
$ 10,000
Clayton County Provide for computer and research equipment for Evening High School in Clayton County
$ 10,000
Clayton County Repairs and Renovations of the Clayton County
Board of
Alzheimer Center
Commissioners
$ 25,000
Clayton County Funds for a study on the use of the Atlanta Farmer's Commission Market and how it should be developed in future years in $
Clayton County
25,000
3578
JOURNAL OF THE HOUSE
Clayton County Repairs and renovation of athletic fields at Forest Park
Board of
High School in Clayton County
$
Education
20,000
Clayton County Funds to continue program goals for the Youth
Board of
Empowerment Project in Clayton County
Commissioners
$ 25,000
Clayton County
Funds for computer and research equipment for Morrow High School in Clayton County
$
10,000
Clayton County Purchase computer and research equipment for North Clayton High School in Clayton County
$
10,000
Clayton County
Funds for computer and research equipment for Mt. Zion High School in Clayton County
$
10,000
Clayton County Provide for an after-school intervention program in Clayton County
$ 10,000
Clayton County Funds for computer equipment for Jonesboro High School in Clayton County
$ 10,000
Clayton County
Funds for computer and research equipment for Lovejoy High School in Clayton County
$
10,000
Clayton County Provide for computer and research equipment for Riverdale High School in Clayton County
$ 10,000
Clayton County Funds for computer and research equipment for Forest Park High School in Clayton County
$
10,000
Clayton County Purchase band uniforms for Mundy's Mill High School
Board of
for Clayton County Board of Education
$
Education
20,000
WEDNESDAY, APRIL 10, 2002
3579
Clayton County Purchase computer software for Clayton County Voter
Voter
Registration Office
$
Registration
18,700
Clinch County
Purchase computer and research resources for Huxford Genealogical Library in Clinch County
$
15,000
Cobb County
Install handicap ramps and handicap restroom upgrades for South Cobb Community Center in Cobb County
$
16,500
Cobb County
Purchase of playground equipment for Young Family Community Resource Center in Cobb County
$ 15,000
Cobb County
Purchase of medical supplies for Smyrna Community Health Center in Cobb County
$ 12,000
Cobb County
Funding for materials at Nickajack Elementary School in Cobb County
$
1,000
Cobb County
Funding for student uniforms at Pebblebrook High School in Cobb County
$ 6,000
Cobb County
Funding for materials at Lindley Middle School in Cobb County
$
2,000
Cobb County
Construct a storage facility, batting cage and dugouts at Harrison High School in Cobb County
$
14,500
Cobb County
Construct facility for fast pitch program at Walton High School in the City of Marietta
$
50,000
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
Cobb County Board of Education
Fund position for bi-lingual family services coordinator
at Birney Elementary School in Cobb County
$
5,000
3580
JOURNAL OF THE HOUSE
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Computers and books needed for technology media center at Campbell High School in Cobb County
$ 5,000
Purchase two copiers and to complete a playground for
the Brown Elementary School in Cobb County
$
5,000
Purchase computers, physical ed equipment and provide summer programs at Griffin Middle School in Cobb $ County
Laptop computers and books for the media center at
Norton Park Elementary in Cobb County
$
5,000 5,000
Purchase books and materials for bookmobile for Belmont Elementary School in Cobb County
$ 5,000
Purchase computers and printers at Nickajack Elementary in Cobb County
$ 5,000
Provide for computer software and training in Cobb County for Cobb County Board of Education
$ 6,488
ESOL materials and tech support staff member for Floyd
Middle School in Cobb County
$
5,000
Purchase and installation of 15 desktop computers for
Campbell Middle School in Cobb County
$ 10,000
Purchase of lockers for the football field house at Kell
High School in Cobb County
$ 10,000
WEDNESDAY, APRIL 10, 2002
3581
Cobb County Board of Education
Purchase and install security system at Campbell High
School for Cobb County Board of Education
$ 20,000
Coffee County Assist in equipment for Wilsonville Volunteer Fire Commissioners District station in Coffee County
$ 10,000
Coffee County Highway 441 Economic Development Council, Incorporated
$ 60,000
Coffee County Construct volunteer fire station for the Wilsonville Commissioners community in Coffee County
$ 10,000
Coffee County
Purchase playground equipment for Nicholls Elementary School in Coffee County
$
15,000
Coffee County Board of Education
Purchase of mats and weights for Coffee Middle School
in Coffee Board Of Education
$
10,000
Colquitt County Improvements in the Culbertson Community Volunteer Fire Department in Colquitt County
$
10,000
Columbia Board Athletic Improvements for Evans High School in of Education Columbia County
$ 10,000
Columbia Board of Education
Technology improvements for Blue Ridge Elementary in Columbia County
$
5,000
Columbia County
Field improvements for Martinez Evans Little League in Columbia County
$
10,000
Columbia
Outdoor classroom for the Westmont Elementary in
County Board of Columbia County
Education
$ 5,000
Columbia
Athletic Improvements for the Greenbriar High School
County Board of in Columbia County
$
Education
10,000
3582
JOURNAL OF THE HOUSE
Columbia
Athletic improvements for Lakeside High School in
County Board of Columbia County
Education
$ 10,000
Columbia County
Sheriff's Office Summer Camp program in Columbia County
$ 15,000
Columbia County
Refurbish the historical Crawford Cemetery in Columbia County
$
15,000
Columbus Consolidated Government
Funding for the Positive Parenting/Play and Learn Together Program/ Teenage Parenting Program in Columbus/Muscogee County
$ 10,000
Columbus Consolidated Government
Contract for services with Urban League of Greater Columbus for Youth Challenge Project
$ 20,000
Columbus Consolidated Government
Contract for services with Columbus Community Central
for outreach program in Columbus
$ 25,000
Columbus Consolidated Government
Contract for services with Port Columbus Civil War Navel in Columbus/Muscogee County
$ 100,000
Columbus Consolidated Government
Contract for services with the Boys and Girls Clubs of
Columbus for Columbus/Muscogee County
$ 120,000
Columbus Consolidated Government
Contract for services with Metropolitan Columbus Task
Force for Columbus/Muscogee County
$ 20,000
Columbus Consolidated Government
Contract for services with Combined Communities of S.E. Columbus for tutorial program for at-risk youth $ 20,000
WEDNESDAY, APRIL 10, 2002
3583
Columbus Consolidated Government
Columbus Consolidated Government
Columbus Consolidated Government
Columbus Consolidated Government
Columbus Consolidated Government
Columbus Consolidated Government
Columbus Consolidated Government
Columbus Consolidated Government
Columbus Consolidated Government
County of Emanuel
Contract for services with Community Health Center of
South Columbus, Inc.
$ 20,000
Contract for services with Men of Action, Inc. for programs at Farley Homes in Columbus
$ 15,000
Athletic field renovations at North Gwinnett High School in Gwinnett County
$ 20,000
Contract with Two Thousand Opportunities Inc. to provide jobs for at-risk youth and startup businesses in $ Columbus
65,000
Contract with 100 Black Men of Columbus for youth mentoring program in the City of Columbus
$ 15,000
Contract for services with Project Rebound for community based intervention program for students at- $ risk in Columbus
5,000
Recreation grant to assist with recruitment of youth and student activities for recreation department and South $ Commons/FCC, Inc. in Columbus
50,000
Provide Welcome Center in Columbus/Muscogee County
$ 10,000
Contract with Kay Community Service Center for a sheltered workshop in Fort Valley
$ 48,000
Upgrade rural fire departments in Emanuel County
$ 10,000
3584
JOURNAL OF THE HOUSE
Coweta County Enhance Coweta County's Adult Literacy Program Board of Education
$ 10,000
Crawford County Contract with Boys and Girls Club of Peach County for building improvements in Crawford County
$
5,000
Crawford County Purchase equipment for volunteer fire department for Crawford County
$
6,500
Crawford County Purchase furniture for new Crawford County Courthouse $ 15,000
Crawford County Purchase of ambulance and renovations to EMS headquarters in Crawford County
$ 35,000
Crawford County Aid in construction costs for the completion of the Commission Crawford County Courthouse
$ 25,000
Crisp/Cordele Assist in constructing a monument at the Friends of County IDA Georgia Veterans' Memorial State Park in the City of $ 50,000
Cordele
Crisp County Commission
Renovation of a county building to be used to start classes at Darton College in City of Cordele
$ 10,000
Dade County
Construction of Veterans' Memorial Park in Dade County
$ 20,000
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
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
WEDNESDAY, APRIL 10, 2002
3585
Decatur County
Construct an additional building for the Fowlstown Fire Department in Decatur County
$
1,000
Decatur County Crime Scene Processing building in Decatur County $ 16,000
Dekalb County Contract for services with Green Forest Community Development, Inc. for a Pre-School/Early Childhood Technology Program in DeKalb County
$ 30,000
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 and Midway Woods Neighborhood Association in $ DeKalb County
2,000
Dekalb County Fund Delta Life Development Center Programs in Dekalb County
$ 35,000
Dekalb County Funding for Life Skills for Tomorrow Program in Dekalb County
$ 50,000
Dekalb County Provide funding for Leadership Academy in Dekalb County
$ 80,000
Dekalb County
Purchase land Dunwoody
and
improvements
for
a
park
in
the
City
of
$
50,000
DeKalb County Renovation and outdoor lighting for Briarwood Recreation Center in DeKalb County
$ 10,000
DeKalb County Fill in dangerous ditches and sidewalk construction on LaVista Road in unincorporated DeKalb County from $ Atlanta City line to Citadel Road
20,000
3586
JOURNAL OF THE HOUSE
DeKalb County Re-engineer dangerous intersection Briarcliff Road, Johnson Road and Zonolite Road in DeKalb County
$ 10,000
DeKalb County Contract for services with the Push Push Theater of DeKalb County
$ 10,000
DeKalb County Contract for services with IAM, Inc. for after-school tutoring/mentoring program in DeKalb County
$
5,000
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
DeKalb County
Restore and protect Burnt Fork Creek and its watershed in DeKalb County
$
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
DeKalb County Program assistance for Browns Mill Park/DeKalb Yellow Jacket Football/Cheerleading Programs in DeKalb County
$ 10,000
DeKalb County Contract with Robert Shaw Theme School for summer
Board of
program in DeKalb County
$
Education
5,000
DeKalb County Contract for services with the Frazer Center in DeKalb County
$
30,000
DeKalb County Building and grounds improvements for Murphey Candler
$ 5,000
WEDNESDAY, APRIL 10, 2002
3587
DeKalb County Field renovation for girls softball field at Murphey Candler Park in DeKalb County
$ 5,000
DeKalb County Contract for services with South DeKalb Improvement Initiative to staff and supply SLAM Saturday tutorial $ sessions
45,000
DeKalb County Purchase library books for Hambrick, Idlewood, Stone
Board of
Mill, Shadow Rock, Pine Ridge, Redan, Wynnebrooke,
Education
Stephenson Middle, Stephenson High School, Stone $
Mountain High School, and Smoke Rise in DeKalb
County
11,000
DeKalb County Contract for services with the South DeKalb Improvement Initiative for tutorial programs in DeKalb $ County
30,000
DeKalb County Contract for service with South DeKalb Improvement Initiative for senior adult services in DeKalb County
$
20,000
DeKalb County Board of Education
Library books for Kelly Lake Elementary, Meadowview Elementary, Tilson Elementary, Gresham Park, Cedar Grove Elementary, Cedar Grove Middle, Flat Shoals Elementary, Sky Haven Grove Elementary, Cedar Grove $ Middle, Flat Shoals Elementary, Sky Haven Elementary, Leslie J. Steel Elementary, McNair Middle, McNair High, and Cedar Grove High in DeKalb County
15,000
DeKalb County Contract with Georgia Community Support and Solutions for services to emotionally disturbed children $ in DeKalb County
44,000
DeKalb County Provide for comprehensive youth service program in Scottdale Community in DeKalb County
$ 15,000
DeKalb County Assist PTA honors programs at Snapfinger, Woodridge
Board of
and Rainbow Elementary Schools in DeKalb County $
Education
2,000
3588
JOURNAL OF THE HOUSE
DeKalb County Assist PTA with honors programs at Rowland, Atherton
Board of
and Canby Lane Elementary Schools in DeKalb County $
Education
1,500
DeKalb County Assist PTA with honors programs at Glen Haven,
Board of
M.L.King Jr. High School and Salem Middle School in $
Education
DeKalb County
1,500
DeKalb County Assist PTA repair and purchase band uniforms and
Board of
instruments at Southwest DeKalb High in DeKalb
Education
County
$ 6,000
DeKalb County Assist PTA to repair and purchase band uniforms and
Board of
instruments for Columbia High School in DeKalb
$
Education
County
6,000
DeKalb County Assist PTA to repair and purchase band uniforms and
Board of
instruments for Towers High School in DeKalb County $
Education
6,000
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
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
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
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
WEDNESDAY, APRIL 10, 2002
3589
DeKalb County Beautification projects at Worthington, Autumn Hills,
Emerald Estates, and Springwood communities in
$
DeKalb County
4,000
DeKalb County Beautification projects at Pendley Hills, Sherrington, Spring Valley, and The Crossing communities in DeKalb $ County
5,000
DeKalb County Beautification projects at Easterwood, Columbia Valley,
Columbia Crossing, and 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
DeKalb County Arts Station Summer Program in DeKalb County
$ 15,000
DeKalb County
Provide a customer service institute for Victory Empowerment Program in Dekalb County
Outreach
$
20,000
DeKalb County Improve Civic Club building in Dekalb County
$ 15,000
DeKalb County Purchase landscaping supplies and gate for Dekalb County Civic Association
$ 7,200
DeKalb County
Provide funding for Dekalb County Computer Literacy Program
$
10,000
DeKalb County Funding for KHADIJALAND operating expenses in Dekalb County
$ 20,000
DeKalb County Purchase athletic equipment for the disabled youth of Dekalb County
$
10,000
3590
JOURNAL OF THE HOUSE
DeKalb County Construction of playground at BrookRun in DeKalb County
$ 15,000
DeKalb County Beautification projects for Hidden Hills, Meadows,
Southland, Mountain, Deer Creek, Fontaine, Fontaine East, and PTA enhancements for Redan, Miller Grove
$
10,000
and Stevenson High School in DeKalb County
DeKalb County Coalition of Concerned Africans, Inc. in DeKalb County $ 5,000
Dodge County
Equipment money for the Plainfield fire department in Dodge County
$
3,000
Dodge County Dodge County Courthouse renovation
$ 5,000
Dodge County Board of Education
Bus driver break room improvement for Dodge County
Board of Education
$
3,000
Dooly County
Dooly County Recreation Department for maintenance and operation
$
10,000
Dooly County Replace fire truck for City of Byromville in Dooly County
$ 30,000
Dougherty County
Contract for services with Dougherty County Community Coalition for senior day care in Dougherty $ County
10,000
Dougherty
Contract for services with South Albany Family
County
Enrichment Center 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
Douglas County Establish an emergency operations center for new Douglas County EMA
$ 7,000
WEDNESDAY, APRIL 10, 2002
3591
Douglas County Thermal Imaging Camera for the Douglas County Fire Department
$
10,000
Douglas County Summer remediation program for Douglas County
Board of
middle school students
Education
$ 10,000
Douglas County Purchase food and other supplies for Douglas County Food Bank
$
20,000
Douglas County Purchase equipment for the Douglas County
Board of
Government Access Channel
Commissioners
$ 20,000
Douglas County School System
Improve playground equipment for Eastside Elementary in Douglas County
$
10,000
Dublin City Board of Education
Renovation of bathroom facilities at Shamrock Bowl in
the City of Dublin
$
5,000
Dublin City Board of Education
Purchase band uniforms for Dublin High School for the
Dublin City Board of Education
$ 10,000
Dublin City Board of Education
Purchase band uniforms for Dublin High School in City
of Dublin
$ 10,000
Dublin/Laurens County Recreation Authority
Lighting for fields for Dublin Laurens County Recreation Authority
$ 5,000
Dublin Public Health District
Physician contract for the Dublin Public Health District $
12,000
3592
JOURNAL OF THE HOUSE
Early County Commission
Fund expenses associated with seeking a power generating plant for the Economic Development Authority in Early County
$ 25,000
Eastman/Dodge Construction project for Eastman/Dodge Development
Development Authority
$
Authority
25,000
Eatonton City Funding to further enhance the Alice Walker Street
Council
Project in the City of Eatonton
$ 10,000
Echols County Purchase eleven air pacs for the Echols County Volunteer Fire Department
$ 15,000
Effingham County
Playground equipment for Clyo Community Park in Effingham County
$ 15,000
Effingham
Furniture for new Ebenezer Middle School in Effingham
County Board of County
$
Education
10,000
Effingham
Sand Hill Elementary School playground equipment for
County Board of disabled in Effingham County
$
Education
10,000
Effingham County
Funding for Veterans' Park in Effingham County
$ 20,000
Effingham County
Construction of Veterans' Park in Effingham County $ 10,000
Emanuel County Equipment and supplies for Franklin Memorial Library in Emanuel County
$
10,000
Emanuel County Improvements to the Emanuel County Courthouse
$ 20,000
Evans County Enhancements to Industrial Park in Evans County
$ 10,000
WEDNESDAY, APRIL 10, 2002
3593
Evans County Provide for industrial park landscaping for Claxton in $ 10,000 Commission Evans County
Evans County Board of Education
Funds to rehabilitate school building for Evans County
Board of Education
$
10,000
Fannin County Provide crew from Union C.I. to maintain park and clean bank area in Fannin County
$ 25,000
Fannin County Park amenities to include restrooms and roads to ballpark in Fannin County
$ 30,000
Fannin County Board of Education
Purchase educational supplies for West Fannin Elementary in Fannin County
$ 10,000
Fannin County Purchase gravel to extend parking for Fannin County
Board of
Head Start program
$
Education
5,000
Fayette County
Funds supporting the Foundation de Manana program in Fayette County
$
10,000
Floyd County
Construction of access road to the new Pirelli Plant in the Floyd County
$
25,000
Floyd County
Provide driveway accessibility for ASL Archer Co Plant in Floyd County
$
20,000
Floyd County Provide funds for education program at Chieftains Museum in Floyd County
$ 15,000
Floyd County Provide language programs to the Latin/Hispanic population at Floyd College in Floyd County
$ 25,000
Floyd County
Fund expenses and equipment at Camp Good Times in Floyd County
$
15,000
3594
JOURNAL OF THE HOUSE
Floyd County
Fund video production project at Coosa High School in Floyd County
$
10,000
Floyd County Board of Education
Construct a multi-purpose "Classroom in the Wild" building at Coosa Middle School in Floyd County
$ 12,500
Floyd County Board of Education
Outdoor activities project at the Pepperell Middle School
in Floyd County
$
25,000
Floyd County Board of Education
Construct memorial athletic field for 4th and 5th graders
at Pepperell Elementary in Floyd County
$
10,000
Forsyth County Renovation of the Forsyth County Chamber of Commerce
$ 25,000
Forsyth County Funding for school programs in Forsyth County
$ 25,000
Franklin County Franklin County Recreation Park
$ 15,000
Franklin County Paving for Franklin County High School Agriculture
Board of
Center
Education
$ 10,000
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
Franklin County Building and equipment for Red Hill, Bold Springs, Double Churches, Five Acre, Lyons, and Sandy Cross $ 10,000 Fire Department in Franklin County
Fulton County
Construction of an outdoor environmental classroom at Abbots Hill Elementary School in Fulton County
$
15,000
WEDNESDAY, APRIL 10, 2002
3595
Fulton County
Purchase of computers and software for the Harriett G. Darnell Multi-purpose facility in Fulton County
$
25,000
Fulton County
Contract for services with Quality Living Services, Inc. in Fulton County
$
45,000
Fulton County
Funds for "Listen Up", a drug prevention and education program in Fulton County
$
25,000
Fulton County Funding for ceiling repair of the Kappa Omega Foundation facility in the City of Atlanta
$ 60,000
Fulton County
Provide computer and research equipment for Creekside High School in Fulton County
$
10,000
Fulton County Provide funding for the KidsGym USA program in Fulton County
$ 25,000
Fulton County Board of Education
Development of an outdoor classroom for Roswell North
Elementary School in Fulton County
$
10,000
Fulton County Board of Education
Outdoor classroom at the Taylor Road Middle School in
Fulton County
$
15,000
Fulton County Board of Education
Contract with Connection, Inc. for victory over violence
activities in south Fulton County schools
$
10,000
Fulton County Board of Education
Create science lab at Finidley Oaks Elementary School
in Fulton County
$
15,000
Fulton County Board of Education
Contract with K.I.D.D.S. Dance Project, Inc. in Fulton
County
$
10,000
3596
JOURNAL OF THE HOUSE
Georgia Tech Funding for a joint policy institute between Georgia Tech and Morehouse College
75,000 $
Glascock County Complete renovation of courthouse annex in Glascock County
$
10,000
Glynn County
Installation of outdoor lighting for the Animal Control facility in Brunswick
$
5,000
Glynn County Animal Control facility parking lot lighting for Glynn
Board of
County
$
Commissioners
5,000
Grady County
Construct new cover for Thomas/Grady County Mental
Health Center for handicapped recreational outdoor
$
pavilion in Grady County
10,000
Grady County
Renovation and improvements to Wayside Community Center in Grady County
$
10,000
Grady County
Building construction and equipment purchases for the Midway Fire Department in Grady County
$
10,000
Grady County Tennis courts for physical education at the Cairo High
Board of
School in Grady County
$ 10,000
Education
Greene County
Equipment and display cases at Arts Gallery in Greene County
Abram
Colby
Decorative
$
2,000
Greene County Renovation of historic old jail in Greensboro for museum in Greene County
$ 15,000
Greene County
Feasibility study to determine healthcare system options for Greene, Morgan, Putnam Region
$
10,000
Greene County Funding for old jail restoration project in Greene County $ 10,000
WEDNESDAY, APRIL 10, 2002
3597
Gwinnett Community Foundation
Provide funds to allow Aurora Theater performances in
elementary schools in Gwinnett County
$ 10,000
Gwinnett County Athletic Department stadium project at Grayson High
Board of
School in Gwinnett County
$
Education
5,000
Gwinnett County Contract for services with Creative Enterprises for construction of Phase II Expansion of the Day Habilitation Program in Gwinnett County
$ 25,000
Gwinnett County Renovation of Athletic facilities at Duluth High School
Board of
in Gwinnett County
$
Education
20,000
Gwinnett County Creative Enterprises
$ 50,000
Gwinnett County Asphalt walking track around playground at Mountain Park Elementary School in Gwinnett County
$
20,000
Hall County Create walking trail in Tadmore Park in Hall County $ 15,000
Hall County Board of Education
Playground equipment for White Sulphur Elementary
School in Hall County
$ 10,000
Hancock Board Purchase a vehicle and equipment for East Lake Sinclair
of
Fire Department in Hancock County
$
Commissioners
10,000
Hancock County Funds needed to purchase firefighting equipment and supplies for Sparta/Hancock County Fire Department
$
10,000
Hancock County Develop hydroponic garden at M.E. Lewis Elementary
Board of
in Hancock County
$
Education
4,000
3598
JOURNAL OF THE HOUSE
Haralson County Contract services for Family Connections Haralson County
$ 25,000
Haralson County Contract services for Lamp Program in Haralson County $ 25,000
Haralson County Recreation funds for Haralson County Recreation Department
$ 20,000
Haralson County Fund programs and curriculum for Haralson County Family Support Programs
$
7,000
Haralson County Fund programs and curriculum for Haralson County Family Connection
$
7,000
Haralson County Purchase athletic equipment for Haralson County High School
$
10,000
Hart County Paving for Hart County Public Safety Training facility $ 10,000
Hart County
Emergency equipment (defibrillator) for Hart County Fire Department
$
8,000
Heard County Recreation department projects for Heard County
$ 15,000
Heard County
Purchase bullet proof vests for every law enforcement officer in Heard County Sheriff's Department and City of $ Franklin Police Department
20,000
Heard County Board of Education
Purchase two computer labs at Centralhatchee and Ephesus Elementary Schools in Heard County
$ 15,000
Heart of Georgia Provide youth programs and air show at the Heart of Airport Authority Georgia Airport Authority
$ 10,000
Henry County
General repair and maintenance of shelter facilities at A Friend's House in Henry County
$
10,000
WEDNESDAY, APRIL 10, 2002
3599
Henry County Purchase office equipment for Henry County Sheriff's
Board of
Office
$
Commissioners
7,500
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 books and other media items for Union Grove
High School in Henry County
$
5,000
Henry County Board of Education
Purchase books and other media items for Cotton Indian
Elementary in Henry County
$
5,000
Henry County Board of Education
Purchase equipment for the Health/Physical Education Department at Austin Road Middle School in Henry $ County
5,000
Houston County Contract for services with Kid's Journey in Houston
Board of
County
Education
$ 5,000
Houston County Materials and supplies for the Houston County Library $ 25,000
Houston County Purchase equipment for the Henderson Volunteer Fire Department in Houston County
$
25,000
Houston County
Contract for services with Family Counseling Control of Central Georgia in Houston County
$
15,000
Houston County Purchase piano for the Fine Arts Department at Houston
Board of
County High School
$
Education
14,000
Irwin County
Repair to gymnasium in the recreation complex in Irwin County
$
10,000
3600
JOURNAL OF THE HOUSE
Irwin County
Upgrade inventory of books for the Irwin County Library
$ 10,000
Irwin County
Repair and upkeep of Civil War Memorial located on courthouse square in the City of Ocilla
$
5,000
Irwin County Board of Education
Construction of physical education room for wrestling, cheerleading and band activities for the Irwin County $ High School
10,000
Jackson County
Purchase of equipment for Plainview Fire Department in Jackson County
$
15,000
Jackson County
Purchase Rescue
of
equipment
for
the
Jackson
County
Volunteer
$
20,000
Jackson County Construction of homeland security building for the Jackson County Fire Department
$ 15,000
Jasper County Board of Education
Lighting for high school baseball/softball fields in Jasper
County
$
35,000
Jeff Davis
Purchase playground equipment for parks in Jeff Davis
County
County
$
Commissioners
15,000
Jeff Davis
Purchase equipment for food processing facility at Jeff
County Board of Davis High School in Jeff Davis County
$
Education
5,000
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
Jefferson County Provide funding for tourism for Jefferson County Economic Development Authority
$ 25,000
WEDNESDAY, APRIL 10, 2002
3601
Jefferson County Funds to purchase a surplus vehicle for the Jefferson County Coroner's Office
$
1,500
Jefferson County Purchase signs for Jefferson County High School and School System Sandersville Technical College
$
12,500
Jenkins County Repair to the Jenkins County Library
$ 10,000
Jenkins County Purchase and renovate theater building for Jenkins County DevelopmentAuthority
$ 25,000
Jenkins County Complete construction of recreation building for Millen/Jenkins County Recreation Department
$ 15,000
Jenkins County Commission
Funds to pave Health Department parking lot in Jenkins County
$
5,000
Johnson County Purchase equipment, renovate and repairs at the Senior Citizen Center in Johnson County
$
5,000
Johnson County Rural fire department improvements and equipment purchases in Johnson County
$ 15,000
Johnson County Renovation of recreation complex and purchase equipment in Johnson County
$ 10,000
Johnson County Renovations to fire stations in Johnson County Board of Commissioners
$ 10,000
Johnson County Paving project for the Johnson County Board of
Board of
Education
Education
$ 25,000
Jones County
Design and develop landscape beautification project at the Jones County Civic Center
$
15,000
Jones County General operation of the Jones County Recreation Department
$ 25,000
3602
JOURNAL OF THE HOUSE
Jones County
Purchase firefighting equipment for fire tank in Jones County Volunteer Fire Department
$
5,000
Jones County Fund new recreation area for City of Haddock Commission
$ 9,000
Lamar County Lamar County Ag Expo Center
$ 25,000
Lamar County
Purchase bullet proof vests for every law enforcement officer in Lamar County
$
15,000
Lamar County Crisis response vehicle/mobile command center for Lamar County Sheriff's Department
$ 40,000
Lanier County
Expansion of the Robert County
Simpson Nature Trail in Lanier
$
10,000
Lanier County Board of Education
Band equipment for the Lanier County Schools
$ 6,000
Laurens County
Three automatic entry and exit doors for Dublin Laurens County Library in Laurens County
$
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
10,000
Laurens County Construction of T-Hangars at the airport in Laurens County
$ 5,000
WEDNESDAY, APRIL 10, 2002
3603
Laurens County Recreational equipment for Heart of Georgia Psycho
Board of
Educational Services in Laurens County
$ 5,000
Education
Laurens County Improvements for Cedar Grove Community Center in Laurens County
$
10,000
Lee County
Repair old fire station which is being converted to Redbone Library in Lee County
$ 16,000
Lincoln County Building and equipment for the Loco Volunteer Fire Department in Lincoln County
$ 10,000
Lincoln County Contruction of water line and infrastructure for Boy Commission Scout Camp in Lincoln County
$ 25,000
Long County
Fire department equipment to include personal turn out gear for Long County
$
30,000
Long County
Purchase new car for the Long County Sheriff's Department
$ 10,000
Long County Purchase new Sheriffs Department car in Long County $ 5,000
Long County
Purchase protective gear for the volunteer fire department in Long County
$ 8,000
Long County Provide new computer equipment in Long County
$ 20,000
Lowndes County Purchase New Book Van for South Georgia Regional Library in Lowndes County
$
15,000
Lowndes County Purchase theater equipment for program through Valdosta State University in Lowndes County
$ 10,000
Lowndes County Construction of the James Belk Youth and Teen Center at YMCA in Lowndes County
$
75,000
3604
JOURNAL OF THE HOUSE
Lumpkin County Funding for homeless shelter in Lumpkin County
$ 25,000
Madison County Pave parking lot at Madison County Fire Station
$ 5,000
Marion County Funds to replace wood columns on Marion County Commissioners Courthouse
$ 23,834
McIntosh County Purchase seventeen-passenger Ford Econovan for the Esther Project, Inc. in McIntosh County
$
20,000
Meriwether County
Construct a football field for Greenville High School in Meriwether County
$
75,000
Meriwether County
Purchase bullet proof vests for every law enforcement officer in Meriwether County
$
25,000
Mitchell County Contract for services with Mitchell County Boys and
Girls Club for Smart Moves pregnancy prevention
$ 9,000
program
Mitchell County Purchase new fire protection equipment for seven volunteer fire departments in Mitchell County
$ 21,000
Monroe County School building renovations for Community Wellness
Board of
Center in Monroe County
$ 15,000
Education
Monroe County Purchase and install a cardiac monitoring system,
Hospital
communications system or other improvements at
Authority
Monroe County Hospital
$ 25,000
Montgomery County
Repair roof of High School
historic building
at
Montgomery County
$
10,000
Montgomery Repair roof and flooring of the 1929 building for the County Schools Montgomery County School Board
$ 10,000
Montogomery Purchase of rescue equipment for the Montgomery
County
County Emergency Management Agency
$ 5,000
WEDNESDAY, APRIL 10, 2002
3605
Montogomery New fence at the Montgomery County Recreation
County
Department
$ 5,000
Morgan County Funding for the construction of an Animal Control Commission Building for Morgan County
$ 9,000
Morgan County Construct a new fire department at Clack's Chapel in Commission Morgan County
$
9,000
Morgan County Purchase tennis court lighting system for Morgan
Board of
County Board of Education
Education
$ 10,000
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
Muscogee
Construct a rope bridge site for competitive preparation
County Board of of Raider's Team. Freedom Fighters Cultural Art
$
Education
Program to expand character education program
10,000
Muscogee County Schools
Funds for an after-school program for troubled students at Baker MiddleSchool in Muscogee County
$
10,000
Muscogee County School System
Beautification project at Carver High School in Muscogee County
$ 10,000
Muscogee County School System
Beautification project at Marshall Middle School in Muscogee County
$ 10,000
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 in
Board of
Covington
$
Education
20,000
3606
JOURNAL OF THE HOUSE
Newton County
Enhance, purchase and install playground equipment for West Newton Elementary School in Newton County
$
7,500
Newton County Purchase band equipment for Cousins Middle School in
Board of
City of Covington
$
Education
10,000
Newton County Fund construction of two softball fields at Old Cousins
Board of
Middle School in Newton County
$
commission
8,000
Oconee County Show Choir ensemble uniforms for Oconee County
Board of
Board of Education
Education
$ 5,000
Oglethorpe
Planning and startup funding for Agricultural Center in
County Board of Oglethorpe County
$
Education
10,000
Paulding County Funding for museum equipment in Paulding County $ 3,000
Paulding County
Funds for outside lighting and school signs for Paulding County Board of Education
$
15,000
Paulding County Purchase recreational equipment for community centers in Paulding County
$
16,000
Paulding County Paulding County Family Connection
$ 25,000
Peach County Purchase Microbus for Peach County 4-H
$ 20,000
Peach County Replacement of 3 radio repeaters in Peach County
$ 10,000
Peach County Security gate for Peach County Law Enforcement Center $ 6,000
Peach County Roof repair at 911 Center in Peach County
$ 5,000
WEDNESDAY, APRIL 10, 2002
3607
Peach County
Assist in reroofing Kay Center for Mentally Retarded in Peach County
$
30,000
Pelham City Board of Education
Improvements to the agriculture livestock facilities in
Pelham City public schools
$ 15,000
Perry Downtown Land acquisition and improvements for the Perry Development Downtown Development Authority Authority
$ 100,000
Pierce County Purchase equipment for Pierce County
$ 2,000
Pierce County
Improvements to Lakeview Community Center in Pierce County
$
30,000
Pierce County Provide funding for the Pierce County Resource Center
Board of
for the Pierce County Board of Commissioners
$
Commissioners
90,000
Pierce County Board of Education
Purchase band uniforms for Pierce County Band Boosters
$ 5,000
Polk County Purchase van for the Polk County Boys and Girls Club $ 20,000
Polk County
Contract for services with Children's Advocacy Group in Polk County
$
25,000
Polk County Provide equipment for the Polk County Fire Department $ 40,000
Polk County
Purchase equipment for the Polk County Volunteer Fire Department
$
5,000
Polk County
Construction of an emergency response facility in Polk County
$
120,000
3608
JOURNAL OF THE HOUSE
Putnam County New band equipment for the Putnam County High
Board of
School
Education
$ 8,000
Putnam County Commission
Renovation of old jail for office space in Putnam County $
9,000
Putnam General Medical records retention, storage and retrieval system
Hospital
for the Putnam General Hospital in Putnam County
$
Authority
20,000
Quitman County Planning, mapping, addressing, and implementation of an enhanced 911 system in Quitman County
$
10,000
Rabun County Update computer system at Rabun County Hospital $ 45,000
Rabun County Equipment for the Rabun County Recreation Department $ 25,000
Rabun County
Purchase equipment for the Arts and Drama Department at Rabun County High School
$
15,000
Randolph
Purchase precision air rifles for JROTC program at
County Board of Randolph/Clay High School in Randolph County
Education
$ 5,000
Randolph
New student information system to replace OSIRS in the
County Board of Randolph County School System
$
Education
30,000
Randolph County Fund Star program in Randolph County Board of Education
$ 12,500
Randolph County Purchase of four intoxilyzers for the Randolph County Sheriff's Department
$
2,000
Randolph
County
Complete final phase of voter/fire protection building for the rural area of Randolph County
$
18,000
WEDNESDAY, APRIL 10, 2002
3609
Randolph County Fund a rural transportation system for Randolph County $ 14,000
Richmond
Summer children's programs at Belle-Terrace
County Board of Community Center and May Park Community Center in $
Education
Augusta/Richmond County
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
Richmond County
Equipment for Richmond County Marshal's Office
$ 15,000
Richmond County Commission
Operational expenses for the Augusta Ballet
$ 25,000
Richmond County Commission
Operational funding for Delta House, Lucy Craft Laney
Museum in Richmond County
$ 25,000
Richmond County Commission
Operational funds for National Legacy Foundation in Richmond County
$ 25,000
Richmond County
Provide funding for the Southeast Burn Foundation in Richmond County
$
30,000
Richmond County
Funding for the Golden Harvest Food Bank in Richmond County
$
10,000
Richmond County Commission
Operational expenses for Delta Leadership Training Program in Richmond County
$ 30,000
3610
JOURNAL OF THE HOUSE
Richmond County
Upgrade equipment at Richmond Academy in Richmond $ 25,000 County
Richmond County
Provide lighting and purchase equipment at Master City Little League in Richmond County
$
15,000
Richmond County Commission
Operational expenses for Southside Tutorial Program in
Richmond County
$ 20,000
Richmond County
Funds for lighting and equipment at West Augusta Little League in Richmond County
$
15,000
Richmond County
Purchase equipment/uniforms for the Augusta Boxing Club in Richmond County
$
15,000
Richmond County Commission
Construct a state of the art playground for disabled children for The Rachel Longstreet Foundation in the $ 25,000 City of Augusta
Richmond County Commission
Support operation resources at Lucy Laney High School
in Richmond County
$ 15,000
Satilla Regional Medical Center
Contract for services with the Satilla Advocacy Services for the Satilla Regional Medical Center in Waycross
$
10,000
Schley County Assist in air-conditioning Schley County Elementary School
$ 25,000
Screven County
Playground equipment for rural communities of Screven County
$
10,000
Screven County Design of a new jail for Screven County Sheriff's Department
$ 10,000
Screven County Fire fighting equipment for Screven County Fire Department
$ 50,000
WEDNESDAY, APRIL 10, 2002
3611
Screven County Maintenance and operational cost of the Cooperville Community House in Screven County
$
3,000
Screven County Upgrade county fire department equipment in Screven County
$
15,000
Seminole County Construct a multi-purpose agri-center livestock pavilion
Board of
for the Seminole County High School in Seminole
$
Education
County
10,000
Seminole County Grounds improvement and paving at the Seminole Commission County Courthouse
$ 10,000
Seminole County Agriculture Center and Livestock Building for the
Board of
Seminole County Board Of Education
Education
$ 20,000
Seminole County Fund a multi-purpose building at Seminole County Middle-High School
$ 25,000
Seminole County Southwest Georgia multi-purpose facility Board of Education
$ 50,000
Seminole County Construct an equipment and agricultural facility for
Board of
Seminole County Board of Education
Education
$ 150,000
Stephens County Purchase equipment and software for the Stephens Commission County Education Literacy Foundation
$ 10,120
Stephens County Purchase two used vehicles for the Toccoa Rehabilitation Ind., Inc, in Stephens County
$ 31,600
Stephens County Purchase office furniture for newly renovated Toccoa Armory In Stephens County
$
5,600
3612
JOURNAL OF THE HOUSE
Stephens County Create two multi media computer centers for Liberty Elementary School n Stephens County
$ 16,422
Stephens County Operating funds for the Stephens County Library Commission
$ 20,000
Stephens County Purchase a 15 passenger van for the Stephens County 4H program
$
38,000
Stephens County Purchase of a fire boat and building equipment in Stephens County
$ 25,000
Stewart County Purchase patrol car for Stewart County
$ 6,000
Talbot County Board of Education
Repair gym floor at Central Elementary/High School in
Talbot County
$
10,000
Taliaferro Board Purchase patrol car for Taliaferro County Sheriff's
of
Department
Commissioners
$ 13,000
Tattnall Board of Repair and fund improvements to Reidsville Middle
Education
School baseball field in the City of Reidsville
$
5,000
Tattnall County Contract for services with the East Collins Community
Center for after-school program enhancements in
$
Tattnall County
10,000
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
Tattnall County
Provide funds for architectural support and planning of Technology Center in Tattnall County
$
10,000
WEDNESDAY, APRIL 10, 2002
3613
Tattnall County Match local and state/federal funds to market a farmer
Commissioners initiated program to sell local produce in Tattnall
$
County
5,000
Taylor County
Provide funding for Taylor and 911 feasibility study
County
GIS
Mapping
System
$
50,000
Telfair County Recreation funding for Telfair County
$ 25,000
Telfair County Board of Education
Athletic facility improvements for Telfair County High
School
$
10,000
Telfair County Resurface Telfair County High School tennis courts High
$ 7,000
Terrell County Restore the historic Terrell County Courthouse's 1892 Tower Clock and Tower Room
$
45,000
Terrell County
Deceleration lane construction and related infrastructure at conservation resource center in Terrell County
$
85,000
Thomas County Contract for services with Marquerite Neel Williams Boys and Girls Club in Thomas County
$ 15,000
Thomas County Resurface driveway and parking area at Magnolia/Chappelle School in Thomas County
$ 5,000
Tift County
Purchase computers and pagers for Tift County Volunteer Fire Department
$ 10,000
Tift County
Purchase furniture for Tift County Public Library
Commissioners
$ 50,000
Town of Dexter
Purchase equipment for Town of Dexter Volunteer Fire Department
$
5,000
3614
JOURNAL OF THE HOUSE
Town of Funston Replace water line on North Manning Street in the City of Funston
$
7,500
Town of Funston Assist in replacing water line and fireplugs in Town of Funston
$
10,000
Town of Ivey Construct a Voluntary Fire Department and precinct polling place in Town of Ivey in Wilkinson County
$ 25,000
Town of Rebecca
Purchase Christmas lighting for the City of Rebecca
$
3,000
Town of Rentz
Laurens County Ambulance Service satellite station in the Town of Rentz
$
6,236
Town of Sumner Improvements to Town of Sumner auditorium for civic and educational purposes
$
10,000
Town Of Shady Building improvements for Town of Shady Dale City
Dale
Hall
$
20,000
Towns County Equipment for volunteer fire department in Towns County
$ 5,000
Towns County Board of Education
Extend Energy Management System for new elementary
school, new auditorium and middle school gym in
$
Towns County
20,000
Treutlen County
$2,000 per three Volunteer Fire Departments in Treutlen County
$
6,000
Treutlen County Purchase of a patching machine to repair county maintained roads in Treutlen County
$ 10,000
Treutlen County Purchase vehicle for Treutlen County Senior Center $ 5,000
Treutlen County Purchase patching machine for road repairs in Treutlen County
$
20,000
WEDNESDAY, APRIL 10, 2002
3615
Treutlen County Renovation of the Board of Commissioners office building in Treutlen County
$ 10,000
Treutlen County Expansion of fire stations to house additional fire engine
Board of
in Treutlen County
$
Commissioners
20,000
Treutlen County Purchase athletic equipment for the Treutlen County Board of Education
$ 10,000
Troup County
Development of the Clark Access Recreational Park in Troup County
$
50,000
Troup County
Equipment crisis response vehicle with communication and disaster response equipment for the Troup County $ Sheriff's Department
25,000
Troup County Board of Education
Create summer Driver's Ed Program for Troup County
students
$
25,000
Turner County
Repairs, design and renovation of official state symbol (peanut monument) in Turner County
$
5,000
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
Union City
Funding for the Keep South Fulton Beautiful program in Union City
$
40,000
Union City
Provide for environmental protection through education and facilities in Union City
$
10,000
Union County
Design and construct a gymnasium/community center in Union County
$
50,000
3616
JOURNAL OF THE HOUSE
Union County Funds for a new jail in Union County
$ 30,000
Union County
Contract for services with S.A.F.E., Inc.(Support in Abusive Family Emergencies program) in Union County
$
10,000
Union County Equipment for volunteer fire department in Union County
$ 5,000
Upson County
Purchase emergency response truck for Upson County Emergency Management Agency
$
10,000
Upson County
Purchase bullet proof vests for every law enforcement officer in Upson County
$
25,000
Walker County Contract with Children's Advocacy Center to provide
Lookout Mountain Superior Courts child abuse
$ 15,000
investigation forensic service
Walker County Renovations to the drivers license facility in Rock Spring $ 15,000
Walker County Renovations to the Walker County Courthouse in LaFayette
$ 15,000
Walker County Renovation of softball field for Rock Spring Athletic Association in Walker County
$ 15,000
Walker County
Purchase land and build memorial park for the families of the Noble tragedy in Walker County
$
45,000
Walker County Purchase computer technology equipment and JROTC
Board of
equipment for LaFayette High School in Walker County $
Education
5,000
Walton County Contract for services with Bridge Services, Inc. for services to at-risk youth in Walton County
$ 15,000
Walton County
Purchase and install playground equipment at Matthews Park in north Monroe
$
5,000
WEDNESDAY, APRIL 10, 2002
3617
Walton County Furniture purchase for Loganville Senior Center Board of Commissioners
$ 5,000
Walton County Renovation and drainage project on playground at
Board of
Loganville Elementary School in Walton County
Education
$ 5,000
Ware County
Furnish and renovate the Magnolia House Shelter for Abused Women and Children in Ware County
$
5,000
Ware County
Acquire a building for the Thomas O. Zorn #70 Chapter of the Disabled American Veterans in Waycross
$
15,000
Ware County
Improvements and additions to the Okefenokee Heritage Center in Ware County
$
5,000
Ware County
Purchase equipment for the Dixie Union Volunteer Fire
and Rescue division of the Ware County Fire
$
Department
5,000
Ware County Ware County Senior High Band trip to Thanksgiving
Board of
Day in Philadelphia
$
Education
5,000
Warren County Purchase public safety equipment for Sheriff's Department and fire personnel in Warren County
$ 15,000
Warren County Purchase fire equipment for Warren County Fire Department
$ 105,000
Warren County Purchase two surveillance cameras for Warren County
Board of
Sheriffs Department
$
Commissioners
7,500
Washington County
Bathroom improvements for handicapped access for the Washington County Historical Society
$
5,000
3618
JOURNAL OF THE HOUSE
Washington County
Capital improvements for the Washington County Recreation Department
$ 10,000
Wayne County Equipment for the Wayne County Volunteer Fire Department
$ 10,000
Wayne County
Construction improvements at Ritch voting precinct in Wayne County
$
5,000
Wheeler County Equipment for Wheeler County Recreation Department $ 5,000
Wheeler County Building materials for Springhill Fire Department in Wheeler County
$
5,000
Wheeler County Renovations of the Wheeler County Senior Citizens Center
$ 4,000
Wheeler County Fire fighting equipment for Stuckey Fire Department in Wheeler County
$
5,000
Wheeler County Construct a new recreation facility in Wheeler County $ 20,000
Wheeler/Telfair Planning and development money for Wheeler
Airport
County/Telfair Airport Authority
Authority
$ 5,000
White County Refurbish athletic fields in White County
$ 22,000
White County Structural repairs to community gym in White County $ 35,000
Whitfield County Government
Provide funding for road and bridge enhancements in
Whitfield County
$ 10,000
Wilcox County
Purchase tanker truck for Cedar Creek Fire Department in Wilcox County
$
5,000
Wilkes County Replace roof on Georgia State Patrol Post in Wilkes County
$ 10,000
WEDNESDAY, APRIL 10, 2002
3619
Wilkes County Landscaping at Georgia State Patrol Post in Wilkes County
$ 3,000
Wilkes County Danburg Volunteer Fire Department building and equipment in Wilkes County
$ 10,000
Wilkinson County
Capital expenditures for the Wilkinson County/Gordon/Recreational Complex
$ 25,000
Worth County Improvements and repairs to Gordy and Redrock fire station/voting precinct in Worth County
$ 15,000
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 9, Department of Corrections.
To authorize the Department of Corrections to proceed with a build-to-suit lease contract for the Dekalb Transitional Center.
Section 45. Provisions Relative to Section 11, 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 46.
Provisions Relative to Section 12, Employees' Retirement System.
3620
JOURNAL OF THE HOUSE
Funds are provided in this appropriation act for H.B. 227, H.B. 254, H.B. 287, H.B. 931, S.B. 62, H.B. 627, H.B. 666, H.B. 785, and H.B. 557.
Section 47. Provisions Relative to Section 15, Office of the Governor.
There is hereby appropriated to the Office of the Governor the sum of $350,000 of the moneys collected in accordance with O.C.G.A. Title 10, Chapter 1, Article 28. The sum of money is appropriated for use by the Office of Consumer Affairs for all the purposes for which such moneys may be appropriated pursuant to Article 28.
Section 48. Provisions Relative to Section 16, 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.
WEDNESDAY, APRIL 10, 2002
3621
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 49. Provisions Relative to Section 20, Department of Labor.
Provided, from funds known as Reed Act funds credited to and held in this state's account in the Unemployment Trust Fund by the United States Secretary of the Treasury pursuant to the AJob Creation and Worker Assistance Act of 2002" (P.L. 107-147) and Section 903 (d) of the Social Security Act, as amended, $49,339,507 is designated for administration of the unemployment compensation law and public employment offices, including workforce information service delivery, technology, resources, and equipment to support employment, workforce staff training, studies and reports, buildings, fixtures, furnishings, and supplies. The amount hereby appropriated shall not exceed the limitations provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, and shall be obligated and expended in accordance with Section 903 (d) (4) of the Social Security Act.
Provided further, that no funds shall be expended until approved by the Office of Planning and Budget.
Section 50. 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 51. 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 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"
3622
JOURNAL OF THE HOUSE
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 Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale Counties.
Section 52. 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 53. 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 54. 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 9.24% for S.F.Y. 2003.
Funds are provided in this appropriation act for H.B. 765 and H.B. 955.
Section 55. 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.
WEDNESDAY, APRIL 10, 2002
3623
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 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 56. 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
3624
JOURNAL OF THE HOUSE
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 57. 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 58. 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.
WEDNESDAY, APRIL 10, 2002
3625
Section 59. 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 60. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 61. 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 62. (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.
3626
JOURNAL OF THE HOUSE
(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.
Section 63. 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 64. 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 65. Salary Adjustments. The General Assembly has appropriated, distributed and included in the agency appropriations listed above State funds for the following purposes: 1.) To provide for general salary adjustments of 2.25%, not to exceed an individual, annualized amount of $1,800.00, for employees of the Judicial, Legislative and Executive branches, with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2002. The proposed salary adjustments will be in conformance with the compensation and performance management plans promulgated by the State Personnel
WEDNESDAY, APRIL 10, 2002
3627
Board or as otherwise provided by law. However, no appropriation is made for the purpose of providing a cost-of-living or other discretionary salary increase for state officers whose salary is set by O.C.G.A. ' 45-7-4, and such a purpose is excluded from all other appropriations. 2.) To provide for a 3.25% increase to the state base salary on the local teacher salary schedule for the State Board of Education. This proposed 3.25% salary improvement is in addition to the salary increases awarded to certificated personnel through normal progression on the teacher salary schedule. The amount of the appropriation for this purpose is calculated according to an effective date 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 calculated according to an effective date of July 1, 2002. 4.) In lieu of all other items, to provide a 3.25% funding level for merit increases for Regents faculty with the amount of the appropriation for this purpose calculated to commence with the fall semester, 2002. In lieu of all other items, to provide a 3.25% funding level for merit increases for Regents non-academic personnel, not to exceed an individual, annualized amount of $2,600, with the amount of the appropriation for this purpose calculated to commence October 1, 2002. In lieu of all other numbered items, to provide a 3.25% salary increase, not to exceed an individual, annualized amount of $2,600.00, for public librarians with the amount of the appropriation for this purpose calculated according to an effective date of September 1, 2002. 5.) In lieu of all other items, 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 calculated according to an effective date of September 1, 2002, and to provide for a 2.25% salary increase, not to exceed an individual, annualized amount of $1,800.00, for support personnel, with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2002. 6.) After the adjustment in item number 1 above, to provide for a structural adjustment of minimum and maximum rates on the Statewide Salary Plan by 3% and to adjust the annual salaries of Executive branch employees then earning below the adjusted structure minimum rate to the new minimum rate for their respective job classes, with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2002. 7.) In the adjusted base appropriations, continuation funding is appropriated for 2% one-time lump sum payments for employees who surpass performance expectations under compensation and performance management plans promulgated by the State Personnel Board or as otherwise provided by law, with the amount of the appropriation for this purpose calculated according to payment on the pay date for the pay period commencing October 1, 2002, after adjustments authorized in item 1 and 6 but before adjustments authorized in 8 and 9. 8.) After the adjustments in items numbered 1 and 6 above, to provide a 5% salary increase for the Department of Motor Vehicle Safety employees in the license examiner job classes with the amount of the appropriation calculated according to an effective date of October 1, 2002. 9.) After the adjustments in items numbered 1 and 6 above, to provide a 5% salary increase for Department of Public Safety employees in the communication equipment officer job classes with the amount of the appropriation calculated according to an effective date of
3628
JOURNAL OF THE HOUSE
October 1, 2002. The General Assembly also recommends to the Board of Trustees of the Teachers Retirement System that it award a total cost-of-living adjustment of 3.5% for retired teachers.
Section 66. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 2003
$ 16,105,985,466
Section 67. This Act shall become effective upon its approval by the Governor or upon its
becoming law without his approval.
Section 68. All laws and parts of laws in conflict with this Act are repealed.
The Speaker assumed the Chair.
Representative Walker of the 141st moved that the House adopt the report of the Committee of Conference on HB 1002.
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 N Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter N Burmeister Y Byrd
N Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G N Dix Y Dodson Y 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 Y Hammontree Y Hanner
N Hudgens Y Hudson, N Y Hudson, S Y Hugley N Irvin E Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce N Kaye Y Keen N Knox Y Lane N Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox E Mangham
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 Y Roberts, D Y Roberts, L Y Rogers Y Royal
Y Smith, B Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre N Snelling Y Snow Y Squires Y Stallings Y 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
N Callaway Y Campbell Y Cash Y Channell Y Childers N Coan E Coleman, B Y Coleman, T
Collins Y Connell Y Cooper
WEDNESDAY, APRIL 10, 2002
E Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard
Y Manning N Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar N Mills Y 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
On the motion, the ayes were 144, nays 27. The motion prevailed.
3629
Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson N Willard
Williams, J Y Williams, R Y Wix N Yates
Murphy, Speaker
Representative Collins of the 29th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
The Speaker announced the House in recess until 1:30 o'clock this afternoon.
3630
JOURNAL OF THE HOUSE AFTERNOON SESSION
The Speaker called the House to order.
The following Resolutions of the House were read:
HR 1653. By Representatives Snow of the 2nd, Coleman of the 142nd, Walker of the 141st and Reece of the 11th:
A RESOLUTION commending Commissioner Robert Hightower of the Department of Public Safety; and for other purposes.
HR 1654. By Representatives Snow of the 2nd, Coleman of the 142nd, Walker of the 141st and Reece of the 11th:
A RESOLUTION commending Vernon M. Keenan, Assistant Director of the Georgia Bureau of Investigation; and for other purposes.
HR 1655. By Representatives Snow of the 2nd, Coleman of the 142nd, Walker of the 141st and Reece of the 11th:
A RESOLUTION commending Milton E. "Buddy" Nix, Jr., Director of the Georgia Bureau of Investigation; and for other purposes.
HR 1656. By Representatives Snow of the 2nd, Coleman of the 142nd, Walker of the 141st and Reece of the 11th:
A RESOLUTION commending Sgt. lst Class Don Stultz of the Georgia State Patrol; and for other purposes.
HR 1657. By Representatives Snow of the 2nd, Coleman of the 142nd, Walker of the 141st and Reece of the 11th:
A RESOLUTION commending Dr. Kris L. Sperry, Chief Medical Examiner of the Georgia Bureau of Investigation; and for other purposes.
WEDNESDAY, APRIL 10, 2002
3631
HR 1658. By Representatives Snow of the 2nd, Coleman of the 142nd, Walker of the 141st and Reece of the 11th: A RESOLUTION commending Capt. Keith Sorrells of the Georgia State Patrol; and for other purposes.
HR 1659. By Representatives Snow of the 2nd, Coleman of the 142nd, Walker of the 141st and Reece of the 11th: A RESOLUTION commending Col. George Ellis of the Georgia State Patrol; and for other purposes.
HR 1660. By Representatives Snow of the 2nd, Coleman of the 142nd, Walker of the 141st and Reece of the 11th: A RESOLUTION commending John Bankhead, Director of Public Affairs of the Georgia Bureau of Investigation; and for other purposes.
HR 1661. By Representatives Snow of the 2nd, Coleman of the 142nd, Walker of the 141st and Reece of the 11th: A RESOLUTION commending Georgia Emergency Management Agency Director Gary McConnell; and for other purposes.
HR 1662. By Representative Sholar of the 179th: A RESOLUTION recognizing and commending the Decatur County-Gilbert H. Gragg Library on its 100th anniversary; and for other purposes.
HR 1663. By Representative Rice of the 79th: A RESOLUTION commending Rick Byrd on becoming an Eagle Scout; and for other purposes.
HR 1664. By Representatives Powell of the 23rd, McCall of the 90th and Jamieson of the 22nd:
3632
JOURNAL OF THE HOUSE
A RESOLUTION honoring Grooms Johnson; and for other purposes.
HR 1665. By Representatives Day of the 153rd, Hanner of the 159th, Rogers of the 20th, Murphy of the 18th, Mueller of the 152nd and others: A RESOLUTION commending the Tybee Island Beach Task Force; and for other purposes.
HR 1666. By Representative O'Neal of the 139th: A RESOLUTION commending Mary Mantiply; and for other purposes.
HR 1667. By Representatives Hammontree of the 4th and Williams of the 5th: A RESOLUTION commending the Dalton High School Catamounts football team; and for other purposes.
HR 1668. By Representative Coleman of the 80th: A RESOLUTION commending Rachel Moriah Larios; and for other purposes.
HR 1669. By Representative Smyre of the 136th: A RESOLUTION recognizing and commending President Kofi Lomotey of Fort Valley State University; and for other purposes.
HR 1670. By Representative Smyre of the 136th: A RESOLUTION commending Colonel Willie L. Frazier; and for other purposes.
HR 1671. By Representative Walker of the 87th: A RESOLUTION honoring Brandon Edwards George; and for other purposes.
WEDNESDAY, APRIL 10, 2002
3633
HR 1672. By Representative Watson of the 70th: A RESOLUTION commending Robert (Chick) Willis; and for other purposes.
HR 1673. By Representatives Hudson of the 156th, Skipper of the 137th, Murphy of the 18th, Smith of the 175th, Walker of the 141st and others: A RESOLUTION commending Barry W. Reid; and for other purposes.
HR 1674. By Representatives Coleman of the 142nd, Shanahan of the 10th, Murphy of the 18th, Twiggs of the 8th, Snow of the 2nd and others: A RESOLUTION recognizing and commending Morene Whitworth; and for other purposes.
HR 1675. By Representatives Unterman of the 84th, Manning of the 32nd and McClinton of the 68th: A RESOLUTION commending Paula Webster; and for other purposes.
HR 1676. By Representative Unterman of the 84th: A RESOLUTION commending Carol Mushett Johnson, M.Ed., C.S.W., C.T.R.S.; and for other purposes.
HR 1677. By Representative Borders of the 177th: A RESOLUTION commending the Morningside Baptist Church Wild Game Supper; and for other purposes.
HR 1678. By Representatives Teague of the 58th, Teper of the 61st, Maddox of the 72nd, Ragas of the 64th and Mobley of the 69th:
3634
JOURNAL OF THE HOUSE
A RESOLUTION expressing regret at the passing of Ephraim Bryan Pellom; and for other purposes.
HR 1679. By Representatives Teague of the 58th, Teper of the 61st, Maddox of the 72nd, Ragas of the 64th and Mobley of the 69th:
A RESOLUTION expressing regret at the passing of Ola Bell Legg Osborn; and for other purposes.
HR 1680. By Representatives Teague of the 58th, Teper of the 61st, Maddox of the 72nd, Ragas of the 64th and Mobley of the 69th:
A RESOLUTION expressing regret at the passing of Sarah Ann Gates Arnold; and for other purposes.
HR 1681. By Representative Orrock of the 56th:
A RESOLUTION commending and welcoming the participants in the U.S.Japan Exchange on Women in Public Policy; and for other purposes.
HR 1682. By Representatives Ashe of the 46th, Mobley of the 69th and McClinton of the 68th:
A RESOLUTION recognizing and commending Joseph R. Gladden, Jr.; and for other purposes.
HR 1683. By Representatives Buckner of the 95th, Barnes of the 97th, Dodson of the 94th, Seay of the 93rd and Jordan of the 96th:
A RESOLUTION recognizing and commending the players and coach of the 2002 All-Southern Crescent Girls Basketball Team; and for other purposes.
HR 1684. By Representatives Buckner of the 95th, Barnes of the 97th, Seay of the 93rd, Dodson of the 94th, Rogers of the 20th and others:
WEDNESDAY, APRIL 10, 2002
3635
A RESOLUTION recognizing and commending the players and coaches of the 2002 All-Southern Crescent Boys Basketball Team; and for other purposes.
HR 1685. By Representatives Jenkins of the 110th, Murphy of the 18th and Walker of the 141st:
A RESOLUTION recognizing and commending Marty Lung of Legislative Counsel; and for other purposes.
HR 1686. By Representatives Brooks of the 54th and Seay of the 93rd:
A RESOLUTION honoring the life of Mrs. Emma Jean Beasley Watkins and expressing sympathy upon her passing; and for other purposes.
HR 1687. By Representatives Brooks of the 54th, Mobley of the 69th and McClinton of the 68th:
A RESOLUTION honoring the Reverend William Smith; and for other purposes.
HR 1688. By Representatives Buckner of the 95th, Westmoreland of the 104th, Jordan of the 96th, Seay of the 93rd, Dodson of the 94th and others:
A RESOLUTION commending Pat Robertson; and for other purposes.
HR 1689. By Representative Harbin of the 113th:
A RESOLUTION commending William S. "Bill" Jackson, Sr.; and for other purposes.
HR 1690. By Representatives Day of the 153rd, Mueller of the 152nd, Jackson of the 148th, Stephens of the 150th, Pelote of the 149th and others:
3636
JOURNAL OF THE HOUSE
HR 1691. By Representatives Stephens of the 150th, Byrd of the 170th, Mueller of the 152nd, Bordeaux of the 151st and Pelote of the 149th:
A RESOLUTION commending Patricia Lyons; 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
Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield
Birdsong Y Black Y Boggs
Bordeaux Y Borders
Bridges 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 Childers Coan E Coleman, B Coleman, T Y Collins Connell Cooper
Y Cox Y Crawford Y Cummings Y Davis
Day Dean Y Deloach, B Y Deloach, G Dix Y Dodson Y Drenner Dukes E Ehrhart Epps Y Everett Floyd Forster Franklin Y Gardner E Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner E Harbin Y Harrell Heard Heckstall Y Hembree Henson Y Hines Holland Holmes Houston Howard
Hudgens Y Hudson, N Y Hudson, S
Hugley Irvin E Jackson, B Jackson, L Y James Y Jamieson Jenkins Y Jennings Y Johnson Jordan Joyce Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Lord Lucas Lunsford Maddox E Mangham Y Manning Y Massey Y McBee Y McCall McClinton McKinney Y Millar Mills Mobley Y Morris Y Mosley
Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons
Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Ray Reece Reed Reichert Y Rice Y Richardson Y Roberts, D Roberts, L Y Rogers Y Royal Sailor Y Sanders Y Scheid Y Scott Seay Y Shanahan Y Shaw Y Sholar Sims Sinkfield Skipper
Smith, B Y Smith, C
Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling
Snow Squires Y Stallings Stanley Stanley-Turner Y Stephens Y Stokes Taylor Teague Y Teper Y Tillman Turnquest Y Twiggs Y Unterman Y Walker, L Walker, R.L Watson West Y Westmoreland Y Wiles Y Wilkinson Y Willard Williams, J Y Williams, R Y Wix Y Yates Murphy, Speaker
On the adoption of the Resolutions, the ayes were 101, nays 0. The Resolutions were adopted.
WEDNESDAY, APRIL 10, 2002
3637
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 1541 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman
Representative Walker of the 141st assumed the chair.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the Senate were taken up for consideration and read the third time:
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.
The following Committee substitute was read:
3638
JOURNAL OF THE HOUSE
A BILL
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 change certain provisions relating to the state sexual offender registry; 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 punishments for violators; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the general provisions of penal institutions, is amended in Code Section 42-1-12, relating to the State Sexual Offender Registry, is amended by striking in their entirety subsections (a) through (c) and subsection (h) and inserting in their respective places the following:
"(a) As used in this Code section, the term: (1) 'Appropriate state official' means: (A) With respect to an offender who is sentenced to probation without any sentence of incarceration in the state prison system or who is sentenced pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, the Division of Probation of the Department of Corrections; (B) With respect to an offender who is sentenced to a period of incarceration in a prison under the jurisdiction of the Department of Corrections and who is subsequently released from prison or placed on probation, the commissioner of corrections or his or her designee; and (C) With respect to an offender who is placed on parole, the chairperson of the State Board of Pardons and Paroles or his or her designee. (2) 'Board' means the Sexual Offender Registration Review Board. (2.1) 'Change in enrollment status' or 'change in employment status' means the commencement or termination of enrollment or employment. (2.2) 'Change in vocation status' means the commencement or termination of a vocation. (3) 'Conviction' includes a final judgment of conviction entered upon a verdict or finding of guilty of a crime, a plea of guilty, or a plea of nolo contendere. Unless otherwise required by federal law, a defendant who is discharged without adjudication of guilt and who is not considered to have a criminal conviction pursuant to Article 3
WEDNESDAY, APRIL 10, 2002
3639
of Chapter 8 of this title, relating to first offenders, shall not be subject to the registration requirements of this Code section.
(4)(A) 'Criminal offense against a victim who is a minor' with respect to convictions occurring on or before June 30, 2001, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of:
(i) Kidnapping of a minor, except by a parent; (ii) False imprisonment of a minor, except by a parent; (iii) Criminal sexual conduct toward a minor; (iv) Solicitation of a minor to engage in sexual conduct; (v) Use of a minor in a sexual performance; (vi) Solicitation of a minor to practice prostitution; or (vii) Any conviction resulting from an underlying sexual offense against a victim who is a minor. (B) 'Criminal offense against a victim who is a minor' with respect to convictions occurring after June 30, 2001, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of: (i) Kidnapping of a minor, except by a parent; (ii) False imprisonment of a minor, except by a parent; (iii) Criminal sexual conduct toward a minor; (iv) Solicitation of a minor to engage in sexual conduct; (v) Use of a minor in a sexual performance; (vi) Solicitation of a minor to practice prostitution; (vii) Use of a minor to engage in any sexually explicit conduct to produce any visual medium depicting such conduct; (viii) Creating, publishing, selling, or distributing any material depicting a minor engaged in sexually explicit conduct; (ix) Transmitting, making, selling, buying, or disseminating by means of a computer any descriptive or identifying information regarding a child for the purpose of offering or soliciting sexual conduct of or with a child or the visual depicting of such conduct; or (x) Any conduct which, by its nature, is a sexual offense against a minor. (C) For purposes of this paragraph, conduct which is criminal only because of the age of the victim shall not be considered a criminal offense if the perpetrator is 18 years of age or younger. (4.1) 'Institution of higher education' means a community college, state university, state college, or independent postsecondary institution. (5) 'Mental abnormality' means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons.
3640
JOURNAL OF THE HOUSE
(6) 'Predatory' means an act directed at a stranger or a person with whom a relationship has been established or promoted for the primary purpose of victimization. (7) 'Sexually violent offense' means a conviction for violation of Code Section 16-6-1, relating to rape; Code Section 16-6-2, relating to aggravated sodomy; Code Section 16-6-4, relating to aggravated child molestation; or Code Section 16-6-22.2, relating to aggravated sexual battery; or an offense that has as its element engaging in physical contact with another person with intent to commit such an offense; or a conviction in a federal court, military court, tribal court, or court of another state or territory for any offense which under the laws of this state would be classified as a violation of a Code section listed in this paragraph. (8) 'Sexually violent predator' means a person who has been convicted on or after July 1, 1996, of a sexually violent offense and who suffers from a mental abnormality or personality disorder or attitude that places the person at risk of perpetrating any future predatory sexually violent offenses. (9) 'Vocation' means any sort of full-time, part-time, or volunteer employment with or without compensation exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year.
(b)(1)(A)(i) On and after July 1, 1996, a person who is convicted of a criminal offense against a victim who is a minor or who is convicted of a sexually violent offense shall register within ten days after his or her release from prison or placement on parole, supervised release, or probation his or her name and current address; place of employment and vocation, if any; the crime of which convicted; school name and address, if any; and the date released from prison or placed on parole, supervised release, or probation with the appropriate sheriffs office as specified in subsection (c) of this Code section in the county where such person will reside for the time period specified in subsection (g) of this Code section. (ii) A person who has previously been convicted of a criminal offense against a victim who is a minor or who has previously been convicted of a sexually violent offense and who is released from prison or placed on parole, supervised release, or probation on or after July 1, 1996, shall register within ten days after such release or placement his or her name and current address; place of employment and vocation, if any; the crime of which convicted; school name and address, if any; and the date released from prison or placed on parole, supervised release, or probation with the appropriate sheriffs office as specified in subsection (c) of this Code section in the county where such person will reside for the time period specified in subsection (g) of this Code section. (iii) On and after July 1, 1999, any resident of Georgia who is convicted under the laws of another state or territory, under the laws of the United States, under the Uniform Code of Military Justice, or in a tribal court of a sexually violent offense or a criminal offense against a victim who is a minor shall register within ten days after his or her release from prison or placement on parole, supervised release, or probation. The information such an offender is required to register shall include
WEDNESDAY, APRIL 10, 2002
3641
his or her name and current address; place of employment and vocation, if any; the crime of which convicted; school name and address, if any; and the date released from prison or placed on parole, supervised release, or probation. Such an offender shall register with the appropriate sheriffs office as specified in subsection (c) of this Code section in the county where such person will reside for the time period specified in subsection (g) of this Code section. (B) A person who is a sexually violent predator shall register within ten days after his or her release from prison or placement on parole, supervised release, or probation the information required under subparagraph (A) of this paragraph with the appropriate sheriffs office as specified in subsection (c) of this Code section in the county where such person will reside. The sheriff may prepare a list of such sexual predators providing each persons name, address, and photograph. The sheriff shall update the list periodically and may post such list in a prominent and visible location in the sheriffs office and each city hall or primary administration building of every incorporated municipality within the county. Such list shall also be made available upon request to any public or private elementary, secondary, or postsecondary school or educational institution located in the county. (2) (A) Upon a determination that an offender is guilty of a sexually violent offense, the court may request a report from the Sexual Offender Registration Review Board as to the likelihood that the offender suffers from a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense. The report shall be requested as a matter of course for any offender with a history of sexually violent offenses. The court shall provide the Sexual Offender Registration Review Board with any information available to assist the board in rendering an opinion. The board shall have 60 days from receipt of the courts request to respond with its report. After receiving a recommendation from the Sexual Offender Registration Review Board that a convicted sexually violent offender be classified as a sexually violent predator, the sentencing court shall so inform the offender and shall set a date to conduct a hearing affording the offender the opportunity to present testimony or evidence relevant to the recommended classification. After the hearing and within 60 days of receiving the report, the court shall issue a ruling as to whether or not the offender shall be classified as a sexually violent predator. If the court determines the offender to be a sexually violent predator, such fact shall be communicated in writing to the appropriate state official and to the Georgia Bureau of Investigation. (B) The Sexual Offender Registration Review Board shall be composed of three professionals licensed under Title 43 and knowledgeable in the field of the behavior and treatment of sexual offenders; at least one representative from a victims rights advocacy group or agency; and at least one representative from two representatives from law enforcement, each of whom is either employed by a law enforcement agency who is as a certified as a peace officer under Title 35 or retired from such employment. The members of such board shall be appointed by the commissioner of human resources for terms of four years. Members of the board shall take office on
3642
JOURNAL OF THE HOUSE
the first day of September immediately following the expired term of that office and shall serve for a term of four years and until the appointment of their respective successors. No member shall serve on the board more than two consecutive terms. Vacancies occurring on the board, other than those caused by expiration of a term of office, shall be filled in the same manner as the original appointment to the position vacated for the remainder of the unexpired term and until a successor is appointed. Members shall be entitled to an expense allowance and travel cost reimbursement the same as members of certain other boards and commissions as provided in Code Section 45-7-21. (C) The Sexual Offender Review Board shall be attached to the Department of Human Resources for administrative purposes and provided there is adequate funding provided shall:
(i) Exercise its quasi-judicial, rule-making, or policy-making functions independently of the department and without approval or control of the department; (ii) Prepare its budget, if any, and submit its budgetary requests, if any, through the department; and (iii) Hire its own personnel if authorized by the Constitution of this state or by statute or if the General Assembly provides or authorizes the expenditure of funds therefor. (3) (A) If a person who is required to register under this Code section is released from prison or placed on parole, supervised release, or probation, the appropriate state official shall: (i) Inform the person of the duty to register and obtain the information required under subparagraph (A) of paragraph (1) of this subsection for such registration; (ii) Inform the person that, if the person changes residence address, employment address, or vocation address, school name, school address, or enrollment status, the person shall give the new address information to the sheriff or sheriffs with whom the person last registered and the sheriff or sheriffs of the county to which the person is changing residence address, employment address, vocation address, school name, school address, or enrollment status, not later than ten days after the change of address information. Following such notification, the sheriffs office shall notify immediately the Georgia Bureau of Investigation through the Criminal Justice Information System (CJIS) of each change of address information; (iii) Inform the person that the person must register in any state where the person is employed or carries on a vocation or is a student; (iv) Inform the person that, if the person changes residence to another state, the person shall register the new address with the sheriff or sheriffs with whom the person last registered, and that the person shall also register with a designated law enforcement agency in the new state not later than ten days after establishing residence in the new state;
WEDNESDAY, APRIL 10, 2002
3643
(v) Obtain fingerprints and a photograph of the person if such fingerprints and photograph have not already been obtained in connection with the offense that triggered the initial registration; and (vi) Require the person to read and sign a form stating that the duty of the person to register under this Code section has been explained. A copy of this form and any other registration information furnished by the Department of Corrections shall be forwarded to the Georgia Bureau of Investigation. (B) In addition to the requirements of subparagraph (A) of this paragraph, for a person required to register under subparagraph (B) of paragraph (1) of this subsection, the appropriate state official shall obtain the name of the person; descriptive physical and behavioral information to assist law enforcement personnel in identifying the person; known current or proposed residence addresses of the person; place of employment, if any; offense history of the person; and documentation of any treatment received for any mental abnormality or personality disorder of the person; provided, however, that the appropriate state official shall not be required to obtain any information already on the criminal justice information system of the Georgia Crime Information Center. (C) The Georgia Crime Information Center shall create criminal justice information system network transaction screens by which appropriate state officials shall enter original data required by this Code section including residence address, school name, school address, enrollment status, and employment and vocation address and status. Screens shall also be created for sheriffs offices for the entry of record confirmation data; employment; changes of residence, school, or employment; or other pertinent data and to assist in offender identification. (D) Any person changing residence from another state or territory of the United States to Georgia who is required to register under federal law or the laws of another state, territory, or tribal authority or who has been convicted of an offense in another state, territory, or tribal authority which would require registration under this Code section if committed in this state shall comply with the registration requirements of this Code section. Such person shall register the new address and employment information with the appropriate sheriff of the county as specified in subsection (c) of this Code section not later than ten days after the date of establishing residency in this state. Upon the persons registration with the sheriff of the county of new residence, the sheriff or his or her designee shall forward the registration information to the Georgia Bureau of Investigation. The sheriff or his or her designee shall obtain any needed information concerning the registrant, including fingerprints and a photograph of the person if such fingerprints and photograph have not previously been obtained within the State of Georgia. In addition, the sheriff or his or her designee shall inform the person of the duty to report any change of address as otherwise required in this Code section. The Georgia Bureau of Investigation shall forward such information in the manner described in subsection (c) of this Code section. (E) The following persons are also required to register:
3644
JOURNAL OF THE HOUSE
(i) Any nonresident who enters this state for the purpose of employment for a period exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year and who is required to register under federal law, military law, tribal law, or the laws of another state or territory, which, based on an act, would require registration under this Code section; or (ii) Any nonresident who enters this state for the purpose of attending school as a full-time or part-time student and who is required to register under federal law, military law, tribal law, or the laws of another state or territory, which, based on an act, would require registration under this Code section. Any person required to register by this subparagraph shall not later than ten days after the person enters the state register with the sheriff of the county of his or her temporary address, with the sheriff of the county of his or her employment, and with the sheriff of the county in which the person is attending school. The information registered shall include the persons temporary address, permanent address in the persons state of residence, employment and vocation address, or and school name, school address, and enrollment status. Upon the persons registration, the sheriff or the sheriffs designee shall forward the registration information to the Georgia Bureau of Investigation. The sheriff or the sheriffs designee shall obtain the fingerprints and photograph of the person, if the persons fingerprints and photograph have not previously been obtained in Georgia. The sheriff or the sheriffs designee shall inform the person of his or her duty to report any change in temporary residence, permanent residence, employment and vocation address, or and status, school name, school address, or enrollment status. (c)(1) The appropriate state official shall, within three days after receipt of information described in paragraph (3) of subsection (b) of this Code section, forward such information to the Georgia Bureau of Investigation. Once the data is entered into the criminal justice information system by the appropriate state official or sheriff, the Georgia Crime Information Center, where appropriate, shall immediately notify the sheriff of the persons county of residence, either permanent or temporary, the sheriff of the county of employment, and the sheriff of the county where the person attends school. The Georgia Bureau of Investigation shall also immediately transmit the conviction data and fingerprints to the Federal Bureau of Investigation. It shall be the duty of the sheriff of each county within this state to maintain a register of the names and addresses of all registered offenders within the sheriffs jurisdiction whose names have been provided by the Georgia Bureau of Investigation to the sheriff under this Code section. The Georgia Bureau of Investigation shall establish operating policies and procedures concerning record ownership, quality, verification, modification, and cancellation and shall perform mail out and verification duties on a quarterly basis. The Georgia Bureau of Investigation shall send each month criminal justice information system network messages to sheriffs listing offenders due for verification. The bureau shall also create a photo image file from original entries and provide such entries to sheriffs to assist in offender identification and verification. (2) Any person who is required to register under this Code section and who is enrolled, employed, or carries on a vocation at an institution of higher education in
WEDNESDAY, APRIL 10, 2002
3645
this state shall provide the name, address, and county of each institution including each campus attended and the persons position or enrollment status, as well as any change in enrollment, employment, or vocation status. This paragraph shall be accomplished in a manner specified in subparagraphs (b)(1)(A), (b)(1)(B), (b)(3)(A), (b)(3)(D), and (b)(3)(E) of this Code section. (3) The Georgia Bureau of Investigation shall establish operating policies and procedures in order to provide prompt notice of offender registration and any change in status information contained in paragraph (2) of this subsection to any law enforcement agency having jurisdiction where an institution of higher education is located and to include notification to the campus police if appropriate for the institution of higher education. The law enforcement agency or agencies having jurisdiction where an institution of higher education is located shall provide a statement advising the campus community where law enforcement agency information may be obtained as provided by the state under 20 U.S.C. 1092 (f)(1) and 42 U.S.C. 1407 (j), concerning registered sex offenders. This information may be obtained at the law enforcement office of the institution, a local law enforcement agency with jurisdiction for the campus, or via the Georgia Bureau of Investigations Web page." "(h) Any person who is required to register under this Code section and who fails to comply with the requirements of this Code section or who provides false information shall be guilty of a misdemeanor felony and shall be punished by imprisonment for not less than one nor more than three years; provided, however, that upon the conviction of the second or subsequent offense under this subsection, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years or by a fine in an amount of up to $100,000.00, or both."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Hugley of the 133rd and Roberts of the 132nd move to amend the Committee substitute to SB 433 by inserting after "violators;" on line 9 of page 1 the following:
"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
3646
JOURNAL OF THE HOUSE
obtain a list of registered sexual offenders from the Georgia Bureau of Investigations Internet website;".
By redesignating Section 2 as Section 3.
By inserting after Section 1 the following:
"SECTION 2. Said Code section is further amended by inserting 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. 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. The Department of Education shall make such information available to any private school upon request. (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.'".
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
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
Y Ashe Y Bannister
Barnard Y 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 Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins
Connell Y Cooper
WEDNESDAY, APRIL 10, 2002
Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner
Dukes E Ehrhart
Epps Y Everett
Floyd Y Forster Y Franklin Y Gardner E Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner E Harbin Y Harrell
Heard Y Heckstall Y Hembree Y Henson Y Hines
Holland Y Holmes Y Houston
Howard
Y Hugley Y Irvin E Jackson, B Y Jackson, L
James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce
Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford E Maddox E Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills
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
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 Sinkfield Y Skipper
3647
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 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 Bill, by substitute, as amended, the ayes were 141, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
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.
3648
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
Boggs Bordeaux Y Borders Bridges Brooks Y Broome Y Brown Y Buck Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B 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
Dukes E Ehrhart
Epps Y Everett
Floyd Y Forster Y Franklin Y Gardner E Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner E Harbin Y Harrell
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 E Jackson, B Y Jackson, L
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 E Maddox E 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 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 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 Teague Y Teper Tillman Y Turnquest Y Twiggs Y Unterman Walker, L Y Walker, R.L Y Watson 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, the ayes were 140, nays 0. The Bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, APRIL 10, 2002
3649
Representatives 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.
The Speaker assumed the Chair.
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.
The following Committee substitute was read:
A RESOLUTION
Conveying the reversionary 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 repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia has heretofore conveyed a certain tract of land located in Glynn County, Georgia, to Boys Estate Incorporated, a charitable organization, so that the said property might be developed and used as a charitable home for underprivileged boys; and
WHEREAS, the said conveyance was authorized by resolution of the General Assembly, found at Ga. L. 1946, p. 709; and
WHEREAS, the said conveyance was made upon the condition that the said property be used for the exclusive purpose of a charitable home for underprivileged boys, the said condition being expressed as a reverter, which upon its occurrence, will cause the title to the property to revert to the State of Georgia; and
3650
JOURNAL OF THE HOUSE
WHEREAS, thereafter and in line with enacted legal requirements and an expansion of its original charitable purpose, Boys Estate Incorporated became Youth Estate, Inc., and began providing a home for underprivileged youth, regardless of sex; and
WHEREAS, by a resolution of the General Assembly found at Ga. L. 1978, p. 2143, a second conveyance of said property was authorized and made, which expanded the reverter condition to be that the property is to be used for the exclusive purpose of providing a charitable home and related facilities for underprivileged youth and that, should the property cease to be used for such purpose for a period of two years, the property is to revert to the state Department of Natural Resources or its successor agency, and with the further condition that in the event title to said property should revert to the state, any and all improvements placed thereon shall become and be the property of the State of Georgia; and
WHEREAS, there exists an urgent need to renovate certain facilities located upon the property in order to increase the number of children who may be served, but such renovations are prevented by the current owners inability to obtain bank financing because of the reverter condition contained in the deeds from the state; and
WHEREAS, the activities of the current owner, Morningstar Treatment Services, Inc., serve the public interest in this state in that the facility is a certified MATCH facility through the Department of Family and Children Services (DFCS) of the Department of Human Resources (DHR) of the State of Georgia; and
WHEREAS, the Department of Natural Resources has no present or future use for the property, having been unable to develop it in 1946 as a park as was originally intended when the state acquired the property; and
WHEREAS, Morningstar Treatment Services, Inc., has expressed an interest in acquiring the State of Georgias reversionary interest in not more than 25 acres of the property originally conveyed to Boys Estate, Inc., said property being the location of the developed tract upon which Morningstar Treatment Services, Inc., facilities are located; and
WHEREAS, it is only fitting and proper that the state recognize the owners expanded worthy purposes of serving all young people by permitting use of the facility without hindrance from the impossibility of obtaining needed financing caused by the reverter condition; and
WHEREAS, the said property located in Glynn County, Georgia, consists of not more than 25 acres of property which is a portion of the tract which is more particularly described as follows:
WEDNESDAY, APRIL 10, 2002
3651
"A tract of land containing 350 1/2 acres, more or less, beginning at a point on the north side of local county road, leading from the Coastal Highway to Altama plantation at the center of the abandoned Brunswick-Altamaha Canal, running south 89 degrees and 14N west, a distance of 712.0 feet to a concrete marker; thence north 37 degrees 0N west, a distance of 1134.0 feet to a concrete marker; thence north 13 degrees and 47N west, a distance of 722.9 feet to a concrete marker; thence north 37 degrees 16N west, a distance of 553.2 feet to a concrete marker; thence north 8 degrees and 8N west, a distance of 1045.6 feet to a concrete marker and thence north 28 degrees and 11N east, a distance of 1062 1/2 feet, along an old dam to a concrete marker; thence south 48 degrees east, a distance of 804.6 feet to a concrete marker; thence north 2 degrees and 36N east, a distance of 5305.0 feet along the center of an old rice field drainage ditch to a concrete marker; thence north 87 degrees and 24N west, a distance of 80.0 feet to the bank of the South Altamaha River; thence meandering along the bank of the South Altamaha River to the north and east, to a point in the center of the BrunswickAltamaha Canal, where it flows into the South Altamaha River; thence along the center of the Brunswick-Altamaha Canal (abandoned) to the beginning point on the edge of the county road. This area is bounded on the west by the lands of Cator Woolford; on the north by the South Altamaha River; on the east by the Brunswick-Altamaha Canal (abandoned); and on the south by a local county road."
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. That the State of Georgia is the owner of a reversionary interest in the above-described real property and that in all matters relating to the conveyance of the real property interest the State of Georgia is acting by and through its State Properties Commission.
SECTION 2. That the above-described real property interest in not more than 25 acres may be conveyed by appropriate instrument to Morningstar Treatment Services, Inc., by the State of Georgia, acting by and through the State Properties Commission, for a consideration of the fair market value but not less than $650.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 3. That should Morningstar Treatment Services, Inc., or its successors or assigns, determine the need to convey all or a portion of the above-described property, containing not more than 25 acres, then prior to any such conveyance, the property must first be offered for reconveyance to the State of Georgia, acting by and through its State Properties Commission, for a consideration of the sum the state received upon the conveyance of the property as authorized by this resolution, plus the cost of any subsequent improvements
3652
JOURNAL OF THE HOUSE
placed on the property, and such offer for reconveyance shall remain in effect until adjournment sine die of the next regular session of the General Assembly following such offer of reconveyance.
SECTION 4. That the authorization in this resolution to convey the above described property interest to Morningstar Treatment Services, Inc., shall expire three years after the date that this resolution becomes effective.
SECTION 5. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 6. That the instrument of conveyance 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 7. That all laws and parts of laws in conflict with this resolution are repealed.
The following amendment was read and adopted:
Representative Mueller of the 152nd moves to amend the Committee substitute to SR 852 by striking line 4 on page 1 and inserting in lieu thereof the following:
"Treatment Services, Inc.; authorizing the conveyance of certain state owned real property or real property interest located in Chatham County, Georgia; to repeal conflicting laws; and for other purposes."
By adding between lines 4 and 5 on page 1 the following:
"Part I".
By adding after line 12 on page 4 the following:
"Part II WHEREAS, the State of Georgia claims ownership to all coastal marshlands below the high-water mark not specifically conveyed by a crown grant or grant of the Georgia General Assembly; and
WEDNESDAY, APRIL 10, 2002
3653
WHEREAS, Tidewater Boatworks, Inc., operates a marina on the Wilmington River on property which has been the site of a marina for over 100 years and was the original site of the Savannah Yacht Club; and
WHEREAS, in the early 1800's, the Georgia General Assembly granted certain properties, including high ground and marshland, in Chatham County to the Chatham Academy and gave the academy the authority to convey any portion of the property for the benefit of the academy ; and
WHEREAS, Tidewater Boatworks, Inc., is a successor in title to a certain conveyance made by the Chatham Academy to the site of the above-mentioned marina; and
WHEREAS, ownership in title to a portion of the above-mentioned Tidewater Boatworks, Inc., marina site of marshland and high ground is unclear; and
WHEREAS, Tidewater Boatworks, Inc., is desirous of conveying its claim and interest, if any, in approximately 2 acres of marshland in exchange for the state's conveying its claim and interest, if any, in approximately 2.09 acres of high ground.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. That in all matters relating to the conveyance of the herein described state owned real property or real property interest in Chatham County, Georgia, and the acceptance of the herein described Tidewater Boatworks, Inc., owned real property or real property interest 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, is authorized and empowered to convey the State of Georgia's interest, if any, in approximately 2.09 acres of high ground in Chatham County as described on a plat of survey prepared for Tidewater Boatworks, Inc., dated June 5, 2001, by Vincent Helmly, Georgia Registered Land Surveyor #1882 by appropriate instrument to Tidewater Boatworks, Inc., and to accept as consideration therefor from Tidewater Boatworks, Inc., a conveyance of approximately 1.25 acres of marshland in Chatham County as described on a plat of survey prepared for Tidewater Boatworks, Inc., dated June 5, 2001, by Vincent Helmly, Georgia Registered Land Surveyor #1882 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 3.
3654
JOURNAL OF THE HOUSE
That the above-described property 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 4. That the authorization in this resolution to convey the above-described property to Tidewater Boatworks, Inc., shall expire three years after the date this resolution becomes effective.
SECTION 5. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such exchange.
SECTION 6. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 7. That all laws and parts of laws in conflict with this resolution are repealed."
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
Bannister Y Barnard Y Barnes Y Bell
Benfield Y Birdsong Y Black Y Boggs
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 Y Drenner Y Dukes E Ehrhart Y Epps Y Everett Floyd
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin E Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye
Keen
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 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 Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
WEDNESDAY, APRIL 10, 2002
Y Forster Y Franklin Y Gardner E Golick Y Grasse 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 Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford E Maddox
Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
Y Reece Y Reed
Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders
Scheid Y Scott
Seay Y Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper
3655
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
Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
On the adoption of the Resolution, by substitute, as amended, the ayes were 153, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute, as amended.
Representative Mueller of the 152nd moved that the House reconsider its action in adopting SR 852.
On the motion, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson Y Anderson Y Ashe Y Bannister
Barnard Y Barnes Y Bell
Benfield Y Birdsong
Black Y Boggs
Bordeaux Y Borders
Bridges Brooks Y Broome Y Brown Y Buck
Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner
Dukes E Ehrhart Y Epps Y Everett
Floyd Y Forster N Franklin Y Gardner
Y Hudgens Y Hudson, N Y Hudson, S
Hugley Y Irvin E 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
Mueller Y Muntean
O'Neal Y Orrock Y Parham
Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Ray Y Reece Y Reed Reichert
Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Snelling Y Snow Y Squires Y Stallings N Stanley Y Stanley-Turner Y Stephens Y Stokes Taylor Teague Y Teper
3656
Buckner Y Bulloch N Bunn
Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash
Channell Y Childers Y Coan E Coleman, B
Coleman, T Y Collins
Connell Cooper
JOURNAL OF THE HOUSE
E Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner E Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston Y Howard
Lewis Lord Y Lucas Y Lunsford E Maddox Y Mangham Y Manning Y Massey Y McBee McCall Y McClinton McKinney Millar Y Mills Y Mobley Y Morris Y Mosley
Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor N Sanders Y Scheid Y Scott
Seay Y Shanahan
Shaw Y Sholar
Sims Y Sinkfield Y Skipper
On the motion, the ayes were 122, nays 4. The motion prevailed.
Tillman Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson
West Westmoreland Y Wiles Y Wilkinson Willard Williams, J Williams, R Y Wix Y Yates Murphy, Speaker
By unanimous consent, the Mueller amendment was withdrawn.
The Committee substitute was adopted.
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
Y Cox Y Crawford Y Cummings Y Davis
Day Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes E Ehrhart Y Epps
Y Hudgens Y Hudson, N Y Hudson, S
Hugley Y Irvin E Jackson, B
Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce
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 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
Bridges Brooks Y Broome Y Brown Y Buck Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Coleman, T Y Collins Connell Y Cooper
WEDNESDAY, APRIL 10, 2002
Y Everett Y Floyd Y Forster Y Franklin Y Gardner E Golick Y Grasse 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 Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford E Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley
Morris Y Mosley
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 Sinkfield Y Skipper
3657
Y Stephens Y Stokes
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 Williams, J Y Williams, R Y Wix Y Yates Murphy, Speaker
On the adoption of the Resolution, by substitute, the ayes were 147, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
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.
The following Senate amendment was read:
3658
JOURNAL OF THE HOUSE
Amend HB 1482 by striking "subsection (c)" and inserting in its place "subsections (c) and (e)" on line 10 of page 1.
By inserting between lines 2 and 3 on page 2 the following:
"'(e) If the project appears to meet the criteria set out in this Code section, the governing authority of the local government may by resolution approve the project and submission of the project application to the Department of Community Affairs for review and action. Upon a determination by the commissioner that the project will confer substantial benefits upon the local jurisdiction, application of not more than one of the criteria set forth in this Code section or the rules and regulations promulgated pursuant to this article may be waived.'".
Representative Lucas of the 124th moved that the House agree to the Senate amendment to HB 1482.
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
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 Y Burkhalter N Burmeister Y Byrd N Callaway Y Campbell N Cash Y Channell Y Childers N Coan
Y Cox Y Crawford Y Cummings N Davis Y Day
Dean Y Deloach, B Y Deloach, G N Dix Y Dodson Y Drenner
Dukes E Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Gardner E Golick Y Grasse Y Graves Y Greene
Hammontree Y Hanner E Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson
N Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin E Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce Y Kaye Y Keen N Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford E Maddox Y Mangham Y Manning N Massey Y McBee Y McCall Y McClinton
McKinney
Y Mueller N Muntean Y O'Neal
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 N Rice N Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor N Sanders
Scheid Y Scott
Seay Y Shanahan
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
Tillman Y Turnquest N Twiggs Y Unterman Y Walker, L N Walker, R.L Y Watson
West Y Westmoreland Y Wiles Y Wilkinson Y Willard
E Coleman, B Y Coleman, T Y Collins
Connell Y Cooper
WEDNESDAY, APRIL 10, 2002
Y Hines Y Holland Y Holmes N Houston Y Howard
Y Millar N Mills Y Mobley Y Morris Y Mosley
Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper
On the motion, the ayes were 136, nays 19. The motion prevailed.
3659
Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
Representative Smith of the 19th 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 and Resolutions of the House and Senate were taken up for consideration and read the third time:
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 report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson Y Anderson
Y Cox Y Crawford
Cummings
Y Hudgens Y Hudson, N Y Hudson, S
Y Mueller Y Muntean
O'Neal
Y Smith, B Y Smith, C Y Smith, C.W
3660
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 Y 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 Y 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 E 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 E Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard
Y Hugley Y Irvin E Jackson, B Y Jackson, L
James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford E 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 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
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, 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
Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson
West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Williams, J Y Williams, R Y Wix
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.
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.
WEDNESDAY, APRIL 10, 2002
3661
The following Committee substitute was read and adopted:
A BILL
To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to define criminal negligence; to change the definition of cruelty to children in the second degree; to provide for the crime of endangerment of a child under the age of 16; to provide limitations of criminal liability; to provide for penalties; to provide that the offense is in addition to other punishment; 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 16 of the Official Code of Georgia Annotated, relating to cruelty to children, is amended in Code Section 16-2-1, relating to the definition of a crime, by designating the existing Code section as subsection (a) and adding a new subsection (b) to read as follows:
"(b) Criminal negligence is an act or failure to act which demonstrates a willful, wanton, or reckless disregard for the safety of others who might reasonably be expected to be injured thereby."
SECTION 2. Said title is further amended in Code Section 16-5-70, relating to cruelty to children, by striking subsection (c) and inserting in lieu thereof the following:
"(c) Any person commits the offense of cruelty to children in the second degree when: (1) Such person, who is the primary aggressor, intentionally allows a child under the age of 18 to witness the commission of a forcible felony, battery, or family violence battery; or (2) Such person, who is the primary aggressor, having knowledge that a child under the age of 18 is present and sees or hears the act, commits a forcible felony, battery, or family violence battery.;or (3) Such person, with criminal negligence, causes a child under the age of 18 cruel or excessive physical or mental pain."
SECTION 3. Said title is further amended by adding a new Code Section 16-5-73 to follow Code Section 16-5-72, relating to reckless abandonment, to read as follows:
"16-5-73.
3662
JOURNAL OF THE HOUSE
(a) A person having immediate control or custody of a child under the age of 16 commits the offense of endangering a child if the person intentionally or with criminal negligence places the child in imminent danger of:
(1) Death; or (2) Cruel or excessive physical or mental pain. (b) A person having immediate control or custody of a child under the age of 16 may not be held criminally liable under this Code section if there was a reasonable apprehension in the mind of the person having immediate control or custody of the child that an act or failure to act was justified because the person having immediate control or custody of the child has been the victim of an act of family violence as defined in Code Section 19-13-1. (c) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor. (d) Any violation of this Code section shall be in addition to any other offense as provided by law. (e) Nothing in this Code section shall prohibit the use of the affirmative defense of: (1) Justification where a parent or person in loco parentis conducts reasonable discipline of a child under the age of 16 as provided in paragraph (3) of Code Section 16-3-20; or (2) Any other affirmative defense as provided by law."
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.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Allen N Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong
Black Y Boggs
Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B
Deloach, G Y Dix Y Dodson Y Drenner
Dukes
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin E Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson
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 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
Bordeaux Borders Y Bridges Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
WEDNESDAY, APRIL 10, 2002
E 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 E Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes
Houston Y Howard
Y Jordan N Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford E Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney 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
Sailor Y Sanders Y Scheid Y Scott
Seay Y Shanahan
Shaw Y Sholar
Sims Y Sinkfield Y Skipper
3663
Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y 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
Williams, J Williams, R Y Wix Y Yates Murphy, Speaker
On the passage of the Bill, by substitute, the ayes were 150, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Due to a mechanical malfunction, the vote of Representative Bordeaux of the 151st was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Borders of the 177th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
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.
3664
JOURNAL OF THE HOUSE
The following Committee substitute was read:
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; authorizing the granting of a nonexclusive easement for operation and maintenance of pipeline in, under, across, or through property owned by the State of Georgia in Effingham County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of a certain river bottom located in Chatham County upon which there is a structure suitable for human habitation which was built in 1937 by owners who claimed a right of use of said river bottom; and
WHEREAS, this structure is assessed by Chatham County for ad valorem taxes which are paid annually by Mr. Henry Nanniga and Ms. Joan Nanniga Nichols, the owners of said structure; and
WHEREAS, the said structure may be identified as that structure (hereinafter in this resolution referred to and described as "the structure") which is presently located in the river and stream immediately adjacent to the property owned by Mr. Henry Nanniga and Ms. Joan Nanniga Nichols and identified in the Chatham County property and tax records as Property Information No. (PIN) 1-0135-01-004, a copy of said county tax map being on file in the office of the State Properties Commission; and
WHEREAS, the said structure is physically in compliance with all applicable state and federal laws concerning permits, building codes, and sewage disposal; and
WHEREAS, it is desirable and will be a benefit to the State of Georgia and Chatham County to clarify the status of the title and right of the owners of said structure to use, occupy, and maintain the structure upon which they have paid taxes for over six decades by granting to them a nonexclusive easement in and to the states property for the use, occupancy, and maintenance of said structure only; and
WHEREAS, the State of Georgia is the owner of certain real property water bottoms located in Effingham County, Georgia; and
WHEREAS, SCG Pipelines, Inc., a wholly owned subsidiary of SCANA Corporation, is proposing to construct an interstate pipeline from Southern LNGs Elba Island, Georgia,
WEDNESDAY, APRIL 10, 2002
3665
liquefied natural gas import terminal to southern South Carolina and north coastal Georgia; and
WHEREAS, in order to accomplish the above-mentioned project it will be necessary to cross the above-described state owned water bottoms of the Savannah River in Effingham County, Georgia; and
WHEREAS, the Department of Natural Resources, under whose custody the abovedescribed property is maintained, has no objection to the granting of the easement authorized herein.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I SECTION 1.
(a) That the State of Georgia is the owner of the river bottom in Chatham County hereinabove described upon which the structure described above is located and that, in all matters relating to the conveyance of a nonexclusive easement to the owners of the structure, the State of Georgia is acting by and through its State Properties Commission. (b) That a nonexclusive easement for the use, occupancy, and maintenance of any structure described above shall be granted by appropriate instrument to Mr. Henry Nanniga and Ms. Joan Nanniga Nichols, the owners of such structure, by the State of Georgia, acting by and through its State Properties Commission, for a consideration of $10.00 and upon such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. (c) That the area of the nonexclusive easement granted such owners shall be no more than is reasonably necessary for the owners to use, occupy, and maintain the structure located thereon as of March 1, 2001, 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. (d) That no title shall be conveyed to the owners of such structure, and, except as herein specifically granted to such owners, 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 said owners. (e) That any easement granted to Mr. Henry Nanniga and Ms. Joan Nanniga Nichols, the owners of such structure, 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
3666
JOURNAL OF THE HOUSE
description of the easement area to be granted, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. (f) That the grant of easement given to Mr. Henry Nanniga and Ms. Joan Nanniga Nichols, the owners of the structure, shall be recorded by the said owners in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 2. That the authorization in this resolution to grant the nonexclusive easement to Mr. Henry Nanniga and Ms. Joan Nanniga Nichols, the owners of the structure, shall expire three years after the date that this resolution becomes effective.
SECTION 3. 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 4.
That the State of Georgia is the owner of the hereinafter described real property in Effingham 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 5. That the State of Georgia, acting by and through its State Properties Commission, may grant to SCG Pipeline, Inc., or its successors and assigns, a nonexclusive easement for the operation and maintenance of a pipeline in, under, upon, across, or through the easement area for the purpose of maintaining, repairing, replacing, inspecting, and operating a pipeline 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 Effingham County, Georgia, and begins at the high water mark on the southern bank of the Savannah River and extends northward to the GeorgiaSouth Carolina boundary, a width of 50 feet, and is more particularly described as follows:
That portion and that portion only as shown in orange on a plat of survey entitled "Easement Survey SCG Pipeline Project Proposed 20" Pipeline Project", January 18, 2002, prepared by William F. Todd Georgia Registered Land Surveyor # 2506F and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
WEDNESDAY, APRIL 10, 2002
3667
SECTION 6. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said pipeline.
SECTION 7. That SCG Pipeline, Inc., 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 pipeline.
SECTION 8. That, after SCG Pipeline, Inc., has put into use the pipeline 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, SCG Pipeline, Inc., 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 9. That no title shall be conveyed to SCG Pipeline, Inc., and, except as herein specifically granted to SCG Pipeline, Inc., 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 SCG Pipeline, Inc.
SECTION 10. 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 SCG Pipeline, Inc., 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 SCG Pipeline, Inc. 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.
3668
JOURNAL OF THE HOUSE
SECTION 11. That the easement granted to SCG Pipeline, Inc., 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 12. 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 13. That this grant of easement shall be recorded by the grantee in the Superior Court of Effingham County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 14. That the authorization in this resolution to grant the above-described easement to SCG Pipeline, Inc., shall expire three years after the date that this resolution becomes effective.
SECTION 15. 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 16.
That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 17. That all laws and parts of laws in conflict with this resolution are repealed.
The following amendment was read and adopted:
Representative Mueller of the 152nd moves to amend the Committee substitute to SR 854 by adding after the word and symbol "Georgia;" on line 5 the following:
WEDNESDAY, APRIL 10, 2002
3669
"authorizing the conveyance of certain state owned real property or real property interest located in Chatham County, Georgia;"
By adding between lines 6 and 7 on page 1 the following:
"Part I".
By adding after line 11 on page 6 the following:
"Part II WHEREAS, the State of Georgia claims ownership to all coastal marshlands below the high-water mark not specifically conveyed by a crown grant or grant of the Georgia General Assembly; and
WHEREAS, Tidewater Boatworks, Inc., operates a marina on the Wilmington River on property which has been the site of a marina for over 100 years and was the original site of the Savannah Yacht Club; and
WHEREAS, in the early 1800's, the Georgia General Assembly granted certain properties, including high ground and marshland, in Chatham County to the Chatham Academy and gave the academy the authority to convey any portion of the property for the benefit of the academy ; and
WHEREAS, Tidewater Boatworks, Inc., is a successor in title to a certain conveyance made by the Chatham Academy to the site of the above-mentioned marina; and
WHEREAS, ownership in title to a portion of the above-mentioned Tidewater Boatworks, Inc., marina site of marshland and high ground is unclear; and
WHEREAS, Tidewater Boatworks, Inc., is desirous of conveying its claim and interest, if any, in approximately 2 acres of marshland in exchange for the state's conveying its claim and interest, if any, in approximately 2.09 acres of high ground.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. That in all matters relating to the conveyance of the herein described state owned real property or real property interest in Chatham County, Georgia, and the acceptance of the herein described Tidewater Boatworks, Inc., owned real property or real property interest the State of Georgia is acting by and through its State Properties Commission.
3670
JOURNAL OF THE HOUSE
SECTION 2. That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to convey the State of Georgia's interest, if any, in approximately 2.09 acres of high ground in Chatham County as described on a plat of survey prepared for Tidewater Boatworks, Inc., dated June 5, 2001, by Vincent Helmly, Georgia Registered Land Surveyor #1882 by appropriate instrument to Tidewater Boatworks, Inc., and to accept as consideration therefor from Tidewater Boatworks, Inc., a conveyance of approximately 1.25 acres of marshland in Chatham County as described on a plat of survey prepared for Tidewater Boatworks, Inc., dated June 5, 2001, by Vincent Helmly, Georgia Registered Land Surveyor #1882 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 3. That the above-described property 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 4. That the authorization in this resolution to convey the above-described property to Tidewater Boatworks, Inc., shall expire three years after the date this resolution becomes effective.
SECTION 5. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such exchange.
SECTION 6. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 7. That all laws and parts of laws in conflict with this resolution are repealed."
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.
WEDNESDAY, APRIL 10, 2002
3671
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 Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges
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 E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Deloach, B Deloach, G Y Dix Y Dodson Y Drenner Y Dukes E Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner E Golick Y Grasse Y Graves Y Greene Y Hammontree 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 E Jackson, B Y Jackson, L Y James
Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford E Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney 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 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
Sims Sinkfield Y Skipper
Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper
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
On the adoption of the Resolution, by substitute, as amended, the ayes were 157, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute, as amended.
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:
3672
JOURNAL OF THE HOUSE
A RESOLUTION creating the House Paraprofessionals Study Committee; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
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.
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 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 Cox Y Crawford Y Cummings Y Davis Y Day
Dean Deloach, B Deloach, G Y Dix Y Dodson Y Drenner Y Dukes E Ehrhart Y Epps Y Everett Y Floyd 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 E 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 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
Richardson Y Roberts, D Y Roberts, L
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
Tillman Y Turnquest Y Twiggs Y Unterman
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
WEDNESDAY, APRIL 10, 2002
Y Hammontree Hanner
E Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard
E Maddox Y Mangham Y Manning Y Massey Y McBee
McCall Y McClinton
McKinney Millar Y Mills Y Mobley Y Morris Y Mosley
Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott
Seay Y Shanahan
Shaw Y Sholar
Sims Sinkfield Y Skipper
3673
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 154, nays 0. The Resolutions, having received the requisite constitutional majority, were adopted.
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.
The following Committee substitute was read and withdrawn:
A BILL
To amend Code Section 33-6-5 of the Official Code of Georgia Annotated, relating to other unfair methods of competition and unfair and deceptive acts or practices, so as to include the nonrenewal or termination 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 for certain notices; 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:
3674
JOURNAL OF THE HOUSE
SECTION 1. 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, is amended by striking paragraph (12) and inserting in lieu thereof a new paragraph (12) to read as follows:
"(12)(A) No insurer shall cancel, nonrenew, or otherwise terminate all or substantially all of an entire line or class of business unless the insurer demonstrates to the satisfaction of the Commissioner that continuation of such business would violate the provisions of this title or would be hazardous to its policyholders or the public or class of business for the purpose of withdrawing from the market in this state unless:
(i) The insurer has notified the Commissioner in writing of the action, including the reasons for such action, at least one year before the termination by the insurer of any policy becomes effective, provided that this paragraph shall not be construed to prevent such insurer from cancelling, nonrenewing, or terminating policies where the insurer, by contract, statute, or otherwise, has the right to do so; or (ii) The insurer has filed a plan of action for the orderly cessation of the insurers business within a period of time shorter than one year and such plan of action has been approved by the Commissioner. (B) At a minimum, in order to provide for orderly cessation and withdrawal, an insurer shall provide a general notice to each insured at least 90 days prior to the termination of any policy followed by a subsequent notice which meets the applicable statutory notice requirements for cancelling, nonrenewing, or terminating insurance under this title. (C) An insurers rates, rules, and forms filed pursuant to Code Sections 33-9-21 and 33-24-9 shall be considered no longer on file for use with any new business in the market affected by the insurers withdrawal plan on and after the withdrawal plan goes into effect;".
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 Lord of the 121st, was read and adopted:
A BILL
WEDNESDAY, APRIL 10, 2002
3675
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 or termination 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 for certain notices; 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 33-6-5 of the Official Code of Georgia Annotated, relating to other unfair methods of competition and unfair and deceptive acts or practices, is amended by striking paragraph (12) and inserting in lieu thereof a new paragraph (12) to read as follows:
"(12)(A) No insurer shall cancel, nonrenew, or otherwise terminate all or substantially all of an entire line or class of business unless the insurer demonstrates to the satisfaction of the Commissioner that continuation of such business would violate the provisions of this title or would be hazardous to its policyholders or the public or class of business for the purpose of withdrawing from the market in this state unless:
(i) The insurer has notified the Commissioner in writing of the action, including the reasons for such action, at least one year before the completion of the withdrawal, provided that this paragraph shall not be construed to prevent such insurer from cancelling, nonrenewing, or terminating policies where the insurer, by contract, statute, or otherwise, has the right to do so; or (ii) The insurer has filed a plan of action for the orderly cessation of the insurers business within a period of time shorter than one year and such plan of action has been approved by the Commissioner. (B) At a minimum, in order to provide for orderly cessation and withdrawal, an insurer shall provide a general notice to each insured at least 90 days prior to the termination of any policy followed by a subsequent notice which meets the applicable statutory notice requirements for cancelling, nonrenewing, or terminating insurance under this title. (C) An insurers rates, rules, and forms filed pursuant to Code Sections 33-9-21 and 33-24-9 shall be considered no longer on file for use with any new business in the market affected by the insurers withdrawal plan on and after the withdrawal plan goes into effect;".
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.
3676
JOURNAL OF THE HOUSE
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
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 E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Deloach, B Deloach, G Y Dix Y Dodson Y Drenner Dukes E Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Gardner E Golick N Grasse Y Graves Y Greene Y Hammontree 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 E 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 E 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 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
Sims Y Sinkfield Y Skipper
Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y 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
Yates Murphy, Speaker
On the passage of the Bill, by substitute, the ayes were 155, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
WEDNESDAY, APRIL 10, 2002
3677
The following Bill and Resolution of the House were taken up for the purpose of considering the Senate substitute or amendments thereto:
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 following Senate amendments were read:
Amend HR 838 by designating a portion of State Route 38 in the City of Climax in honor of Lieutenant Colonel Doyce Ariail.
Amend HR 838 by adding, Highway 41 from Luthersville to Talbot County line, the Dan and Marie Branch Highway and directing the DOT to erect signs.
Amend HR 838 by adding at the end of line 4 of page 1 the following:
FURTHER, that the Fulton County Interchange of Northridge Rd. and GA 400 be named the Dr. Eva Galambas Interchange. The State to erect appropriate signs.
Amend HR 838 by adding after Parkway on line 4 the following: Name the State Route 15 in city limits of Sandersville Blue Star Memorial Hwy.
Representative Royal of the 164th moved that the House disagree to the Senate amendments to HR 838.
On the motion, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin E Jackson, B
Y Mueller N Muntean Y O'Neal Y Orrock Y Parham Y Parrish
Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Smith, T
3678
Y Barnes Y Bell Y Benfield Y Birdsong
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 E Coleman, B Y Coleman, T Collins Y Connell Cooper
JOURNAL OF THE HOUSE
Y Deloach, B Deloach, G
Y Dix Y Dodson Y Drenner
Dukes E Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin
Gardner E Golick Y Grasse 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 Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen
Knox Y Lane Y Lanier Y Lewis
Lord Y Lucas Y Lunsford E 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 Parsons Y Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert N Rice
Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan
Shaw N Sholar
Sims Y Sinkfield Y Skipper
On the motion, the ayes were 148, nays 4. The motion prevailed.
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
Westmoreland Y Wiles
Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
HB 337. By Representative Richardson of the 26th:
A BILL to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to provide that a rebuttable presumption arises that the defendant in fi.fa. is the person authorized to receive any excess funds from a tax sale; to provide for exceptions; to provide a time period by which such excess must be paid; and for other purposes.
The following Senate substitute was read:
WEDNESDAY, APRIL 10, 2002
3679
A BILL
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to repeal certain provisions regarding the selling and transferring of tax executions in lot blocks; to provide for the aggregation of multiple tax executions into one sale; to provide a method by which excess funds from tax sales must be paid; to limit the amount of premium required to be paid to redeem property; 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 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking Code Section 48-3-19, relating to transfer of executions, and inserting in its place the following:
"48-3-19. (a)(1) Whenever any person other than the person against whom an execution has been issued pays an execution issued for state, county, or municipal taxes and proves compliance with subsection (b) of this Code section for individual transfers or subsection (c) of this Code section for transfers in lot blocks, the officer whose duty it is to enforce the execution, upon the request of the party paying the execution, shall transfer the execution to the party so paying. The person to whom the execution is transferred shall have the same rights as to enforcing the execution and priority of payment as might have been exercised or claimed before the transfer, if, within 30 days of the transfer, the person to whom the execution is transferred has the execution entered on the general execution docket of the superior court of the county in which the execution was issued and, if the person against whom the execution was issued resides in a different county, has the execution entered on the general execution docket of the superior court in the county of such person's residence. In default of the required entry, the execution shall lose its lien upon any property which has been transferred in good faith and for a valuable consideration before the entry and without notice of the existence of the execution. The provisions of this paragraph with respect to enforcement rights of the transferee shall in no manner supersede the provisions of subsection (e) of this Code section which limit the amounts which the transferee may charge for a release of the execution. (2)(A) It shall be unlawful for any tax official covered by this paragraph to pay a tax execution in order to obtain a transfer of the execution under this Code section. It shall be unlawful for any employee of a tax official covered by this paragraph to pay a tax execution in order to obtain a transfer of the execution under this Code section. The tax officials covered by this paragraph are: (i) County tax receivers, tax collectors, and tax commissioners; (ii) Members of county boards of tax assessors; (iii) Members of county boards of equalization; and
3680
JOURNAL OF THE HOUSE
(iv) County tax appraisers. (B) Any execution transferred in violation of subparagraph (A) of this paragraph shall be void and unenforceable by the person obtaining the execution and such person's successors in interest. (C) Any tax official or employee of a tax official violating subparagraph (A) of this paragraph shall upon conviction be guilty of a misdemeanor. (b) Except as provided in subsection (c) of this Code section, no person may pay an execution issued for ad valorem property taxes and thereby become the transferee of such execution as provided in subsection (a) of this Code section if the person is not a lawful heir or an equity holder in such property unless and until: (1) Such person has notified the individual against whom the execution was issued by certified mail or statutory overnight delivery, and, with respect to single-family residences and duplexes, notified the occupant thereof by first-class mail, of such person's intention to pay such execution and unless and until 60 days have elapsed since the giving of such notice; or (2) In the event that such notice by certified mail or statutory overnight delivery is returned undelivered, such person shall be required to publish such notice not less than once a week for three weeks in the legal organ of the county in which the execution was entered on the general execution docket of the superior court. Such person shall be required to show proof to the tax official who issued the execution that such notice was advertised in compliance with this paragraph. (c)(1) As used in this subsection, the term: (A) 'Delinquent taxpayer' means the person against whom an execution has been issued. (B) 'Execution' means an execution issued for the collection of any ad valorem taxes, fees, penalties, interest, or collection costs due the state or any political subdivision thereof. (C) 'Governing authority' means the county governing authority when the tax executions have been issued for state and county taxes or a combination of state, county, and city taxes; or the municipal governing authority when the tax executions have been issued for city taxes alone. (D)'Lot block of executions' means a group of more than one execution of which the aggregate principal amount is not less than $10,000.00. (E) 'Transferee' means a person paying for a lot block of executions for the purpose of having those executions and all the rights to enforce collection thereof transferred to him or her. (F) 'Transferor' means the official holding the tax executions and authorized to collect or transfer such tax executions. (2) Except for transferees who provide 60 days' notice pursuant to paragraph (1) of subsection (b) of this Code section and who purchase such lot blocks of executions for the full, undiscounted principal amount of the executions and interest due thereon, no transferee may, within a single calendar year, pay and have transferred to such transferee executions for which the aggregate principal amount is more than
WEDNESDAY, APRIL 10, 2002
3681
$10,000.00 without first entering into a written agreement with the transferor approved by the governing authority and entered onto the minutes at a regular meeting. Such agreement shall include, but not be limited to, the following provisions:
(A) The aggregate principal amount of each group of executions transferred shall be in lot blocks of not less than $10,000.00; (B) No lot block may include one or more executions against the same delinquent taxpayer that exceed, in principal amount, 20 percent of the total principal amount of the executions in the lot block of executions transferred; (C) In the event any execution transferred is later determined to have been issued in error, the transferee will cease and desist from all collection efforts, remove the associated entries from any execution dockets on which it has been entered, remove any negative reports that may have been submitted to credit reporting agencies regarding the erroneous execution, and return the execution to the transferor. In return, the transferor shall reimburse the transferee the amount paid for the execution at the time of transfer without any additional fees, penalties, interest, and collection costs that may have been incurred by the transferee since the transfer. The transferor shall deduct such reimbursement from subsequent remittances of taxes, fees, penalties, and interest collections to the levying authorities in the same proportion as the payment received from the transferee for the execution transferred in error was disbursed. Provided, however, the transferor and the transferee may allow for the collection of certain fees, penalties, interest, or costs by the transferee from the transferor when expressly stated in the contract negotiated between the parties; (D) The transferee shall maintain a reasonably accessible office within the State of Georgia where delinquent taxpayers may come or call to inquire about their execution and make arrangements to pay the same; (E) The transferee may begin collection proceedings immediately after the transfer; however, the transferee shall, within 60 days after transfer of the executions, send a notice to each delinquent taxpayer that has not yet settled such delinquent taxpayer's execution indicating the transferee is now holding such execution. Such notice shall include, but not be limited to, the payment amount necessary to settle the execution, the rate of accumulation of additional charges authorized by law on the execution, the payment terms and options available to the delinquent taxpayer, the actions that will be taken by the transferee if the execution is not settled in a timely manner, and a statement explaining the rights of the delinquent taxpayer to stop all collection efforts if the execution has been issued in error; (F) The transferee shall, immediately after the execution has been settled, indicate such settlement on any execution dockets where the execution has been entered and submit a statement indicating such settlement to any credit reporting agencies to which negative reports were submitted by the transferee regarding the execution; (G) Unless otherwise provided by the agreement between transferee and transferor, prior to enforcement of the collection of transferred executions, the transferee shall
3682
JOURNAL OF THE HOUSE
perform a title examination pursuant to the current Title Standards as promulgated by the Real Property Section of the State Bar of Georgia and, upon request by the governing authority, provide a copy of such title examination and related title documents to the sheriff of the county prior to enforcement of the transferred executions by levy and sale; (H) Preexisting agreements under this Code section in effect prior to April 14, 1997, which were approved by the governing authority shall remain in full force and effect until termination by the governing authority; and (I) Responsibility for amounts expended for any mailing or publication costs associated with notification pursuant to paragraph (3) of this subsection. (3) Before the governing authority may agree to the transfer of executions in lot blocks, it shall notify the delinquent taxpayers of its intention to authorize such transfers. Such notice shall be sent by regular mail and shall advise the delinquent taxpayers against whom the selected executions have been issued that they have 90 days in which to pay the transferor the amount of the execution plus any fees, penalties, interest, and costs that may have accrued or the executions will be transferred to a private company for collection. In the event that such notice sent by regular mail is returned undelivered, or the identity of the delinquent taxpayer is unknown to the governing authority, the governing authority shall be required to publish such notice not less than once a week for three weeks in the legal organ of the county in which the execution was entered on the general execution docket of the superior court. In either event, the transferor shall not be authorized to transfer the executions until this notice has been made and the 90 day payment period has transpired. The transferor shall be authorized to transfer the balance of the executions in the lot block that are unpaid at the expiration of the notice period even though as a result of some of the executions being settled during the notice period subparagraphs (A) and (B) of paragraph (2) of this subsection are no longer complied with. (4) Upon compliance with any bidding requirements that may be required by law, the governing authority shall be authorized to allow a discount of up to 10 percent of the amount of the execution; provided, however, that when a portion of the execution represents taxes, fees, penalty, and interest due the state, no part of the discount shall be deducted from such portion and the discount applicable to the state's portion of the execution amount shall be absorbed by the governing authority. Any discount allowed by the governing authority shall not affect the amount due under the execution and the transferee shall have the right to collect the full amount of the execution as if no discount had been allowed. (d) No person may pay an execution issued for ad valorem property taxes and thereby become the transferee of such execution as provided in subsection (a) of this Code section if: (1) At the time of the transfer, the local tax official is unable to verify that the proposed transferee is current on all ad valorem tax obligations within the local tax official's jurisdiction to collect; provided, however, that in all cases where the local tax official is unable to make the verification required under this paragraph, no
WEDNESDAY, APRIL 10, 2002
3683
transfer of an execution shall be denied if the proposed transferee delivers to the local tax official a written statement stating either that the proposed transferee is not the correct taxpayer for the alleged outstanding tax obligation or that the involved tax parcel or tax parcels do not represent taxable property; or (2) The property which is the subject of the tax execution has been included among a list of properties recommended by the local tax official and approved by the local governing authority, as eligible for exclusion from transfer of execution; and (3) A public hearing has been held on the issue of excluding such property from eligibility for transfer of execution; and (4) Following the public hearing, the governing authority of the county or municipality, as applicable, has, in its discretion, approved the property for exclusion from transfer of execution based on a determination that such exclusion is in the best interest of the public. (e) The person to whom a tax execution is transferred as provided in this Code section or such person's successor or assigns shall not charge the person against whom such execution was issued for the release or satisfaction of such execution more than the total of: (1) The amount paid on the tax execution plus interest from the date of such transfer on such amount calculated at a rate not exceeding 12 percent per annum; and (2) Unless otherwise provided by law, recording fees, and where the principal amount of tax execution exceeds $1,500.00, title search fees not to exceed $150.00, actually expended in recording the transferred execution on the general execution docket of the county in which the execution was issued and the general execution docket of the county in which the person against whom the execution was issued resides, if different from the county in which the execution was issued. If a discount from the face amount of the tax execution has been allowed the person to whom a tax execution has been transferred in accordance with subsection (c) of this Code section, the person against whom such execution was issued may be charged the full face amount of the execution plus interest and recording fees as stated in this subsection. This limitation on the amount charged for release or satisfaction of an execution shall be absolute, and it shall be unlawful to charge any other fees or charges of any kind for such a release or satisfaction. Reserved."
SECTION 2. Said title is further amended by striking subsection (b) of Code Section 48-4-1, relating to procedures for sales under tax levies and executions, and inserting in lieu thereof the following:
"(b) If two or more executions have been levied against a defendant, or if two or more in rem executions have been levied against the same unreturned property, such executions may be aggregated and a single sale may be conducted for the total amount due, as in the case of a single execution, and the 12 month period of redemption provided by Code Section 48-4-40 shall commence as to all such executions on the date
3684
JOURNAL OF THE HOUSE
of such sale, provided that at least one of the executions meets the provisions of this Code section."
SECTION 3. Said title is further amended by striking in its entirety Code Section 48-4-5, relating to the payment of the excess proceeds from the sale of property, and inserting in lieu thereof the following:
"48-4-5. If there is any excess after paying taxes, costs, and all expenses of a sale, it shall be immediately paid to the person authorized to receive the excess. the tax commissioner or tax collector may file an interpleader action in superior court for the payment of the amount of such excess. Such excess shall be distributed by the superior court to intended parties, including the owner as their interest appears and in the order of priority in which their interest exists."
SECTION 4. Said title is further amended by striking Code Section 48-4-42, relating to the amount payable for redemption, in its entirety and inserting in lieu thereof a new Code Section 48-4-42 to read as follows:
"48-4-42. The amount required to be paid for redemption of property from any sale for taxes as provided in this chapter, or the redemption price, shall with respect to any sale made after July 1, 2002, be the amount paid for the property at the tax sale, as shown by the recitals in the tax deed, plus any taxes paid on the property by the purchaser after the sale for taxes, plus any special assessments on the property, plus a premium of 20 percent of the amount for each the first year or fraction of a year which has elapsed between the date of the sale and the date on which the redemption payment is made and 10 percent for each year or fraction of a year thereafter. If redemption is not made until more than 30 days after the required notice provided for in Code Section 48-4-45 has been given, there shall be added to the redemption price the sheriffs cost in connection with serving the notice, and the cost of publication of the notice, if any, and the further sum of 20 percent of the amount paid for the property at the sale to cover the cost of making the necessary examinations to determine the persons upon whom notice should be served. All of the amounts required to be paid by this Code section shall be paid in lawful money of the United States to the purchaser at the tax sale or to the purchasers successors."
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.
WEDNESDAY, APRIL 10, 2002
3685
Representative Richardson of the 26th moved that the House agree to the Senate substitute to HB 337.
On the motion, the roll call was ordered and the vote was as follows:
Allen 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 N Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Coleman, T Y Collins Y Connell Y Cooper
Y Cox Y Crawford Y Cummings Y Davis N Day Y Dean Y Deloach, B
Deloach, G Y Dix Y Dodson Y Drenner
Dukes E Ehrhart Y Epps Y Everett
Floyd Y Forster N Franklin Y Gardner Y Golick Y Grasse Y Graves
Greene Y Hammontree Y Hanner E Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes N Houston
Howard
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley N Irvin E 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 E 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 Y Muntean N O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag
Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert N Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor N Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield N 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 N Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y 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 N Yates
Murphy, Speaker
On the motion, the ayes were 147, nays 13. The motion prevailed.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
3686
JOURNAL OF THE HOUSE
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills 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.
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.
HB 1811. By Representative Joyce of the 1st:
A BILL to amend an Act creating the board of commissioners of Dade County, so as to revise the districts for the election of members of the board of commissioners; to provide for the composition and membership of the board of commissioners; and for other purposes.
HB 1815. By Representatives Cummings of the 27th and Murphy of the 18th:
A BILL to amend an Act providing a new Board of Education for Polk County, so as to revise the districts for the election of members of the board of education; and for other purposes.
HB 1817. By Representative Holland of the 157th:
A BILL to amend an Act creating a board of commissioners of Turner County, so as to reapportion the commissioner districts; and for other purposes.
HB 1818. By Representative Holland of the 157th:
A BILL to amend an Act to provide for the election of members of the board of education of Turner County, so as to reapportion the education districts; and for other purposes.
WEDNESDAY, APRIL 10, 2002
3687
HB 1821. By Representative Coleman of the 142nd:
A BILL to amend an Act reconstituting the board of education of Telfair County, so as to redistrict the board of education of Telfair County; to change the description of the education districts; and for other purposes.
HB 1822. By Representative Coleman of the 142nd:
A BILL to annex certain territory to the City of Eastman and thereby change the corporate limits of said city; and for other purposes.
HB 1825. By Representative Crawford of the 129th:
A BILL to provide a homestead exemption from Pike County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead after a five-year phase-in period for certain residents of that county who are 65 years of age or over; and for other purposes.
HB 1826. By Representative Crawford of the 129th:
A BILL to amend an Act providing for the election of members of the Board of Education of Pike County, so as to change the description of the education districts; and for other purposes.
HB 1827. By Representative Crawford of the 129th:
A BILL to provide for a homestead exemption from all Pike County ad valorem taxes for county purposes in the amount of $12,000.00 of the assessed value of the homestead for certain residents of that county who are totally disabled and whose annual net income does not exceed $12,000.00; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 623. By Representatives Millar of the 59th, Jennings of the 63rd, Turnquest of the 73rd, Mobley of the 69th, Watson of the 70th and others:
A BILL to provide that the tax commissioner of DeKalb County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of DeKalb County to reimburse the county for the cost of collecting school taxes; and for other purposes.
3688
JOURNAL OF THE HOUSE
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 1663. By Representatives Buck of the 135th, Smyre of the 136th, Taylor of the 134th, Hugley 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.
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.
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.
HB 1819. By Representative Holland of the 157th:
A BILL to amend an Act entitled "An Act to abolish the present mode of compensating the Clerk of the Superior Court, the Judge of the Probate Court, and the Tax Commissioner of Turner County," so as to provide a salary for the judge of the Probate Court of Turner County; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
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.
WEDNESDAY, APRIL 10, 2002
3689
The Senate has adopted by the requisite constitutional majority the following resolutions of the House:
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.
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.
HR 1319. By Representative Rogers of the 20th:
A RESOLUTION designating the "Ronnie Green Parkway"; and for other purposes.
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 Senate has adopted as amended, by the requisite constitutional majority, the following resolutions of the House:
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.
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.
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
3690
JOURNAL OF THE HOUSE
city limits of Avondale Estates as a Blue Star Memorial Highway; and for other purposes.
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.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Thompson of the 33rd, Cheeks of the 23rd, and Fort of the 39th.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendment thereto:
HB 97.
By Representatives Buckner of the 95th, Taylor of the 134th, Hugley of the 133rd, Cash of the 108th and Graves of the 125th:
A BILL to amend Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to the Office of School Readiness, so as to provide that the pre-kindergarten program administered by the Office of School Readiness shall be known as "Georgia's Pre-K Program"; and for other purposes.
The following Senate amendment was read:
WEDNESDAY, APRIL 10, 2002
3691
Amend HB 97 on line 4 of page 1 and line 5 of page 2 by striking "July 1, 2001" and inserting in lieu thereof "July 1, 2002".
Representative Buckner of the 95th moved that the House agree to the Senate amendment to HB 97.
On the motion, the roll call was ordered and the vote was as follows:
Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y 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 E 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 N Forster N Franklin Y Gardner Y Golick Y Grasse Y Graves
Greene Y Hammontree Y Hanner E Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson N Hines Y Holland Y Holmes Y Houston
Howard
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin E Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan 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 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 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
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 N Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y 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
Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
On the motion, the ayes were 157, nays 7. The motion prevailed.
3692
JOURNAL OF THE HOUSE
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 Senate substitute 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 provide for construction; 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.
WEDNESDAY, APRIL 10, 2002
3693
(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 following the established guidelines of 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 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 to 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 or attending or participating in an academic or athletic event while remaining in the authorized area. (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. (f) Nothing in this Code section shall be construed to prohibit school administrators from prohibiting the admission of any person who has violated school policy or state law."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Buckner of the 95th moved that the House disagree to the Senate substitute to HB 161.
The motion prevailed.
HB 1585. By Representative Mobley of the 69th: A BILL to amend Code Section 16-5-100 of the Official Code of Georgia
3694
JOURNAL OF THE HOUSE
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 Senate substitute was read:
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.
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, an order not to resuscitate as provided in Chapter 39 of Title 31, or the instructions of the patient or the patients lawful surrogate decision maker, nor shall the provisions of this Code section require any physician, any institution licensed in accordance with Chapter 7 of Title 31 or any employee or agent thereof to provide health care services or shelter to any person in the absence of another legal obligation to do so. (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
WEDNESDAY, APRIL 10, 2002
3695
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.
Representative Mobley of the 69th moved that the House agree to the Senate substitute to HB 1585.
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 Y Brown Y Buck
Buckner Y Bulloch Y Bunn
Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan E 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
Dukes E Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Gardner
Golick Y Grasse 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
Houston Howard
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin E Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan 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
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 Y Snow Y Squires
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 motion, the ayes were 158, nays 0.
3696
JOURNAL OF THE HOUSE
The motion prevailed.
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 Senate 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 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 authorize the commission to allocate the
WEDNESDAY, APRIL 10, 2002
3697
cost of unaccounted for and lost gas; 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 certain remedies for consumers determined to be victims of slamming; to prohibit a marketer responsible for slamming a consumer from making certain reports to credit reporting agencies and provide for payment to consumers for violations; 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 payment of certain fines into the Natural Gas Consumers Refund Fund; to provide for use of moneys in such fund for refunds to consumers of firm distribution service of natural gas; 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."
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:
3698
JOURNAL OF THE HOUSE
"(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. Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, is amended by striking Code Section 46-2-32, relating to payment of fines and the cumulative nature of remedies, and inserting in lieu thereof the following:
"46-2-32. (a) Except as otherwise provided in subsection (b) of this Code section, all All fines recovered under this title shall be paid into the general fund of the state treasury, to be used for such purposes as the General Assembly may provide. (b) Fines recovered under the provisions of Article 5 of Chapter 4 of this title, the 'Natural Gas Competition and Deregulation Act,' shall be deposited in the Natural Gas Consumers Refund Fund. The moneys in the Natural Gas Consumers Refund Fund shall be allocated by order of the Public Service Commission for refunds to consumers of firm distribution service of natural gas under such article. The provisions of this subsection shall apply to fines resulting from application of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975,' to marketers or electing distribution companies in accordance with the provisions of Article 5 of Chapter 4 of this title. (c) The remedies provided in this title shall be regarded as cumulative of all other remedies given by law against railroad companies, and this title shall not be construed as repealing any statute giving such remedies."
SECTION 5. 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.
WEDNESDAY, APRIL 10, 2002
3699
(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 deserve 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.
(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;
3700
JOURNAL OF THE HOUSE
(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 (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 6. 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.
WEDNESDAY, APRIL 10, 2002
3701
(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. (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.
3702
JOURNAL OF THE HOUSE
(12.2) 'Majority interest' means the ownership of greater than 50 percent 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. (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 7. 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."
WEDNESDAY, APRIL 10, 2002
3703
"(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."
SECTION 8. 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
3704
JOURNAL OF THE HOUSE
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 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."
WEDNESDAY, APRIL 10, 2002
3705
SECTION 9. 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; (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
3706
JOURNAL OF THE HOUSE
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 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
WEDNESDAY, APRIL 10, 2002
3707
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 10. 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. (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
3708
JOURNAL OF THE HOUSE
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 (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
WEDNESDAY, APRIL 10, 2002
3709
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 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
3710
JOURNAL OF THE HOUSE
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 11. 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 (c), (g), and (h) and inserting in lieu thereof the following:
"(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." "(c) If the commission issues an order pursuant to subsection (b) of this Code section determining that adequate market conditions exist, it shall prescribe in such order the contents of notices to be furnished pursuant to the provisions of subsection (e) of this Code section. Subject to the provisions of subsection (d) of this Code section, on the one hundred twentieth day following the issuance of an order for a particular delivery group: (1) Except as otherwise provided in paragraph (4) of this subsection, the The rates and terms of service of an electing distribution company for interruptible distribution service and balancing service shall not be subject to approval by the commission, provided that all firm retail customers have contracted with or have been assigned to marketers as provided for in this Code section; (2) Except as otherwise provided in paragraph (4) of this subsection, The rates and terms of service for commodity sales service provided by an electing distribution company to retail purchasers of firm distribution service shall not be subject to approval by the commission, provided that all firm retail customers have contracted with or have been assigned to marketers as provided for in this Code section; and
WEDNESDAY, APRIL 10, 2002
3711
(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) 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; and (4) The commission is authorized to provide by order, after notice and hearing, for the allocation of the cost of unaccounted for and lost gas among interruptible and firm retail customers in relation to the portion of the total use of natural gas in Georgia that is used by interruptible retail customers and that is used by firm 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
3712
JOURNAL OF THE HOUSE
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."
SECTION 12. 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
WEDNESDAY, APRIL 10, 2002
3713
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 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."
3714
JOURNAL OF THE HOUSE
SECTION 13. 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:
"(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 14. 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.
WEDNESDAY, APRIL 10, 2002
3715
(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. (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:
3716
JOURNAL OF THE HOUSE
(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; (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:
WEDNESDAY, APRIL 10, 2002
3717
(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 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.';
3718
JOURNAL OF THE HOUSE
(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 (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 15. 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;
WEDNESDAY, APRIL 10, 2002
3719
(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 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.
3720
JOURNAL OF THE HOUSE
(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. (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 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. (k) Any consumer determined by the commission to be the victim of slamming shall be able to switch back to his or her desired marketer without any charge. The commission shall determine the rate per therm to be paid by such a consumer during the period such a consumer was switched without his or her consent to a different marketer, and any refund owed to such a consumer by the marketer who switched the consumer without his or her consent shall be paid within 30 days of the date the commission determined the consumer was a victim of slamming. No marketer responsible for slamming a
WEDNESDAY, APRIL 10, 2002
3721
consumer who is determined to be a victim of slamming shall report to a credit reporting agency any moneys owed by such a consumer to such marketer; any marketer who violates the prohibition set out in this sentence shall be required by the commission to pay such a consumer $1,000.00 for each such prohibited report."
SECTION 16. 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 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 17. 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
3722
JOURNAL OF THE HOUSE
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 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 18. 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
WEDNESDAY, APRIL 10, 2002
3723
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. 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; (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 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 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
3724
JOURNAL OF THE HOUSE
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 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."
WEDNESDAY, APRIL 10, 2002
3725
SECTION 19. 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. 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, excluding electric generation and transmission assets as defined by the Federal Energy Regulatory Commission Uniform System of Accounts in effect at the time of such investment, loan, or guarantee, 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 20. Said article is further amended by inserting a new Code section to be designated Code Section 46-4-166 to read as follows:
3726
JOURNAL OF THE HOUSE
"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; (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
WEDNESDAY, APRIL 10, 2002
3727
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. (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 21. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 22. All laws and parts of laws in conflict with this Act are repealed.
Representative Smith of the 175th moved that the House disagree to the Senate substitute to HB 1568.
The motion prevailed.
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.
3728
JOURNAL OF THE HOUSE
The following Senate substitute was read:
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:
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
WEDNESDAY, APRIL 10, 2002
3729
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. (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.
3730
JOURNAL OF THE HOUSE
(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; (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.
WEDNESDAY, APRIL 10, 2002
3731
(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. (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
3732
JOURNAL OF THE HOUSE
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; (11) The measuring, molding, or fitting of knee braces by any person; or (12) Employees or authorized representatives of an orthotic manufacturer from engaging in one or more of the following: evaluating, adjusting, measuring, designing, fabricating, assembling, fitting, servicing, training, repairing, replacing, or delivering an orthotic device under the order, direction, or prescription of a physician or health provider operating within his or her licensed scope of practice.
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)(A) Possess a baccalaureate degree from a college or university; (B) 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; and (C) 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 in the discipline for which the license will be sought and under the supervision of a practitioner licensed in orthotics or prosthetics or a person certified as an orthotist, prosthetist, or prosthetist orthotist provided the certification was obtained before the date this article becomes effective; or (2)(A) Possess an associates degree from a college or university with specific courses of study in human anatomy, physiology, physics, chemistry, biology; and
WEDNESDAY, APRIL 10, 2002
3733
(B) Have completed at least five years of continued work experience performed in the discipline for which the license will be sought under the supervision of a practitioner licensed in such discipline or certified in such discipline by an agency accredited by the National Commission for Certifying Agencies; (3) Pass all written, practical, and oral examinations that are required and approved by the board; (4) Be qualified to practice in accordance with nationally accepted standards of orthotic and prosthetic care; and (5) 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; (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.
3734
JOURNAL OF THE HOUSE
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) 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 with the board an application and the license fee determined by the board in order to continue to practice orthotics or prosthetics without satisfaction of the examination and education requirements. The board shall investigate the work history, qualifications, and fitness of the applicant. The investigation may include, but not be limited to, completion by the applicant of a questionnaire regarding the applicants work history and scope of practice. The board shall complete its investigation for purposes of this Code section within six months of receipt of a fully completed application. If, after receipt of the application fee, a fully completed application, and the completion of the investigation, the board determines that the applicant satisfied the work history requirements of this Code section and met all other qualifications for licensure, except the examination and education requirements, the board shall issue a license to practice orthotics or prosthetics. 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
WEDNESDAY, APRIL 10, 2002
3735
shall be based on established standards of competence in the field of orthotics or prosthetics. (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.
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, equal to or more stringent than the requirements in force in this state on that date; or (2) Certified as an orthotist or prosthetist by a national certifying organization that is accredited by the National Commission for Certifying Agencies and has educational
3736
JOURNAL OF THE HOUSE
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; (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
WEDNESDAY, APRIL 10, 2002
3737
(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; (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.
3738
JOURNAL OF THE HOUSE
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.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Parham of the 122nd moved that the House agree to the Senate substitute to HB 828.
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
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 Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin E Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan
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 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 Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
WEDNESDAY, APRIL 10, 2002
Y Epps Y Everett
Floyd Y Forster N Franklin Y Gardner Y Golick Y Grasse 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 Joyce Y Kaye
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 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
On the motion, the ayes were 166, nays 1. The motion prevailed.
3739
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
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 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.
3740
JOURNAL OF THE HOUSE
HB 1333. By Representatives Snow of the 2nd, Joyce of the 1st, Sanders of the 107th, Yates of the 106th, Brown of the 130th and others:
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 Senate has adopted by the requisite constitutional majority the following resolutions of the House:
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.
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.
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
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.
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
WEDNESDAY, APRIL 10, 2002
3741
that year pursuant to Article VIII, Section VI, Paragraph IV of the Constitution; and for other purposes.
The Senate has adopted the report of the Committee of Conference on the following bill of the House:
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 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 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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Balfour of the 9th, Ladd of the 41st, and Price of the 56th.
The Senate insists on its substitute to the following bills of the House:
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.
3742
JOURNAL OF THE HOUSE
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.
The Senate insists on its amendment to the following bill of the House:
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 Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
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.
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
WEDNESDAY, APRIL 10, 2002
3743
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 Senate has passed as amended, by the requisite constitutional majority, the following bills of the House:
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.
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.
The Senate has disagreed to the House substitute to the following bill of the Senate:
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.
The Senate insists on its substitute to the following bill 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:
3744
JOURNAL OF THE HOUSE
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 Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
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.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 1175. By Representatives Stokes of the 92nd, Walker of the 87th, Unterman of the 84th and Smith of the 91st:
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.
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.
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
WEDNESDAY, APRIL 10, 2002
3745
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.
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.
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 Senate has adopted by the requisite constitutional majority the following resolution of the House:
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.
The Senate has passed by the requisite constitutional majority the following bill of the House:
HB 1699. By Representatives West of the 101st, Smith of the 12th, Greene of the 158th and Hanner of the 159th:
3746
JOURNAL OF THE HOUSE
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 Senate has adopted by the requisite constitutional majority the following resolution of the House:
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 Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 945. By Representative James of the 140th:
A BILL to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for the the establishment of a dog and cat sterilization support program and educational activities; to provide for funds; to provide for rules; to provide for reports; to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to authorize the issuance of license plates promoting the dog and cat sterilization support program and related educational activities of the Department of Agriculture; and for other purposes.
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 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
WEDNESDAY, APRIL 10, 2002
3747
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.
Representative Bannister of the 77th moved that the House adhere to its position in insisting on its substitute to SB 328 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 Williams of the 83rd, Coan of the 82nd and Callaway of the 81st.
Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 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.
The following amendment was read and adopted:
Representatives Golick of the 30th and Jenkins of the 110th move to amend SB 459 by striking line 18 on page 2 and inserting in lieu thereof the following:
"(2) 'Pen register' means an instrument or apparatus a device or process which records".
3748
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 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
Burkhalter Y Burmeister Y Byrd Y Callaway
Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
Y Cox Y Crawford Y Cummings
Davis Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner 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 E Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Holmes Y Houston Y Howard
Y Hudgens Hudson, N
Y Hudson, S Y Hugley Y Irvin E Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan 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 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
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 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, as amended, the ayes were 156, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.
WEDNESDAY, APRIL 10, 2002
3749
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 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.
Representative Amerson of the 7th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1433.
The motion prevailed.
The following Resolution of the House was taken up for the purpose of considering the Senate amendments thereto:
HR 1215. By Representative Shanahan of the 10th: A RESOLUTION designating the Veterans Parkway; and for other purposes.
The following Senate amendments were read:
Amend HR 1215 by inserting "and the Dr. Luke Garrett Memorial Highway;" on line 1 before the ";" and by inserting ", SR 113 from U. S. 278 to Taylorsville be designated Veterans Parkway, and SR Business 6 within Austell be designated Dr. Luke Garrett Memorial Highway" on line 4 after "Parkway".
Amend HR 1215 by adding after "Parkway" on line 1 "and the Talmadge Plaza" and by adding before the period on line 4 "and that the brick paved area around the statue of Herman Talmadge across Wash. Street from the Capitol be designated Talmadge Plaza".
3750
JOURNAL OF THE HOUSE
Amend HR 1215 by adding after "Parkway" on lines 1 and 6 "and the William G. Hasty, Sr., Freeway" and by adding before the period on line 4 "and Highway 20 in Cherokee County the William G. Hasty, Sr., Freeway".
Amend HR 1215 by adding after "Parkway" on lines 1 and 6 "and the Robert Henry Jordan Memorial Highway" and by adding before the period on line 4 "and Highway 80 from Talbotton east to Taylor County the Robert Henry Jordan Memorial Highway."
Amend HR 1215 by adding lines 7 and 8 "designating the Norman W. Fries Highway on U.S. 301 in corp. limits of Claxton, Ga.".
Amend HR 1215 by adding "Be it resolved that intersection of Hwy 115 & Hwy 52 in Lumpkin County east of Dahlonega, in Lumpkin County, GA. is designated Dean Bryant Intersection".
Amend HR 1215 by inserting at the end of line 4 of page 1 the following: "Further, that Flat Shoals Parkway from I-285 to SR 155 is designated the Earl Paulk Parkway".
Amend HR 1215 by changing the 1st word on line 1 of pg 1 to lower case & inserting immediately preceeding such word the following:
"Designating the Dr. Creflo A. Dollar Bridge located at Old National Hwy and I-285 in Fulton County & DOT is authorized & directed signs".
Representative Shanahan of the 10th moved that the House disagree to the Senate amendments to HR 1215.
The motion prevailed.
Under the general order of business, established by the Committee on Rules, the following Resolution of the Senate was taken up for consideration and read the third time:
WEDNESDAY, APRIL 10, 2002
3751
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.
The following substitute, offered by Representatives Birdsong of the 123rd and Walker of the 141st, was read and adopted:
A RESOLUTION
Designating the "Herman Jones Memorial Forensic Science Complex" at the Georgia Bureau of Investigation; directing the placement of a portrait of Honorable Joe T. Wood, Sr., at the Georgia War Veterans Home in Milledgeville; and for other purposes.
Part I. WHEREAS, the late Dr. Herman Jones was instrumental in establishing in Georgia in 1952 the second state-wide crime laboratory in the United States; and
WHEREAS, Dr. Jones served as the first director of the Georgia State Crime Laboratory as well as the first state medical examiner; and
WHEREAS, he was an honest and dedicated public servant who strived for excellence in all his endeavors; and
WHEREAS, during his tenure as crime lab director, Dr. Jones worked diligently to strengthen evidence against the criminal while working just as hard to protect the innocent; and
WHEREAS, Dr. Jones remained a calm, disinterested forensic scientist who set forth his findings in court without prejudice; and
WHEREAS, he faithfully served the State of Georgia and its citizens until his retirement in 1972; and
WHEREAS, the year 2002 will be the 50th anniversary of the founding of the Georgia State Crime Laboratory.
Part II.
WHEREAS, Honorable Joe T. Wood, Sr., was privileged to serve this great nation during
3752
JOURNAL OF THE HOUSE
World War II from December 31, 1942, to February 26, 1946, with overseas duty in the Philippines; and
WHEREAS, he was in the retail business prior to and immediately after World War II, has been continuously active in the insurance industry since December, 1951, and is currently serving as Chairperson Emeritus of HRH-Turner, Wood & Smith Insurance Center in Gainesville, Georgia; and
WHEREAS, he is a charter member of VFW Post 8452 in Gainesville, Georgia, and has been a member since October, 1946; served as Post Commander and District Commander; served as Commander of the State of Georgia in 1953-54; was a member of the All-American Team and Commander of the Year of Department Commanders; and has been privileged to serve on national appointments for over four decades, including service as National Chief of Staff, Chairperson of the Budget and Finance Committee on two occasions, a member for many years on the Legislative and VFW-PAC Committees, and Chairperson of the VFW-PAC Committee on two occasions; and
WHEREAS, he is a life member of the VFW, the American Legion, and the DAV; and
WHEREAS, he is active in religious and community affairs, is an active member of the Chicopee Baptist Church and the Rotary Club, is a past trustee of Gainesville College, and a trustee and member of the executive committee of Truett McConnell College; and
WHEREAS, he served with distinction, dedication, and ability as a member of the House of Representatives for 23 years, during which time he served as either chairperson or vice chairperson of the Defense and Veterans Affairs Committee; and
WHEREAS, following his retirement from the General Assembly, the state constructed a 150-bed nursing home for veterans in Milledgeville at a cost of over $6 million and named this outstanding facility the "Joe T. Wood Building"; and
WHEREAS, Honorable Joe T. Wood, Sr., has served for 13 years as legislative consultant for the Medical Association of Georgia; and
WHEREAS, he was devoted to his late wife, Helen T. Wood, and is the father of an outstanding son, Joe T. Wood, Jr., and the proud grandfather of Marinell and Trey Wood; and
WHEREAS, the Wood family has graciously made an oil painting of Honorable Joe T. Wood, Sr., available to the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Bureau of Investigation is authorized and directed to
WEDNESDAY, APRIL 10, 2002
3753
designate the state crime laboratory annex of the Division of Forensic Sciences of the Georgia Bureau of Investigation as the "Herman Jones Memorial Forensic Science Complex" and to erect and maintain an appropriate marker at the complex for such purposes.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the family of Dr. Herman Jones.
BE IT FURTHER RESOLVED that the members of this body recognize and commend Honorable Joe T. Wood, Sr., for his many years of service to the State of Georgia and the veterans of this nation and hereby direct that the portrait of Honorable Joe T. Wood, Sr., be placed in the entrance lobby of the Joe T. Wood Building at the Georgia War Veterans Home in Milledgeville.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to Honorable Joe T. Wood, Sr., and the commissioner of veterans affairs.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson
Anderson Y Ashe Y Bannister
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 Cox Y Crawford Y Cummings Y Davis Y Day Y 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
Golick Y Grasse Y Graves
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin E 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 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
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
Teague Y Teper Y Tillman Y Turnquest Y Twiggs
3754
Y Burkhalter Y Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell Y Childers E Coan E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
JOURNAL OF THE HOUSE
Y Greene Hammontree
Y Hanner E Harbin
Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes
Houston Y 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 Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard E Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
On the adoption of the Resolution, by substitute, the ayes were 157, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
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.
The following Senate amendment was read:
Amend HB 1179 by inserting "to provide an effective date;" after "applications;" on line 4 of page 1.
By inserting between Sections 1 and 2 the following:
"SECTION 1A. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.".
WEDNESDAY, APRIL 10, 2002
3755
The following amendment was read and adopted:
Representatives Powell of the 23rd, Parham of the 122nd and Wiles of the 34th move to amend the Senate amendment to HB 1179 by striking lines 2 through 7 of page 1 and inserting in lieu thereof the following:
"Amend HB 1179 by striking lines 1 through 4 of page 1 and inserting in lieu thereof the following: '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 applications of minors for drivers licenses and distinctive license for persons under age 21; to change certain provisions relating to purpose of Article 4 of said chapter; to provide for licensing periods; to provide for bonds; to change certain provisions relating to optional programs; to change certain provisions relating to establishment and approval of clinics and programs for driver improvement and driving under the influence of alcohol and drugs, out-of-state certificates of completion, instructor licenses, fees, and operation of clinics by employees of probation division; to provide requirements for court ordered programs; to change certain provisions relating to reinstatement of licenses suspended for certain offenses or for points; to change certain provisions relating to reduction of point count upon completion of course; to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to instructors in driver training and operators of driver training schools, so as to change certain provisions relating to qualifications of driver training school operators; to provide an effective date; to repeal conflicting laws;'.
By striking lines 8 and 9 of page 1 and inserting in lieu thereof the following:
'Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers licenses, is amended in Code Section 40-5-26, relating to applications of minors for drivers licenses and distinctive license for persons under age 21, by'.
By redesignating Section 2 as Section 9.
By inserting after Section 1 the following:
'SECTION 2. Said chapter is further amended by striking Code Section 40-5-80, relating to purpose of Article 4 of said chapter, and inserting in lieu thereof the following:
3756
JOURNAL OF THE HOUSE
"40-5-80. The purpose of this article, the 'Georgia Driver Improvement Act,' is to improve and promote greater safety upon the highways and streets of this state; to improve the attitude and driving habits of drivers who accumulate traffic accident and motor vehicle conviction records; and to provide uniform DUI Alcohol or Drug Use Risk Reduction Programs for the rehabilitation of persons identified as reckless or negligent drivers and frequent violators. In carrying out this purpose, the Department of Motor Vehicle Safety and the Department of Human Resources, as applicable, shall:
(1) Charge a fee for the consideration of applications for approval of driver improvement clinics and instructors. The amount of this fee shall be established by the commissioner of motor vehicle safety and shall, as best as the commissioner shall determine, approximate the expense incurred by the Department of Motor Vehicle Safety in consideration of an application. These licenses and each renewal thereof shall be valid for a period of two four years unless suspended or revoked prior to the expiration of that time period; and (2) Require, in addition to the criteria for approval of driver improvement clinics established by the commissioner of motor vehicle safety and DUI Alcohol or Drug Use Risk Reduction Programs established by the Department of Human Resources, as provided in subsections (a) and (e) of Code Section 40-5-83, respectively, that every driver improvement clinic and DUI Alcohol or Drug Use Risk Reduction Program shall, as a condition of approval, provide a continuous surety company bond for the protection of the contractual rights of students in such form as will meet with the approval of the Department of Motor Vehicle Safety or the Department of Human Resources, as applicable, and written by a company authorized to do business in this state. The principal sum of the bond shall be established by the commissioner of motor vehicle safety or the Board of Human Resources, as applicable; however, in no event shall this amount be less than $2,500.00 per location, and a single bond at such rate may be submitted for all locations under the same ownership. If at any time said bond is not valid and in force, the license of the clinic or program shall be deemed suspended by operation of law until a valid surety company bond is again in force."
SECTION 3. Said chapter is further amended by striking subsection (a) of Code Section 40-5-81, relating to optional programs, and inserting in lieu thereof the following:
"(a) This article shall not affect the power of any court to require attendance at any course or driver improvement program to which the court could otherwise require attendance Any driver improvement program to which attendance is required by court order shall conform to the requirements of this article."
SECTION 4. Said chapter is further amended in subsection (b) of Code Section 40-5-83, relating to establishment and approval of clinics and programs for driver improvement and driving under the influence and alcohol and drugs, out-of-state certificates of completion,
WEDNESDAY, APRIL 10, 2002
3757
instructor licenses, fees, and operation of clinics by employees of probation division, by inserting a new paragraph to read as follows:
"(3) Driving under the influence and alcohol and drug programs, clinics, and courses outside of the State of Georgia shall not be required to comply with the provisions of subsection (e) of this Code section; provided, however, that the department shall not accept certificates of completion from any such program, clinic, or course unless said program, clinic, or course has been certified by the Department of Human Resources as substantially conforming, with respect to course content, with the standards and requirements promulgated by the Department of Human Resources under subsection (e) of this Code section. Certificates of completion from an out-of-state program, clinic, or course not so certified by the Department of Human Resources may be accepted only for the purpose of permitting persons who are not residents of the State of Georgia to reinstate nonresident operating privileges."
SECTION 5. Said chapter is further amended by striking Code Section 40-5-84, relating to reinstatement of licenses suspended for certain offenses or for points, and inserting in lieu thereof the following:
"40-5-84. (a) Except as otherwise provided, the license of any person whose license is suspended for the first time as a result of the conviction of an offense listed in Code Section 40-554 shall, at the expiration of 120 days following the date the license is suspended, be reinstated by the department upon receipt by the department of a certificate of completion of an approved defensive driving course or an approved DUI Alcohol or Drug Use Risk Reduction Program and the payment of a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. (b) The license of any person whose license is suspended for the second time as a result of the conviction of an offense listed in Code Section 40-5-54 shall, at the expiration of 120 days following the date the license is suspended, be reinstated by the department upon receipt by the department of a certificate of completion of an advanced defensive driving course or an approved DUI Alcohol or Drug Use Risk Reduction Program and the payment of a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. (c) The license of any person whose license is suspended for the first time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an approved defensive driving course or an approved DUI Alcohol or Drug Use Risk Reduction Program and the payment of a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. (d) The license of any person whose license is suspended for the second time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an advanced defensive driving course or an approved DUI Alcohol or
3758
JOURNAL OF THE HOUSE
Drug Use Risk Reduction Program and the payment of a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail."
SECTION 6. Said chapter is further amended by striking Code Section 40-5-86, relating to reduction of point count upon completion of course, and inserting in lieu thereof the following:
"40-5-86. Upon the accumulation of points pursuant to Code Section 40-5-57, the total number of points accumulated by any driver shall be reduced by seven points, but to not less than zero points, upon the satisfactory completion by such driver of an approved defensive driving course or a DUI Alcohol or Drug Use Risk Reduction Program and the submission of a certificate by such driver to the department. The provisions of this Code section shall be available one time only to each driver in any five-year period."
SECTION 7. Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to instructors in driver training and operators of driver training schools, is amended by striking Code Section 43-13-4, relating to qualifications of driver training school operators, and inserting in lieu thereof the following:
"43-13-4. Every person who desires to operate a driver training school shall meet the following requirements:
(1) Be of good moral character; (2) Maintain an established place of business which is open to the public; (3) Maintain bodily injury and property damage liability insurance on motor vehicles while used in driver training instruction, insuring the liability of the driver training school, the driving instructors, and any person taking instruction, in at least the following amounts: $100,000.00 for bodily injury to or death of one person in any one accident and, subject to such limit for one person, $200,000.00 for bodily injury to or death of two or more persons in any one accident and the amount of $20,000.00 for damage to property of others in any one accident. Evidence of such insurance coverage, in the form of a certificate from the insurance carrier, shall be filed with the department; and such certificate shall stipulate that the insurance shall not be canceled except upon ten days prior written notice to the department. Such insurance shall be written by a company authorized to do business in this state; (4) Provide a continuous surety company bond in the principal sum of $2,500.00 for the protection of the contractual rights of students in such form as will meet with the approval of the department and written by a company authorized to do business in this state; provided, however, that the aggregate liability of the surety for all breaches of the condition of the bond in no event shall exceed the principal sum of $2,500.00 per location, and a single bond at such rate for all schools operated by the same person may be provided in satisfaction of this paragraph. The surety on any such bond may cancel such bond on giving 30 days notice thereof in writing to the department and
WEDNESDAY, APRIL 10, 2002
3759
shall be relieved of liability for any breach of any condition of the bond which occurs after the effective date of cancellation; (5) Have the equipment necessary to the giving of proper instruction in the operation of motor vehicles as prescribed by the department; and (6) Pay to the department an application fee of $25.00."
SECTION 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.'".
Representative Powell of the 23rd moved that the House agree to the Senate amendment, as amended by the House, to HB 1179.
On the motion, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes 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
Campbell Cash Y Channell Y Childers E Coan E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner
Dukes E Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse
Graves Y Greene Y Hammontree Y Hanner E 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 E Jackson, B Y Jackson, L
James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y 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 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 Y Snow Y Squires Y Stallings
Stanley Stanley-Turner Stephens Y Stokes Y Taylor 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 E Williams, J Y Williams, R Y Wix Y Yates Murphy, Speaker
3760
JOURNAL OF THE HOUSE
On the motion, the ayes were 156, nays 0.
The motion prevailed.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 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 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 Senate has passed by the requisite constitutional majority the following bills of the House:
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.
HB 1565. By Representative Byrd of the 170th:
A BILL to amend Code Section 48-7-29 of the Official Code of Georgia
WEDNESDAY, APRIL 10, 2002
3761
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 Senate has adopted by the requisite constitutional majority the following resolution of the House:
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 Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
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.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 1663. By Representatives Buck of the 135th, Smyre of the 136th, Taylor of the 134th, Hugley 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.
The following Senate substitute was read:
A BILL
To amend an Act providing a new charter for the county-wide government of Columbus,
3762
JOURNAL OF THE HOUSE
Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, so as to revise the districts for the election of members of the city council; 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 repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing a new charter for the county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, is amended by striking paragraphs (1) and (2) of Section 6-101 and inserting new paragraphs (1) and (2) to read as follows:
"(1) For the purpose of electing the district councilors, the territory of the consolidated government shall be divided into eight council districts as follows:
COUNCIL DISTRICT ONE All those lots, tracts or parcels of land situate, lying and being in Columbus, Muscogee County, Georgia, and being denominated as, Council District One, all as shown on a map entitled '2001 ELECTION PRECINCTS MAP', which map was prepared by the Department of Community and Economic Development Planning Division of Columbus, Georgia; is dated November 27, 2001, and is on file in the Office of the Clerk of Council of Columbus, Georgia. In the event of any conflict between the description hereinafter stated and such map hereinabove referred, then the provisions hereof shall prevail in resolving any such conflict. Said Council District One is more particularly described as follows, to-wit:
BEGINNING at the point which designates the intersection of the center line of Bull Creek with the center line of Forrest Road and thence running from said latter point of intersection and beginning in a southeasterly direction along the center line of Forrest Road to the point where the center line of Forrest Road intersects with the center line of Floyd Road; thence running from said latter point of intersection, in a southerly, southwesterly and southerly direction, along the center line of Floyd Road to the point where the center line of Floyd Road intersects with the center line of Buena Vista Road and McBride Drive; thence running from said latter point of intersection, in a southerly direction, along the center line of McBride Drive to the point where the center line of McBride Drive intersects with the center line of Mehaffey Street; thence running from said latter point of intersection, in a westerly direction, along the center line of Mehaffey Street to the point where the center line of Mehaffey Street intersects with the center line of Rosa Drive; thence running from said latter point of intersection, in a southerly direction, along the center line of Rosa Drive to the point where the center line of Rosa Drive intersects with the center line of Chapman Street; thence running from said latter point of intersection, in a westerly direction, along the center line of
WEDNESDAY, APRIL 10, 2002
3763
Chapman Street to the point where the center line of Chapman Street intersects with the center line of Englewood Drive; thence running from said latter point of intersection, in a southerly direction, along the center line of Englewood Drive to the point where the center line of Englewood Drive intersects with the center line of Childress Street; thence running from said latter point of intersection, in an easterly direction, along the center line of Childress Street to the point where the center line of Childress Street intersects with the center line of Cardinal Drive; thence running from said latter point of intersection in a southerly, southwesterly and southerly direction along the center line of Cardinal Drive to the point where the center line of Cardinal Drive intersects with the center line of Steam Mill Road and Wickham Drive; thence running from said latter point of intersection, in a southerly direction, along the center line of Wickham Drive to the point where the center line of Wickham Drive intersects with the center line of St. Marys Branch; thence running from said latter point of intersection, in a westerly and northwesterly direction, along the center line of St. Marys Branch to the point where the center line of St. Marys Branch intersects with the center line of St. Marys Road; thence running from said latter point of intersection, in a northwesterly direction, along the center line of St. Marys Road to the point where the center line of St. Marys Road intersects with the center line of Buena Vista Road; thence running from said latter point of intersection, in a northwesterly direction, along the center line of Buena Vista Road to the point where the center line of Buena Vista Road intersects with the center line of Chesterfield Avenue; thence running from said latter point of intersection, in a southwesterly direction, along the center line of Chesterfield Avenue to the point where an imaginary prolongation of the center line of Chesterfield Avenue intersects with the center line of Martin Luther King Boulevard; thence running from said latter point of intersection, in a westerly direction, along the center line of Martin Luther King Boulevard to the point where the center line of Martin Luther King Boulevard intersects with the center line of Brown Avenue; thence running from said latter point of intersection, in a northerly direction, along the center line of Brown Avenue to the point where the center line of Brown Avenue intersects with the center line of Shepherd Drive; thence running from said latter point of intersection, in a westerly direction, along the center line of Shepherd Drive to the point where the center line of Shepherd Drive intersects with the center line of 18th Avenue; thence running from said latter point of intersection, in a northerly direction, along the center line of 18th Avenue to the point where the center line of 18th Avenue intersects with the center line of Murray Street; thence running from said latter point of intersection, in a westerly direction, along the center line of Murray Street to the point where the center line of Murray Street intersects with the center line of Talley Avenue; thence running from said latter point of intersection, in a northerly direction, along the center line of Talley Avenue to the point where the center line of Talley Avenue intersects with the center line of Collier Street; thence running from said latter point of intersection,
3764
JOURNAL OF THE HOUSE
in a westerly direction, along the center line of Collier Street to the point where the center line of Collier Street intersects with the center line of Palmetto Avenue; thence running from said latter point of intersection, in a northerly direction, along the center line of Palmetto Avenue to the point where the center line of Palmetto Avenue intersects with the center line of Coffee Court; thence running from said latter point of intersection, in a westerly direction, along the center line of Coffee Court to the point where the center line of Coffee Court intersects with the center line of Ragland Court; thence running from said latter point of intersection, westerly along the center line of Ragland Court, to the point where the center line of Ragland Court intersects with the center line of Ragland Street; thence running from said latter point of intersection, in a westerly direction, along the center line of Ragland Street to the point where the center line of Ragland Street intersects with the center line of Magnolia Avenue; thence running from said latter point of intersection, in a north, northerly direction, along the center line of Magnolia Avenue to the point where the center line of Magnolia Avenue intersects with the center line of 9th Street; thence running from said latter point of intersection, in a westerly, southwesterly direction, along the center line of 9th Street to the point where the center line of 9th Street intersects with the center line of Martin Luther King Boulevard; thence running from said latter point of intersection, in a northwesterly direction, along the center line of Martin Luther King Boulevard to the point where the center line of Martin Luther King Boulevard intersects with the center line of 10th Avenue; thence running from said latter point of intersection, in a northerly direction, along the center line of 10th Avenue to the point where the center line of 10th Avenue intersects with the center line of Wynnton Road; thence running from said latter point of intersection, in a northeasterly direction, along the center line of Wynnton Road to the point where the center line of Wynnton Road intersects with the center line of 18th Avenue; thence running from said latter point of intersection, in a northerly direction, along the center line of 18th Avenue to the point where the center line of 18th Avenue intersects with the center line of 12th Street; thence running from said latter point of intersection, in a northeasterly direction, along the center line of 12th Street to the point where the center line of 12th Street intersects with the center line of Owsley Avenue; thence running from said latter point of intersection, in a northerly direction, along the center line of Owsley Avenue to the point where the center line of Owsley Avenue intersects with the center line of 13th Street; thence running from said latter point of intersection, in a westerly direction, along the center line of 13th Street to the point where the center line of 13th Street intersects with the meandering center line of Weracoba Creek; thence running from said latter point of intersection, in a northerly direction, along the meandering center line of Weracoba Creek to the point where the center line of Weracoba Creek intersects with the center line of 17th Street; thence running from said latter point of intersection, in an easterly direction, along the center line of 17th Street to the point where the center line of 17th Street intersects with the center line of Dell
WEDNESDAY, APRIL 10, 2002
3765
Drive; thence running from said latter point of intersection, in a southeasterly direction, along the center line of Dell Drive to the point where the center line of Dell Drive intersects with the center line of Macon Road; thence running from said latter point of intersection, in a northeasterly direction, along the center line of Macon Road to the point where the center line of Macon Road intersects with the center line of the I-185; thence running from said latter point of intersection, in a southeasterly direction, along the center line of I-185 to the point where the center line of I-185 intersects with the center line of the right-of-way of the Central of Georgia Railroad; thence running from said latter point of intersection, in a northeasterly direction, along the center line of the right-of-way of the Central of Georgia Railroad to the point where the center line of the right-of-way of the Central of Georgia Railroad intersects with the center line of Forrest Road; thence running from said latter point of intersection, in a southeasterly direction, along the center line of Forrest Road to the point where the center line of Forrest Road intersects with the center line of Bull Creek being the POINT OF BEGINNING of Council District One herein described. COUNCIL DISTRICT TWO All those lots, tracts or parcels of land situate, lying and being in Columbus, Muscogee County, Georgia, and being denominated as Council District Two, all as shown on a map entitled '2001 ELECTION PRECINCTS MAP', which map was prepared by the Department of Community and Economic Development Planning Division of Columbus, Georgia; is dated November 27, 2001, and is on file in the Office of the Clerk of Council of Columbus, Georgia. In the event of any conflict between the description hereinafter stated and such map hereinabove referred, then the provisions hereof shall prevail in resolving any such conflict. Said Council District Two is more particularly described as follows, to-wit: BEGINNING at the point where the center line of Bradley Park Drive intersects with the center line of Whitesville Road and thence running from said latter point of intersection, in a westerly direction, along the center line of Bradley Park Drive to the point where the center line of Bradley Park Drive intersects with the center line of the J. R. Allen Parkway; thence running from said latter point of intersection, in a southwesterly, southerly and southwesterly direction, along the center line of the J. R. Allen Parkway to the point where the J. R. Allen Parkway intersects the western highwater mark of the Chattahoochee River as it forms the boundary line between the states of Georgia and Alabama and Muscogee County, Georgia, and Russell County, Alabama; thence running from said latter point of intersection, in a northwesterly direction, along the meandering highwater mark of the Chattahoochee River as the same forms the respective boundary line between the states of Georgia and Alabama to the point where the boundary line of the states of Georgia and Alabama as the same is constituted by the highwater mark of the Chattahoochee River intersects with the boundary line dividing Muscogee County, Georgia, and Harris County, Georgia, all as shown on said map, and thence running from said latter point of intersection, in an easterly direction, along
3766
JOURNAL OF THE HOUSE
the boundary line dividing Muscogee County, Georgia, and Harris County, Georgia, to the point where such latter boundary line intersects with the center line of Veterans Parkway; thence running from said latter point of intersection, in a southeasterly, southerly and southwesterly direction, along the center line of Veterans Parkway to the point which designates the intersection of the center line of Veterans Parkway with the center line of Moon Road; thence running from said latter point of intersection, in a southeasterly direction, along the center line of Moon Road to the point which designates the intersection of the center line of Moon Road with the center line of Livingston Drive; thence running from said latter point of intersection, in a westerly and southerly direction, along the center line of Livingston Drive to the point where Livingston Drive terminates; thence running from said latter point of termination, due east along the center line of an imaginary prolongation of Livingston Drive to the point where such imaginary of prolongation of the center line of Livingston Drive intersects with the center line of Moon Road; thence running from said latter point of intersection, in a southerly, southeasterly direction, along the center line of Moon Road to the point where the center line of Moon Road intersects with the center line of Weems Road; thence running from said latter point of intersection, in a westerly direction, along the center line of Weems Road to the point which designates the intersection of the center line of Weems Road with the center line of Lindsey Creek; thence running from said latter point of intersection, in a southeasterly and southwesterly direction, along the meandering center line of said Lindsey Creek as it flows into and out of Lake Heath to the point where Lindsey Creek intersects with Lindsey Branch; thence running from said latter point of intersection, in a southerly direction, along the center line of Lindsey Branch to the point where the center line of Lindsey Branch intersects with the center line of West Britt David Road as it becomes Miller Road; thence running from said latter point of intersection, in a northeasterly direction, along the center line of Miller Road to the point where the center line of Miller Road intersects with the center line of Moon Road; thence running from said latter point of intersection, in a southeasterly and easterly direction, along the center line of Miller Road to a point where the center line of Miller Road intersects with the center line of Pittman Street; thence running from said latter point of intersection, in a southerly and southwesterly direction, along the center line of Pittman Street to the point where the center line of Pittman Street intersects with the center line of Lindsey Creek; thence running from said latter point of intersection, in a southwesterly and southerly direction, along the meandering center line of Lindsey Creek to the point where the center line of Lindsey Creek intersects with the center line of the Columbus Manchester Expressway; thence running from said latter point of intersection, in a southwesterly direction, along the center line of the Columbus Manchester Expressway to the point where the center line of the Columbus Manchester Expressway intersects with the center line of I-185; thence running from said latter point of intersection, in a northerly and northwesterly direction, along the center
WEDNESDAY, APRIL 10, 2002
3767
line of I-185 to the point where the center line of I-185 intersects with the center line of the Airport Thruway; thence running from said latter point of intersection, in a west, northwesterly direction, along the center line of the Airport Thruway to the point where the center line of the Airport Thruway intersects with the center line of the Veterans Parkway; thence running from said latter point of intersection, in a northeasterly direction, along the center line of the Veterans Parkway to the point where the center line of the Veterans Parkway intersects with the center line of Whitesville Road; thence running from said latter point of intersection, in a northwesterly direction, along the center line of Whitesville Road to the point where the center line of Whitesville Road intersects with the center line of Bradley Park Drive, which latter point of intersection is the POINT OF BEGINNING of said Council District Two herein described. COUNCIL DISTRICT THREE All those lots, tracts or parcels of land situate, lying and being in Columbus, Muscogee County, Georgia, and being denominated as Council District Three, all as shown on a map entitled '2001 ELECTION PRECINCTS MAP', which map was prepared by the Department of Community and Economic Development Planning Division of Columbus, Georgia; is dated November 27, 2001, and is on file in the Office of the Clerk of Council of Columbus, Georgia. In the event of any conflict between the description hereinafter stated and such map hereinabove referred, then the provisions hereof shall prevail in resolving any such conflict. Said Council District Three is more particularly described as follows, to-wit: BEGINNING at the point where the center line of Wickham Drive intersects with the center line of St. Marys Branch and thence running from said latter point of intersection and point of beginning, in a westerly, northwesterly direction, along the meandering center line of St. Marys Branch to the point where the center line of St. Marys Branch intersects with the center line of St. Marys Road; thence running from said latter point of intersection, in a northwesterly direction, along the center line of St. Marys Road to the point where the center line of St. Marys Road intersects with the center line of Buena Vista Road; thence running from said latter point of intersection, in a northwesterly direction, along the center line of Buena Vista Road to the point where the center line of Buena Vista Road intersects with the center line of Chesterfield Avenue; thence running from said latter point of intersection, in a southwesterly direction, along the center line of Chesterfield Avenue to the point where the imaginary prolongation of the center line of Chesterfield Avenue intersects with the center line of Martin Luther King Boulevard; thence running from said latter point of intersection, in a westerly direction, along the center line of Martin Luther King Boulevard to the point where the center line of Martin Luther King Boulevard intersects with the center line of Brown Avenue; thence running from said latter point of intersection, in a southerly direction, along the center line of Brown Avenue to the point where the center line of Brown Avenue intersects with the center line of the right-of-way of the Central of Georgia Railroad; thence running from said latter point of
3768
JOURNAL OF THE HOUSE
intersection, in an easterly, southeasterly direction, along the center line of the right-of-way of the Central of Georgia Railroad to the point which designates the intersection of the center line of the Central of Georgia Railroad with the center line of Bull Creek; thence running from said latter point of intersection, in a southerly, southwesterly and southeasterly direction, along the meandering course of the center line of Bull Creek to the point which designates the intersection of the center line of Bull Creek with the center line of Victory Drive; thence running from said latter point of intersection, in a southeasterly direction, along the center line of Victory Drive to the intersection of the center line of Victory Drive and Fort Benning Road; thence running from said latter point of intersection, in a southwesterly direction, along the center line of Fort Benning Road to the city limits of Columbus, Georgia, and the boundary line of the Fort Benning United States Military Reservation; thence running from said latter point of intersection, in a southerly, easterly and northerly direction, along the boundary line dividing the city limits of Columbus, Georgia, and the Fort Benning Military United States Reservation as the same in part forms the center line of Arrowhead Road and Sante Fe Road to the point where the city limits of Columbus, Georgia, and the center line of Sante Fe Road intersects with the center line of Victory Drive; thence running from said latter point of intersection, in an easterly direction, along the center line of Victory Drive as it forms the boundary line between the Fort Benning United States Military Reservation and the city limits of Columbus, Georgia, to the point where the center line of Victory Drive intersects with the center line of Cusseta Road; thence running from said latter point of intersection, in a northwesterly direction, along the center line of Cusseta Road to the point where the center line of Cusseta Road intersects with the city limits of Columbus, Georgia, and the boundary line of the Fort Benning United States Military Reservation; thence running from said latter point of intersection, in an easterly direction, along the center line of the boundary line between the city limits of Columbus, Georgia, and the Fort Benning United States Military Reservation to the point which designates the intersection of such latter boundary line with the center line of Tiger Creek; thence running from said latter point of intersection, in a northerly direction, along the meandering center line of Tiger Creek as the same forms the boundary line between the city limits of Columbus, Georgia, and the Fort Benning United States Military Reservation to the point where Tiger Creek and such latter boundary line diverge; thence running from said latter point of intersection and divergence, in a westerly direction, along the boundary line dividing the city limits of Columbus, Georgia, and the Fort Benning United States Military Reservation to the point where such boundary line turns due north; thence running from said latter turning point along said latter boundary line to the point where said latter boundary line intersects with the center line of a branch of Tiger Creek lying between Pierson Drive and Converse Drive all as shown on said aforecited map; thence running from said latter point of intersection along the center line of said latter branch of Tiger Creek to the point where the center line of
WEDNESDAY, APRIL 10, 2002
3769
said branch of Tiger Creek intersects with the center line of Jefferson Drive; thence running from said latter point of intersection, in a southerly direction, along the center line of Jefferson Drive to the point where the center line of Jefferson Drive intersects with the center line of Kennedy Street; thence running from said latter point of intersection, in a northwesterly direction, along the center line of Kennedy Street to the point where the center line of Kennedy Street intersects with the center line of Northstar Drive; thence running from said latter point of intersection, in a southwesterly direction, along the center line of Northstar Drive to the point where the center line of Northstar Drive intersects with the center line of St. Marys Road; thence running from said latter point of intersection, in a northwesterly direction, along the center line of St. Marys Road to the point where the center line of St. Marys Road intersects with the center line of Wickham Drive; thence running from said latter point of intersection, in a northerly direction, along the center line of Wickham Drive to the point where the center line of Wickham Drive intersects with the center line of St. Marys Branch and which latter point of intersection is the POINT OF BEGINNING of said Council District Three herein described. COUNCIL DISTRICT FOUR All those lots, tracts or parcels of land situate, lying and being in Columbus, Muscogee County, Georgia, and being denominated as Council District Four, all as shown on a map entitled '2001 ELECTION PRECINCTS MAP', which map was prepared by the Department of Community and Economic Development Planning Division of Columbus, Georgia; is dated November 27, 2001, and is on file in the Office of the Clerk of Council of Columbus, Georgia. In the event of any conflict between the description hereinafter stated and such map hereinabove referred, then the provisions hereof shall prevail in resolving any such conflict. Said Council District Four is more particularly described as follows, to-wit: BEGINNING at the point where the center line of Wickham Drive intersects with the center line of St. Marys Road; and thence running from said point of intersection and beginning, in a northerly direction, along the center line of Wickham Drive to the point where the center line of Wickham Drive intersects with the center line of Steam Mill Road and Cardinal Drive; thence running from said latter point of intersection, in a northerly direction, along the center line of Cardinal Drive to the point where the center line of Cardinal Drive intersects with the center line of Childress Street; thence running from said latter point of intersection, in a westerly direction, along the center line of Childress Street to the point where the center line of Childress Street intersects with the center line of Englewood Drive; thence running from said latter point of intersection, in a northerly direction, along the center line of Englewood Drive to the point where the center line of Englewood Drive intersects with the center line of Chapman Street; thence running from said latter point of intersection, in an easterly direction, along the center line of Chapman Street to the point where the center line of Chapman Street intersects with the center line of Rosa Drive; thence
3770
JOURNAL OF THE HOUSE
running from said latter point of intersection, in a northerly direction, along the center line of Rosa Drive to the point where the center line of Rosa Drive intersects with the center line of Mehaffey Street; thence running from said latter point of intersection, in an easterly direction, along the center line of Mehaffey Street to the point where the center line of Mehaffey Street intersects with the center line of McBride Drive; thence running from said latter point of intersection, in a northerly direction, along the center line of McBride Drive to the point where the center line of McBride Drive intersects with the center line of Buena Vista Road and Floyd Road; thence running from said latter point of intersection, in a northerly, northeasterly and northerly direction, along the center line of Floyd Road to the point where the center line of Floyd Road intersects with the center line of Woodruff Farm Road and Forrest Road; thence running from said latter point of intersection, in a northwesterly direction, along the center line of Forrest Road to the point where the center line of Forrest Road intersects with the center line of Bull Creek; thence running from said latter point of intersection, in a northeasterly direction, along the meandering center line of Bull Creek to the point where the center line of Bull Creek intersects the center line of Schatulga Road; thence running from said latter point of intersection, in a southerly direction, along the center line of Schatulga Road to the point where the center line of Schatulga Road intersects with the center line of Cargo Drive; thence running from said latter point of intersection due east along an imaginary prolongation of the center line of Cargo Drive 1.89 miles to the point where such imaginary prolongation of the center line of Cargo Drive intersects with the center line of the 10th Armored Division Road; thence running from said latter point of intersection, in a southwesterly direction, along the center line of the 10th Armored Division Road as it forms the new boundary between the city limits of Columbus, Georgia, and the Fort Benning United State Military Reservation to the point where the center line of the 10th Armored Division Road intersects with the center line of Forrest Road; thence running from said latter point of intersection, in a westerly and northwesterly direction, along the center line of Forrest Road to the point where the center line of Forrest Road intersects with the new city limits of Columbus, Georgia, and the Fort Benning United States Miliary Reservation; thence running from said latter point of intersection, in a westerly direction, along said latter boundary line to the point where said latter boundary line turns due south and then due west and intersects with the center line of Schatulga Road and Hunter Road; thence running from said latter point of intersection, in a southerly direction, along the center line of Schatulga Road as the same forms the boundary line of the city limits of Columbus, Georgia, and the Fort Benning United States Military Reservation to the point where said latter boundary line turns due west to the point where such latter boundary line turns due south; thence running south along said latter boundary line to the point where said latter boundary line intersects with the center line of a branch of Tiger Creek lying between Pierson Drive and Converse Drive all as shown on said aforecited map; thence running from said latter point of
WEDNESDAY, APRIL 10, 2002
3771
intersection along the center line of said latter branch of Tiger Creek to the point where the center line of said branch of Tiger Creek intersects with the center line of Jefferson Drive; thence running from said latter point of intersection, in a southerly direction, along the center line of Jefferson Drive to the point where the center line of Jefferson Drive intersects with the center line of Kennedy Street; thence running from said latter point of intersection, in a northwesterly and westerly direction, along the center line of Kennedy Street to the point where the center line of Kennedy Street intersects with the center line of Northstar Drive; thence running from said latter point of intersection, in a southwesterly direction, along the center line of Northstar Drive to the point where the center line of Northstar Drive intersects with the center line of St. Marys Road; thence running from said latter point of intersection, in a northwesterly direction, along the center line of St. Marys Road to the point where the center line of St. Marys Road intersects with the center line of Wickham Drive which is the POINT OF BEGINNING of Council District Four herein described. COUNCIL DISTRICT FIVE All those lots, tracts or parcels of land situate, lying and being in Columbus, Muscogee County, Georgia, and being denominated as Council District Five, all as shown on a map entitled '2001 ELECTION PRECINCTS MAP', which map was prepared by the Department of Community and Economic Development Planning Division of Columbus, Georgia; is dated November 27, 2001, and is on file in the Office of the Clerk of Council of Columbus, Georgia. In the event of any conflict between the description hereinafter stated and such map hereinabove referred, then the provisions hereof shall prevail in resolving any such conflict. Said Council District Five is more particularly described as follows, to-wit: BEGINNING at the point where the center line of the Manchester Expressway intersects with the center line of I-185, all as shown on said map or plat, and thence running from said latter point of beginning and intersection, in an easterly and northeasterly direction, along the center line of the Manchester Expressway to the point where the center line of the Manchester Expressway intersects with the center line of Lindsey Creek; thence running in a northeasterly direction along the meandering center line of Lindsey Creek until the meandering center line of Lindsey Creek intersects with the center line of Pittman Street; thence running from said latter point of intersection, in an easterly and northerly direction, along the center line of Pittman Street until it intersects and becomes the center line of Miller Road; thence running from said latter point of intersection, in an easterly direction, along the center line of Miller Road to the point where the center line of Miller Road intersects with the center line of the Manchester Expressway; thence running from said latter point of intersection, in a northeasterly direction, along the center line of the Manchester Expressway to the point where the center line of Manchester Expressway intersects with the center line of Beaver Run Road; thence running from said latter point of intersection, in a southeasterly direction, along the center line of Beaver Run Road to the point where the center line of
3772
JOURNAL OF THE HOUSE
Beaver Run Road intersects with the center line of Flat Rock Road; thence running from said latter point of intersection, in a westerly and southerly direction, along the center line of Flat Rock Road to the point where the center line of Flat Rock Road intersects with the center line of Bull Creek; and thence running from said latter point of intersection, in a southwesterly direction, along the meandering center line of Bull Creek to the point where the meandering center line of Bull Creek intersects with the center line of Forrest Road; thence running from said latter point of intersection, in a northwesterly direction, along the center line of Forrest Road to the point where the center line of Forrest Road intersects with the center line of the right-of-way of the Central of Georgia Railroad; thence running from said latter point of intersection, in a southwesterly direction, along the center line of the right-of-way of the Central of Georgia Railroad to the point where the center line of the right-of-way of the Central of Georgia Railroad intersects with the center line of I-185; thence running from said latter point of intersection, in a northwesterly direction, along the center line of I-185 to the point where the center line of the I-185 intersects with the center line of Macon Road; thence running from said latter point of intersection along the center line of Macon Road, in a southwesterly direction, to the point where the center line of Macon Road intersects with the center line of Dell Drive; thence running from said latter point of intersection, in a northwesterly direction, along the center line of Dell Drive to the point where the center line of Dell Drive intersects with the center line of 17th Street; thence running from said latter point of intersection, in a westerly direction, along the center line of 17th Street to the point where the center line of 17th Street intersects with the center line of Hilton Avenue; thence running from said latter point of intersection, in a northerly direction, along the center line of Hilton Avenue to the point where the center line of Hilton Avenue intersects with the center line of Country Club Road; thence running from said latter point of intersection, in an easterly direction, along the center line of Country Club Road to the point where the center line of Country Club Road intersects with the center line of Meadowview Drive; thence running from said latter point of intersection, in a northwesterly direction, along the center line of Meadowview Drive to the point where the center line of Meadowview Drive intersects with the center line of Lynda Lane; thence running from said latter point of intersection, in an easterly direction, along the center line of Lynda Lane to the point where the center line of Lynda Lane intersects with the center line of Clubview Drive; thence running from said latter point of intersection, in a northerly direction, along the center line of Clubview Drive to the point where the center line of Clubview Drive intersects with the center line of Edgewood Road; thence running from said latter point of intersection, in a southeasterly direction, along the center line of Edgewood Road to the point where the center line of Edgewood Road intersects with the center line of I-185; thence running from said latter point of intersection, in a northwesterly direction, along the center line of I-185 to the point where the center line of I-185
WEDNESDAY, APRIL 10, 2002
3773
intersects with the center line of the Manchester Expressway, being the POINT OF BEGINNING of Council District Five herein described. COUNCIL DISTRICT SIX All those lots, tracts or parcels of land situate, lying and being in Columbus, Muscogee County, Georgia, and being denominated as Council District Six, all as shown on a map entitled '2001 ELECTION PRECINCTS MAP', which map was prepared by the Department of Community and Economic Development Planning Division of Columbus, Georgia; is dated November 27, 2001, and is on file in the Office of the Clerk of Council of Columbus, Georgia. In the event of any conflict between the description hereinafter stated and such map hereinabove referred, then the provisions hereof shall prevail in resolving any such conflict. Said Council District Six is more particularly described as follows, to-wit: BEGINNING at a point where the center line of Veterans Parkway intersects with the boundary line dividing the corporate limits of Columbus, Georgia, from Harris County and thence running from said latter point of intersection and beginning, in a southeasterly, southerly, and southwesterly direction, along the center line of Veterans Parkway to the point where the center line of Veterans Parkway intersects with the center line of Williams Road and Moon Road; thence running from said latter point of intersection, in a southeasterly and southerly direction, along the center line of Moon Road to the point where the center line of Moon Road intersects with the center line of Livingston Drive; thence running from said latter point of intersection, in a westerly and southerly direction, along the center line of Livingston Drive to the point where Livingston Drive terminates and deadends; thence running from said latter point of termination due east along the center line of an imaginary prolongation of Livingston Drive to the point where said center line of an imaginary prolongation of Livingston Drive intersects with the center line of Moon Road; thence running from said latter point of intersection, in a southerly, southeasterly direction, along the center line of Moon Road to the point where the center line of Moon Road intersects with the center line of Weems Road; thence running from said latter point of intersection, in a westerly direction, along the center line of Weems Road to the point where the center line of Weems Road intersects with the center line of Lindsey Creek; thence running from said latter point of intersection, in a southeasterly and southerly and southwesterly direction, along the meandering center line of said Lindsey Creek as it flows into and out of Lake Heath to the point where the center line of said Lindsey Creek intersects with the center line of Lindsey Branch; thence running from said latter point of intersection, in a southerly direction, along the meandering center line of Lindsey Branch to the point where the center line of Lindsey Branch intersects with the center line of West Britt David Road as it becomes the center line of Miller Road; thence running from said latter point of intersection, in a northeasterly direction, along the center line of Miller Road to the point where the center line of Miller Road intersects with the center line of Moon Road; thence running from said latter point of intersection, in a southeasterly and easterly
3774
JOURNAL OF THE HOUSE
direction, along the center line of Miller Road to the point where the center line of Miller Road intersects with the center line of the Manchester Expressway; thence running from said latter point of intersection, in a northeasterly direction, along the center line of the Manchester Expressway to the point where the center line of the Manchester Expressway intersects with the center line of Beaver Run Road; thence running from said latter point of intersection, in a southeasterly direction, along the center line of Beaver Run Road to the point where the center line of Beaver Run Road intersects with the center line of Flat Rock Road; thence running from said latter point of intersection, in a south, southeasterly and southerly direction, along the center line of Flat Rock Road as it becomes the center line of Schatulga Road to the point where the center line of Schatulga Road intersects with the center line of Cargo Drive; thence running from said latter point of intersection due east along the center line of an imaginary easterly prolongation of Cargo Drive 1.89 miles to the point where said imaginary prolongation of the center line of Cargo Drive intersects with the center line of the 10th Armored Division Road as the same forms the new boundary line between the city limits of Columbus, Georgia, and the Fort Benning United States Military Reservation; thence running from said latter point of intersection, in a northeasterly and northwesterly direction, along the center line of the 10th Armored Division Road as it forms said latter boundary line to the point where the center line of the 10th Armored Division Road intersects with the center line of Chattsworth Road as the same forms the boundary line between the city limits of Columbus, Georgia, and the Fort Benning United States Military Reservation; thence running from said latter point of intersection, in a northeasterly, easterly and southeasterly direction, along the center line of Chattsworth Road as it forms said latter boundary line to the point where the center line of Chattsworth Road intersects with the center line of the right-of-way of the Central of Georgia Railroad; thence running, in an easterly and southeasterly direction, along the center line of the right-of-way of the Central of Georgia Railroad as it forms the boundary line between the corporate limits of Columbus, Georgia, and the Fort Benning United States Military Reservation to the point where the center line of the right-of-way of the Central of Georgia Railroad as it forms the boundary line of the corporate limits of Columbus, Georgia, and the Fort Benning United States Military Reservation intersects with the boundary line between Muscogee County, Georgia, and Talbot County, Georgia, formed by the center line of Baker Creek; thence running along said latter boundary line, in a northerly, northwesterly, due west and due north direction, until said latter boundary line intersects with the boundary line dividing Talbot County, Georgia; Harris County, Georgia; and Muscogee County, Georgia, all as shown on said map or plat; thence running from said latter point of intersection due west along said latter boundary line dividing Harris County, Georgia, and Muscogee County, Georgia, due west and due north and due west again, all as shown on said map or plat, to the point where said latter boundary line dividing Harris County, Georgia, and Muscogee County, Georgia, intersects with
WEDNESDAY, APRIL 10, 2002
3775
the center line of Veterans Parkway which latter point of intersection is the POINT OF BEGINNING of Council District Six herein described. COUNCIL DISTRICT SEVEN All those lots, tracts or parcels of land situate, lying and being in Columbus, Muscogee County, Georgia, and being denominated as Council District Seven, all as shown on a map entitled '2001 ELECTION PRECINCTS MAP', which map was prepared by the Department of Community and Economic Development Planning Division of Columbus, Georgia; is dated November 27, 2001, and is on file in the Office of the Clerk of Council of Columbus, Georgia. In the event of any conflict between the description hereinafter stated and such map hereinabove referred, then the provisions hereof shall prevail in resolving any such conflict. Said Council District Seven is more particularly described as follows, to-wit: BEGINNING at the point which designates the intersection of the center line of Victory Drive with the center line of Fort Benning Road; thence running from said latter point of intersection, in a southwesterly direction, along the center line of Fort Benning Road to the boundary line dividing the corporate limits of Columbus, Georgia, and Fort Benning United States Military Reservation; thence running from said latter point of intersection due west and southwest along said latter boundary line between Columbus, Georgia, corporate limits and the Fort Benning United States Military Reservation; thence running from said latter point of intersection along the center line of the boundary line dividing the corporate limits of Columbus, Georgia, and the Fort Benning United States Military Reservation, in a southwesterly direction all as shown on said map or plat to the point where said boundary line intersects with the highwater mark of the east side of the Chattahoochee River; thence running from said latter point of intersection in a westerly direction along said latter boundary line to the point where said latter boundary line intersects with the highwater mark of the west bank of the Chattahoochee River which forms the eastern boundary line of the State of Alabama, the western boundary line of the State of Georgia and the western boundary line of the corporate limits of Columbus, Georgia; thence running along said latter boundary lines along the meandering course of the Chattahoochee River to an imaginary point which designates an imaginary westerly prolongation of the center line of 20th Street all as shown on said map; thence running due east along the center line of said imaginary prolongation of 20th Street to the point where said center line of an imaginary prolongation of 20th Street intersects with the center line of 20th Street and the center line of 1st Avenue; thence running from said latter point of intersection in a northerly direction along the center line of 1st Avenue to the point where the center line of 1st Avenue intersects with the center line of 32nd Street; thence running from said latter point of intersection, in an easterly direction, along the center line of 32nd Street to the point where the center line of 32nd Street intersects with the center line of 6th Avenue; thence running from said latter point of intersection in a northerly direction along the center line of 6th Avenue to the point where the center line of 6th Avenue intersects with the
3776
JOURNAL OF THE HOUSE
center line of 32nd Street; thence running from said latter point of intersection in a southeasterly direction along the center line of 32nd Street to the point where the center line of 32nd Street intersects with the center line of 9th Avenue; thence running from said latter point of intersection in a northwesterly direction along the center line of 9th Avenue to the point where the center line of 9th Avenue intersects with the center line of 35th Street; thence running from said latter point of intersection, in an easterly direction, along the center line of 35th Street to the point where the center line of 35th Street intersects with the center line of Earline Avenue; thence running from said latter point of intersection in a northeasterly direction along the center line of Earline Avenue to the point where the center line of Earline Avenue intersects with the center line of 35th Street; thence running from said latter point of intersection in a southeasterly direction along the center line of 35th Street to the point where the center line of 35th Street intersects with the center line of the Veterans Parkway; thence running from said latter point of intersection in a southwesterly direction along the center line of the Veterans Parkway to the point where the center line of the Veterans Parkway intersects with the center line of 26th Street; thence running from said latter point of intersection, in an easterly direction, along the center line of 26th Street to the point where the center line of 26th Street intersects with the center line of Hamilton Road; thence running from said latter point of intersection in a northeasterly direction along the center line of Hamilton Road to the point where the center line of Hamilton Road intersects with the center line of 27th Street; thence running from said latter point of intersection in a southeasterly direction along the center line of 27th Street to the point where the center line of 27th Street intersects with the center line of Talbotton Road; thence running from said latter point of intersection in a northeasterly direction along the center line of Talbotton Road to the point where the center line of Talbotton Road intersects with the center line of 17th Avenue; thence running from said latter point of intersection in a southerly direction along the center line of 17th Avenue to the point where the center line of 17th Avenue intersects with the center line of 22nd Street; thence running from said latter point of intersection in a westerly direction along the center line of 22nd Street to the point where the center line of 22nd Street intersects with the center line of 14th Avenue; thence running from said latter point of intersection in a southerly direction along the center line of 14th Avenue to the point where the center line of 14th Avenue intersects with the center line of 21st Street; thence running from said latter point of intersection in a westerly direction along the center line of 21st Street to the point where the center line of 21st Street intersects with the center line of 13th Avenue; thence running from said latter point of intersection in a northerly direction along the center line of 13th Avenue to the point where the center line of 13th Avenue intersects with the center line of 22nd Street; thence running from said latter point of intersection in a westerly direction along the center line of 22nd Street to the point where the center line of 22nd Street intersects with the center line of 12th Avenue; thence running from said latter
WEDNESDAY, APRIL 10, 2002
3777
point of intersection in a northerly direction along the center line of 12th Avenue to the point where the center line of 12th Avenue intersects with the center line of 23rd Street; thence running from said latter point of intersection in a westerly direction along the center line of 23rd Street until the center line of 23rd Street intersects with the center line of the right-of-way of the Southern Railroad; thence running from said latter point of intersection in a southwesterly and southerly direction along the center line of the Southern Railroad right-of-way to the point where the center line of the right-of-way of the Southern Railroad intersects with the center line of 17th Street; thence running from said latter point of intersection in a westerly direction along the center line of 17th Street to the point where the center line of 17th Street intersects with the center line of Veterans Parkway; thence running from said latter point of intersection in a southerly direction along the center line of Veterans Parkway to the point where the center line of Veterans Parkway intersects with the center line of the right-of-way of the Central of Georgia Railroad; thence running from said latter point of intersection in a southeasterly direction along the center line of the right-of-way of the Central of Georgia Railroad to the point where the center line of the right-of-way of the Central of Georgia Railroad intersects with the center line of Linwood Boulevard; thence running from said latter point of intersection in a southwesterly direction along the center line of Linwood Boulevard to the point where the center line of Linwood Boulevard intersects with the center line of 6th Avenue; thence running from said latter point of intersection in a southerly direction along the center line of 6th Avenue to the point where the center line of 6th Avenue intersects with the center line of 13th Street; thence running from said latter point of intersection, in an easterly direction, along the center line of 13th Street to the point where the center line of 13th Street intersects with the center line of 10th Avenue; thence running from said latter point of intersection in a southerly direction along the center line of 10th Avenue to the point where the center line of 10th Avenue intersects with the center line of 12th Street; thence running from said latter point of intersection, in an easterly direction, along the center line of 12th Street to the point where the center line of 12th Street intersects with the center line of Midway Drive; thence running from said latter point of intersection in a northeasterly direction along the center line of Midway Drive to the point where the center line of Midway Drive intersects with the center line of 13th Avenue; thence running from said latter point of intersection in a south, southeasterly direction along the center line of 13th Avenue to the point where the center line of 13th Avenue intersects with the center line of Wynnton Road; thence running from said latter point of intersection in a southwesterly direction along the center line of Wynnton Road to the point where the center line of Wynnton Road intersects with the center line of 10th Avenue; thence running from said latter point of intersection in a southerly direction along the center line of 10th Avenue to the point where the center line of 10th Avenue intersects with the center line of Martin Luther King Boulevard; thence running from said latter point of intersection in a southeasterly
3778
JOURNAL OF THE HOUSE
direction along the center line of Martin Luther King Boulevard to the point where the center line of Martin Luther King Boulevard intersects with the center line of 9th Street; thence running from said latter point of intersection in a northeasterly direction along the center line of 9th Street to the point where the center line of 9th Street intersects with the center line of Magnolia Avenue; thence running from said latter intersection in a southeasterly direction along the center line of Magnolia Avenue to the point where the center line of Magnolia Avenue intersects with the center line of Ragland Street; thence running from said latter point of intersection, in an easterly direction, along the center line of Ragland Street to the point where the center line of Ragland Street intersects with the center line of Ragland Court; thence running from said latter point of intersection, in a southeasterly direction, along the center line of Ragland Court to the point where the center line of Ragland Court intersects with the center line of Coffee Court; thence running from said latter point of intersection, in an easterly direction, along the center line of Coffee Court to the point where the center line of Coffee Court intersects with the center line of Palmetto Avenue; thence running from said latter point of intersection, in a southerly direction, along the center line of Palmetto Avenue to the point where the center line of Palmetto Avenue intersects with the center line of Collier Street; thence running from said latter point of intersection, in an easterly direction, along the center line of Collier Street to the point where the center line of Collier Street intersects with the center line of Talley Avenue; thence running from said latter point of intersection, in a southerly direction, along the center line of Talley Street to the point where the center line of Talley Street intersects with the center line of Murray Street; thence running from said latter point of intersection, in an easterly direction, along the center line of Murray Street to the point where the center line of Murray Street intersects with the center line of 18th Avenue; thence running from said latter point of intersection, in a southerly direction, along the center line of 18th Avenue to the point where the center line of 18th Avenue intersects with the center line of Shepherd Drive; thence running from said latter point of intersection, in an easterly direction, along the center line of Shepherd Drive to the point where the center line of Shepherd Drive intersects with the center line of Brown Avenue; thence running from said latter point of intersection, in a southerly, southwesterly direction, to the point where the center line of Brown Avenue intersects with the center line of the Central of Georgia Railroad; thence running from said latter point of intersection, in an easterly direction, along the center line of the right-of-way of the Central of Georgia Railroad to the point where the center line of the right-of-way of the Central of Georgia Railroad intersects with the center line of Bull Creek; thence running from said latter point of intersection, in a southerly, southeasterly and southwesterly direction, along the meandering center line of Bull Creek to the point where the center line of the Bull Creek intersects with the center line of Victory Drive; thence running from said latter point of intersection, in a southeasterly direction, along the center line of Victory Drive to the point where
WEDNESDAY, APRIL 10, 2002
3779
the center line of Victory Drive intersects with the center line of Fort Benning Road, and which point of intersection is the POINT OF BEGINNING of said Council District Seven herein described. COUNCIL DISTRICT EIGHT All those lots, tracts or parcels of land situate, lying and being in Columbus, Muscogee County, Georgia, and being denominated as Council District Eight, all as shown on a map entitled '2001 ELECTION PRECINCTS MAP', which map was prepared by the Department of Community and Economic Development Planning Division of Columbus, Georgia; is dated November 27, 2001, and is on file in the Office of the Clerk of Council of Columbus, Georgia. In the event of any conflict between the description hereinafter stated and such map hereinabove referred, then the provisions hereof shall prevail in resolving any such conflict. Said Council District Eight is more particularly described as follows, to-wit: BEGINNING at the point where the center line of Veterans Parkway intersects with the center line of Whitesville Road, and thence running from said latter point of intersection and beginning, in a southwesterly direction, along the center line of Veterans Parkway to the point where the center line of Veterans Parkway intersects with the center line of the Airport Thruway; thence running from said latter point of intersection, in an easterly, southeasterly and easterly direction, along the center line of the Airport Thruway to the point where the center line of Airport Thruway intersects with the center line of I-185; thence running from said latter point of intersection, in a southeasterly and southerly direction, along the center line of I-185 to the point where the center line of I-185 intersects with the center line of Edgewood Road; thence running from said latter point of intersection, in a northwesterly direction, along the center line of Edgewood Road to the point where the center line of Edgewood Road intersects with the center line of Clubview Drive; thence running from said latter point of intersection, in a southerly direction, along the center line of Clubview Drive to the point where the center line of Clubview Drive intersects with the center line of Lynda Lane; thence running from said latter point of intersection, in a westerly direction, along the center line of Lynda Lane to the point where the center line of Lynda Lane intersects with the center line of Meadowview Drive; thence running from said latter point of intersection, in a southeasterly direction, along the center line of Meadowview Drive to the point where the center line of Meadowview Drive intersects with the center line of Country Club Road; thence running from said latter point of intersection, in a westerly direction, along the center line of Country Club Road to the point where the center line of Country Club Road intersects with the center line of Hilton Avenue; thence running from said latter point of intersection, in a southerly and southeasterly direction, along the center line of Hilton Avenue to the point where the center line of Hilton Avenue intersects with the center line of 17th Street; thence running from said latter point of intersection, in a westerly direction, along the center line of 17th Street to the point where the center line of 17th Street intersects with the center line of Weracoba Creek; thence
3780
JOURNAL OF THE HOUSE
running from said latter point of intersection, in a southwesterly direction, along the meandering center line of Weracoba Creek the point where the center line of Weracoba Creek intersects with the center line of 13th Street; thence running from said latter point of intersection, in an easterly direction, along the center line of 13th Street to the point where the center line of 13th Street intersects with the center line of Owsley Avenue; thence running from said latter point of intersection, in a southerly direction, along the center line of Owsley Avenue to the point where the center line of Owsley Avenue intersects with the center line of 12th Street; thence running from said latter point of intersection, in a westerly direction, along the center line of 12th Street to the point where the center line of 12th Street intersects with the center line of 18th Avenue; thence running from said latter point of intersection, in a southerly direction, along the center line of 18th Avenue to the point where the center line of 18th Avenue intersects with the center line of Wynnton Road; thence running from said latter point of intersection, in a southwesterly direction, along the center line of Wynnton Road to the point where the center line of Wynnton Road intersects with the center line of 13th Avenue; thence running from said latter point of intersection, in a northwesterly and northerly direction, along the center line of 13th Avenue to the point where the center line of 13th Avenue intersects with the center line of Midway Drive; thence running from said latter point of intersection, in a southwesterly direction, along the center line of Midway Drive to the point where the center line of Midway Drive intersects with the center line of 12th Street; thence running from said latter point of intersection, in a westerly direction, along the center line of 12th Street to the point where the center line of 12th Street intersects with the center line of 10th Avenue; thence running from said latter point of intersection, in a northerly direction, along the center line of 10th Avenue to the point where the center line of 10th Avenue intersects with the center line of 13th Street; thence running from said latter point of intersection, in a westerly direction, along the center line of 13th Street to the point where the center line of 13th Street intersects with the center line of 6th Avenue; thence running from said latter point of intersection, in a northerly direction, along the center line of 6th Avenue to the point where the center line of 6th Avenue intersects with the center line of Linwood Boulevard; then running from said latter point of intersection, in a northeasterly direction, along the center line of Linwood Boulevard to a point where the center line of Linwood Boulevard intersects with the center line of the right-of-way of the Central of Georgia Railroad; thence running from said latter point of intersection, in a northwesterly direction, along the center line of the right-of-way of the Central of Georgia Railroad to the point where the center line of the right-of-way of the Central of Georgia Railroad intersects with the center line of Veterans Parkway; thence running from said latter point of intersection, in a northerly direction, along the center line of Veterans Parkway to the point where the center line of Veterans Parkway intersects with the center line of 17th Street; thence running from said latter point of intersection, in an easterly direction, along
WEDNESDAY, APRIL 10, 2002
3781
the center line of 17th Street to the point where the center line of 17th Street intersects with the center line of the right-of-way of the Southern Railway; thence running from said latter point of intersection, in a northwesterly and northeasterly direction, along the center line of the right-of-way of the Southern Railway to the point where the center line of the right-of-way of the Southern Railway intersects with the center line of 23rd Street; thence running from said latter point of intersection, in an easterly direction, along the center line of 23rd Street to the point where the center line of 23rd Street intersects with the center line of 12th Avenue; thence running from said latter point of intersection, in a southerly direction, along the center line of 12th Avenue to the point where the center line of 12th Avenue intersects with the center line of 22nd Street; thence running from said latter point of intersection, in an easterly direction, along the center line of 22nd Street to the point where the center line of 22nd Street intersects with the center line of 13th Avenue; thence running from said latter point of intersection, in a southerly direction, along the center line of 13th Avenue to a point where the center line of 13th Avenue intersects with the center line of 21st Street; thence running from said latter point of intersection, in an easterly direction, along the center line of 21st Street to the point where the center line of 21st Street intersects with the center line of 14th Avenue; thence running from said latter point of intersection, in a northerly direction, along the center line of 14th Avenue to the point where the center line of 14th Avenue intersects with the center line of 22nd Street; thence running from said latter point of intersection, in an easterly direction, along the center line of 22nd Street to the point where the center line of 22nd Street intersects with the center line of 17th Avenue; thence running from said latter point of intersection, in a northerly direction, along the center line of 17th Avenue to the point where the center line of 17th Avenue intersects with the center line of Talbotton Road; thence running from said latter point of intersection, in a southwesterly direction, along the center line of Talbotton Road to the point where the center line of Talbotton Road intersects with the center line of 27th Street; thence running from said latter point of intersection, in a northwesterly direction, along the center line of 27th Street to the point where the center line of 27th Street intersects with the center line of Hamilton Road; thence running from said latter point of intersection, in a southwesterly direction, along the center line of Hamilton Road to the point where the center line of Hamilton Road intersects with the center line of 26th Street; thence running from said latter point of intersection, in a westerly direction, along the center line of 26th Street to the point where the center line of 26th Street intersects with the center line of Veterans Parkway; thence running from said latter point of intersection, in a northeasterly direction, along the center line of Veterans Parkway to the point where the center line of Veterans Parkway intersects with the center line of 35th Street; thence running from said latter point of intersection, in a northwesterly direction, along the center line of 35th Street to the point where the center line of 35th Street intersects with the center line of Earline Avenue; thence running from said latter
3782
JOURNAL OF THE HOUSE
point of intersection, in a southwesterly direction, along the center line of Earline Avenue to the point where the center line of Earline Avenue intersects once again with the center line of 35th Street; thence running from said latter point of intersection, in a westerly direction, along the center line of 35th Street to the point where the center line of 35th Street intersects with the center line of the right-ofway of the Central of Georgia Railroad; thence running from said latter point of intersection, in a southwesterly direction, along the center line of the right-of-way of the Central of Georgia Railroad to the point where the center line of the rightof-way of the Central of Georgia Railroad intersects with the center line of 32nd Street; thence running from said latter point of intersection, in a northwesterly direction, along the center line of 32nd Street to a point where the center line of 32nd Street intersects with the center line of 6th Avenue; thence running from said latter point of intersection, in a southerly direction, along the center line of 6th Avenue to a point where the center line of 6th Avenue intersects once again with the center line of 32nd Street; thence running from said latter point of intersection, in a westerly direction, along the center line of 32nd Street to a point where the center line of 32nd Street intersects with the center line of 1st Avenue; thence running from said latter point of intersection, in a southerly direction, along the center line of 1st Avenue to a point where the center line of 1st Avenue intersects with the center line of 20th Street; thence running from said latter point of intersection, in a due west direction, along the center line of an imaginary prolongation of 20th Street to a point where such imaginary prolongation of the center line of 20th Street intersects with the highwater mark on the western bank of the Chattahoochee River, which highwater mark designates the boundary line between the states of Alabama and Georgia; the counties of Russell, Alabama, and Muscogee County; the cities of Phenix City, Alabama, and Columbus, Georgia, and thence running, in a northwesterly direction, along such latter boundary line to the point where such latter boundary line intersects with the center line of the North Bypass a/k/a the J. R. Allen Parkway, thence running from said latter intersection, in an easterly, northerly and northeasterly and northerly direction, along the center line of the North Bypass/J. R. Allen Parkway to the point where the North Bypass/J. R. Allen Parkway intersects with the center line of Bradley Park Drive; thence running from said latter point of intersection, in a northeasterly direction, to the point where the center line of Bradley Park Drive intersects with the center line of Whitesville Road; thence running from said latter point of intersection, in a southeasterly direction, to the point where the center line of Whitesville Road intersects with the center line of Veterans Parkway, all as shown on said map, which is the POINT OF BEGINNING of Council District Eight herein described. (2) Any part of Columbus, Georgia, which is not included in any such district described in paragraph (1) 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 Columbus,
WEDNESDAY, APRIL 10, 2002
3783
Georgia, which is described in paragraph (1) 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."
SECTION 2. It is the purpose of this Act to reapportion the districts from which members of the Council of Columbus, Georgia, are to be elected in the 2002 elections and in subsequent 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 council, 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 for the county-wide government of Columbus, Georgia, to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Buck of the 135th moved that the House agree to the Senate substitute to HB 1663.
On the motion the ayes were 110, nays 0.
The motion prevailed.
The following supplemental Rules Calendar was read and adopted:
HOUSE SUPPLEMENTAL RULES CALENDAR WEDNESDAY, APRIL 10, 2002
Mr. Speaker and Members of the House:
3784
JOURNAL OF THE HOUSE
Your Committee on Rules has met and submits the following supplemental to the calendar already adopted this April 10, 2002, by adding the following:
HR 1227
SB 32 SB 384
SB 428
SB 447 SB 475
SB 476
SB 495 SB 546
Malt beverages; certain labels; urge Alcohol, Tobacco, and Firearms Bureau reconsider approval County Boards of Elections and Registration; creation (Reconsidered) Education; academic after-school programs for at-risk students; drop-out recovery; change funding formula Children Placed in Custody of DHR; reunification of the family; case plans; permanency hearings; court review MARTA; transit operating revenue from all sources except sales taxes Offense of Identity Fraud; financial or personal information; consumer or business victims; proper records disposal; penalties; civil liability Health Insurance Consumer Protection; benefit verification and precertificaton procedures; unfair practices County Law Libraries; use of funds for State Court judges' library Health Reports Submitted to General Assembly in Electronic Format for Computer Access
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 of the Senate were taken up for consideration and read the third time:
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
WEDNESDAY, APRIL 10, 2002
3785
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.
The following Committee substitute was read:
A BILL
To amend various provisions of the Official Code of Georgia Annotated 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 Official Code of Georgia Annotated, 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 Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to change provisions relating to data collection for identity fraud cases; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change provisions to allow consistent penalties for identity fraud; to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to establish guidelines for proper discarding and disposal of certain business documents containing personal information; to define terms; to provide for exceptions; to provide for civil liability; to provide for criminal penalties; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking Code Section 16-9-4, relating to definitions of identification documents and prohibitions regarding false documents, in its entirety and inserting in lieu thereof the following:
"16-9-4. (a) As used in this Code section, the term:
(1) 'Access device' means a unique electronic identification number, address, description, or routing code or a device containing a unique electronic identification number, address, description, or routing code issued to an individual which permits or facilitates entry into a facility or computer or provides access to the financial resources, including, but not limited, to the credit resources of the individual to whom the device or card is issued.
3786
JOURNAL OF THE HOUSE
(2) 'Description' means any identifying information about a person, including, but not limited to, date of birth, place of birth, address, social security number, height, weight, hair or eye color, or unique biometric data such as fingerprint, voice print, retina or iris image, DNA profile, or other unique physical representation. (3) 'Government agency' means any agency of the executive, legislative, or judicial branch of government or political subdivision or authority thereof of this state, any other state, the United States, or any foreign government or international governmental or quasi-governmental agency recognized by the United States or by any of the several states. (4) 'Identification 'identification document' means:
(A) Any any document or card issued to an individual by a government agency or by the authority of a government agency containing the name of a person and a description of the person or such persons photograph, or both, and giving such persons date of birth, and includes, without being limited to, a passport, visa, military identification card, drivers license, or an identification card; authorized under Code Sections 40-5-100 through 40-5-104. (B) Any document issued to an individual for the purpose of identification by or with the authority of the holder of a trademark or trade name of another, as these terms are defined in Code Section 10-1-371, that contains the trademark or trade name and the name of the person to whom the document is issued and a description of the person or the persons photograph, or both; or (C) Any access device. (b)(1) It shall be unlawful for any person to knowingly manufacture, sell, or distribute a possess, display, or use any false, fictitious, fraudulent, or altered identification document. (2) Any person who violates paragraph (1) of this subsection on the first offense shall be guilty of a misdemeanor. Any person who violates paragraph (1) of this subsection for the second or any subsequent offense shall be guilty of a felony and shall be punished by a fine of not more than $5,000.00 or by imprisonment for not more than three years, or both. It shall be unlawful for any person to knowingly manufacture, alter, sell, distribute, deliver, possess with intent to sell, deliver, or distribute, or offer for sale, delivery, or distribution a false, fraudulent, or fictitious identification document or any identification document which contains any false, fictitious, or fraudulent statement or entry. (3) It shall be unlawful for any person to knowingly manufacture, alter, sell, distribute, deliver, possess with the intent to sell, deliver, or distribute, or offer for sale, delivery, or distribution any identification document containing the trademark or trade name of another without the written consent of the owner of the trademark or trade name. (4) It shall be unlawful for any person to knowingly possess, display, or use any false, fictitious, fraudulent, or altered identification document containing the logo or legal or official seal of a government agency or any colorable imitation thereof in furtherance of a conspiracy or attempt to commit a violation of the criminal laws of
WEDNESDAY, APRIL 10, 2002
3787
this state or of the United States or any of the several states which is punishable by imprisonment for one year or more. (5) It shall be unlawful for any person to knowingly manufacture, alter, sell, distribute, deliver, possess with the intent to sell, deliver, or distribute, or offer for sale or distribution any other identification document containing the logo or legal or official seal of a government agency or any colorable imitation thereof without the written consent of the government agency. (6) It shall be unlawful for any person to knowingly possess, display, or use an identification document issued to or on behalf of another person without the permission or consent of the other person for a lawful purpose, unless the identification document is possessed, displayed, or used with the intent to restore it to the other person or government agency or other entity that issued the identification document to the person. (c)(1) Except as provided in paragraph (2) or (3) of this subsection, any person who violates paragraph (1), (2), (3), or (6) of subsection (b) of this Code section shall be guilty of a misdemeanor. (2) Any person who violates paragraph (2), (3), or (6) of subsection (b) of this Code section for the second or any subsequent offense shall be guilty of a felony and shall be punished by a fine of not more than $25,000.00 or by imprisonment for not more than three years, or both. (3) Any person who manufactures, alters, sells, distributes, delivers, receives, possesses, or offers for sale or distribution three or more identification documents in violation of subsection (b) of this Code section shall be punished by imprisonment for not less than three nor more than ten years, a fine not to exceed the amount specified by Code Section 17-10-8, or both. (4) Any person who violates paragraph (4) or (5) of subsection (b) of this Code section shall be punished by imprisonment for not less than one nor more than five years, a fine not to exceed the amount specified by Code Section 17-10-8, or both. (5) Any person convicted of an attempt or conspiracy to violate subsection (b) of this Code section shall be punished by imprisonment, by a fine, or by both such punishments not to exceed the maximum punishment prescribed for the offense the commission of which was the object of the attempt or conspiracy. (d) Each violation of this Code section shall constitute a separate offense. (e) Any violation of this Code section shall be considered to have been committed in any county of this state in which the evidence shows that the identification document was manufactured, altered, sold, displayed, distributed, delivered, received, offered for sale or distribution, or possessed. (f) The provisions of this Code section shall not apply to any lawfully authorized investigative, protective, or intelligence activity of an agency of the United States, this state, or any of the several states or their political subdivisions or any activity authorized under Chapter 224 of Title 18 of the United States Code or any similar such law relating to witness protection.
3788
JOURNAL OF THE HOUSE
(g) It shall not be a defense to a violation of this Code section that a document contained words indicating that it is not an identification document unless there appears on the front and back of such document the word 'novelty' which is in a color which is not transparent on the design of the document, is in block letters not less than 40 point type in size, and is indelible ink.
(h)(1) Any property which is used, intended for use, or used in any manner to facilitate a violation of this Code section is contraband and forfeited to the state and no person shall have a property interest in it. Such property may be seized or detained in the same manner as provided in Code Section 16-13-49 and shall not be subject to replevin, conveyance, sequestration, or attachment. (2) Within 60 days of the date of the seizure of contraband pursuant to this Code section, the district attorney shall initiate forfeiture or other proceedings as provided in Code Section 16-13-49. An owner or interest holder, as defined by subsection (a) of Code Section 16-13-49, may establish as a defense to the forfeiture of property which is subject to forfeiture under this Code section the applicable provisions of subsection (e) or (f) of Code Section 16-13-49. Property which is forfeited pursuant to this Code section shall be disposed of and distributed as provided in Code Section 16-13-49. (3) If property subject to forfeiture cannot be located; has been transferred or conveyed to, sold to, or deposited with a third party; is beyond the jurisdiction of the court; has been substantially diminished in value while not in the actual physical custody of a receiver or governmental agency directed to maintain custody of the property; or has been commingled with other property that cannot be divided without difficulty, the court shall order the forfeiture of any property of a claimant or defendant up to the value of property found by the court to be subject to forfeiture under this subsection in accordance with the procedures set forth in subsection (x) of Code Section 16-13-49. (4) The provisions of paragraphs (3), (4), and (5) of subsection (x) and subsection (z) of Code Section 16-13-49 shall be applicable to any proceedings brought pursuant to this subsection. (i) It shall be an affirmative defense to the manufacturing, selling, or distributing of identification documents that contain false, fictitious, or altered information that the person manufacturing, selling, or distributing the documents used due diligence to ascertain the truth of the information contained in the identification document."
SECTION 2. Said title is further amended by striking Article 8 of Chapter 9 thereof, relating to identity fraud, and inserting in lieu thereof the following:
"ARTICLE 8
WEDNESDAY, APRIL 10, 2002
3789
16-9-120. There is created the criminal offense of financial identity fraud. As used in this article, the term:
(1) 'Administrator' means the administrator appointed under Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.' (2) 'Business victim' means any individual or entity that provided money, credit, goods, services, or anything of value to someone other than the intended recipient where the intended recipient has not given permission for the actual recipient to receive it and the individual or entity that provided money, credit, goods, services, or anything of value has suffered financial loss as a direct result of the commission or attempted commission of a violation of this article. (3) 'Consumer victim' means any individual whose personal identifying information has been obtained, compromised, used, or recorded in any manner without the permission of that individual. (4) 'Identifying information' shall include, but not be limited to:
(A) Current or former names; (B) Social security numbers; (C) Drivers license numbers; (D) Checking account numbers; (E) Savings account numbers; (F) Credit and other financial transaction card numbers; (G) Debit card numbers; (H) Personal identification numbers; (I) Electronic identification numbers; (J) Digital or electronic signatures; (K) Medical identification numbers; (L) Birth dates; (M) Mothers maiden name; (N) Selected personal identification numbers; (O) Tax identification numbers; (P) State identification card numbers issued by state departments; or (Q) Any other numbers or information which can be used to access a persons or entitys resources. (5) 'Resources' includes, but is not limited to: (A) A persons or entitys credit, credit history, credit profile, and credit rating; (B) United States currency, securities, real property, and personal property of any kind; (C) Credit, charge, and debit accounts; (D) Loans and lines of credit; (E) Documents of title and other forms of commercial paper recognized under Title 11; (F) Any account, including a safety deposit box, with a financial institution as defined by Code Section 7-1-4, including a national bank, federal savings and loan
3790
JOURNAL OF THE HOUSE
association, or federal credit union or a securities dealer licensed by the Secretary of State or the federal Securities and Exchange Commission; and (G) A persons personal history, including but not limited to records of such persons driving records; criminal, medical, or insurance history; education; or employment.
16-9-121. A person commits the offense of financial identity fraud when without the authorization or permission of another person and a person with the intent unlawfully to appropriate financial resources of or cause physical harm to that other person, or of any other person, to his or her own use or to the use of a third party he or she:
(1) Obtains or records identifying information of a person which would assist in accessing the financial resources of the other that person or any other person; or (2) Accesses or attempts to access the financial resources of the other a person through the use of identifying information. Such identifying information shall include but not be limited to:
(A) Social security numbers; (B) Drivers license numbers; (C) Checking account numbers; (D) Savings account numbers; (E) Credit card numbers; (F) Debit card numbers; (G) Personal identification numbers; (H) Electronic identification numbers; (I) Digital signatures; or (J) Any other numbers or information which can be used to access a persons financial resources.
16-9-122. It shall be unlawful for any person to attempt or conspire to commit any offense prohibited by this article. Any person convicted of a violation of this Code section shall be punished by imprisonment or community service, by a fine, or by both such punishments not to exceed the maximum punishment prescribed for the offense the commission of which was the object of the attempt or conspiracy.
16-9-122. 16-9-123. The administrator appointed under Code Section 10-1-395 shall have the authority to investigate any complaints of consumer victims regarding financial identity fraud. In conducting such investigations the administrator shall have all investigative powers which are available to the administrator under Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.' If, after such investigation, the administrator determines that a person has been a consumer victim of identity fraud in this state, the administrator shall, at the request of the consumer victim, provide the
WEDNESDAY, APRIL 10, 2002
3791
consumer victim with certification of the findings of such investigation. Copies of any and all complaints received by any law enforcement agency of this state regarding potential violations of this article shall be transmitted to the Governors Office of Consumer Affairs. The Governors Office of Consumer Affairs shall maintain a repository for all complaints in the State of Georgia regarding identity fraud. Information contained in such repository shall not be subject to public disclosure. The information in the repository may be transmitted to any other appropriate investigatory agency or entity. Consumer victims of identity fraud may file complaints directly with the Governors Office of Consumer Affairs. Employees of the Governors Office of Consumer Affairs may communicate with consumer victims. Any and all transmissions authorized under this Code section may be transmitted electronically, provided that such transmissions are made through a secure channel for the transmission of such electronic communications or information, the sufficiency of which is acceptable to the Governors Office of Consumer Affairs. Nothing in this Code section shall be construed to preclude any otherwise authorized law enforcement or prosecutorial agencies from conducting investigations and prosecuting offenses of identity fraud.
16-9-123. 16-9-124. The Attorney General and prosecuting attorneys shall have the authority to conduct the criminal prosecution of all cases of financial identity fraud or to refer them to the district attorney in the county where the crime was committed.
16-9-124. 16-9-125. In any criminal proceeding brought pursuant to this article, the crime shall be considered to have been committed in any county in which any part of the financial identity fraud took place, regardless of whether the defendant was ever actually in such county. The General Assembly finds that identity fraud involves the use of identifying information which is uniquely personal to the consumer or business victim of that identity fraud and which information is considered to be in the lawful possession of the consumer or business victim wherever the consumer or business victim currently resides or is found. Accordingly, the fraudulent use of that information involves the fraudulent use of information that is, for the purposes of this article, found within the county where the consumer or business victim of the identity fraud resides or is found. Accordingly, in a proceeding under this article, the crime will be considered to have been committed in any county where the person whose means of identification or financial information was appropriated resides or is found, or in any county in which any other part of the offense took place, regardless of whether the defendant was ever actually in such county.
16-9-125. 16-9-126. (a) A violation of this article, other than a violation of Code Section 16-9-122, shall be punishable by imprisonment for not less than one nor more than ten years or a fine not to exceed $100,000.00, or both. Any person who commits such a violation for the
3792
JOURNAL OF THE HOUSE
second or any subsequent offense shall be punished by imprisonment for not less than three nor more than 15 years, a fine not to exceed $250,000.00, or both. (b) Any person found guilty of a violation of this article may be ordered by the court to make restitution to any consumer victim or any business victim of such fraud. (c) Each violation of this article shall constitute a separate offense. (d) Upon a conviction of a violation of this article, the court may issue any order necessary to correct a public record that contains false information resulting from the actions which resulted in the conviction.
16-9-126. 16-9-127. In addition to being imprisoned as provided in Code Section 16-9-125, a person found guilty of financial identity fraud may be ordered by the court to make restitution to any victims of such fraud. The administrator shall have authority to initiate any proceedings and to exercise any power or authority in the same manner as if he or she were acting under Part 2 of Article 15 of Chapter 1 of Title 10, as regards violations or potential violations of this article.
16-9-127. 16-9-128. (a) The prohibitions set forth in Code Section Sections 16-9-121 and 16-9-122 shall not apply to nor shall any cause of action arise under Code Sections 16-9-129 and 16-9-131 for:
(1) The lawful obtaining of credit information in the course of a bona fide consumer or commercial transaction; (2) The lawful, good faith exercise of a security interest or a right to offset by a creditor or a financial institution; or (3) The lawful, good faith compliance by any party when required by any warrant, levy, garnishment, attachment, court order, or other judicial or administrative order, decree, or directive.; or (4) The good faith use of identifying information with the permission of the affected individual. (b) The These exemptions provided in subsection (a) of this Code section will not apply to a person intending to further a scheme to violate Code Section 16-9-121 or 169-122. (c) It is not necessary for the state to negate any exemption or exception in this article in any complaint, accusation, indictment, or other pleading or in any trial, hearing, or other proceeding under this article involving a business victim. In such cases the burden of proof of any exemption or exception is upon the business victim claiming it.
16-9-129. Any business victim who is injured by reason of any violation of this article shall have a cause of action for the actual damages sustained and, where appropriate, punitive damages. Such business victim may also recover attorneys fees in the trial and appellate courts and the costs of investigation and litigation reasonably incurred.
WEDNESDAY, APRIL 10, 2002
3793
16-9-130. (a) Any consumer victim who suffers injury or damages as a result of a violation of this article may bring an action individually or as a representative of a class against the person or persons engaged in such violations under the rules of civil procedure to seek equitable injunctive relief and to recover general and punitive damages sustained as a consequence thereof in any court having jurisdiction over the defendant; provided, however, punitive damages shall be awarded only in cases of intentional violation. A claim under this article may also be asserted as a defense, setoff, cross-claim, or counterclaim or third-party claim against such person. (b) A court shall award three times actual damages for an intentional violation. (c) If the court finds in any action that there has been a violation of this article, the consumer victim injured by such violation shall, in addition to other relief provided for in this Code section and irrespective of the amount in controversy, be awarded reasonable attorneys fees and expenses of litigation incurred in connection with said action. (d) It shall not be a defense in any action under this article that others were, are, or will be engaged in like practices. (e) In any action brought under this article the administrator shall be served by certified or registered mail or statutory overnight delivery with a copy of the initial complaint and any amended complaint within 20 days of the filing of such complaint. The administrator shall be entitled to be heard in any such action, and the court where such action is filed may enter an order requiring any of the parties to serve a copy of any other pleadings in an action upon the administrator.
16-9-131. Whenever an investigation has been conducted by the Governors Office of Consumer Affairs under this article and such investigation reveals conduct which constitutes a criminal offense, the administrator shall forward the results of such investigation to the Attorney General or other prosecuting attorney of this state who shall commence any criminal prosecution that he or she deems appropriate.
16-9-132. This article is cumulative with other laws and is not exclusive. The rights or remedies provided for in this article shall be in addition to any other procedures, rights, remedies, or duties provided for in any other law or in decisions of the courts of this state dealing with the same subject matter."
SECTION 3. Said title is further amended by striking divisions (9)(A)(xxxiv) and (xxxv) of Code Section 16-14-3, relating to definitions, and inserting in lieu thereof the following:
"(xxxiv) Code Section 16-10-97, relating to intimidation of grand or petit juror or court officer; or
3794
JOURNAL OF THE HOUSE
(xxxv) Article 11 of Chapter 1 of Title 7 and Sections 5311 through 5330 of Title 31 of the United States Code relating to records and reports of currency transactions.; or (xxxvi) Article 8 of Chapter 9 of this title, relating to identity fraud, and Section 1028 of Title 18 of the United States Code, relating to fraudulent identification documents and information."
SECTION 4. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by inserting after Code Section 35-1-12 a new Code Section 35-1-13 to read as follows:
"35-1-13. Notwithstanding any other provision of law, any law enforcement agency that receives a report from a resident of this state that such person has been the victim of identity fraud shall prepare an incident report and transmit the same to the Governors Office of Consumer Affairs identity fraud repository, as provided in Code Section 16-9-123, notwithstanding the fact that such persons identity may have been used solely to commit one or more criminal offenses beyond the jurisdiction of this state. Copies of such incident reports shall be referred from the Governors Office of Consumer Affairs to the Georgia Crime Information Center as provided in Chapter 3 of this title and to any jurisdiction in which such identity has been used."
SECTION 5. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-5-104, relating to false statement in applications, and inserting in lieu thereof the following:
"40-5-104. Any person who knowingly makes any false statement in an application for an identification card provided for by this article shall be guilty of a misdemeanor violation of Code Section 16-10-20."
SECTION 6. Said title is further amended by striking Code Section 40-5-125, relating to possession, procurement, or use of fraudulent drivers license or identification card, and inserting in lieu thereof the following:
"40-5-125. (a) It is a misdemeanor for any person to:
(1) Display, cause or permit to be displayed, or have in his or her possession any fictitious, fraudulent, or altered drivers license or identification card; (2) Use a false or fictitious name or provide any other false information in any application for a drivers license or identification card; (3) Procure, secure, or assist another person in the procuring or securing of a fraudulent drivers license or identification card;
WEDNESDAY, APRIL 10, 2002
3795
(4) Alter any drivers license or identification card such that the information on the license is false or fictitious; (5) Sell or deliver any false, fictitious, or altered drivers license or identification card; (6)(1) Lend his or her drivers license or identification card to any other person or permit knowingly the use thereof by another person; or (7)(2) Display or represent as his or her own any drivers license or identification card not issued to him or her; or. (8) Conceal a material fact in any application for a drivers license or identification card. Any employee of the department who knowingly violates and is convicted of violating this Code section shall also be guilty of the offense of violating his or her public position and, upon conviction, shall be punished as for such separate and additional violation. (b) Any person who knowingly makes any false statement in an application for a drivers license provided for by this chapter shall be guilty of a violation of Code Section 16-10-20."
SECTION 7. Said title is further amended by striking Code Section 40-5-179, relating to penalties, and inserting in lieu thereof the following:
"40-5-179. It is a misdemeanor for any person:
(1) To use a false or fictitious name in any application for an identification card for persons with disabilities or knowingly to make a false statement or conceal a material fact or otherwise commit a fraud in any such application; (2) To display or cause to be displayed or have in his or her possession any fictitious or fraudulently altered identification card for persons with disabilities; (3)(1) To lend his or her identification card for persons with disabilities to any other person or knowingly to permit the use thereof by another; and (4) (2) To display or represent as his or her own any identification card for persons with disabilities not issued to him or her."
SECTION 8. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by adding at the end a new chapter, to be designated Chapter 15, to read as follows:
"CHAPTER 15
10-15-1. As used in this chapter, the term:
3796
JOURNAL OF THE HOUSE
(1) 'Business' means a sole proprietorship, partnership, corporation, association, or other group, however organized and whether or not organized to operate at a profit. The term includes a financial institution organized, chartered, or holding a license or authorization certificate under the laws of this state, any other state, the United States, or any other country, or the parent or the subsidiary of any such financial institution. The term also includes an entity that destroys records. However, for purposes of this chapter, the term shall not include any bank or financial institution that is subject to the privacy and security provisions of the Gramm-Leach-Bliley Act, 15 U.S.C. 6801, et seq., as amended, and as it existed on January 31, 2002, nor shall it include any hospital or health care institution licensed under Title 31 which is subject to the privacy and security provisions of the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, nor any other entity which is governed by federal law, provided that the federal law governing the business requires the business to discard a record containing personal information in the same manner as Code Section 10-15-2. (2) 'Customer' means an individual who provides personal information to a business for the purpose of purchasing or leasing a product or obtaining a service from the business. (3) 'Discard' means to throw away, get rid of, or eliminate. (4) 'Dispose' means the sale or transfer of a record for value to a company or business engaged in the business of record destruction. (5) 'Personal information' means:
(A) Personally identifiable data about a customers medical condition, if the data are not generally considered to be public knowledge; (B) Personally identifiable data which contain a customers account or identification number, account balance, balance owing, credit balance, or credit limit, if the data relate to a customers account or transaction with a business; (C) Personally identifiable data provided by a customer to a business upon opening an account or applying for a loan or credit; or (D) Personally identifiable data about a customers federal, state, or local income tax return. (6)(A) 'Personally identifiable' means capable of being associated with a particular customer through one or more identifiers, including, but not limited to, a customers fingerprint, photograph, or computerized image, social security number, passport number, driver identification number, personal identification card number, date of birth, medical information, or disability information.
(B) A customers name, address, and telephone number shall not be considered personally identifiable data unless one or more of them are used in conjunction with one or more of the identifiers listed in subparagraph (A) of this paragraph. (7) 'Record' means any material on which written, drawn, printed, spoken, visual, or electromagnetic information is recorded or preserved, regardless of physical form or characteristics.
WEDNESDAY, APRIL 10, 2002
3797
10-15-2. A business may not discard a record containing personal information unless it:
(1) Shreds the customers record before discarding the record; (2) Erases the personal information contained in the customers record before discarding the record; (3) Modifies the customers record to make the personal information unreadable before discarding the record; or (4) Takes actions that it reasonably believes will ensure that no unauthorized person will have access to the personal information contained in the customers record for the period between the records disposal and the records destruction.
10-15-3. (a) A business is liable to a customer whose personal information is negligently discarded or disposed of in violation of Code Section 10-15-2 for the amount of actual damages resulting from the violation. (b) A business is liable to a customer whose personal information is intentionally discarded or disposed of in violation of Code Section 10-15-2 for three times the amount of actual damages and expenses of litigation resulting from the violation.
10-15-4. A business that violates Code Section 10-15-2 may be fined by the administrator appointed pursuant to Code Section 10-1-395 not more than $500.00 for each customers record that contains personal information that is wrongfully disposed of or discarded; provided, however, in no event shall the total fine levied by the administrator exceed $10,000.00. Notwithstanding anything to the contrary contained in this Code section, it shall be an affirmative defense to the wrongful disposing of or discarding of a customers record that contains personal information if the business can show that it used due diligence in its attempt to properly dispose of or discard such records.
10-15-5. This chapter is cumulative with other laws and is not exclusive. The rights or remedies provided for in this chapter shall be in addition to any other procedures, rights, remedies, or duties provided for in any other law or in decisions of the courts of this state dealing with the same subject matter."
SECTION 9. This section and Sections 1 through 7 and Section 10 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; Section 8 of this Act shall become effective on July 1, 2002.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
3798
JOURNAL OF THE HOUSE
The following amendment was read:
Representative Joyce of the 1st moves to amend the Committee substitute to SB 475 as follows:
Remove page 4 subsection (h).
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Allen Y Amerson N Anderson N Ashe
Bannister N Barnard N Barnes N Bell N 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 Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan E Coleman, B N Coleman, T
Collins N Connell N Cooper
N Cox N Crawford N Cummings N Davis
Day Dean N Deloach, B Y Deloach, G N Dix N Dodson N Drenner Dukes E Ehrhart N Epps N Everett N Floyd N Forster Y Franklin N Gardner N Golick Y Grasse N Graves N Greene N Hammontree N Hanner E Harbin Harrell N Heard N Heckstall N Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard
N Hudgens N Hudson, N N Hudson, S N Hugley Y Irvin E Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson
Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis N Lord
Lucas N Lunsford N Maddox N Mangham N Manning N Massey E McBee N McCall N McClinton N McKinney N Millar N Mills N Mobley N Morris N Mosley
Mueller Y Muntean N O'Neal N Orrock N Parham N Parrish N Parsons N Pelote Y Pinholster N Poag N Porter N Powell N Purcell N Ragas N Randall Y Ray N Reece
Reed N Reichert N Rice N Richardson
Roberts, D Roberts, L N Rogers N Royal N Sailor Y Sanders N Scheid N Scott N Seay N Shanahan N Shaw N Sholar N Sims Y Sinkfield N Skipper
N 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 N Taylor
Teague N Teper
Tillman Turnquest N Twiggs N Unterman N Walker, L N Walker, R.L Watson N West N Westmoreland N Wiles N Wilkinson N Willard N Williams, J Y Williams, R N Wix N Yates Murphy, Speaker
WEDNESDAY, APRIL 10, 2002 On the adoption of the amendment, the ayes were 28, nays 129. The amendment was lost.
3799
The following amendment was read and adopted:
Representative Bordeaux of the 151st et al. move to amend the Committee substitute to SB 475 as follows:
By deleting on page 14, lines 22 through 28, inclusive, and inserting in lieu thereof the following:
"10-15-3. Reserved."
and by deleting on page 15, lines 4 through 8, inclusive.
The following amendment was read:
Representative Cox of the 105th et al. move to amend the Committee substitute to SB 475 by striking line 6 of page 1 and inserting in lieu thereof the following:
"identity fraud, racketeer influenced and corrupt organizations and to prohibit certain activities relating to fraudulent drug and alcohol screening tests; to amend Title 35 of the".
By inserting between lines 30 and 31 of page 10 a new Section 2A to read as follows:
"SECTION 2A. Said title is further amended in Chapter 9, relating to forgery and fraudulent practices, by adding at the end of the chapter a new article to read as follows:
'ARTICLE 9
16-9-140. (a) As used in this Code section, the term:
(1) 'Alcohol' means 'alcoholic beverage' as defined in Code Section 3-1-2. (2) 'Defraud' means to cause a person being subjected to a drug or alcohol screening test to appear not to have a drug or alcohol in his or her body or to have a lower level of a drug or alcohol in the persons body than that person actually has.
3800
JOURNAL OF THE HOUSE
(3) 'Drug' means 'marijuana,' 'controlled substance,' or 'dangerous drug' as defined in Code Sections 16-13-21 and 16-13-71. (b) It is unlawful for a person to: (1) Sell, give away, distribute, or market urine in this state or transport urine into this state with the intent of using the urine to defraud a drug or alcohol screening test; (2) Attempt to foil or defeat a drug or alcohol screening test by the substitution or spiking of a sample or the advertisement of a sample substitution or other spiking device or measure; (3) Adulterate a urine or other bodily fluid sample with the intent to defraud a drug or alcohol screening test; (4) Possess adulterants which are intended to be used to adulterate a urine or other bodily fluid sample for the purpose of defrauding a drug or alcohol screening test; or (5) Sell adulterants which are intended to be used to adulterate a urine or other bodily fluid sample for the purpose of defrauding a drug or alcohol screening test. (c) A person who violates a provision of subsection (b) of this Code section: (1) For a first offense, is guilty of a misdemeanor; and (2) For a second or subsequent offense, is guilty of a high and aggravated misdemeanor.'".
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 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 Cox Crawford
N Cummings Y Davis
Day Dean N Deloach, B N Deloach, G Y Dix N Dodson N Drenner N Dukes E Ehrhart N Epps N Everett N Floyd Y Forster Y Franklin N Gardner N Golick Y Grasse Y Graves N Greene Y Hammontree N Hanner E Harbin
Y Hudgens N Hudson, N
Hudson, S Hugley Y Irvin E Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson 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
Mueller Y Muntean
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 Y Ray N Reece N Reed N Reichert Y Rice Y Richardson
Roberts, D N Roberts, L N Rogers N Royal N Sailor
Y Smith, B N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T N Smith, V N Smyre Y Snelling N Snow N Squires N Stallings 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
Watson
Y Campbell Y Cash N Channell N Childers Y Coan E Coleman, B N Coleman, T Y Collins
Connell Y Cooper
WEDNESDAY, APRIL 10, 2002
Harrell N Heard N Heckstall N Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard
Y Massey E McBee N McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley
Y Sanders Y Scheid Y Scott N Seay N Shanahan N Shaw N Sholar Y Sims N Sinkfield N Skipper
3801
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 59, nays 101. The amendment was lost.
Representative Golick of the 30th stated that he inadvertently voted "nay" 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 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 Cox Y Crawford Y Cummings Y Davis
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 N Franklin Y Gardner Y Golick
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin E 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 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 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
3802
Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins
Connell Y Cooper
JOURNAL OF THE HOUSE
Y Grasse Y Graves Y Greene Y Hammontree Y Hanner E Harbin
Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard
Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning
Massey E McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
Y 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
On the passage of the Bill, by substitute, as amended, the ayes were 164, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
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.
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.
The following Committee substitute was read and adopted:
WEDNESDAY, APRIL 10, 2002
3803
A BILL
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, is amended by striking in their entirety subsections (a), (b), (e), (g), (j), (k), (n), (o), (p), and (q) of Code Section 15-11-58, relating to reasonable efforts regarding reunification of family, reports and plans, custody orders when reunification found not to be in childs best interest, duration of orders, review of determinations, hearings, and supplemental orders, and inserting in their respective places the following:
"(a) A courts order removing a child from the childs home shall be based upon a finding by that court that continuation in the home would be contrary to the welfare of the child. The If the court places custody of the child in the Division of Family and Children Services of the Department of Human Resources, the court shall also determine as a finding of fact whether reasonable efforts were made by the Division of Family and Children Services of the Department of Human Resources and any other appropriate agencies to preserve and reunify families prior to the placement of a child in foster care the custody of the Department of Human Resources, to prevent or eliminate the need for removal of the child from that childs home, and to make it possible for the child to return safely to the childs home. Such findings shall also be made at every subsequent review of the courts order under this chapter.
(1) In determining reasonable efforts to be made with respect to a child, as described in this subsection, and in making such reasonable efforts, the childs health and safety shall be the paramount concern; (2) Except as provided in paragraph (4) of this subsection, reasonable efforts shall be made to preserve and reunify families:
(A) Prior to the placement of a child in foster care the custody of the Department of Human Resources, to prevent or eliminate the need for removing the child from the childs home; and (B) To make it possible for a child to return safely to the childs home; (3) If continuation of reasonable efforts of the type described in paragraph (2) of this subsection is determined to be inconsistent with the permanency plan for the child,
3804
JOURNAL OF THE HOUSE
reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanent placement of the child; (4) Reasonable efforts of the type described in paragraph (2) of this subsection shall not be required to be made with respect to a parent of a child if a court of competent jurisdiction has determined that:
(A) The parent has subjected the child to aggravated circumstances which may include but need not be limited to abandonment, torture, chronic abuse, and sexual abuse; (B) The parent has:
(i) Committed murder of another child of the parent; (ii) Committed voluntary manslaughter of another child of the parent; (iii) Aided or abetted, attempted, conspired, or solicited to commit murder or voluntary manslaughter of another child of the parent; or (iv) Committed a felony assault that results in serious bodily injury to the child or another child of the parent; or (C) The parental rights of the parent to a sibling have been terminated involuntarily; (5) If reasonable efforts of the type described in paragraph (2) of this subsection are not made with respect to a child as a result of a determination made by a court of competent jurisdiction in accordance with paragraph (4) of this subsection: (A) A permanency hearing in accordance with subsection (o) of this Code section shall be held for the child within 30 days after such determination; and (B) Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanent placement of the child; and (6) Reasonable efforts to place a child for adoption or with a legal guardian may be made concurrently with reasonable efforts of the type described in paragraph (2) of this subsection. (b) Within 30 days of the date of removal of the child from the home a child who is placed in the custody of the Department of Human Resources is removed from the home and at each subsequent review of the disposition order, the Division of Family and Children Services of the Department of Human Resources must submit a written report to the court which shall either include a case plan for a reunification of the family or include a statement of the factual basis or bases for determining that a plan for reunification is not appropriate. Such report shall become a discrete part of the case record in a format determined by the Division of Family and Children Services of the Department of Human Resources and shall be made available to the parents or guardian of the foster child. The contents of the report shall be determined at a meeting to be held by the Division of Family and Children Services of the Department of Human Resources in consultation with the judicial citizen review panel, if one is designated by the court for such purpose, and the parents and children, when available. The parents shall be given written notice of the meeting at least five days in advance and shall be advised that the report will be submitted to become an order of the court. The report
WEDNESDAY, APRIL 10, 2002
3805
submitted to the court shall also contain any dissenting recommendations of the judicial citizen review panel, if applicable, and any recommendations of the parents, if such are available." "(e) If the report submitted to the court does not contain a plan for reunification services, upon proper notice being provided to the parents, the court shall, no later than 30 days following the filing of the report, hold a permanency hearing to review the report and the determination that a plan for reunification services is not appropriate." "(g) At permanency the hearing held for the purpose of reviewing the determination by the Division of Family and Children Services of the Department of Human Resources that a reunification plan is not appropriate, the representative of the Division of Family and Children Services shall notify the court whether and when it intends to proceed with termination of parental rights at that time. If the Division of Family and Children Services indicates that it does not intend to petition for the termination of parental rights, the court may appoint a guardian ad litem and charge such guardian with the duty of determining whether termination proceedings should be commenced." "(j) Whenever the permanency plan is adoption or placement in another permanent home, the report submitted to the court shall document the steps to be taken by the Division of Family and Children Services of the Department of Human Resources to find an adoptive family or other permanent living arrangement for the child; to place the child with an adoptive family, a fit and willing relative, a legal guardian, or in another planned permanent living arrangement; and to finalize the adoption or legal guardianship. At a minimum, such documentation shall include child specific recruitment efforts such as the use of state, regional and national adoption exchanges including electronic exchange systems. At the hearing required by subsection (e) of this Code section, the court shall hold a permanency hearing in accordance with subsection (o) of this Code section and shall consider and incorporate a permanency plan for the child in its order which shall comply with subsection (o) of this Code section." "(k) Except as otherwise provided by law, an order of disposition placing a deprived child in foster care under the supervision of the Division of Family and Children Services of the Department of Human Resources shall continue in force for 12 months after the date the child is considered to have entered foster care or until sooner terminated by the court. For the purposes of this subsection Code section, the date the child is considered to have entered foster care shall be the date of the first judicial finding that the child has been subjected to child abuse or neglect, or the date that is 60 days after the date on which the child is removed from the home, whichever is earlier. All cases of children in foster care in the custody of the Division of Family and Children Services of the Department of Human Resources shall be initially reviewed within 90 days of the entering of the dispositional order but no later than six months following the childs placement and shall be conducted by the juvenile court judge, by an associate juvenile court judge or judge pro tempore, or by judicial citizen review panels established by the court, as the court directs, meeting such standards and using such procedures as shall be established by court rule by the Supreme Court of Georgia, with the advice and consent of the Council of Juvenile Court Judges. At the time of
3806
JOURNAL OF THE HOUSE
each review of every case of a child in foster care in the custody of the Division of Family and Children Services of the Department of Human Resources, a representative of the Division of Family and Children Services shall notify the court whether such division intends to proceed with the termination of parental rights at that time. If such division indicates that it does not intend to petition for the termination of parental rights at that time, the court may appoint a guardian ad litem and charge such guardian with the duty of determining whether termination proceedings should be commenced. In the event the review is conducted by judicial citizen review panels, the panel shall transmit its report, including its findings and recommendations and those of such division, along with such divisions proposed revised plan for reunification or other permanency plan, if necessary, to the court and the parents within five days after the review. Any party may request a hearing on the proposed revised plan in writing within five days after receiving a copy of such plan. Following such initial review, additional periodic reviews shall be held at six-month intervals. The foster parents, if any, of a child and any preadoptive parent or relative providing care for the child shall be provided with notice of and an opportunity to be heard in any review or hearing to be held with respect to the child, except that this provision shall not be construed to require that any foster parent, preadoptive parent, or relative providing care for the child be made a party to such a review or hearing solely on the basis of such notice and opportunity to be heard. "(n) The court which made the order may extend its duration for not more than 12 months if:
(1) A hearing is held upon motion of the Division of Family and Children Services of the Department of Human Resources prior to the expiration of the order; which hearing shall, after the making of appropriate findings of fact, determine the permanency plan of the child. Such a permanency plan shall state whether and if applicable, when the child shall be returned to the parent or referred for termination of parental rights and placed for adoption or referred for legal guardianship. In cases where the Division of Family and Children Services of the Department of Human resources has documented to the court a compelling reason for determining that it would not be in the best interest of the child to return home, be referred for termination of parental rights, be placed for adoption, or be placed with a fit and willing relative or with a legal guardian, the permanency plan shall state that the child shall be placed in another planned permanent living arrangement. The permanency plan shall also state whether reunification services, if an effect, should be continued. With respect to a child placed out of state, procedural safe guards shall be applied as to whether the out-of-state placement continues to be appropriate and in the best interest of the child, and in the case of a child who has attained age 16, the services needed to assist the child to make a transition from foster care to independent living. Procedural safeguards shall also be applied with respect to parental rights pertaining to the removal of the child from he home of his or her parents, to a change in the childs placement, and to any determination affecting visitation privileges of parents;
WEDNESDAY, APRIL 10, 2002
3807
(2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected, including foster parents, if any, of a child and any preadoptive parent or relative providing care for the child except that this provision shall not be construed to require that any foster parent, preadoptive parent, or relative providing care for the child be made a party to such a review or hearing solely on the basis of such notice and opportunity to be heard; and (3) The court finds that the extension is necessary to accomplish the purposes of the order extended. (o) With respect to each child in the custody of the Department of Human Resources, a permanency hearing shall be held no later than 30 days after the Division of Family and Children Services of the Department of Human Resources has submitted a written report to the court which does not contain a plan for reunification services as provided in subsection (j) of this Code section, or no later than 12 months after the child is considered to have entered foster care, whichever comes first. Thereafter, a permanency hearing shall be held not less frequently than every 12 months during the time the child continues in the custody of the Department of Human Resources. A permanency hearing may be held by the court at the time of the hearing on a motion to extend custody permitted by subsection (n) of this Code section. (1) At the time of the permanency hearing, the Division of Family and Children Services of the Department of Human Resources shall submit for the courts consideration a report recommending a permanency plan for the child which shall include whether and, if applicable, when the child shall be returned to the parent or parents; referred for termination of parental rights and adoption; referred for legal guardianship; placed permanently with a fit and willing relative; or, in the case where the division has provided a compelling reason that one of the foregoing options would not be in the best interest of the child, placed in another planned permanent living arrangement. The report shall include documentation of the steps to be taken by the Division of Family and Children Services of the Department of Human Resources to finalize the permanent placement of the child. When the permanency plan recommended is referral for termination of parental rights and adoption, such report shall include child specific recruitment efforts such as the use of state, regional, and national adoption exchanges, including electronic exchange systems. (2) The permanency hearing may be conducted as the court directs by the juvenile court judge or by an associate juvenile court judge or judge pro tempore. The court may also direct that the permanency hearing be conducted by a judicial citizen review panel established by the court in the manner provided in subsection (k) of this Code section, unless the permanency hearing is one required under subsection (j) of this Code section as a result of a recommendation that reunification services are not appropriate. The judicial citizen review panel may conduct its hearing in the same manner as it conducts a case review under subsection (k) of this Code section.
(A) In the event that the permanency hearing is conducted by a judicial citizen review panel, the panel shall transmit its report, including its findings and recommendations and those of the Division of Family and Children Services, to the
3808
JOURNAL OF THE HOUSE
court and the parties within five days after such hearing. The report of the judicial citizen review panel shall include all the elements required in paragraphs (4) and (5) of this subsection. Any party may request a hearing on the proposed permanency plan by submitting a request in writing within five days of receiving a copy of such plan. If a hearing is not requested, the court shall review the proposed permanency plan and enter a supplemental order incorporating all elements required by paragraphs (4) and (5) of this subsection. In the event a hearing before the court is requested on the report transmitted by the judicial citizen review panel, the court shall, after hearing evidence, enter a supplemental order incorporating all the elements required in paragraphs (4) and (5) of this subsection. (B) If a permanency hearing is held before the court, the court shall, after hearing evidence, enter a supplemental order incorporating all elements of the proposed permanency plan required by paragraphs (4) and (5) of this subsection. (3) The parents and other parties shall be given written notice of a permanency hearing at least five days in advance and shall be advised that the permanency plan recommended by the Division of Family and Children Services of the Department of Human Resources will be submitted to become an order of the court. Procedural safeguards shall be applied with respect to parental rights pertaining to the removal of the child from the home of his or her parents, to a change in the child's placement, and to any determination affecting visitation privileges of parents. In addition, the foster parents, if any, of a child and any preadoptive parent or relative providing care for the child shall receive written notice of the permanency hearing at least five days in advance and shall be given an opportunity to be heard; provided, however, that this provision shall not be construed to require a foster parent, preadoptive parent, or relative caring for the child to be made a party to the hearing solely on the basis of such notice and opportunity to be heard. (4) The permanency plan incorporated in the courts order shall include whether and, if applicable, when the child shall be returned to the parent or parents, referred for termination of parental rights and adoption, referred for legal guardianship, or placed permanently with a fit and willing relative. If the court finds that there is a compelling reason that it would not be in the childs best interests to be returned to the parent or parents, referred for termination of parental rights and adoption, referred for legal guardianship, or placed permanently with a fit and willing relative, then the courts order shall document the compelling reason and provide that the child should be placed in another planned permanent living arrangement. (5) The court or judicial citizen review panel which conducts the permanency hearing shall determine, as a finding of fact, whether the Division of Family and Children Services of the Department of Human Resources has made reasonable efforts to finalize the permanency plan which is in effect at the time of the hearing. Further, the court or the judicial citizen review panel, if applicable, shall determine as a finding of fact whether, in the case of a child placed out of the state, the out-of-state placement continues to be appropriate and in the best interest of the child and, in the case of a child who has attained the age of 14, shall determine the services needed to assist the
WEDNESDAY, APRIL 10, 2002
3809
child to make a transition from foster care to independent living. Such findings of fact shall be made a part of the report of the judicial citizen review panel to the court and any supplemental order entered by the court. (6) A supplemental order of the court adopting the permanency plan must be entered within 30 days after the court has determined that reunification efforts will not be made by the Division of Family and Children Services of the Department of Human Resources, if applicable, or within 12 months after the child is considered to have entered foster care, whichever is first, and at least every 12 months thereafter while the child is in foster care, unless the court finds good cause why such order cannot be entered by that time. (o) Except as otherwise provided by law, any other order of disposition in a proceeding involving delinquency, unruliness, or deprivation, except in an order involving the appointment of a guardian of the person or property of a child, continues in force for not more than two years. The court may sooner terminate its order or extend its duration for further periods. An order of extension may be made if: (1) A hearing is held prior to the expiration of the order upon motion of a party or on the courts own motion; (2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected; (3) The court finds that the extension is necessary to accomplish the purposes of the order extended; and (4) The extension does not exceed two years from the expiration of the prior order. (p) Except as provided in Code Section 15-11-70, the court may terminate an order of disposition or extension prior to its expiration, on or without an application of a party, if it appears to the court that the purposes of the order have been accomplished. (q) Unless otherwise provided by law, when the child reaches 21 years of age all orders affecting him or her then in force terminate and he or she is discharged from further obligation or control."
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:
3810
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 Y Collins Y Connell Y Cooper
JOURNAL OF THE HOUSE
Y Cox Y Crawford Y Cummings Y Davis
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 N Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree 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 E Jackson, B Y Jackson, L Y James N Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey E McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
Y Mueller Y Muntean
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 N Sanders Y Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y 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 N Yates
Murphy, Speaker
On the passage of the Bill, by substitute, the ayes were 162, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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.
WEDNESDAY, APRIL 10, 2002
3811
The report of the Committee, which was favorable to the 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 E 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 Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse 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
Houston Y Howard
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin E Jackson, B Y Jackson, L Y James Y Jamieson 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 Y 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 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 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 168, nays 0. The Bill, having received the requisite constitutional majority, was passed.
3812
JOURNAL OF THE HOUSE
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate insists on its substitute to the following bill of the House:
HB 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 Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 410. By Representative Stokes of the 92nd:
A BILL to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to sentencing, so as to allow the trial judge to have continuing authority to modify a sentence for one year from when the sentence is imposed; and for other purposes.
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 Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
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:
WEDNESDAY, APRIL 10, 2002
3813
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 Senate insists on its amendments to the following resolution of the House:
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 Senate insists on its substitute to the following bill of the House:
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 Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 136. By Representatives Birdsong of the 123rd, Jamieson of the 22nd, Porter of the 143rd, Walker of the 141st and Cummings of the 27th:
A BILL to amend Code Section 20-2-270.1 of the Official Code of Georgia Annotated, relating to services to member local school systems by regional educational service agencies, so as to provide that a regional educational service agency shall be authorized to sell or provide at reasonable costs goods and services to private schools located in this state; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
3814
JOURNAL OF THE HOUSE
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.
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.
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.
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.
The following Bill of the Senate, having previously been read, was again taken up for consideration:
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:
WEDNESDAY, APRIL 10, 2002
3815
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.
The following Committee substitute was read:
A BILL
To amend Subpart 1 of Part 1 of Article 2 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to county boards of elections and boards of elections and registration, 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 that the General Assembly may provide by local law for the judge of the probate court to serve as election superintendent and have voter registration handled by a board of registrars; to provide for other matters relative thereto; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Subpart 1 of Part 1 of Article 2 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to county boards of elections and boards of elections and registration, is amended by adding a new Code Section 21-2-41 to read as follows:
"21-2-41. (a) Except as otherwise provided by local Act pursuant to Code Section 21-2-40 or Code Section 21-2-45 and except as provided in subsection (l) of this Code section, there is created a board of elections and registration in each county in this state. Such board of elections and registration shall be empowered with the powers and duties of
3816
JOURNAL OF THE HOUSE
the election superintendent relating to the conduct of primaries and elections and the board of registrars relating to the registration of voters and absentee balloting procedures. (b) The county board of elections and registration created under subsection (a) of this Code section shall be composed of five members, each of whom shall be an elector of the county. The members of the board shall be appointed in the following manner:
(1) Two members shall be chosen by the county executive committee of the political party or body, or the state executive committee of the political party or body in the absence of an organized county executive committee of a political party or body, which, at the last preceding regular general election for the election of the Governor, nominated a candidate and such candidate received the largest number of votes cast among candidates for the office of Governor. Such members so chosen shall be certified by the chairperson of the appropriate executive committee of such political party or body to the governing authority of the county and such appointment shall be entered upon the minutes of the governing authority; (2) Two members shall be appointed in like fashion by the county executive committee of the political party or body, or the state executive committee of the political party or body in the absence of an organized county executive committee of the political party or body, which, at such election, nominated a candidate for Governor and such candidate received the next largest number of votes cast among candidates for the office of Governor. Such appointees shall be certified by the chairperson of the appropriate executive committee of that political party or body to the governing authority of said county and such certification shall be entered upon the minutes of the governing authority; (3) The fifth member of the board of elections and registration shall be appointed by the chief judge of superior court of the county from a list of one or more nominees submitted by a majority of the other four members of such board and shall be deemed the member at large. In the event a majority of the four members of such board is unable to nominate one or more persons to the chief judge of superior court of the county within the time specified in subsection (d) of this Code section for appointments, the chief judge of superior court of said county shall be authorized to make the appointment without any nominations from the members of the board of elections and registration. Any appointment made under the provisions of this paragraph shall also be entered upon the minutes of the superior court; and (4) In the event that the candidate for Governor who received the highest number or next highest number of votes for the office of Governor at the last election for that office was an independent candidate, the appointments that would otherwise have been made by the appropriate executive committee of a political party or body shall be made by the chief judge of superior court of the county. (c) No person who holds elective public office shall be eligible to serve as a member of any such board of elections during the term of such elective office and the position of any member of such board shall be deemed vacant upon such member qualifying as a candidate for elective public office.
WEDNESDAY, APRIL 10, 2002
3817
(d) Initial appointments to the board of elections and registration under this Code section shall be made by the respective appointing authorities no later than January 1 next following the end of the term of office of the judge of the probate court existing on July 1, 2002. In the event of a vacancy on such board with respect to a member appointed by one of the political parties or bodies as provided in subsection (b) of this Code section, such political party or body shall appoint a successor within 60 days after the date such vacancy is created, such successor to be appointed in like manner as the person whose position is vacant for his or her unexpired term. In the event such political party or body fails to make an initial appointment by January 1 next following the end of the term of office of the judge of the probate court existing on July 1, 2002, or within 60 days after a vacancy occurs, the position shall be filled by the chief judge of the superior court of the county. In the event of a vacancy on such board with respect to a member appointed as provided in paragraph (4) of subsection (b) of this Code section, the chief judge of the superior court of the county shall appoint a successor within 60 days after the date such vacancy is created, such successor to be appointed in like manner as the person whose position is vacant for his or her unexpired term. In the event of a vacancy on such board with respect to the member at large, the remaining members of such board shall submit the names of one or more nominees to fill the unexpired term, such nomination to be made within 60 days after the vacancy occurs. The chief judge of superior court of the county shall select and appoint the successor member at large from the nominee or nominees whose names are submitted by a majority of the remaining members of such board. In the event of the failure of such board to submit the names of such nominee or nominees within 60 days after the vacancy occurs, the chief judge of superior court of the county may fill the vacancy on his or her own motion. (e) Initial appointees under this Code section shall take office upon appointment and shall serve until December 31 of the fourth year following their appointment and until a successor is appointed and qualified. The successors of the initial appointees shall serve for four-year terms beginning on January 1 in odd-numbered years and shall continue in office for such terms and until their successors are chosen and qualified. Each member shall be eligible to succeed himself or herself and shall have the right to resign at any time by giving notice to the body which appointed him or her and to the chief judge of the superior court of the county, if such judge was not the appointing authority. Each member shall be subject to removal from the board at any time in the same manner and by the same authority provided for removal of registrars under the provisions of Code Section 21-2-212 as now or hereafter amended. Upon removal of a member as provided by law, a vacancy shall be deemed to exist and shall be filled for the unexpired term as provided in this Code section. Until the initial members of the board of elections and registration take office, the judge of probate court shall continue to perform the duties of county election superintendent under this chapter and the registrars shall continue to perform their duties under this chapter. (f) The board of elections and registration shall have the following powers and duties:
3818
JOURNAL OF THE HOUSE
(1) It shall succeed to and exercise all of the duties granted to and incumbent upon the county election superintendent under the provisions of this title and any other provision of law with respect thereto; and (2) It shall succeed to and exercise all of the duties and powers granted to and incumbent on the chief registrar and the county registrars of the county under the provisions of this title and any other provision of law with respect to their duties and powers. (g) The board of elections and registration shall be authorized and empowered to organize itself, elect its officers, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. (h) On January 1 next following the end of the term of office of the judge of the probate court existing on July 1, 2002, the board of elections and registration shall organize and the county election superintendent and the chief registrar and county registrars shall be relieved of all powers and duties to which such board succeeds by virtue of the provisions of this Code section, and the county election superintendent and the registrars shall deliver to such board upon request of its chairperson custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties. (i) The board of elections and registration shall appoint a person whose title shall be elections supervisor who shall be the chief administrative officer of the board of elections and registration and who shall have such duties and functions as may be prescribed by such board. The elections supervisor may be a member of the board of elections and registration. (j) Compensation for members of the board of elections and registration, elections supervisor, clerical assistants, and other employees of such board shall be such as may be fixed from time to time by the governing authority of the county. (k) The governing authority of the county shall provide the board of elections and registration with such proper and suitable offices and with such clerical assistants and other employees as the governing authority shall deem appropriate. The elections supervisor and other employees functioning under his or her supervision shall be deemed to be employees of the county. (l) The General Assembly may provide by local law that the judge of the probate court of a county shall be the election superintendent of such county and that voter registration in such county shall be conducted by a board of registrars in accordance with Code Section 21-2-212."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
WEDNESDAY, APRIL 10, 2002
3819
Representatives Houston of the 166th, Greene of the 158th and Skipper of the 137th move to amend the Committee substitute to SB 32 by striking "Two members" on lines 1 and 10 on page 2 and inserting in lieu thereof "One member"; by striking "members" on line 6 on page 2 and inserting in lieu thereof "member"; by striking "appointees" on line 15 on page 2 and inserting in lieu thereof "member"; by inserting after line 18 on page 2 the following:
"(3) Two members shall be appointed by the grand jury of the county. Such appointees shall be certified by the chairperson of the grand jury and such certification shall also be entered upon the minutes of the superior court;".
By striking "(3) The fifth" on line 19 on page 2 and inserting in lieu thereof "(4) One".
By striking "(4)" on line 29 on page 2 and inserting in lieu thereof "(5)".
By inserting after "county." on line 11 on page 3 the following:
"In the event of a vacancy on such board with respect to a member appointed by the grand jury as provided in subsection (b) of this Code section, the grand jury in session at the time of such vacancy or the next grand jury shall appoint a successor within 60 days after the date such vacancy is created, such successor to be appointed in like manner as the person whose position is vacant for his or her unexpired term. In the event the grand jury fails to make an initial appointment by January 1 next following the end of the term of office of the judge of the probate court existing on July 1, 2002, or within 60 days after a vacancy occurs, the position shall be filled by the chief judge of the superior court of the county."
By striking "paragraph (4)" on line 13 on page 3 and inserting in lieu thereof "paragraph (5)".
By inserting after "authority." on line 32 on page 3 "Notice to the grand jury shall be delivered to the district attorney of the county."
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 Y Bannister
N Cox Crawford
Y Cummings N Davis
Day
N Hudgens N Hudson, N Y Hudson, S Y Hugley N Irvin
N Mueller N Muntean N O'Neal N Orrock Y Parham
N Smith, B N Smith, C N Smith, C.W N Smith, L Y Smith, P
3820
N Barnard Y Barnes Y Bell Y Benfield N Birdsong Y Black N Boggs
Bordeaux Y Borders N Bridges N Brooks
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 E Coleman, B N Coleman, T N Collins Y Connell N Cooper
JOURNAL OF THE HOUSE
Dean Y Deloach, B N Deloach, G N Dix Y Dodson Y Drenner Y Dukes E Ehrhart N Epps N Everett Y Floyd N Forster N Franklin N Gardner N Golick N Grasse N Graves Y Greene N Hammontree
Hanner E Harbin Y Harrell N Heard N Heckstall N Hembree Y Henson N Hines N Holland N Holmes Y Houston N Howard
E 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
Lucas N Lunsford
Maddox N Mangham N Manning N Massey E McBee N McCall Y McClinton N McKinney N Millar N Mills Y Mobley
Morris N Mosley
N Parrish Y Parsons N Pelote N Pinholster N Poag Y Porter N 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
Rogers N Royal
Sailor N Sanders N Scheid N Scott N Seay Y Shanahan Y Shaw Y Sholar Y Sims N Sinkfield Y Skipper
Y Smith, T N Smith, V
Smyre N Snelling N Snow
Squires Y Stallings N Stanley N Stanley-Turner N Stephens
Stokes Y Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs N Unterman Y Walker, L N Walker, R.L N Watson
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 amendment, the ayes were 56, nays 102. The amendment was lost.
The Committee substitute was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson Y Anderson N Ashe
N Cox Crawford
N Cummings N Davis
N Hudgens Y Hudson, N Y Hudson, S Y Hugley
N Mueller Y Muntean Y O'Neal Y Orrock
N Smith, B Smith, C
Y Smith, C.W N Smith, L
N Bannister N Barnard N Barnes N Bell Y Benfield N Birdsong N Black N Boggs Y Bordeaux Y Borders N Bridges Y Brooks
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 E Coleman, B N Coleman, T N Collins Y Connell Y Cooper
WEDNESDAY, APRIL 10, 2002
Day Dean Y Deloach, B N Deloach, G N Dix N Dodson Y Drenner Dukes E Ehrhart N Epps N Everett Y Floyd Y Forster N Franklin Y Gardner N Golick N Grasse N Graves N Greene N Hammontree Hanner E Harbin Y Harrell Y Heard Y Heckstall N Hembree Y Henson N Hines N Holland Y Holmes N Houston Y Howard
N Irvin E Jackson, B Y Jackson, L Y James N Jamieson N Jenkins N Jennings Y Johnson Y Jordan N Joyce N Kaye Y Keen N Knox N Lane N Lanier N Lewis N Lord Y Lucas N Lunsford Y Maddox N Mangham N Manning N Massey E McBee N McCall Y McClinton Y McKinney N Millar N Mills Y Mobley N Morris N Mosley
N Parham N Parrish N Parsons Y Pelote Y Pinholster N Poag N Porter
Powell N Purcell Y Ragas Y Randall Y Ray N Reece Y Reed Y Reichert N Rice N Richardson N Roberts, D Y Roberts, L N Rogers N Royal
Sailor N Sanders N Scheid N Scott Y Seay Y Shanahan N Shaw N Sholar Y Sims Y Sinkfield Y Skipper
3821
Y Smith, P N Smith, T N Smith, V Y Smyre N Snelling Y Snow
Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper Y Tillman
Turnquest N Twiggs N Unterman Y Walker, L Y Walker, R.L Y Watson
West 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 70, nays 92. The Bill, having failed to receive the requisite constitutional majority, was lost.
Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 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
3822
JOURNAL OF THE HOUSE
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.
The following Committee substitute was read:
A BILL
To amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions related to state government, so as to provide that any report to the General Assembly required by law, rule, or regulation shall be provided to the members of the General Assembly in an electronic format; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions related to state government, is amended by adding a new Code Section 50-1-7 to read as follows:
"50-1-7. Any report which is required by law, rule, or regulation to be submitted to the General Assembly shall be made to each member of the General Assembly in an electronic format."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Orrock of the 56th moves to amend the Committee substitute to SB 546 as follows:
On line 13, p. 1, after the word "made", insert the word "available".
The Committee substitute, as amended, was adopted.
WEDNESDAY, APRIL 10, 2002
3823
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
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 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 E Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Grasse Y Graves Y Greene Y Hammontree Hanner E Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Holland Y Holmes Y Houston Y Howard
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin E 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 E 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
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 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, as amended, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Representative Holland of the 157th stated that he had been called from the floor of
3824
JOURNAL OF THE HOUSE
the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 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 following Senate amendment was read:
Amend HB 1667 by striking all matter beginning on line 1 on page 1 through the end of the bill and inserting in lieu thereof the following:
"To provide for the composition and number of state senatorial districts; to provide for the contingent nature of this Act and the circumstances under which it shall or shall not apply, according to the enforceability of prior provisions under federal law; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term 'special session Senate redistricting plan' means the districts for the Georgia State Senate as described in Code Section 28-2-2 of the Official Code of Georgia Annotated as amended by an Act approved August 24, 2001; Act No. 1EX6 of the first 2001 special session of the General Assembly of Georgia; Georgia Laws 2001 Extraordinary Sessions, p. 2. (b) If, as of the first day of qualifying for nomination or election to the entire Georgia State Senate in 2002 or any future year, the special session Senate redistricting plan may lawfully be implemented under the federal Voting Rights Act of 1965, as amended, pursuant to court order or otherwise, then qualifying for the Georgia State Senate in 2002 or such future year and the ensuing elections shall be conducted according to the special session Senate redistricting plan; and this Act shall not apply to such qualifying or elections or otherwise be of any further force or effect.
WEDNESDAY, APRIL 10, 2002
3825
(c) If, as of the first day of qualifying for nomination or election to the entire Georgia State Senate in 2002 or any future year, the special session Senate redistricting plan may not lawfully be implemented under the federal Voting Rights Act of 1965, as amended, then qualifying for the Georgia State Senate in 2002 or such future year and the ensuing elections shall be conducted according to the Senate redistricting plan provided for in this Act. (d) This Act does not repeal or amend the provisions of the special session Senate redistricting plan; and those provisions are merely suspended pending a final determination of their enforceability under the federal Voting Rights Act of 1965, as amended.
SECTION 2. (a) Subject to the provisions of Section 1 of this Act, the senatorial districts for election of members of the Georgia State Senate shall be according to the description of senatorial districts 1 through 56 attached to this Act and made a part hereof and further identified as: Plan Name: sen02p1 Plan Type: SENATE User: Linda Administrator: S026. Each Senate district shall be composed of a portion of a county, or a county, or counties, or a combination thereof, as provided in this subsection, and shall be represented by one Senator. (b) For purposes of said attachment and description:
(1) 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; and (2) Except as otherwise provided in the description of any senatorial district, whenever the description of any senatorial district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2000 for the State of Georgia. (c) Any part of the State of Georgia which is not included in any senatorial district described in said 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. (d) Any part of the State of Georgia which is described in this Code section as being included in a particular senatorial district shall nevertheless not be included within such senatorial district if such part is not contiguous to such senatorial district. Such noncontiguous part shall instead be included within that senatorial district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia.
3826
JOURNAL OF THE HOUSE
SECTION 3. Subject to the provisions of Section 1 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to future elections for the Georgia State Senate to the extent provided for in Section 1 of this Act.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed."
District 001 Brantley County
Tract: 9801 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 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 1136 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2017 2041 2042 2043 2044 2045 2046 2047 2048 Tract: 9802 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 1985 1986 1987 1988 1989 1990 1992 1993 1995 1997 1998
Bryan County Tract: 9203 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
WEDNESDAY, APRIL 10, 2002
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 1092 1093 1094 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1994 1995 1996 1997 1998 1999 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 2061 2062 2102 2103 2104 2105 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2998 2999
Camden County Tract: 102 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 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3124 3128 3129 3130 3138 3139 3140 3141 3142 3143 3144 3146 3147 3148 3149 3150 3151 3152 3153 3154 3155 3156 3157 3158 3159 3160 3161 3162 3163 3164 3165 3173 3174 3175 3176 3177 3178 3179 3180 3181 3182 3183 3184 3185 3186 3187 3188 3189 3190 3191 3192 3193 3194 3195 3196 3197 3198 3199 3200 3201 3202 3203 3204 3205 3206 3207 3208 3209 3210 3211 3212 3213 3214 3215 3216 3217 3218 3219 3220 3221 3222 3223 3224 3225 3226 3227 3228 3229 3230 3231 3232 3233 3234 3235 3236 3237 3238 3239 3240 3241 3242 3243 3993 3994 3995 3996 3997 Tract: 105 BG: 9 9000 9001 9002 9003 9004 9005 9010 9011 9017 9018 9994 9995 9996 9997 9998 9999 Tract: 106 BG: 2
3827
3828
JOURNAL OF THE HOUSE
2000 2001 2023 2024 2025 2026 BG: 3 3000 3001 3002 3003 3004 3005 3006 3123 3995 3996 3997 3998 3999
Chatham County Tract: 108.01 BG: 1 1021 1022 1025 1026 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1999 BG: 2 Tract: 108.02 Tract: 108.03 BG: 3 BG: 4 Tract: 108.04 Tract: 108.05 Tract: 109.01 BG: 3 3011 3998 Tract: 109.02 Tract: 110.02 Tract: 110.03 Tract: 110.04 Tract: 111.01 BG: 1 BG: 2 BG: 3 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5996 5997 5998 5999 Tract: 111.03 Tract: 111.04 Tract: 111.05 Tract: 29 Tract: 30 Tract: 34 BG: 3 BG: 4 BG: 5 BG: 6
WEDNESDAY, APRIL 10, 2002
Tract: 35.01 BG: 1 1000 1001 1002 1003 1004 1020 1021 1022 1023 1024 1025 Tract: 39 BG: 1 BG: 4 4000 4001 4002 4003 Tract: 40.01 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 40.02 BG: 1 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 BG: 2 Tract: 41 Tract: 42.02 BG: 3 BG: 5 5000 BG: 6 BG: 7 BG: 9 9000 9003 9004 9005 9006 9007 9009 9996 9997 9998 9999 Tract: 42.06 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1997
Glynn County Tract: 1 Tract: 10 Tract: 2 Tract: 3 Tract: 4.01 BG: 2 2059 2060 2061 2062 2063 2064 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2083 2084 2999 Tract: 4.02 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
3829
3830
JOURNAL OF THE HOUSE
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 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 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 2998 2999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 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 3044 3045 3053 3057 3058 3999 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4029 BG: 5 5000 5001 5002 5003 5004 5005 5027 5028 5029 5992 5993 5997 5998 5999 Tract: 6 BG: 2 2006 2007 BG: 4 4000 4001 4002 4003 4004 4005 4006 4996 BG: 5 5002 5003 5004 5007 5008 5009 5010 5011 5012 5013 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5998 5999
Liberty County Tract: 105 BG: 4 4000 4001 4002 4003 4004 4026 4031 4032 4033 4046 4999
McIntosh County Tract: 9902 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
WEDNESDAY, APRIL 10, 2002
1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1995 1996 1997 1999 Tract: 9903 BG: 3 3082 3999
Pierce County Tract: 9601 BG: 1 1003 1110 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: 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 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1048 1049 1050 1060 1061 1062 1063 1064 1065 1066 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2013 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 2060 2061 2062 2063 2064 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2998 2999 Tract: 9603 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066
3831
3832
JOURNAL OF THE HOUSE
1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1081 1096 1998 1999 BG: 2 2001 2002 2003 2004 2005 2073 2074 2075 BG: 3 3000 3001 3003 Tract: 9604 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3012 3013 3014 3015 3021 3022 3053 3055 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 4098 4099 4100 4101 4999
District 002 Chatham County
Tract: 1 Tract: 101.01 Tract: 101.02 Tract: 102 Tract: 105.01 Tract: 105.02 Tract: 106.01 Tract: 106.03 Tract: 106.04 Tract: 106.05 Tract: 107 Tract: 108.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1023 1024 1027 1042 1043 1044 1045 Tract: 108.03 BG: 1 BG: 2 Tract: 109.01 BG: 1 BG: 2 BG: 3
WEDNESDAY, APRIL 10, 2002
3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3999 Tract: 11 Tract: 111.01 BG: 5 5015 5016 5017 5018 5019 5020 5021 5022 5023 5993 5994 5995 Tract: 12 Tract: 13 Tract: 15 Tract: 18 Tract: 19 Tract: 20 Tract: 21 Tract: 22 Tract: 23 Tract: 24 Tract: 25 Tract: 26 Tract: 27 Tract: 28 Tract: 3 Tract: 32 Tract: 33.01 Tract: 33.02 Tract: 34 BG: 1 BG: 2 Tract: 35.01 BG: 1 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 BG: 2 BG: 3 BG: 4 Tract: 35.02 Tract: 36.01 Tract: 36.02 Tract: 37 Tract: 38 Tract: 39 BG: 2 BG: 3 BG: 4 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015
3833
3834
JOURNAL OF THE HOUSE
4016 Tract: 40.01 BG: 1 Tract: 40.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1023 1024 1025 1026 1027 1028 BG: 3 BG: 4 BG: 5 Tract: 42.02 BG: 1 BG: 2 BG: 4 BG: 5 5001 5002 BG: 8 BG: 9 9001 9002 9008 Tract: 42.05 Tract: 42.06 BG: 1 1000 1001 1002 1003 1998 1999 Tract: 42.07 Tract: 42.08 Tract: 43 Tract: 44 Tract: 45 Tract: 6.01 Tract: 8 Tract: 9
District 003 Appling County
Tract: 9501 Tract: 9502 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1024 1032 1033 1034 1035 1036 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2013 2014 2015 2017 2018 2066 2067 2068 2089 2090 2091 2092 2093 Tract: 9504
WEDNESDAY, APRIL 10, 2002
BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1019 1024
Bryan County Tract: 9202 Tract: 9203 BG: 1 1091 1095 1096 1097 1098 1099 1100 1101 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1993 BG: 2 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 2106 2107 2108 2109 2110 2996 2997
Glynn County Tract: 4.01 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 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 2065 2066 2081 2082 2085 2086 2087 2088 2089 2090 2091 2092 2998 Tract: 4.02 BG: 2 2025 2026 2027 2028 2029 2030 BG: 3 3008 3009 3010 3011 3042 3043 3046 3047 3048 3049 3050 3051 3052 3054 3055 3056 3998 BG: 4 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4030 4031 4032 BG: 5 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5030 5990 5991 5994 5995 5996 Tract: 5.01 Tract: 5.02
3835
3836
JOURNAL OF THE HOUSE
Tract: 6 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2998 2999 BG: 3 BG: 4 4007 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 4995 4997 4998 4999 BG: 5 5000 5001 5005 5006 5014 5015 5016 5017 5018 5019 5020 5021 5022 5036 Tract: 7 Tract: 8 Tract: 9
Liberty County Tract: 101 Tract: 102.01 Tract: 102.02 Tract: 102.03 Tract: 102.04 Tract: 103 Tract: 104 Tract: 105 BG: 1 BG: 2 BG: 3 BG: 4 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4027 4028 4029 4030 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 Tract: 106
Long County
McIntosh County Tract: 9901
WEDNESDAY, APRIL 10, 2002
Tract: 9902 BG: 1 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 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1998 BG: 2 BG: 3 Tract: 9903 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 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3998
Wayne County Tract: 9701 Tract: 9702 Tract: 9703 Tract: 9704 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1054 1055 1056 1057 1058 1059 1088 1999 Tract: 9705 Tract: 9706 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 1054 1060 1998 1999 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 2030 2031 2032 2033 2034 2035 2038 BG: 3 3008 3009 3010 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3026 3027 3028 3029 3030 3031 3032 3033 3057 3058
3837
3838
JOURNAL OF THE HOUSE
3059 3060 3061 3998
District 004 Bryan County
Tract: 9201
Bulloch County Tract: 9901 BG: 3 3109 Tract: 9902 BG: 2 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2026 2029 2030 2032 2034 2052 BG: 4 BG: 5 Tract: 9903 BG: 1 1000 1001 1002 1003 1004 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 1993 1994 1995 1996 1997 1998 1999 BG: 2 2013 2014 2015 2016 2017 2018 2019 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 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2993 2994 2995 2996 BG: 3 BG: 4 Tract: 9904.01 Tract: 9904.02 Tract: 9905 BG: 1 1045 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3010 3011 3012 3013 3014 3015
WEDNESDAY, APRIL 10, 2002
3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 BG: 4 BG: 5 Tract: 9906 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 BG: 3 3000 3001 3002 3003 3004 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5035 5036 5037 5038 5039 5040 5041 5042 5043 5997 5998 5999 BG: 6 Tract: 9907 Tract: 9908 Tract: 9909
Effingham County
Evans County
Jenkins County
Screven County
Tattnall County
Toombs County Tract: 9701 BG: 4 4021 4022 4023 4028 4029 4030 4031 4032 4033 4034 4036 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 Tract: 9705 BG: 2 2057 2058 2059 2060 2061 2998
District 005 DeKalb County
Tract: 218.11
3839
3840
JOURNAL OF THE HOUSE
BG: 1 BG: 2 2000 2013
Gwinnett County Tract: 502.04 BG: 2 2031 2032 2038 2039 2040 2041 2049 Tract: 502.07 BG: 1 1000 1001 1002 1003 1004 1005 1006 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 BG: 3 Tract: 503.04 Tract: 503.06 Tract: 503.11 Tract: 503.12 Tract: 503.13 Tract: 503.14 BG: 3 3005 3006 3007 BG: 4 Tract: 503.15 BG: 2 Tract: 503.16 Tract: 504.10 BG: 4 4001 4002 4003 Tract: 504.11 BG: 4 4010 4011 Tract: 504.17 Tract: 504.18 Tract: 504.19 Tract: 504.20 Tract: 504.21 Tract: 504.22 Tract: 504.23 BG: 3 BG: 4 Tract: 504.24 Tract: 505.07
WEDNESDAY, APRIL 10, 2002
BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3013 3014 3015 3016 3017 3018 3019 3020 BG: 7 7000 7001 7002 7003 7004 7005 7009 7010 7011 7012 7013 7014 7015 7016 7017 7018 7019 7020 7021 7022 7023 7024 7025 7026 Tract: 505.09 BG: 2 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Tract: 505.13 BG: 3 3018 3019 3020 3021 3022 3040 3041 3042 3043 3044 3045 3046 3047 Tract: 505.14 BG: 2 2044 2045 2046 2048 2049 2052 2053 2054 2055 2056 2059 2060 2061 Tract: 505.17 Tract: 505.18 Tract: 505.19 BG: 5 BG: 7 7000 7001 7002 7003 7004 7005 7006 7007 7008 7009 7012 Tract: 505.20 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 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050
District 006 Cobb County
Tract: 303.38 Tract: 303.39 BG: 2 Tract: 304.01 BG: 3 3006 3011 3012 3013 3016 3017 3018 3019 3020 Tract: 304.02 BG: 3 3012 3013
3841
3842
JOURNAL OF THE HOUSE
Tract: 304.04 Tract: 304.05 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 2026 2027 2028 2030 2031 2044 2047 Tract: 304.06 Tract: 305.01 BG: 2 2022 2023 2026 2027 2029 2032 2033 BG: 4 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 4052 4057 4058 4062 4064 4066 4067 4076 4077 4078 4081 4083 4084 4085 4086 Tract: 305.02 BG: 2 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 2999 Tract: 305.04 BG: 1 BG: 2 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 BG: 3 3017 Tract: 305.05 BG: 1 1010 1011 1013 1014 1015 1016 1017 BG: 2 2005 2006 2015 2020 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 Tract: 306 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 BG: 2 2052 2053 2054 2055 2056 2057 2058 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076
WEDNESDAY, APRIL 10, 2002
Tract: 307 BG: 1 1000 1001 1002 1003 1004 1005 1013 1016 1017 1018 1019 1020 1021 1022 BG: 2 BG: 3 BG: 4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4021 4022 Tract: 308 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 3023 3024 3025 3026 3027 3028 3029 3030 3031 3037 3038 3039 3040 3041 3043 Tract: 309.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1013 1014 1015 1016 1017 1018 BG: 2 2020 2021 2022 BG: 4 4000 Tract: 310.01 Tract: 310.04 BG: 3 3004 3005 3006 3007 3008 3009 3010 3014 Tract: 311.01 Tract: 311.05 Tract: 311.06 BG: 4 4000 4001 4002 4007 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4999 Tract: 311.07 Tract: 311.08 Tract: 311.09 Tract: 311.10 Tract: 311.11 Tract: 311.12 Tract: 312.02 BG: 3
3843
3844
JOURNAL OF THE HOUSE
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 3038 3996 3997 3998 BG: 4 BG: 5 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 BG: 6 Tract: 312.03 BG: 1 1003 1004 1005 1006 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 BG: 2 2035 Tract: 312.04 BG: 1 BG: 2 2007 2008 2009 2010 2011 2012 2013 2014 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2062 2063 2064 2065 Tract: 313.02 BG: 3 3002 3003 3004 3006 3007 3008 3010 3011 3012 3013 BG: 4 BG: 5 Tract: 313.06 BG: 1 1019 Tract: 313.07
District 007 Berrien County
Camden County Tract: 101 Tract: 102 BG: 2 BG: 3 3000 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086
WEDNESDAY, APRIL 10, 2002
3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3108 3109 3110 3111 3112 3113 3114 3115 3116 3117 3118 3119 3120 3121 3122 3123 3125 3126 3127 3131 3132 3133 3134 3135 3136 3137 3145 3166 3167 3168 3169 3170 3171 3172 3244 3998 3999 Tract: 103.01 Tract: 103.02 Tract: 104 Tract: 105 BG: 9 9006 9007 9008 9009 9012 9013 9014 9015 9016 Tract: 106 BG: 1 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 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 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2994 2995 2996 2997 2998 2999 BG: 3 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 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3108 3109 3110 3111 3112 3113 3114 3115 3116 3117 3118 3119 3120 3121 3122 3990 3991 3992 3993 3994
Charlton County
Clinch County
Cook County Tract: 9801 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012
3845
3846
JOURNAL OF THE HOUSE
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 1999 BG: 2 Tract: 9802 BG: 1 1000 1001 1002 1003 1999 Tract: 9803 BG: 1 1005 1006 1007
Echols County
Lanier County
Tift County Tract: 9901 BG: 1 1000 1001 1002 1003 1004 1005 1033 1034 1035 1036 1047 1048 1049 1999 Tract: 9904 BG: 1 1000 1001 1002 1003 Tract: 9905 Tract: 9906 BG: 1 1000 1001 1002 1003 1004 1016 1017 1018 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 BG: 2 2032 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 2064 2065 BG: 3 BG: 4 Tract: 9907 BG: 1 1000 1001 1012 1013 1014 1015 1016 1017 1018 1021 1022 1023
WEDNESDAY, APRIL 10, 2002
1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 BG: 2 BG: 3 BG: 4 4037 4038 4039 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 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4098 Tract: 9908 BG: 1 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1031 1032 1033 1034 1035 1036 1037 1038 BG: 2 Tract: 9909
Ware County
District 008 Brooks County
Cook County Tract: 9801 BG: 1 1000 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 Tract: 9802 BG: 1 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 1994 1995 1996 1997 1998 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 9803 BG: 1 1000 1001 1002 1003 1004 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
3847
3848
JOURNAL OF THE HOUSE
1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 9804
Lowndes County
Thomas County Tract: 9603 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 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 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2010 2011 2043 2044 Tract: 9604 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 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 Tract: 9606 BG: 3 3010 3011 3012 3013 3014 3015 3016 3019 3020 3021 Tract: 9607 BG: 2 BG: 3 BG: 4 BG: 5 BG: 6 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6030 6031 6032 6033 6034 6035 6036 6037 6038 6042 6043 6044 6045 6046 6047 6048 6049 6050 6051 6052 6053 6054 6055 6056 6057 6058 6059 6060 6061 6062 6063 6064 6065 6066 6067 6068
WEDNESDAY, APRIL 10, 2002
Tract: 9608 Tract: 9609 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1036 1038 BG: 3 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 Tract: 9610 BG: 3 3006 3008 3009 3012 3013 3015 3019 3020 3022 3024 3026 3027 3029 3032 3033 3034 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3998 3999 Tract: 9611 BG: 1 BG: 2 2000 2001 2002 2005 2006 2007 2008 2011 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 BG: 3
District 009 Gwinnett County
Tract: 504.25 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 Tract: 504.27 Tract: 504.28 BG: 2 BG: 5 5002 5003 5004 5005 5006 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 Tract: 504.29 BG: 1 1000 1001 1002 1003 1004 1014 1015 1016 1017 1999 BG: 7 Tract: 505.07 BG: 2
3849
3850
JOURNAL OF THE HOUSE
BG: 3 3011 3012 3021 3022 3023 3024 3025 3026 3027 3028 BG: 7 7006 7007 7008 7027 Tract: 505.09 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 BG: 4 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4016 4999 Tract: 505.10 BG: 1 1002 1003 1004 1005 1010 1011 Tract: 505.12 BG: 1 Tract: 505.13 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3999 Tract: 505.14 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 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2047 2050 2051 2057 2058 2999 Tract: 505.15 Tract: 505.16 Tract: 505.19 BG: 4 BG: 7 7010 7011 7013 Tract: 505.20 BG: 1 BG: 2 2033 2034 2035
WEDNESDAY, APRIL 10, 2002
Tract: 505.21 Tract: 505.22 Tract: 506.02 BG: 3 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 BG: 4 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4044 4045 4046 4081 4082 4083 4089 4090 4091 4092 Tract: 506.03 BG: 2 2011 2038 2039 2040 2041 2042 2043 2044 Tract: 507.05 BG: 1 1017 1018 1019 Tract: 507.12 Tract: 507.13 Tract: 507.14 Tract: 507.15 Tract: 507.18 Tract: 507.19 Tract: 507.20 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 BG: 3 BG: 4 Tract: 507.21 BG: 6 6000 6001 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6020 6021 6022 6023 6024 6025 BG: 8 8002 8025 8026 8029 8033
District 010 DeKalb County
Tract: 209 BG: 2
3851
3852
JOURNAL OF THE HOUSE
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 BG: 3 3000 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 BG: 4 Tract: 234.04 Tract: 234.05 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 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 4028 4029 4030 4031 4032 4997 4998 Tract: 234.10 Tract: 234.11 Tract: 234.12 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2012 2013 2014 BG: 3 Tract: 234.13 BG: 1 1002 1003 1004 1005 Tract: 234.14 BG: 1 1011 1012 1013 1014 Tract: 234.15 BG: 1 1007 1008 1009 1010 1011 1012 1013 1014 1023 1998 BG: 4 Tract: 235.04 Tract: 235.05 BG: 1 1012 1013 BG: 2 2007 2008 2011 2012 2013 2014 Tract: 235.06 BG: 2 2011 2012 2023 2024 2025
WEDNESDAY, APRIL 10, 2002
BG: 4 4009 4010 4011 4012 4014 4015 4016 4017 4018 Tract: 235.07 BG: 2 2000 2001 2003 2004 2005 2006 2007 BG: 3 Tract: 236.01 BG: 1 BG: 2 BG: 3 3000 3004 3005 3006 3008 3009 Tract: 236.02 BG: 1 BG: 2 2007 2008 2009 Tract: 236.03 Tract: 237 Tract: 238.01 Tract: 238.02 Tract: 238.03
Henry County Tract: 701.01 Tract: 701.02 Tract: 701.05 BG: 1 1002 1146 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2024 2025 2027 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 Tract: 701.06 BG: 1 1000 1001 1002 1003 1004 1008 1009 1011 1019 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2013 2014 2015 2016 2017 2018 2019 2020 Tract: 702.01 BG: 1 BG: 2 2000 2001 2002 2008 2009 2010 2011 2012 2013 2021 2022 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045
3853
3854
JOURNAL OF THE HOUSE
Tract: 702.02 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1021 1022 1023 BG: 2 2006 2007 2008 2013 2014 2015 2016 2017 2018 2019 2020 2025 2026 2027 2028 2029 Tract: 702.03 BG: 1 1018 1019 1020 1021 1022 1023 1026 1027 1028 1029 Tract: 703.03 BG: 1 1008 1009 1010 1011 1012 1013 1016 1017 1018 1019 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1047 1048 1068 1069 1070 1071 1072 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 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 2032 2033 2034 2036 2037 2038 2039 2040 2041 2042 2043 2072 2073 2074 2075 2076 2077 2078 2079 BG: 3 3000 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 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3049 3051 3052 3053 3054 3055 3067 3068 3069 3070 3071 3072 3073 Tract: 703.04 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 3030 3031 3032 3033 3034 3035 3036
District 011 Colquitt County
Tract: 9702 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 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040
WEDNESDAY, APRIL 10, 2002
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 1082 1083 1084 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 2054 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 2999 Tract: 9703 BG: 1 1038 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 9704 BG: 1 1006 1007 1010 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 1049 1050 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 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2998 Tract: 9706 BG: 2 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 BG: 3 Tract: 9707 BG: 1 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 BG: 2 BG: 3 BG: 4 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4028 4029 4030 4031 4032 4033 4034 4035 4036
3855
3856
JOURNAL OF THE HOUSE
BG: 5 5029 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 5066 5067 5068 BG: 6 Tract: 9708 Tract: 9709
Decatur County
Early County
Grady County
Miller County
Mitchell County Tract: 9801 BG: 1 1000 1001 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 1045 1046 1047 1048 1049 Tract: 9802 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 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 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3997 3998 3999 BG: 4 Tract: 9804 BG: 3 3040 BG: 4 4024 4025 4026 4027 4033 Tract: 9805 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015
WEDNESDAY, APRIL 10, 2002
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 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 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 BG: 4 BG: 5
Seminole County
Thomas County Tract: 9601 Tract: 9602 Tract: 9603 BG: 1 1022 1023 BG: 2 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 2038 2039 2040 2041 2042 2045 Tract: 9604 BG: 2 2018 Tract: 9605 Tract: 9606 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3017 3018 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 BG: 4 BG: 5 Tract: 9607 BG: 1 BG: 6 6000 6001 6002 6003 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6039 6040 6041
3857
3858
JOURNAL OF THE HOUSE
Tract: 9609 BG: 1 1000 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1037 1039 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 3031 3032 Tract: 9610 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3007 3010 3011 3014 3016 3017 3018 3021 3023 3025 3028 3030 3031 3035 3036 3037 3038 3039 Tract: 9611 BG: 2 2003 2004 2009 2010 2012
District 012 Baker County
Calhoun County
Clay County
Dougherty County Tract: 1 BG: 1 1003 1004 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 10 Tract: 101 BG: 1 1030 1031 1032 1033 BG: 2 2018 2019 2020 2021 2022 Tract: 103.01 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012
WEDNESDAY, APRIL 10, 2002
1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1997 1999 Tract: 103.02 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 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 Tract: 104.01 Tract: 104.02 Tract: 104.03 Tract: 105 Tract: 106.01 Tract: 106.02 Tract: 107 Tract: 108 Tract: 109 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2009 2010 2011 2998 2999 BG: 3 Tract: 11 Tract: 111 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 Tract: 12 Tract: 13 Tract: 14.01 Tract: 14.02 Tract: 15 Tract: 2 Tract: 3 BG: 1 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1024 1025 1026 1027 1028 1031 1032 1033 1034 1035 1036 1995 1996 Tract: 4 Tract: 5
3859
3860
JOURNAL OF THE HOUSE
Tract: 6 Tract: 8 Tract: 9
Lee County Tract: 202 BG: 1 1075 1076 1077 1078 1079 1080 Tract: 203 BG: 4 4001 4002 4003 4005 4006 4007 4008 4009 4010 4011 4012 4013 4016 4017 4018 4019 4020 4021 4022 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 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 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4100 4101 4103 4104 4105 4106 4990 4991 4992 4993 4994 4995 4996 4997 4998 4999 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5017 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 5053 5054 5989 5990 5991 5992 5993 5995 5996 5997 5998 5999 Tract: 204 BG: 2 2002 2003 2004 2005 2006 2007 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2999 BG: 3
Mitchell County Tract: 9801 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1044 BG: 2 Tract: 9802 BG: 3 3015 3016 Tract: 9803 Tract: 9804
WEDNESDAY, APRIL 10, 2002
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 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4028 4029 4030 4031 4032 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 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 Tract: 9805 BG: 1 1000 1001 1002 1003 BG: 3 3022
Randolph County
Terrell County
District 013 Ben Hill County
Tract: 9601 BG: 1 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1107 1108 1109 1110 1111 1112 1987 1988 1989 Tract: 9602 BG: 1 1005 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
3861
3862
JOURNAL OF THE HOUSE
1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1131 1132 1133 1134 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1993 1994 1995 1996 1997 1998 Tract: 9603 Tract: 9604 BG: 1 1003 1004 1005 1006 1007 1008 1009 1010 1033 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2027 2028 2029 2030 BG: 3 3009 3010 3011 3012 3028 3029 3030 3031 3047 3048 3049 Tract: 9605 BG: 1 BG: 2 BG: 3 3001 3002 3003 3004 3005 3006 3009 3010 3011 3012 3013 3014 3017 3018 3019 3020 3021 3022 3025 3026 3027 3028 3029 3030 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3047 3048 3049 3050 3051 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3999
Colquitt County Tract: 9701 Tract: 9702 BG: 1 1000 1001 1002 1003 1004 1074 1075 1076 1077 1078 1079 1080 1081 1085 1086 1087 1088 1998 1999 BG: 2 2080 2081 Tract: 9703 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 1039 1040 1041 1042 1043 1044 1045 1046
WEDNESDAY, APRIL 10, 2002
Tract: 9704 BG: 1 1000 1001 1002 1003 1004 1005 1008 1009 1011 1012 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 BG: 2 2000 2001 2002 2003 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2999 BG: 3 Tract: 9705 Tract: 9706 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2019 2020 2021 2022 2023 2024 2025 2026 2027 Tract: 9707 BG: 1 1000 1001 1002 1003 1004 1005 1035 1036 1037 1038 1039 1040 BG: 4 4000 4001 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4037 4038 BG: 5 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 5030 5062 5063 5064 5065 5069 5070
Crisp County
Dooly County
Dougherty County Tract: 1 BG: 1 1000 1001 1002 1005 1006 1007 1008 1009 1010 1011 1012 1013 Tract: 101 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 1034 1035 1036 1037 1038 1996 1997 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Tract: 103.01
3863
3864
JOURNAL OF THE HOUSE
BG: 1 1000 Tract: 109 BG: 2 2007 2008 2012 2013 2014 2015 2016 2017 2018 2019 2997 Tract: 110 Tract: 111 BG: 1 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032
Irwin County
Lee County Tract: 201 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 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2993 2994 2995 2998 2999
Tift County Tract: 9901 BG: 1 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 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1050 1051 1052 1053 1054 1055 1056 1057 1995 1996 1997 1998 BG: 2 Tract: 9902 Tract: 9903 Tract: 9904 BG: 1 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 BG: 2 BG: 3 BG: 4 BG: 5 BG: 6
WEDNESDAY, APRIL 10, 2002
Tract: 9906 BG: 1 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1019 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 2033 2034 2035 Tract: 9907 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1019 1020 BG: 4 4000 4001 4002 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 4028 4029 4030 4031 4032 4033 4034 4035 4036 4040 4041 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4998 4999 Tract: 9908 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1022 1023 1024 1025 1026 1027 1028 1029 1030
Turner County
Wilcox County Tract: 9901 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1015 1016 1034 1035 1036 1037 1038 1073 1074 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1993 1994 1999 BG: 2 Tract: 9902-2 Tract: 9903-2 Tract: 9904
Worth County
District 014 Chattahoochee County
Dougherty County Tract: 102
3865
3866
JOURNAL OF THE HOUSE
Tract: 103.01 BG: 1 1998 Tract: 103.02 BG: 3 3996 3997 3998 3999 BG: 5 5999 Tract: 3 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1020 1021 1022 1023 1029 1030 1997 1998 1999 BG: 2 Tract: 7
Harris County Tract: 9802 BG: 1 1000 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 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1998 1999 BG: 2 2035 2037 2038 2048 2049 2050 Tract: 9804 BG: 1 BG: 2 2000 2001 2002 2003 2004 2078 2080 2081 2088 2090 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5030 5031 5032 5034 5035 5036 5037 5038 5039 5997 5998 5999
Lee County Tract: 201 BG: 1 BG: 2 2025 2026 2027 2028 2029 2030 2050 2051 2052 2053 2054 2055
WEDNESDAY, APRIL 10, 2002
2056 2057 2058 2059 2060 2061 2996 2997 BG: 3 Tract: 202 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 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 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 Tract: 203 BG: 4 4000 4004 4014 4015 4023 4044 4045 4046 4047 4098 4099 4102 BG: 5 5015 5016 5018 5019 5020 5021 5022 5023 5024 5052 5994 Tract: 204 BG: 1 BG: 2 2000 2001 2008 2009 2010 2011 2012 2013 2032 2033 2998
Macon County
Marion County
Meriwether County Tract: 9705 BG: 1 1019 1020 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 1997 1998 BG: 2 2043 2044 2046 2047 2048 2049 2050 2051 2052 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2999 BG: 3 BG: 4 BG: 5 BG: 6
3867
3868
JOURNAL OF THE HOUSE
BG: 7 Tract: 9706 BG: 1 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 1998 BG: 2 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 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 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 2998 2999
Muscogee County Tract: 101.04 BG: 1 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1999 Tract: 105.01 BG: 1 1021 1022 1023 1024 1025 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2022 2023 2024 BG: 3 3011 3012 3013 3014 3015 3016 3017 Tract: 105.02 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1010 1011 1012 1013 1014 1015 Tract: 108 BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 9008 9009 9010 9011 9014 9995 9996 9997 9998 9999 Tract: 21 BG: 1 1005 1006 1007 1008 1009 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2011 2012 2013
Quitman County
WEDNESDAY, APRIL 10, 2002
Schley County
Stewart County
Sumter County
Talbot County
Taylor County
Upson County Tract: 9903 BG: 1 1997 BG: 2 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 2042 2043 2044 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2087 2996
Webster County
District 015 Muscogee County
Tract: 1 Tract: 10 Tract: 101.06 BG: 3 Tract: 102.03 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1012 1013 1015 1016 1017 1999 Tract: 102.04 BG: 1 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2997 2999 Tract: 102.05 Tract: 104.01
3869
3870
JOURNAL OF THE HOUSE
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 2029 2030 2031 2032 2033 2034 2035 2036 2998 2999 Tract: 104.02 BG: 1 BG: 2 BG: 9 9000 9001 9002 9003 9004 9013 9015 9016 9017 9018 9019 9020 9997 9998 9999 Tract: 105.01 BG: 2 2016 2017 2018 2019 2020 2021 BG: 4 4009 4010 4011 4012 4021 4022 4025 4026 Tract: 106.02 Tract: 106.04 Tract: 106.05 Tract: 106.06 Tract: 107.01 Tract: 107.02 Tract: 107.03 Tract: 108 BG: 9 9012 9013 9015 9016 9017 9018 9992 9993 9994 Tract: 109 Tract: 11 Tract: 110 Tract: 12 Tract: 13 Tract: 14 Tract: 15 Tract: 16 Tract: 18 Tract: 19 Tract: 2 BG: 1 1000 1001 1002 1003 1004 1005 1006 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1999 BG: 2 Tract: 20 Tract: 21
WEDNESDAY, APRIL 10, 2002
BG: 1 1000 1001 1002 1003 1004 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 BG: 2 2008 2009 2010 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Tract: 22 Tract: 23 Tract: 24 Tract: 25 Tract: 26 Tract: 27 Tract: 28 Tract: 29.01 Tract: 29.02 Tract: 3 BG: 1 1000 1001 1012 1013 BG: 2 2000 2001 2013 2014 2015 BG: 3 3015 BG: 4 BG: 5 Tract: 30 Tract: 31 Tract: 32 Tract: 33 Tract: 34 Tract: 4 BG: 3 3019 3023 3998 Tract: 5 Tract: 8 Tract: 9
District 016 Bibb County
Tract: 121 BG: 1 BG: 2 BG: 3
3871
3872
JOURNAL OF THE HOUSE
3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 BG: 4 Tract: 122 BG: 2 2041 2042 Tract: 130 BG: 2 2215 2216 2217 2219 2220 Tract: 132.01 BG: 1 1000 Tract: 134.01 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 1037 1998 1999 BG: 2 BG: 3 BG: 4 Tract: 134.02 Tract: 135.01 BG: 1 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 BG: 2 BG: 3 BG: 4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4997 4998 4999 BG: 5 Tract: 135.02 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 1040 1041 1042 1043 1044 1045 1046 1047 BG: 2 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 Tract: 136.01 BG: 1 BG: 2
WEDNESDAY, APRIL 10, 2002
2001 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2998 2999 BG: 3 BG: 4 4010 4011 4012 4013 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4041 4042 4999 Tract: 136.02 BG: 3 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3999 BG: 4 BG: 5 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 BG: 6
Crawford County Tract: 702 BG: 1 1000 1001 1002 1003 1004 1999
Harris County Tract: 9801.98 BG: 1 1000 1001 1002 1003 1004 1088 Tract: 9802 BG: 1 1001 1002 1003 1004 1005 1006 1090 1091 1092 1099 BG: 2 2000 2001 2030 2031 2032 2034 2036 2039 2040 2043 2044 2045 2046 2047 2051 2052 2053 Tract: 9803 BG: 1 1101 1102 1103 1104 1105 1106 1107 1108 Tract: 9804 BG: 2 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 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 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2079 2082 2083 2084 2085 2086 2087 2089 2995 2996 2997 2998
3873
3874
JOURNAL OF THE HOUSE
2999 BG: 3 3009 3010 3011 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3028 3029 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 BG: 4 BG: 5 5024 5025 5026 5027 5028 5029 5033 5996
Houston County Tract: 201.01 BG: 2 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2045 2046 2047 2052 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 BG: 3 BG: 4 4002 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 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 Tract: 202 BG: 4 4052 Tract: 209 BG: 4 4005 Tract: 210 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 Tract: 211.03 BG: 2 2010 2011 2016 2017 2019 2020 2021 2022 2023 2026 2027 BG: 3 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 3030 3031 3041 3042 3043 3044 3045 3046 3047 3048 3049 Tract: 211.04
WEDNESDAY, APRIL 10, 2002
Tract: 211.05 BG: 2 2031 2032 2034 2035 2036 2056 2057 2058 2059 Tract: 211.06 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 1033 1037 1038 1039 BG: 2 Tract: 211.07 BG: 1 BG: 2 2007 2013 2014 2015 2016 2017 2018 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 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2998 Tract: 212 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 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1996 1998 1999 BG: 2 2005 2006 2007
Lamar County Tract: 9701 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1029 1030 1031 1032 1033 1044 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1059 1073 1995 1996 1997 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2011 2012 2013 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 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2079 2080 2081 2996 2997 2999
3875
3876
JOURNAL OF THE HOUSE
BG: 3 Tract: 9702 BG: 1 1003 1004 1061 1062 1063 1064 1074 BG: 2 2000 2002 BG: 3 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 BG: 4 4000 4001 4002 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 4028 4032 4033 BG: 5 5003 5004 5008 5010 5013 5018 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5033 5034 5035 5036 5037 5038 5060 Tract: 9703 BG: 1 1004 1005 1008 1009 1010 1011 BG: 2 2019 2020 2021 BG: 3 3000 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 3038 3039 3040 3041 3042 3043 3044 3045 BG: 4
Meriwether County Tract: 9704 BG: 2 2040 2041 2042 2997 Tract: 9705 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1022 1999 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 2045 2053 2054 2055 2056 2079 2080 2081 2996 2997 2998
WEDNESDAY, APRIL 10, 2002
Tract: 9706 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2027 2031 2032 2033 2089 2090 2091 BG: 3 3054 3055 3068 3069 3070
Monroe County Tract: 501 BG: 1 1075 1076 1077 1078 1079 1080 1082 1995 BG: 2 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 2051 2052 2053 2056 2057 2058 2064 2997 2998 2999 BG: 3 3012 3013 3014 3015 3016 3017 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3075 3095 3096 3097 3100 3101 3102 3103 3104 3105 3106 3107 3128 3129 3134 3135 3136 3137 Tract: 502 BG: 1 1000 1001 1002 1003 1004 1005 Tract: 503 BG: 1 1005 1006 1007 1008 1011 1036 1112 1113 1114 1115 1116 1117 1118 1119 1121 1140 1161 1162 BG: 3 3006 3007 3017 3018 3019 3020 3021 3022 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3093 3094 3095 3096 3098 3100 3101 3104 3998
Muscogee County Tract: 101.02 Tract: 101.04 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 Tract: 101.05
3877
3878
JOURNAL OF THE HOUSE
Tract: 101.06 BG: 1 BG: 2 Tract: 102.01 Tract: 102.03 BG: 1 1000 1001 1011 1014 BG: 2 BG: 3 Tract: 102.04 BG: 2 2000 2001 2002 2998 Tract: 103.01 Tract: 103.02 Tract: 104.01 BG: 2 2021 2022 2023 2024 2025 2026 2027 2028 BG: 3 Tract: 104.02 BG: 9 9005 9006 9007 9008 9009 9010 9011 9012 9014 Tract: 105.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4013 4014 4015 4016 4017 4018 4019 4020 4023 4024 4999 Tract: 105.02 BG: 1 1000 1009 Tract: 2 BG: 1 1007 1008 1009 1010 1011 1012 1013 1014 Tract: 3 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011
WEDNESDAY, APRIL 10, 2002
3012 3013 3014 Tract: 4 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 3020 3021 3022 3997 3999
Peach County Tract: 401 Tract: 402 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1016 1017 1032 1033 1034 1035 1036 BG: 2 2000 2001 2002 2057 2058 2059 2060 2061 2062 2063 2064 Tract: 403.01 BG: 1 1000 1001 1999
Pike County Tract: 9801 BG: 2 2058 2059 2997 2998 Tract: 9804 BG: 1 BG: 2 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 2042 2999
Upson County Tract: 9902.01 BG: 5 5002 5003 5004 5005 5028 5029 5999 Tract: 9902.02 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1997 BG: 2 2000 2001 2002 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029
3879
3880
JOURNAL OF THE HOUSE
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 1998 1999 BG: 2 2000 2001 2049 2999
District 017 Butts County
Tract: 1501 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 1066 1068 1069 1072 1073 1074 1075 1076 1993 1994 1995 1996 1997 1998 1999 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 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2996 2997 2998 2999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3024 3025 3026 3028 3029 3030 3031 3997 3999 Tract: 1502 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1028 1029 1030 1031 1032 1033 1034 1035 1036
Fayette County Tract: 1404.05 BG: 2 2007 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2021 2022 2023 2024
WEDNESDAY, APRIL 10, 2002
Tract: 1404.08 BG: 1 BG: 2 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Tract: 1405.01 BG: 1 1000 1001 1002 1003 1004 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1048 1049 1050 1051 1052 1053 1997 1998 1999
Henry County Tract: 701.04 BG: 1 1042 1046 1049 1050 1051 1052 1053 1054 1055 1056 1065 1066 1067 1068 1069 BG: 2 2002 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 Tract: 702.02 BG: 1 1000 1001 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1024 1025 1026 BG: 2 2000 2001 2002 2003 2004 2005 2009 2010 2011 2012 2021 2022 2023 2024 2998 2999 Tract: 702.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1024 1025 1030 1031 1032 1033 1034 1035 1036 1037 1038 BG: 2 Tract: 703.03 BG: 2 2022 2027 2028 2029 2030 2031 2035 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 BG: 3 3001 3002 3044 3045 3046 3047 3048 3050 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 Tract: 703.04 BG: 3 3037 3038
3881
3882
JOURNAL OF THE HOUSE
Tract: 703.05 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 BG: 2 Tract: 703.06 Tract: 704.01 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 2023 2024 2028 2035 2036 2058 2059 2060 2088 BG: 3 3018 3019 3020 3021 3022 3023 Tract: 704.02 Tract: 705
Jasper County Tract: 9901 Tract: 9902 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 1108 1109 1997 1998 1999 Tract: 9903 BG: 1 1000 1001 1002 1018 1019 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1104 BG: 2 2014 2015 2017 2018 2019 2020 2021 2098 2099 2100 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 3030 3031 3032 3033 3034 3035
WEDNESDAY, APRIL 10, 2002
3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3059 3060 3079 3080 3081 3998 3999
Jones County Tract: 302 BG: 1 1034
Newton County Tract: 1001 BG: 1 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 1053 1064 1073 1074 1075 1076 1077 1078 1998 1999 BG: 2 2104 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2996 2997 Tract: 1002 BG: 1 1068 1069 1070 1073 1074 1076 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2020 2030 2031 2032 2033 2034 2035 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 2064 2065 2066 2067 2068 2069 2070 2071 2998 2999 BG: 3 BG: 4 Tract: 1003 BG: 3 3018 3019 3021 3022 3023 3024 3025 Tract: 1004 BG: 1 1071 1072 Tract: 1005 BG: 1 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
3883
3884
JOURNAL OF THE HOUSE
1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1097 1099 1100 1101 1111 1113 1114 1115 1116 1117 1118 1119 Tract: 1006 BG: 1 1061 Tract: 1008 Tract: 1009 BG: 1 BG: 2 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2997
Putnam 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 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 1133 1134 1135 1136 1137 1138 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 BG: 2 2000 2001 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 2997 2998 2999 Tract: 9602 BG: 1 1000 1001 1002 1003 1004 1005 1006 1041 1999 Tract: 9603 BG: 1 BG: 2
WEDNESDAY, APRIL 10, 2002
2023 2024 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2049 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 2078 2079 2080 2081 2082 2997 2998 2999
Rockdale County Tract: 603.07 BG: 3 3035 Tract: 604.03 BG: 1 1006 1007 1008 Tract: 604.04 Tract: 604.05 BG: 1 1000 1001 1002 1003 1004 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 BG: 2 Tract: 604.06 Tract: 604.07
Spalding County Tract: 1601 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 1997 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2014 Tract: 1603 BG: 1 1000 1001 1002 1003 1004 1005 Tract: 1605 BG: 1 1000 1001 1002 1005 1032 1033 1034 1035 1036 1037
3885
3886
JOURNAL OF THE HOUSE
Walton County Tract: 1105.01 BG: 1 1018 1019 1020 1021 1022 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 1069 1070 1076 1077 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 1998 Tract: 1105.02 Tract: 1106 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 1038 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 1998 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2046 2047 2048 2050 2051 2052 2056 2057 2999 Tract: 1108 BG: 1 1013 1051 1052 1053 1054
District 018 Bibb County
Tract: 130 BG: 2 2200 2201 2202 2203 2204 2221 2222 2235 2236 2990 2991 Tract: 135.01 BG: 4 4000 4996 Tract: 135.02 BG: 1 1000 1036 1037 1038 1039 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1999
WEDNESDAY, APRIL 10, 2002
BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2999
Bleckley County
Crawford County Tract: 701 Tract: 702 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 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 1992 1993 1994 1995 1996 1997 1998 BG: 2 BG: 3
Houston County Tract: 201.01 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 2023 2024 2044 2048 2049 2050 2051 2053 2054 2055 2056 2057 2072 BG: 4 4000 4001 Tract: 201.02 BG: 1 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2996 2997 BG: 3 BG: 4 Tract: 202 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 BG: 2
3887
3888
JOURNAL OF THE HOUSE
BG: 3 BG: 4 4000 4001 4002 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 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 Tract: 203 BG: 3 3013 3014 BG: 4 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 Tract: 204 BG: 2 2009 Tract: 206 BG: 1 1015 Tract: 209 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 Tract: 210 BG: 1 BG: 2 BG: 3 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 BG: 4 BG: 5 Tract: 211.03 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2012 2013 2014 2015 2018 2024 2025 BG: 3 3000 3001 3002 3032 3033 3034 3035 3036 3037 3038 3039 3040 3999
WEDNESDAY, APRIL 10, 2002
BG: 4 Tract: 211.05 BG: 1 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1998 1999 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 2033 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 Tract: 211.06 BG: 1 1032 1034 1035 1036 1040 Tract: 211.07 BG: 2 2000 2001 2002 2003 2004 2005 2006 2008 2009 2010 2011 2012 2019 2045 2046 2999 Tract: 212 BG: 1 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 1997 BG: 2 2000 2001 2002 2003 2004 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2998 2999 BG: 3 BG: 4 BG: 5 BG: 6 BG: 7 Tract: 213 Tract: 214 Tract: 215
Lamar County Tract: 9701 BG: 1 1015 1016 1027 1028 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1045 1046 1057 1058 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1074 1075 1076 1077 1078
3889
3890
JOURNAL OF THE HOUSE
1998 BG: 2 2010 2014 2074 2075 2076 2077 2078 2995 2998 Tract: 9702 BG: 1 1000 1001 1002 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 1065 1066 1067 1068 1069 1070 1071 1072 1073 1075 1076 1077 1078 1079 1998 1999 BG: 2 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 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3038 BG: 4 4029 4030 4031 4999 BG: 5 5000 5001 5002 5005 5006 5007 5009 5011 5012 5014 5015 5016 5017 5019 5020 5032 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5997 5998 5999 Tract: 9703 BG: 1 1000 1001 1002 1003 1006 1007 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 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2022 2023 2024 2025 BG: 3 3001 3002 3003 3036 3037
Monroe County Tract: 501 BG: 1 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
WEDNESDAY, APRIL 10, 2002
1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1994 BG: 2 2054 2055 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 BG: 3 3108 3109 3110 3111 3112 3113 3114 3115 3116 3117 3118 3119 3120 3121 3122 3123 3124 3125 3126 3127 3130 3131 3132 3133 3989 Tract: 502 BG: 1 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 BG: 2 BG: 3 Tract: 503 BG: 1 1009 1010 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 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 1139 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1163 1164 1165 1989 1990 1991 1992 1993 1994 1995 BG: 2 BG: 3 3008 3009 3010 3011 3012 3013 3014 3015 3016 3080 3997
Peach County Tract: 402 BG: 1 1014 1015 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1037 1038 1039 1040 1041 1042 1043 1044
3891
3892
JOURNAL OF THE HOUSE
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 BG: 2 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 2065 2066 2067 2068 2069 2999 Tract: 403.01 BG: 1 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 1998 BG: 2 Tract: 403.02 Tract: 404
Pulaski County
Upson County Tract: 9901 Tract: 9902.01 BG: 3 BG: 4 BG: 5 5000 5001 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 Tract: 9902.02 BG: 1 1000 1001 1002 1003 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 1998 1999 BG: 2 2003 2004 2005 2006 2007 Tract: 9903 BG: 2 2040 2041 2045 2046 2047 2048 2050 2051 2052 2053 2054 2055
WEDNESDAY, APRIL 10, 2002
2056 2057 2080 2081 2082 2083 2084 2085 2086 2994 2995 2997 2998 Tract: 9904 Tract: 9905 Tract: 9906
District 019 Appling County
Tract: 9502 BG: 1 1000 1001 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1025 1026 1027 1028 1029 1030 1031 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 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1999 BG: 2 2011 2012 2016 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 2060 2061 2062 2063 2064 2065 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2094 BG: 3 Tract: 9503 Tract: 9504 BG: 1 1015 1016 1017 1018 1020 1021 1022 1023 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 BG: 2
3893
3894
JOURNAL OF THE HOUSE
Tract: 9505
Atkinson County
Bacon County
Ben Hill 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 1106 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1986 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 Tract: 9602 BG: 1 1000 1001 1002 1003 1004 1006 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1135 1136 1137 1203 1999 Tract: 9604 BG: 1 1000 1001 1002 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1034 1035 1036 1037 1038 1039 1040 BG: 2 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2031 2032 2033 2034 2035 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3050 3051 3052 BG: 4 Tract: 9605 BG: 3
WEDNESDAY, APRIL 10, 2002
3000 3007 3008 3015 3016 3023 3024 3031 3032 3046 3052 BG: 4 BG: 5
Brantley County Tract: 9801 BG: 1 1075 1076 1077 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 BG: 2 2010 2011 2012 2013 2014 2015 2016 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2996 2997 2998 2999 Tract: 9802 BG: 1 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 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1984 1991 1994 1996 1999 BG: 2 BG: 3 Tract: 9803
Coffee County
Dodge County Tract: 9604 BG: 3 3070 3071 3072 3073 3074 3075 3076 3077 3078 Tract: 9605 BG: 1 1015 1021 1022 1023 1024 1029 1030 1031 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
3895
3896
JOURNAL OF THE HOUSE
BG: 2 2000 2001 2002 2003 2004 2007 2012 2018 2019 2021 2022 Tract: 9606 BG: 1 1014 1017 1018 1019 1020 1021 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 BG: 2 2002 2004 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 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2997 2998
Jeff Davis County
Pierce County Tract: 9601 BG: 1 1000 1001 1002 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 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 BG: 1 1041 1042 1043 1044 1045 1046 1047 1051 1052 1053 1054 1055 1056 1057 1058 1059 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 BG: 2 2011 2012 2014 2015 2016 2017 2065 2066
WEDNESDAY, APRIL 10, 2002
Tract: 9603 BG: 1 1014 1025 1026 1027 1028 1051 1052 1080 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1097 1098 1997 BG: 2 2000 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 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 2089 2090 2999 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 Tract: 9604 BG: 3 3011 3016 3017 3018 3019 3020 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 3054 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
Telfair County
Toombs County Tract: 9701 BG: 1 1030 1031 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1999 BG: 2 BG: 3
3897
3898
JOURNAL OF THE HOUSE
BG: 4 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4035 4037 Tract: 9702 BG: 1 1006 1007 1008 1021 1022 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1045 1046 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3020 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 Tract: 9703 BG: 3 3053 3054 3055 3056 3057 BG: 5 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5999 Tract: 9704 BG: 3 3019 BG: 4 4000 4002 4003 4004 4005 4007 4008 4009 4010 4011 4012 4013 4022 4023 4024 4025 4026 4027 Tract: 9705 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2015 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 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2999 BG: 3 Tract: 9706
Wayne County Tract: 9704 BG: 1 1008 1009 1010 1011 1012 1013 1014 1015 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069
WEDNESDAY, APRIL 10, 2002
1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1998 BG: 2 BG: 3 Tract: 9706 BG: 1 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1055 1056 1057 1058 1059 BG: 2 2000 2001 2002 2003 2036 2037 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3011 3012 3024 3025 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3062 3063 3064 3997 3999
Wilcox County Tract: 9901 BG: 1 1013 1014 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 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 1075 1076 1077 1078 1079 1080 1081 1082 1995 1996 1997 1998
District 020 Dodge County
Tract: 9601 Tract: 9602 Tract: 9603 Tract: 9604 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 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047
3899
3900
JOURNAL OF THE HOUSE
3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 Tract: 9605 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1018 1019 1020 1025 1026 1027 1028 1032 1033 1096 1097 1098 1099 1100 1101 BG: 2 2005 2006 2008 2009 2010 2011 2013 2014 2015 2016 2017 2020 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 Tract: 9606 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015 1016 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1997 1998 1999 BG: 2 2000 2001 2003 2005 2006 2007 2008 2009 2010 2011 2012 2013 2999
Emanuel County Tract: 9801 BG: 4 4016 4017 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 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 4107 4108 4109 4110 4111 4112 4113 4114 4115 4116 4117 4118 4119 4120 4121 4122 4123 4124 4125 4126 4127 4128 4129 4130 4131 4132 4133 4134 4135 4136 4137 4138 4139 4140 4141 4142 4143 4144 4145 4146 4147 4148 4149 4150 4151 4152 4153 4154 4155 4156 4157 4158 4159 4160 4161 4162 4163 4164 4165 4166 4167 4168 4169 4170 4171 4172 4173 4174 4175 4176 4177 4997 4998 Tract: 9802 BG: 2 2014 2015 2017 2018 2019 2020 2061 2062 2064 2065 2066 2067 2068 2069 2070 2071 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2994 2995 2996 2997
WEDNESDAY, APRIL 10, 2002
Tract: 9803 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Tract: 9804 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 1059 1060 1061 1995 1996 1997 1998 BG: 4 4000 4003 4004 4005 4006 4007 4008 4009 4010 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 4073 4074 4075 4076 4077 4078 4079 4996 4997 Tract: 9805 Tract: 9806 BG: 2 2000 2001 2002 2003 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2027 2028 2031 2032 2033 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2999 BG: 3 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3092 3093 3094 3095 3096 3097 3098 3099 3103 3104 3996 3997 BG: 4
Johnson County
Laurens County
Montgomery County
Toombs County Tract: 9701 BG: 1
3901
3902
JOURNAL OF THE HOUSE
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 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1058 1059 1060 1061 1062 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4024 4025 4026 4027 Tract: 9702 BG: 1 1000 1001 1002 1003 1004 1005 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1023 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1047 1048 1049 1050 1051 1052 1053 1054 1055 1999 BG: 3 3017 3018 3019 3021 3022 3023 BG: 4 BG: 5 BG: 6 Tract: 9703 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 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3058 3059 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 Tract: 9704 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 3020 3021 3022 3023 3024 3025 3999 BG: 4 4001 4006 4014 4015 4016 4017 4018 4019 4020 4021 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
WEDNESDAY, APRIL 10, 2002
Tract: 9705 BG: 2 2014 2016
Treutlen County
Washington County Tract: 9501 BG: 1 1003 1004 1005 1006 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1038 1039 1040 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 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1991 1992 1993 1994 1995 BG: 2 2005 2011 2012 2013 2014 2015 2016 2017 2036 2037 2038 2039 2040 2041 2042 2043 2044 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2074 2078 2079 2080 2081 2082 2083 2084 2085 2086 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2135 2136 2993 2994 2996 2997 2998 2999 Tract: 9503 Tract: 9504 Tract: 9505 Tract: 9507
Wheeler County
Wilkinson County Tract: 9602-2 BG: 1 1011 1013 1015 1016 1017 1022 1023 1024 1025 1027 1028 1029 1030 1031 1032 1033 1034 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1996 1997 BG: 2 2000 2001 Tract: 9603-2
3903
3904
JOURNAL OF THE HOUSE
BG: 1 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 1042 1043 1044 1045 1046 1047 1048 1049 1050 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1075 1997 1998 BG: 2 2000 2001 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 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 2998 2999 BG: 3 BG: 4 4000 4001 4002 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 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4998 4999 Tract: 9604 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1038 1047 1048 1049 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1998 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 BG: 3
District 021 Cherokee County
Tract: 901 BG: 4 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4023 4024 4025 4026 4027 4028 4029 4058 4059 Tract: 902 Tract: 903 BG: 1 1030 1031 1032 1033 1034 1035 1038 1039 1049 1050 1051 1053 1054 1055 1992 1995 1996
WEDNESDAY, APRIL 10, 2002
BG: 2 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2992 2993 2994 2995 2996 2998 Tract: 907.01 BG: 4 4049 4052 4998 4999 Tract: 908.01 BG: 7 7999 Tract: 909.01 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 BG: 3 Tract: 909.02 Tract: 909.03 Tract: 910.01 Tract: 910.03 Tract: 910.04 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 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3995 3997 3999 Tract: 910.05 Tract: 910.06 Tract: 911.01 Tract: 911.02 Tract: 911.03
Cobb County Tract: 301.02 BG: 1 1000 1001 1002 1003 1054 1055 1056 1057 Tract: 302.05 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 1042 1043 1044 1045 1053 1054 1062 1999 BG: 2 Tract: 302.11
3905
3906
JOURNAL OF THE HOUSE
BG: 1 1000 1001 1002 1010 1011 1012 BG: 3 3048 3049 3050 3051 3052 Tract: 302.12 Tract: 303.10 Tract: 303.11 Tract: 303.12 BG: 2 2000 2001 2008 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 BG: 5 Tract: 303.13 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 BG: 4 4000 4001 4002 4003 4004 4005 4007 4009 4010 BG: 5 Tract: 303.14 BG: 1 BG: 2 Tract: 303.22 Tract: 303.23 BG: 1 BG: 2 BG: 3 BG: 4 Tract: 303.24 Tract: 303.25 Tract: 303.26 Tract: 305.01 BG: 4 4053 4054 4055 4056 Tract: 306 BG: 5 5000 5001 5002 5003 5004 5005 5015 5016 5053 5056 5057 5997 5998 5999
WEDNESDAY, APRIL 10, 2002
District 022 Richmond County
Tract: 1 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4010 4011 4012 4013 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5023 5024 5025 5026 5027 5028 5029 5999 Tract: 10 BG: 1 1014 1015 1016 1017 1018 1019 1020 BG: 2 2005 2007 2008 2009 2010 2011 2012 2013 2014 BG: 3 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 BG: 4 Tract: 101.02 BG: 2 BG: 3 Tract: 102.01 BG: 1 BG: 2 BG: 3 3000 3001 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 Tract: 103 Tract: 104 Tract: 105.05 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 BG: 3 3010 3011 Tract: 105.06 Tract: 105.07
3907
3908
JOURNAL OF THE HOUSE
BG: 1 BG: 2 BG: 4 Tract: 105.08 Tract: 105.09 Tract: 105.10 Tract: 105.11 Tract: 106 Tract: 107.03 Tract: 107.04 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 1061 1062 1063 1064 1065 1066 Tract: 107.05 Tract: 107.06 Tract: 109.01 BG: 1 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 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3074 3996 3997 3998 3999 BG: 4 4000 4001 4002 4003 4004 4005 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4999 Tract: 109.02 Tract: 11 Tract: 12 Tract: 13 Tract: 14 Tract: 15 Tract: 16 BG: 1 1008 1009 1010 1011 1012 1013 1014 1015 1016 BG: 2 2000 2001 2002 2003 2004 2005 2024 2025
WEDNESDAY, APRIL 10, 2002
BG: 5 BG: 6 6000 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 Tract: 2 BG: 2 2004 BG: 3 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 BG: 4 4019 4020 Tract: 4 Tract: 6 Tract: 7 Tract: 8 BG: 1 1017 1018 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 BG: 2 Tract: 9
District 023 Bulloch County
Tract: 9901 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 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3108 3110 3111 3991 3992 3993 3994 3995 3996 3997 3998 3999 Tract: 9902 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2025 2027 2028 2031 2033 2035 2036 2037 2038 2039 2040 2041
3909
3910
JOURNAL OF THE HOUSE
2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2053 2054 2055 2056 2057 2058 2059 2996 2997 2998 2999 BG: 3 BG: 6 Tract: 9903 BG: 1 1005 1006 1992 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2020 2021 2997 2998 2999 Tract: 9905 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 1046 1047 1048 1049 1050 1051 BG: 3 3006 3007 3008 3009 Tract: 9906 BG: 1 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 BG: 2 BG: 3 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 BG: 5 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5996
Burke County
Candler County
Columbia County Tract: 305.01 BG: 3 3042 3043 3044 3045 3046 3061 3062 3063 3064 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3081 3082 3083 3084 3085 3086 3087 3088 3089 BG: 9 9001 9002 9003 9999
WEDNESDAY, APRIL 10, 2002
Emanuel County Tract: 9801 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4018 4019 4020 4021 4022 4023 4024 4025 4996 4999 Tract: 9802 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2016 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 2063 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 2111 2112 2113 2114 2115 2116 2993 2998 2999 Tract: 9803 BG: 1 BG: 2 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 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2997 2998 2999 BG: 3 Tract: 9804 BG: 1 1055 1056 1057 1058 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 1994 1999 BG: 2 BG: 3 BG: 4 4001 4002 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4998 4999
3911
3912
JOURNAL OF THE HOUSE
Tract: 9806 BG: 1 BG: 2 2004 2005 2006 2007 2008 2009 2010 2011 2012 2023 2024 2025 2026 2029 2030 2034 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 3047 3048 3049 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3100 3101 3102 3105 3106 3107 3108 3109 3110 3111 3112 3113 3114 3115 3116 3117 3118 3119 3120 3121 3122 3123 3124 3125 3994 3995 3998 3999
Jefferson County
Richmond County Tract: 1 BG: 4 4009 BG: 5 5021 5022 5030 5031 5032 5033 5034 Tract: 10 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 BG: 2 2000 2001 2002 2003 2004 2006 BG: 3 3000 3001 3002 3003 Tract: 101.01 Tract: 101.02 BG: 1 BG: 4 Tract: 101.04 Tract: 101.05 Tract: 102.01 BG: 3 3002 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3999 Tract: 102.03 Tract: 102.04 Tract: 105.04
WEDNESDAY, APRIL 10, 2002
Tract: 105.05 BG: 2 2009 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 Tract: 105.07 BG: 3 Tract: 107.04 BG: 1 1060 Tract: 108 Tract: 109.01 BG: 3 3073 BG: 4 4006 4007 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 4073 4998 Tract: 16 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 BG: 2 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 BG: 3 BG: 4 BG: 6 6001 Tract: 2 BG: 1 BG: 2 2000 2001 2002 2003 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 BG: 3 3000 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4021 4022 4995 4996 4997 4998 4999
3913
3914
JOURNAL OF THE HOUSE
Tract: 3 Tract: 8 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1019 1020 1998 1999
District 024 Butts County
Tract: 1501 BG: 4 4034 4035 4036 4037 4040 4041 4042 4043 4044 4045 Tract: 1502 BG: 5 5037 5047 5048 5051 5052 5053 5054 5055 5066 5067 Tract: 1503.01 BG: 1 1071 1072 1073 BG: 2 Tract: 1503.02
Columbia County Tract: 301.01 Tract: 301.02 Tract: 302.01 Tract: 302.02 Tract: 302.03 Tract: 303.02 Tract: 303.03 Tract: 303.04 Tract: 303.05 Tract: 304 Tract: 305.01 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 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3065 3066 3080 3090 3091 3092 3093 3094 3095 BG: 9
WEDNESDAY, APRIL 10, 2002
9000 Tract: 305.02 Tract: 306.03
Glascock County
Jones County Tract: 301.01-2 BG: 1 1000 1001 1002 1003 1004 1005 BG: 2 Tract: 301.02-2 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 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 3999 BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 9008 9009 9010 9011 9012 9013 9014 9019 9020 9028 9029 9030 9031 9032 9033 9034 9035 9038 9039 9040 9041 9042 9045 9999 Tract: 302 BG: 1 1079 BG: 2 2034 2035 2041 2051 2052 2053 2054 2055 2056 2057 2058 2059 2061 2994 2995 2996 Tract: 303.01 BG: 1 1000 1001 1002 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 1999 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 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064
3915
3916
JOURNAL OF THE HOUSE
2065 2066 2067 2068 2069 2070 2071 2072 2073 2996 2997 2998 2999 Tract: 303.02-2 BG: 1 1005 1006 1007 1008 1009 1010 1011 1012 1998 BG: 2 2014 2015 2016 2017 2018 2019 2020 2021 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 2994 2995 2996 BG: 3
Lincoln County Tract: 9701 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 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 2080 2081 2085 2086 2087 2088 2091 2092 2093 2094 2095 2096 2097 2098 2995 2996 2998 2999 BG: 3 3005 3006 3007 3008 3018 3019 3020 3021 3022 3023 3024 3025 3026 3038 3039 3040 3041 3042 3043 3044 3045 3046 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4016 4018 4019 4020 4021 4022 4023 4027 4999 Tract: 9702 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 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2039 2040 2041 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 2088 2089 2091 2092 2093 2994 2995 2996 2997 2999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3012 3013 3022 3023 3024 3025 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 3054 3055 3056 3057 3058 3059 3060 3061
WEDNESDAY, APRIL 10, 2002
3062 3063 3064 3065 3066 3999
McDuffie County Tract: 9501 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 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 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 2111 2112 2113 2995 2996 2997 2998 2999 Tract: 9502 BG: 1 1000 1001 1002 1003 1004 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 BG: 3 3000 3001 3002 3003 3004 3006 3035 3036 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3999 Tract: 9503 BG: 2 2013 2047 2048 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 Tract: 9504 BG: 1 1013 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2023 2024 2025 2026 2027 2028 2029 2030 2031 2034 2035 2040 2041 2042 2043 2044 2045 2046 2047 BG: 3 BG: 4 4017 4018 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034
3917
3918
JOURNAL OF THE HOUSE
4035 4036 4037 4038 4039 4040 4044 4045 4046 4047 4048 4049 4050 BG: 5 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 5030 5999 Tract: 9505 BG: 1 BG: 2 2000 2001 2002 2003 2004 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2060 2061 2062 2992 2993 2994 2995 2999 BG: 3 BG: 4
Monroe County Tract: 501 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 1081 1996 1997 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2045 2046 2047 2048 2049 2050 2059 2060 2061 2062 2063 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 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 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3074 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3098 3099 3138 3990 3991 3992 3993 3994 3995 3996 3997 3998 3999 Tract: 503 BG: 1 1000 1001 1002 1003 1004 1120 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1996 1997 1998 1999 BG: 3 3000 3001 3002 3003 3004 3005 3023 3024 3025 3026 3027 3028
WEDNESDAY, APRIL 10, 2002
3029 3030 3031 3032 3033 3034 3035 3091 3092 3097 3099 3102 3103 3105 3106 3107 3999
Spalding County Tract: 1608 BG: 2 2065 2066 2067 2069 2070 2071 Tract: 1609 BG: 1 1000 1001 1002 1003 1004 1005 1006 1009 BG: 2 BG: 3 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 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 Tract: 1610 BG: 2 BG: 3 Tract: 1611 Tract: 1612 BG: 1 BG: 2 2000 2001 2014 2015 2023 BG: 3 3000 3008 3009 3027 3028 BG: 4 4000 4001 4019 4020 4021
Warren County Tract: 9704 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 3030 3031 3032 3033 3034 3035 3036 3047 3048 3049 3050 3051 3052 3091 3092 3093 3094 3095 3096 3097 3098 3099 3105 3106 3107 3108 3109 3110 3111 3112 3113 3114 3115 3116 3117 3118 3119 3120 3121 3122 3123 3124 3125 3126 3127 3128 3129 3130 3131 3132 3133 3134 3135 3136 3137 3138 3139 3140 3141 3142 3143 3144 3145 3146 3147 3148 3149 3150 3151 3993 3996 3997 3998 3999
Washington County
3919
3920
JOURNAL OF THE HOUSE
Tract: 9501 BG: 1 1000 1001 1002 1007 1008 1009 1010 1011 1012 1036 1037 1041 1042 1043 1101 1115 1996 1997 1998 1999 BG: 2 2000 2001 2002 2003 2004 2006 2007 2008 2009 2010 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2045 2046 2047 2048 2049 2050 2069 2070 2071 2072 2073 2075 2076 2077 2087 2088 2089 2090 2091 2092 2093 2094 2133 2134 2995
Wilkes County Tract: 9801 BG: 2 2036 2037 2044 2045 2046 2047 2048 2049 2050 2066 2067 Tract: 9803 BG: 1 1000 1001 1002 1003 1019 1020 1026 1027 1028 1029 1030 1043 BG: 3 3000 3001 3002 3003 3005 3006 3007 3008 3038 3039 3040 3041 BG: 5 5025 5026 BG: 6 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6022 6023 6024 6025 6026 6027 6028 6029 6030 6040 6041 6051 6052 6053 6054 6055 6056 6057 6058 6059 BG: 7 7006 7007 7008 7009 7010 7011 7012 7013 7014 7015 7016 7017 7022 7023 7024 7043 7044 7045 7046 7047 7048 7049 7050 7051 7052 7053 7054 7055 7072 7073 7084 7085 7086 7087 7088 7089 7090 7091 7092 7093 7094 7095 7096 7097 7098 7997 7998
Wilkinson County Tract: 9602-2 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1012 1014 1018 1019 1020 1021 1026 1091 1092 1093 1094 1095 1096 1097 1098 1099 1990 1991 1992 1993 1994 1995 1998 1999 Tract: 9603-2 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1041 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060
WEDNESDAY, APRIL 10, 2002
1072 1073 1074 1999 BG: 2 2002 2003 2004 2005 2016
District 025 Baldwin County
Greene County Tract: 9501 BG: 1 1038 1046 1048 1049 1050 BG: 2 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2038 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 2986 2987 2988 2989 2990 2991 2992 2993 2994 2995 2996 2998 2999 Tract: 9503 Tract: 9504 Tract: 9505
Hancock County
Jones County Tract: 302 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 1033 1035 1036 1037 1038 Tract: 303.02-2 BG: 1 1000 1001 1002 1003 1004 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2022 2023 2024 2025 2026 2027 2028 2029 2030 2058 2059 2060 2997 2998 2999
Morgan County
Newton County
3921
3922
JOURNAL OF THE HOUSE
Tract: 1001 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1051 1052 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1065 1066 1067 1068 1069 1070 1071 1072 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 2054 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 2096 2097 2098 2099 2100 2101 2102 2103 2105 2998 2999 Tract: 1002 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 1071 1072 1075 1077 1078 1079 1080 1995 1996 1997 1998 1999 BG: 2 2019 2021 2022 2023 2024 2025 2026 2027 2028 2029 2036 2037 Tract: 1003 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3020 Tract: 1004 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 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 BG: 2
WEDNESDAY, APRIL 10, 2002
BG: 3 Tract: 1005 BG: 1 1000 1001 1002 1003 1004 1005 1006 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1095 1096 1098 1102 1103 1104 1105 1106 1107 1108 1109 1110 1112 1999 Tract: 1006 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 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 1999 Tract: 1007 Tract: 1009 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2998 2999
Putnam County Tract: 9601 BG: 1 1056 1057 1126 1127 1128 1129 1130 1131 1132 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2051 2052 2053 2996 Tract: 9602 BG: 1 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 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 1996 1997 1998 BG: 2 BG: 3
3923
3924
JOURNAL OF THE HOUSE
BG: 4 BG: 5 BG: 6 BG: 7 Tract: 9603 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 2025 2026 2027 2045 2046 2047 2048 2050 2083 2084 2996
Walton County Tract: 1101 BG: 2 2011 2021 2054 2055 Tract: 1102 BG: 2 2065 2066 2067 2068 2069 2070 2071 BG: 3 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 Tract: 1103 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 3023 Tract: 1104 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 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 1997 1998 1999 BG: 2 Tract: 1106 BG: 1 1000 1035 1036 1037 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1997 1999 BG: 2 2020 2021 2022 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2049 2053 2054 2055 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 Tract: 1107 Tract: 1108 BG: 1
WEDNESDAY, APRIL 10, 2002
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 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 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 BG: 2 BG: 3
District 026 Bibb County
Tract: 101 Tract: 102 Tract: 103 Tract: 104 Tract: 105 Tract: 106 Tract: 107 Tract: 108 Tract: 110 Tract: 111 Tract: 112 Tract: 113 Tract: 114 Tract: 115 Tract: 117.01 Tract: 117.02 Tract: 118 Tract: 119 Tract: 120 Tract: 121 BG: 3 3000 3001 3002 3003 3004 3005 Tract: 122 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 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2998 2999
3925
3926
JOURNAL OF THE HOUSE
Tract: 123 Tract: 124 Tract: 125 Tract: 126 Tract: 127 Tract: 128 Tract: 129 Tract: 130 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 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 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 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2188 2189 2190 2191 2192 2193 2194 2195 2196 2197 2198 2199 2205 2206 2207 2208 2209 2210 2211 2212 2213 2214 2218 2223 2224 2225 2226 2227 2228 2229 2230 2231 2232 2233 2234 2992 2993 2994 2995 2996 2997 2998 2999 Tract: 131.01 Tract: 131.02 Tract: 132.01 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 1999 BG: 2 BG: 3 BG: 4 Tract: 132.02 Tract: 133.01
WEDNESDAY, APRIL 10, 2002
Tract: 133.02 Tract: 134.01 BG: 1 1036 Tract: 135.01 BG: 1 1000 1001 1002 1003 1004 1015 1016 1017 1018 1999 Tract: 136.01 BG: 2 2000 2002 2003 2004 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4014 4015 4016 4017 4035 4036 4037 4038 4039 4040 Tract: 136.02 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 BG: 5 5000 5001 5002 5003
Houston County Tract: 201.02 BG: 2 2000 2001 2002 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2998 2999 Tract: 202 BG: 1 1000 Tract: 203 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 BG: 5 Tract: 204 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2010 2011 2012
3927
3928
JOURNAL OF THE HOUSE
2013 2014 2015 2016 BG: 3 BG: 4 Tract: 206 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1996 1997 1998 1999 Tract: 207 Tract: 208 Tract: 211.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043
Jones County Tract: 301.01-2 BG: 1 1006 Tract: 301.02-2 BG: 3 3019 3020 BG: 9 9015 9016 9017 9018 9021 9022 9023 9024 9025 9026 9027 9036 9037 9043 9044 9046
Twiggs County
Wilkinson County Tract: 9602-2 BG: 1 1035 1036 1037 1038 1039 1040 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 1986 1987 1988 1989 BG: 2 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 BG: 3 Tract: 9603-2 BG: 4 4038 4039 4040 4061 4062 4063 4064 4065 4066 4067 4068 4069
WEDNESDAY, APRIL 10, 2002
4070 4071 4997 Tract: 9604 BG: 1 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1039 1040 1041 1042 1043 1044 1045 1046 1050 1051 1068 1069 1999 BG: 2 2002
District 027 Cherokee County
Tract: 905.01 Tract: 905.02 Tract: 906.01 BG: 3 3000 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3030 3031 3032 3038 3039 3089 3090 3091 3092 3093 Tract: 906.02 BG: 1 1000 1007 1008 1009 1010 1011 1014 1015 1016 1017 1018 1019 1020 1021 1022 1024 1025 1026 1027 1028 BG: 2 2000 2001 2002 2003 Tract: 908.01 BG: 4 4000 4001 4002 4003 4004 4005 4006 4009 4012 4013 4998 4999 BG: 5 BG: 6 6000 6001 6002 6003 6004 6005 6009 6010 6011 6012 6013 6014 BG: 7 7000 Tract: 908.02
Forsyth County Tract: 1302 BG: 2 2033 2034 2035 Tract: 1303 Tract: 1304.01 BG: 1 1004 1005 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017
3929
3930
JOURNAL OF THE HOUSE
1018 1019 1020 1021 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1997 1998 BG: 2 2005 2006 2007 2008 2009 2010 2013 2014 2018 2019 2020 2021 2022 2023 2024 2025 Tract: 1306 BG: 1 1009 1010 1011 1012 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 1101 1102 1103 1104 1112 1113 1114 1115 1116 1117 1118 1119 1120 BG: 2 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 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2088 2089 2090
Fulton County Tract: 114.10 BG: 1 BG: 5 5000 5001 5002 5003 5004 5005 5999 Tract: 114.13 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5008 BG: 8 Tract: 114.14 BG: 2 Tract: 114.15 Tract: 116.06 BG: 3 3004 3005 3006 3007 3008 3009 3010 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4017 4018 4019
WEDNESDAY, APRIL 10, 2002
BG: 9 9000 9001 9002 9003 9004 9005 9006 9011 9017 9018 9019 9020 9021 9022 9023 9024 9025 9026 9027 9028 9029 9030 9031 9032 9033 9034 9035 9036 9037 9038 9039 9040 9041 9042 9043 9044 9045 9046 9047 9048 9049 9050 9051 9052 9053 9054 9055 9056 9057 9058 9059 9060 9061 9062 9063 9064 9065 9066 9067 9068 9069 9070 Tract: 116.07 BG: 7 7000 7001 7002 7003 7004 7005 7006 7007 7008 7009 7010 7011 7012 7013 7014 7016 7017 7018 7019 7020 7021 7022 7023 7024 7025 7026 7027 7029 7033 7051 7052 Tract: 116.08 Tract: 116.09
District 028 Coweta County
Tract: 1701 BG: 1 1057 1058 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 2995 2996 2997 2998 2999 BG: 3 Tract: 1702 BG: 1 1016 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 BG: 3 3006 3007 3009 3010 3011 3020 3021 3022 3023 3024 BG: 4 BG: 5 Tract: 1703.01 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 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2998 2999
3931
3932
JOURNAL OF THE HOUSE
Tract: 1703.02 BG: 2 BG: 3 Tract: 1704.01 Tract: 1704.02 Tract: 1705 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 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3046 3047 3048 3999 BG: 4 BG: 5 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 5039 5040 5041 5042 5046 5047 5998 5999 Tract: 1706 BG: 1 1005 1006 1007 1008 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 1999 BG: 4 4042 4043 4044 BG: 6 Tract: 1707 BG: 1 1008 1009 BG: 2 2007 2008 2009 2010 2011 2012 2013 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 BG: 4 4000 4001 4002 4003 4004 Tract: 1708 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 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1054 1055 1056 1059 1060 1061 1064 1065 1066 1067 1068 1069 1070 1997 1998 1999
WEDNESDAY, APRIL 10, 2002
BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2014 2018 2024 2025 2027 2030 2031 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2997 2998 2999 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 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3054 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3999 BG: 4 4090 4091 4092
Fayette County Tract: 1402.03 BG: 1 1021 1022 1023 1024 1025 1026 1027 1028 1033 1034 1035 1036 1037 1038 1039 BG: 2 2010 2011 2012 2026 2027 2028 2029 Tract: 1402.05 Tract: 1402.06 BG: 1 1007 1008 1009 1010 1011 1012 1013 1018 1019 1020 1024 1025 1026 1027 1028 1029 1030 1999 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2998 2999 Tract: 1403.03 Tract: 1403.04 Tract: 1403.05 Tract: 1403.06 Tract: 1403.07 Tract: 1404.04 BG: 2 2030 2031 Tract: 1404.05 BG: 1 1000 1001 1002 1006 1007 1008 1010 1011 1012 1013 1999 BG: 2 2020
3933
3934
JOURNAL OF THE HOUSE
Tract: 1405.01 BG: 1 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1043 1044 1045 1046 1047 1996 Tract: 1405.02
Pike County Tract: 9801 BG: 1 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1061 1065 1066 1996 1997 BG: 2 2003 2004 2021 2022 2025 2026 2027 2028 2029 2030 2031 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 Tract: 9802
Spalding County Tract: 1601 BG: 2 2013 2015 2016 Tract: 1604 BG: 1 1016 1021 BG: 2 2002 2003 2004 2005 2006 2007 2008 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 2060 2063 2064 BG: 3 3011 3013 Tract: 1605 BG: 1 1013 1014 1015 1020 1021 1027 1028 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
WEDNESDAY, APRIL 10, 2002
2048 2049 2050 2051 2052 2053 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2996 2997 2998 2999 Tract: 1606 Tract: 1607 BG: 5 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5028 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5057 5058 5059 5060 5061 5062 5063 5064 5065 5066 5067 5068 5069 5070 5071 5072 5073 5074 5075 5076 5077 5078 5079 5080 5081 5082 5083 5084 5085 5086 5087 5088 5999 Tract: 1608 BG: 3 3002 3006 3007 3008 3053 3054 Tract: 1612 BG: 3 3017 3018 3019 3036 3037 3038 3039 3040 BG: 4 4010 4011 4012 4013 4014 4015 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 4058 4059 4060
Troup County Tract: 9601 BG: 2 2001 BG: 5 5000 5003 5004 5005 5006 5007 5008 5010 5011 5014 5015 5016 5019 5020 5021 5045 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5065 5066 5998 5999 Tract: 9602 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 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 2050 2051 2052 2062 2068 2987 2988 2989 2994 2995 2996 2997 2998 2999 Tract: 9603 BG: 1
3935
3936
JOURNAL OF THE HOUSE
BG: 2 2000 2001 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2050 2990 2991 2992 2993 2994 2995 2996 2997 2998 2999 BG: 3 Tract: 9604 BG: 1 1017 1024 1025 1026 1027 1028 1029 1030 1031 1991 1992 1993 1994 1995 1996 BG: 2 BG: 3 3002 3011 3012 3013 3014 3015 3016 BG: 4 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: 9605.02 BG: 1 1000 1001 1002 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 Tract: 9606 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1031 1032 1033 1034 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1058 Tract: 9607 BG: 3 3043 BG: 4 4019 4020 4021 4999 BG: 5 5000 5001 5002 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 Tract: 9609.01 BG: 2 2008 2009 2011 2012 BG: 3 3007 3008 3010 BG: 4 Tract: 9609.02 BG: 1
WEDNESDAY, APRIL 10, 2002
1016 1017 1036 1037 1038 1039 1040 1041 1043 1044 1045 1047 1048 1049 1050 1051 1052 1053 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 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 2996 2998 2999 BG: 3 Tract: 9610 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 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 BG: 2 2003 2004 BG: 3 3000 3030 3031 Tract: 9611
District 029 Butts County
Tract: 1501 BG: 1 1065 1067 1070 1071 BG: 2 2023 BG: 3 3022 3023 3027 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3998 BG: 4 4000 4001 4002 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 4028 4029 4030 4031 4032 4033 4038 4039 4046 4047 4999 Tract: 1502 BG: 1 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054
3937
3938
JOURNAL OF THE HOUSE
1055 1056 1057 1058 1059 1060 1999 BG: 2 BG: 3 BG: 4 BG: 5 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 5038 5039 5040 5041 5042 5043 5044 5045 5046 5049 5050 5056 5057 5058 5059 5060 5061 5062 5063 5064 5065 5068 5069 5070 5071 5072 5997 5998 5999 Tract: 1503.01 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
Carroll County Tract: 9909 BG: 1 1058 1059 1060 1061 1062 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 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 Tract: 9912 BG: 1 1024 1025 1026 1027 1028 1030 1031 1032 1033 BG: 2 2000 2049 BG: 3 3037 3038 3039 3040 3041 3042 3044 3045 3046 3047 3048 3049 BG: 4
Coweta County Tract: 1701 BG: 2 2000
WEDNESDAY, APRIL 10, 2002
Tract: 1702 BG: 3 3012 3013 3014 3015 3016 3017 3018 3019 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 Tract: 1703.02 BG: 1 Tract: 1705 BG: 3 3043 3044 3045 3049 3050 3051 3052 3053 3054 3055 3056 3998 BG: 5 5033 5034 5035 5036 5037 5038 5043 5044 5045 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5063 5064 5065 5066 5067 5068 5069 5070 5071 5072 5073 5074 5075 5076 5077 5078 5079 5080 5081 5082 5083 5084 5085 5086 5087 5088 5089 5090 5995 5996 5997 Tract: 1706 BG: 1 1000 1001 1002 1003 1004 1009 1010 BG: 2 BG: 3 BG: 4 4000 4001 4002 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 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4999 BG: 5 Tract: 1707 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1010 1011 1012 1013 1014 1015 1016 BG: 2 2000 2001 2002 2003 2004 2005 2006 2014 BG: 3 BG: 4 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 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 BG: 5 Tract: 1708 BG: 1 1031 1032 1033 1034 1035 1036 1037 1050 1051 1052 1053 1057 1058 1062 1063 1071 1072
3939
3940
JOURNAL OF THE HOUSE
BG: 2 2013 2015 2016 2017 2019 2020 2021 2022 2023 2026 2028 2029 2032 2033 2034 2035 2996 BG: 3 3053 3055 BG: 4 4000 4001 4002 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 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 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 4107 4108 4109 4110 4111 4112 4113
Harris County Tract: 9801.98 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 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 BG: 2 BG: 3 BG: 4 Tract: 9802 BG: 1 1093 1094 1095 1096 1097 1098 BG: 2 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 2033 2041 2042 2054 2055 2999 Tract: 9803 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
WEDNESDAY, APRIL 10, 2002
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 1109 1110 1111 1997 1998 1999 BG: 2 BG: 3 BG: 4 Tract: 9804 BG: 2 2025 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3012 3026 3027 3030 3042 3043 3044
Heard County
Henry County Tract: 704.01 BG: 2 2025 2026 2027 2029 2030 2031 2032 2033 2034 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 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 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
Jasper County Tract: 9902 BG: 1 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 Tract: 9903 BG: 1 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 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 1078 1079 1080 1081 1082 1083 1084 1100 1101 1102 1103 1998 1999
3941
3942
JOURNAL OF THE HOUSE
BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2016 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 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 BG: 3 3056 3057 3058 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3996 3997 BG: 4 Tract: 9904
Jones County Tract: 302 BG: 1 1028 1029 1030 1031 1032 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 1080 1081 1999 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 2036 2037 2038 2039 2040 2042 2043 2044 2045 2046 2047 2048 2049 2050 2060 2997 2998 2999 Tract: 303.01 BG: 1 1003 1004 BG: 2 2000 2001 2002 2003 2046
Meriwether County Tract: 9701 Tract: 9702 Tract: 9703 Tract: 9704 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 2023
WEDNESDAY, APRIL 10, 2002
2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2043 2044 2045 2046 2047 2048 2049 2050 2998 2999 BG: 3 Tract: 9706 BG: 2 2028 2029 2030 2092 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 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3997 3998 3999
Pike County Tract: 9801 BG: 1 1000 1001 1002 1003 1004 1005 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1059 1060 1062 1063 1064 1998 1999 BG: 2 2000 2001 2002 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2023 2024 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 2060 2061 2062 2063 2064 2065 2066 2067 2999 BG: 3 Tract: 9803 Tract: 9804 BG: 2 2000 2001 2006
Spalding County Tract: 1601 BG: 1 1090 Tract: 1602 Tract: 1603 BG: 1
3943
3944
JOURNAL OF THE HOUSE
1006 1007 1008 1009 1010 1999 BG: 2 Tract: 1604 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1017 1018 1019 1020 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 BG: 2 2000 2001 2009 2010 2011 2012 2061 2062 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3012 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 BG: 4 Tract: 1605 BG: 1 1003 1004 1006 1007 1008 1009 1010 1011 1012 1016 1017 1018 1019 1022 1023 1024 1025 1026 1029 1030 1031 BG: 2 2054 2055 2056 2057 2058 2075 Tract: 1607 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5024 5025 5026 5027 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5056 Tract: 1608 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 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 2064 2068 BG: 3 3000 3001 3003 3004 3005 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 Tract: 1609 BG: 1
WEDNESDAY, APRIL 10, 2002
1007 1008 1010 1011 1012 1013 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 3071 3072 3073 3074 Tract: 1610 BG: 1 Tract: 1612 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2016 2017 2018 2019 2020 2021 2022 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 BG: 3 3001 3002 3003 3004 3005 3006 3007 3010 3011 3012 3013 3014 3015 3016 3020 3021 3022 3023 3024 3025 3026 3029 3030 3031 3032 3033 3034 3035 BG: 4 4002 4003 4004 4005 4006 4007 4008 4009 4016 4017 4018 4022 4023 4024 4025 4026 4056 4057
Troup County Tract: 9601 BG: 1 BG: 2 2000 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 BG: 3 BG: 4 BG: 5 5001 5002 5009 5012 5013 5017 5018 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5046 5047 5062 5063 5064 5996 5997 Tract: 9602 BG: 2 2018 2019 2049 2053 2054 2055 2056 2057 2058 2059 2060 2061 2063 2064 2065 2066 2067 2069 2990 2991 2992 2993 Tract: 9603 BG: 2 2002 2003 2004 2021 2022 2023 2043 2044 2045 2046 2047 2048 2049 Tract: 9604
3945
3946
JOURNAL OF THE HOUSE
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 1997 1998 1999 BG: 3 3000 3001 3003 3004 3005 3006 3007 3008 3009 3010 BG: 4 4000 4001 4020 4021 4028 4029 4030 4031 4032 Tract: 9605.01 Tract: 9605.02 BG: 1 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 1094 1095 BG: 2 Tract: 9606 BG: 1 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1035 1036 1037 1038 1057 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 9607 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 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3044 3998 3999 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4022 4023 4024 BG: 5 5003 5004 Tract: 9608 Tract: 9609.01 BG: 1
WEDNESDAY, APRIL 10, 2002
BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2010 2013 2014 BG: 3 3000 3001 3002 3003 3004 3005 3006 3009 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 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1042 1046 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 BG: 2 2025 2026 2027 2028 2029 2997 Tract: 9610 BG: 1 1019 1020 BG: 2 2000 2001 2002 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 2996 2997 2998 2999 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 3025 3026 3027 3028 3029 BG: 4 BG: 5
District 030 Carroll County
Tract: 9901.01 Tract: 9901.02 Tract: 9902 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
3947
3948
JOURNAL OF THE HOUSE
2998 2999 BG: 3 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 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3998 3999 Tract: 9904 BG: 1 1000 1001 1002 1003 1004 1005 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1045 1999 BG: 3 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: 2 2016 2017 BG: 3 3002 3003 3005 3006 3007 3008 3009 3012 Tract: 9906 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1020 1039 1040 1050 1052 BG: 2 2000 2009 2010 2011 2012 2013 2014 2015 2016 2020 2021 2022 2023 2024 2025 2026 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 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 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011
WEDNESDAY, APRIL 10, 2002
3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3033 3050 3051 3052 3053 3996 3997 3998 3999 Tract: 9907.02 Tract: 9907.03 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 1045 1046 1056 1057 1058 1999 BG: 2 Tract: 9908 Tract: 9909 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 1063 1064 1065 1066 1996 1997 1998 1999 BG: 2 2000 2001 2002 2020 2059 Tract: 9910 BG: 1 1007 BG: 2 2000 2001 2002 2003 2004 2005 2006 2056 2057 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2997 BG: 3 3025 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 Tract: 9911 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1013 1014 1015 1016 1017 1018 1019 1020 1023 BG: 2 2055 BG: 3 3012 3013 3014 3016 3017 BG: 4 BG: 5 Tract: 9912
3949
3950
JOURNAL OF THE HOUSE
BG: 1 1000 1001 1002 1003 1004 1005 1006 1020 1021 1022 1023 1029 1034 1035
Coweta County Tract: 1701 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 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1996 1997 1998 1999 Tract: 1702 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1017 1046 1047 1048 1049 1050 1999 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3008 Tract: 1703.01 BG: 1 BG: 2 2030 2031 2032 2033 2034 2035 2036 2037 2051 2052 2053 2054 2055
Douglas County Tract: 802.01 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 BG: 2 2001 2015 2016 2017 2018 2019 2021 2022 2023 2024 2025 BG: 4 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 Tract: 802.02 BG: 5 5005 5006 5007 5008 5009 5010 Tract: 803.01 BG: 1 1000 1001 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036
WEDNESDAY, APRIL 10, 2002
1037 1038 1039 1040 Tract: 803.02 BG: 3 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 BG: 6 6013 6014 Tract: 804.01 BG: 1 1000 1001 1002 1003 1004 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1041 1044 1045 1046 1047 1999 BG: 3 3013 3014 3015 3016 3017 3018 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3036 3037 3038 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3068 3069 3070 3071 3072 3073 3074 3999 Tract: 804.02 Tract: 805.03 Tract: 805.04 Tract: 805.05 Tract: 805.06 BG: 3 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 BG: 4 Tract: 805.07 Tract: 806.01 BG: 1 BG: 2 2018 2019 BG: 3 3000 3001 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 3054 3055 3056 3057 3058 3059 3999
Paulding County Tract: 1202.01
3951
3952
JOURNAL OF THE HOUSE
BG: 1 1025 1026 1027 1028 1029 1030 BG: 2 2000 2001 2002 2003 2009 Tract: 1202.02 Tract: 1203 BG: 4 4000 4001 4002 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 4028 4029 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4048 4049 Tract: 1204 BG: 3 3000 3001 3002 3003 3004 3005 3016 3017 3018 3019 3020 3021 3022 3023 Tract: 1205 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 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 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2083 2084 2085 2086 BG: 3 BG: 4 BG: 5 5000 5001 5012 5013 5014 5015 5016 5017 5018 Tract: 1206 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3021 3022 3023 3024 3025 3026 3027 3028 3034 3036 3998 3999 BG: 4 BG: 5
District 031 Bartow County
Tract: 9601
WEDNESDAY, APRIL 10, 2002
BG: 3 3079 3080 3081 3083 3084 3085 Tract: 9604 BG: 1 1000 1001 1002 1003 1010 1011 1013 1014 1015 1016 1017 1018 1019 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 1059 1060 1061 1062 BG: 2 2006 2009 2010 2011 2013 2020 2021 2022 2023 2024 2025 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 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 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2999 BG: 5 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5027 5028 5029 5030 5031 5032 5033 5034 Tract: 9605 BG: 1 BG: 2 BG: 3 3000 3001 3022 3023 3024 3025 3026 3027 3028 3029 3030 BG: 4 4014 4015 4016 4017 4018 4019 4020 4022 4023 4024 4025 4026 4027 Tract: 9606 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 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 4028 4030 4031 4032 4033 4034 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
3953
3954
JOURNAL OF THE HOUSE
6024 6025 6026 6027 6028 6029 6030 6031 6032 6033 6034 6035 6036 6037 6038 6992 6993 6994 6995 6997 6998 6999 Tract: 9607 BG: 1 1023 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1990 1991 1992 1994 1995 1996 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 9608.03 BG: 3 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3069 3070 3071 3998 Tract: 9609 BG: 1 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1028 1029 1030 1031 1032 1034 1035 BG: 2 2000 2001 2002 2008 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2044 2049 2050 2051 2052 2994 2995 2997 2998 2999 BG: 3 3000 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3025 3026 3027 3029 3030 3031 3032 3033 3034 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3994 3995 3996 3997 3999 Tract: 9610 BG: 1 1064 1065 1066 1067 1068 1069 1071 1075 1077 1080 1081 1082 1083 1084 1085 1086 1087 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1991 1992 BG: 2 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2052 2053 2054 2055 2056 2057
Carroll County
WEDNESDAY, APRIL 10, 2002
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 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 BG: 2 2002 2003 2014 2015 2022 2023 2024 2025 2026 2027 2028 2035 2036 2037 2038 2039 2040 2041 2048 BG: 3 3000 3001 3002 3003 3004 Tract: 9904 BG: 1 1006 1019 1020 1021 1038 1039 1040 1041 1042 1043 1044 1046 1047 1048 1049 1050 1051 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3008 3012 3013 3019 3027 3998 Tract: 9905.01 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 BG: 3 3000 3001 3004 3010 3011 Tract: 9905.02 Tract: 9906 BG: 1 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1041 1042 1043 1044 1045 1046 1047 1048 1049 1051 1998 1999 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2017 2018 2019 BG: 3 3018 Tract: 9907.01
3955
3956
JOURNAL OF THE HOUSE
BG: 1 1011 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1025 1027 1029 1030 1031 1998 1999 BG: 3 3031 3032 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 Tract: 9907.03 BG: 1 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1047 1048 1049 1050 1051 1052 1053 1054 1055 Tract: 9910 BG: 1 1000 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1999 BG: 2 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 2058 2998 2999 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 3026 3027 3028 3029 3030 3031 3032 3999 Tract: 9911 BG: 1 1010 1011 1012 1021 1022 1024 1025 1026 1027 1028 1029 1030 1031 1032 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 2054 2056 2998 2999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3015 3018 3019 3020 Tract: 9912 BG: 1 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
WEDNESDAY, APRIL 10, 2002
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 2050 2051 2052 2999 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 3030 3031 3032 3033 3034 3035 3036 3043
Douglas County Tract: 804.01 BG: 1 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1038 1039 1040 1042 1043 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3019 3033 3034 3035 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3062 3063 3064 3065 3066 3067 3075 Tract: 805.06 BG: 3 3000
Haralson County
Paulding County Tract: 1201 BG: 1 BG: 2 2004 2005 2006 2007 2008 2014 2015 2016 2017 2018 2019 2999 BG: 4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4999 Tract: 1203 BG: 1 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 1067 1997 1998 BG: 2
3957
3958
JOURNAL OF THE HOUSE
BG: 3 BG: 4 4030 4031 4046 4047 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 Tract: 1204 BG: 1 BG: 2 BG: 3 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 BG: 4 Tract: 1205 BG: 2 2077 2078 2079 2080 2081 2082 2087 BG: 5 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 Tract: 1206 BG: 3 3016 3017 3018 3019 3020 3029 3030 3031 3032 3033 3035
Polk County
District 032 Cobb County
Tract: 303.12 BG: 1 BG: 2 2002 2003 2004 2005 2006 2007 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 BG: 4 4023 Tract: 303.13 BG: 3 3014 BG: 4 4006 4008 4011 4012 4013 4014 4015 4016 4017 Tract: 303.14 BG: 3 Tract: 303.18 Tract: 303.19 Tract: 303.20 Tract: 303.23
WEDNESDAY, APRIL 10, 2002
BG: 5 Tract: 303.27 Tract: 303.28 Tract: 303.29 Tract: 303.30 Tract: 303.31 Tract: 303.32 Tract: 303.33 Tract: 303.34 Tract: 303.35 Tract: 303.36 Tract: 303.37 Tract: 303.39 BG: 1 Tract: 304.01 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3007 3008 3009 3010 3014 3015 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 Tract: 304.02 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3014 3015 3016 3017 3018 3019 3020 3021 3022 BG: 4 Tract: 304.05 BG: 2 2022 2023 2024 2025 2029 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2045 2046 Tract: 305.01 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 2024 2025 2028 2030 2031 2034 2035 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4079 4080 4082 Tract: 305.02 BG: 1
3959
3960
JOURNAL OF THE HOUSE
BG: 2 2000 2001 2053 2054 2055 2056 2057 2058 2059 BG: 3 Tract: 305.04 BG: 2 2000 2001 2002 2003 2004 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3018 3019 3020 3021 3022 3023 3024 3025 Tract: 305.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1012 BG: 2 2000 2001 2002 2003 2004 2007 2008 2009 2010 2011 2012 2013 2014 2016 2017 2018 2019 2021 2022 2023 2024 Tract: 312.02 BG: 3 3000 3001 3002 3003 3004 3035 3036 3037 3999 BG: 5 5000 5001 5002 Tract: 312.03 BG: 1 1000 1001 1002 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1033 1034 1035 1036 1037 1038 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 2036 2998 2999 Tract: 312.04 BG: 2 2000 2001 2002 2003 2004 2005 2006 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2066 2067 2068 2997 2998 2999
Fulton County Tract: 100 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 BG: 4 4000 4001 4002 4003 4007
WEDNESDAY, APRIL 10, 2002
Tract: 101.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1012 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1034 1999 BG: 2 Tract: 101.10 BG: 2 2019 Tract: 102.04 BG: 3 BG: 5 5004 5005 5010 5011 5012 5013 5999 BG: 8 Tract: 102.05 BG: 4 4011 4012 4017 Tract: 102.06 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4997 4998 4999 BG: 5 BG: 6 Tract: 102.07 BG: 1 BG: 2 2000 2013 2014 BG: 3 3000 3001 3005 3010 3015 BG: 4 4002 4003 4004 4005 4006 4007 4008 4009 4011 4014 4015 4016 4017 4024 4996 4999 Tract: 97 BG: 1 1000 1001 1002 1004 1005 1008 1999 Tract: 98 BG: 1 BG: 2 BG: 3 3000 3007 Tract: 99 BG: 2
3961
3962
JOURNAL OF THE HOUSE
2004 2005 2006 2007 2008 2009 2010 BG: 3 3000 3001 3002 3003 3004 3005 3006
District 033 Cobb County
Tract: 306 BG: 1 1042 1044 1045 1046 1047 1048 1049 1057 1058 1059 1062 BG: 2 2000 2001 2002 2003 2004 2007 2030 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2059 2060 2061 2077 2078 2079 BG: 3 3000 3001 3002 3003 3004 3005 3006 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 BG: 4 4017 4019 4020 4024 4025 4026 4027 Tract: 307 BG: 1 1006 1007 1008 1009 1010 1011 1012 1014 1015 BG: 4 4000 4017 4018 4019 4020 4023 4024 4025 4026 4027 Tract: 308 BG: 3 3020 3021 3022 3032 3033 3034 3035 3036 3042 Tract: 309.01 BG: 2 2016 BG: 3 BG: 4 4006 Tract: 309.02 BG: 1 1009 1010 1011 1012 1019 1020 1021 1022 1023 1024 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2023 2024 2025 2026 2027 2028 2029 BG: 3 BG: 4 4001 4002 4003 4004 4005 4010 4011 4012 4013 4014
WEDNESDAY, APRIL 10, 2002
Tract: 309.04 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 Tract: 309.05 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 BG: 2 2003 2004 2005 2016 2017 BG: 3 Tract: 310.02 Tract: 310.04 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3011 3012 3013 Tract: 310.05 Tract: 311.06 BG: 4 4003 4004 4005 4006 4008 4009 BG: 5 Tract: 313.02 BG: 1 BG: 2 BG: 3 3000 3001 3005 3009 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 BG: 9 Tract: 313.06 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1020 1021 1022 1023 1024 1025 1026 BG: 2 Tract: 313.08 Tract: 313.09 Tract: 313.10 Tract: 313.11 BG: 1 BG: 2 BG: 3
3963
3964
JOURNAL OF THE HOUSE
3001 3002 3003 3004 3005 3006 Tract: 314.04 Tract: 314.05 Tract: 314.06 Tract: 314.07 Tract: 315.01 BG: 1 1010 1011 1012 1017 BG: 2 2009 2010 2011 2012 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 BG: 3 BG: 4 BG: 5 BG: 6 BG: 7 Tract: 315.03 Tract: 315.04 Tract: 315.05 BG: 1 1000 1001 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 BG: 2 BG: 3
Douglas County Tract: 801.01 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 1045 1048 1049 1050 1051 1055 BG: 2 BG: 3 3007 3008 3009 3014 3015
District 034 Clayton County
Tract: 401 Tract: 402.01 Tract: 402.02
WEDNESDAY, APRIL 10, 2002
BG: 1 BG: 9 9000 9005 9006 9007 9008 9035 9036 9997 9998 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 4000 4001 4002 4003 4004 4009 4010 Tract: 405.06 Tract: 405.09 Tract: 405.10 Tract: 405.11 Tract: 405.12 Tract: 405.13 Tract: 405.14 Tract: 405.15 Tract: 405.16 Tract: 405.17 Tract: 405.18 Tract: 406.07 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1025 1998 1999 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 BG: 3 3010 3011 3012 3013 3022 3023 3024 3025 3026 3027 3028 Tract: 406.08 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 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1994 1995 1996 1997 1998 1999
3965
3966
JOURNAL OF THE HOUSE
Tract: 406.12 BG: 2 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2024 2033 2998 2999 BG: 3 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027
Fayette County Tract: 1401.01 Tract: 1401.02 Tract: 1402.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1029 1030 1031 1032 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2030 2031 Tract: 1402.04 Tract: 1402.06 BG: 1 1000 1001 1002 1003 1004 1005 1006 1014 1015 1016 1017 1021 1022 1023 BG: 2 2000 2001 Tract: 1404.03 Tract: 1404.04 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 2023 2024 2025 2026 2027 2028 2029 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2997 2998 2999 Tract: 1404.05 BG: 1 1003 1004 1005 1009 BG: 2 2000 2001 2002 2003 2004 2005 2006 2008 Tract: 1404.06 Tract: 1404.07 Tract: 1404.08
WEDNESDAY, APRIL 10, 2002
BG: 2 2000 2001 2002 2003 2004
District 035 Douglas County
Tract: 801.01 BG: 1 1044 1046 1047 1052 1053 1054 1056 1057 1058 1059 BG: 3 3000 3001 3002 3003 3004 3005 3006 3010 3011 3012 3013 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 BG: 4 Tract: 802.01 BG: 1 1000 BG: 2 2000 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2020 2026 2027 2028 2029 BG: 4 4000 4001 4002 4003 4004 4005 4006 Tract: 802.02 BG: 3 BG: 5 5000 5001 5002 5003 5004 5011 5012 BG: 6 Tract: 803.01 BG: 1 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 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1999 BG: 2 Tract: 803.02 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 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 BG: 5 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037
3967
3968
JOURNAL OF THE HOUSE
5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 BG: 6 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 Tract: 806.01 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2020 2021 2022 2023 2024 2999 BG: 3 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 BG: 4 BG: 6 Tract: 806.02
Fulton County Tract: 103.01 Tract: 103.03 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 1034 1035 1036 1037 1038 1039 1040 1041 1042 1996 1997 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2040 2044 2045 2046 2047 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2997 Tract: 103.04 BG: 4 BG: 5 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 Tract: 104 Tract: 105.07 Tract: 105.08 Tract: 105.09 Tract: 105.10 Tract: 105.11 Tract: 105.12 Tract: 105.13
WEDNESDAY, APRIL 10, 2002
Tract: 105.14 Tract: 106.01 Tract: 106.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 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 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2014 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2999 Tract: 106.04 Tract: 107 Tract: 108 Tract: 109 Tract: 110 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1011 1012 1013 1014 1015 BG: 2 BG: 3 BG: 5 Tract: 111 BG: 3 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3033 3034 3035 3036 3037 3038 3039 3040 3041 Tract: 112.02 BG: 1 1009 1010 1016 1017 1028 1029 1038 BG: 4 4008 4009 Tract: 113.03 BG: 3 3011 3012 Tract: 113.04 BG: 1 1005 1006 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
3969
3970
JOURNAL OF THE HOUSE
1069 1070 1999 Tract: 73 BG: 2 2017 Tract: 77.02 BG: 3 3020 BG: 4 4008 4011 4012 4013 4014 4997 Tract: 78.02 BG: 1 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1022 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 BG: 2 Tract: 78.05 BG: 2 2032 2037
District 036 Fulton County
Tract: 1 Tract: 11 BG: 1 1016 Tract: 110 BG: 1 1010 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
WEDNESDAY, APRIL 10, 2002
Tract: 21 Tract: 22 BG: 1 1000 1001 1008 1009 1010 1011 1012 1013 1014 BG: 2 2000 2001 2002 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Tract: 26 BG: 1 1000 Tract: 27 Tract: 28 Tract: 29 Tract: 30 Tract: 31 Tract: 32 Tract: 33 Tract: 35 Tract: 4 BG: 1 1000 1001 Tract: 44 Tract: 46 Tract: 48 Tract: 49 Tract: 5 BG: 2 2000 2001 Tract: 50 Tract: 52 Tract: 53 Tract: 55.01 Tract: 55.02 Tract: 56 Tract: 57 Tract: 58 Tract: 62 BG: 1 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 BG: 3 Tract: 63 Tract: 64 Tract: 65
3971
3972
JOURNAL OF THE HOUSE
Tract: 66.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1013 1015 1016 1017 BG: 3 3000 3001 3007 3008 3009 3010 3011 3012 BG: 5 5000 5001 5002 5007 Tract: 66.02 Tract: 67 Tract: 68.01 Tract: 68.02 Tract: 69 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 2006 2007 2008 2009 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: 92 BG: 1 BG: 2 Tract: 94.01 BG: 1 1006 1009 1010 1011 BG: 2 Tract: 94.02
WEDNESDAY, APRIL 10, 2002
District 037 Bartow County
Tract: 9606 BG: 6 6996 Tract: 9607 BG: 1 1050 1993 1997 Tract: 9608.02 BG: 2 2996 2997 Tract: 9608.03 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 1059 1060 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 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 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1999 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 2030 2031 2999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 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 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3072 3997 3999
Cobb County Tract: 301.01 Tract: 301.02 BG: 1 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
3973
3974
JOURNAL OF THE HOUSE
1052 1053 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1999 BG: 2 Tract: 301.03 Tract: 302.05 BG: 1 1033 1034 1035 1036 1037 1038 1039 1040 1041 1046 1047 1048 1049 1050 1051 1052 1055 1056 1057 1058 1059 1060 1061 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 1998 Tract: 302.08 Tract: 302.09 Tract: 302.10 Tract: 302.11 BG: 1 1003 1004 1005 1006 1007 1008 1009 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 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 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 Tract: 302.13 Tract: 302.14 Tract: 302.15 Tract: 302.16 Tract: 302.17 Tract: 305.01 BG: 4 4051 4059 4060 4061 4063 4065 4068 4069 4070 4071 4072 4073 4074 4075 Tract: 306 BG: 1
WEDNESDAY, APRIL 10, 2002
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 1043 1050 1051 1052 1053 1054 1055 1056 1060 1061 1063 BG: 2 2005 2006 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2031 BG: 3 3007 3008 3009 3010 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4018 4021 4022 4023 4028 BG: 5 5006 5007 5008 5009 5010 5011 5012 5013 5014 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 5054 5055 Tract: 309.01 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2998 2999 BG: 4 4000 4001 4002 4003 4004 4005 4007 4008 4009 4010 4011 4012 4013 4014 4015 Tract: 309.02 BG: 4 4006 4007 4008 4009 Tract: 309.04 BG: 4 4012 Tract: 309.05 BG: 1 1000 BG: 2 2000 2001 2002 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Tract: 315.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1013 1014 1015 1016 1018 1019
3975
3976
JOURNAL OF THE HOUSE
BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2013 2014 2015 2016 2017 2018 2019 2020 2021 2033 2034 2999 Tract: 315.05 BG: 1 1002 1003 1004 1005 1006
Paulding County Tract: 1201 BG: 2 2000 2001 2002 2003 2009 2010 2011 2012 2013 BG: 3 BG: 4 4000 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 4073 4074 4075 4076 4089 4090 Tract: 1202.01 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 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 BG: 2 2004 2005 2006 2007 2008 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2998 2999 Tract: 1203 BG: 1 1000 1001 1058 1059 1060 1061 1062 1063 1064 1065 1066 1999
District 038 Cobb County
Tract: 313.11 BG: 3 3000 3007 3999
Fulton County Tract: 100 BG: 2 2019 2020 BG: 3
WEDNESDAY, APRIL 10, 2002
3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3023 3998 3999 Tract: 101.01 BG: 1 1010 1011 1013 1014 1015 1031 1032 1033 1035 1036 Tract: 102.06 BG: 4 4023 Tract: 102.07 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 BG: 3 3002 3003 3004 3006 3007 3008 3009 3011 3012 3013 3014 BG: 4 4000 4001 4010 4012 4013 4018 4019 4020 4021 4022 4023 4025 4026 4997 4998 Tract: 103.03 BG: 1 1028 1029 1030 1031 1032 1033 BG: 2 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 2041 2042 2043 2048 2049 2995 2996 2998 2999 Tract: 103.04 BG: 5 5000 5001 5002 Tract: 24 BG: 1 1009 BG: 4 Tract: 40 BG: 1 BG: 2 2001 2002 2003 2004 2005 2006 2007 BG: 3 Tract: 77.01 Tract: 77.02 BG: 2 2001 2002 2018 2019 2020 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
3977
3978
JOURNAL OF THE HOUSE
3025 3026 3027 3028 3029 3030 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4009 4010 4015 4998 4999 Tract: 78.02 BG: 1 1000 1001 1002 1017 1018 1019 1020 1021 1023 1024 1025 1026 BG: 3 Tract: 78.05 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 2023 2024 2025 2026 2027 2028 2029 2030 2031 2033 2034 2035 2036 2038 2039 2040 2999 Tract: 78.06 Tract: 78.07 Tract: 78.08 Tract: 79 Tract: 80 BG: 4 4000 4001 4006 4007 BG: 6 Tract: 81.01 Tract: 81.02 Tract: 82.01 Tract: 82.02 Tract: 83.01 Tract: 83.02 Tract: 84 Tract: 85 BG: 3 3009 Tract: 86.01 Tract: 86.02 Tract: 87.02 Tract: 88 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 1047 1049 1999 BG: 3
WEDNESDAY, APRIL 10, 2002
Tract: 89.01 Tract: 89.02 BG: 1 1033 1034 1035 1036 1037 1038 BG: 3 BG: 4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 Tract: 90 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3017 Tract: 91 BG: 2 2003 2004 2005 2006 2007 2008 2009 BG: 4 Tract: 95 Tract: 96 BG: 2 2001 2008 2009 2010 2011 2012 2013 2014 2015 2016 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 BG: 5 5001 5002 5003 BG: 8 Tract: 97 BG: 1 1003 1006 1007 1009 1010 BG: 2 BG: 3 Tract: 98 BG: 3 3001 3002 3003 3004 3005 3006 3008 BG: 4 Tract: 99 BG: 1 BG: 2 2000 2001 2002 2003 BG: 3 3007 3008 3009 3010 3011
3979
3980
JOURNAL OF THE HOUSE
District 039 Fulton County
Tract: 10 Tract: 100 BG: 1 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2021 2022 2023 2024 2025 2026 2027 BG: 3 3000 3001 3022 3024 3025 BG: 4 4004 4005 4006 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 Tract: 106.03 BG: 1 1016 1017 1018 1997 BG: 2 2012 2013 2015 2016 Tract: 11 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1017 1018 Tract: 111 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3025 3026 3027 3028 3029 3030 3031 3032 Tract: 112.01 Tract: 112.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1011 1012 1013 1014 1015 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1030 1031 1032 1033 1034 1035 1036 1037 1039 1040 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4010 4011 4012 4013 4014 4015
WEDNESDAY, APRIL 10, 2002
BG: 5 BG: 6 BG: 7 BG: 8 Tract: 113.01 Tract: 113.03 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3013 3014 3015 3016 3017 3018 3019 BG: 4 Tract: 113.04 BG: 1 1000 1001 1002 1003 1004 1007 1008 1009 1010 Tract: 12 Tract: 2 BG: 1 1004 1005 1006 1007 1008 1009 Tract: 22 BG: 1 1002 1003 1004 1005 1006 1007 1015 1016 1017 1018 1019 1020 1021 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2026 2027 2028 2029 2030 2031 Tract: 23 Tract: 24 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1010 1011 1012 1013 1014 1015 1016 Tract: 25 Tract: 26 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 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 Tract: 36 Tract: 37 Tract: 38 Tract: 39
3981
3982
JOURNAL OF THE HOUSE
Tract: 4 BG: 1 1002 1003 1004 1005 1006 1007 BG: 2 Tract: 40 BG: 2 2000 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Tract: 41 Tract: 42 Tract: 43 Tract: 5 BG: 1 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Tract: 6 Tract: 60 Tract: 61 Tract: 62 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 Tract: 66.01 BG: 1 1011 1012 1014 BG: 3 3002 3003 3004 3005 3006 3013 BG: 5 5003 5004 5005 5006 5008 5009 5010 Tract: 7 Tract: 74 BG: 2 2003 Tract: 75 BG: 2 2004 2005 2011 2012 BG: 3 3012 BG: 5 5005 Tract: 76.01 Tract: 76.02 Tract: 77.02
WEDNESDAY, APRIL 10, 2002
BG: 1 BG: 2 2000 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2021 2999 Tract: 8 Tract: 80 BG: 1 BG: 2 BG: 3 BG: 4 4002 4003 4004 4005 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 Tract: 85 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 BG: 4 Tract: 87.01 Tract: 88 BG: 1 1045 1046 1048 1050 Tract: 89.02 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 1039 BG: 4 4000 4018 4019 4020 4021 Tract: 90 BG: 3 3016 Tract: 91 BG: 1 BG: 2 2000 2001 2002 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Tract: 92 BG: 3 Tract: 93 Tract: 94.01
3983
3984
JOURNAL OF THE HOUSE
BG: 1 1000 1001 1002 1003 1004 1005 1007 1008 BG: 3 Tract: 96 BG: 1 BG: 2 2000 2002 2003 2004 2005 2006 2007 2017 2018 2019 2020 2021 2022 2023 BG: 4 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 BG: 5 5000 5004 5005 5006 5007
District 040 DeKalb County
Tract: 205 Tract: 206 Tract: 207 BG: 1 BG: 2 2000 2001 2002 2003 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Tract: 208.01 Tract: 208.02 Tract: 209 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2010 2011 BG: 3 3001 3002 3003 3004 3005 3006 Tract: 212.02 BG: 1 1000 Tract: 212.10 BG: 3 3000 3001 3008 3009 3010 3011 3012 3013 Tract: 212.11 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 1025 1026 1027 1028 1029 1038 1999 Tract: 212.12
WEDNESDAY, APRIL 10, 2002
BG: 2 2019 2020 2021 2022 2031 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 Tract: 212.13 BG: 1 Tract: 212.14 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1009 1010 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 Tract: 213.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 Tract: 213.02 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2015 2016 2017 2018 2019 2020 2021 BG: 3 3015 3016 BG: 4 Tract: 213.03 Tract: 213.04 Tract: 214.04 BG: 2 2012 Tract: 216.01 Tract: 216.02 BG: 1 1000 1001 1002 1003 1004 1006 1007 1017 1018 Tract: 217.03 BG: 1 1012 1013 1014 1015 1016 1018 1019 1020 1021 1022 1030 1999 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4024 4999 Tract: 217.04 BG: 3 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 Tract: 217.05 Tract: 217.06
3985
3986
JOURNAL OF THE HOUSE
Tract: 218.08 Tract: 218.09 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3024 3999 Tract: 218.10 BG: 1 BG: 2 BG: 4 Tract: 218.11 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2014 Tract: 218.12 Tract: 221 BG: 1 1003 BG: 2 2038 Tract: 222 BG: 3 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4035 Tract: 223.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1022 BG: 2 2000 2001 2002 2003 2004 2006 BG: 3 3000 3001 3002 3003 3004 3010 3011 Tract: 223.02 BG: 1 BG: 2 BG: 3 3000 3001 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 Tract: 226 BG: 3 3013 Tract: 227
WEDNESDAY, APRIL 10, 2002
BG: 3 3025 Tract: 229 Tract: 230 BG: 1 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1044 1045 Tract: 231.01 Tract: 235.01 Tract: 235.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 BG: 2 2000 2001 2002 2003 2004 2005 2006 2009 2010 Tract: 235.06 BG: 2 2003 2004 2005 2014 2015 2016 2017 2018 2019 2020 2021 2022 BG: 3 3005 3006 3007 3008 3009 3010 3011 3020 3021 Tract: 236.01 BG: 3 3001 3002 3003 3007 3010 3011 3012 3013 BG: 4 Tract: 236.02 BG: 2 2000 2001 2002 2003 2004 2005 2006 2010 2011 2012
Fulton County Tract: 101.06 BG: 1 1004 1005 1009 1010 1011 1995 BG: 3 Tract: 101.07 BG: 1 1006 Tract: 101.08 BG: 1 BG: 2 2011 2012 2013 2016 2017 2018 2019 2020 Tract: 101.09 BG: 8 8000 8001 8002 8003 Tract: 101.11
3987
3988
JOURNAL OF THE HOUSE
Tract: 101.12 Tract: 114.04 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2019 BG: 6 6006 6007 6008 6009 6013 6014 6016 6017 6021 6022 6023 Tract: 114.05 BG: 1 1000 1028 1029 1999 BG: 7 7000 Tract: 114.11 BG: 1 1014 BG: 6 6005 6006 6010
Gwinnett County Tract: 503.15 BG: 5 BG: 8
District 041 DeKalb County
Tract: 217.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1017 1023 1024 1025 1026 1027 1028 1029 BG: 4 4020 4021 4022 4023 4025 Tract: 217.04 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3023 3024 3025 BG: 9 Tract: 218.05 Tract: 218.06 Tract: 218.09 BG: 1 BG: 2
WEDNESDAY, APRIL 10, 2002
BG: 3 3022 3023 BG: 4 Tract: 218.10 BG: 3 Tract: 219.02 Tract: 219.04 Tract: 219.06 Tract: 219.07 Tract: 219.08 Tract: 219.09 BG: 1 1000 1001 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1999 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3999 Tract: 220.01 Tract: 220.04 BG: 1 BG: 2 2000 2001 Tract: 220.06 BG: 1 1000 1001 1002 1003 1004 1005 BG: 2 2000 2001 2002 2003 2004 2005 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3013 3014 3015 3016 3017 3020 3023 3024 3025 3028 3999 Tract: 220.07 BG: 1 1006 1007 BG: 2 2016 2017 Tract: 220.08 BG: 1 1014 Tract: 221 BG: 1 1000 1001 1002 1004 1005 1006 1007 1008 1009 1010 1011 1012
3989
3990
JOURNAL OF THE HOUSE
1013 1014 1015 1016 1017 1018 1019 1020 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 2039 2040 2041 2042 2043 2044 2045 Tract: 222 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 BG: 4 4021 Tract: 223.02 BG: 3 3002 Tract: 230 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 Tract: 231.02 Tract: 231.05 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2017 2018 2019 2020 2021 Tract: 231.06 BG: 4 Tract: 231.07 Tract: 231.08 BG: 1 1002 1003 1004 1005 1006 BG: 2 BG: 3
Gwinnett County Tract: 504.03 Tract: 504.10 BG: 1 BG: 4 4000 4004 4005 4006 4007 4008 4009 BG: 5
WEDNESDAY, APRIL 10, 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: 504.15 BG: 1 1003 BG: 2 2009 Tract: 504.23 BG: 1 Tract: 504.25 BG: 1 BG: 2 BG: 3 3012 3013 3014 3015 3016 3017 3018 3019 3020 Tract: 504.26 Tract: 504.28 BG: 5 5000 5001 5007 BG: 7 Tract: 504.29 BG: 1 1005 1006 1007 1008 1009 1010 1011 1012 1013 BG: 4 Tract: 504.30
District 042 DeKalb County
Tract: 201 Tract: 202 Tract: 203 Tract: 204 Tract: 207 BG: 2 2004 Tract: 211 Tract: 212.02
3991
3992
JOURNAL OF THE HOUSE
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 BG: 2 BG: 3 Tract: 212.04 Tract: 212.07 Tract: 212.08 Tract: 212.09 Tract: 212.10 BG: 3 3002 3003 3004 3005 3006 3007 3014 3015 3016 3017 3018 3019 3020 3021 BG: 4 Tract: 212.11 BG: 1 1024 1030 1031 1032 1033 1034 1035 1036 1037 1997 1998 Tract: 212.12 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2023 2024 2025 2026 2027 2028 2029 2030 2032 2044 2045 2046 Tract: 212.13 BG: 2 Tract: 212.14 BG: 1 1008 BG: 3 3006 3007 3008 3009 3010 Tract: 213.01 BG: 1 1007 1012 1013 1014 1015 1028 Tract: 213.02 BG: 2 2014 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3017 3018 3019 3020 3021 3022 Tract: 214.01 Tract: 214.03 Tract: 214.04 BG: 1 BG: 2
WEDNESDAY, APRIL 10, 2002
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Tract: 214.05 Tract: 214.06 Tract: 215.01 Tract: 215.02 Tract: 216.02 BG: 1 1005 1008 1009 1010 1011 1012 1013 1014 1015 1016 BG: 2 Tract: 216.03 Tract: 222 BG: 4 4034 4036 Tract: 223.01 BG: 1 1020 1021 1023 1024 1025 BG: 2 2005 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 BG: 3 3005 3006 3007 3008 3009 3012 3013 3014 3015 BG: 4 Tract: 224.01 Tract: 224.02 Tract: 224.03 Tract: 225 Tract: 226 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 BG: 4 Tract: 227 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 3026 3027 3028 3029 BG: 4
3993
3994 Tract: 228
JOURNAL OF THE HOUSE
District 043 DeKalb County
Tract: 231.08 BG: 1 1000 1001 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 Tract: 232.03 Tract: 232.06 BG: 4 4009 4010 4011 4012 Tract: 232.11 BG: 2 Tract: 232.12 Tract: 233.03 BG: 1 1020 1021 1022 1023 1024 BG: 2 BG: 3 BG: 4 4010 4011 4012 4014 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4999 Tract: 233.06 BG: 2 2009 2010 2015 Tract: 233.07 BG: 1 BG: 2 BG: 5 Tract: 233.09 Tract: 233.10 Tract: 234.05 BG: 4 4999 Tract: 234.12 BG: 2 2010 2011 Tract: 234.13 BG: 1 1000 1001 1006 1007 1008 1009 1010 1011 1012 1013
WEDNESDAY, APRIL 10, 2002
BG: 2 Tract: 234.14 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1015 BG: 2 BG: 3 Tract: 234.15 BG: 1 1000 1001 1002 1003 1004 1005 1006 1015 1016 1017 1018 1019 1020 1021 1022 1997 1999 BG: 2 BG: 3 Tract: 234.16 Tract: 234.17 Tract: 234.18 Tract: 235.06 BG: 2 2000 2001 2002 2006 2007 2008 2009 2010 2013 BG: 3 3000 3001 3002 3003 3004 3012 3013 3014 3015 3016 3017 3018 3019 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4013 Tract: 235.07 BG: 1 BG: 2 2002
Rockdale County Tract: 601.01 Tract: 601.02 Tract: 602.01 Tract: 602.02 Tract: 603.04 Tract: 603.05 Tract: 603.06 Tract: 603.07 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 3030 3031 3032 3033 3034 3036
3995
3996
JOURNAL OF THE HOUSE
3037 3038 3039 3040 Tract: 603.08 Tract: 603.09 Tract: 604.03 BG: 1 1000 1001 1002 1003 1004 1005 1009 1010 1011 1012 1013 1014 1015 1016 BG: 2 BG: 3 Tract: 604.05 BG: 1 1005 1006 1007 1008 BG: 3
District 044 Clayton County
Tract: 402.02 BG: 9 9001 9002 9003 9004 9009 9010 9011 9012 9013 9014 9015 9016 9017 9018 9019 9020 9021 9022 9023 9024 9025 9026 9027 9028 9029 9030 9031 9032 9033 9034 9999 Tract: 403.01 Tract: 403.02 Tract: 403.03 Tract: 403.04 Tract: 403.05 Tract: 404.05 Tract: 404.06 Tract: 404.07 Tract: 404.08 Tract: 404.09 Tract: 404.10 Tract: 404.11 Tract: 404.12 Tract: 404.13 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
WEDNESDAY, APRIL 10, 2002
4005 4006 4007 4008 4011 4012 4013 4014 4015 4016 4017 Tract: 406.06 Tract: 406.07 BG: 1 1000 1023 1024 BG: 2 2000 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3014 3015 3016 3017 3018 3019 3020 3021 Tract: 406.08 BG: 1 1000 1055 1056 1057 Tract: 406.09 Tract: 406.10 Tract: 406.11 Tract: 406.12 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2023 2025 2026 2027 2028 2029 2030 2031 2032 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 BG: 4 Tract: 406.13 Tract: 406.14
Henry County Tract: 701.04 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 1043 1044 1045 1047 1048 1057 1058 1059 1060 1061 1062 1063 1064 1997 1998 1999 BG: 2 2000 2001 2003 2004 Tract: 701.05 BG: 1 1000 1001 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
3997
3998
JOURNAL OF THE HOUSE
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 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 BG: 2 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2026 2028 2029 2030 BG: 3 Tract: 701.06 BG: 1 1005 1006 1007 1010 1012 1013 1014 1015 1016 1017 1018 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 BG: 2 2011 2012 2021 2022 2023 2024 2999 Tract: 702.01 BG: 2 2003 2004 2005 2006 2007 2014 2015 2016 2017 2018 2019 2020 2023 2024 2025 2026 2027 2028 2029 Tract: 703.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1014 1015 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1043 1044 1045 1046 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1073 1074 Tract: 703.05 BG: 1 1000
District 045 Barrow County
Tract: 1801.01 Tract: 1801.02 Tract: 1802.01 BG: 3
WEDNESDAY, APRIL 10, 2002
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 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 BG: 4 4000 4001 4002 4003 4014 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4048 4049 BG: 5 Tract: 1802.02 BG: 1 1015 1016 1017 1027 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 2044 2045 2046 2050 2051 2057 2058 2059 2060 2061 2062 2998 Tract: 1803 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 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 2055 2056 2057 2058 2059 2060 2061 2062 2063 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2083 2084 2085 2998 2999 Tract: 1804 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1039 1040 1087 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 BG: 2 2015 2016 2017 2018 2019 2020 2021 2024 Tract: 1805 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1027 1028 1029 1030 1031 1032 1033 1998 BG: 2 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026
3999
4000
JOURNAL OF THE HOUSE
2037 2038 2039 2040 2043 2044 2045 2046 BG: 3 3037
Forsyth County Tract: 1301 BG: 1 1015 1042 1043 1044 1045 1046 1049 1050 1051 1053 1054 1055 1056 1057 1058 1059 1060 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 1099 1109 1110 1111 1112 1998 BG: 2 BG: 3 Tract: 1305.01 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 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 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3999
Gwinnett County Tract: 501.05 BG: 2 Tract: 501.06 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 6032 6033 6034 6035 6047 6048 6049 6050 6051 6052 6053 6054 6055 6056 6057 BG: 7 Tract: 502.02 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 1032 1033 1034 1035 1065 1066 1069 1070
WEDNESDAY, APRIL 10, 2002
1071 1072 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 1999 Tract: 505.09 BG: 3 3008 3009 BG: 4 4000 4001 4002 4014 4015 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 Tract: 506.02 BG: 3 3000 3001 3002 3027 3028 3029 3030 BG: 4 4000 4001 4002 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 4028 4042 4043 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 4073 4074 4075 4076 4077 4078 4079 4080 4084 4085 4086 4087 4088 4093 4094 4095 BG: 5 Tract: 506.03 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 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 Tract: 507.04 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 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 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086
4001
4002
JOURNAL OF THE HOUSE
1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1999 BG: 2 Tract: 507.20 BG: 1 1999 Tract: 507.21 BG: 6 6002 6003 6017 6018 6019 BG: 7 BG: 8 8000 8001 8003 8004 8005 8006 8007 8008 8009 8010 8011 8012 8013 8014 8015 8016 8017 8018 8019 8020 8021 8022 8023 8024 8027 8028 8030 8031 8032 8034 8035 8036 8037 8038
Hall County Tract: 15 BG: 3 BG: 4 Tract: 16.01 BG: 1 1000 1001 1002 1012 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1998 1999 BG: 2 Tract: 16.02 Tract: 16.03 BG: 1 1009 1010 1011 1012 1013 1014 1015 1022 1023 1024 1025 1031 1032 1033 1034 1035 1036
Walton County Tract: 1101 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 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 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2056 2057 2058 2059 2060 2998 2999 Tract: 1102 BG: 1 BG: 2
WEDNESDAY, APRIL 10, 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 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2072 2073 2998 2999 BG: 3 3000 3001 3002 3003 3004 3005 Tract: 1103 BG: 3 3022 Tract: 1104 BG: 1 1009 1010 1011 1012 1013 1014 1996 Tract: 1105.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1064 1065 1066 1067 1068 1071 1072 1073 1074 1075 1078 1119 1120 1999
District 046 Barrow County
Tract: 1802.01 BG: 3 3063 BG: 4 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4043 4044 4045 4046 4047 4050 4999 Tract: 1802.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1018 1019 1020 1021 1022 1023 1024 1025 1026 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 BG: 2 2043 2047 2048 2049 2052 2053 2054 2055 2056 2997 2999 Tract: 1803 BG: 2 2051 2052 2053 2054 2064 2079 2080 2081 2082 Tract: 1804
4003
4004
JOURNAL OF THE HOUSE
BG: 1 1000 1001 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 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 1088 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2022 2023 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2994 2995 2996 2997 2998 2999 BG: 3 Tract: 1805 BG: 1 1000 1001 1026 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2041 2042 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 3030 3031 3032 3033 3034 3035 3036 3038 BG: 4
Clarke County
Jackson County Tract: 105 BG: 1 BG: 5 5085 5086 5087 5088 5089 5090 5091 5092 5093 5094 5095 5096 5097 5098 5099 5100 5101 5102 5103 5104 BG: 6 6043 6044 6045 6046 6047 6048 Tract: 106 BG: 2 2052 2053 2054 2059 2060 2061 2062 2063 2064 2065 2066 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
WEDNESDAY, APRIL 10, 2002
2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 BG: 3 3000 3001 3002 3003 3004 3005 3006 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064
Oconee County Tract: 301 Tract: 302 Tract: 303 Tract: 304 BG: 5 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 5067 5068 5069 5070 5071 5072 5073 5074 5075 5076 5077 5078 5079 5080 5081 5082 5083 5084 5085 5086 5087 5088 5089 5090 5091 5092 5093 5094 5095 5096 5097 5098 5099 5100 5101 5102 5103 5104 5105 5106 5107 5108 5109 5110 5111 5112 5113 5114 5115 5116 5117 5118 5119 5120 5121 5122 5123 5124 5125 5126 5127 5128 5129 5130 5131 5132 5133 5134 5135 5136 5137 5138 5139 5140 5141 5142 5143 5144 5145 5146 5147 5148 5149 5150 5151 5152 5153 5154 5155 5156 5157 5158 5159 5160 5161 5162 5163 5164 5165 5166 5167 5168 5169 5170 5171 5172 5173 5174 5175 5176 5177 5178 5997 5998 5999 Tract: 305 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1011 1999 Tract: 306 BG: 2 2000 2001 2002 2003 2004 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2026 2997 2998 2999 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 3030 3998 3999
4005
4006
JOURNAL OF THE HOUSE
District 047 Banks County
Elbert County
Franklin County Tract: 9901 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 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 1998 1999 BG: 2 2000 2001 2050 2051 2052 2053 Tract: 9902 BG: 3 3036 3053 3054 3055 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 Tract: 9903 Tract: 9904 BG: 2 2016 2017 2019 2020 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 BG: 3 BG: 4 BG: 5
Greene County Tract: 9501 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 1039 1040 1041 1042 1043 1044 1045 1047 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
WEDNESDAY, APRIL 10, 2002
2012 2013 2014 2034 2035 2036 2037 2039 2040 2997 Tract: 9502
Habersham County Tract: 9906.01
Hall County Tract: 1 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 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 4058 4059 4060 4061 4062 4063 4064
Hart County
Jackson County Tract: 102 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 1069 1070 1071 1072 1073 1074 1075 Tract: 103 Tract: 104
Lincoln County Tract: 9701 BG: 1 BG: 2 2012 2013 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2082 2083 2084 2089 2090 2099 2100 2993 2994 2997 BG: 3 3000 3001 3002 3003 3004 3009 3010 3011 3012 3013 3014 3015 3016 3017 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3999 BG: 4 4014 4015 4017 4024 4025 4026 4028 4029 4030 4031 4032 4033 4034 4035 4036
4007
4008
JOURNAL OF THE HOUSE
Tract: 9702 BG: 2 2035 2036 2037 2038 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2090 2998 BG: 3 3009 3010 3011 3014 3015 3016 3017 3018 3019 3020 3021 3026 3027 3028
Madison County Tract: 201 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 3030 3037 3038 3039 3998 3999 BG: 4 4000 4001 4045 4046 4047 4084 4090 4091 4092 4093 4094 4095 4096 4097 4098 4100 4103 4104 4105 4106 4999 BG: 5 5000 5001 5018 5019 5020 5021 5022 Tract: 202 Tract: 203 Tract: 204 BG: 2 2000 2001 2002 2020 BG: 4 Tract: 205 BG: 1 1000 BG: 5 5000 5001 5014 5015 5016 5017 5025 Tract: 206
McDuffie County Tract: 9501 BG: 2 2114 2115 2116 2117 2118 2119 2120 Tract: 9502 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 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047
WEDNESDAY, APRIL 10, 2002
BG: 2 2009 2010 2026 2027 2028 2029 2030 2031 BG: 3 3005 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 3037 BG: 4 BG: 5 Tract: 9503 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 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 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 BG: 3 3016 3017 3018 3019 3020 Tract: 9504 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1014 1015 1016 1017 BG: 2 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2032 2033 2036 2037 2038 2039 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2999 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4019 4020 4021 4022 4023 4024 4041 4042 4043 4051 4052 4053 4054 4055 4056 4057 4058 BG: 5 5027 5028 5029 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 5067 5068 5069 5070 5071 5997 5998 Tract: 9505 BG: 2 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 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2996 2997 2998
4009
4010
JOURNAL OF THE HOUSE
Oconee County Tract: 304 BG: 5 5179 Tract: 305 BG: 1 1010 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 1996 1997 1998 Tract: 306 BG: 2 2005 2006 2021 2022 2023 2024 2025 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 BG: 3 3022 3025 3026 3027 3028 3029 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046
Oglethorpe County
Taliaferro County
Warren County Tract: 9701 Tract: 9703 Tract: 9704 BG: 1 BG: 2 BG: 3 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3100 3101 3102 3103 3104 3992 3994 3995
Wilkes County Tract: 9801 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 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2038 2039 2040 2041 2042 2043 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2068 2069 2999
WEDNESDAY, APRIL 10, 2002
BG: 8 BG: 9 Tract: 9803 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1021 1022 1023 1024 1025 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1044 1045 1046 1047 1048 1049 1050 BG: 2 BG: 3 3004 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 3042 3043 3044 3045 3046 BG: 4 BG: 5 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 BG: 6 6019 6020 6021 6031 6032 6033 6034 6035 6036 6037 6038 6039 6042 6043 6044 6045 6046 6047 6048 6049 6050 BG: 7 7000 7001 7002 7003 7004 7005 7018 7019 7020 7021 7025 7026 7027 7028 7029 7030 7031 7032 7033 7034 7035 7036 7037 7038 7039 7040 7041 7042 7056 7057 7058 7059 7060 7061 7062 7063 7064 7065 7066 7067 7068 7069 7070 7071 7074 7075 7076 7077 7078 7079 7080 7081 7082 7083 7999
District 048 Forsyth County
Tract: 1304.01 BG: 1 1022 1023 1036 1037 1038 1039 1040 1041 1042 1043 1044 BG: 2 2000 2001 2002 2003 2004 2011 2012 2015 2016 2017 2026 2027 Tract: 1304.02 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 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 1999 BG: 2
4011
4012
JOURNAL OF THE HOUSE
BG: 3 Tract: 1305.01 BG: 3 3015 3016 3101 3102 3103 3104 3105 3998 Tract: 1305.02 Tract: 1306 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1013 1095 1096 1097 1098 1099 1100 1105 1106 1107 1108 1109 1110 1111 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2083 2084 2085 2086 2087 2091 2092 2093 2998 2999
Gwinnett County Tract: 501.03 Tract: 501.04 Tract: 501.05 BG: 1 BG: 4 Tract: 501.06 BG: 5 BG: 6 6036 6037 6038 6039 6040 6041 6042 6043 6044 6045 6046 Tract: 502.02 BG: 1 1028 1029 1030 1031 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 1067 1068 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 1995 1996 1997 1998 BG: 2 Tract: 502.04 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 2023 2024 2025 2026 2027 2028 2029 2030 2033 2034 2035 2036 2037 2042 2043 2044 2045 2046 2047 2048 BG: 3 BG: 4
WEDNESDAY, APRIL 10, 2002
Tract: 502.05 Tract: 502.06 Tract: 502.07 BG: 1 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 1058 1059 1060 1061 1062 1063 1999 BG: 2 Tract: 503.07 Tract: 503.08 Tract: 503.09 Tract: 503.10 Tract: 503.14 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 Tract: 505.10 BG: 1 1000 1001 1006 1007 1008 1009 1012 1013 1014 1015 BG: 2 BG: 3 Tract: 505.11 Tract: 505.12 BG: 2 BG: 3
District 049 Dawson County
Forsyth County Tract: 1301 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 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 1047 1048 1052 1061 1062 1063 1064 1065 1098 1100 1101 1102 1103 1104 1105 1106 1107 1108 1996 1997 1999 Tract: 1302 BG: 1 BG: 2
4013
4014
JOURNAL OF THE HOUSE
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 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 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2995 2996 2997 2998 2999 Tract: 1304.01 BG: 1 1000 1001 1002 1003 1006 1007 1999 Tract: 1304.02 BG: 1 1000 1012 1013 1014 1015
Gilmer County Tract: 801 BG: 1
Hall County Tract: 10.01 BG: 3 3997 BG: 4 4000 4001 4002 4003 4004 4006 4021 4022 4023 4024 4025 4026 4031 4032 4033 4995 4996 4997 4998 4999 Tract: 10.02 Tract: 12 BG: 3 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 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 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3999 Tract: 13 BG: 1 1014 1015 1016 1017 1018 1019 1020 1021 1022 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 BG: 2 BG: 3 Tract: 14.01 BG: 1
WEDNESDAY, APRIL 10, 2002
1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1016 1017 1018 1019 1023 1024 1025 1026 1033 1034 1035 BG: 2 2000 2001 2005 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 BG: 3 BG: 4 4001 4002 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 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 BG: 5 Tract: 14.02 Tract: 15 BG: 1 BG: 2 Tract: 16.01 BG: 1 1003 1004 1005 1006 1007 1008 1009 1010 1011 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1037 1038 1049 1050 Tract: 16.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1016 1017 1018 1019 1020 1021 1026 1027 1028 1029 1030 Tract: 2.01 Tract: 2.02 Tract: 3.01 Tract: 3.02 Tract: 4 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2993 2994 2995 2996 2997 2998 2999 BG: 3 Tract: 5 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
4015
4016
JOURNAL OF THE HOUSE
3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3072 3987 3996 3997 3998 3999 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5024 5025 5026 5031 5032 5033 5034 5035 5036 5987 5988 5990 5995 5996 5997 5998 5999 Tract: 6 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 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3053 3054 3055 3056 3057 3990 3991 3992 3993 3994 3995 3996 3997 3998 3999
Jackson County Tract: 101 Tract: 102 BG: 1 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 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 Tract: 105 BG: 5 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 5067 5068 5069 5070 5071 5072 5073 5074 5075 5076 5077 5078 5079 5080 5081 5082 5083 5084 5999 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 6032 6033 6034 6035 6036 6037 6038 6039 6040 6041 6042 Tract: 106 BG: 2
WEDNESDAY, APRIL 10, 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 2051 2055 2056 2057 2058 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2119 2120 BG: 3 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3038 3039 3040 3065 3066 Tract: 107
Lumpkin County Tract: 9601 BG: 1 1035 1036 1037 1038 1039 1040 1047 1049 1050 1051 1052 1999 BG: 2 2000 2001 2004 2016 2017 2018 2019 2020 2043 2044 2045 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 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3056 3057 BG: 4 4000 4001 4024 4025 4036 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 BG: 5 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 5038 5039 5044 5045 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5063 5064 5065 5066 5996 5997 5998 Tract: 9602.01 BG: 6 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 6036 6037 6038 6039 6040 6041 6042 6043 6044 6045 6047 6048 6049 6050 6051 6052 6999 Tract: 9602.02 BG: 1 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016
4017
4018
JOURNAL OF THE HOUSE
1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1091 1092 1112 1113 1114 1115 1116 1117 1118 1119
Madison County Tract: 201 BG: 3 3025 3026 3027 3028 3029 3031 3032 3033 3034 3035 3036 BG: 4 4002 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 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 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 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4085 4086 4087 4088 4089 4099 4101 4102 4107 4998 BG: 5 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 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 5998 5999 Tract: 204 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 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 Tract: 205 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 1998 1999 BG: 5 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5018 5019 5020 5021 5022 5023 5024 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5999 BG: 6
Pickens County
Tract: 501 Tract: 506 BG: 1
WEDNESDAY, APRIL 10, 2002
District 050 Franklin County
Tract: 9901 BG: 1 1054 1055 1056 1057 1058 1059 1060 BG: 2 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 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2996 2997 2998 2999 BG: 3 BG: 4 BG: 5 Tract: 9902 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 3030 3031 3032 3033 3034 3035 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3056 3057 BG: 4 Tract: 9904 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2018 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042
Habersham County Tract: 9902 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
4019
4020
JOURNAL OF THE HOUSE
2012 2013 2014 2015 2016 2017 2018 2028 2040 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2085 Tract: 9904 BG: 1 1021 BG: 3 3000 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3061 3062 3063 3064 3065 3066 3067 3075 3076 3077 3078 3080 3081 3082 3083 3084 3094 3099 3100 3997 3999 Tract: 9905 BG: 3 3049 3050 3051 3052 BG: 4 4001 4002 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 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 4999 BG: 5 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 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 5046 5047 Tract: 9906.02 BG: 1 BG: 2 2010 2011 2012 2013 2014 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 BG: 3 BG: 4 BG: 5
Hall County Tract: 1 BG: 1 BG: 2 BG: 3 BG: 4 4009 4010 4011 4012 4013 4014 4054 4055 4056 4057 4999 Tract: 10.01
WEDNESDAY, APRIL 10, 2002
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 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3994 3995 3996 3998 3999 BG: 4 4005 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4027 4028 4029 4030 Tract: 11 Tract: 12 BG: 1 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3022 3065 BG: 4 Tract: 13 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 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 Tract: 14.01 BG: 1 1000 1001 1014 1015 1020 1021 1022 1027 1028 1029 1030 1031 1032 1036 1037 1038 1039 BG: 2 2002 2003 2004 2006 BG: 4 4000 Tract: 4 BG: 1 BG: 2 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2984 2985 2986 2987 2988 2989 2990 2991 2992 Tract: 5 BG: 3 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070
4021
4022
JOURNAL OF THE HOUSE
3071 3988 3989 3990 3991 3992 3993 3994 3995 BG: 5 5018 5019 5020 5021 5022 5023 5027 5028 5029 5030 5986 5989 5991 5992 5993 5994 Tract: 6 BG: 1 BG: 2 BG: 3 3051 3052 3058 3059 3060 3061 3062 3063 3064 3065 3066 Tract: 7 Tract: 8 Tract: 9
Lumpkin 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 1041 1042 1043 1044 1045 1046 1048 BG: 2 2002 2003 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 BG: 3 3054 3055 BG: 4 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4037 BG: 5 5029 5030 5031 5032 5033 5034 5035 5036 5037 5040 5041 5042 5043 5046 5047 5048 5049 5999 Tract: 9602.01 BG: 5 BG: 6 6000 6001 6032 6033 6034 6035 6046 Tract: 9602.02 BG: 1 1000 1001 1002 1003 1004 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
WEDNESDAY, APRIL 10, 2002
1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1999 BG: 2 BG: 3 BG: 4
Stephens County Tract: 9701 BG: 2 2047 2048 2049 2050 2051 2052 2053 2054 2056 2057 2061 2062 2063 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2998 BG: 3 Tract: 9702 BG: 1 BG: 2 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 BG: 3 Tract: 9703 BG: 1 1005 1006 1007 1008 1009 1010 1024 1025 1026 1027 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 BG: 2 BG: 3 BG: 4 4015 4016 BG: 5 5000 5001 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 5067 5068 5069 5070 5071 5072 5073 5074 5075 5076 5077 5078 5079 5080 5081 5082 5083 5084 5085 5086 5087 5999 BG: 6 6000 6001 6002 6006 6007 6008 6009 6010 6011 6012 6044 6045 6046 6057 Tract: 9704
Towns County Tract: 9601
4023
4024
JOURNAL OF THE HOUSE
BG: 1 1018 1022 1023 1024 1025 1026 1027 1028 1029 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 BG: 2 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 BG: 3 3001 3002 3003 3005 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 3054 Tract: 9602 BG: 1 1056 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2012 2019 2021 2022 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 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 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2997 2998 2999 Tract: 9603 BG: 1 1022 1023 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1043 1044 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1060 1061 1062 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 1099 1100 1101 1104 1105 1106 1107 1108 1109 1110 1111 1996 1997 1998 1999 BG: 2 2044 2045 2048 2049 2050 2051 2995 2997 BG: 3 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 3054 3055
WEDNESDAY, APRIL 10, 2002
3056 3057 3058 3059 3060 3061 3062 3063 3064 3070 3071 3072 3073 3076 3088 3997 3998
Union County Tract: 9901 BG: 1 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 1997 1998 1999 BG: 2 2006 2007 2008 2009 2010 2011 2012 2013 2015 2016 2056 2057 2058 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 2996 2998 2999 BG: 3 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3025 3026 3027 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3995 3996 3997 3998 BG: 4 Tract: 9902.01 Tract: 9902.02
White County
District 051 Cherokee County
Tract: 901 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4020 4021 4022 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 4060 4061 4062 4063 4064 4065 4066 4067
4025
4026
JOURNAL OF THE HOUSE
4068 4069 4070 Tract: 903 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 1036 1037 1040 1041 1042 1043 1044 1045 1046 1047 1048 1052 1991 1993 1994 1997 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2997 2999 Tract: 904 Tract: 906.01 BG: 3 3001 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3033 3034 3035 3036 3037 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 BG: 4 BG: 6 Tract: 906.02 BG: 1 1001 1002 1003 1004 1005 1006 1012 1013 1023 BG: 2 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 BG: 5 Tract: 907.01 BG: 3 BG: 4 4000 4001 4002 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 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4050 4051 4053 4997 BG: 6 Tract: 907.02 Tract: 908.01 BG: 4 4007 4008 4010 4011 BG: 6 6006 6007 6008 6015 6016 6017 6018 6019 6020 6021
WEDNESDAY, APRIL 10, 2002
BG: 7 7001 7002 7003 7004 7005 7006 7007 7008 Tract: 909.01 BG: 1 1000 1001 1002 1003 BG: 2 Tract: 910.04 BG: 3 3025 3038 3039 3040 3041 3042 3996 3998
Fannin County
Gilmer County Tract: 801 BG: 2 Tract: 802 Tract: 803 Tract: 804 Tract: 805
Habersham County Tract: 9901 Tract: 9902 BG: 1 BG: 2 2019 2020 2021 2022 2023 2024 2025 2026 2027 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2041 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 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 BG: 3 BG: 4 BG: 5 Tract: 9903 Tract: 9904 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1999 BG: 2 BG: 3 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012
4027
4028
JOURNAL OF THE HOUSE
3013 3014 3015 3016 3017 3018 3019 3020 3042 3043 3060 3068 3069 3070 3071 3072 3073 3074 3079 3085 3086 3087 3088 3089 3090 3091 3092 3093 3095 3096 3097 3098 3998 Tract: 9905 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 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3053 3054 3055 3056 3057 3058 3059 3999 BG: 4 4000 4060 4061 4062 4063 4064 4065 BG: 5 5000 5016 5017 5018 5019 5045 Tract: 9906.02 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2015 2026 2027 2028
Pickens County Tract: 502 Tract: 503 Tract: 504 Tract: 505 Tract: 506 BG: 2 BG: 3 BG: 4
Rabun County
Stephens County Tract: 9701 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 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2055 2058 2059 2060 2064 2065 2066 2067 2079 2080 2081 2082 2083 2084 2999
WEDNESDAY, APRIL 10, 2002
BG: 4 BG: 5 Tract: 9702 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2998 2999 Tract: 9703 BG: 1 1000 1001 1002 1003 1004 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1028 1029 1030 1031 1032 1033 1034 1035 1036 1047 1048 1049 1050 1051 1064 1065 1066 1067 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 BG: 5 5002 5003 5004 5005 5006 5007 5008 5009 BG: 6 6003 6004 6005 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 6032 6033 6034 6035 6036 6037 6038 6039 6040 6041 6042 6043 6047 6048 6049 6050 6051 6052 6053 6054 6055 6056
Towns County Tract: 9601 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1019 1020 1021 1030 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1996 1997 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2040 2041 2042 2043 BG: 3 3000 3004 3006 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 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 1995 1996 1997 1998 1999 BG: 2
4029
4030
JOURNAL OF THE HOUSE
2010 2011 2013 2014 2015 2016 2017 2018 2020 2023 2024 2025 2026 2027 Tract: 9603 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1024 1025 1026 1027 1028 1029 1041 1042 1045 1057 1058 1059 1063 1098 1102 1103 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 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 2046 2047 2052 2996 2998 2999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3065 3066 3067 3068 3069 3074 3075 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3089 3090 3996 3999
Union County Tract: 9901 BG: 1 1000 1001 1002 1003 1004 1005 BG: 2 2000 2001 2002 2003 2004 2005 2014 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 2059 2060 2061 2062 2997 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3024 3028 3029 3030 3031 3032 3033 3034 3999
District 052 Bartow County
Tract: 9603 BG: 1 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 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 1998 1999
WEDNESDAY, APRIL 10, 2002
BG: 2 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 2060 2061 2062 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2997 2998 Tract: 9610 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1023 1024 1025 1026 1027 1028 1031 1995 1996 BG: 2 2000 2001 2002 2003 2004 2008 2009
Chattooga County
Floyd County
Gordon County Tract: 9702 BG: 2 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2059 2060 2061 2062 2063 2064 2065 2996 2997 BG: 3 3015 BG: 4 4000 4001 4002 4003 4004 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 4995 4996 4997 4998
Walker County Tract: 206.01 BG: 1 1042 1043 1044 1045 1046 1047 1048 1049 1050 Tract: 206.02 Tract: 207 Tract: 208 BG: 1 1012 1013 1014 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1028 1029 1030 1031 1032 1033 1034 1035 1038 1999 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013
4031
4032
JOURNAL OF THE HOUSE
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 2052 2053 2054 2057 2058 2059 2060 2061 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3026 3027 3028 3029 3030 3032 3037 3999 Tract: 209.01 Tract: 209.02 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 2030 2031 2032 2033 2034 2035 2036 2037 2038 2071 2072
Whitfield County Tract: 10 BG: 1 1010 1011 1012 1013 1014 1015 1016 1017 1027 1028 1029 1030 1031 1032 BG: 2 BG: 3 Tract: 12 BG: 4 4004 4008 4009 4010 4012 4013 4014 4025 4026 4027 4028 4029 4045 4046 BG: 5 5000 5001 5028 5029 5030 5031 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 BG: 6 6000 6001 6002 6003 6004 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 6033 6034 6035 6036 6037 6038 6039 6040 6041 6042 6043 6044 6045 6046 6047 6048 6049 Tract: 13 BG: 1 1005 1006 1007 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 BG: 2 2000 2001 2002 2003 2004 2005 2008 2009 2010 2011 2012 2013 BG: 3
WEDNESDAY, APRIL 10, 2002
Tract: 15 BG: 3 3018 3019 3020 3021 3022 3023 3024 3026 3027 3028 3029 BG: 4 4003 4004 4013 4014 4015 4016 4017 4018 4031 4032 4035 4999 Tract: 4 BG: 1 1005 1007 1008 1009 1010 1022 1024 1025 BG: 2 2004 BG: 3 3000 3034 3035 3042 3043 3044 3045 3047 3048 3050 3051 3052 3053 3054 3055 3056 3057 BG: 4 BG: 5 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 BG: 6 Tract: 5.02 BG: 1 1000 1011 1012 1013 1014 1042 1043 1054 1063 1064 1065 1066 1067 1078 1079 1080 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 Tract: 8 BG: 6 6023 6024 6025 6026 6027 6028 6035 6036 BG: 7 7002 7003 7004 7005 7006 7007 7008 7009 7010 7015 7016 7017
District 053 Catoosa County
Dade County
Walker County Tract: 201 Tract: 202 Tract: 203.01 Tract: 203.02 Tract: 204 Tract: 205.01 Tract: 205.02 Tract: 206.01
4033
4034
JOURNAL OF THE HOUSE
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 BG: 2 BG: 3 Tract: 208 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1015 1027 1036 1037 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 BG: 2 2000 2001 2051 2055 2056 BG: 3 3021 3022 3023 3024 3025 3031 3033 3034 3035 3036 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 Tract: 209.02 BG: 1 BG: 2 2000 2001 2002 2003 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
Whitfield County Tract: 1.01 Tract: 1.02 Tract: 12 BG: 5 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 5032 5033 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 BG: 6 6005 6006 6050 6051 6052 6053 6054 6055 6056 6057 6058 6059 6060 6061 6062 6063 6064 6065 Tract: 14
WEDNESDAY, APRIL 10, 2002
Tract: 15 BG: 1 BG: 2 BG: 3 3025 BG: 4 4005 4006 4007 4008 4009 4010 4011 4012 4033 4034 Tract: 3.01 BG: 1 1000 1001 1004 1005 1006 1007 1008 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Tract: 3.02 BG: 1 1000 1001 BG: 2 2000 2001 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3020 3021 3022 Tract: 5.01 BG: 2 BG: 3 Tract: 5.02 BG: 1 1046 1049 1050 1051 1052 1053 1055 1056 1057 1058 1059 1060 1061 1062 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 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 1118 1119 1120 1121 1122 1123 1124 1125 BG: 2 2003 2004 2006 2007 2008 2009 2010 2011 2012 2013 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 BG: 3 3002 3003 3004 3005 3006 3049 3050 3051 3052 BG: 4 Tract: 6 Tract: 7 Tract: 8 BG: 1 BG: 2 BG: 3 BG: 4
4035
4036
JOURNAL OF THE HOUSE
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 Tract: 9
District 054 Bartow County
Tract: 9601 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 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3082 3086 3087 3088 3089 3090 3091 3092 3093 3094 3998 3999 Tract: 9602 Tract: 9603 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1021 1054 1055 1056 1057 1058 1059 1060 1061 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2999 Tract: 9604 BG: 1 1004 1005 1006 1007 1008 1009 1012 1020 1058 BG: 2 2000 2001 2002 2003 2004 2005 2007 2008 2012 2014 2015 2016 2017 2018 2019 2026 2027 2028 2029 2030 2031 2032 2033 2034 2060 2061 2062 BG: 3 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5024 5025 5026 Tract: 9605 BG: 3
WEDNESDAY, APRIL 10, 2002
3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4021 Tract: 9606 BG: 4 4029 Tract: 9607 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 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 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 1998 1999 Tract: 9608.01 Tract: 9608.02 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 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2998 2999 Tract: 9608.03 BG: 1 1057 1058 1061 1062 1073 1998 BG: 2 2000 2001 2002 2003 Tract: 9609 BG: 1 1000 1001 1002 1003 1004 1026 1027 1033 1036 1037 BG: 2 2003 2004 2005 2006 2007 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2043 2045 2046 2047 2048 2053 2991 2992 2993 2996 BG: 3 3001 3020 3021 3022 3023 3024 3028 3035 3998 Tract: 9610 BG: 1 1000 1001 1020 1021 1022 1029 1030 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
4037
4038
JOURNAL OF THE HOUSE
1061 1062 1063 1070 1072 1073 1074 1076 1078 1079 1088 1990 1993 1994 1997 1998 1999 BG: 2 2005 2006 2007 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2048 2049 2050 2051 2998 2999
Gordon County Tract: 9701 Tract: 9702 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 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 2066 2067 2998 2999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 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 3054 3055 3993 3994 3995 3996 3997 3998 3999 BG: 4 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4999 Tract: 9703 Tract: 9704 Tract: 9705 Tract: 9706 Tract: 9707 Tract: 9708 Tract: 9709
Murray County
Whitfield County Tract: 10 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1018 1019 1020 1021 1022 1023 1024 1025 1026 Tract: 11 Tract: 12
WEDNESDAY, APRIL 10, 2002
BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4005 4006 4007 4011 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 Tract: 13 BG: 1 1000 1001 1002 1003 1004 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 BG: 2 2006 2007 2014 2015 2016 Tract: 15 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3030 3031 3032 BG: 4 4000 4001 4002 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 BG: 5 Tract: 2 Tract: 3.01 BG: 1 1002 1003 1009 1010 1011 1012 BG: 2 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 BG: 3 Tract: 3.02 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 BG: 3 3019 BG: 4 BG: 5 Tract: 4 BG: 1
4039
4040
JOURNAL OF THE HOUSE
1000 1001 1002 1003 1004 1006 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1023 BG: 2 2000 2001 2002 2003 2005 2006 2007 2008 2009 2010 2011 2012 2998 2999 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 3025 3026 3027 3028 3029 3030 3031 3032 3033 3036 3037 3038 3039 3040 3041 3046 3049 BG: 5 5000 Tract: 5.01 BG: 1 Tract: 5.02 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 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 1044 1045 1047 1048 BG: 2 2000 2001 2002 2005 2014 2015 BG: 3 3000 3001 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 Tract: 8 BG: 6 6029 6030 6031 6032 6033 6034 6037 BG: 7 7000 7001 7011 7012 7013 7014 7018 7019 7020 7021
District 055 DeKalb County
Tract: 219.09 BG: 1 1002 1003 1004 1005 1006 BG: 3 3006 3007 3008 3009 3010 3011 3012 3013 3014 Tract: 220.04 BG: 2
WEDNESDAY, APRIL 10, 2002
2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2999 Tract: 220.05 Tract: 220.06 BG: 1 1006 1007 1008 BG: 2 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 BG: 3 3009 3010 3011 3012 3018 3019 3021 3022 3026 3027 3029 3030 3031 3032 3033 3034 3035 3036 Tract: 220.07 BG: 1 1000 1001 1002 1003 1004 1005 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2018 2019 2020 2021 Tract: 220.08 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015 1016 1017 1018 1019 BG: 2 Tract: 231.05 BG: 1 BG: 2 2000 2001 2002 2016 BG: 3 BG: 4 Tract: 231.06 BG: 1 BG: 2 BG: 3 Tract: 232.04 Tract: 232.06 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 Tract: 232.08 Tract: 232.09 Tract: 232.10 Tract: 232.11 BG: 1
4041
4042
JOURNAL OF THE HOUSE
Tract: 233.02 Tract: 233.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1999 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4013 4015 4016 4017 4998 Tract: 233.05 Tract: 233.06 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2011 2012 2013 2014 Tract: 233.07 BG: 3 BG: 4
Gwinnett County Tract: 504.15 BG: 1 1000 1001 1002 1004 1005 1006 1007 1008 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2010 2011 2012 BG: 3 BG: 6 Tract: 504.16 Tract: 507.04 BG: 2 2006 2007 2008 2009 2010 2011 BG: 3 BG: 4 Tract: 507.09 Tract: 507.16 Tract: 507.17
District 056 Fulton County
Tract: 101.06 BG: 1 1000 1001 1002 1003 1006 1007 1008 1996 1997 1998 1999 BG: 2
WEDNESDAY, APRIL 10, 2002
Tract: 101.07 BG: 1 1000 1001 1002 1003 1004 1005 1007 1008 1009 1010 1011 1999 BG: 2 Tract: 101.08 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2014 2015 2997 2998 2999 Tract: 101.09 BG: 6 BG: 7 BG: 8 8004 8005 8006 8007 8008 8009 8010 8011 8012 8013 8014 8015 8016 8017 8018 8019 8020 8021 8022 8023 8024 8025 8026 8027 Tract: 101.10 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Tract: 102.04 BG: 1 BG: 5 5000 5001 5002 5003 5006 5007 5008 5009 5014 5015 5016 Tract: 102.05 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4013 4014 4015 4016 BG: 5 Tract: 102.08 Tract: 102.09 Tract: 102.10 Tract: 114.03 Tract: 114.04 BG: 2 2018 BG: 3 BG: 6 6000 6001 6002 6003 6004 6005 6010 6011 6012 6015 6018 6019 6020 6024 Tract: 114.05 BG: 1
4043
4044
JOURNAL OF THE HOUSE
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 BG: 3 BG: 7 7001 7002 7003 7004 7005 7006 7007 7008 7009 Tract: 114.06 Tract: 114.07 Tract: 114.10 BG: 2 BG: 5 5006 Tract: 114.11 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015 1016 1017 1018 1019 1020 1993 1994 1995 1996 1997 1998 1999 BG: 2 BG: 4 BG: 5 BG: 6 6000 6001 6002 6003 6004 6007 6008 6009 6011 6012 6013 Tract: 114.12 Tract: 114.13 BG: 2 BG: 5 5007 5009 5010 5011 5012 5013 Tract: 114.14 BG: 3 Tract: 115.01 Tract: 115.02 Tract: 116.04 Tract: 116.05 Tract: 116.06 BG: 3 3000 3001 3002 3003 BG: 4 4010 4011 4012 4013 4014 4015 4016 4020 4021 4022 BG: 9 9007 9008 9009 9010 9012 9013 9014 9015 9016 Tract: 116.07 BG: 5 BG: 7
WEDNESDAY, APRIL 10, 2002
7015 7028 7030 7031 7032 7034 7035 7036 7037 7038 7039 7040 7041 7042 7043 7044 7045 7046 7047 7048 7049 7050
4045
Representative Skipper of the 137th moved the previous question.
On the motion, the roll call was ordered and the vote was as follows:
Y Allen N Amerson Y Anderson Y Ashe 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 N Bulloch N Bunn N Burkhalter N Burmeister Y Byrd N Callaway N Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T N Collins Y Connell N Cooper
Y Cox Crawford
Y Cummings Davis
Y Day Y Dean N Deloach, B N Deloach, G N Dix Y Dodson Y 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 Hammontree Y Hanner E Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson N Hines Y Holland Y Holmes Y Houston Y Howard
N Hudgens Y Hudson, N
Hudson, S Y Hugley N Irvin E 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 Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning N Massey E McBee
McCall Y McClinton
McKinney N Millar Y Mills Y Mobley Y Morris Y Mosley
N Mueller N Muntean 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 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 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 N 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 N Unterman Y Walker, L N Walker, R.L Y Watson
West Y Westmoreland Y Wiles N Wilkinson N Willard Y Williams, J Y Williams, R Y Wix N Yates
Murphy, Speaker
On the motion, the ayes were 125, nays 41. The motion prevailed.
4046
JOURNAL OF THE HOUSE
The following amendment was read:
Representative Irvin of the 45th moves to amend the Senate amendment to HB 1667 by inserting between "law;" and "to" on line 6 of page 1 the following:
"to amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, so as to change certain provisions regarding the composition and number of state representative districts;"
By striking "an effective date" and inserting in its place "effective dates" on line 7 of page 1.
By inserting between lines 28 and 29 of page 2 the following:
"SECTION 2A. Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, is amended by striking and reserving subdivision (a)(3)(B)(vi).
SECTION 2B. Said Code section is further amended in subsection (a) by striking the description of representative district 43 and inserting in its place the description of representative districts 43A and 43B attached to this Act and made a part hereof and further identified as: 'Plan Name: Irvin43 Plan Type: House User: Blake Administrator: H104'."
By striking lines 29 through 33 of page 2 and inserting in their place the following:
"SECTION 3. (a) Except as otherwise provided in subsection (b) of this section, subject to the provisions of Section 1 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to future elections for the Georgia State Senate to the extent provided for in Section 1 of this Act. (b) Sections 2A and 2B of this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval."
District 043A Fulton County
Tract: 23 BG: 1 1003 1004 1011 BG: 4
WEDNESDAY, APRIL 10, 2002
4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 BG: 6 Tract: 24 Tract: 25 Tract: 38 BG: 2 2009 Tract: 39 Tract: 40 Tract: 41 Tract: 42 Tract: 43 BG: 3 3001 3002 Tract: 60 BG: 1 BG: 2 BG: 3 Tract: 61 BG: 2 Tract: 62 Tract: 7 BG: 2 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 Tract: 81.02 BG: 1 BG: 2 2008 2009 2010 2011 2012 Tract: 82.01 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2027 Tract: 83.01 Tract: 83.02 Tract: 84 Tract: 85 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 BG: 3
4047
4048
JOURNAL OF THE HOUSE
3009 3015 3016 3019 3020 3021 3022 3023 3024 3025 Tract: 86.01 BG: 2 2014 2015 2016 2018 BG: 4 4000 4001 4002 4003 4004 4005 4009 4010 4012 4013 4014 BG: 5
District 043B Fulton County
Tract: 102.06 BG: 4 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4997 4998 4999 BG: 6 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6012 Tract: 102.07 BG: 3 3002 3003 3004 3005 3006 3007 3008 3009 3011 3012 3013 3014 3015 BG: 4 4010 4012 4013 4021 4022 4023 4025 4026 4997 4998 Tract: 22 BG: 1 1002 1003 1004 1005 1006 1007 1015 1016 1017 1018 1019 1020 1021 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2026 2027 2028 2029 2030 2031 Tract: 23 BG: 1 1000 1001 1002 1005 1006 1007 1008 1009 1010 BG: 4 4000 4001 4002 4003 4004 Tract: 5 BG: 1 1034 1035 1036 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 Tract: 7 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
WEDNESDAY, APRIL 10, 2002
2012 Tract: 8 Tract: 85 BG: 2 2006 2007 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3010 3011 3012 3013 3014 3017 3018 BG: 4 Tract: 86.01 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2017 2019 2020 2021 2022 2023 BG: 4 4006 4007 4008 4011 Tract: 87.01 Tract: 87.02 BG: 1 1000 1001 1002 1003 1017 1018 1019 1020 1021 1022 1023 BG: 2 BG: 3 3000 3001 Tract: 88 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 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 1999 Tract: 89.01 Tract: 89.02 Tract: 90 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 BG: 2 BG: 3 3008 3009 3010 3011 3012 3013 3016 3017 Tract: 97 BG: 1 1000 1001 1002 1004 1005 1008 1999 BG: 3 3009
4049
4050
Tract: 98 Tract: 99
JOURNAL OF THE HOUSE
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Allen Y Amerson N Anderson N Ashe Y Bannister
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 Y Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan E Coleman, B N Coleman, T Y Collins N Connell Y Cooper
Y Cox Y Crawford N Cummings
Davis Y Day N Dean N Deloach, B Y Deloach, G Y Dix N Dodson N Drenner
Dukes E Ehrhart N Epps Y Everett N Floyd Y Forster Y Franklin N Gardner Y Golick Y Grasse Y Graves N Greene Y Hammontree N Hanner E Harbin N Harrell N Heard N Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard
Y Hudgens N Hudson, N N Hudson, S N Hugley Y Irvin E 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 E McBee N McCall N McClinton
McKinney Y Millar Y Mills N Mobley N Morris N Mosley
Y Mueller Y Muntean 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 N Roberts, L N Rogers N Royal
Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper
Y Smith, B N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre
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
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 67, nays 100. The amendment was lost.
The following amendment was read:
WEDNESDAY, APRIL 10, 2002
4051
Representative Jennings of the 63rd moves to amend the Senate amendment to HB 1667 by inserting between "law;" and "to" on line 6 of page 1 the following:
"to amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, so as to change certain provisions regarding the composition and number of state representative districts;".
By striking "an effective date" and inserting in its place "effective dates" on line 7 of page 1.
By inserting between lines 28 and 29 of page 2 the following:
"SECTION 2A. Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, is amended by striking and reserving subdivision (a)(3)(B).
SECTION 2B. Said Code section is further amended in subsection (a) by striking the description of representative districts 3, 13, 14, 33, 34, 42, 43, 48, 56, 59, 60, 61, 67, 69, 70, 71, 84, 85, 88, 121, 124, 129, and 141 and inserting in its place the description of representative districts 3, 13, 14, 33, 34, 42, 43, 48, 56, 59, 60, 61, 67, 69, 70, 71, 84, 85, 88, 121, 124, 129, and 141, and districts 148 through 180 attached to this Act and made a part hereof and further identified as: 'Plan Name: H063amdp2 Plan Type: HOUSE User: P Chapman Administrator: H063'."
By striking lines 29 through 33 of page 2 and inserting in their place the following:
"SECTION 3. (a) Except as otherwise provided in subsection (b) of this section, subject to the provisions of Section 1 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to future elections for the Georgia State Senate to the extent provided for in Section 1 of this Act. (b) Sections 2A and 2B of this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval."
District 003 Catoosa County
Tract: 301 Tract: 302
4052
JOURNAL OF THE HOUSE
BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1009 1010 1011 1012 1013 1015 1016 1019 1020 1021 1022 1997 1999 BG: 2 BG: 3 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 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 BG: 5 Tract: 303 Tract: 304.01 Tract: 304.02 BG: 1 1016 BG: 7 Tract: 306 BG: 3 3012 3014 3015 3016 BG: 4 4004 4005 4006 4007 4008 4026 4028 BG: 5 5022 Tract: 307 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3022 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 BG: 4 BG: 5 BG: 6 6000 6003 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 6032 6033 6034 6035 6036 6037 6038 6039 6040 6041 6042 6043 6044
Whitfield County Tract: 5.01 BG: 3 3014 3015 3016 Tract: 6 BG: 1 1000 1001 1002 1005 1006 1013 1014 1015 1029 1030 1033 1034
WEDNESDAY, APRIL 10, 2002
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 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1998 1999 BG: 2 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 2996 2997 2998 2999 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 Tract: 7 BG: 1 BG: 2 BG: 3 3017 3018 3019 3021 3028 3029 3030 3031 3032 3033 3034 3035 BG: 4 Tract: 8 BG: 1 1016 1017 1018 1019 1056 1057 1058 1060 1061 1062 1063 1064 1073 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4011 Tract: 9 BG: 3 3014 3015 3017 3018 3019
District 013 Floyd County
Tract: 11 Tract: 12 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
4053
4054
JOURNAL OF THE HOUSE
2012 2013 2014 2015 2016 2021 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 Tract: 13 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 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 BG: 2 2000 2001 2002 2003 2004 2005 2012 2013 2014 2015 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 Tract: 14 BG: 1 1000 1001 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 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 1994 1995 1996 1997 1998 1999 Tract: 15 Tract: 16 Tract: 17.01 BG: 1 1011 1025 1026 1027 1028 1029 1030 1031 BG: 2 BG: 3 Tract: 17.02 BG: 1 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 1060 1061 1069 1070 BG: 2 Tract: 18 Tract: 19 Tract: 20 BG: 1 1000 1001 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037
WEDNESDAY, APRIL 10, 2002
1038 1048 1052 1053 1054 1055 1056 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 1145 1146 1993 1994 1995 BG: 2 2030 2031 2032 2033 2035 2037 2038 2041 2042 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 Tract: 3 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1996 1997 1998 BG: 3 3014 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 Tract: 4 Tract: 5 Tract: 9 BG: 1 1010 1011 1012 1013 1014 1015 1016 1017 1030 1031 1037 1040 1041 1042 1046 1047 1052 1053 1054 1055 BG: 2 2009
District 014 Dawson County
Tract: 9701 BG: 2 2102 2103 2104 2105 Tract: 9702 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 2023 2024 2025 2026 2027 2052 2053 2054 2055 2056 2058 2059 2060
4055
4056
JOURNAL OF THE HOUSE
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 2999 BG: 3
Forsyth County Tract: 1301 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 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 1996 1997 1998 1999 BG: 2 BG: 3 Tract: 1302 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1009 1010 1011 1012 1013 1014 1015 BG: 2 2000 2001 2002 2003 2004 2005 2010 2011 2012 2013 2014 2015 2016 2017 2055 2056 2057 2058 2077 2078 Tract: 1304.01 BG: 1 1000 1043 1044 BG: 2 2000 2001 2002 2003 2004 2026 2027 Tract: 1304.02 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2044 2045 2046 2047 2048 2049 BG: 3 3000 3001 3002 3003 3004 3005 3006 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 Tract: 1305.01 Tract: 1305.02 Tract: 1306 BG: 1
WEDNESDAY, APRIL 10, 2002
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1013 1084 1085 1086 1087 1094 1095 1096 1097 1107 1108 1109 1111
District 033 Cobb County
Tract: 313.06 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1022 1023 1024 1025 1026 BG: 2 Tract: 313.07 BG: 2 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2022 2023 2024 2025 2026 2027 2028 Tract: 313.08 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2035 2999 Tract: 313.09 BG: 1 BG: 2 BG: 3 3000 3001 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3030 3031 Tract: 314.04 Tract: 314.05 BG: 2 2018 BG: 4 Tract: 314.06 Tract: 314.07 BG: 1 BG: 2 BG: 3 BG: 4 BG: 5 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
4057
4058
JOURNAL OF THE HOUSE
6025 6026 6027 6028 6029 6030 6031 6032 6033 6034 6035 6036 6037 6038 6039 6040 6041 6042 6043 6044 6045 6046 6047 6048 Tract: 315.01 BG: 6 6000 6001 6002 6003 6004 6005 6006 6007 6008 6011 6012 6013 BG: 7 7000 7001 7002 7005 7006 7007 7008 7010 7011 7012 7013 7014 7015 7016 7017 7018 Tract: 315.04 BG: 2 BG: 3 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3030 3031 3032 3033 BG: 4 Tract: 315.05 BG: 1 1000 1007 1017 1018 1020 1021 1022 BG: 2 2000 2018 2019 2048 2049 2050 2051 2052 2053 2054 2056 2057 2058 BG: 3 3017
Douglas County Tract: 801.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1026 1027 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2021 2022 2023 2024 2025 2026 2027
District 034 Cobb County
Tract: 311.06 BG: 4 Tract: 311.07 BG: 2 BG: 3 BG: 4
WEDNESDAY, APRIL 10, 2002
4000 4001 4002 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 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4043 4044 4045 4046 4047 4048 4999 Tract: 312.02 BG: 4 4021 BG: 6 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6030 6031 6032 6033 6046 6999 Tract: 312.04 BG: 1 1044 Tract: 313.02 BG: 1 BG: 2 BG: 3 BG: 4 4000 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4029 4030 4031 4033 BG: 5 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5015 5016 5017 5018 5022 5023 5024 5025 5026 5997 BG: 9 Tract: 313.06 BG: 1 1021 Tract: 313.07 BG: 1 1000 1001 1002 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2019 2020 2021 BG: 3 Tract: 313.08 BG: 1 BG: 2 2008 2028 2029 2030 2031 2032 2033 2034 Tract: 313.09 BG: 3 3002 3003 3004 3027 3028 3029
4059
4060
Tract: 313.10 Tract: 313.11
JOURNAL OF THE HOUSE
District 042 DeKalb County
Tract: 201 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1015 1016 1017 1018 1019 1020 1021 1023 1024 1025 1030 1031 Tract: 214.01 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 BG: 2 BG: 3 BG: 4 4005 4006 4007 4008 4009 4010 4011 4012 4013 Tract: 214.05 BG: 2 2027 2030 2036 Tract: 215.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1013 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 Tract: 215.02 Tract: 216.01 BG: 3 3005 3006 3007 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3999 BG: 4 Tract: 216.02 Tract: 216.03 Tract: 217.04 BG: 3 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 Tract: 223.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
WEDNESDAY, APRIL 10, 2002
1012 1013 1014 1015 1016 1017 1018 1019 1022 BG: 2 2000 2001 2002 2003 2004 2006 BG: 3 3000 3001 3002 3003 3004 3010 3011 Tract: 223.02 BG: 1 1005 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 BG: 3 3000 3001 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 Tract: 224.02 BG: 2 2000 2001 2005 2006 2007 2008
District 043 Fulton County
Tract: 102.06 BG: 4 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4997 4998 4999 BG: 6 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6012 Tract: 102.07 BG: 3 3002 3003 3004 3005 3006 3007 3008 3009 3011 3012 3013 3014 3015 BG: 4 4010 4012 4013 4021 4022 4023 4025 4026 4997 4998 Tract: 82.01 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2027 Tract: 83.01 Tract: 83.02 BG: 1 1002 1003 1004 1005 BG: 2 BG: 4 Tract: 85
4061
4062
JOURNAL OF THE HOUSE
BG: 2 2006 2007 2008 2009 2010 2011 2012 2013 2014 2020 2021 2022 2023 2024 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3017 3018 BG: 4 Tract: 86.01 Tract: 87.01 Tract: 87.02 BG: 1 1000 1001 1002 1003 1017 1018 1019 1020 1021 1022 1023 BG: 2 BG: 3 3000 3001 Tract: 88 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 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 1049 1999 Tract: 89.01 Tract: 89.02 BG: 3 3004 Tract: 90 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 BG: 2 BG: 3 3008 3009 3010 3011 3012 3013 Tract: 97 BG: 1 1000 1001 1002 1004 1005 1008 1999 BG: 3 3009 Tract: 98 Tract: 99
District 048 Fulton County
Tract: 106.01
WEDNESDAY, APRIL 10, 2002
BG: 1 BG: 2 2000 2001 2002 2003 BG: 3 3000 3005 3017 3018 BG: 4 Tract: 106.03 BG: 1 1047 1052 1053 Tract: 107 Tract: 108 BG: 5 5013 5014 5015 5022 5062 5063 Tract: 109 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 1052 1053 1054 1055 1056 1057 Tract: 110 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1011 1012 1013 1014 1015 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 BG: 3 BG: 5 Tract: 111 Tract: 112.01 Tract: 112.02 Tract: 113.01 BG: 1 BG: 2 BG: 3 BG: 4 BG: 5 5000 5001 5004 5005 5006 5007 5008 5009 5999 BG: 6 Tract: 113.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
4063
4064
JOURNAL OF THE HOUSE
1012 1013 1014 BG: 2 2000 2001 2003 Tract: 74 BG: 2 2003 Tract: 75 BG: 2 2004 2005 2011 2012 BG: 3 3012 BG: 5 5005 Tract: 76.01 BG: 1 1002 1004 1005 1006 1007 1008 1009 1010 1011 BG: 2 Tract: 76.02 BG: 1 1004 BG: 2 BG: 3 Tract: 77.02 BG: 1 1009 1010 1011 Tract: 80 BG: 4 4002 4003 4004 4005 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022
District 056 DeKalb County
Tract: 201 BG: 1 1013 1014 1022 1026 1027 1028 1029 Tract: 202 Tract: 203 Tract: 204 Tract: 207 BG: 2 2004 Tract: 215.01
WEDNESDAY, APRIL 10, 2002
BG: 1 1012 1014 1015 1016 BG: 4 4004 4005 Tract: 221 BG: 2 2038 Tract: 222 BG: 3 3005 3006 3007 3008 3009 3010 3016 3017 3018 BG: 4 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 Tract: 223.01 BG: 1 1020 1021 1023 1024 1025 BG: 2 2005 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 BG: 3 3005 3006 3007 3008 3009 3012 3013 3014 3015 BG: 4 Tract: 224.01 Tract: 224.02 BG: 1 BG: 2 2002 2003 2004 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Tract: 224.03 Tract: 225 Tract: 226 Tract: 227 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 BG: 4 Tract: 228 BG: 1 1000 1001 1002 1003 1007 1008 1009 BG: 2
4065
4066
JOURNAL OF THE HOUSE
2002 Tract: 230 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 Tract: 231.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1018 1019 1020 1024 1025 Tract: 231.05 BG: 2 2017 2018 2019 2020 2021
District 059 DeKalb County
Tract: 205 Tract: 206 Tract: 207 BG: 1 BG: 2 2000 2001 2002 2003 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Tract: 208.01 Tract: 208.02 Tract: 209 Tract: 227 BG: 3 3024 3025 3026 3027 3028 3029 Tract: 234.04 BG: 3 3008 3009 3010 3011 Tract: 236.01 BG: 3 3002 3011 3012 3013 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4009 Tract: 237 Tract: 238.01 Tract: 238.02 Tract: 238.03
WEDNESDAY, APRIL 10, 2002
District 060 DeKalb County
Tract: 231.05 BG: 3 Tract: 231.06 BG: 1 BG: 2 BG: 3 Tract: 231.08 BG: 1 1000 1001 1002 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 BG: 2 BG: 3 3008 3010 3011 3012 3013 Tract: 232.03 BG: 1 1008 1009 1010 1011 1012 1013 1014 1015 1016 BG: 2 2005 2006 BG: 3 BG: 4 Tract: 232.04 BG: 3 Tract: 232.06 Tract: 232.11 BG: 1 1007 1008 1009 1010 1011 Tract: 234.12 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 BG: 2 2000 2004 2005 2006 2007 2008 2009 2012 2013 2014 BG: 3 3000 3001 3002 3006 Tract: 234.14 BG: 1 1011 1012 1013 1014 Tract: 235.06
4067
4068 Tract: 235.07
JOURNAL OF THE HOUSE
District 061 Gwinnett County
Tract: 504.15 BG: 3 BG: 6 Tract: 504.16 BG: 1 1999 Tract: 504.29 BG: 1 1005 1006 1007 1008 1009 1010 1011 1012 1013 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 Tract: 504.30 BG: 2 BG: 3 3004 3005 3006 3007 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 Tract: 507.04 BG: 2 2006 2007 2008 2009 2010 2011 BG: 3 BG: 4 Tract: 507.09 Tract: 507.16 Tract: 507.17 Tract: 507.19 Tract: 507.21 BG: 6 6004 6005 6006 6007 6008 6009 6013
District 067 Gwinnett County
Tract: 501.03 Tract: 501.04 BG: 6
WEDNESDAY, APRIL 10, 2002
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 6032 6035 6036 6037 6038 6039 6040 6041 6042 6043 6044 6045 6046 6047 6048 6049 6050 6051 6052 6053 6054 6055 6056 6057 6058 6064 6065 6068 6074 6075 6076 6077 6078 6079 6080 6081 6082 6083 6084 6085 6086 6087 6088 6089 6090 6091 6092 6093 6094 6095 6096 6097 6098 6099 6103 6104 6105 6106 6107 6108 6109 6112 6113 6114 6117 6118 BG: 7 Tract: 501.05 Tract: 501.06 BG: 6 6007 6008 6009 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6035 6047 6048 6049 6050 6051 BG: 7 7010 7011 7012 7013 7014 7015 7016 7017 7018 7019 7020 7021 7022 7023 7024 7025 7026 7027 7028 7029 7030 7031 7032 7033 7034 7035 7036 7037 7038 7039 7040 7041 7042 7043 7044 7045 7046 7047 7051 Tract: 506.03 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 1032 1033 1034 1035 1036 1040 Tract: 506.04 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 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
Hall County Tract: 13 BG: 2 2019 BG: 3 3000 3001 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 Tract: 16.01
4069
4070
JOURNAL OF THE HOUSE
BG: 1 1000 1001 1002 1033 1034 1035 1036 1040 1041 1042 1043 1044 1045 1046 1047 1048 BG: 2 2000 2001 2002 2055 2056 2057 2058 2059 2060 2061 2062 2063 Tract: 16.02 Tract: 16.03
District 069 Gwinnett County
Tract: 504.10 BG: 4 4001 4002 4003 Tract: 504.11 BG: 4 4010 4011 Tract: 504.23 BG: 3 BG: 4 Tract: 504.24 Tract: 505.07 BG: 3 3005 3006 3007 3008 3009 3010 Tract: 505.17 Tract: 505.18 Tract: 505.19 BG: 5 BG: 7 7000 7001 7002 7003 7004 7005 7006 7007 7008 7009 7012
District 070 Gwinnett County
Tract: 505.10 Tract: 505.11 Tract: 505.12 Tract: 505.13 BG: 1 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3999
WEDNESDAY, APRIL 10, 2002
Tract: 505.14 BG: 1 1016 1022 1023 1024 1025 1026 1027 1028 1029
District 071 Gwinnett County
Tract: 505.09 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 BG: 3 BG: 4 Tract: 506.02 BG: 3 3000 3001 3002 3003 3004 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: 506.04 BG: 3 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 Tract: 507.04 BG: 1 1003 1004 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 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1076 1077 1090 1091 1999 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 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098
4071
4072
JOURNAL OF THE HOUSE
1099 1100 1101 1102 1999 BG: 2 Tract: 507.20 BG: 1 1999 Tract: 507.21 BG: 6 6000 6001 6002 6003 6010 6011 6012 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 BG: 7 BG: 8 8000 8001 8003 8004 8005 8006 8007 8008 8009 8010 8011 8012 8013 8014 8015 8016 8017 8018 8019 8020 8021 8022 8023 8024 8025 8026 8027 8028 8029 8030 8031 8032 8033 8034 8035 8036 8037 8038
District 084 Clayton County
Tract: 402.02 BG: 9 9001 9002 9003 9004 9009 9010 9011 9012 9013 9014 9015 9016 9017 9018 9019 9020 9021 9022 9023 9024 9025 9026 9027 9028 9029 9030 9031 9034 9999 Tract: 403.01 Tract: 403.02 Tract: 403.03 BG: 3 3010 3011 3016 3017 3018 BG: 4 4001 4002 4003 4004 4005 4006 4007 4010 4011 4012 4013 Tract: 403.04 Tract: 403.05 Tract: 404.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1019 BG: 2 2000 2001 2002 2004 2006 2007 2008 2009 2010 2011 2012 BG: 3 3000 3001 3002 3003 3004 3007 3008 3009 3010 3011 3012 3013 3014 3015 Tract: 404.06
WEDNESDAY, APRIL 10, 2002
Tract: 404.07 BG: 2 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 Tract: 404.08 BG: 3 3003 3004 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 BG: 4 4004 4005 4006 4007 4008 4009 4010 4014 4015 4016 4018 4019 4020 4021 4022 4023 4998 4999 Tract: 404.12 BG: 2 2000 2001 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 BG: 3 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 Tract: 406.11 BG: 5 5000 5001 5002 5003 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 Tract: 406.12 BG: 3 3000 3001 3002 3003 3004 3005 3006 BG: 4
District 085 Butts County
Tract: 1501 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 3024 3025 3026 3028 3029 3030 3031 3997 3999 Tract: 1502 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1016 1017 1020 1023 1024 1028 1029 1030 1031 1032 1033 1034
4073
4074
JOURNAL OF THE HOUSE
1035 1036 1057 1058 1999 Tract: 1503.01 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 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1063 1064 1065 1066 1067 1068 1069 1070
Fayette County Tract: 1405.01 BG: 1 1000 1001 1002 1003 1004 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1048 1049 1050 1051 1052 1053 1997 1998 1999 Tract: 1405.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1023 1024 1025 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2035 2036 2037 2038
Henry County Tract: 702.02 BG: 2 2000 2021 2022 2023 2024 Tract: 702.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1024 1025 1030 1031 1032 1033 1034 1035 1036 1037 1038 BG: 2 Tract: 703.04 BG: 3 3037 3038 Tract: 703.06 BG: 1 1000 1001 1002 1014 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1999 Tract: 704.01 Tract: 704.02
WEDNESDAY, APRIL 10, 2002
Tract: 705 BG: 3 3000 3001 3009 3010 3011 3012 3013 3014 3068 3069 3070 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089
Spalding County Tract: 1601 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 1997 1998 1999 BG: 2 Tract: 1602 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 2023 2024 2025 2026 2027 2028 2029 2030 2031 2035 2036 2037 2038 2997 2998 2999 Tract: 1603 BG: 1 1000 1001 1002 1003 1004 1005 Tract: 1605 BG: 1 1000 1001 1002 1005 1032 1033 1034 1035 1036 1037 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2012 2015 2016 2017 2018 2019 2023 2024 2025 2032 2033 2034 2035 2038 2043 2047 2048 2049 2059 2060 2998 Tract: 1606 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 2049 2050 2051 2052 2056 2057 2998 2999 Tract: 1607
4075
4076
BG: 5 5009 5011 5012 Tract: 1610 BG: 1
JOURNAL OF THE HOUSE
District 088 Carroll County
Tract: 9901.01 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 1052 1059 BG: 2 2000 2001 2002 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 Tract: 9901.02 BG: 1 1022 1023 1024 1025 1026 1029 1042 1043 1044 1045 1046 1047 1048 1049 1997 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 2027 2028 2996 2997 2998 2999 BG: 4 4009 4013 4015 4017 4018 4019 4020 Tract: 9902 Tract: 9903 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 3042 3043 3057 3058 3059 3060 3070 3078 3079 3999 Tract: 9904 BG: 3 3002 Tract: 9905.01 BG: 1
WEDNESDAY, APRIL 10, 2002
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 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 BG: 2 2000 2001 2012 2013 2019 2020 2021 2022 2023 2025 2026 2027 2028 2029 Tract: 9905.02 Tract: 9906 BG: 1 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 1998 1999 BG: 2 BG: 3 Tract: 9907.01 BG: 1 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 1037 1038 1997 1998 1999 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 Tract: 9907.02 BG: 2 2010 2011 2014 2015 Tract: 9907.03 BG: 1 BG: 2 2015 2016 2017 2018 2019 2020 2027 2028 2029 2997 Tract: 9910 BG: 1 BG: 2 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
4077
4078
JOURNAL OF THE HOUSE
2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2058 2998 2999 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 3026 3027 3028 3029 3030 3031 3032 3999 Tract: 9911 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 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 2056 2998 2999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3015 3018 3019 3020
District 121 Bryan County
Tract: 9201 BG: 1 1025 1077 1078 1079 1080 1101 1102 1103 1104 1105 1106 BG: 2 BG: 3 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3108 3109 3110 3111 3112 3113 3114 3115 3116 3117 3118 3119 3120 3121 3122 3123 3124 3125 3126 3127 3128 3129 3130 3131 3132 3133 3134 3135 3136 3137 3138 3139 3169 3170 3171 3172 3173 3174 3175 3176 3177 3178 BG: 4 Tract: 9202 BG: 9 9005 9006
Bulloch County Tract: 9903 BG: 2 2063 2065 2066 2067 2068 2070 2071 2072 2073 2074 2075 2076 2082 2083 2993 2994 2995 BG: 4
WEDNESDAY, APRIL 10, 2002
4000 4001 4002 4003 4004 4005 4006 4035 4036 4065 4066 4067 4068 4070 4071 4072 4073 4074 4075 4081 4998 4999 Tract: 9907 BG: 4 4002 4005 4006 4007 4008 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 4999 Tract: 9908 Tract: 9909 BG: 2 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2996 2999 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 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3996 3997 3998 3999
Candler County Tract: 9503 BG: 1 1018 1019 1020 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1039 1040 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 1089 1090 1091 1994 1995 1996 1997 1998 1999 BG: 2
Evans County
Liberty County Tract: 101 BG: 9 9002 9003 9004 9005 9006 9007 9008 9009 9010 9011 9012 9013 9014 9015 9016 9017 9018 9019 9020 9021 9022 9023 9024 9025 9026 9027 9028 9029 9030 9031 9032 9033 9034 9035 9036 9037 Tract: 102.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
4079
4080
JOURNAL OF THE HOUSE
1012 1013 1014 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1133 Tract: 103 BG: 1 1002
Tattnall County Tract: 9901 Tract: 9902 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 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 1993 1995 1997 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2008 2009 BG: 3 3047 3048 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 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 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 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
WEDNESDAY, APRIL 10, 2002
2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2050 2051 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2070 2071 2072 2073 2074 2075 2091 2092 2093 BG: 3 BG: 4 4029 4030 4031 4032 4033 4034 4035 Tract: 9904 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1015 1016 1017 1037 BG: 2 2020 2021 BG: 4 4022 4023 4024 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5024 5025 5026 5030 5031 5032 5036 5037 5038 5039 5040 5041 5042 5043 5044 5063 5064 5065 5066 5067 5072 5073 5074 5075 5076 5077 5078 5079 5082
District 124 Chatham County
Tract: 101.01 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2018 2019 2021 2022 2023 2024 2025 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 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2997 2998 2999 Tract: 101.02 Tract: 102 BG: 1 BG: 2 BG: 3 3002 3003 3007 3008 3009 3010 3011 3012 3013 3015 3016 3017 3018 3019 Tract: 11 Tract: 111.01 BG: 2 2000 2001 2002 2003 2031 2032 2033 2989 2990 2991 2992 2993 2997 2998
4081
4082
JOURNAL OF THE HOUSE
BG: 5 5015 5016 5017 5018 5019 5020 5021 5022 5023 5993 5994 5995 Tract: 111.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1013 1014 1015 1022 1023 1024 1029 1030 1993 1996 1997 1998 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 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 Tract: 13 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1020 Tract: 20 Tract: 21 Tract: 22 Tract: 26 BG: 1 1000 1001 1002 1003 1004 1005 1006 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1024 1033 Tract: 27 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 BG: 2 BG: 4 Tract: 3 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 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 Tract: 36.01 Tract: 36.02 Tract: 37 Tract: 38 Tract: 39 BG: 2 BG: 3 BG: 4 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 Tract: 8
WEDNESDAY, APRIL 10, 2002
BG: 1 1000 1001 1002 1003 1004 1005 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 Tract: 9
District 129 Bacon County
Brantley County
Charlton County Tract: 9901 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 1073 1074 1075 1076 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1111 1112 1113 1114 1115 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1283 1284 1290 1291 1292 1293 1295 1296 1297 1298 1299 1300 1301 1302 1303 1304 1305 1306 1307 1308 1309 1310 1311 1312 1313 1314 1315 1316 1317 1318 1319 1320 1321 1322 1323 1324 1325 1326 1327 1330 1331 1332 1333 1334 1335 1336 1337 1338 1339 1340 1341 1342 1343 1344 1345 1346 1347 1356 1357 1358 1359 1360 1361 1362 1363 1364 1365 1366 1367 1368 1369 1370 1371 1372 1373 1374 1991 1992 1993 1994 1995 1996 1997 1998 1999 BG: 2 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 2078 2079 2080 2081 2082 2083 2084 2085 2086
4083
4084
JOURNAL OF THE HOUSE
2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2184 2186 2187 2188 2189 2190 2191 2192 2193 2194 2195 2196 2197 2198 2199 2200 2201 2202 2203 2204 2205 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3015 3016 3017 3018 3019 3020 3021 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 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3072 3074 3075 3076 3079 3080 3120 3121 3122 3123 3124 3125 3126 3127 3128 3129 3130 BG: 4 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4070 4071 4072 4073 4074 4075 4076 4077 4079 4080 4081 4082 4088 4099 4100 4101 4102
Pierce County
Wayne County Tract: 9703 BG: 5 5005 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 Tract: 9704 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 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 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039
WEDNESDAY, APRIL 10, 2002
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 BG: 3 Tract: 9706 BG: 2 2036 2037 BG: 3 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3053
District 141 Decatur County
Tract: 9701 Tract: 9702 BG: 1 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1061 1062 1063 1064 1065 1066 1068 1069 1998 BG: 2 Tract: 9703 BG: 1 1034 1035 1036 1037 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1077 1078 1079 1080 1081 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 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2067 2068 2072 2073 2074 2075 2081 2082 2083 2991 2992 2993 2994 2995 2996 2997 2998 2999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 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 3087 3088 3998 3999 BG: 4 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4043 4044 4045 4046 4047 4048 4049
4085
4086
JOURNAL OF THE HOUSE
4050 4051 4052 4053 4054 4055 4056 Tract: 9704 Tract: 9706 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1013 1014 1027 1028 BG: 3 3002 3003 3004 3005 3006 3007 3008 3009 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4027 4028 4036 4047 4048 4049 4050 4051 4052 4997 4998 4999 Tract: 9707 Tract: 9708
Grady County Tract: 9501 BG: 1 1010 1011 1014 1015 1016 1044 1045 1046 1053 1997 BG: 2 Tract: 9502 Tract: 9503 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1023 1024 1025 1026 1033 1035 1076 1077 1078 1079 1080 1081 1082 BG: 2 BG: 3 BG: 4 Tract: 9504 BG: 1 1007 1008 1009 1010 1011 1012 1013 1045 1046 1047 1998 1999 Tract: 9505 BG: 1 1007 1008 1009 1010 1011 1012 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1069 1070 1071 1072 1996 BG: 3 3022 3023 3024 3025 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3998 3999 BG: 4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012
WEDNESDAY, APRIL 10, 2002
4035 4036 4037 Tract: 9506 BG: 1 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 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1988 1989 1990 1992 1993 1996
Seminole County
District 148 Fannin County
Tract: 501 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 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 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 2998 Tract: 502 Tract: 503 Tract: 504 BG: 1 1024 1025 1026 1027 1028 1029 1031 1032 1033 1034 1038 1039 1040 1998 BG: 2 BG: 3 3003 3004 3005 3006 3007 3008 3009 3010 3011 3027 3028 3029 3030 3031 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 Tract: 505 BG: 1
4087
4088
JOURNAL OF THE HOUSE
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 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3074 3103 3105 3106 3108 3109 3110 3111 3112 3113 3114 3115 3116 3117 3118 3119 3120 3121 3122 3123 3124 3125 3126 3127 3128 3129 3130 3131 3132 3133 3134 3135 3136 3137 3138 3139 3140 3141 3142 3143 3144 3145 3146 3147 3148 3149 3150 3151 3152 3153 3154 3155 3156 3157 3158 3159 3160 3999
Gilmer County Tract: 801 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 2041 2043 2045 2049 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2131 2132 2133 Tract: 802 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 1082 1083 1999 BG: 2 BG: 3 Tract: 803 BG: 1 1003 1004 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1044 1045 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 BG: 3
WEDNESDAY, APRIL 10, 2002
BG: 4 4010 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4082 4083 Tract: 804 Tract: 805 BG: 2 2098 2099 2100 2101 2111 2112 2113 2114 2115 2116 2117 2118 2119
Murray County Tract: 101 Tract: 102 BG: 1 1000
Whitfield County Tract: 1.01 Tract: 1.02 Tract: 2 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1011 1012 1013 1014 1015 1016 1017 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Tract: 3.01 BG: 1 1000 1001 1004 1005 1006 1007 1008 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Tract: 3.02 BG: 1 1000 1001 BG: 2 2000 2001 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3020 3021 3022 Tract: 5.01 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012
4089
4090
JOURNAL OF THE HOUSE
Tract: 6 BG: 1 1003 1004 1007 1008 1009 1010 1011 1012 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1031 1032 1099 1100 1101 1997 BG: 2 2000 2001
District 149 Bartow County
Tract: 9601 BG: 2 2020 2021 2022 2023 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 Tract: 9602 BG: 1 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 1053 1054 1055 1056 1057 1999 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 9603 BG: 1 1004 1005 1021 1060 Tract: 9604 BG: 2 2034 2035 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3018 3019 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 BG: 5 Tract: 9605 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024
WEDNESDAY, APRIL 10, 2002
3025 3026 3027 3028 3029 3030 BG: 4 4000 4001 4014 4015 4016 4017 4018 4019 4020 4023 4024 4025 Tract: 9606 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 3025 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4017 Tract: 9607 BG: 2 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 BG: 3 3009 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 BG: 4 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5029 5030 5031 5032 5033 5034 5035 5036
Floyd County Tract: 1 Tract: 17.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1999 Tract: 17.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1057 1058 1059 1062 1063 1064 1065 1066 1067 1068 BG: 3 BG: 4 Tract: 6 Tract: 7 Tract: 8
4091
4092
JOURNAL OF THE HOUSE
Tract: 9 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1032 1033 1034 1035 1036 1038 1039 1043 1044 1045 1048 1049 1050 1051 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2010 2011 2999
District 150 Cherokee County
Tract: 901 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 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3073 BG: 4 4000 4001 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 Tract: 905.01 Tract: 905.02 Tract: 908.01 BG: 4 4000 4001 4002 Tract: 908.02 BG: 1 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008
Forsyth County Tract: 1301 BG: 1 1039 Tract: 1302 BG: 1 1008 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038
WEDNESDAY, APRIL 10, 2002
1039 1040 1041 1042 1043 1044 1045 1046 1997 1998 1999 BG: 2 2006 2007 2008 2009 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 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2079 2995 2996 2997 2998 2999 Tract: 1303 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2016 2018 2019 2020 2021 2022 2023 2024 2025 2041 2042 2043 2044 2045 2046 2047 2048 2049 2057 2058 2059 2060 2061 2062 2068 2069 2070 Tract: 1304.01 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 1041 1042 1997 1998 1999 BG: 2 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Tract: 1304.02 BG: 2 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 2050 2051 2052 2053 2054 2055 2056 2057 2058 2999 BG: 3 3007 3008 3009 3010 3011 3012 3013 3014
District 151 Cobb County
Tract: 304.06 BG: 1 1013 Tract: 305.01 BG: 2 2022 2023 2026 2027 2029 2031 2032 2033 2034 BG: 3 3027 3029 3031 3032 3033
4093
4094
JOURNAL OF THE HOUSE
BG: 4 4000 4001 4002 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 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 4076 4077 4081 4083 4084 Tract: 305.02 BG: 1 1016 1017 1018 1019 1020 1021 1022 1024 1025 1026 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 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2999 Tract: 305.04 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 Tract: 305.05 BG: 1 1010 1011 1016 1017 BG: 2 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 Tract: 306 BG: 1 1003 BG: 2 2041 2042 2044 2045 2046 2047 2048 2049 2050 2051 2052 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 BG: 5 5000 5001 5002 5003 5004 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5053 5056 5057 5997 5998 5999 Tract: 307 BG: 1 1000 1001 1002 1003 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 BG: 2
WEDNESDAY, APRIL 10, 2002
BG: 3 BG: 4 Tract: 308 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1027 BG: 2 2003 2005 2006 2007 2008 2009 2010 2012 2013 2014 2015 2016 2017 2018 2019 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3023 3024 3025 3026 3027 3028 3029 3030 3031 3037 3038 3039 3040 3041 3042 3043 Tract: 309.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1015 1016 1017 1018 1024 BG: 2 2000 2004 2005 2006 2010 2011 2012 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 BG: 3 3013 3015 BG: 4 4000 4001 4002 4003 4004 4005 4010 4011 4013 4014 Tract: 309.04 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4010 4011 4012 Tract: 310.01 Tract: 310.02 BG: 1 1000 1002 1016 BG: 2 2000 2001 2002 2003 2004 2005 2006 Tract: 310.04 BG: 1 1000 1001 1002 Tract: 311.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 Tract: 311.05
4095
4096
JOURNAL OF THE HOUSE
BG: 1 1000 1001 Tract: 311.08 BG: 3 BG: 4 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 Tract: 311.09 BG: 2
District 152 Cobb County
Tract: 309.04 BG: 4 4006 4007 4008 4009 Tract: 309.05 Tract: 310.02 BG: 1 1001 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1017 1018 1019 1020 1021 1022 1023 BG: 2 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 Tract: 310.04 BG: 1 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 BG: 2 BG: 3 Tract: 310.05 Tract: 311.06 BG: 5 Tract: 314.05 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2019 2020 2021 BG: 3 Tract: 315.01 BG: 1 1010 1011 1012 1017 Tract: 315.03 Tract: 315.04
WEDNESDAY, APRIL 10, 2002
BG: 1 BG: 3 3000 3001 3002 3003 3004 3005 3024 3025 3026 3027 3028 3029
District 153 Cobb County
Tract: 303.38 BG: 1 BG: 2 BG: 3 BG: 4 4010 Tract: 303.39 Tract: 304.01 BG: 3 3004 3005 3006 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 Tract: 304.02 BG: 3 3005 3006 3007 3008 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 Tract: 304.04 Tract: 304.05 Tract: 304.06 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 305.05 BG: 1 1007 1008 1012 1013 1014 1015 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 Tract: 308 BG: 1 1000 1001 1024 1025 1026 BG: 2
4097
4098
JOURNAL OF THE HOUSE
2000 2001 2002 2004 2011 Tract: 312.03 BG: 1 1000 1001 BG: 2 2000 2001 Tract: 312.04 BG: 2 2000 2001 2002 2003 2004 2021 2022 2023 2024 2025 2026 2067 2068 2998 2999
District 154 Cobb County
Tract: 303.38 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 Tract: 311.01 BG: 1 1019 1020 BG: 2 BG: 3 Tract: 311.05 BG: 1 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 BG: 2 Tract: 311.07 BG: 4 4041 4042 Tract: 311.08 BG: 1 BG: 2 BG: 4 4000 4001 4002 4003 4014 4015 4016 4017 4018 4019 Tract: 311.09 BG: 1 Tract: 311.10
WEDNESDAY, APRIL 10, 2002
Tract: 311.11 Tract: 311.12 Tract: 312.03 BG: 1 1003 1004 1005 1006 1007 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 1037 1038 BG: 2 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 2998 2999 Tract: 312.04 BG: 1 1010 1011 1012 1013 1014 1015 1026 1045 1046 1047 BG: 2 2037 2038 2039 2040 2041 2042 2043 2044
District 155 Fulton County
Tract: 100 Tract: 101.01 Tract: 101.09 BG: 7 BG: 8 8004 8005 8006 8007 8008 8009 8010 8011 8012 8013 8014 8015 8016 8017 8018 8019 8020 8021 8022 8023 8024 8025 8026 8027 Tract: 101.10 BG: 1 1000 1001 1002 1003 1004 1005 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 BG: 2 Tract: 102.06 BG: 4 4000 4001 4002 4003 4004 BG: 5 BG: 6 6011 6013 Tract: 102.07 BG: 1 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
4099
4100
JOURNAL OF THE HOUSE
2013 2014 BG: 3 3000 3001 3010 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4011 4014 4015 4016 4017 4018 4019 4020 4024 4996 4999 Tract: 96 BG: 1 BG: 2 2000 2002 2003
District 156 Fulton County
Tract: 1 BG: 1 BG: 3 3000 3004 3005 Tract: 2 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 Tract: 90 BG: 1 1000 1009 1010 1011 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3014 3015 Tract: 91 Tract: 92 Tract: 93 Tract: 94.01 Tract: 94.02 Tract: 95 Tract: 96 BG: 2 2001 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 BG: 4 BG: 5 BG: 8
District 157 Fulton County
WEDNESDAY, APRIL 10, 2002
Tract: 1 BG: 3 3001 3002 3003 3006 3007 3008 3009 3010 3011 3012 BG: 4 BG: 5 Tract: 10 Tract: 11 Tract: 12 Tract: 14 Tract: 15 Tract: 16 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 Tract: 19 BG: 2 2000 2001 2002 Tract: 2 BG: 1 1000 1010 1011 1012 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 21 BG: 1 1000 1001 1002 1003 1004 1008 1009 1010 1011 1012 1013 1014 Tract: 22 BG: 1 1000 1001 1002 1008 1009 1010 1011 1012 1013 1014 BG: 2 2000 2001 2002 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Tract: 26 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 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 Tract: 30 BG: 1
4101
4102
JOURNAL OF THE HOUSE
1000 Tract: 36 Tract: 38 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2010 2011 2012 BG: 4 4000 4001 4002 4003 Tract: 4 Tract: 5 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 1037 1038 1039 BG: 2 Tract: 6
District 158 Fulton County
Tract: 22 BG: 1 1003 1004 1005 1006 1007 1015 1016 1017 1018 1019 1020 1021 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2026 2027 2028 2029 2030 2031 Tract: 23 Tract: 24 Tract: 25 Tract: 38 BG: 2 2009 Tract: 39 Tract: 40 Tract: 41 Tract: 42 Tract: 43 BG: 3 3001 3002 Tract: 5 BG: 1 1034 1035 1036 1040 1041 1042 1043 1044 1045 1046 1047 1048
WEDNESDAY, APRIL 10, 2002
1049 1050 Tract: 60 BG: 1 BG: 2 BG: 3 Tract: 61 BG: 2 Tract: 62 Tract: 7 Tract: 8 Tract: 81.02 BG: 1 BG: 2 2008 2009 2010 2011 2012 Tract: 83.02 BG: 1 1000 1001 Tract: 84 Tract: 85 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2015 2016 2017 2018 2019 BG: 3 3015 3016 3019 3020 3021 3022 3023 3024 3025 Tract: 88 BG: 1 1048 1050 Tract: 89.02 BG: 1 BG: 3 3000 3001 3002 3003 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 BG: 4 Tract: 90 BG: 3 3016 3017
District 159 Clayton County
Tract: 405.14
4103
4104
JOURNAL OF THE HOUSE
Fayette County Tract: 1401.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1997 Tract: 1401.02 Tract: 1402.03 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2021 2022 2024 2025 2026 2027 2028 2029 Tract: 1402.04 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 2023 2024 2025 2026 2027 2028 2029 2999 BG: 3 3000 3001 3002 3003 Tract: 1402.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1013 1014 BG: 2 2011 Tract: 1402.06 BG: 1 1026 1027 Tract: 1404.03 Tract: 1404.04 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 1999 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 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2997 2998 2999 Tract: 1404.05 BG: 1
WEDNESDAY, APRIL 10, 2002
1003 1004 1005 1009 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2021 2022 2023 2024 Tract: 1404.06 Tract: 1404.07 Tract: 1404.08
District 160 Fayette County
Tract: 1401.01 BG: 1 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1048 1049 1050 1051 1052 1053 1054 1055 1998 1999 BG: 2
Fulton County Tract: 103.01 BG: 7 7018 7022 7023 7024 7025 7026 7037 7038 7039 7040 7041 7042 7043 7044 7045 7046 7047 7048 7049 7050 7051 7052 7053 7054 7055 7056 Tract: 104 Tract: 105.07 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 BG: 3 3008 3009 3010 3012 3013 3014 3015 3016 3017 3018 3019 3999 Tract: 105.08 Tract: 105.09 Tract: 105.10 Tract: 105.11 BG: 4 4009 Tract: 105.12 BG: 5 5003 5004 5011 5012 5013 5014 5015 5016 5017 BG: 6 6000 6002 6003 6004 6006 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027
4105
4106
JOURNAL OF THE HOUSE
6028 6029 6030 6031 6032 6035 6036 6037 6038 6999 Tract: 105.13 BG: 2 2045 BG: 7 7016 7019 7020 7021 7022 7023 7024 7045 7046 7047 7048 7049 BG: 8 8000 8001 8002 8003 8004 8005 8006 8007 8008 8009 8011 8012 8013 8015 8016 8017 8018 8019 8020 8021 8022 8023 8024 8025 8026 8027 8028 8029 8030 8031 8032 8033 8034 8035 8036 8037 8038 8039 8040 8041 8042 8043 Tract: 105.14 BG: 4 4030 4033 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 4072 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4090 4091 4092 4093 BG: 6
District 161 Fulton County
Tract: 103.01 BG: 6 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 BG: 7 7009 7031 7032 Tract: 103.04 BG: 5 5000 5006 5007 5008 5009 5010 5011 5012 5013 5016 5030 5031 5033 5034 5035 5036 5037 5038 5039 5040 5041 Tract: 105.07 BG: 1 1000 1001 1002 1003 1998 1999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3011 BG: 9 Tract: 105.11 BG: 1 BG: 2 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008
WEDNESDAY, APRIL 10, 2002
Tract: 105.12 BG: 5 5000 5001 5002 5005 5018 BG: 6 6001 6005 6007 6008 6033 6034 Tract: 105.13 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 2030 2031 2033 2034 2052 2056 2057 Tract: 105.14 BG: 4 4000 4001 4002 4003 4004 4005 4008 4011 4012 4013 Tract: 106.01 BG: 2 2004 2005 2006 2007 2008 2009 2010 2011 2012 BG: 3 3001 3002 3003 3004 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3019 Tract: 106.03 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 1048 1049 1050 1051 1054 1055 1997 1998 1999 BG: 2 Tract: 106.04 Tract: 113.01 BG: 5 5002 5003 Tract: 113.03 BG: 1 1015 BG: 2 2002 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 BG: 3 BG: 4 Tract: 113.04 Tract: 77.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1012 1013 BG: 2
4107
4108 BG: 3
JOURNAL OF THE HOUSE
District 162 DeKalb County
Tract: 217.03 BG: 1 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4018 4019 4020 4021 4022 4023 4024 4025 4999 Tract: 217.04 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3023 3024 3025 BG: 9 9001 9002 9003 9012 9013 9014 9015 9016 9017 9018 9019 9020 9021 Tract: 217.05 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 Tract: 218.05 BG: 2 Tract: 218.06 BG: 1 1004 1005 1023 1024 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 BG: 3 3002 3003 3004 3005 3006 3007 3008 Tract: 218.08 Tract: 218.09 Tract: 218.10 Tract: 218.11 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2014 Tract: 218.12 Tract: 220.01 BG: 1 1013
WEDNESDAY, APRIL 10, 2002
BG: 4 4000 4001 4002 4003 4005 4006 4007 4008 4009 4010 4011 Tract: 222 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1018 1019 1020 1021 BG: 2 2003 2004 2007 BG: 3 3000 3001 3002 3003 3004 3011 3012 3013 3014 3015 3019 3020 3021 3022 Tract: 223.02 BG: 1 1000 1001 1002 1003 1004 BG: 2 2000 BG: 3 3002
District 163 Henry County
Tract: 701.02 BG: 1 1023 1024 1025 1081 1082 1083 Tract: 701.04 Tract: 701.05 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 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1138 1139 1143 1144 1145 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 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
4109
4110
JOURNAL OF THE HOUSE
2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2041 2042 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 3026 3027 Tract: 701.06 BG: 1 BG: 2 2009 2010 2011 2012 2013 2021 2022 2023 2024 2999 Tract: 702.01 BG: 1 1036 1037 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 Tract: 703.03 BG: 1 1000 BG: 2 2035 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2065 2066 2067 2068 2069 BG: 3 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 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 Tract: 703.04 BG: 1 1006 1008 1009 1010 1028 1029 1049 1050 1997 1998 1999 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 3030 3031 3032 3033 3034 3035 3036 Tract: 703.05 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Tract: 703.06 BG: 1 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015
WEDNESDAY, APRIL 10, 2002
1016 1017 1021 1022
District 164 Clayton County
Tract: 404.10 BG: 9 9000 9001 9002 9003 9011 9012 9013 9014 9015 9016 9017 9018 9019 9020 9021 9023 9024 9026 9027 9028 9029 9030 9031 9032 9033 9034 9035 9036 9037 9038 9039 9040 9041 9042 9043 9044 9045 9046 9047 9048 9049 9050 9051 9052 9053 9054 9055 9056 9057 Tract: 404.11 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4026 4027 4028 4029 4030 4031 4032 4033 4034 4036 4037 4038 4041 BG: 5 5001
DeKalb County Tract: 234.04 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 BG: 4 BG: 5 Tract: 234.05 BG: 1 1001 1002 1003 1004 1005 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1998 BG: 2 Tract: 234.10 BG: 2 BG: 9 9002 9003 9006 9007 Tract: 234.11 Tract: 236.01 BG: 1
4111
4112
JOURNAL OF THE HOUSE
1001 1002 1003 1004 1005 BG: 2 2004 2005 2006 2007 BG: 3 3000 3001 3003 3004 3005 3006 3007 3008 3009 3010 BG: 4 4008 4010 Tract: 236.02 Tract: 236.03
Henry County Tract: 701.01 BG: 1 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 1073 1074 1075 1076 1077 1078 1079 1080 1081 Tract: 701.02 BG: 1 1006 1007 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1003 1004 1005 1008 1009 1010 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 1999
District 165 Henry County
Tract: 701.02 BG: 2 Tract: 701.05 BG: 1 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1140 1141 1142 1146 BG: 2 2000 2001 2002 2003 2039 2040 BG: 3 3024 3025 Tract: 701.06 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2014 2015 2016
WEDNESDAY, APRIL 10, 2002
2017 2018 2019 2020 Tract: 702.01 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 1038 1039 BG: 2 Tract: 702.02 BG: 1 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2025 2026 2027 2028 2029 2998 2999 Tract: 702.03 BG: 1 1018 1019 1020 1021 1022 1023 1026 1027 1028 1029 Tract: 703.03 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 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 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 2036 2037 2038 2039 2040 2041 2042 2043 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 BG: 3 3000 3001 3002 3003 3004 3005 3006 Tract: 703.04 BG: 1 1000 1001 1002 1003 1004 1005 1007 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048
4113
4114
JOURNAL OF THE HOUSE
Rockdale County Tract: 602.02 BG: 2 2026 BG: 6 BG: 7 7001 7002 7003 7004 7005 7006 7007 7008 7009 7010 7011 7012 7013 7014 7015 7016 7017 7018 7019 7020 7021 7998 7999 Tract: 603.04 BG: 6 6054 Tract: 604.03 BG: 1 1000 1001 1002 1003 1004 1005 1009 1010 1011 1012 1013 1014 1015 1016 BG: 2 BG: 3 Tract: 604.05 BG: 1 1005 1006 1007 1008 1010 1011 1012 1013 1014 1015 1016 BG: 2 BG: 3 Tract: 604.06 BG: 2 2015 2016 2017 2018 Tract: 604.07 BG: 2 2000 2001 BG: 3 3000
District 166 DeKalb County
Tract: 234.05 BG: 1 1999 BG: 3 BG: 4 Tract: 234.12 BG: 2 2010 2011 Tract: 234.13
WEDNESDAY, APRIL 10, 2002
BG: 1 1000 1001 1006 1007 1008 1009 1010 1011 1012 1013 BG: 2 Tract: 234.14 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1015 BG: 2 BG: 3 Tract: 234.15 Tract: 234.16 Tract: 234.17 BG: 3 3006 BG: 4 Tract: 234.18 BG: 2
Henry County Tract: 701.01 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 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 Tract: 701.02 BG: 1 1000 1001 1002
District 167 DeKalb County
Tract: 232.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 BG: 2 2000 2001 2002 2003 2004 2007 2008 2009 2010 2011 2999 Tract: 232.10 BG: 2 BG: 3 Tract: 232.11 BG: 1
4115
4116
JOURNAL OF THE HOUSE
1000 1001 1002 1003 1004 1005 1006 BG: 2 Tract: 232.12 Tract: 233.06 BG: 1 1012 1015 1016 1017 Tract: 233.07 BG: 1 BG: 2 BG: 3 BG: 4 Tract: 233.09 Tract: 233.10 BG: 1 BG: 2 Tract: 234.17 BG: 1 BG: 2 BG: 3 3002 3003 3004 3005
District 168 DeKalb County
Tract: 219.02 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2012 Tract: 219.06 BG: 1 1000 1001 1002 1003 1004 1006 1009 1010 1011 1012 BG: 2 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 BG: 3 3000 3001 3002 3003 3004 3005 3006 3018 3019 3020 3021 Tract: 219.07 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1019 1020 1021 1022 1023 1997 1998 1999 BG: 3 3000 3001 3002 3003 3004 3025 3026 3027 3033 3034 3035 3036 3037 3038 3997 3998 3999
WEDNESDAY, APRIL 10, 2002
Tract: 219.08 BG: 3 3001 Tract: 232.08 BG: 1 1000 1001 1002 1003 1004 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 BG: 2 BG: 3 Tract: 232.09 Tract: 232.10 BG: 1 Tract: 233.05 Tract: 233.06 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1013 1014 1018 1019 1020 1021 1022 1999
Gwinnett County Tract: 504.15 BG: 1 1000 1001 1002 1004 1005 1006 1007 1008 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2010 2011 2012 Tract: 504.16 BG: 1 1000 1001 1002 1003 1004 BG: 3 BG: 6
District 169 Gwinnett County
Tract: 501.04 BG: 6 6000 6001 6033 6034 6100 6101 6102 6110 6111 6115 6116 Tract: 501.06 BG: 5 BG: 6 6000 6001 6002 6003 6004 6005 6006 6010 6025 6026 6027 6028 6029 6030 6031 6032 6033 6034 6036 6037 6038 6039 6040 6041 6042 6043 6044 6045 6046 6052 6053 6054 6055 6056 6057 BG: 7
4117
4118
JOURNAL OF THE HOUSE
7000 7001 7002 7003 7004 7005 7006 7007 7008 7009 7048 7049 7050 Tract: 502.02 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 1032 1033 1034 1035 1065 1066 1069 1070 1071 1072 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 1999 Tract: 505.13 BG: 2 Tract: 505.14 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1017 1018 1019 1020 1021 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 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 2047 2050 2051 2057 2058 2999 Tract: 506.02 BG: 3 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3050 3051 3052 3053 3054 3067 3068 Tract: 506.03 BG: 1 1028 1029 1030 1031 1037 1038 1039 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 BG: 2 Tract: 506.04 BG: 1 BG: 2 2051 2052 2053 2067 2068 2069 BG: 3 3008
WEDNESDAY, APRIL 10, 2002
District 170 Gwinnett County
Tract: 504.03 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 Tract: 504.17 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 BG: 2 Tract: 504.18 Tract: 504.19 Tract: 504.20 Tract: 504.21 Tract: 504.22
District 171 Gwinnett County
Tract: 504.03 BG: 9 9015 9016 9017 9020 9021 9022 9023 9024 9025 Tract: 504.15 BG: 1 1003 BG: 2 2009 Tract: 504.25 Tract: 504.26 Tract: 504.27 Tract: 504.28 Tract: 504.29 BG: 1 1000 1001 1002 1003 1004 1014 1015 1016 1017 1999 BG: 4 4019 4020 4999 BG: 7 Tract: 504.30 BG: 3 3000 3001 3002 3003 3008 3009 3010 3011 3012 3013 3014 3015 3016 BG: 5 5013 5014 5999
4119
4120
JOURNAL OF THE HOUSE
Tract: 507.12 BG: 1 1015 1019 BG: 2 BG: 3 Tract: 507.13 BG: 2 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Tract: 507.14 Tract: 507.15 Tract: 507.18 BG: 1 BG: 2 2022 2023 2025 2026 2027
District 172 Gwinnett County
Tract: 505.09 BG: 2 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Tract: 505.13 BG: 3 3018 3019 3020 3021 3022 3040 3041 3042 3043 3044 3045 3046 3047 Tract: 505.14 BG: 2 2044 2045 2046 2048 2049 2052 2053 2054 2055 2056 2059 2060 2061 Tract: 505.15 BG: 2 2000 2001 2002 2003 2004 2005 2008 2009 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Tract: 505.16 Tract: 505.20 Tract: 505.21 Tract: 505.22 Tract: 507.05 BG: 1 1017 1018 1019 Tract: 507.12
WEDNESDAY, APRIL 10, 2002
BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1018 1020 Tract: 507.13 BG: 1 BG: 2 2000 2001 2002 2003 2019 2020 2021 2022 2999 Tract: 507.18 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 2028 BG: 3 Tract: 507.20 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 BG: 3 BG: 4 Tract: 507.21 BG: 8 8002
District 173 Gwinnett County
Tract: 507.04 BG: 1 1000 1001 1002 1005 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1072 1073 1074 1075 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1092 1093 1094 1095 1096 1097 BG: 2 2000 2001 2002 2003 2004 2005 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Walton County Tract: 1101 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
4121
4122
JOURNAL OF THE HOUSE
1060 1061 1062 1063 1064 1065 1066 1067 1068 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 BG: 2 2001 2002 2003 2004 2005 2008 2009 2010 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 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2056 2057 2058 2059 2060 2998 2999 Tract: 1102 BG: 1 1034 1035 Tract: 1103 BG: 2 2026 2027 2028 2029 2030 2033 2034 2035 2036 2037 Tract: 1104 BG: 1 1009 1010 1011 1012 1013 1014 1996 BG: 2 2034 2035 2036 2037 2041 Tract: 1105.01 Tract: 1105.02 Tract: 1106 Tract: 1107 BG: 1 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 1997 1998 1999 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 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 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2079 2080 2999 Tract: 1108 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1047 1053
WEDNESDAY, APRIL 10, 2002
District 174 Fayette County
Tract: 1402.03 BG: 2 2013 2014 2015 2016 2017 2018 2019 2020 2023 2030 2031 Tract: 1402.04 BG: 2 2030 2031 2032 2033 2034 2035 2036 BG: 3 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 Tract: 1402.05 BG: 2 2000 2001 2002 2003 2004 2005 2014 2015 2016 2017 2018 2019 2020 2995 2996 2997 2998 2999 Tract: 1402.06 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 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2998 2999 Tract: 1403.03 BG: 1 1001 1002 1003 1004 1008 1009 1010 1011 1012 1013 1014 1015 1017 1018 BG: 2 Tract: 1403.04 Tract: 1403.05 Tract: 1403.06 Tract: 1403.07 Tract: 1404.04 BG: 1 1998 BG: 2 2030 2031 Tract: 1404.05 BG: 1 1000 1001 1002 1006 1007 1008 1010 1011 1012 1013 1999 BG: 2 2020
4123
4124
JOURNAL OF THE HOUSE
Tract: 1405.01 BG: 1 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1043 1044 1045 1046 1047 1996 Tract: 1405.02 BG: 1 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 BG: 2 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 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2996 2997 2998 2999
Spalding County Tract: 1605 BG: 2 2064 2070 2071 2072 2073 2074 2996 Tract: 1606 BG: 2 2048 2053 2054 2055 2058 2059 2060 2061 2062 2063 2064 2065 BG: 3 Tract: 1607 BG: 5 5016 5017 5020 5021 5049 5050 5051 5062 5063 5064 5072 5073 5074 5075 5076 5077 5078 5079 5080 5081 5082 5083 5084 5085 5999 Tract: 1608 BG: 2 2065 2066 2067 2069 2070 2071 Tract: 1609 BG: 2 2012 2013 2014 2029 2040 2041 2044 2045 2056 BG: 3 3027 3028 3029 3030 3031 3033 3034 3035 3037 3038 3039 3040 3044 3045 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 Tract: 1610 BG: 2 2023 2024 2025 2026 2043 2044 2045 2051 2052 Tract: 1611
WEDNESDAY, APRIL 10, 2002
BG: 1 BG: 2 2007 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2036 2037 2039 2040 2041 2042 2043 2044 2045 2047 2048 2049 2050 Tract: 1612 BG: 1 BG: 2 2000 2001 2014 2015 2023 BG: 3 3000 3008 3009 3023 3025 3026 3027 3028 3036 3037 3038 3039 3040 BG: 4 4000 4001 4002 4003 4004 4005 4006 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
District 175 Clayton County
Tract: 405.17 BG: 2 2003 Tract: 406.06 Tract: 406.07 Tract: 406.08 Tract: 406.12 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: 2 2017 2018 2019 2020 2021 2022 2023 2024 2029 2999 BG: 3 Tract: 406.14 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4038 4996 4997 4998 4999
4125
4126
JOURNAL OF THE HOUSE
BG: 5
Henry County Tract: 703.05 BG: 2 2010 2011 2012 2013 2014 2015 2016 2017 Tract: 703.06 BG: 1 1018 1019 1020 1023 1024 1025 Tract: 705 BG: 1 BG: 2 BG: 3 3002 3003 3004 3005 3006 3007 3008 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 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3071 3072 3997 3998 3999 BG: 4
District 176 Carroll County
Tract: 9903 BG: 3 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3061 3062 3063 3064 3065 3066 3067 3068 3069 3071 3072 3073 3074 3075 3076 3077 3998 Tract: 9904 BG: 1 BG: 2 BG: 3 3000 3001 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 3030 3031 3032 3033 3034 3035 3036 3037 3038 3998 3999 Tract: 9905.01 BG: 1 1036 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2014 2015
WEDNESDAY, APRIL 10, 2002
2016 2017 2018 2024 2030 2031 2032 2033 2034 2035 2036 BG: 3 Tract: 9908 BG: 1 1016 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 1057 1058 1059 1060 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 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 2052 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2068 Tract: 9909 BG: 1 1021 1025 1026 1027 1028 1058 1059 1060 1061 1062 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 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 Tract: 9911 BG: 3 3012 3013 3014 3016 3017 BG: 4 BG: 5 5002 5003 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5031 5997 Tract: 9912
Coweta County Tract: 1701 BG: 2 2000 Tract: 1702 BG: 3 3012 3013 3014 3015 3016 3017 3018 3019 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 Tract: 1703.02 BG: 1 Tract: 1706 BG: 2
4127
4128
JOURNAL OF THE HOUSE
BG: 3 BG: 4 4000 4001 4002 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 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4999 BG: 5 5009 5010 5011 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5999 Tract: 1707 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1010 1011 1012 1013 1014 1015 1016 BG: 2 2000 2001 2002 2003 2004 2005 2006 2014 BG: 3 BG: 4 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 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 BG: 5 Tract: 1708 BG: 1 1031 1032 1035 1036 1037 1045 1046 1048 1049 1050 1051 1052 1053 1057 1058 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 BG: 2 2017 2018 2019 2024 2025 2026 2027 2029 BG: 4 4009 4010
Heard County
District 177 Appling County
Jeff Davis County
Tattnall County Tract: 9902 BG: 1
WEDNESDAY, APRIL 10, 2002
1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1101 1102 1994 1996 BG: 2 2006 2007 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 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 2998 2999 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 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 BG: 4 BG: 5 Tract: 9903 BG: 1 1051 BG: 2 2049 2052 2053 2064 2065 2066 2067 2068 2069 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2997 2998 2999 BG: 4 4000 4001 4002 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 4028 Tract: 9904 BG: 1 1008 1009 1010 1011 1012 1013 1014 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 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 1997 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 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
4129
4130
JOURNAL OF THE HOUSE
2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2990 2991 2992 2993 2994 2995 2996 2997 2998 2999 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4025 4026 4027 4028 4029 4030 4031 4032 BG: 5 5017 5018 5019 5020 5021 5022 5023 5027 5028 5029 5033 5034 5035 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5068 5069 5070 5071 5080 5081 5083 5084 5085 5086 5087 5998 5999
Telfair County Tract: 9501 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 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 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1998 1999 BG: 5 5047 5048 5049 5052 5053 5054 Tract: 9502 BG: 1 1000 1066 1067 1068 1069 1070 1071 BG: 2 2032 2083 2084 2094 2095 2096 2097 2993 2999 Tract: 9503 Tract: 9504
District 178 Chatham County
Tract: 105.01 BG: 2 2041 2042 2043 BG: 3 BG: 4
WEDNESDAY, APRIL 10, 2002
BG: 5 Tract: 105.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1012 1013 1014 1015 1016 1017 1033 1034 1035 1999 BG: 2 2000 2012 Tract: 109.01 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3999 Tract: 12 Tract: 13 BG: 1 1000 1015 1016 1017 1018 1019 1021 1022 1023 1024 BG: 2 Tract: 15 Tract: 18 Tract: 19 Tract: 23 Tract: 24 Tract: 25 Tract: 26 BG: 1 1007 1008 1020 1021 1022 1023 1026 1027 1028 BG: 2 2003 2004 2011 2012 2020 2021 Tract: 33.01 Tract: 33.02 BG: 1 BG: 2 2000 2001 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Tract: 40.01 BG: 1 1018 1020 Tract: 42.02 BG: 1 BG: 2 Tract: 42.05 BG: 1 BG: 2
4131
4132
JOURNAL OF THE HOUSE
BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3015 3016 3017 3018 BG: 4 BG: 5 BG: 6 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6998 6999 Tract: 42.07 Tract: 42.08 Tract: 43 Tract: 45 BG: 1 1008 1009 Tract: 6.01 BG: 5 5010 5011 5012 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5064 5065 5066 5067 5068 5069
District 179 Glynn County
Tract: 10 BG: 4 4041 4043 4046 4055 4056 4057 4993 4997 BG: 5 5060 5061 5062 5998 Tract: 4.01 BG: 1 1000 1001 1050 1051 1052 1999 Tract: 4.02 BG: 2 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2026 2029 2030 2998 2999 BG: 3 3007 3008 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 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3998 BG: 4 4000 4001 4002 4003 4004 4005 Tract: 6 BG: 2
WEDNESDAY, APRIL 10, 2002
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2022 2030 BG: 5 5000 5001 5002 5003 5033 Tract: 7 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 1025 1026 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 BG: 2 BG: 3 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 BG: 4 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 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4999 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5016 5025 5026 5027 5028 5029 5030 5031 BG: 6 6000 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 6033 6034 6035 6036 6037 6038 6039 6040 6041 6042 6043 6044 6045 6046 6052 6053 6996 6997 6998 BG: 7 BG: 8 8002 8003 8004 8005 8006 8007 8008 8009 8010 8011 8012 8013 8014 8015 8016 8017 8018 8019 8022 8023 8024 8025 8026 8027 8028 8029 8030 8031 Tract: 8 BG: 1 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1035 1036 1037 1038 1039 1040 1041 1042 1047 BG: 3 3019 3020 3021 3022 3023 3024 3025 3026 3028 3029 3030 3035 3036 3037 3047 3048 3052 3054 3055 3056 3057 3998 3999 BG: 4 4005 4006 4007 4008 4009 4010 4011 4028 4029 4030
4133
4134
JOURNAL OF THE HOUSE
Tract: 9 BG: 1 1018 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2021 2023 2024 2026 2027 2028 2029 2032 2040 2041 2999 BG: 3 3009 3010 3011 3012 3013 3014 3015 3016 3019 3020 3021 3038 BG: 5 5020 5021 5022 BG: 6 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 6034 6035 6036 6037 6038 6039 6040 6041 6042 6043 6044 6045 6046 6047 6048 6049 6050 6051 6052 6053 6054 6055 6056 6057 6058 6059 6060 6061 6062 6063 6064 6065 6999
Liberty County Tract: 102.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1019 1020 1021 1022 1023 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 BG: 2 2006 2007 2008 2009 2010 2011 2012 2013 2056 2057 2058 2059 2060 2061 2062 2063 2073 2074 Tract: 102.04 BG: 1 1007 1008 1039 1040 1041 1042 1043 1044 1045 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 BG: 2 2021 2022 2023 2024 Tract: 106 BG: 1 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1033 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 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
WEDNESDAY, APRIL 10, 2002
Long County Tract: 9801 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 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 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1223 1224 1225 1226 1227 1228 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1242 1243 1244 1251 1252 1261 1262 1263 1264 1265 1996 1997 1998 1999 BG: 2 2010 2012 2013 2014 2015 2016 2018 2019 2020 2021 2022 2026 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2087 2099 2100 2101 2102 2103 2110 2111 2112 2113 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 Tract: 9802 BG: 1 1000 1001 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 BG: 2 BG: 3
Wayne County
4135
4136
JOURNAL OF THE HOUSE
Tract: 9701 Tract: 9702 Tract: 9703 BG: 1 BG: 2 BG: 3 BG: 4 BG: 5 5000 5001 5002 5003 5004 5006 5007 Tract: 9704 BG: 1 1008 1009 1010 1011 1012 1013 1014 1015 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 1098 1099 1100 1101 1102 BG: 2 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2070 Tract: 9705 Tract: 9706 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 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 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 3030 3031 3032 3033 3034 3035 3036 3050 3051 3052 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3997 3998 3999
District 180 Grady County
Tract: 9501 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1012 1013 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 1047 1048 1049 1050 1051 1052 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068
WEDNESDAY, APRIL 10, 2002
1069 1998 1999 Tract: 9503 BG: 1 1022 1027 1028 1029 1030 1031 1032 1034 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 Tract: 9504 BG: 1 1000 1001 1002 1003 1004 1005 1006 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 1048 1049 1050 1051 1052 1053 BG: 2 BG: 3 BG: 4 Tract: 9505 BG: 1 1000 1001 1002 1003 1004 1005 1006 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1997 1998 1999 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 3026 BG: 4 4000 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4038 Tract: 9506 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1112 1991 1994 1995 1997 1998 1999
Thomas County Tract: 9602 BG: 1 1012 1013 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
4137
4138
JOURNAL OF THE HOUSE
1073 1999 BG: 2 2000 2001 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 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2998 2999 Tract: 9603 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1028 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 BG: 2 Tract: 9604 BG: 1 1000 1001 1002 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 BG: 2 Tract: 9605 Tract: 9606 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4999 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5999 Tract: 9607 Tract: 9608 BG: 1 1003 1004 1007 1008 1010 1011 1012 BG: 2 BG: 3 BG: 4 BG: 5
WEDNESDAY, APRIL 10, 2002
5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5018 5023 Tract: 9609 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1036 1038 BG: 2 2002 2018 2019 2021 2022 2023 2025 BG: 3 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 Tract: 9610 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2014 2015 2016 2017 BG: 3 3000 3001 3002 3003 3004 3005 3030 3031 3035 3036 3037 3038 3039 Tract: 9611 BG: 2 2000 2001 2002 2003 2004 2006 2009 2010 2012
4139
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
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 N Buckner Y Bulloch Y Bunn
Y Cox Y Crawford N Cummings
Davis Y Day N Dean N Deloach, B Y Deloach, G
Dix N Dodson N Drenner
Dukes E Ehrhart N Epps Y Everett N Floyd Y Forster Y Franklin N Gardner Y Golick Y Grasse Y Graves
Y Hudgens Hudson, N
N Hudson, S N Hugley Y Irvin E 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 Mueller Y Muntean 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
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 N Stokes N Taylor N Teague N Teper N Tillman N Turnquest N Twiggs
4140
Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers
Coan E Coleman, B N Coleman, T Y Collins N Connell Y Cooper
JOURNAL OF THE HOUSE
N Greene Y Hammontree N Hanner E Harbin N 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 E McBee N McCall N McClinton
McKinney Y Millar Y Mills N Mobley N Morris N Mosley
N Roberts, L N Rogers N Royal
Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper
On the adoption of the amendment, the ayes were 67, nays 96. The amendment was lost.
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 N Wix Y Yates
Murphy, Speaker
The following amendment was read:
Representative Jennings of the 63rd moves to amend the Senate amendment to HB 1667 by inserting between "law;" and "to" on line 6 of page 1 the following:
"to amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, so as to change certain provisions regarding the composition and number of state representative districts;".
By striking "an effective date" and inserting in its place "effective dates" on line 7 of page 1.
By inserting between lines 28 and 29 of page 2 the following:
"SECTION 2A. Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, is amended in subsection (a) by striking the description of representative districts 42 and 56 and inserting in its place the description of representative districts 42 and 56 and by adding at the end thereof the description of representative district 149 attached to this Act and made a part hereof and further identified as: 'Plan Name: jennings Plan Type: House User: Blake Administrator: H104'."
WEDNESDAY, APRIL 10, 2002
4141
By striking lines 29 through 33 of page 2 and inserting in their place the following:
"SECTION 3. (a) Except as otherwise provided in subsection (b) of this section, subject to the provisions of Section 1 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to future elections for the Georgia State Senate to the extent provided for in Section 1 of this Act. (b) Section 2A of this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval."
District 042 DeKalb County
Tract: 214.01 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 BG: 2 BG: 3 BG: 4 4005 4006 4007 4008 4009 4010 4011 4012 4013 Tract: 214.05 BG: 2 2027 2030 2036 Tract: 215.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1013 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 Tract: 215.02 Tract: 216.01 BG: 3 3005 3006 3007 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3999 BG: 4 Tract: 216.02 Tract: 216.03 Tract: 217.04 BG: 3 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 Tract: 223.01 BG: 1
4142
JOURNAL OF THE HOUSE
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1022 BG: 2 2000 2001 2002 2003 2004 2006 BG: 3 3000 3001 3002 3003 3004 3010 3011 Tract: 223.02 BG: 1 1005 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 BG: 3 3000 3001 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 Tract: 224.02 BG: 2 2000 2001 2005 2006 2007 2008
Fulton County Tract: 1 Tract: 10 Tract: 100 Tract: 101.01 Tract: 101.09 BG: 7 BG: 8 8004 8005 8006 8007 8008 8009 8010 8011 8012 8013 8014 8015 8016 8017 8018 8019 8020 8021 8022 8023 8024 8025 8026 8027 Tract: 101.10 BG: 1 1000 1001 1002 1003 1004 1005 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 BG: 2 Tract: 102.06 BG: 4 4000 4001 4002 4003 4004 BG: 5 BG: 6 6011 6013 Tract: 102.07 BG: 1 BG: 2
WEDNESDAY, APRIL 10, 2002
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 BG: 3 3000 3001 3010 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4011 4014 4015 4016 4017 4018 4019 4020 4024 4996 4999 Tract: 11 Tract: 12 Tract: 14 Tract: 15 Tract: 16 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 Tract: 19 BG: 2 2000 2001 2002 Tract: 2 Tract: 21 BG: 1 1000 1001 1002 1003 1004 1008 1009 1010 1011 1012 1013 1014 Tract: 22 BG: 1 1000 1001 1002 1008 1009 1010 1011 1012 1013 1014 BG: 2 2000 2001 2002 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Tract: 26 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 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 Tract: 30 BG: 1 1000 Tract: 36 Tract: 38 BG: 1 BG: 2
4143
4144
JOURNAL OF THE HOUSE
2000 2001 2002 2003 2004 2005 2006 2007 2010 2011 2012 BG: 4 4000 4001 4002 4003 Tract: 4 Tract: 5 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 1037 1038 1039 BG: 2 Tract: 6 Tract: 90 BG: 1 1000 1009 1010 1011 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3014 3015 Tract: 91 Tract: 92 Tract: 93 Tract: 94.01 Tract: 94.02 Tract: 95 Tract: 96
District 056 DeKalb County
Tract: 217.03 BG: 1 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4018 4019 4020 4021 4022 4023 4024 4025 4999 Tract: 217.04 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3023 3024 3025 BG: 9 9001 9002 9003 9012 9013 9014 9015 9016 9017 9018 9019 9020 9021 Tract: 217.05
WEDNESDAY, APRIL 10, 2002
BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 Tract: 218.05 BG: 2 Tract: 218.06 BG: 1 1004 1005 1023 1024 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 BG: 3 3002 3003 3004 3005 3006 3007 3008 Tract: 218.08 Tract: 218.09 Tract: 218.10 Tract: 218.11 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2014 Tract: 218.12 Tract: 220.01 BG: 1 1013 BG: 4 4000 4001 4002 4003 4005 4006 4007 4008 4009 4010 4011 Tract: 222 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1018 1019 1020 1021 BG: 2 2003 2004 2007 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 BG: 4 4021 Tract: 223.02 BG: 1 1000 1001 1002 1003 1004 BG: 2 2000 BG: 3 3002
4145
4146
JOURNAL OF THE HOUSE
District 149 DeKalb County
Tract: 201 Tract: 202 Tract: 203 Tract: 204 Tract: 207 BG: 2 2004 Tract: 215.01 BG: 1 1012 1014 1015 1016 BG: 4 4004 4005 Tract: 221 BG: 2 2038 Tract: 222 BG: 4 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 Tract: 223.01 BG: 1 1020 1021 1023 1024 1025 BG: 2 2005 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 BG: 3 3005 3006 3007 3008 3009 3012 3013 3014 3015 BG: 4 Tract: 224.01 Tract: 224.02 BG: 1 BG: 2 2002 2003 2004 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Tract: 224.03 Tract: 225 Tract: 226 Tract: 227
WEDNESDAY, APRIL 10, 2002
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 BG: 4 Tract: 228 BG: 1 1000 1001 1002 1003 1007 1008 1009 BG: 2 2002 Tract: 230 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 Tract: 231.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1018 1019 1020 1024 1025 Tract: 231.05 BG: 2 2017 2018 2019 2020 2021
4147
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
Barnard N Barnes N Bell N Benfield
Birdsong N Black N Boggs N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown
Y Cox Y Crawford N Cummings
Davis Y Day N Dean N Deloach, B Y Deloach, G Y Dix N Dodson N Drenner
Dukes E Ehrhart N Epps Y Everett N Floyd Y Forster Y Franklin
Y Hudgens N Hudson, N N Hudson, S N Hugley Y Irvin E Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane
Y Mueller Y Muntean 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
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
4148
N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash
Channell N Childers Y Coan E Coleman, B N Coleman, T Y Collins N Connell Y Cooper
JOURNAL OF THE HOUSE
N Gardner Y Golick
Grasse Y Graves N Greene Y Hammontree N Hanner E Harbin N Harrell N Heard N Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard
Y Lanier Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning Y Massey E McBee N McCall N McClinton
McKinney Y Millar Y Mills N Mobley N Morris N Mosley
N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L N Rogers N Royal
Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper
On the adoption of the amendment, the ayes were 67, nays 98. The amendment was lost.
N Teper N Tillman N Turnquest N 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 N Wix Y Yates
Murphy, Speaker
Representative Grasse of the 18th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
The following amendment was read:
Representative Cash of the 108th et al. move to amend the Senate amendment to HB 1667 by inserting between "law;" and "to" on line 6 of page 1 the following:
"to amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, so as to change certain provisions regarding the composition and number of state representative districts;".
By striking "an effective date" and inserting in its place "effective dates" on line 7 of page 1.
By inserting between lines 28 and 29 of page 2 the following:
WEDNESDAY, APRIL 10, 2002
4149
"SECTION 2A. Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, is amended by striking and reserving subdivision (a)(3)(B)(xi).
SECTION 2B. Said Code section is further amended in subsection (a) by striking the description of representative district 60 and inserting in its place the description of representative districts 60A and 60B attached to this Act and made a part hereof and further identified as: 'Plan Name: Cash60 Plan Type: HOUSE User: Linda Administrator: H104.'".
By striking lines 29 through 33 of page 2 and inserting in their place the following:
"SECTION 3. (a) Except as otherwise provided in subsection (b) of this section, subject to the provisions of Section 1 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to future elections for the Georgia State Senate to the extent provided for in Section 1 of this Act. (b) Sections 2A and 2B of this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval.".
District 060A DeKalb County
Tract: 231.05 BG: 3 Tract: 231.06 BG: 1 BG: 2 BG: 3 Tract: 231.08 BG: 1 1000 1001 1002 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 BG: 2 BG: 3 3008 3010 3011 3012 3013 Tract: 232.03 BG: 1 1008 1009 1010 1011 1012 1013 1014 1015 1016 BG: 2 2005 2006 BG: 3 BG: 4
4150
JOURNAL OF THE HOUSE
Tract: 232.04 BG: 3 Tract: 232.06 Tract: 232.11 BG: 1 1007 1008 1009 1010 1011 Tract: 234.05 BG: 1 1999 BG: 3 BG: 4 Tract: 234.12 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 BG: 2 2000 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 BG: 3 3000 3001 3002 3006 Tract: 234.13 BG: 1 1000 1001 1006 1007 1008 1009 1010 1011 1012 1013 BG: 2 Tract: 234.14 Tract: 234.15 Tract: 234.16 Tract: 234.17 BG: 3 3006 BG: 4 Tract: 234.18 BG: 2 Tract: 235.06 Tract: 235.07
Henry County Tract: 701.01 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 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072
WEDNESDAY, APRIL 10, 2002
District 060B Henry County
Tract: 701.02 BG: 1 1000 1001 1002 1003 1004 1005 1008 1009 1010 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 1999 BG: 2 Tract: 701.05 BG: 1 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1140 1141 1142 1146 BG: 2 2000 2001 2002 2003 2039 2040 BG: 3 3024 3025 Tract: 701.06 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2014 2015 2016 2017 2018 2019 2020 Tract: 702.01 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 1038 1039 BG: 2 Tract: 702.02 BG: 1 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2025 2026 2027 2028 2029 2998 2999 Tract: 702.03 BG: 1 1018 1019 1020 1021 1022 1023 1026 1027 1028 1029 Tract: 703.03 BG: 1
4151
4152
JOURNAL OF THE HOUSE
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 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 2036 2037 2038 2039 2040 2041 2042 2043 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 BG: 3 3000 3001 3002 3003 3004 3005 3006 Tract: 703.04 BG: 1 1000 1001 1002 1003 1004 1005 1007 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048
Rockdale County Tract: 602.02 BG: 2 2026 BG: 6 BG: 7 7001 7002 7003 7004 7005 7006 7007 7008 7009 7010 7011 7012 7013 7014 7015 7016 7017 7018 7019 7020 7021 7998 7999 Tract: 603.04 BG: 6 6054 Tract: 604.03 BG: 1 1000 1001 1002 1003 1004 1005 1009 1010 1011 1012 1013 1014 1015 1016 BG: 2 BG: 3 Tract: 604.05 BG: 1
WEDNESDAY, APRIL 10, 2002
4153
1005 1006 1007 1008 1010 1011 1012 1013 1014 1015 1016 BG: 2 BG: 3 Tract: 604.06 BG: 2 2015 2016 2017 2018 Tract: 604.07 BG: 2 2000 2001 BG: 3 3000
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson Y Anderson N Ashe Y Bannister Y Barnard N Barnes N Bell N 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 Coan E Coleman, B N Coleman, T Y Collins N Connell Y Cooper
Y Cox Y Crawford N Cummings Y Davis Y Day N Dean N Deloach, B Y Deloach, G Y Dix N Dodson N Drenner
Dukes E Ehrhart N Epps Y Everett N Floyd Y Forster Y Franklin N Gardner Y Golick Y Grasse Y Graves N Greene Y Hammontree N Hanner E Harbin N Harrell N Heard N Heckstall Y Hembree N Henson Y Hines
Holland N Holmes N Houston N Howard
Y Hudgens N Hudson, N N Hudson, S
Hugley Y Irvin E 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 E McBee N McCall N McClinton
McKinney Y Millar Y Mills N Mobley N Morris N Mosley
Y Mueller Y Muntean 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 Y Roberts, L N Rogers N Royal
Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper
Y Smith, B N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings 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
West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker
4154
JOURNAL OF THE HOUSE
On the adoption of the amendment, the ayes were 74, nays 94.
The amendment was lost.
The following amendment was read:
Representative Westmoreland of the 104th moves to amend the Senate amendment to HB 1667 by inserting "to provide standards for districts;" following "law;" on line 6 of page 1.
By inserting between lines 28 and 29 of page 2 the following:
"SECTION 2A. In each year following a year in which a United States decennial census is conducted or when required by court order, legislative and congressional reapportionment shall be conducted as provided in this section. The General Assembly shall by general law apportion Senate, House, and Congressional districts in accordance with the following:
(1) All districts shall comply with the United States Constitution and the federal Voting Rights Act of 1965, as amended; (2) All districts shall have as close to zero deviation from the ideal population size as is arithmetically possible to ensure that each Senator, Representative, or congressperson represents, as nearly as possible, an equal number of inhabitants of the state; (3) All districts shall be composed of contiguous territory. Districts that connect on a single point are not contiguous; (4) All districts shall be compact in form. Bizarre shapes shall be avoided unless necessary to comply with the other requirements in this Code section; (5) No district shall divide a community of interest unless necessary to comply with federal standards or other provisions of this Code section; (6) No district shall be established with the intent or effect of diluting the voting strength of any person, group of persons, or members of any political party; (7) Districts shall divide as few counties and recognized political boundaries as is practicable to comply with the other provisions in this Code section; and (8) Single-member districts shall be used in all cases and multimember districts shall be prohibited."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
WEDNESDAY, APRIL 10, 2002
4155
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 Coan E Coleman, B N Coleman, T Y Collins N Connell Y Cooper
Y Cox Y Crawford N Cummings Y Davis Y Day N Dean N Deloach, B Y Deloach, G Y Dix N Dodson N Drenner
Dukes E Ehrhart N Epps Y Everett N Floyd Y Forster Y Franklin N Gardner Y Golick Y Grasse Y Graves N Greene Y Hammontree N Hanner E Harbin N Harrell N Heard N Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard
Y Hudgens N Hudson, N N Hudson, S N Hugley Y Irvin E Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane
Lanier Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning Y Massey E McBee
McCall N McClinton
McKinney Y Millar Y Mills N Mobley N Morris N Mosley
Y Mueller Y Muntean 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 Y Roberts, L N Rogers N Royal
Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan
Shaw N Sholar N Sims N Sinkfield N Skipper
On the adoption of the amendment, the ayes were 70, nays 96. The amendment was lost.
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 N Turnquest N 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 N Wix Y Yates
Murphy, Speaker
The following amendment was read:
Representatives Mueller of the 152nd and Westmoreland of the 104th move to amend the Senate amendment to HB 1667 by inserting between "law;" and "to" on line 6 of page 1 the following:
4156
JOURNAL OF THE HOUSE
"to amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, so as to change certain provisions regarding the composition and number of state representative districts;"
By striking "an effective date" and inserting in its place "effective dates" on line 7 of page 1.
By inserting between lines 28 and 29 of page 2 the following:
"SECTION 2A. Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, is amended in subsection (a) by striking the description of representative districts 124, 125, and 126 and inserting in its place the description of representative districts 124, 125, and 126 attached to this Act and made a part hereof and further identified as: 'Plan Name: Muellerda Plan Type: House User: Blake Administrator: H104'."
By striking lines 29 through 33 of page 2 and inserting in their place the following:
"SECTION 3. (a) Except as otherwise provided in subsection (b) of this section, subject to the provisions of Section 1 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to future elections for the Georgia State Senate to the extent provided for in Section 1 of this Act. (b) Section 2A of this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval."
District 124 Chatham County
Tract: 101.01 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2018 2019 2021 2022 2023 2024 2025 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 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2997 2998 2999 Tract: 101.02 Tract: 102 BG: 1 BG: 2
WEDNESDAY, APRIL 10, 2002
BG: 3 3002 3003 3007 3008 3009 3010 3011 3012 3013 3015 3016 3017 3018 3019 Tract: 105.01 BG: 2 2041 2042 2043 BG: 3 BG: 4 BG: 5 Tract: 105.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1012 1013 1014 1015 1016 1017 1033 1034 1035 1999 BG: 2 2000 2012 Tract: 109.01 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3999 Tract: 11 Tract: 111.01 BG: 2 2000 2001 2002 2003 2031 2032 2033 2989 2990 2991 2992 2993 2997 2998 BG: 5 5015 5016 5017 5018 5019 5020 5021 5022 5023 5993 5994 5995 Tract: 111.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1013 1014 1015 1022 1023 1024 1029 1030 1993 1996 1997 1998 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 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 Tract: 12 Tract: 13 Tract: 15 Tract: 18 Tract: 19 Tract: 20 Tract: 21 Tract: 22
4157
4158
JOURNAL OF THE HOUSE
Tract: 23 Tract: 24 Tract: 25 Tract: 26 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 1026 1027 1028 1033 BG: 2 2003 2004 2011 2012 2020 2021 Tract: 27 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 BG: 2 BG: 4 Tract: 3 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 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 Tract: 30 BG: 1 Tract: 33.01 Tract: 33.02 BG: 1 BG: 2 2000 2001 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Tract: 35.02 BG: 3 3000 3001 3002 3005 3006 3007 3008 3009 3010 3011 3012 3013 BG: 4 Tract: 36.01 Tract: 36.02 Tract: 37 Tract: 38 Tract: 39 BG: 1 BG: 2 BG: 3 BG: 4
WEDNESDAY, APRIL 10, 2002
4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 Tract: 40.01 BG: 1 1018 1020 BG: 5 Tract: 42.02 BG: 1 BG: 2 Tract: 42.05 BG: 4 BG: 5 BG: 6 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6998 6999 Tract: 42.07 Tract: 42.08 Tract: 43 Tract: 45 BG: 1 1008 1009 Tract: 6.01 BG: 5 5010 5011 5012 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5064 5065 5066 5067 5068 5069 Tract: 8 BG: 1 1000 1001 1002 1003 1004 1005 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 Tract: 9
District 125 Chatham County
Tract: 102 BG: 3 3014 Tract: 105.02 BG: 1
4159
4160
JOURNAL OF THE HOUSE
1007 1008 1009 1010 1011 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2013 Tract: 26 BG: 1 1025 1029 1030 1031 1032 1034 BG: 2 2000 2001 2002 2005 2006 2007 2008 2009 2010 2013 2014 2015 2016 2017 2018 2019 2022 2023 2024 2025 2026 Tract: 27 BG: 1 1015 1016 1017 1018 1019 1020 1021 1022 BG: 3 Tract: 28 Tract: 29 Tract: 30 BG: 2 BG: 3 Tract: 33.02 BG: 2 2002 Tract: 34 Tract: 35.01 Tract: 35.02 BG: 1 BG: 2 BG: 3 3003 3004 Tract: 39 BG: 4 4015 4016 Tract: 40.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1019 BG: 2 BG: 3 BG: 4 Tract: 40.02 Tract: 42.02 BG: 3 BG: 4
WEDNESDAY, APRIL 10, 2002
BG: 5 BG: 6 BG: 7 BG: 8 BG: 9 9001 9002 9008 Tract: 42.05 BG: 1 BG: 2 BG: 3 BG: 6 6000 6001 6002 6003 6004 6005 6006 BG: 7 Tract: 44 Tract: 45 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 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 BG: 2 BG: 3 BG: 4
District 126 Chatham County
Tract: 102 BG: 3 3000 3001 3004 3005 3006 3020 3021 Tract: 109.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1048 1995 1999 Tract: 110.02 Tract: 110.03 Tract: 110.04 Tract: 111.01 BG: 1 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 2030 2984 2985 2986 2987 2988 2994 2995 2996 2999 BG: 3
4161
4162
JOURNAL OF THE HOUSE
BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5996 5997 5998 5999 Tract: 111.03 BG: 1 1012 1016 1017 1018 1019 1020 1021 1025 1026 1027 1028 1031 1032 1990 1991 1992 1994 1995 1999 BG: 2 2025 2026 2037 2038 2039 2998 2999 BG: 3 BG: 4 Tract: 111.04 Tract: 111.05 Tract: 41 Tract: 42.02 BG: 9 9000 9003 9004 9005 9006 9007 9009 9996 9997 9998 9999
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson Y Anderson N Ashe Y Bannister Y Barnard N Barnes N Bell N 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 Cox Y Crawford N Cummings Y Davis Y Day N Dean N Deloach, B Y Deloach, G Y Dix N Dodson N Drenner
Dukes E Ehrhart N Epps Y Everett N Floyd Y Forster Y Franklin N Gardner Y Golick Y Grasse Y Graves N Greene Y Hammontree N Hanner E Harbin
Y Hudgens N Hudson, N N Hudson, S N Hugley Y Irvin E 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 Mueller Y Muntean Y O'Neal N Orrock N Parham N Parrish Y Parsons
Pelote Y Pinholster N Poag N Porter N Powell N Purcell N Ragas N Randall N Ray N Reece N Reed N Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L N Rogers N Royal
Sailor
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 N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson
Y Campbell Y Cash N Channell N Childers Y Coan E Coleman, B N Coleman, T Y Collins N Connell Y Cooper
WEDNESDAY, APRIL 10, 2002
N Harrell N Heard N Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston
Howard
Y Massey E McBee N McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley
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 72, nays 96. The amendment was lost.
4163
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 Roberts of the 162nd moves to amend the Senate amendment to HB 1667 by striking the description of senatorial districts 11, 12, 13, and 14 contained in the attachment to said amendment and inserting in its place the description of senatorial districts 11, 12, 13, and 14 attached to this amendment and made a part hereof and further identified as: "Plan Name: dougherty1 Plan Type: Senate User: Angela Administrator: H162".
District 011 Colquitt County
Tract: 9702 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 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 1082 1083 1084 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 2054 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 2999
4164
JOURNAL OF THE HOUSE
Tract: 9703 BG: 1 1038 BG: 2 2025 2026 2029 2033 2035 BG: 3 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3026 BG: 4 4000 4001 4002 4023 4024 4025 4026 4027 4028 BG: 5 5038 5039 5040 5041 5042 5043 Tract: 9704 BG: 1 1006 1007 1010 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 1049 1050 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 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2998 Tract: 9706 BG: 2 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 BG: 3 Tract: 9707 BG: 1 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 BG: 2 BG: 3 BG: 4 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4028 4029 4030 4031 4032 4033 4034 4035 4036 BG: 5 5029 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 5066 5067 5068 BG: 6 Tract: 9708 Tract: 9709
WEDNESDAY, APRIL 10, 2002
Decatur County
Early County
Grady County
Miller County
Mitchell County Tract: 9801 BG: 1 1000 1001 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 1045 1046 1047 1048 1049 Tract: 9802 Tract: 9804 BG: 1 1031 1036 1037 1039 BG: 2 2009 2010 BG: 3 3000 3001 3002 3003 3004 3005 3006 3011 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 BG: 4 4024 4025 4026 4027 4033 Tract: 9805
Seminole County
Thomas County Tract: 9601 Tract: 9602 Tract: 9603 BG: 1 1022 1023 BG: 2 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 2038 2039 2040 2041 2042 2045 Tract: 9604 BG: 2
4165
4166
JOURNAL OF THE HOUSE
2018 Tract: 9605 Tract: 9606 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3017 3018 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 BG: 4 BG: 5 Tract: 9607 BG: 1 BG: 6 6000 6001 6002 6003 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6039 6040 6041 Tract: 9609 BG: 1 1000 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1037 1039 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 3031 3032 Tract: 9610 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3007 3010 3011 3014 3016 3017 3018 3021 3023 3025 3028 3030 3031 3035 3036 3037 3038 3039 Tract: 9611 BG: 2 2003 2004 2009 2010 2012
District 012 Baker County
Calhoun County
Clay County
Dougherty County
WEDNESDAY, APRIL 10, 2002
Mitchell County Tract: 9801 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1044 BG: 2 Tract: 9803 Tract: 9804 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 1032 1033 1034 1035 1038 1040 1041 1042 1043 1044 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 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 BG: 3 3007 3008 3009 3010 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4028 4029 4030 4031 4032 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 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084
Randolph County
Terrell County
District 013 Ben Hill County
Tract: 9601 BG: 1 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1107 1108 1109
4167
4168
JOURNAL OF THE HOUSE
1110 1111 1112 1987 1988 1989 Tract: 9602 BG: 1 1005 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 1111 1112 1113 1114 1115 1131 1132 1133 1134 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1993 1994 1995 1996 1997 1998 Tract: 9603 Tract: 9604 BG: 1 1003 1004 1005 1006 1007 1008 1009 1010 1033 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2027 2028 2029 2030 BG: 3 3009 3010 3011 3012 3028 3029 3030 3031 3047 3048 3049 Tract: 9605 BG: 1 BG: 2 BG: 3 3001 3002 3003 3004 3005 3006 3009 3010 3011 3012 3013 3014 3017 3018 3019 3020 3021 3022 3025 3026 3027 3028 3029 3030 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3047 3048 3049 3050 3051 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3999
Colquitt County Tract: 9701 Tract: 9702
WEDNESDAY, APRIL 10, 2002
BG: 1 1000 1001 1002 1003 1004 1074 1075 1076 1077 1078 1079 1080 1081 1085 1086 1087 1088 1998 1999 BG: 2 2080 2081 Tract: 9703 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 1039 1040 1041 1042 1043 1044 1045 1046 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 2027 2028 2030 2031 2032 2034 BG: 3 3000 3001 3002 3003 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3027 3028 3029 3030 3031 BG: 4 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 BG: 5 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 Tract: 9704 BG: 1 1000 1001 1002 1003 1004 1005 1008 1009 1011 1012 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 BG: 2 2000 2001 2002 2003 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2999 BG: 3 Tract: 9705 Tract: 9706 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2019 2020 2021 2022 2023 2024 2025 2026 2027 Tract: 9707 BG: 1 1000 1001 1002 1003 1004 1005 1035 1036 1037 1038 1039 1040
4169
4170
JOURNAL OF THE HOUSE
BG: 4 4000 4001 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4037 4038 BG: 5 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 5030 5062 5063 5064 5065 5069 5070
Crisp County
Dooly County
Irwin County
Lee County Tract: 201 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3017 3998 3999 Tract: 203 BG: 4 4014 4015 4023
Tift County Tract: 9901 BG: 1 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 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1050 1051 1052 1053 1054 1055 1056 1057 1995 1996 1997 1998 BG: 2 Tract: 9902 Tract: 9903 Tract: 9904 BG: 1 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 BG: 2 BG: 3
WEDNESDAY, APRIL 10, 2002
BG: 4 BG: 5 BG: 6 Tract: 9906 BG: 1 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1019 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 2033 2034 2035 Tract: 9907 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1019 1020 BG: 4 4000 4001 4002 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 4028 4029 4030 4031 4032 4033 4034 4035 4036 4040 4041 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4998 4999 Tract: 9908 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1022 1023 1024 1025 1026 1027 1028 1029 1030
Turner County
Wilcox County Tract: 9901 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1015 1016 1034 1035 1036 1037 1038 1073 1074 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1993 1994 1999 BG: 2 Tract: 9902-2 Tract: 9903-2 Tract: 9904
Worth County
District 014 Chattahoochee County
4171
4172
JOURNAL OF THE HOUSE
Harris County Tract: 9802 BG: 1 1000 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 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1998 1999 BG: 2 2035 2037 2038 2048 2049 2050 Tract: 9804 BG: 1 BG: 2 2000 2001 2002 2003 2004 2078 2080 2081 2088 2090 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5030 5031 5032 5034 5035 5036 5037 5038 5039 5997 5998 5999
Lee County Tract: 201 BG: 3 3016 Tract: 202 Tract: 203 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4016 4017 4018 4019 4020 4021 4022 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 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 4990 4991 4992 4993 4994 4995 4996 4997 4998 4999 BG: 5 Tract: 204
WEDNESDAY, APRIL 10, 2002
Macon County
Marion County
Meriwether County Tract: 9705 BG: 1 1019 1020 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 1997 1998 BG: 2 2043 2044 2046 2047 2048 2049 2050 2051 2052 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2999 BG: 3 BG: 4 BG: 5 BG: 6 BG: 7 Tract: 9706 BG: 1 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 1998 BG: 2 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 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 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 2998 2999
Muscogee County Tract: 101.04 BG: 1 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1999 Tract: 105.01 BG: 1 1021 1022 1023 1024 1025
4173
4174
JOURNAL OF THE HOUSE
BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2022 2023 2024 BG: 3 3011 3012 3013 3014 3015 3016 3017 Tract: 105.02 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1010 1011 1012 1013 1014 1015 Tract: 108 BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 9008 9009 9010 9011 9014 9995 9996 9997 9998 9999 Tract: 21 BG: 1 1005 1006 1007 1008 1009 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2011 2012 2013
Quitman County
Schley County
Stewart County
Sumter County
Talbot County
Taylor County
Upson County Tract: 9903 BG: 1 1997 BG: 2 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 2042 2043 2044 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2087 2996
Webster County
WEDNESDAY, APRIL 10, 2002
4175
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 N Barnard N Barnes N Bell N Benfield N Birdsong N Black N Boggs N Bordeaux N Borders N Bridges Y 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 E Coleman, B N Coleman, T Y Collins N Connell Y Cooper
Y Cox Y Crawford N Cummings Y Davis Y Day N Dean N Deloach, B Y Deloach, G N Dix N Dodson N Drenner
Dukes E Ehrhart N Epps N Everett N Floyd N Forster Y Franklin
Gardner Y Golick Y Grasse Y Graves
Greene Y Hammontree N Hanner E Harbin N Harrell N Heard N Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard
Y Hudgens N Hudson, N N Hudson, S N Hugley Y Irvin E Jackson, B Y Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis N Lord N Lucas Y Lunsford N Maddox Y Mangham Y Manning Y Massey E McBee N McCall N McClinton Y McKinney Y Millar Y Mills N Mobley N Morris N Mosley
Y Mueller Y Muntean Y O'Neal N Orrock N Parham N Parrish Y Parsons
Pelote Y Pinholster N Poag N Porter N Powell N Purcell Y Ragas Y Randall N Ray N Reece N Reed N Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L N Rogers N Royal
Sailor N 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
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 N Stokes
Taylor N Teague N Teper N Tillman
Turnquest N 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 N Wix Y Yates
Murphy, Speaker
On the adoption of the amendment, the ayes were 74, nays 91. The amendment was lost.
The following amendment was read:
4176
JOURNAL OF THE HOUSE
Representative Scott of the 165th moves to amend the Senate amendment to HB 1667 by striking the description of senatorial districts 7 and 13 contained in the attachment to said bill and inserting in its place the description of senatorial districts 7 and 13 attached to this amendment and made a part hereof and further identified as: "Plan Name: senamend Plan Type: Senate User: Angela Administrator: H165".
District 007 Ben Hill County
Tract: 9601 BG: 1 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1107 1108 1109 1110 1111 1112 1987 1988 1989 Tract: 9602 BG: 1 1005 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 1111 1112 1113 1114 1115 1131 1132 1133 1134 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1993 1994 1995 1996 1997 1998 Tract: 9603 Tract: 9604 BG: 1 1003 1004 1005 1006 1007 1008 1009 1010 1033 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2027 2028 2029 2030 BG: 3 3009 3010 3011 3012 3028 3029 3030 3031 3047 3048 3049 Tract: 9605 BG: 1
WEDNESDAY, APRIL 10, 2002
BG: 2 BG: 3 3001 3002 3003 3004 3005 3006 3009 3010 3011 3012 3013 3014 3017 3018 3019 3020 3021 3022 3025 3026 3027 3028 3029 3030 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3047 3048 3049 3050 3051 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3999
Berrien County
Camden County Tract: 101 Tract: 102 BG: 2 BG: 3 3000 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3108 3109 3110 3111 3112 3113 3114 3115 3116 3117 3118 3119 3120 3121 3122 3123 3125 3126 3127 3131 3132 3133 3134 3135 3136 3137 3145 3166 3167 3168 3169 3170 3171 3172 3244 3998 3999 Tract: 103.01 Tract: 103.02 Tract: 104 Tract: 105 BG: 9 9006 9007 9008 9009 9012 9013 9014 9015 9016 Tract: 106 BG: 1 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 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 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2994 2995 2996 2997 2998 2999
4177
4178
JOURNAL OF THE HOUSE
BG: 3 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 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3108 3109 3110 3111 3112 3113 3114 3115 3116 3117 3118 3119 3120 3121 3122 3990 3991 3992 3993 3994
Charlton County
Clinch County
Cook County Tract: 9801 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 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 1999 BG: 2 Tract: 9802 BG: 1 1000 1001 1002 1003 1999 Tract: 9803 BG: 1 1005 1006 1007
Echols County
Irwin County Tract: 9501 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
WEDNESDAY, APRIL 10, 2002
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 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1162 1163 1977 1978 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 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 2975 2976 2977 2978 2979 2980 2981 2998 2999 Tract: 9502
Lanier County
Ware County
District 013 Colquitt County
Tract: 9701 Tract: 9702 BG: 1 1000 1001 1002 1003 1004 1074 1075 1076 1077 1078 1079 1080 1081 1085 1086 1087 1088 1998 1999 BG: 2 2080 2081 Tract: 9703 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 1039 1040 1041 1042 1043 1044 1045 1046 Tract: 9704 BG: 1 1000 1001 1002 1003 1004 1005 1008 1009 1011 1012 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 BG: 2
4179
4180
JOURNAL OF THE HOUSE
2000 2001 2002 2003 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2999 BG: 3 Tract: 9705 Tract: 9706 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2019 2020 2021 2022 2023 2024 2025 2026 2027 Tract: 9707 BG: 1 1000 1001 1002 1003 1004 1005 1035 1036 1037 1038 1039 1040 BG: 4 4000 4001 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4037 4038 BG: 5 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 5030 5062 5063 5064 5065 5069 5070
Crisp County
Dooly County
Dougherty County Tract: 1 BG: 1 1000 1001 1002 1005 1006 1007 1008 1009 1010 1011 1012 1013 Tract: 101 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 1034 1035 1036 1037 1038 1996 1997 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Tract: 103.01 BG: 1 1000 Tract: 109 BG: 2 2007 2008 2012 2013 2014 2015 2016 2017 2018 2019 2997
WEDNESDAY, APRIL 10, 2002
Tract: 110 Tract: 111 BG: 1 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032
Irwin County Tract: 9501 BG: 1 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1160 1161 1974 1975 1976 1979 1980 1981 BG: 2 2009 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 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 2965 2966 2967 2968 2969 2970 2971 2972 2973 2974 2982 2983 2984 2985 2986 2987 2988 2989 2990 2991 2992 2993 2994 2995 2996 2997
Lee County Tract: 201 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 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2993 2994 2995 2998 2999
Tift County
Turner County
Wilcox County Tract: 9901 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1015 1016 1034 1035 1036 1037 1038 1073 1074 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1993 1994 1999 BG: 2
4181
4182
Tract: 9902 Tract: 9903 Tract: 9904
Worth County
JOURNAL OF THE HOUSE
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Allen Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes N Bell N Benfield N Birdsong N Black N Boggs N Bordeaux N Borders Y Bridges Y 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 E Coleman, B N Coleman, T Y Collins N Connell Y Cooper
Y Cox Y Crawford N Cummings Y Davis Y Day N Dean N Deloach, B Y Deloach, G Y Dix N Dodson N Drenner
Dukes E Ehrhart N Epps Y Everett N Floyd Y Forster Y Franklin N Gardner Y Golick Y Grasse Y Graves N Greene Y Hammontree N Hanner E Harbin N Harrell N Heard N Heckstall Y Hembree N Henson Y Hines Y Holland N Holmes N Houston N Howard
Y Hudgens N Hudson, N N Hudson, S N Hugley Y Irvin E 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 E 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 N Parham N Parrish Y Parsons
Pelote Y Pinholster N Poag N Porter N Powell N Purcell N Ragas N Randall N Ray N Reece N Reed 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 N Shaw N Sholar N Sims N Sinkfield N Skipper
Y Smith, B N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings 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
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 73, nays 97. The amendment was lost.
WEDNESDAY, APRIL 10, 2002
4183
The following amendment was read:
Representative Westmoreland of the 104th moves to amend the Senate amendment to HB 1667 by striking all matter beginning on line 1 of page 1 and inserting in lieu thereof the following:
"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; to provide for the number of Senators; to provide for certain qualifications; to provide for the election of Senators; to provide when the Senators elected shall take office; to provide for the continuation of present senatorial districts until a certain time; to provide definitions; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended in subsection (a) of Code Section 28-2-2, relating to apportionment and qualifications for the Senate, by striking the description of senatorial districts 1 through 56 immediately following the second sentence thereof and inserting in its place the description of senatorial districts 1 through 56 attached to this Act and made a part hereof and further identified as: 'Plan Name: senplan20-06 Plan Type: Senate User: Blake Administrator: General'.
SECTION 2. Said chapter is further amended by striking subsections (c), (d), (e), and (f) of Code Section 28-2-2, relating to apportionment and qualifications for the Senate, and inserting in their place new subsections (c), (d), (e), and (f) to read as follows:
'(c) The first members of the Senate elected pursuant to this Code section shall be those who are elected to take office on the convening date of the regular session of the General Assembly in 1999 2003. Until that time the membership of the Senate elected under prior law shall continue to serve and shall represent the districts from which elected; and until that time the composition of the districts from which such members were elected shall remain the same. The provisions of this Code section shall be effective, however, for the primary and general elections of 1998 2002 for the purpose of electing members of the Senate in 1998 2002 who are to take office in 1999 2003.
4184
JOURNAL OF THE HOUSE
Successors to those members shall likewise be elected under the provisions of this Code section. (d) For the purposes of this Code section:
(1) The terms "Tract," "Block," and "Block Group" "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 1990 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. (2) Except as otherwise provided in the description of any senatorial district, whenever the description of any senatorial district refers to a named city, it shall mean the geographical boundaries of that city as such boundaries existed on January 1, 1997 shown on the census maps for the United States decennial census of 2000 for the State of Georgia. (e) Any part of the State of Georgia which is not included in any Senate senatorial district described in this Code section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1990 2000 for the State of Georgia. (f) Any part of the State of Georgia which is described in this Code section as being included in a particular Senate senatorial district shall nevertheless not be included within such Senate senatorial district if such part is not contiguous to such Senate senatorial district. Such noncontiguous part shall instead be included within that Senate senatorial district contiguous to such part which contains the least population according to the United States decennial census of 1990 2000 for the State of Georgia.'
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."
District 01 Bryan County
Chatham County Tract: 102 BG: 3 3000 3001 3004 3005 3006 3020 3021 Tract: 106.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
WEDNESDAY, APRIL 10, 2002
1012 BG: 2 2010 2011 2012 2013 BG: 3 3001 3002 Tract: 106.03 BG: 1 1002 1003 1004 Tract: 107 BG: 1 1038 1039 1040 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1058 1059 1060 1061 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 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 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1182 1183 1184 1185 1186 1187 1188 BG: 3 3035 3036 3037 BG: 4 4000 4001 4002 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 4028 4029 BG: 5 Tract: 108.01 Tract: 108.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1036 1051 1055 1056 1058 1059 1061 1062 1064 1065 1066 1070 1071 1073 1074 1075 1076 1077 1078 1079 1997 1998 1999 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 2040 2041 2042 2043 2044 2045 2046 2047 2048 2997 2998 2999 Tract: 108.03 Tract: 108.04
4185
4186
JOURNAL OF THE HOUSE
BG: 1 BG: 2 BG: 3 BG: 5 5000 5001 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 Tract: 108.05 Tract: 109.01 BG: 3 3007 3008 3009 3010 3011 3998 3999 Tract: 109.02 Tract: 110.02 Tract: 110.03 Tract: 110.04 Tract: 111.01 BG: 1 BG: 2 BG: 3 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5996 5997 5998 5999 Tract: 111.03 Tract: 111.04 Tract: 111.05 Tract: 29 Tract: 30 Tract: 34 BG: 3 BG: 4 BG: 5 BG: 6 Tract: 39 BG: 1 BG: 4 4000 4001 4002 4003 Tract: 40.01 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 40.02 BG: 1
WEDNESDAY, APRIL 10, 2002
1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 BG: 2 Tract: 41 Tract: 42.02 BG: 5 5000 BG: 8 BG: 9 Tract: 42.05 BG: 3 3010 3011 3012 3013 3014 BG: 5 5013 5014 BG: 6 BG: 7 Tract: 42.06
Effingham County Tract: 302.01 BG: 3 3021 3023 3024 3025 3113 3114 Tract: 303.01 Tract: 303.02 Tract: 304 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 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 1998 1999 BG: 2 BG: 3 BG: 4
District 02 Chatham County
Tract: 1
4187
4188
JOURNAL OF THE HOUSE
Tract: 101.01 Tract: 101.02 Tract: 102 BG: 1 BG: 2 BG: 3 3002 3003 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 Tract: 105.01 Tract: 105.02 Tract: 106.01 BG: 1 1013 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2014 2015 2016 BG: 3 3000 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 BG: 4 BG: 5 BG: 6 Tract: 106.03 BG: 1 1000 1001 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 BG: 2 Tract: 106.04 Tract: 106.05 Tract: 107 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 1041 1042 1055 1056 1057 1062 1063 1064 1065 1066 1067 1068 1069 1070 1093 1094 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 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 3030 3031 3032 3033 3034 3996
WEDNESDAY, APRIL 10, 2002
3997 3998 3999 BG: 4 4030 Tract: 108.02 BG: 1 1019 1020 1021 1034 1035 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1052 1053 1054 1057 1060 1063 1067 1068 1069 1072 1995 1996 BG: 2 2000 2039 Tract: 108.04 BG: 4 BG: 5 5002 5003 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 Tract: 109.01 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 Tract: 11 Tract: 111.01 BG: 5 5015 5016 5017 5018 5019 5020 5021 5022 5023 5993 5994 5995 Tract: 12 Tract: 13 Tract: 15 Tract: 18 Tract: 19 Tract: 20 Tract: 21 Tract: 22 Tract: 23 Tract: 24 Tract: 25 Tract: 26 Tract: 27 Tract: 28 Tract: 3 Tract: 32 Tract: 33.01 Tract: 33.02 Tract: 34
4189
4190
JOURNAL OF THE HOUSE
BG: 1 BG: 2 Tract: 35.01 Tract: 35.02 Tract: 36.01 Tract: 36.02 Tract: 37 Tract: 38 Tract: 39 BG: 2 BG: 3 BG: 4 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 Tract: 40.01 BG: 1 Tract: 40.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1023 1024 1025 1026 1027 1028 BG: 3 BG: 4 BG: 5 Tract: 42.02 BG: 1 BG: 2 BG: 3 BG: 4 BG: 5 5001 5002 BG: 6 BG: 7 Tract: 42.05 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3015 3016 3017 3018 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5999 Tract: 42.07
Tract: 42.08 Tract: 43 Tract: 44 Tract: 45 Tract: 6.01 Tract: 8 Tract: 9
WEDNESDAY, APRIL 10, 2002
District 03 Glynn County
Tract: 4.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1012 1013 1014 1015 1016 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1050 1051 1052 1999 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 2036 2037 2041 2043 2044 2045 2046 2047 2048 2087 2088 2089 2090 2091 2092 Tract: 4.02 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 1031 1032 1033 1994 1996 1999 BG: 2 BG: 3 BG: 4 BG: 5 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5030 5990 5991 5994 5995 5996 5997 Tract: 5.01 Tract: 5.02 Tract: 6 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011
4191
4192
JOURNAL OF THE HOUSE
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 4995 4997 4998 4999 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5011 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5998 5999 Tract: 7 Tract: 8 Tract: 9
Liberty County
Long County Tract: 9801 BG: 2 2010 2012 2013 2014 2015 2016 2018 2019 2020 2021 2022 2026 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2087 2163 Tract: 9802 BG: 1 1000 1001 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 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 BG: 2 BG: 3
McIntosh County
Wayne County
District 04 Bulloch County
Candler County
Effingham County Tract: 301 Tract: 302.01 BG: 1
WEDNESDAY, APRIL 10, 2002
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 3022 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 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3108 3109 3110 3111 3112 Tract: 302.02 Tract: 304 BG: 1 1023
Evans County
Jenkins County
Long County Tract: 9801 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2011 2017 2023 2024 2025 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 2064 2081 2082 2083 2084 2085 2086 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2164 2165 2166 2167 2168 2169 2170 2171 Tract: 9802 BG: 1 1002 1003 1034
Screven County
4193
4194 Tattnall County
JOURNAL OF THE HOUSE
District 05 DeKalb County
Tract: 217.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1017 1023 1024 1025 1026 1027 1028 1029 BG: 4 4020 4021 4022 4023 4025 Tract: 218.05 Tract: 218.06 Tract: 218.08 BG: 5 5011 5012 5013 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5036 Tract: 218.09 Tract: 218.10 Tract: 218.11 Tract: 218.12 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1012 BG: 2 Tract: 219.02 Tract: 219.04 Tract: 219.06 Tract: 219.07 Tract: 219.08 Tract: 219.09 BG: 1 1000 1001 1025 1026 1027 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 BG: 3 3002 3003 3004 3005 Tract: 220.04 BG: 1 BG: 2 2000 2001
Gwinnett County Tract: 504.03
WEDNESDAY, APRIL 10, 2002
BG: 1 BG: 2 BG: 3 BG: 4 BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 9008 9009 9010 9011 9012 9013 9014 9018 9019 Tract: 504.10 BG: 1 BG: 4 4000 4004 4005 4006 4007 4008 4009 BG: 5 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 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 BG: 2 Tract: 504.18 Tract: 504.19 Tract: 504.20 Tract: 504.22 Tract: 504.23 BG: 1 Tract: 505.17 BG: 1 1003 1004 1005 1006 1007 1008 1009 BG: 2 Tract: 505.18 BG: 6
District 06 Appling County
Brantley County
4195
4196
JOURNAL OF THE HOUSE
Camden County
Glynn County Tract: 1 Tract: 10 Tract: 2 Tract: 3 Tract: 4.01 BG: 1 1007 1017 1018 1030 1031 1032 1033 1047 1048 1049 BG: 2 2034 2035 2038 2039 2040 2042 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 2078 2079 2080 2081 2082 2083 2084 2085 2086 2998 2999 Tract: 4.02 BG: 1 1028 1029 1030 1995 1997 1998 BG: 5 5000 5001 5002 5003 5027 5028 5029 5992 5993 5998 5999 Tract: 6 BG: 4 4996 BG: 5 5010 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5036
Pierce County
Toombs County
District 07 Atkinson County
Bacon County
Berrien County
Charlton County
Clinch County
WEDNESDAY, APRIL 10, 2002
Coffee County
Cook County
Echols County
Lanier County
Ware County
District 08 Brooks County
Lowndes County
Thomas County Tract: 9603 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 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 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2010 2011 2043 2044 Tract: 9604 Tract: 9605 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 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 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 BG: 2 2000 2001 2002 2003 2004 2025 2026 BG: 3 3012 3020 3024 3027 3028 3999 Tract: 9606
4197
4198
Tract: 9607 BG: 2 BG: 3 BG: 4 BG: 5 BG: 6 Tract: 9608 Tract: 9609 Tract: 9610 Tract: 9611
JOURNAL OF THE HOUSE
District 09 Gwinnett County
Tract: 504.03 BG: 9 9015 9016 9017 9020 9021 9022 9023 9024 9025 Tract: 504.15 BG: 1 1003 BG: 2 2009 Tract: 504.25 Tract: 504.26 Tract: 504.27 Tract: 504.28 Tract: 504.29 Tract: 504.30 Tract: 505.07 BG: 2 BG: 3 3011 3012 3021 3022 3023 3024 3025 3026 3027 3028 Tract: 505.15 Tract: 505.16 BG: 1 BG: 2 BG: 5 5004 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 Tract: 505.17 BG: 1 1000 1001 1002 BG: 3
WEDNESDAY, APRIL 10, 2002
Tract: 505.18 BG: 3 BG: 4 Tract: 505.19 BG: 4 BG: 5 BG: 7 7010 7011 7013 Tract: 505.20 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 Tract: 505.21 BG: 3 3021 BG: 4 BG: 5 Tract: 507.04 BG: 2 2006 2007 2008 2009 2010 2011 BG: 3 BG: 4 Tract: 507.09 BG: 4 4000 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 Tract: 507.12 Tract: 507.13 Tract: 507.14 Tract: 507.15 Tract: 507.16 BG: 1 BG: 2 BG: 3 3000 3001 3007 3008 Tract: 507.17 BG: 3 Tract: 507.18 Tract: 507.19 Tract: 507.20 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016
4199
4200
BG: 3 BG: 4 Tract: 507.21
JOURNAL OF THE HOUSE
District 10 DeKalb County
Tract: 205 Tract: 206 Tract: 207 BG: 1 BG: 2 2000 2001 2002 2003 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Tract: 208.01 Tract: 208.02 Tract: 209 Tract: 221 BG: 1 1003 BG: 2 2038 Tract: 222 BG: 3 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4035 Tract: 225 BG: 3 3006 3007 3008 3010 3011 3012 3016 3017 Tract: 226 BG: 3 3013 Tract: 227 Tract: 229 Tract: 230 Tract: 231.01 Tract: 231.02 Tract: 231.05 BG: 2 2017 2018 2019 2020 2021
WEDNESDAY, APRIL 10, 2002
Tract: 231.07 Tract: 231.08 BG: 1 1002 1003 1004 1005 1006 BG: 2 BG: 3 Tract: 234.04 Tract: 234.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1998 BG: 2 BG: 3 BG: 4 4000 4001 4002 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 4028 4029 4030 4031 4032 4997 Tract: 234.10 Tract: 234.11 Tract: 234.12 BG: 1 1009 1010 1011 BG: 2 2001 2002 2003 BG: 3 3003 3004 3005 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 Tract: 234.13 BG: 1 1002 1003 1004 1005 Tract: 235.01 Tract: 235.04 Tract: 235.05 Tract: 235.06 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 BG: 3 BG: 4 4003 4004 4005 4006 Tract: 236.01 Tract: 236.02 Tract: 236.03
4201
4202
JOURNAL OF THE HOUSE
Tract: 237 Tract: 238.01 Tract: 238.02 Tract: 238.03
Henry County Tract: 701.01 Tract: 701.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1011 1012 1013 1014 1073 1074 1075 1076 1077 1078 1079 1080
District 11 Colquitt County
Tract: 9701 BG: 1 1069 1070 1071 1072 1073 1074 BG: 2 2005 2006 2007 2008 2009 2010 2011 2078 2079 2080 2996 2997 Tract: 9702 Tract: 9703 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 9704 BG: 1 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 1040 1049 1050 BG: 2 2001 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 2055 2056 2057 2058 2059 2060 2998 BG: 3
WEDNESDAY, APRIL 10, 2002
3000 3001 3002 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 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 Tract: 9705 Tract: 9706 Tract: 9707 Tract: 9708 Tract: 9709
Decatur County
Early County
Grady County
Miller County
Mitchell County Tract: 9802 BG: 1 1008 1028 1029 1030 1031 BG: 2 2017 2018 2019 2020 2021 2022 2023 2024 2025 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 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 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 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3997 3998 3999 BG: 4 Tract: 9803 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 1048 1049 1053 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
4203
4204
JOURNAL OF THE HOUSE
2012 2013 2019 BG: 3 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 Tract: 9804 BG: 3 3040 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 Tract: 9805 BG: 1 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 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 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 BG: 4 BG: 5
Seminole County
Thomas County Tract: 9601 Tract: 9602 Tract: 9603 BG: 1 1022 1023 BG: 2 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 2038 2039 2040 2041 2042 2045 Tract: 9605 BG: 1 1022 1023 1042 BG: 2
WEDNESDAY, APRIL 10, 2002
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3013 3014 3015 3016 3017 3018 3019 3021 3022 3023 3025 3026 3029 3030 3031 3032 3998 Tract: 9607 BG: 1
District 12 Baker County
Calhoun County
Clay County
Dougherty County
Lee County Tract: 203 BG: 5 5053 5054
Mitchell County Tract: 9801 Tract: 9802 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1032 1033 1034 1035 1036 1037 1038 1039 1040 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2026 2027 2028 2029 2030 2058 2997 2998 2999 BG: 3 3015 3016 Tract: 9803 BG: 1 1043 1044 1045 1046 1047 1050 1051 1052 BG: 2 2014 2015 2016 2017 2018 2020
4205
4206
JOURNAL OF THE HOUSE
BG: 3 3000 Tract: 9804 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 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 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 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 Tract: 9805 BG: 1 1000 1001 1002 1003 BG: 3 3022
Randolph County
Terrell County Tract: 9802 BG: 1 1052 1060 1061 1062 1065 1066 1067 1068 1069 1070 1071 1072 1081 1082 BG: 2 2109 2111 2994 Tract: 9803 BG: 1 1020 1021 1028 1029 1030 1033 1034 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1054 1998 BG: 2 BG: 3 BG: 4 4000 4001 4006 4007 4008 4009 4010 4011 4012 4013 4014 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 4999 Tract: 9804
WEDNESDAY, APRIL 10, 2002
BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3008 3009 3013 3014 3015 3016 3017 3018 3022 3023 3024 3025 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 3054 3055 3056 3057 3058 3997 3999 Tract: 9805
Worth County Tract: 9501 BG: 2 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2993 2994 2995 2996 Tract: 9502 BG: 2 2020 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 2996 2997 Tract: 9505 BG: 1 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1065 1066 1067 1068 1069 1070 1998 BG: 2 2063 2064 2065 2066 2067 2068 2078 2079 2080
District 13 Ben Hill County
Colquitt County Tract: 9701 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 BG: 2 2000 2001 2002 2003 2004 2012 2013 2014 2015 2016 2017 2018
4207
4208
JOURNAL OF THE HOUSE
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 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2998 2999 Tract: 9703 BG: 1 1000 1001 1019 1020 1021 1022 1023 1024 1025 Tract: 9704 BG: 1 1000 1001 1002 1003 1004 1005 1039 1041 1042 1043 1044 1045 1046 1047 1048 BG: 2 2000 2002 2003 2053 2054 2999 BG: 3 3003 3004 3005 3006 3007 3008 3009 3035
Crisp County
Dooly County
Irwin County
Tift County
Turner County
Wilcox County
Worth County Tract: 9501 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 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 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
WEDNESDAY, APRIL 10, 2002
2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2157 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2188 2189 2190 2191 2192 2193 2194 2195 2196 2197 2198 2199 2200 2201 2202 2203 2204 2205 2206 2207 2208 2209 2990 2991 2992 2997 2998 2999 Tract: 9502 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2021 2022 2056 2057 2058 2059 2060 2061 2062 2998 2999 BG: 3 BG: 4 Tract: 9504 Tract: 9505 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 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 1999 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 2054 2055 2056 2057 2058 2059 2060 2061 2062 2069 2070 2071 2072 2073 2074 2075 2076 2077 2996 2997 2998 2999 BG: 3 Tract: 9506
District 14 Crawford County
Lee County Tract: 201 Tract: 202 Tract: 203 BG: 4
4209
4210
JOURNAL OF THE HOUSE
BG: 5 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 5989 5990 5991 5992 5993 5994 5995 5996 5997 5998 5999 Tract: 204
Macon County
Marion County
Peach County
Quitman County
Schley County
Stewart County
Sumter County
Taylor County
Terrell County Tract: 9802 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 1053 1054 1055 1056 1057 1058 1059 1063 1064 1073 1074 1075 1076 1077 1078 1079 1080 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 2054 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
WEDNESDAY, APRIL 10, 2002
2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2110 2995 2996 2997 2998 2999 Tract: 9803 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1022 1023 1024 1025 1026 1027 1031 1032 1035 1047 1048 1049 1050 1051 1052 1053 1055 1056 1997 1999 BG: 4 4002 4003 4004 4005 4015 4016 Tract: 9804 BG: 3 3006 3007 3010 3011 3012 3019 3020 3021 3026 3998
Webster County
District 15 Chattahoochee County
Muscogee County Tract: 1 Tract: 101.04 BG: 1 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1999 Tract: 103.02 BG: 2 2020 2021 Tract: 105.01 BG: 1 1021 1022 1023 1024 1025 BG: 2 BG: 3 3011 3012 3013 3014 3015 3016 3017 Tract: 105.02 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1010 1011 1012 1013 1014 1015 Tract: 106.02 Tract: 106.04 Tract: 106.05
4211
4212
JOURNAL OF THE HOUSE
Tract: 106.06 Tract: 107.01 Tract: 107.02 Tract: 107.03 Tract: 108 Tract: 109 Tract: 11 BG: 2 2011 2012 2013 2014 2015 2016 2017 2018 Tract: 110 Tract: 12 BG: 2 2013 2035 2040 BG: 3 BG: 4 Tract: 13 Tract: 14 Tract: 15 Tract: 16 Tract: 18 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1010 1011 1012 1013 BG: 2 2000 2001 2002 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 Tract: 19 BG: 1 1012 1013 1014 1022 BG: 2 Tract: 2 BG: 1 1007 1008 1009 1010 1011 1012 1013 1014 Tract: 20 Tract: 21 Tract: 22 Tract: 23 Tract: 24 Tract: 25 Tract: 26 Tract: 27 Tract: 28
WEDNESDAY, APRIL 10, 2002
Tract: 29.01 Tract: 29.02 Tract: 3 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 BG: 4 BG: 5 Tract: 30 Tract: 31 Tract: 32 Tract: 33 Tract: 34 Tract: 4 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 1028 1029 1030 1031 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3017 3018 3019 3020 3023 3997 3998 3999 Tract: 5 Tract: 8 Tract: 9 BG: 2
District 16 Harris County
Lamar County Tract: 9701 BG: 2 2074 2075 2076 2077 2078 2995 BG: 3 3052 3056 3057 3058 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3998
4213
4214
JOURNAL OF THE HOUSE
Tract: 9702 BG: 1 1000 1001 1002 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 1998 1999 BG: 2 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 BG: 3 BG: 4 BG: 5 Tract: 9703
Meriwether County Tract: 9705 BG: 1 1035 1036 1037 1038 1042 BG: 2 2068 2069 2074 BG: 5 5004 5005 5006 5007 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 BG: 6 6013 6014 6015 6016 6017 6018 6019 6027 6030 6031 6034 6035 6036 6037 6038 6039 6040 6041 6042 6043 6044 6045 BG: 7 7000 7001 7002 7003 7004 7005 7006 7007 7008 7009 7010 7011 7012 7013 7014 7015 7016 7017 7018 7019 7020 7021 7022 7023 7024 7025 7026 7027 7028 7029 7030 7031 7032 7033 7034 7035 7036 7037 7038 7039 7040 7041 7042 7999
Monroe County Tract: 503 BG: 1 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072
WEDNESDAY, APRIL 10, 2002
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 1149 1151 1152 1153 1154 1163 1164 1165 1989 1990 1991 1992 1993 BG: 2 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 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2996 2997 2998 2999
Muscogee County Tract: 10 Tract: 101.02 Tract: 101.04 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 Tract: 101.05 Tract: 101.06 Tract: 102.01 Tract: 102.03 Tract: 102.04 Tract: 102.05 Tract: 103.01 Tract: 103.02 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 Tract: 104.01 Tract: 104.02 Tract: 105.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 BG: 4 Tract: 105.02 BG: 1 1000 1009
4215
4216
JOURNAL OF THE HOUSE
Tract: 11 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 BG: 3 Tract: 12 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2036 2037 2038 2039 2041 2042 2043 2044 2045 2046 Tract: 18 BG: 1 1008 1009 1014 BG: 2 2003 Tract: 19 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1015 1016 1017 1018 1019 1020 1021 Tract: 2 BG: 1 1000 1001 1002 1003 1004 1005 1006 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1999 BG: 2 Tract: 3 BG: 1 1000 1001 1012 1013 BG: 2 2000 2001 2013 2014 2015 BG: 3 3015 Tract: 4 BG: 1 1010 BG: 3 3016 3021 3022 Tract: 9 BG: 1
Pike County Tract: 9801 BG: 2
WEDNESDAY, APRIL 10, 2002
2062
Talbot County
Troup County Tract: 9606 BG: 1 1039 1040 1041 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1056 1058 Tract: 9607 BG: 3 3043 BG: 4 4019 4020 4021 4999 BG: 5 5000 5001 5002 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 Tract: 9610 BG: 1 1036 1037 1038 1039 1040 1041 1042 BG: 3 3000 3030 3031 Tract: 9611 BG: 1 1000 1001 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 1999 BG: 2
Upson County Tract: 9901 Tract: 9902.01 Tract: 9902.02 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 1036 1037 1038 1039 1040 1997 1998 1999 BG: 2 Tract: 9903 Tract: 9904 Tract: 9905
4217
4218 Tract: 9906
JOURNAL OF THE HOUSE
District 17 Butts County
Tract: 1501 BG: 1 1065 1067 1070 1071 BG: 2 2023 Tract: 1502 BG: 1 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1057 1058 1999 BG: 2 2029 2030 BG: 5 5041 5042 5043 5044 5045 5049 5050 Tract: 1503.01 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
Clayton County Tract: 406.08 BG: 1 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054
Henry County Tract: 701.02 BG: 1 1008 1009 1010 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 1081 1082 1083 1999 BG: 2
WEDNESDAY, APRIL 10, 2002
Tract: 701.04 BG: 1 1042 1046 1049 1050 1051 1052 1053 1054 1055 1056 1065 1066 1067 1068 1069 BG: 2 2002 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 Tract: 701.05 BG: 1 1002 1146 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2024 2025 2027 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 Tract: 701.06 BG: 1 1000 1001 1002 1003 1004 1008 1009 1011 1019 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2013 2014 2015 2016 2017 2018 2019 2020 Tract: 702.01 BG: 1 BG: 2 2000 2001 2002 2008 2009 2010 2011 2012 2013 2021 2022 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 Tract: 702.02 Tract: 702.03 Tract: 703.03 BG: 1 1008 1009 1010 1011 1012 1013 1016 1017 1018 1019 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1047 1048 1068 1069 1070 1071 1072 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 BG: 2 BG: 3 Tract: 703.04 Tract: 703.05 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
4219
4220
JOURNAL OF THE HOUSE
BG: 2 Tract: 703.06 Tract: 704.01 Tract: 704.02 Tract: 705
Newton County Tract: 1001 BG: 2 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2996 2997 Tract: 1004 BG: 1 1071 1072 BG: 2 2018 2019 2020 2021 2037 BG: 3 3011 Tract: 1005 BG: 1 1000 1001 1002 1003 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 1072 1073 1075 1076 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 1999 Tract: 1006 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 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 1099 1100 1101 1999 Tract: 1009 BG: 1 BG: 2 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2997
WEDNESDAY, APRIL 10, 2002
Rockdale County Tract: 603.05 BG: 2 2000 Tract: 603.06 BG: 1 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 Tract: 603.07 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 BG: 2 2028 2029 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 3030 3031 3032 3033 3034 3035 3036 3038 3039 3040 Tract: 604.04 BG: 2 2011 2012 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 BG: 3 Tract: 604.05 BG: 1 1000 1001 1002 1003 1004 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 BG: 2 Tract: 604.06 Tract: 604.07
District 18 Bibb County
Tract: 130 BG: 2 2200 2201 2202 2214 2215 2216 2217 2218 2219 2220 2221 2222 2235 2236 2990 2991 Tract: 131.01 BG: 5 5001 5002 5037 Tract: 135.01 Tract: 135.02
4221
4222 Bleckley County Houston County Pulaski County
JOURNAL OF THE HOUSE
District 19 Cherokee County
Tract: 901 Tract: 902 BG: 1 1000 1001 1002 BG: 3 3000 3001 3002 3999 Tract: 903 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 1036 1037 1040 1041 1042 1043 1044 1045 1052 1999 Tract: 904 Tract: 905.01 Tract: 905.02 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4014 4019 4020 4021 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5030 5031 5033 5034 5035 5036 5037 BG: 6 Tract: 906.01 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3089 3090 3091 3092 3093 BG: 6 6000 6001 6002 6003 Tract: 906.02 BG: 1
WEDNESDAY, APRIL 10, 2002
BG: 2 BG: 5 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 Tract: 907.01 BG: 3 3049 3050 3054 BG: 4 4000 4001 4036 4037 4038 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4998 4999 Tract: 907.02 Tract: 908.01 BG: 4 4007 4008 4010 4011 BG: 6 6006 6007 6008 6015 6016 6017 6018 6019 6020 6021 BG: 7 7001 7002 7003 7004 7005 7006 7007 7008 7999 Tract: 909.03 BG: 2 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 BG: 4 BG: 5 BG: 6 Tract: 910.01 Tract: 910.03 BG: 2 2000 2001 2002 2003 2004 2018 2019 2020 2021 Tract: 910.05 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
Dawson County
Forsyth County Tract: 1301 Tract: 1302 Tract: 1303 Tract: 1304.01 Tract: 1304.02
4223
4224
JOURNAL OF THE HOUSE
Tract: 1305.01 Tract: 1305.02 Tract: 1306 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 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 BG: 2 2007 2008 2028 2029 2030 2032 2033 2034 2035 2036 2059 2060 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2079 2080 2081
District 20 Dodge County Emanuel County Jeff Davis County Johnson County Laurens County Montgomery County Telfair County Treutlen County Wheeler County
District 21 Cherokee County
Tract: 910.03
WEDNESDAY, APRIL 10, 2002
BG: 1 BG: 2 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2022 2023 Tract: 910.05 BG: 2 2012 2013 2014 2015 2016 2017 2018
Cobb County Tract: 301.02 BG: 1 1000 1001 1002 1003 1054 1055 1056 1057 Tract: 302.05 BG: 2 Tract: 302.12 Tract: 303.10 Tract: 303.11 Tract: 303.12 Tract: 303.13 Tract: 303.14 Tract: 303.22 Tract: 303.23 Tract: 303.24 Tract: 303.25 Tract: 303.26 Tract: 303.27 Tract: 303.28 Tract: 303.29 Tract: 303.30 Tract: 303.31 Tract: 303.32 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2998 2999 Tract: 303.35 Tract: 303.36 BG: 1 Tract: 305.01 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011
4225
4226
JOURNAL OF THE HOUSE
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 4062 4064 4066 4067 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 Tract: 305.02 Tract: 305.04 BG: 1 1000 1001 1002 1003 1004 1005 1006 BG: 2 BG: 3 Tract: 306 BG: 1 1000 1003 1005 1007 1008 1011 BG: 5 5000 5001 5002 5003 5004 5005 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5053 5056 5057 5997 5998 5999 Tract: 307 BG: 1 1001 1002 1003 1005 1013 1016 1017 1018 1019 1020 1021 1022 BG: 4 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016
District 22 Richmond County
Tract: 1 Tract: 10 BG: 1 1014 1015 1016 1017 1018 1019 1020 BG: 2 2005 2007 2008 2009 2010 2011 2012 2013 2014 BG: 3 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 BG: 4 Tract: 101.02 BG: 2 BG: 3 Tract: 102.01 BG: 1 BG: 2 BG: 3
WEDNESDAY, APRIL 10, 2002
3000 3001 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 Tract: 103 Tract: 104 Tract: 105.05 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 BG: 3 3004 3005 3006 3007 3008 3009 3010 3011 Tract: 105.06 Tract: 105.07 Tract: 105.08 Tract: 105.09 Tract: 105.10 Tract: 105.11 Tract: 106 BG: 1 BG: 2 BG: 3 BG: 4 BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 9008 9009 9010 9011 9012 9013 9014 9015 9016 9017 9018 9019 9020 9021 9022 9023 9024 9025 9026 9027 9028 9029 9030 9031 9032 9033 9034 9035 9036 9037 9038 9039 9040 9041 9042 9043 9044 9045 9046 9047 9048 9049 9050 9051 9052 9053 9054 9055 9056 9057 9058 9059 9060 9061 9062 9063 9064 9065 9066 9067 9068 9069 9070 9071 9072 9073 9074 9075 9076 9077 9078 9079 9080 9081 9082 9083 9084 9085 9086 9087 9088 9089 9090 9106 9107 9108 9109 9997 9998 9999 Tract: 107.03 Tract: 107.04 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 1061 1062 1063 1064 1065 1066 Tract: 107.05 Tract: 107.06
4227
4228
JOURNAL OF THE HOUSE
Tract: 108 BG: 9 9010 9011 9012 9013 9014 Tract: 109.01 BG: 1 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 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3074 3996 3997 3998 3999 BG: 4 4000 4001 4002 4003 4004 4005 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4999 Tract: 109.02 BG: 4 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 4098 4099 4100 4101 4102 4103 4104 4105 4982 4983 4984 Tract: 11 Tract: 12 Tract: 13 Tract: 14 Tract: 15 Tract: 16 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2015 2016 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 BG: 5 BG: 6 6000 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 Tract: 2 BG: 2 2004 BG: 3 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012
WEDNESDAY, APRIL 10, 2002
3013 3014 3015 3016 3017 3018 3019 3020 3021 BG: 4 4019 4020 Tract: 4 Tract: 6 Tract: 7 Tract: 8 BG: 1 1017 1018 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 BG: 2 Tract: 9
District 23 Burke County
Glascock County
Jefferson County
McDuffie County Tract: 9501 BG: 2 2114 2115 2116 2117 2118 2119 2120 Tract: 9502 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 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 BG: 3 3000 3001 3002 3003 3004 3006 3035 3036 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3999 BG: 5 5003 5004 Tract: 9503 Tract: 9504 BG: 1 1013 BG: 2 BG: 3 BG: 4
4229
4230
JOURNAL OF THE HOUSE
4017 4018 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4044 4045 4046 4047 4048 4049 4050 BG: 5 Tract: 9505 BG: 1 1035 1036 1037 1038 1039 1041 1042 1048 1049 1050 1051 1052 1053 1054 BG: 2 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 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2996 2997 2998
Richmond County Tract: 10 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 BG: 2 2000 2001 2002 2003 2004 2006 BG: 3 3000 3001 3002 3003 Tract: 101.01 Tract: 101.02 BG: 1 BG: 4 Tract: 101.04 Tract: 101.05 Tract: 102.01 BG: 3 3002 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3999 Tract: 102.03 Tract: 102.04 Tract: 105.04 Tract: 105.05 BG: 2 2009 BG: 3 3000 3001 3002 3003 Tract: 106
WEDNESDAY, APRIL 10, 2002
BG: 9 9091 9092 9093 9094 9095 9096 9097 9098 9099 9100 9101 9102 9103 9104 9105 9995 9996 Tract: 107.04 BG: 1 1060 Tract: 108 BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 9008 9009 9996 9997 9998 9999 Tract: 109.01 BG: 3 3073 BG: 4 4006 4007 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 4073 4998 Tract: 109.02 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4106 4107 4108 4109 4110 4111 4112 4113 4114 4115 4116 4117 4118 4119 4120 4121 4122 4123 4124 4125 4126 4127 4128 4129 4130 4131 4132 4133 4134 4135 4136 4137 4138 4139 4140 4141 4142 4143 4144 4145 4146 4147 4148 4149 4150 4151 4152 4153 4154 4155 4156 4157 4158 4159 4160 4161 4162 4163 4164 4165 4166 4167 4168 4169 4170 4171 4172 4173 4174 4175 4176 4177 4178 4985 4986 4987 4988 4989 4990 4991 4992 4993 4994 4995 4996 4997 4998 4999 Tract: 16 BG: 2 2009 2010 2011 2012 2013 2014 2017 2036 2037 2038 BG: 3 BG: 4 BG: 6 6001
4231
4232
JOURNAL OF THE HOUSE
Tract: 2 BG: 1 BG: 2 2000 2001 2002 2003 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 BG: 3 3000 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4021 4022 4995 4996 4997 4998 4999 Tract: 3 Tract: 8 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1019 1020 1998 1999
Warren County
Washington County
District 24 Columbia County
Elbert County
Lincoln County
McDuffie County Tract: 9501 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 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 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 2111 2112 2113 2995 2996 2997 2998 2999
WEDNESDAY, APRIL 10, 2002
Tract: 9502 BG: 1 1000 1001 1002 1003 1004 BG: 2 BG: 3 3005 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 3037 BG: 4 BG: 5 5000 5001 5002 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 Tract: 9504 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1014 1015 1016 1017 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4019 4020 4021 4022 4023 4024 4041 4042 4043 4051 4052 4053 4054 4055 4056 4057 4058 Tract: 9505 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 1040 1043 1044 1045 1046 1047 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 BG: 2 2000 2001 2002 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2060 2061 2062 2992 2993 2994 2995 2999 BG: 3 BG: 4
Wilkes County
District 25 Baldwin County
Greene County
Hancock County
4233
4234
JOURNAL OF THE HOUSE
Jasper County
Jones County Tract: 301.01 Tract: 301.02 BG: 1 BG: 2 2002 2003 2010 2011 2012 2013 2014 Tract: 302 Tract: 303.01 Tract: 303.02 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 3028 3029 3030 3041 3042 3049 3050 3051
Morgan County
Putnam County
Taliaferro County
Walton County Tract: 1101 BG: 2 2011 2021 2054 2055 Tract: 1102 BG: 2 2065 2066 2067 2068 2069 2070 2071 BG: 3 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 Tract: 1103 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 3023 Tract: 1104 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029
WEDNESDAY, APRIL 10, 2002
1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1997 1998 1999 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 2031 2032 2033 2044 2046 2047 2048 2049 2050 2051 2052 2058 2998 2999 Tract: 1107 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1023 1024 1025 1026 1027 1028 1029 1030 1037 1038 1039 1040 1041 1042 1043 1044 1045 1066 1067 1068 1069 1070 1997 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2010 2011 2012 2016 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 Tract: 1108 BG: 1 1000 1001 1002 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1028 1029 1030 1047 1053
District 26 Bibb County
Tract: 101 Tract: 102 Tract: 103 Tract: 104 Tract: 105 Tract: 106 Tract: 107 Tract: 108 Tract: 110 Tract: 111 Tract: 112 Tract: 113 Tract: 114 Tract: 115 Tract: 117.01 Tract: 117.02 Tract: 118 Tract: 119
4235
4236
JOURNAL OF THE HOUSE
Tract: 120 Tract: 121 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1019 1025 1026 1027 1028 1029 1030 1032 1033 1034 1035 1036 1048 1050 1051 1052 1053 1056 1057 1058 1059 1060 1061 BG: 2 2000 2001 2002 2003 2004 2005 2007 2008 2009 2010 2011 2016 2017 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 BG: 3 Tract: 122 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 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2042 2998 2999 Tract: 123 Tract: 124 Tract: 125 Tract: 126 Tract: 127 Tract: 128 Tract: 129 Tract: 130 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 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 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 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179
WEDNESDAY, APRIL 10, 2002
2180 2181 2182 2183 2184 2185 2186 2187 2188 2189 2190 2191 2192 2193 2194 2195 2196 2197 2198 2199 2203 2204 2205 2206 2207 2208 2209 2210 2211 2212 2213 2223 2224 2225 2226 2227 2228 2229 2230 2231 2232 2233 2234 2992 2993 2994 2995 2996 2997 2998 2999 Tract: 131.01 BG: 1 BG: 2 BG: 3 BG: 4 BG: 5 5000 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 5038 5039 5040 5041 5042 5043 5044 5045 Tract: 131.02 Tract: 132.01 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 1999 BG: 2 BG: 3 BG: 4 Tract: 132.02 Tract: 133.01 Tract: 133.02 Tract: 134.01 BG: 1 1018 1019 1020 1022 1023 1024 1025 1026 1027 1028 1029 1036 BG: 2 2024 2025 2026 2028 2029 2030 2031 Tract: 134.02 BG: 4 4016 4017 4018 4019 Tract: 136.01 BG: 2 2000 2002 2003 2004 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4014 4015 4016 4017 4035 4036 4037 4038 4039 4040 Tract: 136.02
4237
4238
JOURNAL OF THE HOUSE
BG: 1 BG: 2 BG: 3 BG: 4 4004 4005 4006 4007 4008 4009 BG: 5 5000 5001 5002 5003
Jones County Tract: 301.02 BG: 2 2000 2001 2004 2005 2006 2007 2008 2009 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 BG: 3 BG: 9 Tract: 303.02 BG: 3 3024 3025 3026 3027 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3043 3044 3045 3046 3047 3048
Twiggs County
Wilkinson County
District 27 Barrow County
Tract: 1801.01 BG: 1 1000 1001 1002 1003 1014 1015 1016 1017 1018 1019 1020 1021 1022 1029 1030 1031 1032 1033 1034 1035 1036 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1092 1093 1094 1095 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1130 1131 1132 1136 1137 1138 1139 1140 1141 1142 1143 1145 1146 1147 1148 1149 1150 1151 1152 Tract: 1801.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 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
WEDNESDAY, APRIL 10, 2002
1065 1066 1067 Tract: 1802.01 BG: 3 3063 BG: 4 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4999 Tract: 1802.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1018 1019 1020 1021 1022 1023 1024 1025 1026 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1051 1052 1053 1054 1055 1056 1057 BG: 2 2043 2047 2048 2049 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2997 2998 2999 Tract: 1803 BG: 2 2051 2052 2053 2054 Tract: 1805 BG: 1 BG: 2 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2037 2038 2039 2040 2043 2044 2045 2046 BG: 3 3037 BG: 4 4042 4043
Gwinnett County Tract: 501.03 BG: 3 Tract: 501.05 Tract: 501.06 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 6047 6048 6049 6050 6051 BG: 7 Tract: 502.02
4239
4240
JOURNAL OF THE HOUSE
BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 Tract: 505.07 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3013 3014 3015 3016 3017 3018 3019 3020 BG: 7 Tract: 505.09 Tract: 505.13 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 3022 3023 3024 3025 3026 3027 3030 3031 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3999 Tract: 505.14 Tract: 505.16 BG: 5 5000 5001 5002 5003 5005 Tract: 505.19 BG: 7 7000 7001 7002 7003 7004 7005 7006 7007 7008 7009 7012 Tract: 505.20 BG: 1 1000 BG: 2 Tract: 505.21 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3022 3023 3024 Tract: 505.22 Tract: 506.02 Tract: 506.03 Tract: 506.04 Tract: 507.04 BG: 1 1036 Tract: 507.05 Tract: 507.20 BG: 1 1999
WEDNESDAY, APRIL 10, 2002
Walton County Tract: 1101 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 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 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2052 2053 2056 2057 2058 2059 2060 2998 2999 Tract: 1102 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 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 2064 2072 2073 2998 2999 BG: 3 3000 3001 3002 3003 3004 3005 Tract: 1103 BG: 3 3022 Tract: 1104 BG: 1 1009 1010 1011 1012 1013 1996 Tract: 1105.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1119 1120
District 28 Coweta County
Fayette County Tract: 1402.05 BG: 1 1011 1012 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1998 1999 BG: 2 2006 2007 2008 2009 2010 2012 2013 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
4241
4242
JOURNAL OF THE HOUSE
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 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2994 Tract: 1402.06 BG: 1 1025 1028 1029 1030 BG: 2 2016 2017 Tract: 1403.03 Tract: 1403.04 Tract: 1403.05 BG: 1 1019 1029 1030 1031 1032 Tract: 1403.06 Tract: 1403.07 Tract: 1404.04 BG: 2 2030 2031 Tract: 1404.05 BG: 1 1000 1001 1002 1006 1007 1008 1010 1011 1012 1013 1999 BG: 2 2020 Tract: 1405.01 Tract: 1405.02
Spalding County Tract: 1601 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 1997 1998 1999 BG: 2 Tract: 1602 Tract: 1603 BG: 1 1000 1001 1002 1003 1004 1005
WEDNESDAY, APRIL 10, 2002
Tract: 1605 BG: 1 1000 1001 1002 1005 1032 1033 1034 1035 1036 1037 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2012 2015 2016 2017 2018 2019 2023 2024 2025 2032 2033 2034 2035 2038 2043 2047 2048 2049 2059 2060 2072 2998 Tract: 1606 Tract: 1607 BG: 5 5009 5011 5012 5075 5076 5077 5078 5079 5080 5081 5082 5083 5084 5085 5999 Tract: 1608 BG: 1 1000 1001 1002 1003 Tract: 1609 BG: 2 2053 BG: 3 3046 Tract: 1610 Tract: 1611 BG: 2 2002 2003 2004 2005 2006 2008 2009 2033 2034 2035 2038 2045 2046 2047 2048 2049 2050 Tract: 1612 BG: 4 4059 4060
District 29 Heard County
Lamar County Tract: 9701 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 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 2064 2065 2066 2067 2068 2069 2070 2071
4243
4244
JOURNAL OF THE HOUSE
2072 2073 2079 2080 2081 2996 2997 2998 2999 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 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3053 3054 3055 3059 3060 3061 3062 3063 3064 3999 Tract: 9702 BG: 1 1003 1004 BG: 2 2000 2002
Meriwether County Tract: 9701 Tract: 9702 Tract: 9703 Tract: 9704 Tract: 9705 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 1039 1040 1041 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1997 1998 1999 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 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2070 2071 2072 2073 2075 2076 2077 2078 2079 2080 2081 2996 2997 2998 2999 BG: 3 BG: 4 BG: 5 5000 5001 5002 5003 5008 5009 5010 BG: 6 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6020 6021 6022 6023 6024 6025 6026 6028 6029 6032 6033 BG: 7 7043
WEDNESDAY, APRIL 10, 2002
Tract: 9706
Pike County Tract: 9801 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 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 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2997 2998 2999 BG: 3 Tract: 9802 Tract: 9803 Tract: 9804
Spalding County Tract: 1601 BG: 1 1090 Tract: 1603 BG: 1 1006 1007 1008 1009 1010 1999 BG: 2 Tract: 1604 Tract: 1605 BG: 1 1003 1004 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 BG: 2 2010 2011 2013 2014 2020 2021 2022 2026 2027 2028 2029 2030 2031 2036 2037 2039 2040 2041 2042 2044 2045 2046 2050 2051 2052 2053 2054 2055 2056 2057 2058 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2073 2074 2075 2996 2997 2999 Tract: 1607 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5010 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
4245
4246
JOURNAL OF THE HOUSE
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 5067 5068 5069 5070 5071 5072 5073 5074 5086 5087 5088 Tract: 1608 BG: 1 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 BG: 2 BG: 3 Tract: 1609 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 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 2054 2055 2056 2057 2058 2059 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 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 Tract: 1611 BG: 1 BG: 2 2000 2001 2007 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2036 2037 2039 2040 2041 2042 2043 2044 Tract: 1612 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 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 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047
WEDNESDAY, APRIL 10, 2002
4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058
Troup County Tract: 9601 Tract: 9602 Tract: 9603 Tract: 9604 Tract: 9605.01 Tract: 9605.02 Tract: 9606 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 1042 1054 1055 1057 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 9607 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 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3044 3998 3999 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4022 4023 4024 BG: 5 5003 5004 Tract: 9608 Tract: 9609.01 Tract: 9609.02 Tract: 9610 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 1043 1044 1045 1046 1047 BG: 2 BG: 3
4247
4248
JOURNAL OF THE HOUSE
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 BG: 4 BG: 5 Tract: 9611 BG: 1 1002
Upson County Tract: 9902.02 BG: 1 1041
District 30 Carroll County
Douglas County Tract: 802.01 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 BG: 2 2001 2015 2016 2017 2018 2019 2021 2022 2023 2024 2025 BG: 4 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 Tract: 802.02 BG: 5 5002 5003 5004 5005 5006 5007 5008 5009 5010 Tract: 803.01 BG: 1 1000 1001 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 Tract: 803.02 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 Tract: 804.01 Tract: 804.02 Tract: 805.03 BG: 2
WEDNESDAY, APRIL 10, 2002
BG: 4 BG: 5 BG: 6 Tract: 805.04 BG: 3 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 Tract: 805.05 Tract: 805.06 Tract: 805.07 Tract: 806.01 BG: 1 BG: 2 2018 2019 BG: 3
Paulding County Tract: 1205 BG: 1 1057 1058 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 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 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2073 2074 2075 BG: 3 BG: 5 5000 5001 5012 5013 5014 5015 5016 5017 Tract: 1206 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5019 5020 5021 5050 5051 5052 5998 5999
District 31 Douglas County
Tract: 803.01 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013
4249
4250
JOURNAL OF THE HOUSE
1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1999 BG: 2 Tract: 803.02 BG: 3 BG: 5 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 BG: 6
Haralson County
Paulding County Tract: 1201 Tract: 1202.01 Tract: 1202.02 Tract: 1203 Tract: 1204 Tract: 1205 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 1059 1060 1061 1062 1063 1064 BG: 2 2000 2014 2015 2071 2072 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 BG: 4 BG: 5 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5018 Tract: 1206 BG: 1 BG: 2 BG: 3 BG: 5 5017 5018 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 5053 5054 5055 5056 5057 5058
5996 5997 Polk County
WEDNESDAY, APRIL 10, 2002
District 32 Cobb County
Tract: 303.18 Tract: 303.19 Tract: 303.20 Tract: 303.32 BG: 2 2008 2009 2010 Tract: 303.33 Tract: 303.34 Tract: 303.36 BG: 2 BG: 3 Tract: 303.37 Tract: 303.38 BG: 1 BG: 2 BG: 3 3000 BG: 4 4000 4001 4002 4003 4005 4006 4011 4012 4013 4014 4015 4018 Tract: 303.39 Tract: 304.01 Tract: 304.02 Tract: 304.04 Tract: 304.05 BG: 1 BG: 2 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2045 2046 Tract: 305.04 BG: 1 1007 1008 1009 1010 1011 1012 Tract: 305.05 Tract: 307 BG: 1 1000
4251
4252
JOURNAL OF THE HOUSE
BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 BG: 3 3000 3001 3002 3003 Tract: 308 BG: 1 1000 1001 1024 1025 1026 BG: 2 2000 2001 2002 2004 2011 Tract: 312.02 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3997 3998 3999 BG: 4 4000 4001 4002 4004 4032 4033 4034 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5017 5018 5019 5020 5021 5022 5023 5024 Tract: 312.03 BG: 1 1000 1001 1002 1003 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1033 1034 1035 1036 1037 1038 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 2032 2033 2034 2035 2036 2998 2999 Tract: 312.04 BG: 1 1010 1011 1012 1013 1014 1015 1045 1046 1047 1048 1049 1050 BG: 2
Fulton County Tract: 100 BG: 1 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1999 BG: 2 BG: 3 BG: 4 4004 4005 4006 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028
WEDNESDAY, APRIL 10, 2002
4029 4030 4031 4032 4033 Tract: 101.01 BG: 1 1035 1036 Tract: 102.06 BG: 4 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4997 4998 4999 BG: 6 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6012 Tract: 102.07 BG: 3 3005 3015 Tract: 89.01 BG: 1 1000 1001 1002 1003 1004 BG: 2 BG: 6 6000 6001 6002 6003 6004 6005 6006 6007 6010 6018 6019 6020 6021 6999 Tract: 94.01 Tract: 94.02 Tract: 95 BG: 1 BG: 2 Tract: 96 Tract: 97 Tract: 98 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4014 4015 4016 Tract: 99 BG: 2 2004 2005 2006 2007 2008 2009 2010 BG: 3
District 33 Cobb County
Tract: 303.38
4253
4254
JOURNAL OF THE HOUSE
BG: 3 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 BG: 4 4004 4007 4008 4009 4010 Tract: 304.05 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2044 2047 Tract: 304.06 Tract: 308 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1027 BG: 2 2003 2005 2006 2007 2008 2009 2010 2012 2013 2014 2015 2016 2017 2018 2019 BG: 3 3000 3001 3003 3004 3006 3024 3025 3026 3030 3031 3037 3038 3039 3040 3041 3042 3043 Tract: 309.02 BG: 1 1024 BG: 2 2000 2004 2005 2006 2010 2011 2012 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Tract: 309.04 Tract: 309.05 Tract: 310.01 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2019 2021 2022 2023 2024 2025 2026 2027 2028 2029 2032 BG: 9 Tract: 310.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1017 1018 1019 1020 1021 1022 1023 BG: 2 Tract: 310.04 BG: 1 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026
WEDNESDAY, APRIL 10, 2002
BG: 2 BG: 3 Tract: 310.05 Tract: 311.01 BG: 2 2001 2002 2003 2009 2010 Tract: 311.06 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4999 BG: 5 Tract: 311.07 BG: 4 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4046 4047 4048 4999 Tract: 311.08 Tract: 311.09 BG: 1 1000 1001 1002 1017 1018 BG: 2 Tract: 311.11 BG: 1 1021 1022 1023 1024 1025 1026 1027 1028 1031 1032 Tract: 313.02 BG: 1 BG: 2 BG: 3 BG: 4 4012 BG: 9 Tract: 313.06 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1020 1021 1022 1023 1024 1025 1026 BG: 2 Tract: 313.07 BG: 1 1005 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 Tract: 313.08 Tract: 313.09
4255
4256
JOURNAL OF THE HOUSE
Tract: 313.10 Tract: 313.11 Tract: 314.04 Tract: 314.05 Tract: 314.06 Tract: 314.07 Tract: 315.01 BG: 2 2012 2015 2017 2022 2023 2024 2032 2033 2034 BG: 3 BG: 4 BG: 5 BG: 6 BG: 7 Tract: 315.03 BG: 2 2018 2019 Tract: 315.04 BG: 1 1007 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 2030 2031 2033 2034 2035 2036 2037 2038 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 3029 3031 3032 3033 BG: 4 Tract: 315.05 BG: 1 1000 1001 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 BG: 2 BG: 3
District 34 Clayton County
Tract: 401 Tract: 402.01 Tract: 402.02
WEDNESDAY, APRIL 10, 2002
BG: 1 BG: 9 9000 9005 9006 9007 9008 9035 9036 9997 9998 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 4000 4001 4002 4003 4004 4009 4010 4011 Tract: 405.06 Tract: 405.09 Tract: 405.10 Tract: 405.11 Tract: 405.12 Tract: 405.13 Tract: 405.14 Tract: 405.15 Tract: 405.16 Tract: 405.17 Tract: 405.18 Tract: 406.07 BG: 1 1001 1002 1003 1018 1019 1020 1021 1022 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 BG: 3 3010 3011 3012 3013 3022 3023 3024 3025 3026 3027 3028 Tract: 406.08 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 1994 1995 1996 1997 1998 1999 Tract: 406.12 BG: 3 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022
4257
4258
JOURNAL OF THE HOUSE
3023 3024 3025 3026 3027
Fayette County Tract: 1401.01 Tract: 1401.02 Tract: 1402.03 Tract: 1402.04 Tract: 1402.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1013 1014 BG: 2 2000 2001 2002 2003 2004 2005 2011 2014 2015 2016 2017 2018 2019 2020 2995 2996 2997 2998 2999 Tract: 1402.06 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 1026 1027 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2998 2999 Tract: 1403.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1020 1021 1022 1023 1024 1025 1026 1027 1028 1033 1034 1997 1998 1999 Tract: 1404.03 Tract: 1404.04 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 2023 2024 2025 2026 2027 2028 2029 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2997 2998 2999 Tract: 1404.05 BG: 1 1003 1004 1005 1009 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2021 2022 2023 2024 Tract: 1404.06 Tract: 1404.07
Tract: 1404.08
WEDNESDAY, APRIL 10, 2002
District 35 Douglas County
Tract: 801.01 Tract: 802.01 BG: 1 1000 BG: 2 2000 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2020 2026 2027 2028 2029 BG: 4 4000 4001 4002 4003 4004 4005 4006 Tract: 802.02 BG: 3 BG: 5 5000 5001 5011 5012 BG: 6 Tract: 805.03 BG: 1 Tract: 805.04 BG: 3 3000 3001 3002 3003 3004 3005 3006 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3999 BG: 4 Tract: 806.01 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2020 2021 2022 2023 2024 2999 BG: 4 BG: 6 Tract: 806.02
Fulton County Tract: 103.01 Tract: 103.03 BG: 1 BG: 2 2044 2045 2046 2047 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2068 2069 2070 2997 Tract: 103.04 Tract: 104
4259
4260
JOURNAL OF THE HOUSE
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 Tract: 106.03 Tract: 106.04 Tract: 107 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1019 1020 1021 1022 1023 1024 1026 1027 BG: 2 BG: 3 Tract: 108 BG: 5 5016 5017 5019 5020 5021 5022 5023 5024 5025 5026 5059 5060 5061 5062 5063 5064 5065 Tract: 112.02 BG: 4 4008 4009 Tract: 113.03 BG: 2 2002 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 BG: 3 BG: 4 Tract: 113.04 Tract: 77.02 BG: 2 2020 BG: 3 3003 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3026 3027 3028 3029 3030 BG: 4 Tract: 78.02 BG: 1 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040
BG: 2 BG: 3
WEDNESDAY, APRIL 10, 2002
District 36 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: 108 BG: 1 BG: 2 BG: 3 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5018 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 5066 5067 5068 5069 5070 5071 5072 5073 5074 5075 5076 5077 BG: 8 Tract: 109 BG: 1 1051 Tract: 11 BG: 1 1016 Tract: 110 BG: 1 1010 BG: 2 2016 2017 2018 2019 Tract: 12 BG: 3 3000 3001 3018 3019 3020 3021 3022 3023 3024 3030 3031 3032 BG: 4 4000 4001 4002 4011 BG: 5 5000 5001 5002 5011 5012 5013
4261
4262
JOURNAL OF THE HOUSE
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 BG: 1 1000 1001 1008 1009 1010 1011 1012 1013 1014 BG: 2 2000 2001 2002 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Tract: 26 Tract: 27 Tract: 28 Tract: 29 Tract: 30 Tract: 31 Tract: 32 Tract: 33 Tract: 35 Tract: 36 Tract: 37 Tract: 38 BG: 2 2008 BG: 4 4004 4005 Tract: 4 BG: 1 1000 1001 Tract: 43 BG: 1 BG: 3
WEDNESDAY, APRIL 10, 2002
3000 Tract: 44 Tract: 46 Tract: 48 Tract: 49 Tract: 5 BG: 2 2000 2001 Tract: 50 Tract: 52 Tract: 53 Tract: 55.01 Tract: 55.02 Tract: 56 Tract: 57 Tract: 58 Tract: 63 Tract: 64 Tract: 65 Tract: 67 Tract: 68.01 Tract: 68.02 Tract: 69 Tract: 70.01 Tract: 70.02 Tract: 71 Tract: 72 Tract: 73 Tract: 74 BG: 1 BG: 2 2000 2001 2002 2004 2005 2006 2007 2008 2009 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
District 37
4263
4264
JOURNAL OF THE HOUSE
Cobb County Tract: 301.01 Tract: 301.02 BG: 1 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 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1999 BG: 2 Tract: 301.03 Tract: 302.05 BG: 1 Tract: 302.08 Tract: 302.09 Tract: 302.10 Tract: 302.11 Tract: 302.13 Tract: 302.14 Tract: 302.15 Tract: 302.16 Tract: 302.17 Tract: 305.01 BG: 4 4060 4061 4063 4065 4068 4069 4070 4071 4072 4073 4074 4075 Tract: 306 BG: 1 1001 1002 1004 1006 1009 1010 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 BG: 2 BG: 3 BG: 4 BG: 5 5006 5007 5008 5009 5010 5011 5012 5013 5014 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 5054 5055 Tract: 307 BG: 1
WEDNESDAY, APRIL 10, 2002
1004 1006 1007 1008 1009 1010 1011 1012 1014 1015 BG: 2 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 BG: 3 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 BG: 4 4000 4001 4002 4003 4004 4005 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 Tract: 308 BG: 3 3002 3005 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3027 3028 3029 3032 3033 3034 3035 3036 Tract: 309.01 Tract: 309.02 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 BG: 2 2001 2002 2003 2007 2008 2009 2013 2014 BG: 3 BG: 4 Tract: 315.01 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2013 2014 2016 2018 2019 2020 2021 2025 2026 2027 2028 2029 2030 2031 2999 Tract: 315.03 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2020 2999 BG: 3 Tract: 315.04 BG: 1 1000 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1012 1013 1014 1999 BG: 2
4265
4266
JOURNAL OF THE HOUSE
2029 2032 BG: 3 3025 3026 3027 3028 3030 Tract: 315.05 BG: 1 1002 1003 1004 1005 1006 1007 1024 1025
District 38 Cobb County
Tract: 303.38 BG: 4 4016 4017 4019 4020 4021 4022 4023 4024 4025 Tract: 310.01 BG: 2 2018 2020 2030 2031 2033 Tract: 310.02 BG: 1 1016 Tract: 310.04 BG: 1 1000 1001 1002 Tract: 311.01 BG: 1 BG: 2 2000 2004 2005 2006 2007 2008 BG: 3 Tract: 311.05 Tract: 311.06 BG: 4 4020 Tract: 311.07 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 Tract: 311.09 BG: 1 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040
WEDNESDAY, APRIL 10, 2002
Tract: 311.10 Tract: 311.11 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1029 1030 1033 1034 1035 1036 1037 1038 1039 1040 Tract: 311.12 Tract: 312.02 BG: 3 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3996 BG: 4 4003 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 4030 4031 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 BG: 5 5010 5011 5012 5013 5014 5015 5016 BG: 6 Tract: 312.03 BG: 1 1004 1005 1006 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 BG: 2 2031 Tract: 312.04 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 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 Tract: 313.02 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 BG: 5 Tract: 313.06 BG: 1 1019 Tract: 313.07 BG: 1 1000 1001 1002 1003 1004 1006
4267
4268
JOURNAL OF THE HOUSE
BG: 2 BG: 3
Fulton County Tract: 103.03 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 2048 2049 2063 2064 2065 2066 2067 2995 2996 2998 2999 Tract: 113.01 BG: 5 5002 5003 Tract: 77.01 Tract: 77.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1012 1013 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2021 2999 BG: 3 3000 3001 3002 3004 3005 3006 3007 3008 3009 3024 3025 Tract: 78.02 BG: 1 1000 1001 1002 1017 1018 1019 1020 1021 Tract: 78.05 Tract: 78.06 Tract: 78.07 Tract: 78.08 Tract: 79 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1013 1014 BG: 2 BG: 3 Tract: 81.02 Tract: 82.01 Tract: 82.02 Tract: 83.01 Tract: 83.02 BG: 1 1002 1003 1004 1005
WEDNESDAY, APRIL 10, 2002
BG: 2 BG: 4 Tract: 85 Tract: 86.01 Tract: 86.02 Tract: 87.01 Tract: 87.02 Tract: 88 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 1049 1999 BG: 3 Tract: 89.01 BG: 1 1005 1006 1007 1008 1009 1010 BG: 6 6008 6009 6011 6012 6013 6014 6015 6016 6017 6998 Tract: 89.02 BG: 3 3004
District 39 Fulton County
Tract: 1 BG: 1 1000 1001 1002 1003 1004 1005 1006 1013 1014 Tract: 10 Tract: 107 BG: 1 1018 1025 Tract: 108 BG: 5 5013 5014 5015 Tract: 109 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
4269
4270
JOURNAL OF THE HOUSE
1048 1049 1050 1052 1053 1054 1055 1056 1057 Tract: 11 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1017 1018 Tract: 110 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1011 1012 1013 1014 1015 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 BG: 3 BG: 5 Tract: 111 Tract: 112.01 Tract: 112.02 BG: 1 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4010 4011 4012 4013 4014 4015 BG: 5 BG: 6 BG: 7 BG: 8 Tract: 113.01 BG: 1 BG: 2 BG: 3 BG: 4 BG: 5 5000 5001 5004 5005 5006 5007 5008 5009 5999 BG: 6 Tract: 113.03 BG: 1 BG: 2 2000 2001 2003 Tract: 12 BG: 3 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3025 3026 3027 3028 3029 BG: 4 4003 4004 4005 4006 4007 4008 4009 4010
WEDNESDAY, APRIL 10, 2002
BG: 5 5003 5004 5005 5006 5007 5008 5009 5010 Tract: 2 BG: 1 1004 1005 1006 1007 1008 1009 Tract: 22 BG: 1 1002 1003 1004 1005 1006 1007 1015 1016 1017 1018 1019 1020 1021 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2026 2027 2028 2029 2030 2031 Tract: 23 Tract: 24 Tract: 25 Tract: 38 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2009 2010 2011 2012 BG: 4 4000 4001 4002 4003 Tract: 39 Tract: 4 BG: 1 1002 1003 1004 1005 1006 1007 BG: 2 Tract: 40 Tract: 41 Tract: 42 Tract: 43 BG: 3 3001 3002 Tract: 5 BG: 1 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Tract: 6 Tract: 60 Tract: 61 Tract: 62 Tract: 66.01 Tract: 66.02
4271
4272
JOURNAL OF THE HOUSE
Tract: 7 Tract: 74 BG: 2 2003 Tract: 75 BG: 2 2004 2005 2011 2012 BG: 3 3012 BG: 5 5005 Tract: 76.01 Tract: 76.02 Tract: 77.02 BG: 1 1009 1010 1011 Tract: 79 BG: 1 1012 Tract: 8 Tract: 80 Tract: 81.01 Tract: 83.02 BG: 1 1000 1001 Tract: 84 Tract: 88 BG: 1 1048 1050 Tract: 89.02 BG: 1 BG: 3 3000 3001 3002 3003 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 BG: 4 Tract: 90 Tract: 91 Tract: 92 Tract: 93 Tract: 95 BG: 3 BG: 4
WEDNESDAY, APRIL 10, 2002
Tract: 98 BG: 4 4012 4013 4017 4018 4019 4020 4021 4022
District 40 Fulton County
Tract: 100 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 BG: 4 4000 4001 4002 4003 4007 Tract: 101.01 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 1999 BG: 2 Tract: 101.06 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1995 1998 1999 BG: 2 BG: 3 Tract: 101.07 Tract: 101.08 Tract: 101.09 Tract: 101.10 Tract: 101.11 BG: 1 1000 1001 1002 1003 1004 1005 BG: 2 BG: 3 Tract: 101.12 Tract: 102.04 Tract: 102.05 Tract: 102.06 BG: 4 4000 4001 4002 4003 4004 4023 BG: 5 BG: 6 6011 6013 Tract: 102.07
4273
4274
JOURNAL OF THE HOUSE
BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3006 3007 3008 3009 3010 3011 3012 3013 3014 BG: 4 Tract: 102.09 Tract: 102.10 Tract: 114.10 BG: 1 BG: 5 5000 5001 5002 5003 5004 5005 5999 Tract: 114.11 BG: 1 1995 1996 Tract: 114.12 BG: 3 3000 BG: 6 6000 6001 6014 6015 6016 6017 Tract: 114.13 BG: 2 2000 2001 2002 2003 2004 2012 2013 2023 2024 2025 2026 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5012 5013 BG: 8 Tract: 114.14 BG: 2 BG: 3 3007 3008 3009 3010 Tract: 114.15 Tract: 116.06 BG: 3 3004 3005 3006 3007 3008 3009 3010 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4017 4018 4019 BG: 9 9000 9001 9002 9003 9004 9005 9006 9017 9018 9019 9020 9021 9022 9023 9024 9025 9026 9027 9028 9029 9030 9031 9032 9033 9034 9035 9036 9037 9038 9039 9040 9041 9042 9043 9044 9045
WEDNESDAY, APRIL 10, 2002
9046 9047 9048 9049 9050 9051 9052 9053 9054 9055 9056 9057 9058 9059 9060 9061 9062 9063 9064 9065 9066 9067 9068 9069 9070 Tract: 116.07 BG: 7 7000 7001 7002 7003 7004 7005 7006 7007 7008 7009 7010 7011 7012 7013 7014 7016 7017 7018 7019 7020 7021 7022 7023 7024 7025 7026 7027 7028 7029 7033 7050 7051 7052 Tract: 116.08 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 BG: 2 2010 2011 2012 2013 2021 2036 2037 2038 2039 2040 2043 2046 2047 2999 Tract: 116.09 Tract: 99 BG: 1 BG: 2 2000 2001 2002 2003
District 41 DeKalb County
Tract: 211 Tract: 212.02 Tract: 212.07 Tract: 212.08 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2015 2017 2018 2019 2020 2021 2047 Tract: 212.09 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 BG: 2 2016 2017 2018 2019 2020 2021 2022 Tract: 212.10 Tract: 212.11 Tract: 212.12 Tract: 212.13
4275
4276
JOURNAL OF THE HOUSE
Tract: 212.14 Tract: 213.01 BG: 1 1004 1005 1006 1007 1008 1009 1012 1013 1014 1027 1028 Tract: 213.04 BG: 1 1000 1003 1011 1013 1015 1019 1020 1021 BG: 2 2017 2018 2019 2020 2021 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3013 3017 3018 3019 3999
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 Tract: 503.14 BG: 3 3005 3006 3007 BG: 4 Tract: 503.15 Tract: 503.16 Tract: 504.10 BG: 4 4001 4002 4003 Tract: 504.11 BG: 4 4010 4011 Tract: 504.17 BG: 1 1000 1001 Tract: 504.21 Tract: 504.23
BG: 3 BG: 4 Tract: 504.24
WEDNESDAY, APRIL 10, 2002
District 42 DeKalb County
Tract: 201 Tract: 202 Tract: 203 Tract: 204 Tract: 207 BG: 2 2004 Tract: 212.04 Tract: 212.08 BG: 1 1020 BG: 2 2010 2011 2012 2013 2014 2016 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 Tract: 212.09 BG: 1 1000 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2023 Tract: 213.01 BG: 1 1000 1001 1002 1003 1010 1011 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 Tract: 213.02 Tract: 213.03 Tract: 213.04 BG: 1 1001 1002 1004 1005 1006 1007 1008 1009 1010 1012 1014 1016 1017 1018 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2022 2023 2024 2025 BG: 3 3012 3014 3015 3016
4277
4278
JOURNAL OF THE HOUSE
Tract: 214.01 Tract: 214.03 Tract: 214.04 Tract: 214.05 Tract: 214.06 Tract: 215.01 Tract: 215.02 Tract: 216.01 Tract: 216.02 BG: 1 1005 1008 1009 1010 1011 1012 1013 1014 1015 1016 BG: 2 Tract: 216.03 Tract: 217.03 BG: 1 1012 1013 1014 1015 1016 1018 1019 1020 1021 1022 1030 1999 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4024 4999 Tract: 217.05 Tract: 217.06 Tract: 218.08 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5014 5015 5016 5017 5034 5035 Tract: 218.12 BG: 1 1008 1009 1010 1011 Tract: 222 BG: 4 4034 4036 Tract: 223.01 Tract: 224.01 Tract: 224.02 Tract: 224.03 Tract: 225 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3009 3013 3014 3015 3018 BG: 4 Tract: 226 BG: 1
WEDNESDAY, APRIL 10, 2002
BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 BG: 4 Tract: 228
District 43 DeKalb County
Tract: 231.08 BG: 1 1000 1001 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 Tract: 232.03 Tract: 232.06 BG: 4 4009 4010 4011 4012 Tract: 232.10 BG: 3 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 Tract: 232.11 BG: 1 1000 1001 1002 1003 1004 1005 1006 BG: 2 Tract: 232.12 Tract: 233.03 BG: 1 1020 1021 1022 1023 1024 BG: 2 BG: 3 BG: 4 4010 4011 4012 4014 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4999 Tract: 233.06 BG: 2 2009 2010 2015 Tract: 233.07 BG: 1 BG: 2 BG: 5
4279
4280
JOURNAL OF THE HOUSE
Tract: 233.09 Tract: 233.10 Tract: 234.05 BG: 1 1999 BG: 4 4998 4999 Tract: 234.12 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 BG: 2 2000 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 BG: 3 3000 3001 3002 3006 Tract: 234.13 BG: 1 1000 1001 1006 1007 1008 1009 1010 1011 1012 1013 BG: 2 Tract: 234.14 Tract: 234.15 Tract: 234.16 Tract: 234.17 Tract: 234.18 Tract: 235.06 BG: 2 2011 2012 2023 2024 2025 BG: 4 4000 4001 4002 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 Tract: 235.07
Rockdale County Tract: 601.01 Tract: 601.02 Tract: 602.01 Tract: 602.02 Tract: 603.04 Tract: 603.05 BG: 1 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
WEDNESDAY, APRIL 10, 2002
2013 2014 2015 BG: 3 Tract: 603.06 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 1999 Tract: 603.07 BG: 1 1000 1001 1002 1003 1012 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 2030 2999 BG: 3 3037 Tract: 603.08 Tract: 603.09 Tract: 604.03 Tract: 604.04 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2013 2999 Tract: 604.05 BG: 1 1005 1006 1007 1008 BG: 3
District 44 Clayton County
Tract: 402.02 BG: 9 9001 9002 9003 9004 9009 9010 9011 9012 9013 9014 9015 9016 9017 9018 9019 9020 9021 9022 9023 9024 9025 9026 9027 9028 9029 9030 9031 9032 9033 9034 9999 Tract: 403.01 Tract: 403.02 Tract: 403.03 Tract: 403.04 Tract: 403.05 Tract: 404.05
4281
4282
JOURNAL OF THE HOUSE
Tract: 404.06 Tract: 404.07 Tract: 404.08 Tract: 404.09 Tract: 404.10 Tract: 404.11 Tract: 404.12 Tract: 404.13 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 4005 4006 4007 4008 4012 4013 4014 4015 4016 4017 Tract: 406.06 Tract: 406.07 BG: 1 1000 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1023 1024 1025 1998 1999 BG: 2 2000 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3014 3015 3016 3017 3018 3019 3020 3021 Tract: 406.08 BG: 1 1000 1055 1056 1057 Tract: 406.09 Tract: 406.10 Tract: 406.11 Tract: 406.12 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 BG: 4 Tract: 406.13 Tract: 406.14
Henry County
WEDNESDAY, APRIL 10, 2002
Tract: 701.04 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 1043 1044 1045 1047 1048 1057 1058 1059 1060 1061 1062 1063 1064 1997 1998 1999 BG: 2 2000 2001 2003 2004 Tract: 701.05 BG: 1 1000 1001 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 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 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 BG: 2 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2026 2028 2029 2030 BG: 3 Tract: 701.06 BG: 1 1005 1006 1007 1010 1012 1013 1014 1015 1016 1017 1018 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 BG: 2 2011 2012 2021 2022 2023 2024 2999 Tract: 702.01 BG: 2 2003 2004 2005 2006 2007 2014 2015 2016 2017 2018 2019 2020 2023 2024 2025 2026 2027 2028 2029 Tract: 703.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1014 1015 1020 1021
4283
4284
JOURNAL OF THE HOUSE
1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1043 1044 1045 1046 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1073 1074 Tract: 703.05 BG: 1 1000
District 45 Bibb County
Tract: 121 BG: 1 1018 1020 1021 1022 1023 1024 1031 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1049 1054 1055 BG: 2 2006 2012 2013 2014 2015 2018 BG: 4 Tract: 122 BG: 2 2041 Tract: 132.01 BG: 1 1000 Tract: 134.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1021 1030 1031 1032 1033 1034 1035 1037 1998 1999 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 2027 2032 2033 2034 BG: 3 BG: 4 Tract: 134.02 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4020 4021 BG: 5 BG: 6
WEDNESDAY, APRIL 10, 2002
Tract: 136.01 BG: 1 BG: 2 2001 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2998 2999 BG: 3 BG: 4 4010 4011 4012 4013 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4041 4042 4999 Tract: 136.02 BG: 4 4000 4001 4002 4003 4010 4011 4012 4013 4014 4999 BG: 5 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 BG: 6
Butts County Tract: 1501 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 1066 1068 1069 1072 1073 1074 1075 1076 1993 1994 1995 1996 1997 1998 1999 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 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2996 2997 2998 2999 BG: 3 BG: 4 Tract: 1502 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 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 1059 1060 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
4285
4286
JOURNAL OF THE HOUSE
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 BG: 3 BG: 4 BG: 5 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 5046 5047 5048 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5063 5064 5065 5066 5067 5068 5069 5070 5071 5072 5997 5998 5999 Tract: 1503.01 BG: 1 1071 1072 1073 BG: 2 Tract: 1503.02
Gwinnett County Tract: 507.04 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 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 1999 BG: 2 2000 2001 2002 2003 2004 2005 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Monroe County Tract: 501 Tract: 502 Tract: 503 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
WEDNESDAY, APRIL 10, 2002
1048 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 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1150 1155 1156 1157 1158 1159 1160 1161 1162 1994 1995 1996 1997 1998 1999 BG: 2 2000 2001 2002 2003 2004 2073 2074 2075 2076 BG: 3
Newton County Tract: 1001 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 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 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 2998 2999 Tract: 1002 Tract: 1003 Tract: 1004 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 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 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 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 BG: 3
4287
4288
JOURNAL OF THE HOUSE
3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3012 3013 3014 3015 3016 3017 Tract: 1005 BG: 1 1004 1005 1006 1067 1068 1069 1070 1071 1074 1077 1078 1079 Tract: 1006 BG: 1 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 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 Tract: 1007 Tract: 1008 Tract: 1009 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2998 2999
Walton County Tract: 1101 BG: 2 2051 Tract: 1104 BG: 1 1014 BG: 2 2030 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2045 2053 2054 2055 2056 2057 Tract: 1105.01 BG: 1 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 1111 1112 1113 1114 1115 1116 1117 1118 1998 1999 Tract: 1105.02 Tract: 1106 Tract: 1107
WEDNESDAY, APRIL 10, 2002
BG: 1 1016 1017 1018 1019 1020 1021 1022 1031 1032 1033 1034 1035 1036 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 BG: 2 2007 2008 2009 2013 2014 2015 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 2060 2061 2062 2063 2064 2065 2066 2067 2068 2999 Tract: 1108 BG: 1 1003 1022 1023 1024 1025 1026 1027 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1048 1049 1050 1051 1052 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 BG: 2 BG: 3
District 46 Clarke County
Oconee County
Oglethorpe County
District 47 Banks County
Barrow County Tract: 1801.01 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1023 1024 1025 1026 1027 1028 1037 1038 1039 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 1096 1097 1098 1099 1100 1101 1102 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1133 1134 1135 1144
4289
4290
JOURNAL OF THE HOUSE
BG: 2 Tract: 1801.02 BG: 1 1010 1011 1012 1013 1014 Tract: 1802.01 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 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 BG: 4 4000 4001 4002 4003 4014 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 BG: 5 Tract: 1802.02 BG: 1 1015 1016 1017 1027 1047 1048 1049 1050 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 2044 2045 2046 2050 2051 Tract: 1803 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 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 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 2998 2999 Tract: 1804 Tract: 1805 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2041 2042 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
WEDNESDAY, APRIL 10, 2002
3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3038 BG: 4 4000 4001 4002 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 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041
Franklin County
Hart County
Jackson County
Madison County
District 48 Forsyth County
Tract: 1306 BG: 1 1101 BG: 2 2000 2001 2002 2003 2004 2005 2006 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2031 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2061 2076 2077 2078 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2998 2999
Fulton County Tract: 116.08 BG: 1 1000 1021 1022 1023 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2014 2015 2016 2017 2018 2019 2020 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2041 2042 2044 2045 BG: 3
Gwinnett County Tract: 501.03 BG: 2
4291
4292
JOURNAL OF THE HOUSE
BG: 4 Tract: 501.04 Tract: 501.06 BG: 5 BG: 6 6032 6033 6036 6037 6038 6039 6040 6041 6042 6043 6044 6045 6046 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: 503.14 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 Tract: 505.10 Tract: 505.11 Tract: 505.12 Tract: 505.13 BG: 1 BG: 3 3028 3029 3032 3033 3034
WEDNESDAY, APRIL 10, 2002
District 49 Hall County
District 50 Habersham County
Lumpkin County
Rabun County
Stephens County
Towns County
Union County
White County
District 51 Bartow County
Tract: 9601 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 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 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 BG: 2 2000 2001 2002 2003 2004 2010 2011 2012 2013 2014 2019 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 BG: 3 Tract: 9604 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2020 2021 2022 2023 2024 2025 2035
4293
4294
JOURNAL OF THE HOUSE
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 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 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2999 Tract: 9605 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1027 1028 1029 1030 1031 1032 1033 1034 1038 1039 1040 BG: 2 2000 2001 2002 2003 2004 2005 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 BG: 3 3030 BG: 4 4014 4015 4018 4019 4020 4021 4023 Tract: 9606 BG: 2 2016 BG: 3 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 BG: 4 4017 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5014 5015 5016 5017 5018 5019 5020 5022 5023 5024 5025 BG: 6 6000 6001 6002 6999 Tract: 9607 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2021 2022 2023 2024 2029 2030 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 BG: 3 BG: 4
WEDNESDAY, APRIL 10, 2002
4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4018 BG: 5 5000 5001 5002 5003 5004 5005 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 Tract: 9608.01 Tract: 9608.02 Tract: 9608.03 BG: 1 BG: 2 BG: 3 3000 3001 3003 3004 3005 3006 3007 3008 3009 3010 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 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3999
Cherokee County Tract: 902 BG: 1 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 1997 1998 1999 BG: 2 BG: 3 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 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 Tract: 903 BG: 1 1030 1031 1032 1033 1034 1035 1038 1039 1046 1047 1048 1049 1050 1051 1053 1054 1055 1991 1992 1993 1994 1995 1996 1997 1998 BG: 2 Tract: 906.01 BG: 3 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3044
4295
4296
JOURNAL OF THE HOUSE
3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 BG: 4 BG: 6 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 Tract: 906.02 BG: 5 5028 Tract: 907.01 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 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3051 3052 3053 3055 3056 3057 3058 3059 3060 3061 3062 BG: 4 4002 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 4028 4029 4030 4031 4032 4033 4034 4035 4039 4997 BG: 6 Tract: 910.03 BG: 3 Tract: 910.04 Tract: 910.06 Tract: 911.01 Tract: 911.02 Tract: 911.03
Fannin County Tract: 501 Tract: 502 BG: 1 BG: 2 BG: 3 BG: 4 BG: 5 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 5032 5033 5037 5039 5040 5041 5042 5043
WEDNESDAY, APRIL 10, 2002
Tract: 504 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2015 2016 2017 2018 2019 2020 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2045 2046 2047 2048 2049 BG: 3 BG: 4 BG: 5 Tract: 505
Gilmer County
Pickens County
District 52 Bartow County
Tract: 9601 BG: 2 2020 2021 2022 2023 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 Tract: 9602 BG: 1 1054 1055 1056 BG: 5 5052 Tract: 9603 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 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 1998 1999 BG: 2 Tract: 9604 BG: 2 2017 2018 2019 2026 2027 2028 2029 2030 2031 2032 2033 2034 BG: 3 BG: 4 BG: 5
4297
4298
JOURNAL OF THE HOUSE
Tract: 9605 BG: 1 1008 1009 1010 1024 1025 1026 1035 1036 1037 BG: 2 2006 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 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4016 4017 4022 4024 4025 4026 4027 Tract: 9606 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 BG: 3 3000 3001 3002 3003 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 BG: 5 5013 5021 BG: 6 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 6032 6033 6034 6035 6036 6037 6038 6992 6993 6994 6995 6996 6997 6998 Tract: 9607 BG: 2 2019 2020 2025 2026 2027 2028 2031 2032 2033 BG: 4 4015 4016 4017 BG: 5 5006 Tract: 9608.03 BG: 3 3002 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3068 3069 3070 3071 3072 3997 3998 Tract: 9609
Tract: 9610 Chattooga County Floyd County
WEDNESDAY, APRIL 10, 2002
District 53 Bartow County
Tract: 9601 BG: 1 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1088 1089 1090 1091 1092 BG: 2 2005 2006 2007 2008 2009 2015 2016 2017 2018 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 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 1057 1999 BG: 2 BG: 3 BG: 4 BG: 5 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 5053 5054 5055 5999 Tract: 9603 BG: 1 1021
Catoosa County Tract: 301 BG: 1 1020 1021 1028 1029 1030 1031 1032 1034 1035 1036 1037 BG: 2 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
4299
4300
JOURNAL OF THE HOUSE
2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 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 2111 2112 2113 2114 2115 2116 2117 2118 2119 2998 2999 Tract: 303 BG: 1 BG: 4 4003 4004 4005 4006 4007 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 4073 4074 4075 4076 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5028 5029 Tract: 304.01 BG: 4 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 BG: 5 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 5998 5999 Tract: 307 BG: 5 5015 5016 5041 5042 5043 5044 5045
Dade County
Gordon County Tract: 9702 BG: 1 1003 1004 1006 1011 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1993 1994 1995 BG: 2 BG: 3 BG: 4 Tract: 9703 BG: 1 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029
WEDNESDAY, APRIL 10, 2002
1995 1996 BG: 2 BG: 3 BG: 4 Tract: 9704 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 1999 BG: 2 BG: 3 Tract: 9705 Tract: 9706 Tract: 9707 Tract: 9708 BG: 2 BG: 3 3014 3015 3016 3017 3018 3019 3020 3021 3023 3024 3027 3028 3031 3032 3033 3034
Walker County
Whitfield County Tract: 11 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Tract: 12 BG: 1 BG: 2 BG: 3 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5009 5010 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 BG: 6 6000 6001 6002 6003 6004 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024
4301
4302
JOURNAL OF THE HOUSE
6025 6026 6027 6028 6029 6030 6031 6032 6033 6034 6035 6036 6037 6038 6039 6040 6041 6042 6043 6044 6045 6046 6047 6048 6049 Tract: 13 BG: 1 1001 1002 1003 1004 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 BG: 2 Tract: 14 BG: 1 1017 1018 1019 1026 1027 1028 1029 1030 1031 BG: 2 2034 2047 2048 2049 2050 2051 2052 2057 2058 2060 2061 BG: 4 BG: 5 Tract: 15 Tract: 7 BG: 1 1004 1005 1006 1007 1008 BG: 2 BG: 3 BG: 4 Tract: 8 BG: 1 1016 1017 1018 1062 1065 1070 1999 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4007 4008 4009 4010 4013 4014 4015 4016 4017 4018 4019 4020 4021 4999 BG: 5 BG: 6 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 6032 6033 6034 6035 6036 6037 BG: 7
District 54 Catoosa County
Tract: 301 BG: 1
WEDNESDAY, APRIL 10, 2002
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1022 1023 1024 1025 1026 1027 1033 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 Tract: 302 Tract: 303 BG: 4 4000 4001 4002 4008 4009 4077 4078 4079 BG: 5 5020 5021 5022 5023 5024 5025 5026 5027 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 Tract: 304.01 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 Tract: 304.02 Tract: 305 Tract: 306 Tract: 307 BG: 1 BG: 2 BG: 3 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 BG: 6
Fannin County Tract: 502 BG: 5 5029 5030 5031 5034 5035 5036 5038 5044 5045 Tract: 503 Tract: 504
4303
4304
JOURNAL OF THE HOUSE
BG: 2 2009 2010 2011 2012 2013 2014 2021 2022 2023 2024 2025 2044 2050
Gordon County Tract: 9701 Tract: 9702 BG: 1 1000 1001 1002 1005 1007 1008 1009 1010 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1034 1035 1036 1996 1997 1998 1999 Tract: 9703 BG: 1 1000 1001 1002 1003 1004 1005 1030 1031 1032 1997 1998 1999 Tract: 9704 BG: 1 1000 1001 1002 1003 1004 Tract: 9708 BG: 1 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3022 3025 3026 3029 3030 Tract: 9709
Murray County
Whitfield County Tract: 1.01 Tract: 1.02 Tract: 10 Tract: 11 BG: 1 1000 1001 BG: 2 2000 2001 2002 BG: 3 BG: 4 Tract: 12 BG: 5 5006 5007 5008 5011 5012 5013 BG: 6 6005 6050 6051 6052 6053 6054 6055 6056 6057 6058 6059 6060 6061 6062 6063 6064 6065
WEDNESDAY, APRIL 10, 2002
Tract: 13 BG: 1 1000 1005 1006 1007 1008 1009 1010 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 BG: 3 Tract: 14 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 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 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2053 2054 2055 2056 2059 2062 2998 2999 BG: 3 Tract: 2 Tract: 3.01 Tract: 3.02 Tract: 4 Tract: 5.01 Tract: 5.02 Tract: 6 Tract: 7 BG: 1 1000 1001 1002 1003 Tract: 8 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 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 1063 1064 1066 1067 1068 1069 1071 1072 1073 BG: 4 4005 4006 4011 4012 BG: 6 6000 6001 6002 6003 Tract: 9
4305
4306
JOURNAL OF THE HOUSE
District 55 DeKalb County
Tract: 216.02 BG: 1 1000 1001 1002 1003 1004 1006 1007 1017 1018 Tract: 217.04 Tract: 219.09 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1999 BG: 2 2008 BG: 3 3000 3001 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 3999 Tract: 220.01 Tract: 220.04 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2999 Tract: 220.05 Tract: 220.06 Tract: 220.07 Tract: 220.08 Tract: 221 BG: 1 1000 1001 1002 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 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 2039 2040 2041 2042 2043 2044 2045 Tract: 222 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 BG: 4 4021 Tract: 223.02
WEDNESDAY, APRIL 10, 2002
Tract: 231.05 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 BG: 3 BG: 4 Tract: 231.06 Tract: 232.04 Tract: 232.06 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 Tract: 232.08 Tract: 232.09 Tract: 232.10 BG: 1 BG: 2 BG: 3 3000 Tract: 232.11 BG: 1 1007 1008 1009 1010 1011 Tract: 233.02 Tract: 233.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1999 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4013 4015 4016 4017 4998 Tract: 233.05 Tract: 233.06 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2011 2012 2013 2014 Tract: 233.07 BG: 3 BG: 4
Gwinnett County
4307
4308
JOURNAL OF THE HOUSE
Tract: 504.15 BG: 1 1000 1001 1002 1004 1005 1006 1007 1008 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2010 2011 2012 BG: 3 BG: 6 Tract: 504.16 Tract: 507.09 BG: 3 BG: 4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4998 4999 Tract: 507.16 BG: 3 3002 3003 3004 3005 3006 Tract: 507.17 BG: 1 BG: 2
District 56 Cherokee County
Tract: 905.02 BG: 4 4012 4013 4015 4016 4017 4018 4022 4023 4024 4025 4026 4027 4028 4029 4030 4997 4998 4999 BG: 5 5024 5025 5026 5027 5028 5029 5032 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5999 Tract: 908.01 BG: 4 4000 4001 4002 4003 4004 4005 4006 4009 4012 4013 4998 4999 BG: 5 BG: 6 6000 6001 6002 6003 6004 6005 6009 6010 6011 6012 6013 6014 BG: 7 7000 Tract: 908.02 Tract: 909.01 Tract: 909.02 Tract: 909.03 BG: 1
WEDNESDAY, APRIL 10, 2002
BG: 2 2000 2001 2002 2003 2004 2005 BG: 3
Fulton County Tract: 101.06 BG: 1 1996 1997 Tract: 101.11 BG: 1 1999 Tract: 102.08 Tract: 114.03 Tract: 114.04 Tract: 114.05 Tract: 114.06 Tract: 114.07 Tract: 114.10 BG: 2 BG: 5 5006 Tract: 114.11 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1993 1994 1997 1998 1999 BG: 2 BG: 4 BG: 5 BG: 6 Tract: 114.12 BG: 3 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3999 BG: 6 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6018 6019 6020 6021 6022 6023 6024 6025 6026 Tract: 114.13 BG: 2 2005 2006 2007 2008 2009 2010 2011 2014 2015 2016 2017 2018 2019 2020 2021 2022 BG: 5 5011
4309
4310
JOURNAL OF THE HOUSE
Tract: 114.14 BG: 3 3000 3001 3002 3003 3004 3005 3006 Tract: 115.01 Tract: 115.02 Tract: 116.04 Tract: 116.05 Tract: 116.06 BG: 3 3000 3001 3002 3003 BG: 4 4010 4011 4012 4013 4014 4015 4016 4020 4021 4022 BG: 9 9007 9008 9009 9010 9011 9012 9013 9014 9015 9016 Tract: 116.07 BG: 5 BG: 7 7015 7030 7031 7032 7034 7035 7036 7037 7038 7039 7040 7041 7042 7043 7044 7045 7046 7047 7048 7049
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 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 Y Byrd
Y Cox Y Crawford
Cummings Y Davis Y Day N Dean N Deloach, B Y Deloach, G Y Dix N Dodson N Drenner
Dukes E Ehrhart N Epps Y Everett N Floyd Y Forster Y Franklin N Gardner Y Golick Y Grasse Y Graves N Greene Y Hammontree N Hanner
Y Hudgens N Hudson, N N Hudson, S N Hugley Y Irvin E 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 Mueller Y Muntean Y O'Neal N Orrock N Parham N Parrish Y Parsons
Pelote Y Pinholster N Poag N Porter
Powell N Purcell N Ragas N Randall N Ray N Reece N Reed N Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L N Rogers N Royal
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 N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L
Y Callaway Y Campbell
Cash N Channell N Childers Y Coan E Coleman, B N Coleman, T Y Collins N Connell Y Cooper
WEDNESDAY, APRIL 10, 2002
E Harbin N Harrell N Heard N Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard
Y Manning Y Massey E McBee
McCall N McClinton N McKinney Y Millar Y Mills N Mobley Y Morris N Mosley
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 72, nays 94. The amendment was lost.
4311
N Watson West
Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker
Representative Smith of the 169th moved that the House agree to the Senate amendment to HB 1667.
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 Y Broome N Brown Y Buck Y Buckner N Bulloch N Bunn N Burkhalter N Burmeister N Byrd N Callaway N Campbell N Cash Y Channell Y Childers
N Cox N Crawford Y Cummings N Davis N Day Y Dean Y Deloach, B N Deloach, G N Dix Y Dodson Y Drenner
Dukes E 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 E Harbin Y Harrell Y Heard Y Heckstall N Hembree
N Hudgens Y Hudson, N Y Hudson, S Y Hugley N Irvin E 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 E McBee
McCall Y McClinton
N 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 N Reichert N Rice N Richardson N Roberts, D N Roberts, L Y Rogers Y Royal
Sailor N Sanders N Scheid N Scott Y Seay
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 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
West N Westmoreland N Wiles N Wilkinson
4312
N Coan E Coleman, B Y Coleman, T N Collins Y Connell N Cooper
JOURNAL OF THE HOUSE
Y Henson N Hines Y Holland Y Holmes Y Houston Y Howard
N McKinney N Millar N Mills Y Mobley N Morris Y Mosley
Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
On the motion, the ayes were 95, nays 74. The motion prevailed.
N Willard N Williams, J N Williams, R Y Wix N Yates
Murphy, Speaker
The following Resolution of the House was read:
HR 1693. By Representatives Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Smyre of the 136th and Sims of the 167th
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, April 10, 2002, and shall reconvene at 9:00 A.M. on Friday, April 12, 2002.
BE IT FURTHER RESOLVED that the hour for closing the Senate and the hour for closing the House on Wednesday, April 10, shall be as ordered for each body by that body.
BE IT FURTHER RESOLVED that the General Assembly shall adjourn sine die at 3:00 P.M. on Friday, April 12, 2002.
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 N Barnard Y Barnes
N Cox N Crawford Y Cummings N Davis N Day Y Dean Y Deloach, B
N Hudgens Y Hudson, N Y Hudson, S Y Hugley N Irvin E Jackson, B Y Jackson, L
N Mueller N Muntean N O'Neal Y Orrock Y Parham Y Parrish N Parsons
N Smith, B Smith, C
N Smith, C.W N Smith, L Y Smith, P Y Smith, T N Smith, V
Y Bell Y Benfield Y Birdsong N Black Y 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 Y Channell Y Childers N Coan E Coleman, B Y Coleman, T N Collins Y Connell N Cooper
WEDNESDAY, APRIL 10, 2002
N Deloach, G N Dix Y Dodson Y Drenner Y Dukes E 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 E Harbin
Harrell Y Heard Y Heckstall N Hembree Y Henson N Hines Y Holland Y Holmes Y Houston Y Howard
Y James Y Jamieson Y Jenkins N Jennings Y Johnson Y Jordan N Joyce N Kaye N Keen N Knox Y Lane Y Lanier N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham N Manning N Massey E McBee Y McCall Y McClinton
McKinney N Millar N Mills Y Mobley Y Morris Y Mosley
Y Pelote N Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed 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 Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
On the adoption of the Resolution, the ayes were 98, nays 71. The Resolution was adopted.
4313
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
West N Westmoreland N Wiles N Wilkinson N Willard N Williams, J N Williams, R Y Wix N Yates
Murphy, Speaker
The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:
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.
4314
JOURNAL OF THE HOUSE
The following Senate amendments were read:
Amend HB 1162 by striking line 16 of page 1 and inserting in lieu thereof the following:
"addition, such business must have either fewer than 100 employees or less than $1 $2"
By striking line 19 of page 1 and inserting in lieu thereof the following:
"years, the business must average less than $ 6 million in gross receipts for the completed"
Amend HB 1162 by inserting after the symbol ";" on line 3 of page 1 the following:
"to change the definition of minority;".
By renumbering Sections 2 and 3 of pages 1 and 3 as Sections 3 and 4, respectively, and inserting between lines 20 and 21 of page 1 the following:
"Said chapter is further amended by striking paragraph (1) of Code Section 50-5-131, relating to definitions relative to minority business enterprise development, and inserting in its place the following:
'(1) "Minority" means an individual who is: (A) A member a member of a race which comprises less than 50 percent of the total population of the state; or
(B) A person who has a physical or mental impairment which substantially limits one or more of such persons major life activities and who has a record of such impairment but shall not include any person who is addicted to the use of any drug or illegal or federally controlled substance or addicted to the use of alcohol.'"
Amend HB 1162 by striking line 16 of page 1 and inserting in lieu thereof the following:
"addition, such business must have either fewer than 100 employees or and less than $1 $2"
By striking line 19 of page 1 and inserting in lieu thereof the following:
"years, the business must average less than $2 million in gross receipts for the completed"
WEDNESDAY, APRIL 10, 2002
4315
Representative Seay of the 93rd moved that the House disagree to the Senate amendments to HB 1162.
Representative Brown of the 130th moved that the House agree to the Senate amendments to HB 1162.
On the motion, 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
Bell N Benfield N Birdsong N Black N Boggs N Bordeaux
Borders 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 E Coleman, B N Coleman, T Y Collins N Connell Y Cooper
Y Cox Y Crawford N Cummings Y Davis Y Day N Dean
Deloach, B Y Deloach, G Y Dix N Dodson N Drenner N Dukes E Ehrhart N Epps
Everett N Floyd Y Forster N Franklin N Gardner
Golick Y Grasse Y Graves N Greene Y Hammontree N Hanner E Harbin N Harrell N Heard N Heckstall Y Hembree N Henson Y Hines
Holland N Holmes N Houston N Howard
Y Hudgens N Hudson, N N Hudson, S N Hugley Y Irvin E Jackson, B N Jackson, L N James
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 E Massey E 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 N Parham N Parrish Y Parsons N Pelote Y Pinholster N Poag
Porter 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 Scheid Y Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper
Y Smith, B N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings N Stanley N Stanley-Turner Y Stephens N Stokes N Taylor N Teague
Teper N Tillman N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L
Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker
On the motion, the ayes were 65, nays 94. The motion was lost.
4316
JOURNAL OF THE HOUSE
The House has disagreed.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
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.
Representative Skipper of the 137th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1568 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 Hudson of the 156th, Smith of the 175th and Skipper of the 137th.
Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 384. By Senator Jackson of the 50th:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official
WEDNESDAY, APRIL 10, 2002
4317
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.
The following substitute, offered by Representative Twiggs of the 8th, 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 increase the maximum amount of a state grant for certain after-school programs for certain students who have failed courses; to change the method for calculating funding for certain joint after-school programs for students who have previously dropped out of school; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking Code Section 20-2-256, relating to joint after-school programs for at-risk students, and inserting in lieu thereof the following:
"20-2-256. (a) As used in this Code section, the term:
(1) 'After-school program' means any academic program conducted after regular school hours to serve only:
(A) Students students who have previously dropped out of school; (B) Students or students who are in a regular day time school who have previously failed courses; or (C) A combination of students described in subparagraph (A) of this paragraph and subparagraph (B) of this paragraph. (2) 'Course' means an instructional course for which a program count is permissible under Code Section 20-2-160. (3) 'FTE' or 'full-time equivalency' means the program cost obtained under the method described in paragraph (2) of subsection (b) of Code Section 20-2-160. (4) 'Student' means a person who is otherwise eligible to be included in a program count under Code Section 20-2-160. (b) Four Three or more local school systems which jointly establish any after-school program for at-risk students shall be eligible to receive a state grant, not to exceed
4318
JOURNAL OF THE HOUSE
$175,000.00 $225,000.00 per year, which is equal to the amount of direct instructional costs which would be earned by such students described in subparagraph (a)(1)(B) of this Code section if they were enrolled in equivalent courses in the remedial education program during the school day and counted as FTE students under the method described in paragraph (2) of subsection (b) of Code Section 20-2-160. No student in the after-school program who is actually included in a regular after-school FTE program count pursuant to Code Section 20-2-160 may be counted in determining the amount of a grant under this Code section. (c) The FTE count for students described in subparagraph (a)(1)(A) of this Code section shall be funded at the weight and teacher-student ratio specified for alternative education programs in paragraph (18) of subsection (b) of Code Section 20-2-161. (d) The State Board of Education is directed to prescribe a method of determining fulltime equivalency of such programs in keeping with paragraph (2) of subsection (b) of Code Section 20-2-160 and shall calculate the funds needed for such programs as part of its annual budget request."
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
Birdsong Y Black
Boggs Bordeaux Borders Y Bridges Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Y Cox Crawford
Y Cummings Davis
Y Day Y Dean
Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner
Dukes E Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner
Golick Y Grasse Y Graves
Y Hudgens 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 Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Lucas
Y Mueller Y Muntean Y O'Neal
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 Reichert Y Rice Richardson Y Roberts, D
Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L
Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling
Snow Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper Tillman Y Turnquest Y Twiggs
Y Burkhalter Y Burmeister Y Byrd
Callaway Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
WEDNESDAY, APRIL 10, 2002
Y Greene Hammontree
Y Hanner E Harbin Y Harrell Y Heard Y Heckstall
Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard
Y Lunsford Y Maddox Y Mangham Y Manning E Massey E 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
Scheid Y Scott
Seay Shanahan Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
4319
Y Unterman Walker, L
Y Walker, R.L Y Watson Y West Y Westmoreland E Wiles Y Wilkinson
Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
On the passage of the Bill, by substitute, the ayes were 135, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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 Resolution of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
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.
Representative Royal of the 164th moved that the House insist on its position in disagreeing to the Senate amendments to HR 838 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:
4320
JOURNAL OF THE HOUSE
Representatives Royal of the 164th, Hanner of the 159th and Houston of the 166th.
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 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.
The following substitute, offered by Representative Epps of the 131st, was read and adopted:
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 which include distilled spirits; and for other purposes.
WHEREAS, the Bureau of Alcohol, Tobacco, and Firearms (ATF) has recently approved labels for distribution of new malt beverage products which have a wide range of alcoholic beverage content, including distilled spirits; and
WHEREAS, the FAA Act in 1935 by the Congress of the United States and its implementing regulations did not intend to authorize malt beverage products containing distilled spirits; and
WHEREAS, taxation and regulatory issues are developing in Georgia and several other states as a result of recent ATF approval of beer containing distilled spirits; and
WHEREAS, such approval by the ATF places a hardship on the continued effective and proper regulation and enforcement of both the distilled spirits and malt beverage distribution system in Georgia and the proper application of taxation of such products; and
WEDNESDAY, APRIL 10, 2002
4321
WHEREAS, the rulemaking process of the ATF includes a responsibility for the ATF to cause order in the beverage alcohol industry rather than the turmoil created by recent allowances providing for the continued production of malt beverages containing distilled spirits; and
WHEREAS, failure by the ATF to deny approval of malt beverage products which contain distilled spirits sets a dangerous precedent relative to fair and equitable taxation of industry product, wholesale and retail distribution of beverage alcohol products, and the prevention of unfair business practices in the marketplace.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body express their recommendation to the Director of the United States Bureau of Alcohol, Tobacco, and Firearms to reconsider the bureaus actions in approving labels and retail distribution of malt beverage products which include distilled spirits.
BE IT FURTHER RESOLVED that in view of the impact of the bureaus ruling on most states, this body asserts the imperative need for immediate rescission of such ruling and strongly urges that such action be taken.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the Director, United States Bureau of Alcohol, Tobacco, and Firearms, Washington, D.C.
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:
Allen Y Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black
Boggs Bordeaux Borders
Y Cox Crawford
Y Cummings Davis
Y Day Y Dean Y Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner
Dukes E Ehrhart Y Epps
N Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin E Jackson, B Y Jackson, L
James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce
Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas
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
4322
Y Bridges Y Brooks
Broome Y Brown Y Buck Y Buckner Y Bulloch N Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway
Campbell N Cash Y Channell Y Childers N Coan E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
JOURNAL OF THE HOUSE
Y Everett Y Floyd Y Forster N Franklin Y Gardner Y Golick N Grasse Y Graves
Greene Hammontree Y Hanner E Harbin Y Harrell Y Heard Heckstall Y Hembree Y Henson N Hines Y Holland Y Holmes Y Houston Y Howard
Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis
Lord Lucas Y Lunsford Y Maddox Mangham Y Manning E Massey E McBee Y McCall Y McClinton McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley
Y Randall Y Ray Y Reece Y Reed
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
Sims Y Sinkfield Y Skipper
Y Stephens Y Stokes Y Taylor Y Teague N Teper
Tillman Y Turnquest
Twiggs Y Unterman Y Walker, L N Walker, R.L Y Watson Y West
Westmoreland E Wiles Y Wilkinson
Willard N Williams, J Y Williams, R Y Wix N Yates
Murphy, Speaker
On the adoption of the Resolution, by substitute, the ayes were 124, nays 16.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
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 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.
WEDNESDAY, APRIL 10, 2002
4323
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 Senate has adopted as amended by the requisite constitutional majority the following resolution of the House:
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 Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
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.
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,
4324
JOURNAL OF THE HOUSE
cancellation, or revocation and unless the owner provides sufficient proof of minimum insurance coverage on such vehicle; and for other purposes.
The Senate has adopted by substitute, by the requisite constitutional majority, the following resolution of the House:
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 Senate insists on its substitute to the following bills of the House:
HB 585. By Representatives Parham of the 122nd, Graves of the 125th, West of the 101st, Coleman of the 142nd, Childers of the 13th and others:
A BILL to amend Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, so as to provide for the licensing and inspection of pharmacy benefit managers; and for other purposes.
HB 696. By Representatives Birdsong of the 123rd and Jenkins of the 110th:
A BILL to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exceptions from the requirements of disclosure of public records, so as to provide an exception with respect to public records of an emergency "911" system containing information which would reveal the name, address, or telephone number of a person placing a call to a public safety answering point, which information may be redacted from such records; and for other purposes.
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.
WEDNESDAY, APRIL 10, 2002
4325
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
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 17-7-71, 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.
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.
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 Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
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:
4326
JOURNAL OF THE HOUSE
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 Senate has passed by the requisite constitutional majority the following bills of the House:
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.
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.
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 Senate has disagreed to the House substitute to the following bill of the Senate:
SB 210. By Senators Tanksley of the 32nd, Thompson of the 33rd, Ray of the 48th, Hecht of the 34th, Meyer von Bremen of the 12th and others:
WEDNESDAY, APRIL 10, 2002
4327
A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the O.C.G.A., relating to medical information, so as to clarify the procedures for subpoenaing medical records; to provide for legislative findings; to reconcile federal privacy regulations with state judicial decisions; to define a certain term; to provide conditions under which a provider shall be required to release medical records concerning a patient pursuant to a subpoena; to provide for notice to a patient who is the subject of medical records being subpoenaed; to provide for objections by patients; to provide for medical records of minors; to amend Chapter 33 of Title 31 of the O.C.G.A., relating to health records, so as to change the definition of a certain term; to repeal conflicting laws; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill 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 Senate has passed by the requisite constitutional majority the following bills of the House:
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.
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
4328
JOURNAL OF THE HOUSE
certain provisions regarding postponement and extension of qualifying; and for other purposes.
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.
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.
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.
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 Senate has adopted by the requisite constitutional majority the following resolution of the House:
WEDNESDAY, APRIL 10, 2002
4329
HR 1693. By Representatives Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Smyre of the 136th and Sims of the 167th:
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 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 Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
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 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.
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.
4330
JOURNAL OF THE HOUSE
Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 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.
The following Committee substitute was read and adopted:
A BILL
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 prohibit additional discriminatory practices based on race, color, or national or ethnic origin; to provide for remedies for violations; 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 provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Consumers Health Insurance Protection Act."
SECTION 2. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by inserting in Code Section 33-6-4, relating to unfair methods of competition and unfair or
WEDNESDAY, APRIL 10, 2002
4331
deceptive acts or practices in the business of insurance, a new division (b)(8)(A)(iv) to read as follows:
"(iv)(I) Unfair discrimination prohibited by the provisions of this subparagraph includes discrimination based on race, color, and national or ethnic origin. In addition, in connection with any kind of insurance, it shall be an unfair and deceptive act or practice to refuse to insure or to refuse to continue to insure an individual; to limit the amount, extent, or kind of coverage available to an individual; or to charge an individual a different rate for the same coverage because of the race, color, or national or ethnic origin of that individual. The prohibitions of this division are in addition to and supplement any and all other provisions of Georgia law prohibiting such discrimination which were previously enacted and currently exist, or which may be enacted subsequently, and shall not be a limitation on such other provisions of law. (II) A violation of this division shall give rise to a civil cause of action for damages resulting from such violation including, but not limited to, all damages recoverable for breach of insuring agreements under Georgia law including damages for bad faith and attorneys fees and costs of litigation. A violation of this Code section shall also give rise to the awarding of punitive or exemplary damages in an amount as may be determined by the trier of fact if such violation is found to be intentional. The remedies provided herein are in addition to and cumulative of all other remedies that may now or hereafter be provided by law."
SECTION 3. Said title is further amended by inserting between paragraphs (12) and (13) of Code Section 33-6-5, relating to unfair insurance practices, the following:
"(12.1) No insurer or managed care entity subject to licensing by the Commissioner shall violate any provision of Chapter 20A of Title 33;".
SECTION 4. Said title is further amended by striking in its entirety Code Section 33-20A-3, relating to definitions, and inserting in lieu thereof the following:
"33-20A-3. As used in this article, the term:
(1) 'Commissioner' means the Commissioner of Insurance. (2) 'Emergency services' or 'emergency care' means those health care services that are provided for a condition of recent onset and sufficient severity, including, but not limited to, severe pain, that would lead a prudent layperson, possessing an average knowledge of medicine and health, to believe that his or her condition, sickness, or injury is of such a nature that failure to obtain immediate medical care could result in:
(A) Placing the patients health in serious jeopardy; (B) Serious impairment to bodily functions; or (C) Serious dysfunction of any bodily organ or part.
4332
JOURNAL OF THE HOUSE
(2.1)(3) 'Enrollee' means an individual who has elected to contract for or participate in a managed care plan for that individual or for that individual and that individuals eligible dependents. (4) 'Facility' means a hospital, ambulatory surgical treatment center, birthing center, diagnostic and treatment center, hospice, or similar institution for examination, diagnosis, treatment, surgery, or maternity care but does not include physicians or dentists private offices and treatment rooms in which such physicians or dentists primarily see, consult with, and treat patients. (5) 'Health benefit plan' has the same meaning as provided in Code Section 33-2459.5. (3)(6) 'Health care provider' or 'provider' means any physician, dentist, podiatrist, pharmacist, optometrist, psychologist, clinical social worker, advance practice nurse, registered optician, licensed professional counselor, physical therapist, marriage and family therapist, chiropractor, athletic trainer qualified pursuant to paragraph (1) or (2) of subsection (a) of Code Section 43-5-8, occupational therapist, speech language pathologist, audiologist, dietitian, or physicians assistant. (7) 'Home health care provider' means any provider or agency that provides health care services in a patients home including the supply of durable medical equipment for use in a patients home. (4)(8) 'Limited utilization incentive plan' means any compensation arrangement between the plan and a health care provider or provider group that has the effect of reducing or limiting services to patients. (5)(9) 'Managed care contractor' means a person who:
(A) Establishes, operates, or maintains a network of participating providers; (B) Conducts or arranges for utilization review activities; and (C) Contracts with an insurance company, a hospital or medical service plan, an employer, an employee organization, or any other entity providing coverage for health care services to operate a managed care plan. (6)(10) 'Managed care entity' includes an insurance company, hospital or medical service plan, hospital, health care provider network, physician hospital organization, health care provider, health maintenance organization, health care corporation, employer or employee organization, or managed care contractor that offers a managed care plan. (7)(11) 'Managed care plan' means a major medical, hospitalization, or dental plan that provides for the financing and delivery of health care services to persons enrolled in such plan through: (A) Arrangements with selected providers to furnish health care services; (B) Explicit standards for the selection of participating providers; and (C) Cost savings for persons enrolled in the plan to use the participating providers and procedures provided for by the plan; provided, however, that the term 'managed care plan' does not apply to Chapter 9 of Title 34, relating to workers compensation.
WEDNESDAY, APRIL 10, 2002
4333
(12) 'Non-urgent procedure' means any nonemergency or elective care that can be scheduled at least 24 hours prior to the service without posing a significant threat to the patients health or well-being. (8)(13) 'Out of network' or 'point of service' refers to health care items or services provided to an enrollee by providers who do not belong to the provider network in the managed care plan. (8.1)(14) 'Patient' means a person who seeks or receives health care services under a managed care plan. (15) 'Precertification' or 'preauthorization' means any written or oral determination made at any time by an insurer or any agent thereof that an enrollees receipt of health care services is a covered benefit under the applicable plan and that any requirement of medical necessity or other requirements imposed by such plan as prerequisites for payment for such services have been satisfied. 'Agent' as used in this paragraph shall not include an agent or agency as defined in Code Section 33-23-1. (9)(16) 'Qualified managed care plan' means a managed care plan that the Commissioner certifies as meeting the requirements of this article. (17) 'Verification of benefits' means any written or oral determination by an insurer or agent thereof of whether given health care services are a covered benefit under the enrollees health benefit plan without a determination of precertification or preauthorization as to such services. 'Agent' as used in this paragraph shall not include an agent or agency as defined in Code Section 33-23-1."
SECTION 5. Said title is further amended by adding a new subparagraph (C.1) to paragraph (1) of Code Section 33-20A-5, relating to standards for certification, to read as follows:
"(C.1) Any managed care plan licensed in this state shall obtain a signed acknowledgment from each enrollee at the time of enrollment and upon any subsequent product change elected by an enrollee acknowledging that the enrollee has been informed of the following:
(i) The number, mix, and distribution of participating providers. An enrollee shall be entitled to a list of individual participating providers and the list shall be updated at least every 30 days and may be published on an Internet service site made available by the managed care entity at no cost to such enrollee; (ii) The existence of limitations and disclosure of such limitations on choices of health care providers; and (iii) A summary of any agreements or contracts between the managed care plan and any health care provider or hospital as they pertain to the provisions of Code Sections 33-20A-6 and 33-20A-7. Such summary shall not be required to include financial agreements as to actual rates, reimbursements, charges, or fees negotiated by the managed care plan and any health care provider or hospital; provided, however, such summary may include a disclosure of the category or type of compensation, whether capitation, fee for service, per diem, discounted charge, global reimbursement payment, or otherwise, paid by the managed care
4334
JOURNAL OF THE HOUSE
plan to each class of health care provider or hospital under contract with the managed care plan."
SECTION 6. Said title is further amended by inserting immediately following Code Section 33-20A-7, relating to penalties, a new Code section to read as follows:
"33-20A-7.1. (a) The provisions of this chapter shall apply to any managed care plan offered pursuant to Article 1 of Chapter 18 of Title 45 and to any managed care plan offered by any managed care entity.
(1) When an enrollee, provider, facility, or home health care provider calls during regular business hours to request verification of benefits from a managed care plan, the caller shall have the clear and immediate option to speak to an employee or agent of such managed care plan who shall advise the caller that:
(A) Such verification is only a determination of whether given health care services are a covered benefit under the health benefit plan and is not a guarantee of payment for those services; and (B) If the health care services so verified are a covered benefit, whether precertification is required and the phone number to request precertification. (2) If a managed care plan provides verification of benefits after regular business hours or by electronic or recorded means, the enrollee, provider, facility, or home health care provider making the request shall be provided by either electronic or recorded means or, at the option of the insurer, by a live person the information required in subparagraphs (A) and (B) of paragraph (1) of this subsection. (b) When an enrollee, provider, facility, or home health care provider obtains precertification for any covered health care service, the managed care plan is liable for such precertified services at the reimbursement level provided under the health benefit plan for such services where rendered within the time limits set in the precertification unless the enrollee is no longer covered under the plan at the time the services are received by the enrollee, benefits under the contract or plan have been exhausted, or there exists substantiation of fraud by the enrollee, provider, facility, or home health care provider. (c) Any managed care plan which requires precertification shall have sufficient personnel available 24 hours a day, seven days a week, to provide such precertifications for all procedures, other than non-urgent procedures; to advise of acceptance or rejection of such request for precertification; and to provide reasons for any such rejection. Such acceptance or rejection of a precertification request may be provided through a recorded or computer generated communication, provided that the individual requesting precertification has the clear and immediate option to speak to an employee or representative of the managed care plan capable of providing information about the precertification request."
WEDNESDAY, APRIL 10, 2002
4335
SECTION 7. Said title is further amended by striking Code Section 33-24-47.1, relating to notice prior to cancellation or nonrenewal of individual or group accident and sickness policy, and inserting in lieu thereof a new Code Section 33-24-47.1 to read as follows:
"33-24-47.1. (a) This Code section shall apply only to policies, contracts, or certificates of insurance insuring against loss resulting from sickness or from bodily injury or death by accident, or both, or any contract to furnish ambulance service in the future governed by the provisions of Chapters 15, 18, 19, 20, 21, and 30, and 42 of this title. (b) No insurer shall refuse to renew a policy to which this Code section applies unless a written notice of nonrenewal is mailed or delivered in person to the group policyholder. Such notice stating the time when nonrenewal will be effective, which shall not be less than 60 days from the date of mailing or delivery of such notice of nonrenewal or such longer period as may be provided in the contract or by statute, shall be delivered in person or by depositing the notice in the United States mails to be dispatched by at least first-class mail to the last address of record of the group policyholder and receiving the receipt provided by the United States Postal Service or such other evidence of mailing as prescribed or accepted by the United States Postal Service. (c) Notice to the group policyholder shall not be required by this Code section when a group or blanket accident and sickness policy is canceled by an insurer for nonpayment of any premium at the expiration of the 31 day grace period as required by Code Section 33-30-4 or when the group policyholder has given any required written notice of termination to the insurer. (d) Notice by the insurer to the group members shall be required by this Code section when a group or blanket accident and sickness policy is canceled or not renewed, within 14 days of the expiration of the grace period, by an insurer for nonpayment of any premium as required by Code Section 33-30-4. Such notice of cancellation shall be delivered to each group member affected either in person or by depositing the notice in the United States mail to be dispatched by at least first-class mail to the last address of record of the group member and receiving the receipt provided by the United States Postal Service, or such other evidence of mailing as prescribed or accepted by the United States Postal Service. Such notice shall be accompanied by a statement of the enrollees continuation or conversion rights under Code Section 33-24-21.1 or 33-2421.2 or any other applicable Code section. If such group or blanket accident or sickness policy is cancelled or not renewed due to intentional nonpayment of premium by the group policyholder, the group policyholder shall have the duty to notify the enrollees of termination of coverage no later than 14 days after the expiration of the grace period provided in Code Section 33-30-4. (d)(e) A notice of termination of a policy to which subsection (b) of this Code section applies shall be mailed or delivered to the group policyholder and to each employer group or subgroup insured under the policy not less than 60 days prior to the effective date of the termination of the policy. A notice of termination shall be mailed or
4336
JOURNAL OF THE HOUSE
delivered in the same manner provided in subsection (b) of this Code section for a notice of nonrenewal."
SECTION 8. Said title is further amended by striking paragraph (2) of Code Section 33-20A-5, 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 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 9. Said title is further amended in Chapter 20A, relating to managed health care plans, by adding a new Article 3 to read as follows:
"ARTICLE 3
33-20A-60. As used in this article, the term:
(1) 'Carrier' means 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) 'Claimant' means any provider, facility, or individual making a claim under a health benefit plan on behalf of an enrollee. (3) 'Commissioner' means the Commissioner of Insurance. (4) 'Enrollee' has the same meaning as provided in Code Section 33-20A-3. (5) 'Health benefit plan' has the same meaning as provided in Code Section 33-2459.5.
WEDNESDAY, APRIL 10, 2002
4337
(6) 'Physician contract' means 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. (7) 'Post-payment audit' means an investigation by a health benefit plan, carrier, insurer, or panel, or agent thereof, of whether a claim was properly paid to a claimant. (8) 'Retroactive denial of a previously paid claim' or 'retroactive denial of payment' means any attempt by a carrier retroactively to collect payments already made to a claimant with respect to a claim, or any portion thereof, by requiring repayment of such payments, by reducing other payments currently owed to the claimant, by withholding or setting off against future payments, or in any other manner reducing or affecting the future claim payments to the claimant.
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 health care services for a chronic or terminal illness or who is an inpatient shall have the right to continue to receive health care services from that physician for a period of up to 60 days from the date of the termination of the physicians contract. Any enrollee who is 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 sixweeks postdelivery care. During such continuation of coverage period, the physician shall continue providing such services in accordance with the terms of the contract applicable at the time of the termination, 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 because of the suspension or revocation of the physicians license or if the carrier, plan, network, panel, or any agent thereof determines that the physician poses a threat 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 health care services for a chronic or terminal illness or who is an inpatient shall have the right to receive health care services from that physician for a period of up to 60 days from the date of the termination of the physicians contract. Any enrollee who is pregnant and receiving health care services
4338
JOURNAL OF THE HOUSE
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 applicable at the time of the termination, 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 physician terminates his or her contract because of the suspension or revocation of the physicians license or for reasons related to the quality of health care services rendered or issues related to the health, safety, or welfare of enrollees.
33-20A-62. (a) No carrier, plan, network, panel, or any agent thereof may conduct a post-payment audit or impose a retroactive denial of payment on any claim by any claimant relating to the provision of health care services that was 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 claimant in writing notice of the intent to conduct such an audit or impose such a retroactive denial of payment of such claim or any part thereof and has provided in such notice the specific claim and the specific reason for the audit or retroactive denial of payment; (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 claimant of such written notice; and (3) Any such audit or retroactive denial of payment must be completed and notice provided to the claimant of any payment or refund due 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 a post-payment audit or impose a retroactive denial of payment on any claim by any claimant relating to the provision of health care services that was 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 claimant in writing notice of the intent to conduct such an audit or impose such a retroactive denial of payment of such claim or any part thereof and has provided in such notice the specific claim and the specific reason for the audit or retroactive denial of payment; (2) Not more than 12 months have elapsed since such claim was initially submitted by the claimant prior to the delivery to the claimant of such written notice; and (3) Any such audit or retroactive denial of payment must be completed and notice provided to the claimant of any payment or refund due within the sooner of 18 months after the claimants initial submission of such a claim or 24 months after the date of service.
WEDNESDAY, APRIL 10, 2002
4339
(c) No carrier, plan, network, panel, or any agent thereof shall be required to respond to a provider or facilitys request for additional payment or to adjust any previously paid provider or facilitys claim or any part thereof following a final payment unless:
(1) The provider or facility makes a request in writing to the carrier, plan, network, panel, or any agent thereof specifically identifying the previously paid claim or any part thereof and provides the specific reason for additional payment; and (2) If the provider or facilitys claim was submitted within 90 days of the last date of service or discharge covered by such claim, the written request for additional payment or adjustment must be submitted within the earlier of 12 months of the date both the provider or facility and the insurer, network, panel, plan, or carrier or any agent thereof agree that all payments relative to the claim have been made and all appeals of such determinations have been made or waived by the provider or facility or 24 months have elapsed from the date of service or discharge. (d) No carrier, plan, network, panel, or any agent thereof shall be required to respond to a provider or facilitys request for additional payment or to adjust any previously paid provider or facilitys claim or any part thereof following a final payment unless: (1) The provider or facility makes a request in writing to the carrier, plan, network, panel, or any agent thereof specifically identifying the previously paid claim or any part thereof and provides the specific reason for additional payment; and (2) If the provider or facilitys claim was submitted more than 90 days after the last date of service or discharge covered by such claim, the written request for additional payment or adjustment must be submitted within the earlier of six months of the date both the provider or facility and the insurer, network, panel, plan, or carrier or any agent thereof agree that all payments relative to the claim have been made and all appeals of such determinations have been made or waived by the provider or facility or 24 months have elapsed from the date of service or discharge. (e) An enrollee who is not billed for services by any provider, facility, or agent thereof within 45 days of the date that the provider, facility, or agent thereof knew that further payment was due as the result of a post-payment audit, retroactive denial, or rejected request to adjust a previously paid claim shall be relieved of any and all legal obligations to respond to a request for additional payment. (f) Notwithstanding any other provision in this article to the contrary, when precertification has been obtained for a service, the insurer, carrier, plan, network, panel, or agent thereof shall be prohibited from contesting, requesting payment, or reopening such claim or any portion thereof at any time following precertification except to the extent the insurer is not liable for the payment under Code Section 3320A-7.1. (g) Nothing in this article shall be construed as prohibiting reimbursement subject to Code Section 33-24-56.1. (h) 'Agent' as used in this article shall not include an agent or agency as defined in Code Section 33-23-1."
4340
JOURNAL OF THE HOUSE
SECTION 10. Said title is further amended by striking subsection (g) of Code Section 33-24-21.1, relating to group accident and sickness contracts, and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) Eligibility for the converted policies or contracts shall be as follows: (1) Any qualifying eligible individual whose insurance and its corresponding eligibility under the group policy, including any continuation available, elected, and exhausted under this Code section or the federal Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA), has been terminated for any reason, including failure of the employer to pay premiums to the insurer, other than fraud or failure of the qualifying eligible individual to pay a required premium contribution to the employer or, if so required, to the insurer directly and who has at least 18 months of creditable coverage immediately prior to termination shall be entitled, without evidence of insurability, to convert to individual or group based coverage covering such qualifying eligible individual and any eligible dependents who were covered under the qualifying eligible individuals coverage under the group contract or group plan. Such conversion coverage must be, at the option of the individual, retroactive to the date of termination of the group coverage or the date on which continuation or COBRA coverage ended, whichever is later. The insurer must offer qualifying eligible individuals at least two distinct conversion options from which to choose. One such choice of coverage shall be comparable to comprehensive health insurance coverage offered in the individual market in this state or comparable to a standard option of coverage available under the group or individual health insurance laws of this state. The other choice may be more limited in nature but must also qualify as creditable coverage. Each coverage shall be filed, together with applicable rates, for approval by the Commissioner. Such choices shall be known as the 'Enhanced Conversion Options'; (2) Premiums for the enhanced conversion options for all qualifying eligible individuals shall be determined in accordance with the following provisions: (A) Solely for purposes of this subsection, the claims experience produced by all groups covered under comprehensive major medical or hospitalization accident and sickness insurance for each insurer shall be fully pooled to determine the group pool rate. Except to the extent that the claims experience of an individual group affects the overall experience of the group pool, the claims experience produced by any individual group of each insurer shall not be used in any manner for enhanced conversion policy rating purposes; (B) Each insurers group pool shall consist of each insurers total claims experience produced by all groups in this state, regardless of the marketing mechanism or distribution system utilized in the sale of the group insurance from which the qualifying eligible individual is converting. The pool shall include the experience generated under any medical expense insurance coverage offered under separate group contracts and contracts issued to trusts, multiple employer trusts, or association groups or trusts, including trusts or arrangements providing group or
WEDNESDAY, APRIL 10, 2002
4341
group-type coverage issued to a trust or association or to any other group policyholder where such group or group-type contract provides coverage, primarily or incidentally, through contracts issued or issued for delivery in this state or provided by solicitation and sale to Georgia residents through an out-of-state multiple employer trust or arrangement; and any other group-type coverage which is determined to be a group shall also be included in the pool for enhanced conversion policy rating purposes; and (C) Any other factors deemed relevant by the Commissioner may be considered in determination of each enhanced conversion policy pool rate so long as it does not have the effect of lessening the risk-spreading characteristic of the pooling requirement. Duration since issue and tier factors may not be considered in conversion policy rating. Notwithstanding subparagraph (A) of this paragraph, the total premium calculated for all enhanced conversion policies may deviate from the group pool rate by not more than plus or minus 50 percent based upon the experience generated under the pool of enhanced conversion policies so long as rates do not deviate for similarly situated individuals covered through the pool of enhanced conversion policies; (3) Any group member who is not a qualifying eligible individual and whose insurance under the group policy has been terminated for any reason, including failure of the employer to pay premiums to the insurer, other than eligibility for medicare (reaching a limiting age for coverage under the group policy) or failure of the group member to pay a required premium contribution, and who has been continuously covered under the group contract or group plan, and under any contract or plan providing similar benefits which it replaces, for at least six months immediately prior to termination shall be entitled, without evidence of insurability, to convert to individual or group coverage covering such group member and any eligible dependents who were covered under the group members coverage under the group contract or group plan. Such conversion coverage must be, at the option of the individual, retroactive to the date of termination of the group coverage or the date on which continuation or COBRA coverage ended, whichever is later. The premium of the basic converted policy shall be determined in accordance with the insurers table of premium rates applicable to the age and classification of risks of each person to be covered under that policy and to the type and amount of coverage provided. This form of conversion coverage shall be known as the 'Basic Conversion Option'; and (4) Nothing in this Code section shall be construed to prevent an insurer from offering additional options to qualifying eligible individuals or group members."
SECTION 11. This Act shall apply only to health benefit plan contracts issued, delivered, issued for delivery, or renewed in this state on or after October 1, 2002; provided, however, that Section 8 of this Act shall apply to all claims relating to health care services provided on or after July 1, 2002. Any carrier, plan, network, panel, or agent thereof conducting a post-payment audit or imposing a retroactive denial on any claim initially submitted prior
4342
JOURNAL OF THE HOUSE
to July 1, 2002, shall, no later than June 30, 2003, provide written notice to the claimant of the intent to conduct such an audit or impose such a retroactive denial of any such claim or part thereof, including the specific reason for the audit or denial and shall complete the audit or retroactive denial and provide notice to the claimant of any payment or refund due prior to January 1, 2004.
SECTION 12. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
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 N Brown Y Buck Y Buckner Y Bulloch N Bunn N Burkhalter N Burmeister Y Byrd
Callaway Campbell N Cash Y Channell Y Childers N Coan E Coleman, B Y Coleman, T Collins Y Connell N Cooper
N Cox Crawford
Y Cummings Davis
Y Day Dean
Y Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner
Dukes E Ehrhart Y Epps Y Everett Y Floyd N Forster N Franklin Y Gardner Y Golick
Grasse Y Graves Y Greene
Hammontree Y Hanner E Harbin Y Harrell Y Heard Y Heckstall N Hembree Y Henson N Hines Y Holland Y Holmes Y Houston Y Howard
N Hudgens Hudson, N
Y Hudson, S Y Hugley Y Irvin E Jackson, B Y Jackson, L
James Y Jamieson
Jenkins N Jennings Y Johnson
Jordan N Joyce
Kaye Y Keen
Knox Y Lane N Lanier N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham Y Manning E Massey E McBee Y McCall Y McClinton
McKinney Y Millar N Mills
Mobley Y Morris Y Mosley
N Mueller N Muntean
O'Neal Y Orrock Y Parham Y Parrish
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
Richardson N Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor N Sanders N Scheid Y Scott Y Seay
Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
N Smith, B 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
Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L N Walker, R.L Y Watson Y West N Westmoreland E Wiles Y Wilkinson
Willard N Williams, J N Williams, R Y Wix
Yates Murphy, Speaker
WEDNESDAY, APRIL 10, 2002
4343
On the passage of the Bill, by substitute, the ayes were 107, nays 34.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representatives Cox of the 105th, Jennings of the 63rd and Lanier of the 145th stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.
Representative Bannister of the 77th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following Bills of the House were taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
HB 585. By Representatives Parham of the 122nd, Graves of the 125th, West of the 101st, Coleman of the 142nd, Childers of the 13th and others:
A BILL to amend Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, so as to provide for the licensing and inspection of pharmacy benefit managers; and for other purposes.
Representative Parham of the 122nd moved that the House insist on its position in disagreeing to the Senate substitute to HB 585 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 Graves of the 125th, Parham of the 122nd and Twiggs of the 8th.
4344
JOURNAL OF THE HOUSE
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.
Representative Birdsong of the 123rd moved that the House insist on its position in disagreeing to the Senate substitute to HB 1405 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 Squires of the 78th, Williams of the 5th and Birdsong of the 123rd.
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.
Representative Houston of the 166th moved that the House recede from its position in disagreeing to the Senate substitute to HB 1303.
On the motion, the roll call was ordered and the vote was as follows:
Allen Y Amerson Y Anderson
Ashe Bannister Y Barnard
Y Cox Y Crawford Y Cummings N Davis
Day Y Dean
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin E Jackson, B
Y Mueller N Muntean Y O'Neal Y Orrock Y Parham Y Parrish
Y Smith, B Smith, C
Y Smith, C.W Y Smith, L
Smith, P Y Smith, T
Y Barnes Bell
Y Benfield Birdsong
Y Black Y Boggs
Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown
Buck Y Buckner Y Bulloch N Bunn
Burkhalter N Burmeister Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T
Collins Y Connell Y Cooper
WEDNESDAY, APRIL 10, 2002
Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner
Dukes E Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene
Hammontree Y Hanner E Harbin Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard
Y Jackson, L James
Y Jamieson Y Jenkins Y Jennings Y Johnson
Jordan N Joyce Y Kaye N Keen Y Knox
Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Massey E McBee Y McCall
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 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 Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
On the motion, the ayes were 134, nays 12. The motion prevailed.
4345
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
Tillman Y Turnquest Y Twiggs
Unterman Y Walker, L N Walker, R.L Y Watson Y West Y Westmoreland Y Wiles N Wilkinson N Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
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 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.
4346
JOURNAL OF THE HOUSE
The following Senate substitute 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 provide for construction; 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. (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 following the established guidelines of 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
WEDNESDAY, APRIL 10, 2002
4347
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 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 to 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 or attending or participating in an academic or athletic event while remaining in the authorized area. (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. (f) Nothing in this Code section shall be construed to prohibit school administrators from prohibiting the admission of any person who has violated school policy or state law."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Buckner of the 95th, Massey of the 86th and Jamieson of the 22nd move to amend the Senate substitute to HB 161 as follows:
Pg 2 Line 17 after "area" add:
or parent, grandparent or guardian listed on a child's pick-up list who fails to sign-in while delivering school supplies, food, clothing, or other legitimate business and who has not previously been sanctioned by school officials for disrupting a school.
Representative Buckner of the 95th moved that the House agree to the Senate substitute, as amended by the House, to HB 161.
On the motion, the roll call was ordered and the vote was as follows:
Allen Y Amerson Y 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
4348
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 E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
JOURNAL OF THE HOUSE
Y Davis Day
Y 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
Greene Y Hammontree Y Hanner E Harbin Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard
Y Hugley Irvin
E Jackson, B Y Jackson, L
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 E 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
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
Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
On the motion, the ayes were 155, nays 0. The motion prevailed.
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
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
The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto:
SB 52.
By Senators Thomas of the 10th, Brush of the 24th, Brown of the 26th, Thomas of the 2nd, Ray of the 48th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the O.C.G.A., relating to selling and other trade practices, so as to provide that a person who owns or operates a public accommodation may not restrict an individual from access or admission to the accommodation or otherwise prevent the
WEDNESDAY, APRIL 10, 2002
4349
individual from using the accommodation solely because the individual operates a motorcycle, is a member of an organization or association that operates motorcycles, or wears clothing that displays the name of such an organization or association; to provide that no person who owns or operates a public accommodation may exclude patrons from parking two-wheeled or three-wheeled vehicles in the parking lot of the public accommodation; to repeal conflicting laws; and for other purposes.
The following Senate amendment was read:
Amend the House substitute to SB 52 by striking lines 20 through 25 on page 2.
By striking from line 3 of page 3 "'Defense of Scouting Act.'" and inserting in lieu thereof the following:
"'State Scouting Act.'"
By inserting on line 5 on page 3, after the word "corporation" the following:
"as defined in 26 U.S.C. Section 501 (c)".
By striking on line 8 on page 3 "engagement in outdoor activities,".
By striking on line 9 on page 3 the word "Neither" and inserting in lieu thereof the following:
"Except for normal hours of operation, or use by any of the following for any of their functions, or to establish reasonable hours and days of keeping their building open or for security or safety purposes, neither".
By striking all words after the word "law" on line 12 on page 3 through 14 on page 3 and inserting in lieu thereof the following:
"; provided the youth organization may be required to pay for any utilities and security in the same manner as all other organizations utilizing such facilities and shall be liable for any negligent acts committed on the premises'."
Representative Teague of the 58th moved that the House disagree to the Senate amendment to the House substitute to SB 52.
4350
JOURNAL OF THE HOUSE
The motion prevailed.
Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 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.
The report of the Committee, which was favorable to the 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 Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner 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 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 E Harbin Y Harrell
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin E Jackson, B Y Jackson, L
James Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning E Massey
Y Mueller Y Muntean Y O'Neal Y Orrock
Parham Y Parrish Y Parsons Y Pelote Y Pinholster
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 Sailor Y Sanders
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 Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper
Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West
Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
WEDNESDAY, APRIL 10, 2002
Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston
Howard
E McBee McCall McClinton McKinney
Y Millar Y Mills Y Mobley
Morris Y Mosley
Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
4351
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 151, nays 0. The Bill, having received the requisite constitutional majority, was passed.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendment thereto:
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 following Senate substitute was read:
A BILL
To amend an Act known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, so as to change the descriptions of the five electoral districts provided for the authority; to define certain terms; 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 effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
4352
JOURNAL OF THE HOUSE
An Act known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, is amended by striking paragraphs (2) and (3) of subsection (b) of Section 2 and inserting in lieu thereof the following:
"(2) For the purpose of electing members of the authority, Bibb County and parts of Jones County are divided into five electoral districts as follows:
(A) Districts 1 through 4 shall be and correspond to those numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: MWAp7 Plan Type: Local User: Shantee Administrator: Macon City. (B) District 5 shall consist of all of Bibb County and all those parts of Jones County included in District 1. (3) 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 Bibb 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 Bibb 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."
SECTION 2. Districts 1 through 5 as they exist immediately prior to the effective date of the district descriptions provided by this Act shall continue to be designated as Districts 1 through 5, respectively, but as newly described under this Act; and on and after the effective date of the district descriptions provided by this Act, such members of the Authority serving from those former districts shall be deemed to be serving from and representing districts as newly described under this Act.
SECTION 3. It shall be the duty of the attorney of the Macon Water Authority to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.
SECTION 4.
WEDNESDAY, APRIL 10, 2002
4353
Sections 3 through 5 of this Act and those provisions of this Act necessary for the election in 2002 of members of the Macon Water Authority shall become effective upon its approval by the Governor or upon its becoming law without such approval; and 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 Bibb County
Tract: 101 BG: 1 Tract: 102 BG: 1 1000 1001 1002 1003 1004 1015 1016 1017 1018 1019 Tract: 103 BG: 1 1000 Tract: 105 BG: 1 1000 1001 1002 1003 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 BG: 2 2001 2002 2003 2004 2006 2007 2008 2009 2010 Tract: 106 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2009 2010 2011 2012 2013 2017 2018 BG: 3 Tract: 107 Tract: 108 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 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 2997 2998 2999 Tract: 110 Tract: 111 Tract: 112 Tract: 113 Tract: 114
4354
JOURNAL OF THE HOUSE
Tract: 117.01 Tract: 117.02 Tract: 119 Tract: 120 BG: 1 BG: 2 Tract: 121 BG: 3 3000 3001 3002 3003 3004 3005 Tract: 129 Tract: 130 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 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 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 2138 2139 2142 2143 2144 2145 2146 2147 2150 2151 2152 2153 2154 2156 2157 2158 2160 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2188 2189 2190 2191 2192 2193 2194 2195 2196 2197 2198 2199 2203 2204 2205 2206 2207 2208 2209 2210 2211 2212 2213 2223 2224 2225 2234 2992 2993 2994 2995 2996 2997 2998 2999 Tract: 133.01 Tract: 133.02
Jones County Tract: 301.01 BG: 1 1006 Tract: 301.02 BG: 3 3019 3020 BG: 9 9015 9016 9017 9018 9021 9022 9023 9024 9025 9026 9027 9036 9037 9043 9044 9046
WEDNESDAY, APRIL 10, 2002
District 002 Bibb County
Tract: 101 BG: 2 BG: 3 Tract: 102 BG: 1 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 BG: 2 BG: 3 Tract: 103 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 BG: 2 Tract: 104 Tract: 105 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 BG: 2 2000 2005 2011 2012 2013 2014 2015 2016 2017 2018 BG: 3 Tract: 106 BG: 2 2007 2008 2014 2015 2016 Tract: 108 BG: 2 2009 Tract: 115 Tract: 118 Tract: 120 BG: 3 BG: 4 Tract: 122 BG: 1 BG: 2 2000 2001 2002 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2026 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 Tract: 123 Tract: 124 BG: 1
4355
4356
JOURNAL OF THE HOUSE
1000 1001 1002 1003 1004 1007 BG: 2 2000 2001 2002 2012 Tract: 125 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2010 2011 2012 BG: 3 Tract: 126 Tract: 127 Tract: 128 Tract: 130 BG: 2 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2140 2141 2148 2149 2155 2159 2161 2226 2227 2228 2229 2230 2231 2232 2233
District 003 Bibb County
Tract: 121 BG: 1 BG: 2 BG: 3 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 BG: 4 Tract: 122 BG: 2 2041 2042 Tract: 132.01 BG: 1 1000 Tract: 134.01 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 1037 1998 1999 BG: 2 BG: 3
WEDNESDAY, APRIL 10, 2002
BG: 4 Tract: 134.02 Tract: 136.01 BG: 1 BG: 2 2001 2005 BG: 3 3000 3001 3002 3003 3004 3013 3014 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3994 3995 3996 3998 BG: 4 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 Tract: 136.02 BG: 2 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 BG: 3 BG: 4 BG: 5 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 BG: 6
District 004 Bibb County
Tract: 122 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2023 2024 2025 2027 2040 2998 2999 Tract: 124 BG: 1 1005 1006 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2013 2014 2015 2016 2017 2018 2019 2999 BG: 3 BG: 4 BG: 5 Tract: 125 BG: 2 2009 Tract: 130
4357
4358
JOURNAL OF THE HOUSE
BG: 2 2200 2201 2202 2214 2215 2216 2217 2218 2219 2220 2221 2222 2235 2236 2990 2991 Tract: 131.01 Tract: 131.02 Tract: 132.01 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 1999 BG: 2 BG: 3 BG: 4 Tract: 132.02 Tract: 134.01 BG: 1 1036 Tract: 135.01 Tract: 135.02 Tract: 136.01 BG: 2 2000 2002 2003 2004 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2998 2999 BG: 3 3005 3006 3007 3008 3009 3010 3011 3012 3015 3016 3997 3999 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4035 4036 4037 4038 4039 4040 4041 4042 4999 Tract: 136.02 BG: 1 BG: 2 2000 2001 2002 2003 BG: 5 5000 5001 5002 5003
Representative Lucas of the 124th moved that the House disagree to the Senate substitute to HB 1772.
On the motion, the ayes were 110, nays 0.
WEDNESDAY, APRIL 10, 2002 The motion prevailed.
4359
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 following Senate substitute was read:
A BILL
To amend an Act establishing a board of commissioners of Bibb County, approved February 6, 1873 (Ga. L. 1873, p. 219), as amended, so as to change the descriptions of the four commissioner districts; to define certain terms; 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 effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act establishing a board of commissioners of Bibb County, approved February 6, 1873 (Ga. L. 1873, p. 219), as amended, is amended by striking subsection (a) of Section 1 and inserting in lieu thereof the following:
"(a)(1) There is created the board of commissioners of Bibb County to be elected as provided in this section. For the purpose of electing members of the board, Bibb County is divided into four commissioner districts. The four commissioner districts shall be and correspond to those numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: Bibbcc2 Plan Type: Local User: shantee Administrator: Bibb. (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 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 Bibb County which is not included in any such district described in that attachment shall be included within
4360
JOURNAL OF THE HOUSE
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 Bibb 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."
SECTION 2. Districts 1 through 4 as they exist immediately prior to the effective date of the district descriptions provided by this Act shall continue to be designated as Districts 1 through 4, respectively, but as newly described under this Act; and on and after the effective date of the district descriptions provided by this Act, such members of the board serving from those former districts shall be deemed to be serving from and representing districts as newly described under this Act.
SECTION 3. It shall be the duty of the attorney of the board of commissioners of Bibb County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.
SECTION 4. Sections 3 through 5 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; and 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 Bibb County
Tract: 101 BG: 1 Tract: 102 BG: 1 1000 1001 1002 1003 1004 1015 1016 1017 1018 1019 Tract: 103 BG: 1 1000
WEDNESDAY, APRIL 10, 2002
Tract: 105 BG: 1 1000 1001 1002 1003 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 BG: 2 2001 2002 2003 2004 2006 2007 2008 2009 2010 Tract: 106 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2009 2010 2011 2012 2013 2017 2018 BG: 3 Tract: 107 Tract: 108 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 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 2997 2998 2999 Tract: 110 Tract: 111 Tract: 112 Tract: 113 Tract: 114 Tract: 117.01 Tract: 117.02 Tract: 119 Tract: 120 BG: 1 BG: 2 Tract: 121 BG: 3 3000 3001 3002 3003 3004 3005 Tract: 129 Tract: 130 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 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
4361
4362
JOURNAL OF THE HOUSE
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 2096 2138 2139 2142 2143 2144 2145 2146 2147 2150 2151 2152 2153 2154 2156 2157 2158 2160 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2188 2189 2190 2191 2192 2193 2194 2195 2196 2197 2198 2199 2203 2204 2205 2206 2207 2208 2209 2210 2211 2212 2213 2223 2224 2225 2234 2992 2993 2994 2995 2996 2997 2998 2999 Tract: 133.01 Tract: 133.02
District 002 Bibb County
Tract: 101 BG: 2 BG: 3 Tract: 102 BG: 1 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 BG: 2 BG: 3 Tract: 103 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 BG: 2 Tract: 104 Tract: 105 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 BG: 2 2000 2005 2011 2012 2013 2014 2015 2016 2017 2018 BG: 3 Tract: 106 BG: 2 2007 2008 2014 2015 2016 Tract: 108 BG: 2 2009
WEDNESDAY, APRIL 10, 2002
Tract: 115 Tract: 118 Tract: 120 BG: 3 BG: 4 Tract: 122 BG: 1 BG: 2 2000 2001 2002 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2026 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 Tract: 123 Tract: 124 BG: 1 1000 1001 1002 1003 1004 1007 BG: 2 2000 2001 2002 2012 Tract: 125 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2010 2011 2012 BG: 3 Tract: 126 Tract: 127 Tract: 128 Tract: 130 BG: 2 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2140 2141 2148 2149 2155 2159 2161 2226 2227 2228 2229 2230 2231 2232 2233
District 003 Bibb County
Tract: 121 BG: 1 BG: 2 BG: 3 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 BG: 4
4363
4364
JOURNAL OF THE HOUSE
Tract: 122 BG: 2 2041 2042 Tract: 132.01 BG: 1 1000 Tract: 134.01 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 1037 1998 1999 BG: 2 BG: 3 BG: 4 Tract: 134.02 Tract: 136.01 BG: 1 BG: 2 2001 2005 BG: 3 3000 3001 3002 3003 3004 3013 3014 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3994 3995 3996 3998 BG: 4 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 Tract: 136.02 BG: 2 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 BG: 3 BG: 4 BG: 5 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 BG: 6
District 004 Bibb County
Tract: 122 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2023 2024
WEDNESDAY, APRIL 10, 2002
2025 2027 2040 2998 2999 Tract: 124 BG: 1 1005 1006 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2013 2014 2015 2016 2017 2018 2019 2999 BG: 3 BG: 4 BG: 5 Tract: 125 BG: 2 2009 Tract: 130 BG: 2 2200 2201 2202 2214 2215 2216 2217 2218 2219 2220 2221 2222 2235 2236 2990 2991 Tract: 131.01 Tract: 131.02 Tract: 132.01 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 1999 BG: 2 BG: 3 BG: 4 Tract: 132.02 Tract: 134.01 BG: 1 1036 Tract: 135.01 Tract: 135.02 Tract: 136.01 BG: 2 2000 2002 2003 2004 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2998 2999 BG: 3 3005 3006 3007 3008 3009 3010 3011 3012 3015 3016 3997 3999 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4035
4365
4366
JOURNAL OF THE HOUSE
4036 4037 4038 4039 4040 4041 4042 4999 Tract: 136.02 BG: 1 BG: 2 2000 2001 2002 2003 BG: 5 5000 5001 5002 5003
Representative Lucas of the 124th moved that the House disagree to the Senate substitute to HB 1773.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
HB 623. By Representatives Millar of the 59th, Jennings of the 63rd, Turnquest of the 73rd, Mobley of the 69th, Watson of the 70th and others:
A BILL to provide that the tax commissioner of DeKalb County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of DeKalb County to reimburse the county for the cost of collecting school taxes; and for other purposes.
The following Senate amendment was read:
Amend HB 623 by striking "1.25" and inserting "1.9" on line 9 of page 1.
Representative Millar of the 59th moved that the House agree to the Senate amendment to HB 623.
On the motion the ayes were 110, nays 0.
The motion prevailed.
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:
WEDNESDAY, APRIL 10, 2002
4367
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 following Senate substitute was read:
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; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. For purposes of this Act, the term:
(1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the DeKalb County School District, including but not limited to taxes to pay interest on and to retire school bond indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A.
SECTION 2. (a) Each resident of the DeKalb County School District is granted an exemption on that persons homestead from all DeKalb County School District ad valorem taxes for educational purposes in the amount of $2,500.00 of the assessed value of that homestead 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. The value of that property in excess of such exempted amount shall remain subject to taxation.
4368
JOURNAL OF THE HOUSE
(b) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or persons agent files an affidavit with the tax commissioner of DeKalb County giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose.
SECTION 3. The tax commissioner of DeKalb County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
SECTION 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper affidavit as provided in subsection (b) of Section 2 of this Act, it shall not be necessary to make application and file such affidavit thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of DeKalb County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.
SECTION 5. The exemption granted by this Act shall not apply to or affect any state taxes, county taxes for county purposes, municipal taxes, or independent school district taxes. The homestead exemption granted by this Act shall be in addition to and not in lieu of any other homestead exemption applicable to DeKalb County School District ad valorem taxes for educational purposes.
SECTION 6. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 2004.
SECTION 7. This Act shall be automatically repealed on December 31, 2007.
SECTION 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the DeKalb County School District for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2002, state-wide general election and shall issue
WEDNESDAY, APRIL 10, 2002
4369
the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act be approved which provides a new 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 residents of that school district in each taxable year beginning on January 1, 2004, 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?"
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, Sections 1 through 6 shall become of full force and effect on January 1, 2004. If the Act is not so approved or if the election is not conducted as provided in this section, Sections 1 through 6 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by DeKalb County. It shall be the election superintendents duty to certify the result thereof to the Secretary of State.
SECTION 9. Except as otherwise provided in Section 7 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
Representative Millar of the 59th moved that the House agree to the Senate substitute to HB 1636.
On the motion the ayes were 110, nays 0. The motion prevailed.
The following Resolution of the House was read and adopted:
HR 1694. By Representatives Smith of the 169th, Mosley of the 171st and Murphy of the 18th:
4370
JOURNAL OF THE HOUSE
A RESOLUTION commending Rex Allen Swain; 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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 333 Do Pass, by Substitute
Respectfully submitted, /s/ Bordeaux of the 151st
Chairman
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
The Senate adheres to its amendments and has appointed a Committee of Conference on the following resolution of the House:
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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Hooks of the 14th, Gillis of the 20th, and Dean of the 31st.
The Senate has passed by the requisite constitutional majority the following bill of the House:
HB 885. By Representative Jenkins of the 110th:
A BILL to amend Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, so as to enact The Interstate
WEDNESDAY, APRIL 10, 2002
4371
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 Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
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 change certain provisions relating to grant certification; to provide for definitions; to provide for procedures, conditions, and limitations; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
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 Senate has agreed to the House amendment as amended by the Senate to the following bill of the Senate:
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.
4372
JOURNAL OF THE HOUSE
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 250. By Representatives Powell of the 23rd and Parham of the 122nd:
A BILL to amend Titles 40 and 48 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic and to revenue and taxation, respectively, so as to redesignate certain provisions relating to motor vehicle license fees and plates; to correct certain cross-references and conform to such redesignation; to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to correct certain crossreferences and conform to such redesignation; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 744. By Representatives Coleman of the 142nd, Morris of the 155th, Floyd of the 138th, Purcell of the 147th, Skipper of the 137th and others:
A BILL to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks and facilities, so as to enact the "Power Alley Development Authority Act"; to provide for the creation of the Power Alley Development Authority; and for other purposes.
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 Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
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
WEDNESDAY, APRIL 10, 2002
4373
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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Thompson of the 33rd, Starr of the 44th, and Dean of the 31st.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
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.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
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.
The Senate has disagreed to the House substitute to the following bill of the Senate:
4374
JOURNAL OF THE HOUSE
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.
Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 9:00 o'clock, A.M., Friday, April 12, 2002.
FRIDAY, APRIL 12, 2002
4375
Representative Hall, Atlanta, Georgia Friday, April 12, 2002
The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:
Amerson Ashe Bannister Barnard Bell Birdsong Black Bridges Brooks Broome Buck Bunn Burkhalter Campbell Childers Coleman, B Coleman, T Cooper Cox Crawford
Cummings Deloach, G Dodson Drenner Ehrhart Epps Everett Floyd Franklin Gardner Grasse Greene Hammontree Hanner Heard Hembree E Henson Hines Holland Hudgens
Hudson, N Hugley Irvin E Jackson, B Jennings Johnson Jordan Kaye Keen Lane Lewis Lord Lucas Lunsford Manning E McBee McClinton Mills Mosley Mueller
Muntean O'Neal Parham Parrish Parsons E Pelote Pinholster Poag Purcell Reece Reed Rice Richardson Rogers Royal Sanders Scheid Scott Sholar
Skipper Smith, C Smith, C.W Smith, L Smith, P Smith, T E Smith, V Stallings Stokes Taylor Teper Twiggs Unterman Walker, L West Wiles Wilkinson E Williams, J 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, Benfield of the 67th, Boggs of the 168th, Bordeaux of the 151st, Borders of the 177th, Brown of the 130th, Buckner of the 95th, Bulloch of the 180th, Burmeister of the 114th, Byrd of the 170th, Callaway of the 81st, Cash of the 108th, Collins of the 29th, Connell of the 115th, Day of the 153rd, Dean of the 48th, DeLoach of the 172nd, Dukes of the 161st, Forster of the 3rd, Graves of the 125th, Harrell of the 62nd, Heckstall of the 55th, Holmes of the 53rd, Houston of the 166th, Howard of the 118th, Hudson of the 120th, James of the 140th, Jamieson of the 22nd, Jenkins of the 110th, Knox of the 28th, Lanier of the 145th, Maddox of the 72nd, Mangham of the 75th, McCall of the 90th, McKinney of the 51st, Millar of the 59th, Mobley of the 69th, Porter of the 143rd, Powell of the 23rd, Ragas of the 64th, Randall of the 127th, Ray of the 128th, Reichert of the 126th,
4376
JOURNAL OF THE HOUSE
Roberts of the 132nd, Sailor of the 71st, Seay of the 93rd, Shanahan of the 10th, Shaw of the 176th, Sims of the 167th, Sinkfield of the 57th, Smith of the 91st, Smyre of the 136th, Snow of the 2nd, Squires of the 78th, Stanley of the 49th, Stanley of the 50th, Stephens of the 150th, Teague of the 58th, Tillman of the 173rd, Turnquest of the 73rd, Watson of the 70th, Williams of the 5th, Wix of the 33rd, and Yates of the 106th.
They wish to be recorded as present.
Prayer was offered by Dr. Robert L. "Jackie" Beavers, Glory Harvester Church, Cartersville, Georgia.
The members pledged allegiance to the flag.
Representative Teper of the 61st, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Resolutions of the House were introduced, read the first time and referred to the Committees:
FRIDAY, APRIL 12, 2002
4377
HR 1652. By Representative Buckner of the 95th:
A RESOLUTION creating the House Student Financial Planning Study Committee; and for other purposes.
Referred to the Committee on Rules.
HR 1692. By Representatives Orrock of the 56th, Drenner of the 66th, Holmes of the 53rd, Gardner of the 47th, Bordeaux of the 151st and others:
A RESOLUTION urging congressional action to ensure all necessary steps are taken to protect the people of Georgia from terrorist, environmental, safety, and health threats posed by plutonium transported through our state and processed, stored, and handled near our borders, including minimizing the need for any such transport, processing, storage, or handling of plutonium; and for other purposes.
Referred to the Committee on Rules.
HR 1695. By Representatives Teper of the 61st, Drenner of the 66th, Orrock of the 56th, Benfield of the 67th, Gardner of the 47th and others:
A RESOLUTION relating to terrorism and the systemic protection of Georgia's public health and life sustaining natural resources; and for other purposes.
Referred to the Committee on Rules.
By unanimous consent, the following Bill and Resolutions of the House were read the second time:
HB 1843 HR 1613
HR 1650 HR 1651
4378
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 1488 Do Pass HR 1494 Do Pass HR 1594 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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 454 Do Pass SB 456 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, APRIL 12, 2002
FRIDAY, APRIL 12, 2002
4379
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 40th Legislative Day as enumerated below:
UNCONTESTED HOUSE/SENATE RESOLUTIONS
HR 851 HR 975 HR 1321 HR 1328
Joint MARTA Study Committee; create House Study Committee for House Bill 851; create House Biodiesel Study Committee; create House Collegiate Athletic Association Disciplinary Study Committee; create
DEBATE CALENDAR
HR 1536 SB 136 SB 138 SB 206
SB 323
SB 451
SB 458
SB 462
SB 491
SB 501
Health; hepatitis C; urge increased awareness Annexation; Certain Populated Counties; approval provisions Public School Employees Retirement; increase maximum benefit amount Habeas Corpus Procedure; persons under sentence; filing petitions; statute of limitations; interstate transfer of prisoners Revenue Department; collections and receipts; payments to Office of Treasury and Fiscal Services within 30 days Hospitals; liens for cost of care and treatment to injured persons; lien not against patients nor their property or assets Health Insurance; coverage; medically necessary off-label prescription drugs Property; nuisance abatement; lien procedures; tax liens and sales; judicial foreclosures; titles; interested parties Disaster Relief Counselors Assigned by American Red Cross; professional licensing exemption Air Ambulance Emergency Care and Transportation; licensure
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Smyre of the 136th
Chairman
By unanimous consent, the following Bills of the Senate were taken up for consideration and read the third time:
4380
JOURNAL OF THE HOUSE
SB 454. By Senator Lee of the 29th:
A BILL to be entitled an Act to provide for the nonpartisan nomination and election of the chief magistrate of Meriwether 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 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 93, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
SB 456. By Senator Lee of the 29th:
A BILL to be entitled an Act to provide for the nonpartisan nomination and election of the chief magistrate of Troup 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 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 93, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the House:
FRIDAY, APRIL 12, 2002
4381
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.
HB 666. By Representative Snow of the 2nd:
A BILL to amend Code Section 47-2-263 of the Official Code of Georgia Annotated, relating to creditable service in the Employees' Retirement System of Georgia for certain past service as an assistant district attorney or employee of the Prosecuting Attorneys' Council and the payment of employee contributions, so as to provide that such members may obtain creditable service for prior service as a law clerk or legal assistant to a superior court judge; and for other purposes.
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.
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.
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
4382
JOURNAL OF THE HOUSE
certain provisions relating to special license plates for members of active reserve components of the United States; and for other purposes.
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.
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.
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.
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.
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:
FRIDAY, APRIL 12, 2002
4383
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.
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.
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.
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 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.
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 1611-129 of the Official Code of Georgia Annotated, relating to firearms licenses, and Chapter 8 of Title 29 of the Official Code of Georgia Annotated,
4384
JOURNAL OF THE HOUSE
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.
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.
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.
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.
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.
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
FRIDAY, APRIL 12, 2002
4385
provisions relating to population brackets and the census relative to the time for making tax returns in certain counties; and for other purposes.
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.
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.
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 Senate has adopted by the requisite constitutional majority the following resolutions of the House:
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 classes of property or between or within its subclasses; and for other purposes.
4386
JOURNAL OF THE HOUSE
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.
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 24. By Representatives Golick of the 30th, Lord of the 121st, Dodson of the 94th, Harbin of the 113th and Maddox of the 72nd:
A BILL to amend Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair or deceptive acts or practices in the business of insurance, so as to prohibit certain discriminatory practices based on race, color, or national or ethnic origin; and for other purposes.
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 53-522 of the Official Code of Georgia Annotated, relating to notice of petition for probate in solemn form; to amend Chapter 7 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to administration of estates generally; to amend Chapter 11 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998; and for other purposes.
HB 642. By Representatives Benfield of the 67th, Squires of the 78th, Allen of the 117th, Dix of the 76th, Ragas of the 64th and others:
A BILL to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for the comprehensive regulation of discovery and inspection in juvenile cases; to
FRIDAY, APRIL 12, 2002
4387
provide a short title; to provide for conditions, limitations, and procedures with respect thereto; and for other purposes.
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.
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.
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.
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
4388
JOURNAL OF THE HOUSE
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.
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.
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 Senate has passed as amended, by the requisite constitutional majority, the following bills of the House:
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.
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
FRIDAY, APRIL 12, 2002
4389
additional powers and duties of the State Structural Pest Control Commission and the Commissioner of Agriculture; and for other purposes.
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 Senate has adopted as amended, by the requisite constitutional majority, the following resolution of the House:
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 Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 585. By Representatives Parham of the 122nd, Graves of the 125th, West of the 101st, Coleman of the 142nd, Childers of the 13th and others:
A BILL to amend Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, so as to provide for the licensing and inspection of pharmacy benefit managers; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Stokes of the 43rd, Thomas, D. of the 54th, and Walker of the 22nd.
The Senate has disagreed to the House substitute to the following bill of the Senate:
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
4390
JOURNAL OF THE HOUSE
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.
The Senate has passed by the requisite constitutional majority the following bills of the House:
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.
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.
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.
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.
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.
HB 1820. By Representative Coleman of the 142nd:
A BILL to amend an Act providing a new charter for the City of Cochran, so as to change the corporate limits of such city by annexing certain territory in Bleckley County into such city; and for other purposes.
FRIDAY, APRIL 12, 2002
4391
HB 1829. By Representative Smith of the 91st:
A BILL to amend an Act providing a new charter for the City of Madison, so as to change the descriptions of election districts; and for other purposes.
HB 1835. By Representatives Lunsford of the 109th, Cash of the 108th and Sanders of the 107th:
A BILL to amend an Act creating the State Court of Henry County, so as to provide that the solicitor-general of said court shall be a full-time position; to change certain provisions regarding the compensation of the solicitor-general; and for other purposes.
HB 1841. By Representative Channell of the 111th:
A BILL to provide a homestead exemption from Greene County school district ad valorem taxes for educational purposes in the amount of $8,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over; and for other purposes.
HB 1842. By Representatives Ehrhart of the 36th, Hines of the 38th, Franklin of the 39th, Parsons of the 40th, Wiles of the 34th 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 compensation of the tax commissioner, chief clerk to the tax commissioner, executive secretary to the tax commissioner, and administrative specialist in the office of the tax commissioner; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority, the following bills of the House:
HB 1816. By Representative Holland of the 157th:
A BILL to create the State Court of Turner County; and for other purposes.
HB 1830. By Representative Twiggs of the 8th:
A BILL to amend an Act reincorporating the City of Dillard, so as to change the corporate limits of said city; and for other purposes.
4392
JOURNAL OF THE HOUSE
HB 1832. By Representative Holland of the 157th:
A BILL to amend an Act entitled "An Act to provide a new charter for the City of Ashburn," so as to provide for the terms of office of the mayor and councilpersons; and for other purposes.
HB 1833. By Representative Holland of the 157th:
A BILL to amend an Act entitled "An Act to establish a City Court in the City of Sylvester, County of Worth," such court now known as the State Court of Worth County, so as to provide for jurisdiction of such court; and for other purposes.
HB 1837. By Representatives Mangham of the 75th, Drenner of the 66th, Sailor of the 71st, Watson of the 70th, Teper of the 61st 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 add a judge to said court; to provide for the appointment, election, and term of office of the additional judge and successors to the judge; and for other purposes.
The Senate insists on its substitute to the following bill of the House:
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 Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
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
FRIDAY, APRIL 12, 2002
4393
Department of Technical and Adult Education in certain circumstances; and for other purposes.
The Senate insists on its substitutes to the following bills of the House:
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.
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 Senate has agreed to the House substitutes to the following Bills and Resolution of the Senate:
SB 119. By Senators Walker of the 22nd and Hill of the 4th:
A BILL to be entitled an Act to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to provide for the licensing of mental health therapists and associate mental health therapists; to change the provisions relating to the short title, legislative purpose, and definitions; to change the provisions relating to the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, and standards committees thereof; to change the provisions prohibiting the unlicensed practice of specialties and the use of certain titles and change the exceptions to such prohibitions; to repeal conflicting laws; and for other purposes.
SB 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.
4394
JOURNAL OF THE HOUSE
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.
Representative Smith of the 169th arose to a point of personal privilege and addressed the House.
Representative Brown of the 130th arose to a point of personal privilege and addressed the House.
Representative Smith of the 19th 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 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.
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.
FRIDAY, APRIL 12, 2002
4395
Under the general order of business, established by the Committee on Rules, the following Resolutions of the House were taken up for consideration and read the third time:
HR 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.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
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.
The following amendment was read and adopted:
Representative Henson of the 65th et al. move to amend HR 1328 by adding after the semicolon on line 1 of page 1 the following:
"creating the House Study Committee on Access to Prescription Medication;" By inserting between lines 2 and 3 of page 1 the following:
"PART I". By adding after line 4 of page 2 the following:
"PART II WHEREAS, quality health care is especially important to the Medicaid population which includes the low-income, the frail elderly, and racial and ethnic minorities; and
4396
JOURNAL OF THE HOUSE
WHEREAS, prior authorization and coverage limitations may often impose delays in the receipt of medically necessary care and may confuse or burden patients and their families about the necessity of prescribed care; and
WHEREAS, programs such as disease state management can improve patient outcomes and quality of life which potentially reduce overall costs by ensuring patients have the right medicines, rather than focusing only on drug costs; and
WHEREAS, the costs of prescription drugs in Georgia continue to increase exponentially and a significant percentage of costs are absorbed by the federal government through matching dollars and mandated manufacturer rebates; and
WHEREAS, prescription drugs often are a substitute for expensive, outmoded, or invasive medical treatments, such as hospitalization and surgery, and they offer a costeffective means of allowing patients to meet medical needs while preserving or recovering active, productive roles in their communities and families; and
WHEREAS, any pharmacy benefit program should make available any and all criteria utilized to make coverage decisions and ensure due process rights for coverage denials including prompt peer review.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on Access to Prescription Medication to be composed of five members of the House to be appointed by the Speaker of the House who shall designate a member as chairperson of the committee. The chairperson shall call all meetings of the committee and shall invite representatives from the Department of Community Health, the Medical Association of Georgia, the Georgia State Medical Association, the Georgia Hospital Association, the Georgia Pharmacy Association, the Pharmaceutical Research and Manufacturers of America, and other related health care professional associations, pharmaceutical manufacturers, and other interested parties to attend and give testimony.
BE IT FURTHER RESOLVED that the committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution including, without limitation, a study of the issues contributing to the access to prescription medications, the efficacy and safety of step therapy and prior authorization, ensuring continuity of care, the increasing cost of prescription drugs, the availability of criteria used by pharmacy benefit programs to deny coverage, and due process rights for coverage denials to ensure prompt peer review. The legislative members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the
FRIDAY, APRIL 12, 2002
4397
provisions of this resolution shall come from the funds appropriated by the House. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2002. The committee shall stand abolished on December 31, 2002."
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, 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
Ashe 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 Y Buckner Y Bulloch Bunn Y Burkhalter Y Burmeister Y Byrd Callaway Campbell Y Cash Channell Y Childers Y Coan Y Coleman, B Coleman, T Collins Y Connell Y Cooper
Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett Y Floyd
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 E Henson Y Hines Y Holland Y Holmes
Houston Howard
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin
Jackson, B Jackson, L James Y Jamieson Jenkins Y Jennings Y Johnson Y Jordan Joyce Y Kaye Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Mangham Manning Y Massey E McBee Y McCall Y McClinton McKinney Y Millar Y Mills Mobley Y Morris Y Mosley
Y Mueller Y Muntean Y O'Neal Y Orrock
Parham Y Parrish
Parsons E Pelote Y Pinholster Y Poag
Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reece Y Reed Y Reichert Y Rice
Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Skipper
Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T E Smith, V
Smyre Y Snelling
Snow Squires Y Stallings Stanley Stanley-Turner Y Stephens Y Stokes Y Taylor Teague Y Teper Y Tillman Turnquest Y Twiggs Y Unterman Y Walker, L Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard E Williams, J Y Williams, R Y Wix Y Yates Murphy, Speaker
4398
JOURNAL OF THE HOUSE
On the adoption of the Resolutions, the ayes were 128, nays 0. The Resolutions, having received the requisite constitutional majority, were adopted.
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.
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 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 N Brown Y Buck Y Buckner Y Bulloch N Bunn N Burkhalter N Burmeister Y Byrd
Callaway N Campbell N Cash Y Channell Y Childers
N Cox Y Crawford Y Cummings N Davis Y Day
Dean Y Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner
Dukes N Ehrhart Y Epps N Everett Y Floyd N Forster N Franklin Y Gardner
Golick N Grasse N Graves Y Greene N Hammontree Y Hanner N Harbin Y Harrell Y Heard
Heckstall N Hembree
N Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin N Jackson, B
Jackson, L James Y Jamieson Jenkins Y Jennings Y Johnson Y Jordan Joyce N Kaye N Keen N Knox Y Lane Lanier N Lewis Y Lord Lucas Y Lunsford Y Maddox Mangham N Manning N Massey E McBee Y McCall Y McClinton
N Mueller N Muntean Y O'Neal Y Orrock Y Parham Y Parrish N 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 N Rice N Richardson N Roberts, D
Roberts, L Y Rogers Y Royal
Sailor N Sanders N Scheid Y Scott Y Seay
N Smith, B Y Smith, C N Smith, C.W N Smith, L Y Smith, P Y Smith, T E Smith, V
Smyre N Snelling Y Snow E Squires Y Stallings
Stanley Stanley-Turner N Stephens Y Stokes Y Taylor Teague Y Teper Y Tillman Y Turnquest Y Twiggs N Unterman Y Walker, L Walker, R.L Y Watson Y West N Westmoreland N Wiles Wilkinson
N Coan N Coleman, B Y Coleman, T
Collins Y Connell N Cooper
FRIDAY, APRIL 12, 2002
E Henson N Hines Y Holland Y Holmes Y Houston
Howard
McKinney Y Millar N Mills Y Mobley
Morris Y Mosley
Y Shanahan Shaw
Y Sholar Y Sims
Sinkfield Skipper
4399
Willard E Williams, J N Williams, R Y Wix N Yates
Murphy, Speaker
On the adoption of the Resolution, the ayes were 93, nays 51. The Resolution, having received the requisite constitutional majority, was adopted.
HR 975. By Representative Mobley of the 69th:
A RESOLUTION creating the House Study Committee for House Bill 851; and for other purposes.
The following amendment was read:
Representative Franklin of the 39th moves to amend HR 975 as follows: Page 1 at the end of line 6 add: "illegally".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Allen Y Amerson N Anderson N Ashe Y Bannister Y Barnard Y Barnes Y 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 Crawford
N Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix N Dodson N Drenner
Dukes Y Ehrhart N Epps Y Everett N Floyd
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 Y Jamieson
Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier
N Mueller Y Muntean Y O'Neal N Orrock N Parham N Parrish Y Parsons E Pelote Y Pinholster Y Poag Y Porter N Powell N Purcell N Ragas N Randall Y Ray N Reece Y Reed N Reichert
Y Smith, B N Smith, C Y Smith, C.W Y Smith, L N Smith, P Y Smith, T E Smith, V N Smyre Y Snelling Y Snow E Squires
Stallings Stanley N Stanley-Turner Y Stephens N Stokes N Taylor E Teague N Teper
4400
Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash
Channell N Childers Y Coan Y Coleman, B Y Coleman, T N Collins N Connell Y Cooper
JOURNAL OF THE HOUSE
Y Golick Y Grasse Y Graves N Greene Y Hammontree N Hanner Y Harbin Y Harrell N Heard
Heckstall Y Hembree N Henson Y Hines Y Holland N Holmes
Houston Howard
Y Lewis Lord
N Lucas Lunsford
N Maddox Mangham
Y Manning Y Massey E McBee Y McCall N McClinton
McKinney Y Millar Y Mills N Mobley
Morris Y Mosley
Y Rice Y Richardson Y Roberts, D
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 87, nays 65. The amendment was adopted.
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 E Williams, J Y Williams, R
Wix Y Yates
Murphy, Speaker
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 report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:
Y Allen N Amerson Y Anderson Y Ashe Y Bannister N Barnard
Barnes Y Bell Y Benfield Y Birdsong N Black Y Boggs Y Bordeaux Y Borders N Bridges Y Brooks Y Broome
N Cox Crawford
N Cummings N Davis Y Day
Dean Y Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner
Dukes N Ehrhart Y Epps Y Everett Y Floyd
Forster
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley N Irvin N Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins N Jennings Y Johnson Y Jordan N Joyce N Kaye N Keen N Knox
N Mueller N Muntean N O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote Y Pinholster N Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece
N Smith, B Y Smith, C N Smith, C.W Y Smith, L N Smith, P Y Smith, T E Smith, V Y Smyre N Snelling Y Snow E Squires
Stallings Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Y Brown Y Buck Y Buckner Y Bulloch N Bunn Y Burkhalter N Burmeister N Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers N Coan N Coleman, B Y Coleman, T Y Collins Y Connell N Cooper
FRIDAY, APRIL 12, 2002
N Franklin Y Gardner Y Golick N Grasse Y Graves Y Greene N Hammontree
Hanner Y Harbin Y Harrell Y Heard
Heckstall N Hembree Y Henson N Hines Y Holland Y Holmes
Houston Howard
Y Lane Y Lanier N Lewis Y Lord Y Lucas
Lunsford Y Maddox
Mangham Y Manning N Massey E McBee Y McCall Y McClinton
McKinney N Millar Y Mills Y Mobley
Morris Y Mosley
Reed Y Reichert Y Rice N Richardson N Roberts, D
Roberts, L Y Rogers Y Royal
Sailor N Sanders Y Scheid Y Scott Y Seay Y Shanahan N Shaw Y Sholar Y Sims
Sinkfield Y Skipper
4401
E Teague Y Teper Y Tillman Y Turnquest Y Twiggs N Unterman Y Walker, L N Walker, R.L Y Watson
West Y Westmoreland N Wiles Y Wilkinson Y Willard E Williams, J N Williams, R
Wix N Yates
Murphy, Speaker
On the adoption of the Resolution, as amended, the ayes were 103, nays 46.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 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.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 1361
4402
JOURNAL OF THE HOUSE
The Committee of Conference on HB 1361 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1361 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Stephen P. Thompson Senator, 33rd District
/s/ Charles C. Smith, Jr. Representative, 175th District
/s/ Vincent D. Fort Senator, 39th District
/s/ Larry Parrish Representative, 144th District
/s/ Don Cheeks Senator, 23rd District
/s/ Tracy Stallings Representative, 100th District
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:
FRIDAY, APRIL 12, 2002
4403
(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, 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, as of noon ten business days prior to such consummation, (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
4404
JOURNAL OF THE HOUSE
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 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
FRIDAY, APRIL 12, 2002
4405
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 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, provided that the portion of any yield spread premium that is both disclosed to the borrower in writing and used to pay bona fide and reasonable fees to a person other than the creditor or an affiliate of the creditor for the following purposes is exempt from inclusion in points and fees: fees for tax payment services; fees for flood certification; fees for pest infestation and flood determination; appraisal fees; fees for inspection performed prior to closing; credit reports; surveys; attorneys fees, if the borrower has the right to 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 set forth in 12 C.F.R. 226.4(d)(2) are met; (C) Premiums or other charges for credit life, credit accident, credit health, credit personal property, or credit loss-of-income insurance, debt suspension coverage or debt cancellation coverage, whether or not such 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
4406
JOURNAL OF THE HOUSE
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; (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 (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; (ii) Bona fide and reasonable fees paid to a person other than the creditor or an affiliate of the creditor 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 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 12 C.F.R. 226.4(d)(2) are met. (14) 'Prime rate' means the 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 that may supersede it. (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 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
FRIDAY, APRIL 12, 2002
4407
(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 a home loan where the rate of interest charged may change during the term of the loan, pursuant to a rate that is calculated only by using an index that can change due to circumstances beyond the direct control of the creditor or servicer and adding a margin that may change.
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, debt suspension coverage or debt cancellation coverage, whether or not such 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; (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
4408
JOURNAL OF THE HOUSE
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 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;
FRIDAY, APRIL 12, 2002
4409
(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. No creditor, servicer, or its institution shall be required to contribute to the funding of any nonprofit organization that provides counseling required pursuant to this paragraph; (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 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 who makes a high-cost home loan and who has the legal right to foreclose shall provide notice of the intent to foreclose to the borrower in writing by
4410
JOURNAL OF THE HOUSE
certified mail, return receipt requested, to the address of the borrower last known to the creditor. Such notice shall be sent to the borrower at least 14 days prior to the publication of the legal advertisement required by Code Section 44-14-162; (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 Code section, 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 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;
FRIDAY, APRIL 12, 2002
4411
(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 documents that create a debt or pledge property as collateral shall contain the following notice on the first page in a conspicuous manner: '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 home 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
4412
JOURNAL OF THE HOUSE
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 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 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
FRIDAY, APRIL 12, 2002
4413
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 five 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. (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. (h) An action under this chapter may be brought within four years of the date of the last payment made or five 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
4414
JOURNAL OF THE HOUSE
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 or an insurer providing insurance through premiums financed by a creditor 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 or insurer providing insurance through premiums financed by a creditor establishes that either:
(1) Within 90 days of the loan closing and prior to receiving any notice from the borrower of the compliance failure, (A) the creditor or servicer has offered appropriate restitution to the borrower and appropriate adjustments are made to the loan or (B) to correct a compliance failure of paragraph (1) of Code Section 7-6A-3, an insurer providing insurance through premiums financed by a creditor may provide appropriate restitution to the borrower by returning premiums paid plus interest charged on the premiums to the borrower upon receipt of notice of the compliance failure; 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 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
FRIDAY, APRIL 12, 2002
4415
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.
Representative Walker of the 141st moved the previous question. The motion prevailed.
Representative Parrish of the 144th moved that the House adopt the report of the Committee of Conference on HB 1361.
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 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 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 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
Maddox Y Mangham Y Manning Y Massey E McBee Y McCall
Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote N 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 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 E 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
4416
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
Y McClinton 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
On the motion, the ayes were 165, nays 4. The motion prevailed.
Y Wilkinson Y Willard E Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
Representative Maddox of the 72nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following Bills of the House were taken up for the purpose of considering the Senate substitute or amendment thereto:
HB 410. By Representative Stokes of the 92nd:
A BILL to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to sentencing, so as to allow the trial judge to have continuing authority to modify a sentence for one year from when the sentence is imposed; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Title 17 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change certain time frames for certain actions; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
FRIDAY, APRIL 12, 2002
4417
SECTION 1. Title 17 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in Code Section 17-3-1, relating to limitation on prosecutions generally, by striking the Code section in its entirety and inserting in lieu thereof the following:
"17-3-1. (a) A prosecution for murder the following offenses may be commenced at any time:
(1) Murder or felony murder, as defined in Code Section 16-5-1; (2) Armed robbery, as defined in Code Section 16-8-41, provided that deoxyribonucleic acid (DNA) evidence establishes the identity of the person who allegedly committed the offense and at the time of the offense physical evidence is collected that is capable of being tested for its DNA characteristics and some of the evidence is successfully preserved for a later test upon request of the defendant. If DNA evidence does not establish the identity of the person who allegedly committed the offense, then armed robbery as defined in Code Section 16-8-41 shall be subject to the statute of limitations set forth in subsection (b); (3) Kidnapping, as defined in Code Section 16-5-40; (4) Rape, as defined in Code Section 16-6-1; (5) Aggravated child molestation, as defined in Code Section 16-6-4; (6) Aggravated sodomy, as defined in Code Section 16-6-2; or (7) Aggravated sexual battery, as defined in Code Section 16-6-22.2. (b) Prosecution for other crimes punishable by death or life imprisonment must be commenced within seven years after the commission of the crime; provided, however, that prosecution for the crime of forcible rape must be commenced within 15 years after the commission of the crime. (c) Prosecution for felonies other than those specified in subsections (a) and (b) of this Code section must be commenced within four years after the commission of the crime, provided that prosecution for felonies committed against victims who are at the time of the commission of the offense under the age of 14 18 years must be commenced within seven years after the commission of the crime. (d) Prosecution for misdemeanors must be commenced within two years after the commission of the crime."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Stokes of the 92nd moved that the House disagree to the Senate substitute to HB 410.
The motion prevailed.
4418
JOURNAL OF THE HOUSE
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.
The following Senate amendment was read:
Amend HB 997 by inserting after "Annotated;" on line 7 on page 1 "to change the forms of identification authorized to identify electors at the polls;" and by redesignating Sections 2 and 3 as Sections 3 and 4, respectively, and by inserting after line 3 on page 2 the following:
"SECTION 2. Said title is further amended by striking Code Section 21-2-417, relating to presentation of identification to poll workers, and inserting in lieu thereof a new Code Section 21-2417 to read as follows:
'21-2-417. (a) Each elector shall present proper identification to a poll worker at or prior to completion of a voters certificate at any polling place and prior to such persons admission to the enclosed space at such polling place. Proper identification shall consist of any one of the following:
(1) A valid Georgia drivers license; (2) A valid identification card containing a photograph of the elector and issued by a branch, department, agency, or entity of the State of Georgia, any other state, or the United States authorized by law to issue personal identification; (3) A valid United States passport; (4) A valid employee identification card containing a photograph of the elector and issued by any branch, department, agency, or entity of the United States government, this state, or any county, municipality, board, authority, or other entity of this state; (5) A valid employee identification card containing a photograph of the elector and issued by any employer of the elector in the ordinary course of such employers business; (6) A valid student identification card containing a photograph of the elector from any public or private college, university, or postgraduate technical or professional school located within the State of Georgia; or (7) A valid Georgia license to carry a pistol or revolver; (8) A valid pilots license issued by the Federal Aviation Administration or other authorized agency of the United States;
FRIDAY, APRIL 12, 2002
4419
(9)(7) A valid United States military identification card containing a photograph of the elector; (10) A certified copy of the electors birth certificate; (11) A valid social security card; (12) Certified naturalization documentation; or (13) A certified copy of court records showing adoption, name, or sex change. (b) If an elector is unable to produce any of the items of identification listed in subsection (a) of this Code section, he or she shall sign a statement under oath in a form approved by the Secretary of State, separate and distinct from the electors voter certificate, swearing or affirming that he or she is the person identified on the electors voter certificate. Such person shall be allowed to vote without undue delay. Falsely swearing or affirming such statement under oath shall be punishable as a felony, and the penalty shall be distinctly set forth on the face of the statement.'"
Representative Walker of the 141st moved that the House disagree to the Senate amendment to HB 997.
Representative Franklin of the 39th moved that the House agree to the Senate amendment to HB 997.
On the motion, the roll call was ordered and the vote was as follows:
N Allen Y Amerson N Anderson N Ashe
Bannister N Barnard N Barnes N Bell N 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 Y Burkhalter Y Burmeister N Byrd
Y Cox Crawford
N Cummings Y Davis N Day N Dean N Deloach, B Y Deloach, G Y Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps
Everett N Floyd Y Forster
Franklin N Gardner Y Golick N Grasse Y Graves N Greene Y Hammontree N Hanner
N 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 Mueller Y Muntean N O'Neal N Orrock N Parham N Parrish
Parsons E 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 N Richardson Y Roberts, D
Roberts, L N Rogers N Royal
Smith, B N Smith, C Y Smith, C.W
Smith, L N Smith, P N Smith, T E Smith, V N Smyre Y Snelling N Snow N Squires N Stallings 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
4420
Y Callaway Y Campbell Y Cash N Channell N Childers E Coan Y Coleman, B N Coleman, T
Collins N Connell Y Cooper
JOURNAL OF THE HOUSE
Y Harbin Harrell
N Heard Heckstall
Y Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard
Y Manning Y Massey E McBee N McCall N McClinton
McKinney Y Millar Y Mills N Mobley N Morris N Mosley
Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper
On the motion, the ayes were 55, nays 105. The motion was lost. The House has disagreed.
N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard E Williams, J N Williams, R N Wix Y Yates
Murphy, Speaker
The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:
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.
Representative Teper of the 61st moved that the House insist on its position in substituting SB 334.
The motion prevailed.
The following Bills and Resolution of the House were taken up for the purpose of considering the Senate substitutes or amendment thereto:
FRIDAY, APRIL 12, 2002
4421
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.
The following Senate 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:
4422
JOURNAL OF THE HOUSE
"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; provided, however, that road surface material for such maintenance shall be provided by the county in respect to county roads, by the municipality in respect to municipal streets, or the department in respect to state roads. 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 flush with the edge of a paved shoulder, whichever is greater, 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 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, not 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."
FRIDAY, APRIL 12, 2002
4423
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; (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 average daily traffic volume in proportion to the population of the municipality if the crossing is located within a municipality or the population of the county if the crossing is located within an unincorporated area of a county; (8) The posted speed limit over the crossing; (9) The effect of closing the crossing upon access by persons utilizing:
(A) Hospital or medical facilities and public health departments, specifically including without limitation utilization by medical personnel; (B) Facilities of federal, state, or local government, specifically including without limitation court, postal, library, sanitation, and park facilities; and (C) Commercial, industrial, and other areas of public commerce; (10) Any use of the crossing by: (A) Trucks carrying hazardous material; (B) Vehicles carrying passengers for hire; (C) School buses; (D) Emergency vehicles; or (E) Public or private utility vehicles, specifically including without limitation water, sewer, natural gas, and electric utility maintenance and repair vehicles; and (11) 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 by certified mail or statutory overnight delivery, return receipt requested, with the department in respect to the state highway
4424
JOURNAL OF THE HOUSE
system, a county governing authority in respect to its county road system, or a municipal governing authority 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 hearing 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 municipal governing authority 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 municipal governing authority 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.
(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
FRIDAY, APRIL 12, 2002
4425
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 flush with the edge of a paved shoulder, whichever is greater, 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 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
4426
JOURNAL OF THE HOUSE
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 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
FRIDAY, APRIL 12, 2002
4427
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 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 and adopted:
4428
JOURNAL OF THE HOUSE
Representative Channell of the 111th moves to amend the Senate substitute to HB 1382 by striking lines 23 through 25 of page 1 and inserting in lieu thereof the following:
"reasonable passage of public traffic. Such duty of".
By striking "not" on line 30 of page 2.
Representative Channell of the 111th moved that the House agree to the Senate substitute, as amended by the House, to HB 1382.
On the motion, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson Y Anderson
Ashe Y Bannister Y Barnard Y Barnes Y Bell Y 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 E Coan Y Coleman, B Y Coleman, T
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 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 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 Mills Y Mobley Y Morris Y Mosley
Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish
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
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
Smith, L Y Smith, P Y Smith, T E Smith, V 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 E Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
FRIDAY, APRIL 12, 2002
4429
On the motion, the ayes were 159, nays 0.
The motion prevailed.
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 following Senate amendment was read:
Amend HR 1222 by changing the first word on line 1 of page 1 to lower case and inserting immediately preceding such word the following:
"Designating the Dr. Creflo A. Dollar Bridge;".
By inserting following the last line of the last page of such resolution the following:
"BE IT FURTHER RESOLVED that the bridge located at Old National Highway and I285 in Fulton County is designated the Dr. Creflo A. Dollar Bridge and that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating said bridge."
Representative Smith of the 103rd moved that the House disagree to the Senate amendment to HR 1222.
The motion prevailed.
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
4430
JOURNAL OF THE HOUSE
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 Senate substitute was read:
A BILL
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to 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 provide a short title; 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; 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 licensing and regulation of veterinary technicians; to provide for standards, registration, inspection, enforcement, and practices and procedures with respect to veterinary facilities; 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.
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,
FRIDAY, APRIL 12, 2002
4431
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 of veterinary medicine. (7) 'Emergency' means an animal has been placed in a life-threatening condition and immediate treatment is necessary to sustain life. (8) 'Immediate supervision' means the licensed veterinarian is in audible and visual range of the animal patient and the person treating the animal. (9) '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) 'Licensed veterinarian' means a person who is validly and currently licensed to practice veterinary medicine in this state. (10) 'Licensed veterinarian' means a veterinarian, Doctor of Veterinary Medicine, D.V.M., V.M.D., or equivalently titled person who has received a doctors degree from an accredited or approved college of veterinary medicine or holds an ECFVG certificate or its equivalent issued by the American Veterinary Medical Association,
4432
JOURNAL OF THE HOUSE
as determined by board rule, and is validly and currently licensed to practice veterinary medicine in this state. (4)(11) '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)(12) 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, or dispensing of any prescription drug, medicine, biologic, apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique on, for, or to any animal, including but not limited to acupuncture, animal dentistry, homeopathy, or manual or mechanical adjustment procedures, administration of rabies vaccine, botanical medicine, physical therapy, surgery, diagnostic veterinary pathology, implantation of microchips or similar devices, any manual, mechanical, biological, or chemical procedure used testing for pregnancy testing, or for correcting sterility or infertility, or to render advice or recommendations with regard to any of the above;
(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 or qualified to do any perform an act described in subparagraphs (A) and (B) of included in this paragraph, except where such person is a veterinarian. Such use shall be prima-facie evidence of the intention to represent oneself as engaged in the practice of veterinary medicine; (E) To apply principles of environmental sanitation, food inspection, environmental pollution control, zoonotic disease control, and disaster medicine in the promotion and protection of public health as it specifically relates to animals;
FRIDAY, APRIL 12, 2002
4433
(F) To collect blood or other samples for the purpose of diagnosing diseases or related conditions. This subparagraph shall not apply to unlicensed professionals employed by or under contract to the United States Department of Agriculture or the Georgia Department of Agriculture who are engaged in their official duties; and (G) To administer a rabies vaccination to any animal that the state requires to be vaccinated. (13) '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 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. (14) 'Registered veterinary technician' means a graduate of an AVMA accredited program in veterinary technology or a person so recognized by the board in rules and regulations promulgated to regulate veterinary technicians that is validly and currently registered to practice veterinary technology in this state. (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)(15) 'Veterinarian' means a person who has received a doctors degree in veterinary medicine from a college or school of veterinary medicine. (16) 'Veterinarian-client-patient relationship' means that: (A) The licensed veterinarian or his or her licensed designee 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 has recently seen and 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) A licensed veterinarian is readily available for follow up in the case of adverse reactions or failure of the regimen of therapy. (17) 'Veterinary facility' means any premises where the practice of veterinary medicine occurs including, but not limited to, veterinary hospitals, clinics, mobile clinics, or any other premises where a licensed veterinarian practices veterinary medicine. This provision does not include the clients private property where the licensed veterinarian treats the clients animals. (8)(18) 'Veterinary medicine' includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of veterinary medicine.
4434
JOURNAL OF THE HOUSE
(19) 'Veterinary technology' means the science and art of providing all aspects of professional medical care and treatment for animals with the exception of making a diagnosis or prognosis, performing surgery, and the administration of rabies vaccine to animals legally required to be vaccinated by the state, and the 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 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 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, 2007; 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. (c) No person may serve on the board who is, or was during the two years preceding his 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.
FRIDAY, APRIL 12, 2002
4435
(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 veterinary technology in this state; (2) Issue, renew, refuse to renew, deny, suspend, or revoke licenses to practice veterinary medicine and 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; (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. (a) 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. (b) A licensed veterinarian may practice veterinary medicine as an employee of a corporation, partnership, or other business organization only so long as the articles of incorporation, partnership, or business organization documents clearly state that the licensed veterinarian is not subject to the direction of anyone not licensed to practice veterinary medicine in Georgia in making veterinary medical decisions or judgments.
4436
JOURNAL OF THE HOUSE
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 senior year if he meets the other qualifications but shall not be issued a license unless and until he 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.
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 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. 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 complies with this article, including biennial renewal of the license.
43-50-26. (a) All licenses shall be renewable biennially.
FRIDAY, APRIL 12, 2002
4437
(b) Any person who shall practice veterinary medicine after the expiration of his 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 education as a condition of license renewal. The amount of continuing education required by the board under this paragraph shall not exceed be less than 30 hours and shall be established by board rule. (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 with the number of hours being established by board rule. (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
4438
JOURNAL OF THE HOUSE
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 applicant's qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he or she so desires; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of veterinary medicine or on any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice veterinary medicine or veterinary technology; or made a false statement or deceptive biennial 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, 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 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 by any lawful licensing veterinary medical authority other than the board; or was denied a license by any lawful licensing veterinary medical authority other than the board, pursuant to
FRIDAY, APRIL 12, 2002
4439
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 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
4440
JOURNAL OF THE HOUSE
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 or registration to practice veterinary medicine or veterinary technology 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 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 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 or registration revoked under the terms of this Code section may be reinstated only upon an applicant's 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 over prescribed 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 licensed veterinarian or any licensed 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.; or (14) Used, prescribed, or sold any veterinary prescription drug or prescribed an extralable use of any over-the-counter drug in the absence of a valid veterinarianclient-patient relationship.
FRIDAY, APRIL 12, 2002
4441
(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; (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 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 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
4442
JOURNAL OF THE HOUSE
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 or applicant and the legal counsel of that licensee or applicant. (i) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting or investigating the acts or omissions of a licensee or applicant which violate the provisions of subsection (a) of this Code section or any other provision of law relating to a licensees, registrants, or applicants fitness to practice as a veterinarian 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, registrants, or applicants fitness to practice as a licensed veterinarian shall be immune from civil and criminal liability for so testifying. (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 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 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
FRIDAY, APRIL 12, 2002
4443
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:
(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 issued, 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 registration to any qualified applicant associated with one of this
4444
JOURNAL OF THE HOUSE
state's institutions of higher learning and involved in the instructional program of either undergraduate or graduate veterinary medical students, subject to the following conditions:
(1) That the holder of the veterinary faculty license or veterinary technology faculty registration 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 registration is valid only for the practice of veterinary medicine or veterinary technology as a faculty member of the institution; (3) That the license or registration issued under this Code section may be revoked or suspended or the licensee or registrant may be otherwise disciplined in accordance with Code Section 43-50-27; and (4) That the license or registration issued under this Code section may be canceled by the board upon receipt of information that the holder of the veterinary faculty license has left or has otherwise been discontinued from faculty employment at an institution of higher learning of this state.
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 or any contractual partner thereof performing his or her duties, or any employee 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; (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 A person, compensated or otherwise, from performing acceptable livestock management practices. Acceptable livestock management practices shall include, but not be limited to, castration of food animals, dehorning without the use of prescription drugs or surgical closure of wounds, hoof trimming or shoeing, docking, ear notching, removing needle teeth, testing for pregnancy, implantation of over-the-counter growth implants, implantation of over-the-counter identification devices, artificial insemination, the use of federally
FRIDAY, APRIL 12, 2002
4445
approved over-the-counter products, branding, collecting of fluids for genetic identification and classification, semen collection and storage, and the use of ultrasound for collection of production data and similar nondiagnostic purposes; (4) A person assisting with an uncomplicated fetal delivery in a food animal provided that no fee is charged; (4)(5) 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 and independent of the attending veterinary licensee is not exempt from this states licensing requirements; (5)(6) 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)(7) The owner of an animal, and the owners full-time regular employee, or the owners friend or relative, provided no fee is charged, 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)(8) 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 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 college of veterinary medicine performing his or her regular nonclinical functions or a person lecturing or giving instructions or demonstrations at an accredited college or school of veterinary medicine or school of veterinary technology in connection with a continuing education course or seminar; (8)(9) Any person selling or applying any pesticide, insecticide, or herbicide;
4446
JOURNAL OF THE HOUSE
(9)(10) Any person engaging in bona fide scientific research which reasonably requires experimentation involving animals; (10)(11) Any person performing artificial insemination; or nonsurgical transfer of embryos; or (11)(12) An employee of a licensed veterinarian administering prescribed care to an animal under the direct appropriate supervision of the veterinarian; (13) 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 board rule performing duties or actions under the direct supervision of a licensed veterinarian; (14) 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 or for the purpose of cryopreserving such embryo, or to implant such embryo in an animal so long as the use of prescription medications in these animals is maintained under the direction of a licensed veterinarian with a valid veterinarian-client-patient relationship; (15) 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; or (16) A person performing animal massage, provided such person holds a current license to perform massage from a state, territory, or other jurisdiction of the United States or holds a certificate from the National Certification Board for Therapeutic Massage and Bodywork or such other national certifying body which may be approved by the board; provided, further, that, if such animal massage is medically therapeutic, it shall be performed as part of a valid veterinary-client-patientrelationship.
43-50-33. (a) Any person who practices veterinary medicine without a valid license shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50.00 nor more than $500.00 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. Any person, firm, partnership, corporation, or other entity that practices veterinary medicine in this state without obtaining a license to practice from the board shall be guilty of a misdemeanor upon conviction for the first such offense, a high and aggravated misdemeanor upon conviction for the second such offense, and a felony upon conviction for the third or subsequent such offense. Any person convicted of a felony under this subsection shall be punished by a fine of not less than $500.00 nor more than $1,000.00 or by imprisonment for not less than one year nor more than five years, or both. (b) No person who shall practice veterinary medicine without a valid license may receive any compensation for services so rendered.
FRIDAY, APRIL 12, 2002
4447
(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 from such unlawful acts. (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;
4448
JOURNAL OF THE HOUSE
(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. (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. (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) 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. 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 a college level course in the care and treatment of animals from an institution accredited by the American Veterinary Medical Association; 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) 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. 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 state 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 registration renewed without examination and without meeting any requirements of paragraphs (1), (2), and (3) of subsection (b) of this Code section. (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
FRIDAY, APRIL 12, 2002
4449
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.
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 applicants 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. It shall be the duty of the board to approve study materials that may be used to assist such persons in preparing for such examination. (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
4450
JOURNAL OF THE HOUSE
that 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 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 licensed veterinarian or corporation under whom the technician is employed; (3) Wilfully or negligently divulges a professional confidence or discusses a licensed veterinarians diagnosis or treatment without the express permission of the licensed veterinarian; or (4) Demonstrates a manifest incapability or incompetence to perform as a registered veterinary technician. (c) A veterinary technician may not be utilized in any manner which would be in violation of Article 2 of this chapter A registered veterinary technician may not be utilized in any manner which would be in violation of Article 2 of this chapter. (d) A veterinary technician shall not be utilized to perform the duties of a pharmacist licensed under Chapter 4 of Title 26 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 licensed veterinarian or combination of part-time licensed veterinarians equaling a full-time position actively practicing at that location.
43-50-56. A 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.
FRIDAY, APRIL 12, 2002
4451
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.
43-50-58. This article shall not be construed to prohibit an employee of the federal, state, or local government or any contractual partner thereof, 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.
ARTICLE 4
43-50-70. (a) Any veterinary facility shall be required to register with the board. Any person who owns or operates any veterinary facility shall apply for and secure a facility permit from the board prior to the commencement of any services that would subject the provider of those services to licensing under this chapter. (b) Each application for a facility permit shall set forth the name and address of the licensed veterinarian in charge of the facility, who shall be responsible for the provision of veterinary medical services at the facility, and the name and address of the owner of the facility. No facility shall be permitted to operate unless it has a licensed veterinarian in charge of the facility. The owner or licensed veterinarian in charge of a facility shall notify the board in writing of any change of ownership or legal responsibility for the facility. (c) Prior to the issuance of a facility permit, the board shall require the applicant facility to submit a self-inspection form approved by the board. The board shall promulgate rules and regulations which establish minimum standards for veterinary facilities including sanitary conditions, record-keeping practices and procedures, equipment, radiation monitoring, and physical plant. In lieu of a self-inspection form, the board may issue a facility permit upon receipt of proof that the facility has been inspected and accredited by an organization recognized by the board, the standards of which are found by the board to meet or exceed the minimum standards established by the board. (d) Upon complaint or on a periodic basis the board shall be authorized to make, or cause to be made through licensed veterinarians that are employees or agents of the board, such inspections of veterinary facilities as the board deems necessary to ensure compliance with the minimum standards established by the board. (e) All facility permits shall be renewed biennially. Any facility permit that is not renewed within 90 days of the expiration of the permit shall be revoked by operation of law. A revoked facility permit may be reinstated at the discretion of the board.
4452
JOURNAL OF THE HOUSE
(f) The board shall have the authority to sanction a facility permit based on any ground or violation enumerated in Code Section 43-50-27 or as a result of violations of rules and regulations adopted by the board under subsection (c) of this Code section. The board shall have the authority to establish a fine schedule for violations of minimum standards of veterinary facilities. Such fines shall be listed in a schedule contained in the rules and regulations of the board. A fine should not be deemed a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; however, the owner or licensed veterinarian in charge of the facility shall be entitled to a personal appearance before the board.
43-50-71. This article shall not apply to any facility owned by the federal, state, or local government, a public or private college or university, or a zoological park that is accredited by a nationally recognized accrediting agency as determined by the board.
ARTICLE 5
43-50-90. Any licensed veterinarian or registered veterinary technician duly 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 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, except the provisions of Code Sections 43-50-70 and 43-50-71, which shall become effective only upon the express and specific appropriation of funds by the General Assembly to carry out the purposes of such Code sections. 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.
Representative James of the 140th moved that the House disagree to the Senate substitute to HB 719.
The motion prevailed.
HB 1213. By Representatives Holmes of the 53rd, Hudson of the 120th and DeLoach of the 172nd:
FRIDAY, APRIL 12, 2002
4453
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.
The following Senate substitute was read:
A BILL
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to 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 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 change the forms of identification authorized to identify electors at the polls; 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 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; to amend Code Section 21-5-34.1 of the Official Code of Georgia Annotated, relating to filing campaign contribution disclosure reports electronically, so as to delay the effective date of electronic filing of reports relative to candidates for county and municipal offices; 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
4454
JOURNAL OF THE HOUSE
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 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. 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:
"(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; (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;
FRIDAY, APRIL 12, 2002
4455
(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 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."
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; (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 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 new subsections (a) and (g) to read as follows:
4456
JOURNAL OF THE HOUSE
"(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." "(g) Notwithstanding any provision of this chapter to the contrary, any member of the board of registrars who moves his or her residence to an adjoining county may continue serving the remainder of his or her term so long as the authority which originally appointed the member approves in writing of the continued service. If the appointing authority does not so approve, the members service on the board shall cease when the member moves his or her residence outside the county."
SECTION 6. 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 7. 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 8. 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 as follows:
FRIDAY, APRIL 12, 2002
4457
"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.
4458
JOURNAL OF THE HOUSE
(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 9. 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 during the time of the primary or election he or she desires to vote in; (2) Will perform any of the official acts or duties set forth in this chapter in connection with the primary or election he or she desires to vote in; (3) Because of physical disability or because of being required to give constant care to someone who is physically disabled, will be unable to be present at the polls on the day of such primary or election; (4) Because the election or primary falls upon a religious holiday observed by such elector, will be unable to be present at the polls on the day of such primary or election; (5) Is required to remain on duty in his or her place of employment for the protection of the health, life, or safety of the public during the entire time the polls are open when such place of employment is within the precinct in which the voter resides; or (6) Is 75 years of age or older; or (7) Has a limited proficiency in reading the English language but is proficient in reading and speaking another language."
FRIDAY, APRIL 12, 2002
4459
SECTION 10. 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 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 physically attached to a publication when such publication is distributed by any person, entity, or organization which advocates for or against a particular candidate, issue, or political party or body."
SECTION 11. 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 recording electronic (DRE) voting systems may be used for casting absentee ballots in person at a registrars office or in accordance with Code Section 21-2-382 providing for additional sites. 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 12. Said chapter is further amended by striking paragraph (1) of subsection (a) and striking subsection (e) of Code Section 21-2-386, relating to safekeeping, certification, and
4460
JOURNAL OF THE HOUSE
validation of absentee ballots, and inserting in lieu thereof a new paragraph (1) and a new subsection (e) to read as follows:
"(a)(1) The board of registrars or absentee ballot clerk shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election except as otherwise provided in this subsection. Upon receipt of each ballot, a registrar or clerk shall write the day and hour of the receipt of the ballot on its envelope. The registrar or clerk shall then compare the identifying information on the oath with the information on file in his or her office, shall compare the signature or mark on the oath with the signature or mark on the absentee electors application for absentee ballot or a facsimile of said signature or mark taken from said application, and shall, if the information and signature appear to be valid, so certify by signing or initialing his or her name below the voters oath. Each electors name so certified shall be listed by the registrar or clerk on the numbered list of absentee voters prepared for his or her precinct. If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not conform with that on file in the registrars or clerks office, or if the elector is otherwise found disqualified to vote, the registrar or clerk shall write across the face of the envelope 'Rejected,' giving the reason therefor. The board of registrars or 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." "(e) If an absentee electors right to vote has been challenged for cause, a poll officer shall open the envelopes and write 'Challenged,' the electors name, and the alleged cause of challenge on the back of the ballot, without disclosing the markings on the face thereof, and shall deposit the ballot in the box; and it shall be counted as other challenged ballots are counted. In the case of absentee votes cast on direct recording electronic (DRE) voting systems, the ballots shall be coded in such a way that the
FRIDAY, APRIL 12, 2002
4461
ballot of a challenged voter can be separated from other valid ballots at the time of tabulation and the ballots shall be counted or rejected in accordance with Code Section 21-2-230. The board of registrars or absentee ballot clerk shall promptly notify the elector of such challenge."
SECTION 13. 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 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 14. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, is amended by striking Code Section 21-2-417, relating to presentation of identification to poll workers, and inserting in lieu thereof a new Code Section 21-2-417 to read as follows:
"21-2-417. (a) Each elector shall present proper identification to a poll worker at or prior to completion of a voters certificate at any polling place and prior to such persons admission to the enclosed space at such polling place. Proper identification shall consist of any one of the following:
(1) A valid Georgia drivers license; (2) A valid identification card containing a photograph of the elector and issued by a branch, department, agency, or entity of the State of Georgia, any other state, or the United States authorized by law to issue personal identification; (3) A valid United States passport;
4462
JOURNAL OF THE HOUSE
(4) A valid employee identification card containing a photograph of the elector and issued by any branch, department, agency, or entity of the United States government, this state, or any county, municipality, board, authority, or other entity of this state; (5) A valid employee identification card containing a photograph of the elector and issued by any employer of the elector in the ordinary course of such employers business; (6) A valid student identification card containing a photograph of the elector from any public or private college, university, or postgraduate technical or professional school located within the State of Georgia; or (7) A valid Georgia license to carry a pistol or revolver; (8) A valid pilots license issued by the Federal Aviation Administration or other authorized agency of the United States; (9) (7) A valid United States military identification card containing a photograph of the elector; (10) A certified copy of the electors birth certificate; (11) A valid social security card; (12) Certified naturalization documentation; or (13) A certified copy of court records showing adoption, name, or sex change. (b) If an elector is unable to produce any of the items of identification listed in subsection (a) of this Code section, he or she shall sign a statement under oath in a form approved by the Secretary of State, separate and distinct from the electors voter certificate, swearing or affirming that he or she is the person identified on the electors voter certificate. Such person shall be allowed to vote without undue delay. Falsely swearing or affirming such statement under oath shall be punishable as a felony, and the penalty shall be distinctly set forth on the face of the statement.."
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,
FRIDAY, APRIL 12, 2002
4463
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 unanimous vote of all members of the panel 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 so intended."
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:
"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."
4464
JOURNAL OF THE HOUSE
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."
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;
FRIDAY, APRIL 12, 2002
4465
(ii) The third Tuesday in June; (iii) The date of the general primary; or (iv) The Tuesday after the first Monday in November."
SECTION 18A. 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 19.
Code Section 21-5-34.1 of the Official Code of Georgia Annotated, relating to filing campaign contribution disclosure reports electronically, is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Beginning January 1, 2003 2005, candidates seeking election to county or municipal offices shall use electronic means to file their campaign contribution disclosure reports with the election superintendent of their county or the municipal clerk or chief executive officer of their municipality, as specified in Code Section 21-534, upon having raised or spent a minimum of $10,000.00 in an election cycle, but contributions and expenditures received or made prior to reaching such threshold need not be electronically filed if previously reported, except as cumulative totals. Under that threshold, electronic filing is permitted and encouraged but not required."
4466
JOURNAL OF THE HOUSE
SECTION 20. (a) Section 18A of this Act shall become effective on July 1, 2002. (b) All other sections of this Act shall become effective upon approval of this Act 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.
Representative Holmes of the 53rd moved that the House disagree to the Senate substitute to HB 1213.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
HB 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.
Representative Morris of the 155th moved that the House insist on its position in disagreeing to the Senate amendment to HB 1174 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 Morris of the 155th, Lane of the 146th and Hanner of the 159th.
FRIDAY, APRIL 12, 2002
4467
The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:
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 Senate amendment was read:
Amend HB 1389 by inserting after "decals;" on line 9 of page 1 the following:
"to change certain provisions relating to issuance of license plates, payment and disposition of fees, and compensation of tag agents;".
By inserting between Sections 6 and 7 the following:
"SECTION 6A. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 40-2-33, relating to issuance of license plates, payment and disposition of fees, and compensation of tag agents, and inserting in lieu thereof the following:
'(2) Reserved The commissioner may provide for the issuance of a temporary license plate for any low-speed vehicle, to be displayed until such time as a license plate of the design required by Code Section 40-2-31 has been issued to the registrant as a replacement for such temporary license plate; provided, however, that any such temporary license plate shall designate the low-speed vehicle as such; and provided, further, that the commissioner shall make available for issuance low-speed vehicle license plates of the design required by Code Section 40-2-31 not later than September 1, 2002.'".
By striking line 23 of page 7 and inserting in lieu thereof the following:
"This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.".
4468
JOURNAL OF THE HOUSE
Representative Powell of the 23rd moved that the House disagree to the Senate amendment to HB 1389.
The motion prevailed.
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 following Senate amendment was read:
Amend HB 1445 by inserting "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 provide for additional rights and requirements;" between "Committee;" and "to" on line 3 of page 1.
By inserting between lines 5 and 6 of page 2 the following:
"SECTION 2A. Code Section 50-29-2 of the Official Code of Georgia Annotated, relating to the authority of public agencies that maintain geographic information systems, is amended by adding a new subsection (e) to read as follows: '(e) For purposes of this Code section, the State of Georgia shall be afforded the same opportunities and rights as counties and municipalities of the State of Georgia, regional development centers, or local authorities created by local or general law.'"
Representative Powell of the 23rd moved that the House disagree to the Senate amendment to HB 1445.
The motion prevailed.
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:
FRIDAY, APRIL 12, 2002
4469
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 Senate amendment was read:
Amend HB 1481 by striking "(3)," on line 10 of page 3.
Representative Snow of the 2nd moved that the House disagree to the Senate amendment to HB 1481.
The motion prevailed.
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 following Senate amendments were read:
Senate Amendment #1
Amend HR 1105 by striking the word "three" on lines 1, 2, and 4 on page 2 and inserting in its place the word "four".
By inserting on line 8 of page 1 after the word and symbol "counties," the following: "interior design,".
4470
JOURNAL OF THE HOUSE
Senate Amendment #2
Amend HR 1105 by striking line 8 on page 2 and inserting in lieu thereof the following:
"interests of architecture, engineering, energy efficiency, commercial building, residential building, organized construction labor, cities, counties, and".
Senate Amendment #3
Amend HR 1105 by adding on page 1 line 1 between "Committee;" and "and" the following: "Creating the Joint Study Committee on Jekyll Island;" and by adding on page 2 after line 25 the following:
"AND BE IT FURTHER RESOLVED that there is created the Joint Study Committee on Jekyll Island to be composed of six members, consisting of three members of the House of Representatives to be appointed by the Speaker of the House of Representatives and three members of the Senate to be appointed by the President of the Senate. The Speaker of the House of Representatives shall designate one of the two members of the House and the President of the Senate shall designate one of the two members of the Senate who shall serve as cochairpersons of the committee. The committee shall meet at the call of the cochairpersons.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems related to the future development of Jekyll Island. The committee may conduct such meetings as deemed necessary. The legislative members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the House of Representatives and Senate. Any report of the committee shall be made on or before December 31, 2002. The committee shall stand abolished on December 31, 2002."
The following amendment was read and adopted:
Representative Floyd of the 138th moves to amend the Senate amendments to HR 1105 by striking lines 4 and 5 of page 1 of the Senate amendment designated as AM 19 0674.
By adding after the word and symbol "counties," on line 4 of page 1 of the Senate Finance and Public Utilities Committee amendment designated as AM 19 0661 the following:
FRIDAY, APRIL 12, 2002
4471
"interior design,".
By adding at the end of the Senate floor amendment by Senator Williams of the 6th District the following:
"By adding immediately preceding the symbol and words "; and for other purposes" on line 1 of page 1 the following:
'and the Joint Study Committee on Early Childhood Education'.
By adding between lines 1 and 2 of page 1 the following:
'Part I'".
By adding following the last line of the above-referenced Williams amendment the following:
"Part II WHEREAS, Georgians are concerned about the viability and strength of the early childhood education delivery system that is critical for working families and especially for the transition from welfare to work; and
WHEREAS, this system is an important source of over 30,000 jobs for young people; and
WHEREAS, recently published neurological and educational research shows the vital importance of proper development in the first four years of a childs life to future school success; and
WHEREAS, this system is the critical first element of the seamless, lifelong learning path that legislators are working toward; and
WHEREAS, coordination with this system is necessary for the smooth transition of young children into grade school; and
WHEREAS, no study in Georgia has ever been conducted to ensure that the state has a streamlined organization in place to promote and sustain such a system; and
WHEREAS, a need exists to explore the innovative programs other states have developed to nurture and promote growth and quality in their early childhood education delivery systems; and
WHEREAS, employers consider this system to be of paramount importance.
4472
JOURNAL OF THE HOUSE
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the Joint Study Committee on Early Childhood Education to be composed of 12 members as follows: three members appointed by the Speaker of the House of Representatives; three members appointed by the Lt. Governor; three members appointed by the Governor; and one representative from each of the following organizations: the Georgia Child Care Council, the Georgia Early Learning Initiative Board, and the Georgia Child Care Leadership Forum. The Governor shall designate a member of the committee as chairperson of the committee. The chairperson shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the importance of early childhood education in Georgias future and any and all issues related to its success. Such issues include the impact of this system on families, employers, welfare reform, pre-k programs, and the future education of children; funding concerns; general management and oversight issues related to creating the most efficient and effective model to manage and stimulate this system; and innovative programs from other states.
BE IT FURTHER RESOLVED that the committee shall undertake a comprehensive study of the conditions, needs, issues, and problems mentioned in this resolution or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. The allowances authorized by this resolution shall not be received by any member of the committee for more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 2002. The committee shall stand abolished on December 1, 2002.".
Representative Floyd of the 138th moved that the House agree to the Senate amendments, as amended by the House, to HR 1105.
On the motion, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson Y Anderson
Y Cox Y Crawford Y Cummings
Y Hudgens Y Hudson, N Y Hudson, S
Y Mueller Y Muntean Y O'Neal
Y Smith, B Y Smith, C Y Smith, C.W
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 Coleman, T
Collins Connell Y Cooper
FRIDAY, APRIL 12, 2002
Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Gardner
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
Howard
Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan N Joyce Y Kaye Y Keen Y Knox Y Lane
Lanier Y Lewis
Lord Y Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Massey E McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley
Morris Y Mosley
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
Roberts, L Y Rogers Y Royal
Sailor N Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw
Sholar Y Sims Y Sinkfield
Skipper
On the motion, the ayes were 147, nays 4. The motion prevailed.
4473
Smith, L Y Smith, P 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 E 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 E Williams, J Y Williams, R
Wix Y Yates
Murphy, Speaker
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 following Senate substitute was read:
4474
JOURNAL OF THE HOUSE
A BILL
To amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax; to provide authorization with certain conditions for certain counties and municipalities to levy such tax; to change certain provisions authorizing certain counties and municipalities to levy such tax under certain conditions; to provide for requirements and limitations with respect thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, is amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in their place new paragraphs (1) and (2) to read as follows:
"(a)(1)(A) The governing authority of each municipality in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. Within the territorial limits of the special district located within the county, each county in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating within the special district a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. The provisions of this Code section shall control over the provisions of any local ordinance or resolution to the contrary enacted pursuant to Code Section 48-13-53 and in effect prior to July 1, 1998. Any such ordinance shall not be deemed repealed by this Code section but shall be administered in conformity with this Code section.
(B)(i) The excise tax shall be imposed on any person or legal entity licensed by or required to pay a business or occupation tax to the governing authority imposing the tax for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are
FRIDAY, APRIL 12, 2002
4475
regularly furnished for value and shall apply to the furnishing for value of any room, lodging, or accommodation. Every person or entity subject to a tax levied as provided in this Code section shall, except as provided in this Code section, be liable for the tax at the applicable rate on the lodging charges actually collected or, if the amount of taxes collected from the hotel or motel guest is in excess of the total amount that should have been collected, the total amount actually collected must be remitted. (ii) Any tax levied as provided in this Code section is also imposed upon every person or entity who is a hotel or motel guest and who receives a room, lodging, or accommodation that is subject to the tax levied under this Code section. Every such guest subject to the tax levied under this Code section shall pay the tax to the person or entity providing the room, lodging, or accommodation. The tax shall be a debt of the person obtaining the room, lodging, or accommodation to the person or entity providing such room, lodging, or accommodation until it is paid and shall be recoverable at law by the person or entity providing such room, lodging, or accommodation in the same manner as authorized for the recovery of other debts. The person or entity collecting the tax from the hotel or motel guest shall remit the tax to the governing authority imposing the tax, and the tax remitted shall be a credit against the tax imposed by division (i) of this subparagraph on the person or entity providing the room, lodging, or accommodation. (C)(i) The tax authorized by this Code section shall not apply to charges made for any rooms, lodgings, or accommodations provided to any persons who certify that they are staying in such room, lodging, or accommodation as a result of the destruction of their home or residence by fire or other casualty. The tax authorized by this Code section shall apply to the fees or charges for any rooms, lodgings, or accommodations during the first ten days of continuous occupancy and shall not apply to charges imposed for any continuous occupancy thereafter. The tax authorized by this Code section shall not apply to charges made for the use of meeting rooms and other such facilities or to any rooms, lodgings, or accommodations provided without charge. (ii) The tax authorized by this Code section shall not apply to the charges for any rooms, lodgings, or accommodations furnished for a period of one or more days for use by Georgia state or local governmental officials or employees when traveling on official business. Notwithstanding the availability of any other means of identifying the person as a state or local government official or employee, whenever a person pays for any rooms, lodgings, or accommodations with a state or local government credit or debit card, such rooms, lodgings, or accommodations shall be deemed to have been furnished for use by a Georgia state or local government official or employee traveling on official business for purposes of the exemption provided by this division. (D) Except as provided in paragraphs (2.1), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), and (5.2) of this subsection,
4476
JOURNAL OF THE HOUSE
no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings. (2) A county or municipality levying a tax as provided in paragraph (1) of this subsection shall in each fiscal year beginning on or after July 1, 1987, expend for the purpose of promoting tourism, conventions, and trade shows a percentage of the total taxes collected under this Code section which is not less than the percentage of such tax collections expended for such purposes during the immediately preceding fiscal year. In addition, if during such immediately preceding fiscal year any portion of such tax receipts was expended for such purposes through a grant to or a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, then in each fiscal year beginning on or after July 1, 1987, at least the same percentage shall be expended through a contract or contracts with one or more such entities for the purpose of promoting tourism, conventions, and trade shows. The expenditure requirements of this paragraph shall cease to apply to a county or municipality which levies a tax at a rate in excess of 3 percent, as authorized under paragraphs (2.1), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), and (5.2) of this subsection; and in such case the expenditure requirements of such paragraph of this subsection pursuant to which such tax is levied shall apply instead."
SECTION 2. Said article is further amended in subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, by adding a new paragraph immediately following paragraph (2), to be designated paragraph (2.1), to read as follows:
"(2.1)(A) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) and municipalities within such a county in which county or municipality community auditorium or theater facilities owned and operated by a municipality have been renovated which renovations are completed substantially on or before July 1, 1995, and which county and municipalities have not previously levied a 6 percent tax under paragraph (4) of this subsection may levy a tax under this Code section at a rate of 5 percent.
(B) A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to the amount by which the total taxes collected under this Code section exceed the taxes which would be collected at a rate of 3 percent for the purpose of general recreation. Amounts so expended shall be expended only through a contract or contracts with a recreation authority created by local Act of the General Assembly."
SECTION 3. Said article is further amended by striking paragraph (6) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting
FRIDAY, APRIL 12, 2002
4477
in its place a new paragraph (6) to read as follows: "(6) At no time shall a county or municipality levy a tax under more than one paragraph of this subsection. Following the termination of a tax under paragraph (2.1), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2) of this subsection, any county or municipality which has levied a tax pursuant to paragraph (2.1), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2) of this subsection shall be authorized to levy a tax in the manner and at the rate authorized by either paragraph (1), paragraph (3), or paragraph (4) of this subsection but shall not thereafter be authorized to again levy a tax under paragraph (2.1), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2) of this subsection."
SECTION 4. Said article is further amended by striking paragraphs (9) and (10) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in their places new paragraphs (9) and (10) to read as follows:
"(9)(A) A county or municipality imposing a tax under paragraph (1), (2), (2.1), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2) of this subsection shall prior to the imposition of the tax (if the tax is imposed on or after July 1, 1990) and prior to each fiscal year thereafter in which the tax is imposed adopt a budget plan specifying how the expenditure requirements of this Code section will be met. Prior to the adoption of such budget plan, the county or municipality shall obtain from the authorized entity with which it proposes to contract to meet the expenditure requirements of this Code section a budget for expenditures to be made by such organization; and such budget shall be made a part of the county or municipal budget plan. (B) The determination as to whether a county or municipality has complied with the expenditure requirements of paragraph (2), (2.1), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2) of this subsection shall be made for each fiscal year beginning on or after July 1, 1987, as of the end of each fiscal year, shall be prominently reflected in the audit required under Code Section 36-81-7, and shall be determined by: (i) calculating the amount of funds expended or contractually committed for expenditure as provided in paragraph (2), (2.1), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2) of this subsection, whichever is applicable, during the fiscal year; and (ii) expressing such amount as a percentage of tax receipts under this Code section during such fiscal year. A county or municipality contractually expending funds to meet the expenditure requirements of paragraph (2), (2.1), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2) of this subsection shall require the contracting party to provide audit verification that the contracting party makes use of such funds in conformity with the requirements of this subsection.
4478
JOURNAL OF THE HOUSE
(10) Nothing in this article shall be construed to limit the power of a county or municipality to expend more than the required amounts, or all, of the total taxes collected under this Code section for the purposes described in paragraph (2), (2.1), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2) of this subsection."
SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Jamieson of the 22nd, Porter of the 143rd and Yates of the 106th move to amend the Senate substitute to HB 1519 as follows:
A BILL TO BE ENTITLED AN ACT
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 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 4A
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:
SECTION 4A.
"48-13-9.1. A civil action to enforce the limitation on regulatory fees set out in Code Section 48-13-9 may be filed after the exhaustion of administrative remedies. The prevailing party in such an action shall be awarded reasonable attorney's fees."
FRIDAY, APRIL 12, 2002
4479
SECTION 4B. Section 4A of this Act shall become effective on January 1, 2003.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Jamieson of the 22nd moved that the House agree to the Senate substitute, as amended by the House, to HB 1519.
On the motion, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes 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 Coleman, T Y Collins Y Connell Y Cooper
Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y 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 Y Holmes Y Houston
Howard
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins 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
Manning Massey E 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 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
Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T E 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 E Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
4480
JOURNAL OF THE HOUSE
On the motion, the ayes were 154, nays 0.
The motion prevailed.
HB 642. By Representatives Benfield of the 67th, Squires of the 78th, Allen of the 117th, Dix of the 76th, Ragas of the 64th and others:
A BILL to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for the comprehensive regulation of discovery and inspection in juvenile cases; to provide a short title; to provide for conditions, limitations, and procedures with respect thereto; and for other purposes.
The following 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 provide that the Department of Juvenile Justice shall provide for the cost of care and support of children in the temporary custody of the department; to provide for the regulation of discovery and inspection in juvenile cases; to provide for conditions, limitations, and procedures with respect thereto; to provide for applicability; to provide for disclosure of evidence and reciprocal discovery; to provide for exceptions; to provide for continuing duties to disclose; to provide for production of statements of witnesses; to provide for court orders with respect to failure to comply; to provide for other matters relative to the foregoing; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended in Code Section 15-11-8, relating to expenses charged to counties, by striking paragraph (2) of subsection (a) and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) The cost of care and support of a child temporarily placed in or committed by the court to the legal custody of an individual or a public or private agency other than the Department of Juvenile Justice, but the court may order supplemental payments, if
FRIDAY, APRIL 12, 2002
4481
such are necessary or desirable. The cost of care and support of a child temporarily placed in or committed to the legal custody of the Department of Juvenile Justice shall be provided by the Department of Juvenile Justice;".
SECTION 2. Said article is further amended by adding a new Part 4A following Part 4 to read as follows:
"Part 4A
15-11-43. (a) Request for discovery. In all cases in which a child is charged with having committed a delinquent act as defined in Code Section 15-11-2, other than a juvenile traffic offense, the child, his or her attorney, or his or her parent or guardian shall, upon written request to the person or entity having actual custody, control, or possession of the material to be produced, have full access to the following for inspection, copying, or photographing:
(1) A copy of the complaint; (2) A copy of the petition; (3) The names and last known addresses and telephone numbers of each witness to the occurrence which forms the basis of the charge; (4) A copy of any written statement made by the child or any witness; (5) Transcriptions, recordings, and summaries of any oral statement of the child or of any witness, except the product of counsel; (6) Any scientific or other report which is intended to be introduced at the hearing or that pertains to physical evidence which is intended to be introduced; (7) Photographs and any physical evidence which is intended to be introduced at the hearing; and (8) Copies of the police incident report and supplemental report, if any, regarding the occurrence which forms the basis of the charge. (b) Reciprocal discovery. If the child, his or her attorney, or his or her parent or guardian requests disclosure of information pursuant to subsection (a) of this Code section, it shall be the duty of the child, his or her attorney, or his or her parent or guardian to promptly make the following available for inspection, copying, or photographing to the prosecuting attorney or the entity who is prosecuting the case: (1) The names and last known addresses and telephone numbers of each witness to the occurrence which forms the basis of the defense; (2) Any scientific or other report which shall be introduced at the hearing or that pertains to physical evidence which shall be introduced; and (3) Photographs and any physical evidence which shall be introduced at the hearing. (c) Timing of response to discovery. A request for discovery or reciprocal discovery shall be complied with promptly and not later than 48 hours prior to the adjudicatory hearing except when later compliance is made necessary by the timing of the request.
4482
JOURNAL OF THE HOUSE
If the request for discovery is made fewer than 48 hours prior to the adjudicatory hearing, the discovery response shall be produced in a timely manner. If, subsequent to providing a discovery response in compliance with this Code section, the existence of additional discovery is found, it shall be promptly provided to the person making the discovery request.
(d) Alibi. (1) Upon written request by the prosecuting attorney or entity who is prosecuting the case, stating the time, date, and place at which the alleged delinquent act was committed, the child, his or her attorney, or his or her parent or guardian shall serve upon the prosecuting attorney a written notice of the childs intention to offer a defense of alibi. Such notice by the child, his or her attorney, or his or her parent or guardian shall state the specific place or places at which the child claims to have been at the time of the alleged delinquent act and the names, addresses, dates of birth, and telephone numbers of the witnesses, if known to the child, his or her attorney, or his or her parent or guardian, upon whom the child intends to rely to establish such alibi unless previously supplied. (2) The prosecuting attorney or entity prosecuting the case shall serve upon the child, his or her attorney, or his or her parent or guardian a written notice stating the names, addresses, dates of birth, and telephone numbers of the witnesses, if known to the state, upon whom the state intends to rely to rebut the childs evidence of alibi unless previously supplied. (e) Order granting discovery; limitations sanctions. If a request for discovery is refused, application may be made to the court for a written order granting discovery. Motions for discovery shall certify that a request for discovery was made and was refused. An order granting discovery shall require reciprocal discovery. Notwithstanding the provisions of subsection (a) of this Code section, the court may deny, in whole or in part, or otherwise limit or set conditions concerning the discovery response upon a sufficient showing by a person or entity to whom a request for discovery is made that disclosure of the information would: (1) Jeopardize the safety of a party, witness, or confidential informant; (2) Create a substantial threat of physical or economic harm to a witness or other person; (3) Endanger the existence of physical evidence; (4) Violate a privileged communication; or (5) Impede the criminal prosecution of a minor who is being prosecuted as an adult or the prosecution of an adult charged with an offense arising from the same transaction or occurrence. (f) Failure to comply. If at any time during the course of the proceedings it is brought to the attention of the court that a person or entity has failed to comply with an order issued pursuant to this Code section, the court may grant a continuance, prohibit the party from introducing in evidence the information not disclosed, or enter such other order as the court deems just under the circumstances.
FRIDAY, APRIL 12, 2002
4483
(g) Court discretion. Nothing contained in this Code section shall prohibit the court from ordering the disclosure of any information that the court deems necessary and appropriate for proper adjudication. (h) Confidentiality of discovery responses. Any material or information furnished to the child, his or her attorney, or his or her parent or guardian pursuant to this part shall remain in the exclusive custody of the child, his or her attorney, or his or her parent or guardian and shall only be used during the pendency of the case and shall be subject to such other terms and conditions as the court may provide."
SECTION 3. (a) Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Except as otherwise provided in subsection (a) of this section, this Act shall become effective on July 1, 2002, and shall apply to all cases in which a petition is filed on or after that date.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Benfield of the 67th moved that the House agree to the Senate substitute to HB 642.
On the motion, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes 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 N Day
Dean Y Deloach, B E Deloach, G Y Dix Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps
Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene
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 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
Roberts, L
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 Y Stallings Y Stanley Y Stanley-Turner
Stephens Y Stokes Y Taylor E Teague Y Teper
Tillman Y Turnquest Y Twiggs Y Unterman
4484
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 Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines N Holland Y Holmes Y Houston
Howard
Maddox Y Mangham
Manning Y Massey E McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
Y Rogers Y Royal
Sailor N Sanders
Scheid N Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
On the motion, the ayes were 148, nays 4. The motion prevailed.
Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard E Williams, J
Williams, R Wix Y Yates Murphy, Speaker
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 following Senate amendment was read:
Amend HR 1320 by adding after the semicolon on line 2 of page 1 the following:
"to designate the Intersection of State Route 378 and Petersburg Road in Lincoln County as 'Wrights Crossing';"
By adding between lines 2 and 3 of page 1 the following: "Part I".
By adding after line 22 of page 1 the following: "Part II
WHEREAS, the house located at the intersection of State Route 378 and Petersburg Road in Lincoln County was constructed by David Blalock in 1792 and has been owned by the Wright family for 150 years and is totally in its original condition.
FRIDAY, APRIL 12, 2002
4485
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of Georgia State Route 378 and Petersburg Road in Lincoln County be designated as 'Wright's Crossing.'"
Representative Benfield of the 67th moved that the House agree to the Senate amendment to HR 1320.
On the motion, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong
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
Connell Y Cooper
Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B E 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
Harrell Y Heard
Heckstall Y Hembree
Henson Y Hines Y Holland Y Holmes Y Houston Y Howard
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B 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 E McBee Y McCall Y McClinton Y 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 E Pelote
Pinholster Y Poag
Porter Y Powell
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 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 E 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
Wilkinson Y Willard E Williams, J Y Williams, R
Wix Y Yates
Murphy, Speaker
On the motion, the ayes were 151, nays 0. The motion prevailed.
4486
JOURNAL OF THE HOUSE
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
HB 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.
Representative Smith of the 175th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1441 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Smith of the 175th, Royal of the 164th and Turnquest of the 73rd.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:
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 change certain provisions relating to grant certification; to provide for definitions; to provide for procedures, conditions, and limitations; and for other purposes.
FRIDAY, APRIL 12, 2002
4487
The following Senate substitute was read:
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 $5,000.00 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 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 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 shall be an eligible expense of the grant. However, the amount charged shall not exceed onehalf of 1 percent of the amount of the grant or $250.00 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.
4488
JOURNAL OF THE HOUSE
(c) Where the grant of state funds is for $5,000.00 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) Notwithstanding subsection (b) or (c) of this Code section, either the Governor, the Appropriations Committee of the House of Representatives, or the Appropriations Committee of the Senate shall have the right and authority to direct and require any local government to obtain an audit of any grant of state funds from the Governors emergency fund or from a special project appropriation, regardless of the amount thereof. (e) 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. (f) 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 following amendment was read:
FRIDAY, APRIL 12, 2002
4489
Representative Irvin of the 45th moves to amend the Senate substitute to HB 1669 by inserting "to provide that no money shall be drawn from the treasury of the local government except pursuant to certain specific authority;" following "so as" on line 2 of page 1; and by adding after Line 2 of page 3, the following new Section 2.
"Said title is further amended by adding at the end of Code Section 36-81-6, relating to adoption and form of local government budgets, a new subsection (c) to read as follows:
'(c) No money shall be expended or drawn from the treasury of the local government except pursuant to: (1) an appropriation in the local governments adopted or amended budget ordinance or resolution; or (2) a specific resolution or ordinance authorizing a particular expenditure.'
and by renumbering following sections accordingly.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Allen Y Amerson N Anderson N Ashe Y Bannister N Barnard N Barnes
Bell N Benfield N Birdsong N Black
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
Cox Y Crawford N Cummings Y Davis E Day N Dean
Deloach, B E Deloach, G Y Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps
Everett N Floyd Y Forster Y Franklin N Gardner Y Golick Y Grasse Y Graves N Greene Y Hammontree N Hanner Y Harbin N Harrell N Heard
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
Lanier Y Lewis N Lord
Lucas Y Lunsford
Maddox N Mangham Y Manning Y Massey E McBee
McCall N McClinton
Y Mueller Y Muntean Y O'Neal N Orrock N Parham N Parrish Y Parsons E Pelote Y Pinholster Y Poag N Porter
Powell N Purcell N Ragas N Randall N Ray N Reece N Reed N Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L N Rogers N Royal
Sailor Y Sanders Y Scheid N Scott N Seay
Y Smith, B N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T E Smith, V N Smyre Y Snelling N Snow N Squires N Stallings N Stanley N Stanley-Turner Y Stephens N Stokes N Taylor E Teague N Teper
Tillman N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West
Westmoreland Y Wiles Y Wilkinson
4490
Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y 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
Shanahan N Shaw N Sholar N Sims N Sinkfield
Skipper
On the adoption of the amendment, the ayes were 64, nays 91. The amendment was lost.
Y Willard E Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker
Representative Henson of the 65th moved that the House disagree to the Senate substitute to HB 1669.
Representative Pinholster of the 15th moved that the House agree to the Senate substitute to HB 1669.
On the motion, the roll call was ordered and the vote was as follows:
N Allen Y Amerson N Anderson N Ashe Y Bannister Y Barnard 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 N Buckner N Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan
Y Cox N Crawford N Cummings Y Davis E Day N Dean
Deloach, B E Deloach, G Y Dix N Dodson N Drenner N Dukes
Ehrhart N Epps Y Everett N Floyd Y Forster Y Franklin N Gardner Y Golick Y Grasse Y Graves N Greene Y Hammontree N Hanner N Harbin N Harrell N Heard
Heckstall Y Hembree N Henson
Y Hudgens N Hudson, N N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane N Lanier Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham N Manning Y Massey E McBee N McCall N McClinton N McKinney
Y Mueller Y Muntean Y O'Neal N Orrock N Parham N Parrish
Parsons E Pelote Y Pinholster N Poag N Porter N Powell N Purcell N Ragas N Randall
Ray N Reece N Reed N Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L N Rogers N Royal
Sailor Y Sanders
Scheid Scott N Seay N Shanahan
Y Smith, B N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T E Smith, V N Smyre Y Snelling N Snow N Squires N Stallings N Stanley N Stanley-Turner Y Stephens N Stokes N Taylor E Teague N Teper
Tillman N Turnquest N Twiggs Y Unterman N Walker, L
Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper
FRIDAY, APRIL 12, 2002
Y Hines N Holland N Holmes N Houston N Howard
Y Millar Y Mills N Mobley N Morris N Mosley
N Shaw N Sholar N Sims N Sinkfield N Skipper
On the motion, the ayes were 60, nays 101. The motion was lost. The House has disagreed.
4491
E Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker
HB 1819. By Representative Holland of the 157th:
A BILL to amend an Act entitled "An Act to abolish the present mode of compensating the Clerk of the Superior Court, the Judge of the Probate Court, and the Tax Commissioner of Turner County," so as to provide a salary for the judge of the Probate Court of Turner County; and for other purposes.
The following Senate substitute was read:
A BILL
To amend an Act entitled "An Act to abolish the present mode of compensating the Clerk of the Superior Court, the Judge of the Probate Court, and the Tax Commissioner of Turner County," approved March 26, 1980 (Ga. L. 1980, p. 4237), so as to provide a salary for the judge of the Probate Court of Turner County; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act entitled "An Act to abolish the present mode of compensating the Clerk of the Superior Court, the Judge of the Probate Court, and the Tax Commissioner of Turner County," approved March 26, 1980 (Ga. L. 1980, p. 4237), is amended by striking Section 3 and inserting in lieu thereof the following:
"SECTION 3. The judge of the probate court shall receive an annual salary equal to the salary
4492
JOURNAL OF THE HOUSE
provided by general law for such judge payable in equal monthly installments from the funds of Turner County; provided, however, that the person who is serving as the judge of the probate court on December 31, 2002, shall receive an additional supplement equal to the amount provided by general law for judges of the probate courts on a salary who are responsible for traffic cases under any general or any local law applicable to Turner County, whether or not such judge is responsible for traffic cases, for as long as such person remains in such office."
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.
Representative Holland of the 157th moved that the House agree to the Senate substitute to HB 1819.
On the motion the ayes were 110, nays 0.
The motion prevailed.
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 Senate substitute was read:
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
FRIDAY, APRIL 12, 2002
4493
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 amend Chapter 89 of Title 36 of the Official Code of Georgia Annotated, relating to homeowner tax relief grants, so as to provide for such grants with respect to municipal ad valorem taxes for municipal purposes and independent school district ad valorem taxes for educational purposes; to change certain provisions regarding definitions; to change certain provisions regarding purposes of certain appropriations; to change certain provisions regarding appropriations for tax relief grants in the General Appropriations Act; to change certain provisions regarding procedures and conditions for grant allotment; to change certain provisions regarding administration and excess funds; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 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) In 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 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 shall bear interest at the rate specified in Code Section 48-2-40 from the date of the breach. Such election shall be in writing and shall not become effective until filed with the county board of tax assessors."
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;".
4494
JOURNAL OF THE HOUSE
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 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.; or (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. Chapter 89 of Title 36 of the Official Code of Georgia Annotated, relating to homeowner tax relief grants, is amended by striking Code Section 36-89-1, relating to definitions, and inserting in its place a new Code Section 36-89-1 to read as follows:
"36-89-1. As used in this chapter, the term:
(1) 'Applicable rollback' means a:
FRIDAY, APRIL 12, 2002
4495
(A) Rollback of an ad valorem tax millage rate pursuant to subsection (a) of Code Section 48-8-91 in a county or municipality that levies a local option sales tax; (B) Rollback of an ad valorem tax millage rate pursuant to subparagraph (c)(2)(C) of Code Section 48-8-104 in a county or municipality that levies a homestead option sales tax; (C) Subtraction from an ad valorem millage rate pursuant to Code Section 20-2-334 in a local school system that receives a state school tax credit; (D) Reduction of an ad valorem tax millage rate pursuant to the development of a service delivery strategy under Code Section 36-70-24; and (E) Reduction of an ad valorem tax millage rate pursuant to paragraph (2) of subsection (a) of Code Section 33-8-8.3 in a county that collects insurance premium tax. (1)(2) 'County millage rate' means the net ad valorem tax millage rate, after deducting applicable rollbacks, levied by a county for county purposes and applying to all qualified homesteads in the county, including any millage levied for special district purposes but not including any millage levied for purposes of bonded indebtedness and not including any millage levied for school on behalf of a county school district for educational purposes. (2)(3) 'Eligible assessed value' means a certain stated amount of the assessed value of each qualified homestead in the state. The amount of the eligible assessed value for any given year shall be fixed in that years General Appropriations Act. (3)(4) 'Fiscal authority' means the political subdivision which levies and collects individual authorized to collect ad valorem taxes on behalf of a local school district and may, if appropriate, include a local school district itself but will generally refer to for a county or municipality which levies and collects ad valorem taxes on behalf of a local school district. (5) 'Municipal millage rate' means the net ad valorem tax millage rate, after deducting applicable rollbacks, levied by a municipality for municipal purposes and applying to qualified homesteads in the municipality, including any millage levied for special tax district purposes but not including any millage levied for purposes of bonded indebtedness and not including any millage levied on behalf of an independent school district for educational purposes. (4)(6) 'Qualified homestead' means a homestead qualified for any exemption, state, county, or school, authorized under Code Section 48-5-44. (5)(7) 'School millage rate' means the net ad valorem tax millage rate, after deducting applicable rollbacks, levied by or on behalf of a local county or independent school district for educational purposes and applying to all qualified homesteads in the local county or independent school district, not including any millage levied for purposes of bonded indebtedness and not including any millage levied for county or municipal purposes. (6)(8) 'State millage rate' means the state millage levy."
4496
JOURNAL OF THE HOUSE
SECTION 5. Said chapter is further amended by striking Code Section 36-89-2, relating to purposes of certain appropriations, and inserting in its place a new Code Section 36-89-2 to read as follows:
"36-89-2. In any year the General Assembly may appropriate funds for homeowner tax relief grants to counties, municipalities, and local county or independent school districts, in order to provide for more effective regulation and management of the finance and fiscal administration of the state and pursuant to and in furtherance of the provisions of Article III, Section IX, Paragraph II(c) of the Constitution; Article VII, Section III, Paragraph III of the Constitution; Article VIII, Section I, Paragraph I of the Constitution; and other provisions of the Constitution."
SECTION 6. Said chapter is further amended by striking Code Section 36-89-3, relating to appropriations for tax relief grants in the General Appropriations Act, and inserting in its place a new Code Section 36-89-3 to read as follows:
"36-89-3. In any year the General Assembly may appropriate to the Department of Revenue funds to provide homeowner tax relief grants to counties, municipalities, and local county or independent school districts. When funds are so appropriated, the General Appropriations Act shall specify the amount appropriated and the eligible assessed value of each qualified homestead in the state for the specified tax year. If for any reason the amount appropriated in the General Appropriations Act is insufficient to fund the eligible assessed value stated in the General Appropriations Act, the amount appropriated may be adjusted in amendments to the General Appropriations Act."
SECTION 7. Said chapter is further amended by striking Code Section 36-89-4, relating to procedures and conditions for grant allotment, and inserting in its place a new Code Section 36-89-4 to read as follows:
"36-89-4. (a)(1) When funds are appropriated as provided in Code Section 36-89-3, such grants shall be allotted to each county, municipality, and local county or independent school district in the state as follows: (1)(A) Immediately following the actual preparation of ad valorem property tax bills, each county tax commissioner fiscal authority shall notify the Department of Revenue of the total amount of tax revenue which would be generated by applying the sum of the state and county millage rates to the eligible assessed value of each qualified homestead in the county. The total amount of actual tax credits, so calculated, given to all qualified homesteads in the county shall be the amount of the grant to that county; and
FRIDAY, APRIL 12, 2002
4497
(2)(B) Immediately following the actual preparation of ad valorem property tax bills, each local county or independent school districts fiscal authority shall notify the Department of Revenue of the total amount of tax revenue which would be generated by applying the school millage rate to the eligible assessed value of each qualified homestead in the local county or independent school district. The total amount of actual tax credits, so calculated, given to all qualified homesteads in the local county or independent school district shall be the amount of the grant to that local county or independent school district.; and (C) Immediately following the actual preparation of ad valorem property tax bills, each municipalitys fiscal authority shall notify the Department of Revenue of the total amount of tax revenue which would be generated by applying the municipal millage rate to the eligible assessed value of each qualified homestead in the municipality. The total amount of actual tax credits, so calculated, given to all qualified homesteads in the municipality shall be the amount of the grant to that municipality. (3)(2) Credit amounts computed under paragraphs (1) and (2) paragraph (1) of this subsection shall be applied to reduce the otherwise applicable tax liability on a dollarfor-dollar basis, but the credit granted shall not in any case exceed the amount of the otherwise applicable tax liability after the granting of all applicable homestead exemptions except for any homestead exemption under Article 2A of Chapter 8 of Title 48, the 'Homestead Option Sales and Use Tax Act,' as amended, and after the granting of all applicable millage rollbacks. (b) The grant of funds to each county shall be conditioned on the county countys fiscal authority reducing each qualified homesteads otherwise applicable liability for county taxes for county purposes by a credit amount calculated in paragraph (1) of subsection (a) subparagraph (a)(1)(A) of this Code section. (c) The grant of funds to each local county or independent school district shall be conditioned on the local school district and its county or independent school districts fiscal authority reducing each qualified homesteads otherwise applicable liability for school taxes by a credit amount calculated in paragraph (2) of subsection (a) subparagraph (a)(1)(B) of this Code section. (d) The grant of funds to each municipality shall be conditioned on the municipalitys fiscal authority reducing each qualified homesteads otherwise applicable liability for municipal taxes by a credit amount calculated in subparagraph (a)(1)(C) of this Code section. (d)(e) Each county and each fiscal authority shall show the credit amount on the tax bill, together with a prominent notice in substantially the following form: 'This reduction in your bill is the result of homeowners tax relief enacted by the Governor and the General Assembly of the State of Georgia.'"
SECTION 8. Said chapter is further amended by striking Code Section 36-89-5, relating to administration and excess funds, and inserting in its place a new Code Section 36-89-5 to
4498
JOURNAL OF THE HOUSE
read as follows: "36-89-5. (a) The state revenue commissioner shall administer this chapter and shall adopt rules and regulations for the administration of this chapter, including specific instructions to local governments. The state revenue commissioner may adopt procedures for partial or installment distribution of grants when the commissioner determines that a full distribution will only result in the necessity of return of funds under subsection (b) of this Code section. (b) If any excess funds remain from the funds granted to any county, municipality, or local county or independent school district under this chapter, after the county, municipality, or local county or independent school district complies with the credit requirements of Code Section 38-89-4, such excess funds shall be returned by the county, municipality, or local county or independent school district to the Department of Revenue."
SECTION 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2002.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
Representative Royal of the 164th moved that the House agree to the Senate substitute to HB 1321.
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
Borders Y Bridges
Brooks Y Broome Y Brown
Y Cox Y Crawford Y Cummings
Davis E Day
Dean Y Deloach, B E Deloach, G Y Dix Y Dodson Y Drenner Y Dukes
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 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 E 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
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 E Teague
Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister
Byrd E Callaway Y Campbell
Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
FRIDAY, APRIL 12, 2002
Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree
Hanner Y Harbin
Harrell Y Heard
Heckstall Y Hembree
Henson Y Hines Y Holland Y Holmes Y Houston Y Howard
Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham
Manning Y Massey E 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
Roberts, L Y Rogers Y Royal
Sailor Sanders Y Scheid Y Scott Y Seay Y Shanahan Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
On the motion, the ayes were 149, nays 0. The motion prevailed.
4499
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 E Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
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.
The following Senate amendment was read:
Amend HB 1406 by inserting on line 2 of page 1, following the word and symbol "fees;", the following:
"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
4500
JOURNAL OF THE HOUSE
operation on January 1, 2002, shall operate after July 1, 2002, unless permitted by such department;"
By inserting on line 8 of page 1, following the word and symbol "foregoing;", the following:
"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;"
By inserting following line 5 of page 2 the following:
"SECTION 1A. Said chapter is further amended by inserting following Code Section 12-8-40 a new Code section to read as follows:
'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.'"
By inserting following line 8 of page 16 the following:
"SECTION 6A. 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.'"
FRIDAY, APRIL 12, 2002
4501
Representative Shanahan of the 10th moved that the House agree to the Senate amendment to HB 1406.
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
Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
Y Cox Y Crawford Y Cummings
Davis E Day
Dean Y Deloach, B E Deloach, G Y Dix Y Dodson
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 Heckstall Y Hembree Henson N 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 Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham
Manning Y Massey E McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley
Morris Y Mosley
Y Mueller Y Muntean N 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
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 E 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
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard E Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
On the motion, the ayes were 150, nays 5. The motion prevailed.
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:
4502
JOURNAL OF THE HOUSE
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 Senate substitute was read:
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 enforcement officers and their qualifications, powers, duties, and limitations; to provide for limitations on liability; to prohibit persons from obstructing, resisting, impeding, or interfering with such enforcement officers in the performance of their duties; 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 striking subsection (b) and inserting in lieu thereof new subsections (b), (d), (e), (f), and (g):
"(b) Any person who violates subsection (a) of this Code section 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; $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
FRIDAY, APRIL 12, 2002
4503
(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) Any county, municipality, or law enforcement agency thereof of this state which is empowered to enforce the provisions of this Code section or local littering ordinances may, in its discretion, appoint any person who is a citizen of the United States, is of good moral character, and has not previously been convicted of a felony to enforce the provisions of this Code section or local littering ordinances within the county or municipality in which the appointing agency exercises jurisdiction. Each person appointed pursuant to this Code section shall take and subscribe an oath of office as prescribed by the appointing authority. Any person appointed and sworn pursuant to this subsection shall be authorized to enforce the provisions of this Code section or local littering ordinances in the same manner as any employee or law enforcement officer of this state or any county or municipality of this state subject to the limitations provided in subsections (e) and (f) of this Code section. (e) No person appointed pursuant to subsection (d) of this Code section shall be deemed a peace officer under the laws of this state or: (1) Be deemed to be an employee of or receive any compensation from the state, county, municipality, or appointing law enforcement agency; (2) Be required to complete any training or be certified pursuant to the requirements of Chapter 8 of Title 35; (3) Have the power or duty to enforce any other traffic or criminal laws of the state, county, or municipality; (4) Have the power to possess and carry firearms and other weapons for the purpose of enforcing the littering laws; or (5) Be entitled to any indemnification from the state, county, or municipality for any injury or property damage sustained by such person as a result of attempting to enforce the littering laws of this state or any local government. (f) Notwithstanding any law to the contrary, neither the state nor any county, municipality or other political subdivision of this state or any department, agency, board, or officer of this state or any county, municipality or political subdivision of this state shall be liable or accountable for or on account of any act or omission of any person appointed pursuant to this Code section in connection with such persons enforcement of the provisions of this Code section or local littering ordinances. (g) It shall be unlawful for any person willfully to obstruct, resist, impede, or interfere with any person appointed pursuant to this Code section in connection with such persons enforcement of this Code section or local littering ordinances or to retaliate or discriminate in any manner against such person as a reprisal for any act or omission of such person. Any violation of this subsection shall be punishable as a misdemeanor."
4504
JOURNAL OF THE HOUSE
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Burkhalter of the 41st moved that the House agree to the Senate substitute to HB 1343.
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
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 E Deloach, G
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
Heckstall Y Hembree
Henson Y Hines Y Holland Y Holmes Y Houston Y Howard
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N 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
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 E Pelote Y Pinholster 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
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 E 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
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L
Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard E Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
On the motion, the ayes were 153, nays 2. The motion prevailed.
FRIDAY, APRIL 12, 2002
4505
HB 136. By Representatives Birdsong of the 123rd, Jamieson of the 22nd, Porter of the 143rd, Walker of the 141st and Cummings of the 27th:
A BILL to amend Code Section 20-2-270.1 of the Official Code of Georgia Annotated, relating to services to member local school systems by regional educational service agencies, so as to provide that a regional educational service agency shall be authorized to sell or provide at reasonable costs goods and services to private schools located in this state; and for other purposes.
The following Senate amendment was read:
Amend HB 136 by striking the words "and services" on lines 4 and 12 of page 1.
Representative Birdsong of the 123rd moved that the House agree to the Senate amendment to HB 136.
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 Cox Y Crawford Y Cummings
Davis Y Day
Dean Y Deloach, B E 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
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
Maddox Y Mangham Y Manning
Mueller Y Muntean Y O'Neal
Orrock Y Parham Y Parrish Y Parsons E 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
Roberts, L Y Rogers Y Royal
Sailor
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 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
4506
Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
JOURNAL OF THE HOUSE
Y Harrell Y Heard
Heckstall Y Hembree
Henson Y Hines Y Holland Y Holmes Y Houston Y Howard
Y Massey E McBee
McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
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 155, nays 0. The motion prevailed.
Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard E Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
The following Bills of the House were taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
HB 696. By Representatives Birdsong of the 123rd and Jenkins of the 110th:
A BILL to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exceptions from the requirements of disclosure of public records, so as to provide an exception with respect to public records of an emergency "911" system containing information which would reveal the name, address, or telephone number of a person placing a call to a public safety answering point, which information may be redacted from such records; and for other purposes.
Representative Birdsong of the 123rd moved that the House insist on its position in disagreeing to the Senate substitute to HB 696 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 Birdsong of the 123rd, Jenkins of the 110th and Holland of the 157th.
FRIDAY, APRIL 12, 2002
4507
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.
Representative Lucas of the 124th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1772 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 Lucas of the 124th, Reichert of the 126th and Ray of the 128th.
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.
Representative Lucas of the 124th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1773 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 Lucas of the 124th, Reichert of the 126th and Ray of the 128th.
4508
JOURNAL OF THE HOUSE
Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 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.
The following Committee substitute was read:
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 $15.00 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
FRIDAY, APRIL 12, 2002
4509
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 following amendment was read:
Representative Mills of the 21st et al. move to amend the Committee substitute to SB 138 as follows:
On page 1, and on line 15, strike "$15.00" and insert "$20.00".
The following amendment was read and adopted:
Representatives Coleman of the 142nd and Cummings of the 27th move to amend the Mills amendment to SB 138 as follows:
By striking the figure "$20" and insert "$21".
On the adoption of the amendment, 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 Cox N Crawford N Cummings Y Davis N Day N Dean N Deloach, B E Deloach, G Y Dix
Y Hudgens N Hudson, N N Hudson, S Y Hugley Y Irvin Y Jackson, B N Jackson, L N James Y Jamieson
Y Mueller Y Muntean Y O'Neal N Orrock Y Parham Y Parrish Y Parsons E Pelote Y Pinholster
Y Smith, B N Smith, C Y Smith, C.W Y Smith, L N Smith, P Y Smith, T E Smith, V
Smyre Y Snelling
4510
Y Birdsong N Black Y Boggs N Bordeaux N Borders Y Bridges N Brooks Y Broome Y Brown Y Buck N Buckner Y Bulloch Y Bunn
Burkhalter Y Burmeister Y Byrd Y Callaway
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 Dodson N Drenner N 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 N Hanner Y Harbin Y Harrell Y Heard N Heckstall Y Hembree N Henson Y Hines Y Holland N Holmes N Houston Y Howard
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 N Mangham
Manning Y Massey E McBee
McCall Y McClinton Y McKinney Y Millar Y Mills N Mobley Y Morris Y Mosley
Y Poag Y Porter
Powell Y Purcell Y Ragas N Randall Y Ray Y Reece Y Reed N Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay N Shanahan Y Shaw N Sholar N Sims N Sinkfield N Skipper
On the adoption of the amendment, the ayes were 121, nays 43. The amendment, as amended, was adopted.
Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor E Teague N Teper
Tillman Y Turnquest Y Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard E Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker
Representative Jamieson of the 22nd moved that the House reconsider its action in adopting the Mills amendment, as amended.
On the motion, the roll call was ordered and the vote was as follows:
Y Allen N Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders
N Cox Y Crawford Y Cummings N Davis Y Day Y Dean Y Deloach, B E Deloach, G N Dix Y Dodson Y Drenner Y Dukes N Ehrhart Y Epps
N Hudgens Y Hudson, N Y Hudson, S Y Hugley N Irvin N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings Y Johnson Y Jordan N Joyce
Mueller N Muntean N O'Neal Y Orrock Y Parham Y Parrish N Parsons E Pelote N Pinholster N Poag Y Porter Y Powell Y Purcell Y Ragas
N Smith, B Y Smith, C N Smith, C.W N Smith, L Y Smith, P Y Smith, T E Smith, V Y Smyre N Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner
N Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner Y Bulloch N Bunn
Burkhalter N Burmeister Y Byrd Y Callaway
Campbell N Cash Y Channell Y Childers N Coan N Coleman, B Y Coleman, T N Collins Y Connell N Cooper
FRIDAY, APRIL 12, 2002
N Everett Y Floyd N Forster N Franklin Y Gardner N Golick N Grasse
Graves Y Greene N Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall N Hembree Y Henson N Hines Y Holland Y Holmes Y Houston
Howard
N Kaye N Keen N Knox Y Lane N Lanier N Lewis Y Lord Y Lucas N Lunsford Y Maddox
Mangham Manning N Massey E McBee Y McCall McClinton N McKinney N Millar N Mills Y Mobley Y Morris Y Mosley
Randall Y Ray Y Reece N Reed Y Reichert N Rice N Richardson N Roberts, D
Roberts, L Y Rogers Y Royal
Sailor N Sanders N Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
On the motion, the ayes were 102, nays 60. The motion prevailed.
4511
N 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 N Wilkinson N Willard E Williams, J N Williams, R Y Wix Y Yates
Murphy, Speaker
On the re-adoption of the Mills amendment, as amended, the roll call was ordered and the vote was as follows:
Y Allen N Amerson Y Anderson N Ashe Y Bannister Y 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 N Buckner Y Bulloch
Y Cox N Crawford N Cummings Y Davis N Day N Dean N Deloach, B E 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 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 Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis N Lord
Y Mueller Y Muntean Y O'Neal N Orrock N Parham N Parrish Y Parsons E Pelote Y Pinholster Y Poag N Porter N Powell N Purcell Y Ragas
Randall Y Ray N Reece Y 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 E Smith, V N Smyre Y Snelling Y Snow N Squires N Stallings N Stanley N Stanley-Turner Y Stephens N Stokes N Taylor E Teague N Teper
Tillman N Turnquest
4512
Y Bunn Y Burkhalter Y 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 Y Hammontree N Hanner
Harbin N Harrell N Heard N Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston Y Howard
N Lucas Y Lunsford Y Maddox N Mangham
Manning Y Massey E McBee N McCall N McClinton Y McKinney Y Millar Y Mills N Mobley N Morris N Mosley
Y Roberts, D 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
N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard E Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker
On the re-adoption of the Mills amendment, as amended, the ayes were 75, nays 90. The amendment was lost.
Representative Parham of the 122nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
The Committee substitute was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y 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 Y Dean Y Deloach, B E Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
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 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 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 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 Y Collins Y Connell Y Cooper
FRIDAY, APRIL 12, 2002
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 Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Massey E 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
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
4513
Y Stokes Y Taylor
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 E Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
On the passage of the Bill, by substitute, the ayes were 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following Resolution of the House was taken up for the purpose of considering the report of the Committee of Conference 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 following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HR 838
The Committee of Conference on HR 838 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HR 838 be adopted.
4514
JOURNAL OF THE HOUSE
FOR THE SENATE:
/s/ George Hooks Senator, 14th District
/s/ Hugh M. Gillis, Sr. Senator, 20th District
/s/ Nathan Dean Senator, 31st District
Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ A. Richard Royal Representative, 164th District
/s/ Penny Houston Representative, 166th District
/s/ Robert Hanner Representative, 159th District
A RESOLUTION
Designating Veterans Parkways, Talmadge Plaza, Robbie Bishop Memorial Highway, Norman W. Fries Highway; and for other purposes.
WHEREAS, many courageous men and women in the history of our nation have risen to the call and performed their duty to defend this country and its freedom in times of conflict; and
WHEREAS, the late Herman Talmadge was one of Georgia's most distinguished citizens who served as Governor of the State of Georgia and as a United States Senator and who passed away on March 21, 2002; and
WHEREAS, Robbie Bishop was a courageous and dedicated police officer who served as a captain with the City of Villa Rica Police Department and who was killed in the line of duty on January 20, 1999; and
WHEREAS, Norman Warren Fries was a prominent businessman, civic leader, and generous philanthropist in Claxton, Georgia, where he was the largest employer in Evans County and positively influenced the quality of life for his fellow citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. That Georgia State Route 156 from its intersection with River Street to its intersection with McConnell Street in the City of Calhoun be designated the Veterans Parkway.
FRIDAY, APRIL 12, 2002
4515
SECTION 2. That the Georgia Highway 319 East Bypass from the intersection of Georgia Highway 33 to the intersection point of Georgia Highway 35 in Colquitt County be designated the Veterans Parkway.
SECTION 3. That Georgia Highway 113 from U.S. Highway 278 in Rockmart to the Bartow County line be designated the Veterans Parkway.
SECTION 4. That the brick-paved area surrounding the statue of the late Governor Herman Talmadge across Washington Street from the State Capitol is designated in Governor Talmadges honor as Talmadge Plaza, which is more particularly described as follows: begin at a point on the westerly side of Washington Street, which point is 110 feet, more or less, northeasterly along Washington Street from its intersection with Mitchell Street, and proceed from said point of beginning: 112 feet, more or less, in a generally northwesterly direction; then 128 feet, more or less, in a generally northeasterly direction; then 112 feet, more or less, in a generally southeasterly direction to Washington Street; and then 128 feet, more or less, along Washington Street in a southwesterly direction to the point of beginning.
SECTION 5. That the portion of Georgia Highway 61 from the city limits of the City of Villa Rica to the intersection of Georgia Highway 61 with Paulding County Road Number 472 be designated as the Robbie Bishop Memorial Highway.
SECTION 6. That U.S. Highway 301 in the corporate limits of the City of Claxton be designated the Norman W. Fries Memorial Highway.
SECTION 7. That the Department of Transportation is authorized and directed to place and maintain one or more appropriate signs or markers designating the above named roads and the Georgia Building Authority is authorized and directed to place and maintain one or more appropriate signs or markers designating the Talmadge Plaza.
Representative Royal of the 164th moved that the House adopt the report of the Committee of Conference on HR 838.
On the motion, the roll call was ordered and the vote was as follows:
4516
JOURNAL OF THE HOUSE
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
Davis Y Day
Dean Y Deloach, B E Deloach, G Y Dix Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Gardner Y Golick
Grasse Y Graves Y Greene
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 Y Irvin Y Jackson, B Y Jackson, L
James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Massey E McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
On the motion, the ayes were 153, nays 3. The motion prevailed.
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
Sailor N Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar N Sims Y Sinkfield
Skipper
Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T E Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens
Stokes Y Taylor
Teague Y Teper
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 E Williams, J Y Williams, R Y Wix
Yates Murphy, Speaker
The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:
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
FRIDAY, APRIL 12, 2002
4517
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 following Senate substitute was read:
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; 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. The following portions of the Official Code of Georgia Annotated, as amended, are amended: (1) Code Section 3-3-7, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, is amended by striking the introductory language of subsection (b) and inserting in lieu thereof the following:
"(b) In each county having a population of 550,000 800,000 or more according to the United States decennial census of 1970 2000 or any future such census in which the sale of alcoholic beverages is lawful:". (2) Code Section 8-3-50, relating to housing authority commissioners, is amended by striking the introductory language of paragraph (3) of subsection (b) and inserting in lieu thereof the following:
"(3) In any county with a population of 550,000 800,000 or more according to the United States decennial census of 1990 2000 or any future such census in which the governing body has adopted a resolution as provided in Code Section 8-3-5, the governing body shall, in addition to the other commissioners authorized under paragraph (1) of this subsection:". (3) Code Section 15-16-10, relating to duties of sheriffs, is amended by striking subsection (c) in its entirety and inserting in lieu thereof the following: "(c) In all counties of this state having a population of not less than 350,000 625,000 nor more than 550,000 725,000 according to the United States decennial census of 1990 2000 or any future such census, it shall be the duty of the sheriffs of such counties to receive, confine, feed, and care for all persons charged with the violation of any ordinances of such counties in the same manner as persons charged with an indictable offense, whether such person charged with the violation of an ordinance is being held
4518
JOURNAL OF THE HOUSE
pending a hearing before the recorders courts of such counties or has been sentenced by the recorders courts to imprisonment in the county jail." (4) Code Section 15-16-13, relating to law enforcement contracts with municipalities, is amended by striking subsection (f) in its entirety and inserting in lieu thereof the following: "(f) This Code section shall not apply to any county of 600,000 800,000 population or more according to the United States decennial census of 1970 2000 or any future such census." (5) Code Section 31-3-2.1, relating to the creation of county boards of health and wellness, is amended by striking subsection (a) in its entirety and inserting in lieu thereof the following: "(a) This Code section shall apply only to those counties of this state having a population of 550,000 800,000 or more according to the United States decennial census of 1980 2000 or any future such census. To the extent that this Code section conflicts with or is inconsistent with other provisions of this chapter, the provisions of this Code section shall control within the counties in which this Code section is applicable. As used in this Code section, the word 'county' means a county to which this Code section is applicable." (6) Code Section 36-10-2.1, relating to the letting of county contracts in counties with population of 550,000 or more, is amended by striking said Code section in its entirety and inserting in lieu thereof the following: "36-10-2.1. In any county of this state having a population of 550,000 800,000 or more according to the United States decennial census of 1980 2000 or any future such census, contracts for building or repairing any courthouse or other public building, jail, bridge, causeway, or other public works or public property shall be let to the lowest responsible bidder, but the governing authority of any such county shall have the right to reject any or all bids for any such contract. The governing authority of any such county, in considering whether a bidder is responsible, may consider the bidders quality of work, general reputation in the community, financial responsibility, previous employment on public works, and compliance with a minority business enterprise participation plan or making a good faith effort to comply with the goals of such a plan." (7) Code Section 36-67-1, relating to the applicability of zoning review procedures, is amended by striking said Code section in its entirety and inserting in lieu thereof the following: "36-67-1. This article shall apply only to those counties which have a population of 500,000 625,000 or more according to the United States decennial census of 1990 2000 or any future such census and to those municipalities wholly or partially located within such counties which have a population of 100,000 or more according to the United States decennial census of 1980 or any future such census. As used in this article, the term 'local government' means those counties and municipalities subject to this article; and
FRIDAY, APRIL 12, 2002
4519
the term 'governing authority' means the governing authority of each such county and municipality." (8) Code Section 36-36-70, relating to approval of proposed annexations in certain counties, is amended by striking subsection (b) and inserting in lieu thereof the following: "(b) The provisions of this Code section shall apply only to those counties of this state having a population of not less than 480,000 and not more than 580,00 not less than 625,000 nor more than 725,000 according to the United States decennial census of 1980 2000 or any future such census." (9) Code Section 36-82-1, relating to election for bonded debt, is amended by striking subsection (b.1) in its entirety and inserting in lieu thereof the following: "(b.1) In all counties of this state having a population of 550,000 800,000 or more according to the United States decennial census of 1980 2000 or any future such census, no county-wide bond election or school bond election in the unincorporated area of any such county shall be held on any date other than the date of the November general election; provided, however, that upon a determination by any superior court of competent jurisdiction that the holding of such election on the date of the November general election would cause irreparable harm to the electors of any such county, such election shall be held in the manner provided for in subsection (b) of this Code section." (10) Code Section 45-18-7, relating to retiring employees continuing insurance coverage, is amended by striking subsection (b) in its entirety and inserting in lieu thereof the following: "(b) Employees of the state-wide probation system administered by the Department of Corrections who were employees of a county probation system of a county having a population of 550,000 800,000 or more according to the United States decennial census of 1980 2000 or any future such census and who were members of a local retirement system and had ten or more years of creditable service under the local retirement system at the time the county probation system became a part of the state-wide probation system shall be eligible to continue coverage under the health insurance plan for the state employees upon retirement from a local retirement system by paying a premium set by the board. Such retired persons shall be eligible to enroll their spouses and eligible dependents in accordance with the regulations of the board. Such retirees shall be treated in the same manner as other retirees eligible to continue coverage under the Employees Retirement System of Georgia. The board may promulgate and adopt rules and regulations governing continuance and discontinuance of coverage for such retired persons and their spouses and eligible dependents." (11) Code Section 48-5-24, relating to payment of taxes in county in which returns are made, is amended by striking subsections (b) and (e) and paragraph (1) of subsection (c) in their entirety and inserting in lieu thereof the following: "(b) In all counties having a population of not less than 350,000 625,000 nor more than 550,000 700,000 according to the United States decennial census of 1970 2000 or any future such census, the taxes shall become due in two equal installments. One-half of the taxes shall be due and payable on July 1 of each year and shall become delinquent if not paid by August 15 in each year. The remaining one-half of the taxes shall be due
4520
JOURNAL OF THE HOUSE
and payable on October 1 of each year and shall become delinquent if not paid by November 15 of each year. A penalty not to exceed 5 percent of the amount of each installment shall be added to each installment that is not paid before the installment becomes delinquent. Intangible taxes in one installment shall become due on October 1 of each year and shall become delinquent if not paid by December 31. A penalty not to exceed 5 percent of the amount of intangible taxes due shall be added to any installment that is not paid before it becomes delinquent. All taxes remaining unpaid as of the close of business on December 31 of each year shall bear interest at the rate specified in Code Section 48-2-40, but in no event shall an interest payment for delinquent taxes be less than $1.00. The tax collectors shall issue executions for delinquent taxes, penalties, and interest against each delinquent taxpayer in their respective counties. Notwithstanding the foregoing, the governing authority of any county subject to this subsection may change the tax due dates provided in this subsection if the countys tax digest is not approved pursuant to Code Section 48-5-271 before July 1 of any year.
(c)(1) All ad valorem taxes, fees, service charges, and assessments owed by any taxpayer to any county in this state having a population of 550,000 800,000 or more according to the United States decennial census of 1970 2000 or any future such census or to any municipality lying wholly or partially within such county and having a population of 350,000 or more according to the United States decennial census of 1970 or any future such census, which are not paid when due shall bear interest at the following rates until paid:
(A) The rate specified in Code Section 48-2-40 on the total amount of any such taxes, fees, service charges, or assessments which are not paid when due; and (B) An additional rate of interest on the amount of such taxes, fees, service charges, and assessments which exceeds $1,000.00 equal to 1 percent per annum for each full calendar month which elapses between the date that the taxes, fees, service charges, and assessments first become due and the date on which they are paid in full. The total rate of interest determined under this paragraph shall not exceed 12 percent per annum or the rate specified in Code Section 48-2-40, whichever is more. The additional rate of interest shall not apply to amounts determined to be owed by a taxpayer pursuant to any arbitration, equalization, or similar proceeding, if brought in good faith by the taxpayer, provided that the taxpayer shall have previously paid to the county or municipality the amount of such liability which was not in dispute;" "(e) In all counties having a population of not less than 400,000 595,000 nor more than 500,000 660,000 according to the United States decennial census of 1990 2000 or any future such census, the taxes shall become due and payable on August 15 in each year and shall become delinquent if not paid by October 15 of each year. A penalty of 5 percent of the tax due shall accrue on taxes not paid on or before October 15 of each year, and interest shall accrue at the rate specified in Code Section 48-2-40 on the total amount of unpaid taxes and penalty until both the taxes and the penalty are paid. The tax collectors shall issue executions for delinquent taxes, penalties, and interest against each delinquent taxpayer in their respective counties. Nothing contained in this subsection shall be construed to impose any liability for the payment of any ad valorem
FRIDAY, APRIL 12, 2002
4521
taxes upon any person for property which was not owned on January 1 of the applicable tax year."
SECTION 2. The following uncodified Acts, as amended, are amended: (1) An Act fixing the compensation of the board of commissioners of counties having a population of 550,000 or more according to the United States decennial census of 1970 or any such future census, approved March 30, 1971 (Ga. L. 1971, p. 2369), as amended, particularly by an Act approved April 3, 1996 (Ga. L. 1996, p. 895), is amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"SECTION 1. The chairperson of the board of commissioners of counties of this state having a population of 550,000 800,000 or more according to the United States decennial census of 1990 2000 or any future such census shall be compensated in an amount not exceeding $27,000.00 per annum. Each of the other members of any such board of commissioners shall be compensated in an amount not exceeding $25,000.00 per annum. Said compensation shall be set within the limits of this section after a public hearing in a separate resolution adopted by a recorded vote and shall be included in the countys budget after such adoption. The compensation provided for in this section shall be paid in equal monthly installments on the first day of each month out of the county treasury. This section shall not apply to any county which has an elected chief executive officer having any powers which may only be changed if approved in a special election." (2) An Act providing for minimum compensation of judges of the probate court in certain counties having a population of 550,000 or more according to the United Stated decennial census of 1980 or any such future census, approved March 26, 1982 ( Ga. L. 1982, p. 3626), is amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"SECTION 1. In all counties of this state having a population of 550,000 800,000 or more according to the United States decennial census of 1980 2000 or any future such census, the judge of the probate court of such county shall be compensated in an amount which shall be at least equal to the amount paid to the highest paid judge of the state court of such county. Such compensation shall be payable from the county treasury in equal monthly installments." (3) An Act providing for a budget commission in certain counties, approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess. p. 2815), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3284), is amended by striking therefrom wherever the same shall appear the figure "600,000" and inserting in lieu thereof the figure "800,000", so that said Act, as amended, when amended by this Act shall be applicable only to
4522
JOURNAL OF THE HOUSE
counties having a population of 800,000 or more according the United States decennial census of 2000. (4) An Act providing for the lease of park property in certain counties having a population of 300,000 or more according to the United States census of 1950 or any future United States census, approved February 21, 1951 (Ga. L. 1951, p. 528), as amended, particularly by an Act approved April 10, 1971 (Ga. L. 1971, p. 3386), is amended by striking the figure "600,000" and inserting in lieu thereof the figure "800,000", so that said Act, as amended, when amended by this Act shall be applicable only to counties having a population of 800,000 or more according the United States decennial census of 2000. (5) An Act providing for the protection of pension rights in certain counties and cities, approved March 31, 1972 (Ga. L. 1972, p. 3277), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3258), is amended by striking in subsection (a) of Section 1 thereof the figure "550,000" and inserting in lieu thereof the figure "800,000".
SECTION 3. This Act shall become effective upon July 1, 2002.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Ehrhart of the 36th moved that the House agree to the Senate substitute to HB 1489.
On the motion, 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
Bell N Benfield Y Birdsong Y Black Y Boggs
Bordeaux Y Borders Y Bridges N Brooks Y Broome Y Brown Y Buck
Y Cox Y Crawford Y Cummings
Davis Y Day
Dean Y Deloach, B E Deloach, G Y Dix Y Dodson N Drenner N Dukes Y Ehrhart Y Epps
Everett Y Floyd Y Forster Y Franklin Y Gardner
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier
Y 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 Smith, B 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 Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague N Teper
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
FRIDAY, APRIL 12, 2002
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 Y Holmes Y Houston Y Howard
Y Lewis Y Lord Y Lucas Y Lunsford N Maddox Y Mangham Y Manning Y Massey E McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
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 Y Sinkfield Y Skipper
On the motion, the ayes were 152, nays 9. The motion prevailed.
4523
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 E Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
Representative Mangham of the 75th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
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 following Senate substitute was read:
A BILL
4524
JOURNAL OF THE HOUSE
To state a general intent to eliminate the future repeal or "sunset" of certain provisions relating to Code Section 43-1-28 of the Official Code of Georgia Annotated, the "Georgia Volunteers in Health Care Specialties Act," Code Section 43-11-52 of the Official Code of Georgia Annotated, the "Georgia Volunteers in Dentistry Act," and Code Section 4334-45.1 of the Official Code of Georgia Annotated, the "Georgia Volunteers in Medicine Health Care Act"; to amend an Act amending Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding professions and businesses, approved May 1, 2000 (Ga. L. 2000, p. 1406), so as to repeal provisions of such Act which provided for a future repeal or "sunset" of the "Georgia Volunteers in Health Care Specialties Act"; to amend an Act amending Article 2 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to licenses for the practice of dentistry, approved April 19, 2001 (Ga. L. 2001, p. 329), so as to repeal provisions of such Act which provided for a future repeal or "sunset" of the "Georgia Volunteers in Dentistry Act"; to amend an Act amending Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding health, approved April 13, 1999 (Ga. L. 1999, p. 266), 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"; to provide for continuation of certain provisions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) It is the general intent of this Act to eliminate the future repeal or "sunset" of the provisions of:
(1) Code Section 43-1-28 of the Official Code of Georgia Annotated, the "Georgia Volunteers in Health Care Specialties Act"; (2) Code Section 43-11-52 of the Official Code of Georgia Annotated, the "Georgia Volunteers in Dentistry Act"; and (3) Code Section 43-34-45.1 of the Official Code of Georgia Annotated, the "Georgia Volunteers in Medicine Health Care Act." (b)(1) Section 2 of an Act amending Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding professions and businesses, approved May 1, 2000 (Ga. L. 2000, p. 1406), which would have provided for a future repeal or "sunset" of Code Section 43-1-28 of the Official Code of Georgia Annotated, the "Georgia Volunteers in Health Care Specialties Act," is hereby repealed. (2) Section 2 of an Act amending Article 2 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to licenses for the practice of dentistry, approved April 19, 2001 (Ga. L. 2001, p. 329), which would have provided for a future repeal or "sunset" of Code Section 43-11-52 of the Official Code of Georgia Annotated, the "Georgia Volunteers in Dentistry Act," is hereby repealed.
FRIDAY, APRIL 12, 2002
4525
(3) Section 2.1 of an Act amending Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding health, approved April 13, 1999 (Ga. L. 1999, p. 266), which would have provided for a future repeal or "sunset" of Code Section 43-34-45.1 of the Official Code of Georgia Annotated, the "Georgia Volunteers in Medicine Health Care Act," is hereby repealed. (c)(1) The provisions of Code Section 43-1-28 of the Official Code of Georgia Annotated, the "Georgia Volunteers in Health Care Specialties Act," which were in effect and applicable on January 1, 2002, shall remain in effect and applicable until and unless changed by future Act of the General Assembly. (2) The provisions of Code Section 43-11-52 of the Official Code of Georgia Annotated, the "Georgia Volunteers in Dentistry Act," which were in effect and applicable on January 1, 2002, shall remain in effect and applicable until and unless changed by future Act of the General Assembly. (3) The provisions of Code Section 43-34-45.1 of the Official Code of Georgia Annotated, the "Georgia Volunteers in Medicine Health Care Act," which were in effect and applicable on January 1, 2002, shall remain in effect and applicable until and unless changed by future Act of the General Assembly.
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Pinholster of the 15th moved that the House agree to the Senate substitute to HB 1344.
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 N Bordeaux
Borders Y Bridges Y Brooks
Y Cox Y Crawford Y Cummings
Davis Y Day
Dean Y Deloach, B E Deloach, G Y Dix
Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin
Jackson, B N Jackson, L
James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye
Keen
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 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 Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes
4526
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
Connell Y Cooper
JOURNAL OF THE HOUSE
Y Forster Y 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 Y Holmes Y Houston Y Howard
Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Massey E McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
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
On the motion, the ayes were 153, nays 3. The motion prevailed.
Y Taylor Teague
N Teper Tillman
Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard E Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
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 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 Senate substitute was read:
A BILL
FRIDAY, APRIL 12, 2002
4527
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 provide certain exemptions from certain local sales and use taxes; 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 new subsections (b) and (c) 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 1008; 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; 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. 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. (c) Where the exception specified in paragraph (2) of subsection (b) of this Code section applies, the tax imposed under subparagraph (a)(1)(F) of Code Section 48-8-111 shall not apply to:
4528
JOURNAL OF THE HOUSE
(1) The furnishing for value to the public of any room or rooms, lodgings, or accommodations which is subject to taxation under Article 3 of Chapter 13 of this title; and (2) The sale of motor vehicles."
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, 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 that are owned by a county or a hospital authority and operated by the county or hospital authority or by an organization which is tax exempt under Section 501(c)(3) of the Internal Revenue Code, which operates the hospital through a contract or lease with the county or 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:
FRIDAY, APRIL 12, 2002
4529
Representative Millar of the 59th moves to amend the Senate substitute to HB 1444 by striking "Any" on line 24 of page 1 and inserting in its place the following:
"In any county in which a homestead option sales and use tax is not levied and imposed pursuant to Article 2A of this chapter, any".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Allen Y Amerson N Anderson N Ashe N Bannister
Barnard N Barnes N Bell N Benfield
Birdsong N Black N Boggs N Bordeaux N Borders N Bridges N Brooks N Broome N Brown Y Buck N Buckner Y Bulloch Y Bunn N Burkhalter Y Burmeister N Byrd Y Callaway N Campbell N Cash N Channell N Childers
Coan Coleman, B N Coleman, T N Collins Y Connell Y Cooper
Cox Crawford N Cummings Y Davis Y Day N Dean N Deloach, B E Deloach, G Dix N Dodson N Drenner N Dukes Ehrhart N Epps N Everett N Floyd Y Forster Y Franklin N Gardner Y Golick N Grasse N Graves N Greene Y Hammontree Hanner N Harbin Y Harrell N Heard N Heckstall N Hembree N Henson N Hines N Holland N Holmes N Houston N Howard
Y Hudgens N Hudson, N N Hudson, S
Hugley Y Irvin
Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce
Kaye N Keen
Knox N Lane N Lanier N Lewis Y Lord N Lucas
Lunsford Maddox N Mangham N Manning E Massey E McBee McCall N McClinton N McKinney Y Millar Y Mills Y Mobley N Morris N Mosley
Y Mueller Y Muntean Y O'Neal N Orrock N Parham N Parrish N Parsons E Pelote Y Pinholster N Poag N Porter
Powell N Purcell Y Ragas N Randall N Ray N Reece N Reed N Reichert Y Rice Y Richardson
Roberts, D Roberts, L Rogers Royal Y Sailor Y Sanders N Scheid N Scott N Seay N Shanahan Shaw N Sholar N Sims N Sinkfield N Skipper
N Smith, B N Smith, C N Smith, C.W N Smith, L N Smith, P N Smith, T E Smith, V N Smyre N Snelling N Snow N Squires N Stallings N Stanley N Stanley-Turner N Stephens N Stokes
Taylor N Teague N Teper
Tillman N Turnquest N Twiggs
Unterman N Walker, L N Walker, R.L Y Watson N West N Westmoreland N Wiles N Wilkinson Y Willard E Williams, J Y Williams, R N Wix N Yates
Murphy, Speaker
On the adoption of the amendment, the ayes were 35, nays 113.
4530
JOURNAL OF THE HOUSE
The amendment was lost.
Representative Broome of the 160th moved that the House agree to the Senate substitute to HB 1444.
On the motion, the roll call was ordered and the vote was as follows:
Y Allen N Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner N Bulloch N Bunn N Burkhalter N Burmeister Y Byrd Y Callaway N Campbell N Cash Y Channell Y Childers N Coan N Coleman, B Y Coleman, T N Collins Y Connell N Cooper
N Cox Y Crawford Y Cummings N Davis Y Day Y Dean Y Deloach, B E Deloach, G
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
Greene N Hammontree
Hanner N Harbin Y Harrell Y Heard Y Heckstall N Hembree Y Henson N Hines Y Holland Y Holmes N Houston Y Howard
N Hudgens Y Hudson, N Y Hudson, S
Hugley N Irvin
Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings Y Johnson Y Jordan N Joyce N Kaye N Keen
Knox Y Lane Y Lanier N Lewis Y Lord Y Lucas
Lunsford Maddox Y Mangham N Manning E Massey E McBee McCall Y McClinton Y McKinney N Millar N Mills Y Mobley Y Morris N Mosley
N Mueller N Muntean Y O'Neal Y Orrock Y Parham Y Parrish N Parsons E 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 Richardson
Roberts, D Roberts, L Y Rogers Y Royal Y Sailor N Sanders N Scheid Y Scott Y Seay Shanahan Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
N Smith, B Y Smith, C N Smith, C.W Y Smith, L Y Smith, P
Smith, T E Smith, V
Smyre Y Snelling Y Snow
Squires Y Stallings Y Stanley Y Stanley-Turner N Stephens Y Stokes
Taylor Y Teague Y Teper
Tillman Y Turnquest Y Twiggs N Unterman Y Walker, L N Walker, R.L Y Watson Y West Y Westmoreland N Wiles N Wilkinson N Willard E Williams, J N Williams, R Y Wix N Yates
Murphy, Speaker
On the motion, the ayes were 100, nays 54. The motion prevailed.
FRIDAY, APRIL 12, 2002
4531
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 410. By Representative Stokes of the 92nd:
A BILL to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to sentencing, so as to allow the trial judge to have continuing authority to modify a sentence for one year from when the sentence is imposed; and for other purposes.
Representative Stokes of the 92nd moved that the House insist on its position in disagreeing to the Senate substitute to HB 410 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 Stokes of the 94th, Jenkins of the 110th and Reed of the 52nd.
The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:
HB 945. By Representative James of the 140th:
A BILL to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for the the establishment of a dog and cat sterilization support program and educational activities; to provide for funds; to provide for rules; to provide for reports; to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to authorize the issuance of license plates promoting the dog and cat sterilization support program and related educational activities of the Department of Agriculture; and for other purposes.
4532
JOURNAL OF THE HOUSE
The following Senate substitute was read:
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 amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to change the minimum number of applications which are necessary for the issuance of special 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."
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:
FRIDAY, APRIL 12, 2002
4533
"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 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
4534
JOURNAL OF THE HOUSE
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. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by striking subsection (b) of Code Section 40-2-60.1, relating to the administrative process for issuance of additional special license plates, and inserting in its place the following:
"(b) The commissioner is authorized to adopt rules and regulations for the issuance of special license plates for groups of individuals and vehicles. Such rules and regulations shall provide that no such special license plate shall be issued except upon the application of at least 500 1,000 persons. The rules and regulations shall provide for the manner of such applications. The rules and regulations shall provide that upon receipt of the requisite number of applications, a special license plate may be issued as provided in this Code section. The rules and regulations may provide for exceptions whereby a special plate will not be issued if the issuance of the plate would adversely affect public safety. The rules and regulations shall provide for the design and manufacture of such special license plates and shall provide that such plates shall be readily recognizable as Georgia license plates through the adoption of a standard design containing a smaller space for the insertion of an appropriate logo or graphic identifying the special nature of the license plate. Subject to the foregoing provisions of this subsection, the design of each special license plate shall be in the discretion of the commissioner."
SECTION 4. (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, Sections 1 and 2 of this Act shall be repealed in their entirety on January 1, 2003, and no such motor vehicle license plates as contemplated in Sections 1 and 2 of this Act shall be issued pursuant to this Act.
FRIDAY, APRIL 12, 2002
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
4535
Representative James of the 140th moved that the House agree to the Senate substitute to HB 945.
On the motion, the roll call was ordered and the vote was as follows:
Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders
Bridges Y Brooks Y Broome
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
Cooper
Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B E Deloach, G Y Dix Y Dodson Y Drenner
Dukes Ehrhart Y Epps Everett Y 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 Y Holmes Y Houston Howard
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce
Kaye Y Keen
Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham
Manning E Massey E McBee
McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley
Morris Y Mosley
Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote Y 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
Roberts, L Rogers Y Royal Y Sailor Y Sanders Scheid Y Scott Y Seay 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 E Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y 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
Wilkinson Willard E Williams, J Y Williams, R Wix Y Yates Murphy, Speaker
On the motion, the ayes were 136, nays 0. The motion prevailed.
4536
JOURNAL OF THE HOUSE
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 Senate amendment was read:
Amend HB 1182 by striking "with the intent to circumvent" and inserting in its place "consistent with" on line 27 of page 3.
Representative Floyd of the 138th moved that the House agree to the Senate amendment to HB 1182.
On the motion, the roll call was ordered and the vote was as follows:
Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y 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 E Callaway
Cox Y Crawford Y Cummings
Davis Y Day Y Dean Y Deloach, B E Deloach, G
Dix Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps
Everett Y Floyd Y Forster N Franklin Y Gardner Y Golick N Grasse Y Graves Y Greene Y Hammontree
Hanner Y Harbin
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan N 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 Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote
Pinholster Y Poag Y Porter
Powell Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Richardson Y Roberts, D 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 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
Turnquest Y Twiggs
Unterman Y Walker, L N Walker, R.L Y Watson
Y Campbell Y Cash Y Channell Y Childers Y Coan
Coleman, B Y Coleman, T Y Collins Y Connell
Cooper
FRIDAY, APRIL 12, 2002
Y Harrell Y Heard
Heckstall Y Hembree Y Henson N Hines Y Holland
Holmes Y Houston
Howard
E Massey E McBee
McCall McClinton McKinney Y Millar Y Mills Mobley Morris Y Mosley
N 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 134, nays 6. The motion prevailed.
4537
Y West Westmoreland
Y Wiles Y Wilkinson Y Willard E Williams, J Y Williams, R
Wix Y Yates
Murphy, Speaker
HB 1830. By Representative Twiggs of the 8th:
A BILL to amend an Act reincorporating the City of Dillard, so as to change the corporate limits of said city; and for other purposes.
The following Senate amendment was read:
Amend HB 1830 by striking all matter on lines 12 through 18 of page 1 and inserting in lieu thereof the following:
"also include the right of way of U.S. Highway 441 (as it currently exists or as modified in the future) as it extends generally northward from the northern boundary of the corporate limits described in subsection (a) of this section to the North Carolina state line."
Representative Twiggs of the 8th moved that the House agree to the Senate amendment to HB 1830.
On the motion the ayes were 110, nays 0.
The motion prevailed.
HR 1075. By Representatives Walker of the 141st, Floyd of the 138th, Ray of the 128th and O'Neal of the 139th:
4538
JOURNAL OF THE HOUSE
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 following Senate substitute was read:
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Houston County, Georgia, in exchange for certain other property in Georgia; authorizing the conveyance of certain state owned real property located in Fulton County, Georgia, in exchange for certain other property in Georgia; authorizing the conveyance of certain state owned property in Houston County, Georgia; to repeal conflicting laws; and for other purposes.
WHEREAS: (1) The State of Georgia is the owner of a certain tract of real property located in Houston County, Georgia; (2) Said real property is all that tract or parcel of land, lying and being in Land Lots 230, 231, 233, and 234 of the 5th District, of Houston County, Georgia, and is more particularly described on a plat of survey entitled "Boundary Survey for Georgia Department of Natural Resources," dated October 8, 1996, by V. T. Hammond, Georgia Registered Land Surveyor No. 2554, containing 544.02 acres and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody and management of the Department of Natural Resources; (4) The United States Air Force is in need of expanding Robins Air Force Base in order to allow for the location of the Joint Surveillance, Tracking and Radar System; (5) The location of the Joint Surveillance, Tracking and Radar System would be of great benefit to the local region and the State of Georgia; (6) A coalition of Houston County and City of Warner Robins governmental entities has come together to help bring about the above-mentioned Robins Air Force Base expansion; and (7) In furtherance of said expansion the above-mentioned coalition have proposed to exchange certain properties owned, or to be owned, by one or more members of the coalition for the above-described state owned property; and
FRIDAY, APRIL 12, 2002
4539
WHEREAS: (1) The State of Georgia is the owner of a certain tract of real property located in Fulton County, Georgia; (2) Said real property is all that tract or parcel of land, lying and being in Land Lot 84 of the 14th District, of Fulton County, Georgia, and is more particularly described on a drawing entitled "Georgia World Congress Center Property to be exchanged with Georgia Power Company", dated February 27, 2002, containing approximately 0.09 of one acre and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody and management of the Georgia World Congress Center; (4) Georgia Power Company is the owner of a certain parcel adjoining the abovedescribed state owned property and equal to its size; (5) The Georgia World Congress Center is desirous of exchanging the abovedescribed state owned property for the above-mentioned adjoining property owned by Georgia Power Company; and (6) Georgia Power is desirous of making the above-mentioned exchange of properties; and
WHEREAS: (1) The State of Georgia is the owner of a certain tract of real property located in Houston County, Georgia; (2) Said real property is all that tract or parcel of land, lying and being in the upper 5th District of Houston County, Georgia, containing approximately 139.9 acres, and being part of Land Lots 83 and 84, and being more particularly described in a plat of survey by Cherokee Engineering Company dated June 1957, entitled "Property of the State of Georgia, Georgia Forestry Commission" (recorded in Map Book 4, page 266, in Houston County Deed Records) on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody and management of the Georgia Forestry Commission; (4) The Houston County Development Authority is desirous of acquiring the abovedescribed state owned property for the purpose of enhancing growth in the region; and (5) The Georgia Forestry Commission has no objection to this conveyance to the Houston County Development Authority.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
4540
JOURNAL OF THE HOUSE
ARTICLE I SECTION 1.
That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 2. That the above-described state owned real property may be conveyed by appropriate instrument to the appropriate local Houston County or City of Warner Robins governmental entity or entities by the State of Georgia, acting by and through the State Properties Commission in exchange for certain real properties owned by the appropriate local Houston County and City of Warner Robins governmental entity or entities; and said exchange shall be for tracts or parcels of real property of equal value and any difference in values of the tracts or parcels to be exchanged may be made equal by monetary consideration and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 3. That the authorization in this resolution to convey the above-described property to the appropriate Houston County or City of Warner Robins governmental entity or entities in exchange for certain properties owned by the appropriate Houston County or City of Warner Robins governmental entity or entities shall expire three years after the date that this resolution becomes effective.
SECTION 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such exchange.
SECTION 5. That the deed of conveyance or the above-described state owned property shall be recorded by the grantee in the Superior Court of Houston County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 6. That custody of the above-described property shall remain in the custody of the Department of Natural Resources until the property is conveyed to the appropriate Houston County or City of Warner Robins governmental entity or entities.
ARTICLE II SECTION 7.
FRIDAY, APRIL 12, 2002
4541
That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 8. That the above-described state owned real property may be conveyed by appropriate instrument to Georgia Power Company by the State of Georgia, acting by and through the State Properties Commission, in exchange for certain real property owned by Georgia Power Company; and said exchange shall be for tracts or parcels of real property of equal value as determined by the State Properties Commission to be in the best interest of the State of Georgia and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 9. That the authorization in this resolution to convey the above-described property to Georgia Power Company in exchange for certain property owned by Georgia Power Company shall expire three years after the date that this resolution becomes effective.
SECTION 10. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such exchange.
SECTION 11. That the deeds of conveyance of the above-described state owned property shall be recorded by the grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 12. That custody of the above-described state owned property shall remain in the Georgia World Congress Center until the property is conveyed to Georgia Power Company.
ARTICLE III SECTION 13.
That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 14. That the above-described state owned real property may be conveyed by appropriate instrument to the Houston County Development Authority for a consideration of $686,000.00 and such further consideration and provisions as the State Properties
4542
JOURNAL OF THE HOUSE
Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 15. That, for a period of three years from the date the Houston County Development Authority acquires the above-described property, should the Houston County Development Authority determine the need to sell all or a portion of said property as surplus and not for a project within its statutory purposes, then before any disposition of such property, the State of Georgia acting by and through its State Properties Commission shall have the right to purchase said property for the consideration equal to the amount the Houston County Development Authority paid to the state for such property or portion thereof plus the value of any improvements made to such property.
SECTION 16. That the authorization in this resolution to convey the above-described property to the Houston County Development Authority shall expire three years after the date that this resolution becomes effective.
SECTION 17. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such exchange.
SECTION 18. That the deed of conveyance of the above-described state owned property shall be recorded by the grantee in the Superior Court of Houston County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 19. That custody of the above-described state owned property shall remain in the custody of the Georgia Forestry Commission until the property is conveyed to the Houston County Development Authority.
ARTICLE IV SECTION 20.
That all laws and parts of laws in conflict with this resolution are repealed.
Representative Walker of the 141st moved that the House agree to the Senate substitute to HR 1075.
On the motion, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes 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 E Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
FRIDAY, APRIL 12, 2002
Cox Y Crawford
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 Y Floyd Y Forster Y 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 Y Holmes Y Houston
Howard
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin 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 Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning E Massey E McBee McCall Y McClinton 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 E Pelote
Pinholster 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
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
On the motion, the ayes were 150, nays 0. The motion prevailed.
4543
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 Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y 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 E Williams, J Y Williams, R Wix Y Yates Murphy, Speaker
HB 1816. By Representative Holland of the 157th: A BILL to create the State Court of Turner County; and for other purposes.
The following Senate amendment was read:
4544
JOURNAL OF THE HOUSE
Amend HB 1816 by striking lines 19 through 21 of page 4 and inserting in lieu thereof the following:
"ending December 31, 2004. The solicitor shall be subject to the same residency provisions as the judge of the State Court of Turner County."
By striking on line 25 of page 5 the figure "$250.00" and inserting in lieu thereof the figure "$300.00 per month".
Representative Holland of the 157th moved that the House agree to the Senate amendment to HB 1816.
On the motion the ayes were 110, nays 0.
The motion prevailed.
HB 1833. By Representative Holland of the 157th:
A BILL to amend an Act entitled "An Act to establish a City Court in the City of Sylvester, County of Worth," such court now known as the State Court of Worth County, so as to provide for jurisdiction of such court; and for other purposes.
The following Senate amendment was read:
Amend HB 1833 by striking lines 12 and 13 of page 1 and inserting in lieu thereof the following:
"general of said court; to provide an effective date; to repeal conflicting".
By striking line 5 of page 3 and inserting in lieu thereof the following:
"Worth County suitable courtroom space and facilities. Further, the governing authority of Worth County shall furnish the judge of the State Court of Worth County a copy of the Official Code of".
By inserting between the word "court" and the period on line 9 of page 3 the following:
"subject to the approval of the governing authority of Worth County".
FRIDAY, APRIL 12, 2002
4545
By striking line 8 of page 4 and inserting in lieu thereof the following:
"Court of Worth County suitable courtroom space and facilities. Further, the governing authority of Worth County shall furnish the judge of the State Court of Worth County a copy of the Official Code".
By inserting between the word "court" and the period on line 12 of page 4 the following:
"subject to the approval of the governing authority of Worth County".
By striking lines 19 through 26 of page 4.
By renumbering Sections 5 and 6 as Sections 4 and 5, respectively.
Representative Holland of the 157th moved that the House agree to the Senate amendment to HB 1833.
On the motion the ayes were 110, nays 0.
The motion prevailed.
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.
The following Senate amendment was read:
4546
JOURNAL OF THE HOUSE
Amend HB 1582 by adding on page 4; line 21 after "kind;" and inserting the following "except hospital liens".
Representative Walker of the 141st moved that the House agree to the Senate amendment to HB 1582.
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
Bordeaux Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Bunn Y Burkhalter Y Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Collins Y Connell Y Cooper
Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B E Deloach, G Y 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 Y Greene Y Hammontree
Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce Y Kaye Y Keen Y Knox Y Lane
Lanier Y Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham
Manning E Massey E McBee Y McCall Y McClinton
McKinney Millar Y Mills Y Mobley Morris Y Mosley
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
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 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 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 E Williams, J Y Williams, R Wix Y Yates Murphy, Speaker
On the motion, the ayes were 148, nays 2. The motion prevailed.
FRIDAY, APRIL 12, 2002
4547
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 Senate substitute was read:
A BILL
To amend Part 2 of Article 2 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to professional bondsmen, so as to require a person seeking to operate as a professional bondsman to undergo a criminal background investigation and fingerprint check with the Georgia Crime Information Center and the Federal Bureau of Investigation; 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 Sections 317-250 through 31-7-264 shall apply to personal care homes; to provide for effective dates; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION A. 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
4548
JOURNAL OF THE HOUSE
submit a full set of fingerprints to the Federal Bureau of Investigation for a national criminal history record check."
SECTION 1. 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, is amended by striking Code Section 31-7-250, relating to definitions, and inserting in its place the following:
"31-7-250. As used in this article, the term:
(1) 'Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. (2) 'Crime' means commission of any of the following offenses:
(A) A a violation of Code Section 16-5-21, relating to aggravated assault; (B) A a violation of Code Section 16-5-24, relating to aggravated battery; (C) A a violation of Code Section 16-6-1, relating to rape; (D) A felony a violation of Code Section 16-8-2, relating to theft by taking; (E) A felony a violation of Code Section 16-8-3, relating to theft by deception; (F) A felony a violation of Code Section 16-8-4, relating to theft by conversion; (G) A a violation of Code Section 16-9-1 or 16-9-2, relating to forgery in the first and second degree, respectively; (H) A a violation of Code Section 16-5-1, relating to murder and felony murder; (I) A a violation of Code Section 16-4-1, relating to criminal attempt as it concerns attempted murder; (J) A a violation of Code Section 16-8-40, relating to robbery; (K) A a violation of Code Section 16-8-41, relating to armed robbery; (L) A violation of Chapter 13 of Title 16, relating to controlled substances; (M) A violation of Code Section 16-5-23.1, relating to battery; (N) A violation of Code Section 16-6-5.1, relating to sexual assault against a person in custody; (O) A violation of Code Section 30-5-8, relating to abuse, neglect, or exploitation of a disabled adult or elder person; or (P) Any any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere. (3) 'Criminal record' means any of the following: (A) Conviction of a crime; (B) Arrest, charge, and sentencing for a crime where:
(i) A plea of nolo contendere was entered to the charge; (ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (iii) Adjudication or sentence was otherwise withheld or not entered on the charge; or
FRIDAY, APRIL 12, 2002
4549
(C) Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17. (4) 'Director' means the chief administrative or executive officer or manager of a facility. (5) 'Employee' means any person, other than a director, employed utilized by a personal care home to provide personal services to any resident on behalf of the personal care home or to perform at any facilities of the personal care home any duties which involve personal contact between that person and any paying resident of the personal care home. (6) 'Facility' means real property of a personal care home where residents reside. (7) 'Fingerprint records check determination' means a satisfactory or unsatisfactory determination by the department based upon a records check comparison of GCIC information with fingerprints and other information in a records check application. (8) 'GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35. (9) 'GCIC information' means criminal history record information as defined in Code Section 35-3-30. (10) 'License' means the permit or document issued by the department to authorize the personal care home to which it is issued to operate a facility under this chapter. (11) 'Personal care home' or 'home' means a home required to be licensed or permitted under Code Section 31-7-12. (11.1) 'Personal services' includes, but is not limited to, individual assistance with or supervision of self-administered medication and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting. (12) 'Preliminary records check application' means an application for a preliminary records check determination on forms provided by the department. (13) 'Preliminary records check determination' means a satisfactory or unsatisfactory determination by the department based only upon a comparison of GCIC information with other than fingerprint information regarding the person upon whom the records check is being performed. (14) 'Records check application' means two sets of classifiable fingerprints, a records search fee to be established by the department by rule and regulation, payable in such form as the department may direct to cover the cost of a fingerprint records check under this article, and an affidavit by the applicant disclosing the nature and date of any arrest, charge, or conviction of the applicant for the violation of any law, except for motor vehicle parking violations, whether or not the violation occurred in this state, and such additional information as the department may require. (15) 'Regular license' means a permit which will remain in effect for the personal care home, until and unless the facility ceases to operate or revocation proceedings are commenced. (16) 'Satisfactory determination' means a written determination that a person for whom a records check was performed was found to have no criminal record.
4550
JOURNAL OF THE HOUSE
(17) 'Temporary license' means a provisional permit which expires six months or 12 months from the date of issuance, unless extended for good cause by the department. (18) 'Unsatisfactory determination' means a written determination that a person for whom a records check was performed has a criminal record."
SECTION 2. Said title is further amended by striking Code Section 31-7-252, relating to director records check applications and employee preliminary records check applications, and inserting in its place the following:
"31-7-252. Accompanying any application for a new license for a facility, the applicant shall furnish to the department a records check application and a preliminary records check application for the director and a preliminary records check application for each employee of such facility. In lieu of such records check applications, the applicant may submit evidence, satisfactory to the department, that within the immediately preceding 12 months the director received a satisfactory fingerprint records check determination and each employee received a satisfactory preliminary records check determination. The department shall contract either with GCIC and or other appropriate law enforcement agencies which have access to GCIC information to perform itself or have those agencies perform for the department a preliminary records check for each records check application and preliminary records check application submitted thereto by the department; and the department shall make a written determination based upon that records check."
SECTION 3. Said title is further amended by striking Code Section 31-7-253, relating to written notification as to records check determinations, effect of unsatisfactory determinations, and issuance of temporary licenses, and inserting in its place the following:
"31-7-253. After being furnished the required records check application and preliminary records check application applications under Code Section 31-7-252, the department shall notify in writing the license applicant as to each person for whom an application was received regarding whether the departments determination as to that persons preliminary records check was satisfactory or unsatisfactory. If the preliminary records check determination was satisfactory as to the director and each employee of an applicants the facility, that applicant may be issued a temporary license for that facility if the applicant otherwise qualifies for a license under Article 1 of this chapter. If the determination was unsatisfactory as to the director of an applicants the facility, the applicant shall designate another director for that facility after receiving notification of the determination and proceed under Code Section 31-7-252 and this Code section to obtain a preliminary records check for that newly designated director. If the determination was unsatisfactory as to any employee of an applicants facility, the applicant shall, after receiving notification of that determination, take such steps as are
FRIDAY, APRIL 12, 2002
4551
necessary so that such person is no longer an employee. The applicant may not be issued a temporary license for that facility until the department has determined under the procedures of Code Section 31-7-252 and this Code section that the director and each employee have has a satisfactory preliminary records check determination."
SECTION 4. Said title is further amended by striking Code Section 31-7-254, relating to transmission of directors fingerprints to GCIC for review and notification to the department of findings, and inserting in its place the following:
"31-7-254. After issuing a temporary license based upon a satisfactory preliminary records check determination of the director and each employee under Code Section 31-7-253, the department shall transmit to GCIC both sets of fingerprints and the records search fee from that directors records check application. Upon receipt thereof, GCIC shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its records and records to which it has access. Within 75 days after receiving fingerprints acceptable to GCIC, the application, and fee, GCIC shall notify the department in writing of any derogatory finding, including but not limited to any criminal record, of the fingerprint records check or if there is no such finding."
SECTION 5. Said title is further amended by striking Code Section 31-7-255, relating to issuance of regular licenses, and inserting in its place the following:
"31-7-255. After receiving a GCIC notification regarding a directors fingerprint records check under Code Section 31-7-254, the department shall make a determination based thereon and notify in writing the license applicant as to whether that records check was satisfactory or unsatisfactory. If the fingerprint records check determination was satisfactory as to the director of an applicants the facility and each employee of that facility has received a satisfactory preliminary records check, that applicant may be issued a regular license for that facility. If the fingerprint records check determination was unsatisfactory as to the director of an applicants the facility, after receiving notification of that determination, that applicant shall designate another director for such facility, for which director the applicant has not received or made an unsatisfactory preliminary or fingerprint records check determination, and proceed under the requirements of Code Sections 31-7-252 through 31-7-254 and this Code section to obtain a preliminary records check and fingerprint records check determination for the newly designated director. The applicant may not be issued a regular license for that facility until the facility director has a satisfactory fingerprint records check determination and each employee has a satisfactory preliminary records check determination."
4552
JOURNAL OF THE HOUSE
SECTION 6. Said title is further amended by striking Code Section 31-7-256, relating to expiration of facility licenses prior to July 1, 1985 and issuance of temporary or regular licenses, and inserting in its place the following:
"31-7-256. Reserved. All licenses issued to facilities prior to July 1, 1985, shall expire December 31, 1985. Upon the expiration of any license issued prior to July 1, 1985, the personal care home to which such license was issued shall be required to obtain a separate license for each of the personal care home's existing facilities and shall have a separate director for each such facility. An existing facility whose license so expires may only be issued a temporary license until that facility qualifies for a regular license, unless that facility submits evidence, satisfactory to the department, that within the immediately preceding 12 months the director received a satisfactory fingerprint records check determination and each employee received a satisfactory preliminary records check determination, in which event that facility may be issued a regular license without first having to obtain a temporary license. A temporary or regular license may only be issued if the facility otherwise qualifies for a license pursuant to Article 1 of this chapter. Any new facility in this state first owned or operated on or after July 1, 1985, by a personal care home already licensed in this state shall be required to have a new license issued pursuant to Code Sections 31-7-251 through 31-7-255."
SECTION 7. Said title is further amended by striking Code Section 31-7-257, relating to procedure upon issuance of temporary licenses, and inserting in its place the following:
"31-7-257. Reserved. After a temporary license is issued to an existing facility pursuant to Code Section 31-7-256, the personal care home to whom the license was issued shall furnish to the department a fingerprint records check application for the director and a preliminary records check application for each employee of each of the personal care home's facilities for which a temporary license was issued. After receiving those applications, the department shall proceed to have made records check determinations based upon such applications and may only issue a regular license to any such facility under the conditions and procedures provided in Code Sections 31-7-252 through 31-7255."
SECTION 8. Said title is further amended by striking Code Section 31-7-259, relating to preliminary records check determination, suspension or revocation of license, refusal to issue regular license, fingerprint check, employment history, and directors criminal liability, and inserting in its place the following:
FRIDAY, APRIL 12, 2002
4553
"31-7-259. (a) Before a person may become a director of any facility that has received either a temporary or regular license, that facility shall require that person to furnish to the department a preliminary records check application and a records check application and the department shall, under the procedures of Code Sections 31-7-252 and 31-7-253, make a preliminary records check determination and send notice thereof to the facility and director prior to the director beginning work. If the preliminary records check is unsatisfactory, the facility shall not hire the director. If the subsequent fingerprint records check determination is unsatisfactory, the facility shall take such steps as are necessary so that such person is no longer the director of the facility. (a)(b) Before a person may become an employee of any facility after that facility has received a temporary or regular license, that facility shall require that person to furnish to the department a preliminary records check application, and the department shall, under the procedures of Code Sections 31-7-252 and 31-7-253, have made a preliminary records check determination and sent notice thereof to the facility and employee. If the determination is unsatisfactory, the facility shall take such steps as are necessary so that such person is no longer an employee. Before a person may become an employee of a facility, each potential employee of a facility shall request a criminal record check from a local law enforcement agency and submit the results of the criminal record check to the facility. The personal care home shall be authorized to rely on written information received from a local law enforcement agency, GCIC, or other official agency to determine whether the applicant for employment has a criminal record. A personal care home shall not employ a person with an unsatisfactory determination. (c) In addition, where an applicant for employment at a personal care home has not been a resident of the state for a period of three years preceding the date of application for employment, the personal care home shall attempt to obtain a criminal record check from the local law enforcement agency of the applicants previous state of residence. If the local criminal record check from either the applicants previous state of residence or this state indicates multistate offender status, the personal care home shall not employ the applicant until a determination is made as to whether the applicant has a criminal record. If the personal care home elects to determine the nature of the criminal activity, the personal care home shall transmit the preliminary records check application and the records check application on behalf of the potential employee to the department for processing through the GCIC. A personal care home shall not employ a person with an unsatisfactory determination. (d) If the personal care home is unable to obtain a criminal record check from the local law enforcement agency of the applicants previous state of residence, it shall transmit a records check application to the department which shall process the application through the GCIC. A personal care home shall not employ a person with an unsatisfactory determination. (e) The fee for a criminal records check under this Code section shall be no greater than the actual cost of processing the request, and shall be paid by the personal care
4554
JOURNAL OF THE HOUSE
home or by the applicant for employment. The law enforcement agency of this state receiving the request shall perform a criminal record check for a personal care home within a reasonable time but in any event within a period not to exceed three days of receiving the request. (f) Each application form provided by the employer to the applicant for employment shall conspicuously state the following: 'FOR THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A CRIMINAL RECORD CHECK AS A CONDITION OF EMPLOYMENT.' (b)(g) Both temporary and regular licenses are subject to suspension or revocation or the department may refuse to issue a regular license if a person becomes a director or employee subsequent to the granting of a license and that person does not undergo the records checks applicable to that director or employee and receive a satisfactory determination. (c)(h) After the issuance of a regular or temporary license, the department may require a fingerprint records check on any director or employee to confirm identification for records search purposes, when an unsatisfactory preliminary records check is received, when subsequent to a preliminary records check the department has reason to believe the applicant has a criminal record, or when subsequent to a preliminary records check, the department has reason to believe that the director or employee has a criminal record. The department may require a fingerprints record check on any director or employee during the course of an abuse investigation involving the director or employee. In such instances, the department shall require the director or employee to furnish two full sets of fingerprints which the department shall submit to the GCIC together with appropriate fees collected from the director or employee or personal care home. Upon receipt thereof, the GCIC shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and retain the other set and promptly conduct a search of its records and records to which it has access. The GCIC shall notify the department in writing of any derogatory finding, including but not limited to any criminal record obtained through the fingerprint record check or if there is no such finding. Where the department determines that the director or employee has a criminal record, the department shall notify the facility of the unsatisfactory determination and the facility shall take such steps as are necessary so that such person is no longer the director or an employee of the facility. (d)(i) No personal care home may have any person as an employee after January 1, 1986 July 1, 2002, unless there is on file in the personal care home an employment history for that person and a satisfactory determination that the person does not have a criminal record. (e)(j) Except as provided in subsection (l) of this Code section, a director A director of a facility having an employee whom that director knows or should reasonably know to have a criminal record, as defined in Code Section 31-7-250, shall be guilty of a misdemeanor.
FRIDAY, APRIL 12, 2002
4555
(k) The provisions of this Code section shall not apply to a member of the administrative staff or an applicant for an administrative staff position of a personal care home whose duties do not include management of resident funds or personal contact between that person and any paying resident of the home. (l) Where a personal care home determines that an applicant for employment has a criminal record but there are matters in mitigation of the criminal record, no physical harm was done to the victim, and the personal care home would like to hire the applicant, the personal care home may submit an application for a preliminary records check to the department on behalf of the potential employee on forms provided by the department. The personal care home shall not hire the potential employee to work in the home until the personal care home receives notification from the department that the applicant either has a satisfactory criminal record check or an administrative law judge has determined that the applicant is authorized to work in a personal care home. (m) Except as provided in subsection (l) of this Code section, a personal care home that hires an applicant for employment with a criminal record is in violation of licensing requirements and the department is authorized to impose a civil penalty pursuant to the authority granted it under the rules and regulations for the enforcement of licensing requirements."
SECTION 9. Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, is amended in Code Section 49-2-14, relating to record search for conviction data on prospective Department of Human Resources employees, by striking subsection (e) and inserting in its place the following:
"(e) Notwithstanding the provisions of subsection (c) of this Code section, when a contractor to this department is a personal care home, the provisions of Code Sections 31-7-250 through 31-7-264 shall apply. (f) The department may promulgate written rules and regulations to implement the provisions of this Code section."
SECTION 10. Section A of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The remaining sections of this Act shall become effective on July 1, 2002.
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.
Representative Walker of the 141st moved that the House agree to the Senate substitute to HB 1413.
On the motion, the roll call was ordered and the vote was as follows:
4556
JOURNAL OF THE HOUSE
Y Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell
Benfield Y Birdsong Y Black Y Boggs
Bordeaux Y Borders Y Bridges Y Brooks Y Broome
Brown Y Buck Y Buckner Y Bulloch
Bunn Y Burkhalter Y Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B E 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 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 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
Lanier Y Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham Y Manning E Massey E McBee Y McCall Y McClinton
McKinney Millar Y Mills Y Mobley Morris Y Mosley
On the motion, the ayes were 149, nays 0. The motion prevailed.
Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote Y Pinholster 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
Roberts, L Y Rogers Y Royal Y Sailor
Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T 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 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 E Williams, J Y Williams, R Wix Y Yates Murphy, Speaker
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.
FRIDAY, APRIL 12, 2002
4557
The following Senate amendment was read:
Amend HR 1327 by striking lines 1 and 2 of page 1 and inserting in lieu thereof the following:
"Designating portions of the state highway system; and for other purposes."
By inserting between lines 2 and 3 of page 1 the following:
"Part I".
By striking lines 16 through 19 of page 1.
By inserting before line 1 of page 2 the following:
"Part II 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 Georgia's High Tech Corridor, and the Department of Transportation is authorized and directed to erect and maintain signs so identifying the corridor.
Part III".
Representative Connell of the 115th moved that the House agree to the Senate amendment to HR 1327.
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 Cox Y Crawford Y Cummings N Davis N Day
Dean Y Deloach, B E Deloach, G Y Dix Y Dodson Y Drenner Y 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 Y Parsons E Pelote Y Pinholster Y 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 E Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley
4558
Borders Y Bridges Y Brooks Y Broome
Brown Y Buck Y Buckner Y Bulloch
Bunn Y Burkhalter Y Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
JOURNAL OF THE HOUSE
Y Epps Y Everett Y Floyd Y Forster N Franklin Y Gardner
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 Y Holmes Y Houston Y Howard
N Joyce Y Kaye Y Keen Y Knox Y Lane
Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning E Massey E McBee Y McCall Y McClinton
McKinney Millar Y Mills Y Mobley 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 N Sanders Y Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar N Sims Y Sinkfield
Skipper
On the motion, the ayes were 147, nays 6. The motion prevailed.
Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague
Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard E Williams, J Y Williams, R
Wix Y Yates
Murphy, Speaker
Representative Skipper of the 137th assumed the chair.
Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 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.
FRIDAY, APRIL 12, 2002
4559
The report of the Committee, which was favorable to the 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 Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch
Bunn Y Burkhalter
Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B E 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
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
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Lane Lanier Y Lewis Y Lord Lucas Y Lunsford Y Maddox Y Mangham Y Manning E Massey E McBee McCall Y McClinton 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 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
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
Skipper
Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T E Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley
Stanley-Turner Y Stephens Y Stokes
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 E Williams, J Y Williams, R
Wix Y Yates
Murphy, Speaker
On the passage of the Bill, the ayes were 145, nays 0. The Bill, having received the requisite constitutional majority, was passed.
The Speaker assumed the Chair.
4560
JOURNAL OF THE HOUSE
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
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 Senate 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 charters, termination of charters, and allotment of state, local, and federal funds; 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
FRIDAY, APRIL 12, 2002
4561
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 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. (5) 'Faculty and instructional staff members' means all certificated personnel assigned to the school on a full-time basis and all paraprofessionals assigned to the school on a
4562
JOURNAL OF THE HOUSE
full-time basis. The term 'paraprofessional' shall have the same meaning as set out in Code Section 20-2-204. (4)(6) '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. (7) '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)(8) 'Local school' means a public school in Georgia which that is under the management and control of a local board. (6)(9) '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. (10) 'Local tax revenue' means local taxes budgeted 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)(11) 'Petition' means a proposal to enter into a charter establish a charter school. (12) '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. (13) 'Special school' means a school whose creation is authorized pursuant to Article VIII, Section V, Paragraph VII of the Constitution. (14) 'Start-up charter school' means a charter school that did not exist as a local school prior to becoming a charter school. (9)(15) 'State board' means the State Board of Education. (16) '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;
FRIDAY, APRIL 12, 2002
4563
(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; (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:
4564
JOURNAL OF THE HOUSE
(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. A denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial. (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 approval of the petition, but such approval must be obtained by majority vote of the local board resolving issues which led to denial of the petition by the local board.
FRIDAY, APRIL 12, 2002
4565
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. (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:
4566
JOURNAL OF THE HOUSE
(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; (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; provided, however, that this paragraph shall not apply to conversion charter schools;
FRIDAY, APRIL 12, 2002
4567
(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.; (9) Subject to all reporting requirements of Code Section 20-2-320; (10) Subject to the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133; and (11) Subject to the provisions of Code Section 20-2-1050 requiring a brief period of quiet reflection. (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 as specified in the charter 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. (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. (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 as specified in the charter unless the number of applications exceeds the capacity of a
4568
JOURNAL OF THE HOUSE
program, class, grade level, or building. The period of time during which an application for enrollment may be submitted shall be specified in the charter. 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
FRIDAY, APRIL 12, 2002
4569
(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; or (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
4570
JOURNAL OF THE HOUSE
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 QBE formula earnings, applicable QBE grants, applicable nonQBE state grants, and applicable federal grants to
FRIDAY, APRIL 12, 2002
4571
the local school system in which the local charter 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 earnings, applicable QBE grants, applicable nonQBE state grants, and applicable federal grants earned by a local charter school shall be distributed to the local charter school by the local board; provided, however, that state equalization grant earnings shall be distributed as provided in subsection (c) of this Code section. The local charter school shall report enrolled students in a manner consistent with Code Section 20-2-160. (c) In addition to the earnings set out in subsection (b) of this Code section local tax revenue shall be earned by 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 20-2-160; (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 a greater 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 earnings, applicable QBE grants, applicable nonQBE state grants, and applicable 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; provided, however, that a state chartered special school shall not be included in the calculation and distribution of the local school systems equalization
4572
JOURNAL OF THE HOUSE
grant unless the voters of the local school system have approved the use of local tax revenue to support the state chartered special school in accordance with subsection (e) of this Code section. If such approval has been given, state equalization grant earnings shall be earned for the state chartered special school and shall be distributed as provided in subsection (f) of this Code section. The local board shall not be responsible for the fiscal management, accounting, or oversight of the state chartered special school. The state chartered special school shall report enrolled students in a manner consistent with Code Section 20-2-160. 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. (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 may otherwise be authorized at an earlier date by the local board or boards of education affected. 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. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representatives Williams of the 83rd and Kaye of the 37th move to amend the Senate substitute to HB 1200 by striking "specifically identified" from line 15 of page 2 and line 16 of page 5.
By adding the word "and" at the end of line 18 of page 5 and by striking lines 22 through 25 of page 5 and inserting in lieu thereof the following:
"Chapter 14 of this title."
FRIDAY, APRIL 12, 2002
4573
By striking lines 15 through 17 of page 8 and inserting in lieu thereof the following: "(a) A The local board and state board shall ensure that a charter".
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
Barnard N Barnes N Bell N Benfield
Birdsong Black Boggs N Bordeaux Borders Y Bridges N Brooks N Broome Y Brown N Buck Buckner Bulloch Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Cash N Channell N Childers Y Coan Y Coleman, B N Coleman, T Collins N Connell Y Cooper
N Cox N Crawford N Cummings Y Davis N Day
Dean N Deloach, B E Deloach, G Y Dix N 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 Y Harbin N Harrell N Heard N Heckstall
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
Lanier Y Lewis
Lord N Lucas Y Lunsford
Maddox Y Mangham Y Manning E Massey E McBee
McCall N McClinton N McKinney
Millar Y Mills N Mobley
Morris N Mosley
Y Mueller Y Muntean N O'Neal N Orrock N Parham N Parrish
Parsons E Pelote
Pinholster Y Poag N Porter Y Powell N Purcell N Ragas Y Randall Y Ray N Reece N Reed N Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L N Rogers N Royal
Sailor Y Sanders Y Scheid Y Scott N Seay
Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper
Y Smith, B N Smith, C Y Smith, C.W
Smith, L N Smith, P N Smith, T E 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
Tillman N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles
Wilkinson Y Willard E Williams, J
Williams, R Wix Y Yates Murphy, Speaker
On the adoption of the amendment, the ayes were 57, nays 87. The amendment was lost.
4574
JOURNAL OF THE HOUSE
Representative Mangham of the 75th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
Representative Ashe of the 46th moved that the House agree to the Senate substitute to HB 1200.
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
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch
Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T
Collins Y Connell
Cooper
Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B E 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
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 Y Mangham Y Manning E Massey E McBee
McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley
Morris 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
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 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
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 E Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
On the motion, the ayes were 156, nays 0. The motion prevailed.
FRIDAY, APRIL 12, 2002
4575
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
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 following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 498
The Committee of Conference on HB 498 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 498 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Eric B. Johnson Senator, 1st District
/s/ Carl Von Epps Representative, 131st District
/s/ Connie Stokes Senator, 43rd District
/s/ Roger Byrd Representative, 170th District
/s/ Charles W. Walker Senator, 22nd District
/s/ Tom Bordeaux Representative, 151st District
4576
JOURNAL OF THE HOUSE
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 mental health, developmental disabilities, and addictive diseases 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 Developmental Disabilities, and Addictive Diseases of the Department of Human Resources;".
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
FRIDAY, APRIL 12, 2002
4577
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 Developmental Disabilities, and Addictive Diseases 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 Developmental Disabilities, and Addictive Diseases 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 developmental disabilities, and addictive diseases service board created under Chapter 2 of Title 37 to provide certain mental health, mental retardation, and substance abuse developmental disabilities, and addictive diseases 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 developmental disabilities, and addictive diseases 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 37-26, the county board of health shall appoint a director for mental health, mental retardation, and substance abuse developmental disabilities, and addictive diseases 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 developmental disabilities, and addictive diseases, 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 developmental disabilities, and
4578
JOURNAL OF THE HOUSE
addictive diseases or such supervisor of the specific service shall report directly to the community service board or the county board of health, whichever is applicable, and shall have no formal reporting relationship with the director of the county board of health. If a county board of health exercises the authority granted pursuant to this Code section and Chapter 2 of Title 37 to serve as a community service board, the membership of the county board of health shall constitute the community service board and, at any time that such members are exercising duties and powers related to mental health, mental retardation, and substance abuse developmental disabilities, and addictive diseases, 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 Developmental Disabilities, and Addictive Diseases, 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. Said title is further amended by striking subparagraph (A) of paragraph (1) of Code Section 31-7-1, relating to definitions, and inserting in its place the following:
"(A) Reserved Any community living arrangements as defined in paragraph (16) of subsection (b) of Code Section 37-1-20;".
SECTION 1-6. 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
FRIDAY, APRIL 12, 2002
4579
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:
(1) 'Addictive disease' means the abuse of, addiction to, or dependence upon alcohol or other drugs and includes substance abuse. (2) 'Board' means the Board of Human Resources. (3) 'Commissioner' means the commissioner of human resources. (4) 'Community service board' means a public mental health, developmental disabilities, and addictive diseases board established pursuant to Code Section 37-2-6. (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 Mental Health, Developmental Disabilities, and Addictive Diseases. (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 coordinator' 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 mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3. (15) 'Regional office' means a Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources office created pursuant to Code Section 37-2-4.1. Such office shall serve as the entity for the administration of disability services in a region.
4580
JOURNAL OF THE HOUSE
(16) 'Regional planning board' means a mental health, developmental disabilities, and addictive diseases planning board established in accordance with Code Section 37-24.1. (17) 'Regional services administrator' means an employee of the department who, under the supervision of the regional coordinator, 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 mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3. (18) '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 coordinator, 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 mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3. (19) 'Resident' means a person who is a legal resident of the State of Georgia. (20) '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 mental health, developmental disability, and addictive disease services. The General Assembly also finds that the needs of the publicly funded mental health, developmental disability, and addictive disease 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 mental health, developmental disability, or addictive disease 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
FRIDAY, APRIL 12, 2002
4581
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; (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 mental health, developmental disabilities, or addictive disease needs 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 mental health, developmental disability, and addictive disease 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 mental health, developmental disability, and addictive disease 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 Mental Health, Developmental Disabilities, and Addictive Diseases shall be a division of the department and shall be managed by a director whose qualifications meet standards set by the board.
4582
JOURNAL OF THE HOUSE
(b) The department, through the division, shall: (1) Establish, administer, and supervise the state programs for mental health, developmental disabilities, and addictive diseases; (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 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 mental health, developmental disability, and addictive disease services in institutions and in the community under the supervision of a regional coordinator; (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 mental health, developmental disabilities, and addictive diseases 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; (11) Disseminate information about available services and the facilities through which such services may be obtained; (12) Supervise the regional offices exercise of its responsibility and authority concerning funding and delivery of disability services; (13) Supervise the regional offices concerning the receipt and administration of grants, gifts, moneys, and donations for purposes pertaining to mental health, developmental disabilities, and addictive diseases;
FRIDAY, APRIL 12, 2002
4583
(14) Supervise the regional offices concerning making contracts with any hospital, community service board, or any public or private providers without regard to regional or state boundaries for the provision of disability services and in making and entering into all contracts necessary or incidental to the performance of the duties and functions of the division and the regional offices; (15) Regulate the delivery of care, including behavioral interventions and medication administration by licensed staff, or certified staff as determined by the division, within residential settings serving only persons who are receiving services authorized or financed, in whole or in part, by the division; and (16) Establish 'community living arrangements' which shall be defined as any residence, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food, one or more personal services, supports, care, or treatment exclusively for two or more persons who are not related to the owner or administrator of the residence by blood or marriage and whose services are financially supported, in whole or in part, by funds authorized through the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources. All community living arrangements, as defined in this paragraph, shall be classified by the department pursuant to subparagraph (A) of paragraph (1) of Code Section 31-7-1 solely for the purposes of being licensed by the department in accordance with the administration, regulation, and enforcement provisions of Chapters 2, 5, and 7 of Title 31. To be eligible for licensing as a community living arrangement, the residence and services provided must be integrated within the local community. (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, 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
4584
JOURNAL OF THE HOUSE
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.
FRIDAY, APRIL 12, 2002
4585
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 mental health, developmental disabilities, and addictive diseases 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 1-7. 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.
4586
JOURNAL OF THE HOUSE
(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 mental health, developmental disabilities, and addictive diseases board established pursuant to Code Section 37-2-6. (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 Mental Health, Developmental Disabilities, and Addictive Diseases. (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 having a disability. (9) 'Division' means the Division of Mental Health, Developmental Disabilities, and Addictive Diseases 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 the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources office created pursuant to Code Section 37-2-4.1. Such office shall be 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 mental health, developmental disabilities, and addictive diseases board established in accordance with Code Section 37-2-4.1.
37-2-2.1.
FRIDAY, APRIL 12, 2002
4587
The Department of Human Resources shall have a Division of Mental Health, Developmental Disabilities, and Addictive Diseases.
37-2-3. (a) The board shall designate boundaries for mental health, developmental disabilities, and addictive diseases 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
4588
JOURNAL OF THE HOUSE
commissioner, and to any other individual or agency deemed appropriate. The Governors council shall further receive and consider complaints and grievances submitted in writing by individuals, associations, or agencies involved with the delivery or receipt of disability services and, if deemed appropriate, shall make recommendations to the Governor, the board, the department, or the division with respect to such complaints or grievances. The Governors council shall also provide guidance and assistance to the regional 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 mental health, developmental disabilities, and addictive diseases 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 mental health, developmental disabilities, and addictive diseases 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 mental health, developmental disabilities, and addictive diseases 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;
FRIDAY, APRIL 12, 2002
4589
(3) The appointment or appointments for each county shall be made by the county governing authority; and (4) The county governing authority shall appoint a consumer of disability services, a family member of a consumer, an advocate for disability services, or a local leader or business person with an interest in mental health, developmental disabilities, and addictive diseases; 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 regional planning board if such person is:
(A) A member of the community service board which serves that region; or (B) An employee or board member of a private or public entity which contracts with the department, through the division, to provide mental health, developmental disabilities, or addictive diseases services within the region; or (C) 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. (2) 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 that regional planning board or a member, employee, or board member specified in subparagraph (A), (B), or (C) of paragraph (1) of this subsection. 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 the 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. (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 advocacy groups, including but not limited to the Georgia Mental Health Consumer Network, People First of Georgia, the Georgia Parent Support Network, National
4590
JOURNAL OF THE HOUSE
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 August 1, 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 oneyear 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 coordinator, receive reimbursement for actual expenses incurred in carrying out the duties of such office in conformance with rates and allowances set for state employees by the Office of Planning and Budget and the same mileage allowance for use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier.
FRIDAY, APRIL 12, 2002
4591
(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 coordinator, who shall be duly qualified and appointed by the director of the division. The regional coordinator shall serve as the supervisor of the regional office, which shall be a unit of the division. The regional coordinator shall serve at the pleasure of the division director. The director of the division shall be authorized to appoint an interim regional coordinator at any time that the position of regional coordinator is vacant and prior to the appointment of a duly qualified and approved successor. (b) The regional coordinator 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 the division deems necessary and appropriate. The regional coordinator and such staff and personnel shall be employees of the division. Expenses for the regional office and planning board, the employment of the regional coordinator, other staff and personnel, and the operation of the regional office shall be funded by the division as funds are appropriated by the General Assembly. The department and the division shall 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 division; 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 regions 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. (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 develop appropriate
4592
JOURNAL OF THE HOUSE
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) Under the supervision of the division, 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 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 as specified in this chapter 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 mental health, developmental disability, and addictive disease services; (5) To enter into contracts on behalf of the division 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 enter into all contracts on behalf of the division 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 serve as the representative of the citizens of the area in regard to disability services; (8) 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; (9) To assure the highest achievable level of public awareness and understanding of both available and needed disability services; (10) To visit regularly disability services facilities and programs which serve the region in order to assure contracted providers are licensed and accredited by the designated agencies prescribed by the division, and in order to evaluate the effectiveness and appropriateness of the services, as such services relate to the health,
FRIDAY, APRIL 12, 2002
4593
safety, and welfare of service recipients, and to provide technical assistance to programs in delivering services; and (11) 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 enter into contracts on behalf of the division with a wide range of public and private providers to ensure that consumers are afforded cost-effective, locally based, and quality disability services. Under the supervision of the division, regional offices are specifically authorized to enter into contracts on behalf of the division 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. (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 re-created community mental health, developmental disabilities, and addictive diseases service boards, in conformity with the service areas established pursuant to subsection (b) of Code Section 37-2-3. Each community service board shall be a public corporation and an instrumentality of the state within the boundaries determined under subsection (b) of Code Section 37-2-3 served by the community service board; provided, however, the liabilities, debts, and obligations of a community service board shall not constitute liabilities, debts, or obligations of the state or any county or municipal corporation and neither the state nor any county or municipal corporation shall be liable for any liability, debt, or obligation of a community service board. Each community service board re-created pursuant to this Code section is created for nonprofit and public purposes to exercise essential governmental functions. The re-creation of community service boards pursuant to this Code section shall not alter the provisions of Code Section 37-2-6.2 which shall apply to those re-created community service boards and their employees covered by that Code section and those employees rights are retained.
4594
JOURNAL OF THE HOUSE
(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; (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, developmental disabilities, and addictive diseases; 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 community service board if such person is:
(i) A member of the regional planning board which serves the region in which that community service board is located; (ii) An employee or board member of a public or private entity which contracts with the division to provide mental health, developmental disabilities, and addictive diseases services within the region; or (iii) 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. (B) A person shall not be eligible to be appointed to or serve on a community service board if such persons spouse, parent, child, or sibling is a member of that community service board or a member, employee, or board member specified in division (i), (ii), or (iii) of subparagraph (A) of this paragraph. 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 planning board may be appointed to a community
FRIDAY, APRIL 12, 2002
4595
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 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
4596
JOURNAL OF THE HOUSE
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 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, quorum, a mechanism for ensuring that
FRIDAY, APRIL 12, 2002
4597
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 a 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. (k) A member of a community service board who after notice that such member has failed to complete any required training prescribed by the department pursuant to paragraph (4) of subsection (b) of Code Section 37-1-20 continues such failure for 30 days may be removed from office by the remaining members of the community service board. (l) A member of a community service board may resign from office by giving written notice to the executive director of the community service board. The resignation is irrevocable after delivery to such executive director but shall become effective upon the date on which the notice is received or on the effective date given by the member in the notice, whichever date is later. The executive director, upon receipt of the resignation, shall give notice of the resignation to the remaining members of the community service board and to the chief executive officer or governing authority of the county that appointed the member. (m) The office of a member of a community service board shall be vacated upon such members resignation, death, or inability to serve due to medical infirmity or other incapacity, removal by the community service board as authorized in this Code section, or upon such other reasonable condition as the community service board may impose under its bylaws. (n) A member of a community service board may not enter upon the duties of office until such member takes the following oath of office:
STATE OF GEORGIA COUNTY OF __________
4598
JOURNAL OF THE HOUSE
I, _______________________, do solemnly swear or affirm that I will truly perform the duties of a member of the __________________________ Community Service Board to the best of my ability.
____________________________ Signature of member of ________ Community Service Board
____________________________ Typed name of member of ________ Community Service Board
Sworn and subscribed before me this ______ day of ______________, ____. (SEAL)
37-2-6.1. (a) Each community service board shall employ an executive director to serve as its chief executive officer. Such executive director shall be appointed and removed by the community service board and shall appoint other necessary staff pursuant to an annual budget adopted by the board, which budget shall provide for securing appropriate facilities, sites, and professionals necessary for the provision of disability services. The community service board may delegate any power, authority, duty, or function to its executive director or other staff. The executive director or other staff is authorized to exercise any 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
FRIDAY, APRIL 12, 2002
4599
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; (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; (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; (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 shall elect a chairperson and vice chairperson from among its membership; and the bylaws of the community service board shall provide for any other officers of such board and the means of their selection, the terms of office of the officers, and an annual meeting to elect officers; (13) Each community service board may have a seal and alter it; (14) Each community service board may contract with the State Merit System of Personnel Administration regarding its personnel who remain in the classified service; and
4600
JOURNAL OF THE HOUSE
(15) 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. (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. 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.
FRIDAY, APRIL 12, 2002
4601
(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 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
4602
JOURNAL OF THE HOUSE
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.
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 or substantially breach their contracts with the department pursuant to this chapter. (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
FRIDAY, APRIL 12, 2002
4603
of the community service board; and the community service board employees shall become employees of the department; (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; or (3) Appoint a manager or management team to manage and operate the programs and services of the community service board until such time as a determination has been made that the circumstances or conditions causing the appointment of a manager or management team have been sufficiently corrected. Upon such a determination, the authority to manage and operate the programs and services of the community service board shall be returned to the community service board.
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. (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
4604
JOURNAL OF THE HOUSE
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.
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. (c) The community service board shall maintain a clinical record for each consumer receiving treatment or habilitation services from such board. The treatment of clinical records of consumers in receiving services for mental illness shall be governed by the provisions of Code Section 37-3-166. The treatment of clinical records of consumers receiving habilitation services for developmental disabilities shall be governed by the provisions of Code Section 37-4-125. The treatment of clinical records of consumers in
FRIDAY, APRIL 12, 2002
4605
treatment for addictive diseases shall be governed by the provisions of Code Section 37-7-166."
SECTION 1-8. 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, developmental disabilities, and addictive diseases created under Code Section 37-2-31.
37-2-31. There is created the state ombudsman for mental health, developmental disabilities, and addictive diseases 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 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 mental health, developmental
4606
JOURNAL OF THE HOUSE
disabilities, and addictive diseases 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; (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.
FRIDAY, APRIL 12, 2002
4607
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 (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
4608
JOURNAL OF THE HOUSE
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 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
FRIDAY, APRIL 12, 2002
4609
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 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.
4610
JOURNAL OF THE HOUSE
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 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.
FRIDAY, APRIL 12, 2002
4611
37-2-44. The state ombudsman shall promulgate rules and regulations to implement this article."
SECTION 1-9. 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 coordinator, 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 mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3."
SECTION 1-10. 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 1-11. 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."
SECTION 1-12. 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:
4612
JOURNAL OF THE HOUSE
"(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 coordinator, 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 mental health, developmental disabilities, and addictive diseases 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 1-13. 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."
SECTION 1-14. 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:
FRIDAY, APRIL 12, 2002
4613
"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 Developmental Disabilities, and Addictive Diseases 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 1-15. 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 coordinator, 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 mental health, developmental disabilities, and addictive diseases 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 1-16. 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. 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
4614
JOURNAL OF THE HOUSE
shall not be required to utilize these procedures in lieu of other available legal remedies."
SECTION 1-17. 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 Developmental Disabilities, and Addictive Diseases of the department and any facility operated in conjunction therewith."
SECTION 1-18. 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; (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;
FRIDAY, APRIL 12, 2002
4615
(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 1-19. 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 1-20. 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 Developmental Disabilities, and Addictive Diseases 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
4616
JOURNAL OF THE HOUSE
revocation and of the right to review. The notice of revocation shall be deemed received three days after mailing."
SECTION 1-21. 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 Developmental Disabilities, and Addictive Diseases 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 1-22. 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 Developmental Disabilities, and Addictive Diseases 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 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."
FRIDAY, APRIL 12, 2002
4617
SECTION 1-23. 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 Developmental Disabilities, and Addictive Diseases 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 Developmental Disabilities, and Addictive Diseases of the Department of Human Resources provide mental health treatment."
SECTION 1-24. 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 Developmental Disabilities, and Addictive Diseases 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 mental health, developmental disabilities, and addictive diseases board established pursuant to Code Section 37-2-6 which provides one or more mental health, developmental disability, and addictive disease services through contract with the department. Such community service board may enroll with the department to become a provider of specific mental health, developmental disability, and addictive disease services with such services being negotiated and contracted annually with the department."
4618
JOURNAL OF THE HOUSE
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 mental health, developmental disabilities, and addictive diseases board established pursuant to Code Section 37-2-6 which provides one or more mental health, developmental disabilities, and addictive diseases services through contract with the department. Such community service board may enroll with the department to become a provider of specific mental health, developmental disabilities, and addictive diseases 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, developmental disabilities, and addictive diseases Community service boards, created in conformity with the service areas established pursuant to subsection (b) of Code Section 37-2-3, shall provide one or more mental health, developmental disability, and addictive disease services through contract with the department. Such community service boards may enroll with the department to become a provider of specific mental health, developmental disabilities, and addictive diseases services with such services being negotiated and contracted annually with the department. Such boards shall be considered public agencies. Each community service board shall be a public corporation and an instrumentality of the state within the boundaries determined under subsection (b) of Code Section 37-2-3 served by the community service board; provided, however, the liabilities, debts, and obligations of a community service board shall not constitute liabilities, debts, or obligations of the state or any county or municipal corporation and neither the state nor any county or municipal corporation shall be liable for any liability, debt, or obligation of a community service board. Each community service board re-created pursuant to this Code section is created for nonprofit and public purposes to exercise essential governmental functions. The re-creation of community service boards pursuant to this Code section shall not alter the provisions of Code Section 37-2-6.2 which shall apply to those re-created community service boards and their employees covered by that Code section and those employees rights are retained. (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:
FRIDAY, APRIL 12, 2002
4619
(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; (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, developmental disabilities, and addictive diseases; 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 community service board if such person is:
(i) A member of the regional planning board which serves the region in which that community service board is located; (ii) An employee or board member of a public or private entity which contracts with the division to provide mental health, developmental disabilities, and addictive diseases services within the region; or (iii) 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. (B) A person shall not be eligible to be appointed to or serve on a community service board if such persons spouse, parent, child, or sibling is a member of that community service board or a member, employee, or board member specified in division (i), (ii), or (iii) of subparagraph (A) of this paragraph. 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 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 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
4620
JOURNAL OF THE HOUSE
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 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 mental health, developmental disabilities, and addictive diseases service area areas in existence on December 31, 2002, 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 January 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
FRIDAY, APRIL 12, 2002
4621
(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 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, quorum, 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
4622
JOURNAL OF THE HOUSE
representation of the various disability groups. The regular term of office for each community service board member shall be two three 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 a 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. (k) A member of a community service board who after notice that such member has failed to complete any required training prescribed by the department pursuant to paragraph (4) of subsection (b) of Code Section 37-1-20 continues such failure for 30 days may be removed from office by the remaining members of the community service board. (l) A member of a community service board may resign from office by giving written notice to the executive director of the community service board. The resignation is irrevocable after delivery to such executive director but shall become effective upon the date on which the notice is received or on the effective date given by the member in the notice, whichever date is later. The executive director, upon receipt of the resignation, shall give notice of the resignation to the remaining members of the community service board and to the chief executive officer or governing authority of the county that appointed the member. (m) The office of a member of a community service board shall be vacated upon such members resignation, death, or inability to serve due to medical infirmity or other incapacity, removal by the community service board as authorized in this Code section, or upon such other reasonable condition as the community service board may impose under its bylaws. (n) A member of a community service board may not enter upon the duties of office until such member takes the following oath of office:
STATE OF GEORGIA COUNTY OF __________
FRIDAY, APRIL 12, 2002
4623
I, _______________________, do solemnly swear or affirm that I will truly perform the duties of a member of the __________________________ Community Service Board to the best of my ability.
____________________________ Signature of member of ________ Community Service Board
____________________________ Typed name of member of ________ Community Service Board
Sworn and subscribed before me this ______ day of ______________, ____. (SEAL)"
SECTION 2-4. Said chapter is further amended by striking subsection (b) of Code Section 37-2-6.1, relating to community service boards, executive 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:
4624
JOURNAL OF THE HOUSE
(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; (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; 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; (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 shall elect a chairperson and vice chairperson from among its membership; and the bylaws of the community service board shall provide for any other officers of such board and the means of their selection, the terms of office of the officers, and an annual meeting to elect officers; (13) Each community service board may have a seal and alter it; (14) Each community service board may contract with the State Merit System of Personnel Administration regarding its personnel who remain in the classified service; and
FRIDAY, APRIL 12, 2002
4625
(15) 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; (16) 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 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; (17) 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; and (18) 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."
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, executive 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
4626
JOURNAL OF THE HOUSE
(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 (16) 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 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) When approved by the commissioner, a community service board may create, form, or become a member of a nonprofit corporation, limited liability company, or other nonprofit entity, the voting membership of which shall be limited to community service boards, governmental entities, nonprofit corporations, or a combination thereof, if such entity is created for purposes that are within the powers of the community service board, for the cooperative functioning of its members, or a combination thereof. No community service board, whether or not it exercises the power authorized by this subsection, shall be relieved of compliance with 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, unless otherwise provided by law."
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.
FRIDAY, APRIL 12, 2002
4627
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 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
4628
JOURNAL OF THE HOUSE
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 1-8 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 January 1, 2003.
SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.
Representative Byrd of the 170th moved that the House adopt the report of the Committee of Conference on HB 498.
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
Birdsong 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 Cash Y Channell
Y Cox Y Crawford
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 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 Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin
Jackson, B Y Jackson, L
James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane
Lanier Y Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham Y Manning E Massey E McBee McCall
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 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 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 Childers Coan
Y Coleman, B Y Coleman, T
Collins Y Connell Y Cooper
FRIDAY, APRIL 12, 2002
Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard
Y McClinton 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
On the motion, the ayes were 151, nays 1. The motion prevailed.
4629
Wilkinson Y Willard E Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
Representative Mueller of the 152nd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.
Representatives Birdsong of the 123rd and Teague of the 58th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
The following Bills and Resolution of the House were taken up for the purpose of considering the Senate amendments thereto:
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 Senate amendment was read:
Amend HB 1510 by striking line 22 of page 2 and inserting in lieu thereof the following:
"The provisions of this Act relating to and necessary for the regular election in 2002 of members of the board of commissioners of Monroe 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."
4630
JOURNAL OF THE HOUSE
The following amendment was read and adopted:
Representative Jenkins of the 110th moves to amend the Senate amendment to HB 1510 by striking line 2 of page 1 and inserting in lieu thereof the following:
"Amend HB 1510 by striking lines 18 and 19 of page 1 and inserting in lieu thereof the following:
'of this Act and further identified as Plan Name: monroecc6 Plan Type: Local User: Blake Administrator: Monroe.' By striking line 22 of page 2 and inserting in lieu thereof the following:".
District 001 Monroe County
Tract: 501 BG: 1 1069 1070 1073 1074 1075 1076 1077 1081 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 1994 BG: 2 2059 2060 2062 2063 BG: 3 3065 3066 3067 3108 3109 3110 3111 3112 3113 3114 3115 3116 3117 3118 3119 3120 3121 3122 3123 3124 3125 3126 3127 3131 3132 3133 3989 Tract: 502 BG: 1 1035 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 1077 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2035 2041 2042 2043 2044 2045 2046 2049 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 2085 2086 2087 2088 2089 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
FRIDAY, APRIL 12, 2002
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 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3103 3104 3105 3106 3107 3108 3109 3110 3999 Tract: 503 BG: 1 1020 1021 1022 1993
District 002 Monroe County
Tract: 501 BG: 3 3106 3130 Tract: 502 BG: 1 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1036 1037 1038 1039 1040 1041 1042 1043 1073 1074 1075 1076 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 BG: 2 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2036 2037 2038 2039 2040 2047 2048 2050 2051 2052 2053 2054 2084 BG: 3 3070 3071 3072 3073 3085 3086 3087 3088 3089 3090 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3111 3112 3113 3114 3115 Tract: 503 BG: 1 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 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 1139 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1989
4631
4632
JOURNAL OF THE HOUSE
1990 1991 1992 1994 1995 BG: 2 BG: 3 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3044 3056 3080 3083 3084 3997
District 003 Monroe County
Tract: 501 BG: 3 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 3054 3055 3058 3059 3060 3061 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3098 3099 3138 3994 3996 3997 Tract: 503 BG: 1 1000 1001 1002 1003 1004 1005 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1140 1996 1997 1998 1999 BG: 3 3000 3001 3002 3003 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3081 3082 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3998 3999
District 004 Monroe County
Tract: 501 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 1071 1072 1078
FRIDAY, APRIL 12, 2002
1079 1080 1082 1995 1996 1997 1998 1999 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 2054 2055 2056 2057 2058 2061 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2997 2998 2999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3056 3057 3062 3063 3064 3068 3069 3070 3071 3072 3073 3074 3075 3095 3096 3097 3100 3101 3102 3103 3104 3105 3107 3128 3129 3134 3135 3136 3137 3990 3991 3992 3993 3995 3998 3999 Tract: 502 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 1098 1099 BG: 3 3091
4633
Representative Jenkins of the 110th moved that the House agree to the Senate substitute, as amended by the House, to HB 1510.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
HB 1837. By Representatives Mangham of the 75th, Drenner of the 66th, Sailor of the 71st, Watson of the 70th, Teper of the 61st 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 add a judge to said court; to provide for the appointment, election, and term of office of the additional judge and successors to the judge; and for other purposes.
4634
JOURNAL OF THE HOUSE
The following Senate amendment was read:
Amend HB 1837 by striking line 25 of page 1 and inserting in lieu thereof the following:
"the Governor for an initial term of office ending on December 31, 2004, and until a".
By inserting between lines 4 and 5 of page 2 the following:
"SECTION 1A. Said Act is further amended in Section 11B by striking the word 'by' in the last sentence of Section 11B and inserting in lieu thereof the word 'at', so that when so amended said last sentence shall read as follows: 'All costs provided for under this section shall be paid at the clerks office at the time of filing.' The provisions of this Act shall supersede the provisions of HB1649 enacted at the 2002 Session of the General Assembly. Notwithstanding Section 2 of this Act, this section shall become effective on July 1, 2002.".
Representative Mangham of the 75th moved that the House agree to the Senate amendment to HB 1837.
On the motion the ayes were 110, nays 0.
The motion prevailed.
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 Senate amendment was read:
FRIDAY, APRIL 12, 2002
4635
Amend HB 931 by inserting on line 5 of page 1, following the word and symbol "benefit;", the following:
"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;"
By inserting immediately following line 17 of page 1 the following:
"SECTION 1A. Said chapter is further amended by inserting following Code Section 47-2-298 a new Code section to read as follows:
'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. (c) Application for the creditable service provided by this Code section must be made not later than December 31, 2002.'"
Representative Cummings of the 27th moved that the House agree to the Senate amendment to HB 931.
On the motion, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Y Cox Y Crawford Y Cummings
Davis Y Day
Dean
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin
Jackson, B
Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish
Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T
4636
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
Collins Y Connell Y Cooper
JOURNAL OF THE HOUSE
Y Deloach, B E 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 Holland Y Holmes Y Houston Y Howard
Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye
Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas
Lunsford Maddox Y Mangham Y Manning E Massey E McBee Y McCall McClinton Y McKinney Y Millar Y Mills Mobley Y Morris Y Mosley
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 Y 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 155, nays 0. The motion prevailed.
E 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 Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard E Williams, J Y Williams, R Y Wix Y Yates Murphy, Speaker
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.
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 following Senate amendments were read:
FRIDAY, APRIL 12, 2002
4637
Senate Amendment #1
Amend HR 1372 by striking lines 19 and 20 of page 1 and inserting in lieu thereof the following:
"pension funds performance in order to improve benefits for members of the fund; and".
Senate Amendment #2
Amend HR 1372 by striking on line 23 of page 2 the number "18" and inserting in lieu thereof the number "23".
By striking lines 26 through 28 of page 2 and inserting in lieu thereof the following:
"House of Representatives; nine members appointed by the Governor to include the following: one member of the Teachers Retirement System of Georgia, one member of the Employees Retirement System of Georgia, one member of the Professional Association of Georgia Educators, one member of the Georgia Federation of Teachers, one member of the Service Employees International Union, one member of the Georgia Association of Educators, one member of the Georgia Retired Educators Association, and two citizens at large; the chairperson of the Board of'".
The following amendment was read:
Representative Joyce of the 1st moves to amend the Senate amendment AM 21 2038 to HR 1372 by inserting a new section after line 11, page 1 as follows:
Section 2
Creating a Joint Study Committee on Post Abortion Stress Syndrome.
WHEREAS, the General Assembly is concerned with the effects of abortion on women's health; and
WHEREAS, Post Abortion Stress Syndrome is a recognized health concern for women who have undergone an abortion; and
4638
JOURNAL OF THE HOUSE
WHEREAS, the emotional, psychological, physical and spiritual wellness of a woman can be effected by abortion; and
WHEREAS, medical findings are currently inconclusive regarding the correlation between breast cancer and abortion.
NOW, THEREFORE BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created a Joint Study Committee on Post Abortion Stress Syndrome to be composed of 6 members as follows: one member, who is a member of the House Woman's Caucus, appointed by the Speaker of the House, one member by the Lt. Governor, and the remaining members by the Governor, one of which is the Executive Director of Georgia Right to Life.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the psychological, physical, emotional, and spiritual effects of abortion on a woman's health.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Allen N Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes
Bell N Benfield N Birdsong
Black Y Boggs N Bordeaux
Borders Y Bridges N Brooks N Broome Y Brown N Buck
Buckner Y Bulloch
Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash N Channell
Y Cox Y Crawford Y Cummings Y Davis E Day
Dean Deloach, B E Deloach, G Y Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps Y Everett N Floyd Y Forster Y Franklin Gardner Y Golick Y Grasse Y Graves N Greene Y Hammontree N Hanner Y Harbin N Harrell N Heard N Heckstall
Y Hudgens N Hudson, N N Hudson, S N Hugley Y Irvin
Jackson, B N Jackson, L N James N Jamieson
Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis N Lord N Lucas
Lunsford N Maddox N Mangham
Manning E Massey E McBee N McCall
Y Mueller Y Muntean Y O'Neal N Orrock N Parham N Parrish Y Parsons E Pelote
Pinholster Y Poag N Porter N Powell
Purcell N Ragas N Randall N Ray N Reece N Reed N Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers N Royal N Sailor Y Sanders Y Scheid Y Scott
Y Smith, B Smith, C
Y Smith, C.W Smith, L
Y Smith, P Y Smith, T E Smith, V N Smyre Y Snelling Y Snow N Squires
Stallings N Stanley N Stanley-Turner Y Stephens N Stokes N Taylor N Teague N Teper N Tillman N Turnquest
Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson
West Y Westmoreland Y Wiles
N Childers Y Coan Y Coleman, B N Coleman, T Y Collins
Connell Y Cooper
FRIDAY, APRIL 12, 2002
Y Hembree N Henson Y Hines
Holland N Holmes N Houston N Howard
N McClinton N McKinney Y Millar Y Mills N Mobley Y Morris Y Mosley
N Seay Y Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper
On the adoption of the amendment, the ayes were 72, nays 76. The amendment was lost.
4639
Y Wilkinson Y Willard E Williams, J
Williams, R N Wix Y Yates
Murphy, Speaker
Representatives Houston of the 166th and Teague of the 58th stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.
Representative Smyre of the 136th moved that the House agree to the Senate amendments to HR 1372.
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
Birdsong Black Y Boggs Y Bordeaux Borders Y Bridges Y Brooks Y Broome N Brown Y Buck Buckner Y Bulloch Bunn Y Burkhalter Y Burmeister Y Byrd Callaway Y Campbell
Y Cox Y Crawford Y Cummings
Davis E Day
Dean Y Deloach, B E Deloach, G
Dix Y Dodson Y Drenner
Dukes Ehrhart Y Epps Y Everett Floyd Y Forster N Franklin Gardner Y Golick Y Grasse Y Graves Greene Y Hammontree Y Hanner Y Harbin Y Harrell
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin Jackson, B Y Jackson, L Y James Y Jamieson Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Lucas Y Lunsford Y Maddox Y Mangham Y Manning E Massey
Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham
Parrish Y Parsons E 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
Roberts, L Y Rogers Y Royal Y Sailor Y Sanders
Y Smith, B Y Smith, C Y Smith, C.W
Smith, L Y Smith, P 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
Teague Y Teper
Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L
Walker, R.L Y Watson Y West
4640
Y Cash Channell
Y Childers Y Coan Y Coleman, B Y Coleman, T
Collins Y Connell
Cooper
JOURNAL OF THE HOUSE
Y Heard Y Heckstall Y Hembree Y Henson N Hines
Holland Holmes Houston Howard
E McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris
Mosley
Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
On the motion, the ayes were 134, nays 3. The motion prevailed.
Y Westmoreland Y Wiles Y Wilkinson Y Willard E Williams, J
Williams, R Y Wix Y Yates
Murphy, Speaker
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 410. By Representative Stokes of the 92nd:
A BILL to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to sentencing, so as to allow the trial judge to have continuing authority to modify a sentence for one year from when the sentence is imposed; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
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 Senate has agreed to the House amendment to the Senate substitute to the following bill of the House:
FRIDAY, APRIL 12, 2002
4641
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 Senate has adopted the report of the Committee of Conference on the following bill and resolution of the House:
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.
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 Senate has agreed to the House amendment to the Senate substitute to the following bill of the House:
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
4642
JOURNAL OF THE HOUSE
relating to powers of counties; to change certain provisions relating to powers of municipalities; and for other purposes.
The Senate has agreed to the House substitutes to the following bills of the Senate:
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.
SB 557. By Senator Thomas of the 10th:
A BILL to be entitled an Act to amend an Act establishing in DeKalb County districts from which members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), 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 repeal certain provisions authorizing election on a nonpartisan basis; to provide for related matters; 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.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
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
FRIDAY, APRIL 12, 2002
4643
authorize a salary differential for citizen soldiers who are public officers or employees; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Polak of the 42nd, Lamutt of the 21st, and Hill of the 4th.
The Senate has agreed to the House substitute as amended by the Senate to 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.
The Senate recedes from its disagreement to the House substitute to the following bill of the Senate:
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.
The Senate adheres to its amendment and has appointed a Committee of Conference on the following bill of the House:
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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Williams of the 6th, Gillis of the 20th, and Hill of the 4th.
The Senate insists on its amendments to the following bills of the House:
4644
JOURNAL OF THE HOUSE
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.
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 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 Senate insists on its amendment to the House substitute to the following bill of the Senate:
SB 52. By Senators Thomas of the 10th, Brush of the 24th, Brown of the 26th, Thomas of the 2nd, Ray of the 48th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the O.C.G.A., relating to selling and other trade practices, so as to provide that a person who owns or operates a public accommodation may not restrict an individual from access or admission to the accommodation or otherwise prevent the individual from using the accommodation solely because the individual operates a motorcycle, is a member of an organization or association that operates motorcycles, or wears clothing that displays the name of such an organization or association; to provide that no person who owns or operates a public accommodation may exclude patrons from parking two-wheeled or threewheeled vehicles in the parking lot of the public accommodation; to repeal conflicting laws; and for other purposes.
FRIDAY, APRIL 12, 2002
4645
The Senate insists on its substitutes to the following bills of the House:
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 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.
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 Senate adheres to its substitutes and has appointed a Committee of Conference on the following bills of the House:
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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Thompson of the 33rd, Stokes of the 43rd, and Dean of the 31st.
4646
JOURNAL OF THE HOUSE
HB 410. By Representative Stokes of the 92nd:
A BILL to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to sentencing, so as to allow the trial judge to have continuing authority to modify a sentence for one year from when the sentence is imposed; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Hecht of the 34th, Moore of the 18th, and Hamrick of the 30th.
The Senate has adopted the report of the Committee of Conference on the following bill of the House:
HB 585. By Representatives Parham of the 122nd, Graves of the 125th, West of the 101st, Coleman of the 142nd, Childers of the 13th and others:
A BILL to amend Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, so as to provide for the licensing and inspection of pharmacy benefit managers; and for other purposes.
The Senate recedes from its amendments to the following bill and resolution of the House:
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.
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 following Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon:
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:
FRIDAY, APRIL 12, 2002
4647
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 report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 1568
The Committee of Conference on HB 1568 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1568 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Steve Thompson Senator, 33rd District
/s/ Charlie Smith, Jr. Representative, 175th District
/s/ Nathan Dean Senator, 31st District
/s/ Jimmy Skipper Representative, 137th District
/s/ Terrell Starr Senator, 44th District
/s/ Newt Hudson Representative, 156th District
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
4648
JOURNAL OF THE HOUSE
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 change accounting procedures for gas utility rate proceedings; to clarify the authority of the commission to initiate proceedings to determine certain rates; 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 change certain provisions relating to billing and reading meters; 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 distribution service; to authorize a surcharge on certain customers receiving interruptible service; to require a hearing relating to assignment of interstate capacity assets; to set out minimum requirements for assignment of interstate capacity assets; to provide for authorizing utilization of excess interstate capacity assets by an electing distribution company; to authorize the commission to allocate the cost of lost and unaccounted for gas; 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 certain remedies for consumers determined to be victims of slamming; to prohibit a marketer responsible for slamming a consumer from making certain reports to credit reporting agencies and provide for payment to consumers for violations; 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 exceptions; 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 minimum standards for terms and conditions for certain nonresidential customers and small businesses; 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
FRIDAY, APRIL 12, 2002
4649
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."
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 46-2-25, relating to procedures for changing rates, charges, classifications, or services, by inserting a new subsection to be designated subsection (e) to read as follows:
"(e) Nothing in this Code section shall be construed as limiting the authority granted to the commission by Code Sections 46-2-20 and 46-2-23 to initiate an earnings review hearing."
SECTION 3. Said chapter is further 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 4. Said chapter is further amended in Code Section 46-2-26.4, relating to accounting procedures in gas utility rate proceedings, by striking subsection (b) and inserting in lieu thereof a new subsection to read as follows:
"(b) In any proceeding commenced after April 1, 2002, to determine the rates to be charged by a gas utility, the gas utility shall file jurisdictionally allocated cost of service data on the basis of a test period, and the commission shall utilize a test period, consisting of actual data for the most recent 12 month period for which data are available, fully adjusted separately to reflect estimated operations during the 12 month period commencing five months from the months following the proposed effective date
4650
JOURNAL OF THE HOUSE
of the rates. After the initial filing, and until new rates go into effect, the utility shall file actual cost of service data as they become available for each month following the actual data which were filed. The utility shall have the burden of explaining and supporting the reasonableness of all estimates and adjustments contained in its cost of service data."
SECTION 5. 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 6. 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 deserve 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. (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;
FRIDAY, APRIL 12, 2002
4651
(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 (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 7. 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:
4652
JOURNAL OF THE HOUSE
(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. (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.
FRIDAY, APRIL 12, 2002
4653
(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' means any person who meets the definition of a person who is qualified for the Low Income Home Energy Assistance Program, as promulgated by the Department of Human Resources, pursuant to Code Section 46-1-5. (12.2) 'Majority interest' means the ownership of greater than 50 percent 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. (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.
4654
JOURNAL OF THE HOUSE
(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 8. 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."
SECTION 9. 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
FRIDAY, APRIL 12, 2002
4655
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 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 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
4656
JOURNAL OF THE HOUSE
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 10. 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; (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; and provided, further, that the method of rate design selected by the commission shall provide for recovery of the revenue requirements of the electing distribution company; (3) Establish separate rates and charges, which may be based on market value, for each type of ancillary service which is classified separately;
FRIDAY, APRIL 12, 2002
4657
(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 95 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 5 percent of the revenues the electing distribution company received from rates for interruptible service. Each electing distribution company which retains 10 5 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
4658
JOURNAL OF THE HOUSE
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. This surcharge shall not be applied to any hospital that has a medicare and Medicaid payor mix of at least 30 percent and has uncompensated writeoffs for the provision of charity, indigent, and free health care services of not less than 5 percent of such hospitals annual operating expenses based on the annual hospital surveys by the Division of Health Planning of the Department of Community Health. This surcharge shall not be applied to any institution or property enumerated in Code Section 50-16-3, or administered or regulated under authority granted by Code Section 42-2-5 or 49-4A6 or by Chapter 9 of Title 50."
SECTION 11. 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. (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
FRIDAY, APRIL 12, 2002
4659
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 (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.
4660
JOURNAL OF THE HOUSE
(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, and all owners or operators of interstate gas pipelines that are a part of said capacity supply plan, the commission may issue an order eliminating the responsibility of 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:
FRIDAY, APRIL 12, 2002
4661
(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, all marketers who have been issued a certificate of authority in accordance with Code Section 46-4-153, and all owners or operators of interstate gas pipelines that are a part of said capacity supply plan, hold a hearing regarding a plan for assignment of interstate assets. After such hearing, the commission may adopt a plan for 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. (14) Any order eliminating the responsibility of the electing distribution company for acquiring and contracting for interstate capacity assets pursuant to paragraph (12) of this subsection and any plan for assignment of interstate capacity assets pursuant to paragraph (13) of this subsection shall, at a minimum, ensure that: (A) Shifts in market share are reflected in an orderly reassignment of interstate capacity assets; (B) Marketers hold sufficient interstate capacity assets to meet the needs of retail customers;
4662
JOURNAL OF THE HOUSE
(C) Before any such assignment is authorized, the assignee demonstrates to the commission that such assignment will result in financial benefits to firm retail customers; (D) Before any marketer discontinues service in the Georgia market, it assigns its contractual rights for interstate capacity assets used to serve Georgia retail customers in a manner designated by the commission; (E) In the event that the commission imposes temporary directives in accordance with Code Section 46-4-157, interstate capacity assets assigned to marketers are subject to reassignment by the commission to protect the interests of retail customers; and (F) Any other requirement that the commission finds to be in the public interest is imposed upon assignees as a condition of the assignment of interstate capacity assets. (15) After notice and an opportunity for hearing, the commission may authorize, subject to reasonable terms and conditions, an electing distribution company or its designee to utilize or monetize excess interstate capacity assets available to the electing distribution company."
SECTION 12. 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 (c), (g), and (h) and inserting in lieu thereof the following:
"(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." "(c) If the commission issues an order pursuant to subsection (b) of this Code section determining that adequate market conditions exist, it shall prescribe in such order the contents of notices to be furnished pursuant to the provisions of subsection (e) of this Code section. Subject to the provisions of subsection (d) of this Code section, on the
FRIDAY, APRIL 12, 2002
4663
one hundred twentieth day following the issuance of an order for a particular delivery group:
(1) Except as otherwise provided in paragraph (4) of this subsection, the The rates and terms of service of an electing distribution company for interruptible distribution service and balancing service shall not be subject to approval by the commission, provided that all firm retail customers have contracted with or have been assigned to marketers as provided for in this Code section; (2) Except as otherwise provided in paragraph (4) of this subsection, The rates and terms of service for commodity sales service provided by an electing distribution company to retail purchasers of firm distribution service shall not be subject to approval by the commission, provided that all firm retail customers have contracted with or have been assigned to marketers as provided for in this Code section; and (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) 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; and (4) The commission is authorized to provide by order, after notice and hearing, for the allocation of the cost of lost and unaccounted for gas among interruptible and firm 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,
4664
JOURNAL OF THE HOUSE
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."
SECTION 13. 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
FRIDAY, APRIL 12, 2002
4665
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 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 firm 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.
4666
JOURNAL OF THE HOUSE
(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, there shall be a rebuttable presumption that market conditions are not competitive if more than 90 percent of firm 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 firm 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 14. 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:
"(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 15. Said article is further amended by inserting new Code sections to be designated Code Sections 46-4-158.1 through 46-4-158.5 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, minimum 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
FRIDAY, APRIL 12, 2002
4667
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 minimum 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 the same 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. (d) At least annually the commission shall conduct a proceeding to review compliance with the service quality standards by the electing distribution company, certificated marketer, and regulated provider. (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
4668
JOURNAL OF THE HOUSE
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 certificated marketer to third parties by an electing distribution company shall be prohibited; provided, however, that use of gas held in storage for a certificated marketer by the electing distribution company to ensure system balancing and reliability shall not 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; (2) A marketers advertised prices shall reflect the prices or the pricing methodology 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; provided, however, that when information from actual meter readings is
FRIDAY, APRIL 12, 2002
4669
not made available by the electing distribution company or any other party authorized to perform meter reading, marketers may send an estimated bill for not more than two consecutive months; 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 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;
4670
JOURNAL OF THE HOUSE
(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 (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;
FRIDAY, APRIL 12, 2002
4671
(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 by September 1, 2002, adopt rules establishing minimum standards for a marketers terms and conditions of service for various classes of firm retail customers that are nonresidential and small businesses. In defining such classes, the commission may consider relevant factors, including but not limited to consumption history, estimated usage, and the size of the customer.
46-4-158.5. The commission shall continually review marketers compliance with rules promulgated in accordance with Code Sections 46-4-158.2, 46-4-158.3, and 46-4158.4."
SECTION 16. 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 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 for a minimum payment of $100.00 to the consumer, plus penalties and fines as determined by the commission, for violations of such 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
4672
JOURNAL OF THE HOUSE
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. (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 subject to paragraph (8) of Code Section 46-4-158.2. 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
FRIDAY, APRIL 12, 2002
4673
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 $10.00 or 1.5 percent of the past due balance, whichever is greater. (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, including but not limited to rules relating to false billing, 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. (k) Any consumer determined by the commission to be the victim of slamming shall be able to switch back to his or her desired marketer without any charge. No marketer responsible for slamming a consumer shall be entitled to any remuneration for services provided to that customer, and any refund owed to such a consumer by the marketer who switched the consumer without his or her consent shall be paid within 30 days of the date the commission determined the consumer was a victim of slamming. No marketer responsible for slamming a consumer who is determined to be a victim of slamming shall report to a credit reporting agency any moneys owed by such a consumer to such marketer; any marketer who violates the prohibition set out in this sentence shall be required by the commission to pay such a consumer $1,000.00 for each such prohibited report."
SECTION 17. 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 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
4674
JOURNAL OF THE HOUSE
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 18. 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 residential consumers. Contributions received by a marketer shall be deposited in the universal service fund to be used to assist low-income residential 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 retail customer 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 retail customer, as well as incidental damages, consequential damages, reasonable attorneys fees, and court costs.
FRIDAY, APRIL 12, 2002
4675
(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 retail customer 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 19. 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 residential consumers 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 not exceed $25 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; (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
4676
JOURNAL OF THE HOUSE
(C)(2) The amount required to assist low-income persons subject to price increases residential consumers 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. (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 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 in excess of $3 million 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 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 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
FRIDAY, APRIL 12, 2002
4677
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 20. 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. 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.
4678
JOURNAL OF THE HOUSE
(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, excluding electric generation and transmission assets as defined by the Federal Energy Regulatory Commission Uniform System of Accounts in effect at the time of such investment, loan, or guarantee, 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 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; provided, however, that nothing in this article shall be construed to prohibit an electing distribution company from using liquefied petroleum gas to provide for system balancing and peaking services for its distribution system."
SECTION 21. 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) Who have been unable to obtain or maintain natural gas commodity 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;
FRIDAY, APRIL 12, 2002
4679
(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.
4680
JOURNAL OF THE HOUSE
(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 22. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 23. All laws and parts of laws in conflict with this Act are repealed.
Representative Skipper of the 137th moved that the House adopt the report of the Committee of Conference on HB 1568.
On the motion, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson Y Anderson Y Ashe Y Bannister
Barnard Y Barnes Y Bell Y 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
Callaway Y Campbell Y Cash Y Channell Y Childers
Y Cox Y Crawford Y Cummings Y Davis E Day Y Dean Y Deloach, B E 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 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 Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis N Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey E McBee Y McCall Y McClinton
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 N 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 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
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson
Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
FRIDAY, APRIL 12, 2002
Henson Y Hines Y Holland Y Holmes Y Houston Y Howard
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
Y Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper
On the motion, the ayes were 159, nays 3. The motion prevailed.
4681
Y Willard E Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
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 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.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 1405
The Committee of Conference on HB 1405 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1405 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Polak Senator, 42nd District
/s/ Birdsong Representative, 123rd District
4682
JOURNAL OF THE HOUSE
/s/ Lamutt Senator, 21st District
/s/ Hill Senator, 4th District
/s/ Williams Representative, 5th District
/s/ Mary Squires Representative, 78th District
A BILL
To amend Code Section 38-2-54 of the Official Code of Georgia Annotated, relating to duties, privileges, and immunities, so as to provide that certain provisions shall not be applicable to certain military personnel; 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 change a certain definition; to change certain provisions relative to pay for public officers while on military duty; to authorize a salary differential for citizen soldiers who are public officers or employees; 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 38-2-54 of the Official Code of Georgia Annotated, relating to duties, privileges, and immunities, is amended by striking in its entirety said Code section and inserting in lieu thereof the following:
"38-2-54. All duties imposed by the military law or other statutes of the state or by regulations issued thereunder upon units, commissioned officers, warrant officers, and enlisted personnel of the organized militia are imposed upon the units, commissioned officers, warrant officers, and enlisted personnel, respectively, of the State Defense Force. All rights, privileges, and immunities conferred by the military law or other statutes of the state or by regulations issued thereunder upon the units, commissioned officers, warrant officers, and enlisted personnel of the Georgia National Guard or of the organized militia are conferred upon the units, commissioned officers, warrant officers, and enlisted personnel, respectively, of the State Defense Force except as otherwise prescribed in this chapter; provided, however, that the provisions of Code Sections 382-279 and 38-2-280 shall not be applicable to personnel of the State Defense Force. Such rights, privileges, and immunities include relief from civil or criminal liability for acts done while on duty; rights to pay, allowances, and other compensation; expenses and subsistence; arms, uniforms, and equipment; provision, maintenance, use, and control of armories; eligibility to appointment on the military staff of the Governor; exemption from civil process and from jury duty; right of way; right to wear the
FRIDAY, APRIL 12, 2002
4683
uniform and to parade with firearms; and all other rights, privileges, and immunities created by statute or custom not hereinbefore specifically enumerated."
SECTION 2. 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, is amended by striking in its entirety paragraph (1) of subsection (a) and inserting in lieu thereof the following:
"(1) 'Ordered military duty' means: (A) Any any military duty performed in the service of the state or of the United States including but not limited to attendance at any service school or schools conducted by the armed forces of the United States by a public officer or employee as a voluntary member of any force of the organized militia the National Guard or of any reserve force or reserve component of the armed forces of the United States pursuant to orders issued by competent state and federal authority without the consent of such public officer or employee.
(B)(i) Except as provided in division (ii) of this subparagraph, such duty, performed for a period or periods not exceeding a total of 30 days in any one federal fiscal year, shall be deemed ordered military duty regardless of whether the orders are or may be issued with the consent of the public officer or employee. (ii) If such duty exceeds a total of 30 days in the calendar year 1997 but does not exceed a total of 30 days in the federal fiscal year beginning on October 1, 1997, and ending on September 30, 1998, it shall be deemed ordered military duty regardless of whether the orders are or may be issued with the consent of the public officer or employee."
SECTION 3. Said Code section is further amended by striking in its entirety subsection (e) and inserting in lieu thereof the following:
"(e) Pay for 18 days; emergency pay. (1) Except as provided in paragraph (2) of this subsection, every Every public officer or employee shall be paid his or her salary or other compensation as such public officer or employee for any and all periods of absence while engaged in the performance of ordered military duty and while going to and returning from such duty, not exceeding a total of 18 days in any one federal fiscal year and not exceeding 18 days in any one continuous period of absence. In the event the Governor declares an emergency and orders any public officer or employee to state active ordered military duty as a member of the National Guard, any such officer or employee, while performing such duty, shall be paid his or her salary or other compensation as a public officer or employee for a period not exceeding 30 days in any one federal fiscal year and not exceeding 30 days in any one continuous period of such state active duty service. (2) If such periods of absence exceed a total of 18 days or, in the event the Governor declares an emergency, 30 days for the calendar year 1997 but does not exceed such
4684
JOURNAL OF THE HOUSE
limits for the federal fiscal year beginning October 1, 1997, and ending September 30, 1998, every public officer or employee shall be paid his or her salary or other compensation as such public officer or employee as if the absence was 18 or 30 days or less, as the case may be, as specified in paragraph (1) of this subsection. (e.1)(1) On and after July 1, 2002, every public officer or employee may be paid by the government employer the difference between his or her government salary and his or her military salary for any or all periods of absence while engaged in the performance of ordered military duty and while going to and returning from such duty, after expiration of the payment period provided for in subsection (e) of this Code section. (2) To the extent that funds are appropriated or otherwise made available to the Department of Community Affairs for such purpose, the department may provide grants to counties, municipal corporations, and other political subdivisions to reimburse them for their costs incurred under paragraph (1) of this subsection. The department shall provide by rule for the administration of such grant program; and such rules shall provide for pro rata distribution in the event that the funds available are insufficient to reimburse all such costs."
SECTION 4. 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 1405.
Representative Squires of the 78th moved that the House adopt the report of the Committee of Conference on HB 1405.
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
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks
Y Cox Y Crawford Y Cummings Y Davis E Day
Dean Y Deloach, B E Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd
Y Hudgens Hudson, N
Y Hudson, S Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen
Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote Y Pinholster Y Poag Y Porter
Powell Y Purcell Y Ragas Y Randall Y Ray
Y Smith, B Y Smith, C
Smith, C.W Y Smith, L Y Smith, P Y Smith, T E Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings
Stanley Stanley-Turner Y Stephens Y Stokes
Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper
FRIDAY, APRIL 12, 2002
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
Holland Y Holmes Y Houston Y Howard
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
McClinton McKinney Y Millar Y Mills Y Mobley Morris Y Mosley
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
Skipper
On the motion, the ayes were 150, nays 0. The motion prevailed.
4685
Y Taylor Teague Teper
Y Tillman Turnquest
Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard E Williams, J Y Williams, R
Wix Y Yates
Murphy, Speaker
Representatives Birdsong of the 123rd and Teper of the 61st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
Representative Walker of the 141st assumed the chair.
Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 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
4686
JOURNAL OF THE HOUSE
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.
The report of the Committee, which was favorable to the 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 Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper
Y Cox Y Crawford Y Cummings Y Davis E Day
Dean Y Deloach, B E 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
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
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 E McBee
McCall Y McClinton
McKinney Y Millar
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
Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal
Sailor Y Sanders
Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
Y Smith, B Y Smith, C
Smith, C.W Y Smith, L Y Smith, P Y Smith, T E Smith, V Y Smyre 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
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard E Williams, J Y Williams, R
Wix Y Yates
Murphy, Speaker
FRIDAY, APRIL 12, 2002 On the passage of the Bill, the ayes were 150, nays 0. The Bill, having received the requisite constitutional majority, was passed.
4687
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
HB 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.
Representative Powell of the 23rd moved that the House insist on its position in disagreeing to the Senate amendment to HB 1389 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Powell of the 23rd, Parham of the 122nd and Royal of the 164th.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendment thereto:
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:
4688
JOURNAL OF THE HOUSE
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 following Senate substitute was read:
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; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates, to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by adding a new Code Section 40-2-86.7 to read as follows:
"40-2-86.7. (a) There shall be issued beginning in 2003 special license plates supporting the National Rifle Association. (b) License plates issued under this Code section shall include a unique identifying number, whereby the total number of characters does not exceed six, provided that no two recipients receive identical plates. The license plates shall display the phrase 'The Right to Keep and Bear Arms' followed by the italicized phrase 'Shall Not Be Infringed' and the insignia of the National Rifle Association shall be depicted to the left of the identifying number of each plate. Such license plates must be of the same size as general issue motor vehicle license plates. Such design shall not provide space in which to indicate the name of the county of issuance. (c) Subject to subsection (d) of this Code section, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and payment of a fee of $25.00 in addition to the regular motor vehicle registration fee, shall be issued such a special license plate upon application therefor. Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an additional $25.00 annual registration fee, which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34.
FRIDAY, APRIL 12, 2002
4689
(d)(1) Notwithstanding the foregoing provisions of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise and at no cost to the state, received such licenses or other permissions as may be required for the use of the National Rifle Association logo or as may otherwise be necessary or appropriate to implement this Code section. No royalty, license fee, or other moneys shall be paid to any organization or its licensor for the use by the state of such logo or design on license plates authorized by this Code section. The commissioner may charge fees, take other actions, and agree to or impose terms and conditions which might normally be envisioned in licensing and cross-licensing agreements for the use of designs and similar intellectual property. Without limitation, the commissioner may agree to allow to others the exclusive or nonexclusive use of the design of the special license plate. The design of the special license plate, excepting only the National Rifle Association logo and slogan and any other part of the design owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright. 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, except as authorized by the commissioner. (2) The commissioner shall retain all applications received for such special license plates until a minimum of 1,000 applications has been received. After the receipt of 1,000 applications for such special license plates, the commissioner will then design the special license plate. If the commissioner does not receive the required minimum of 1,000 applications for special license plates under this Code section no later than July 31 of the year preceding the year of issuance of such plates, no such special plates shall be issued and all fees shall be refunded no later than 30 days thereafter to applicants. All license plates issued pursuant to this Code section shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles. (e) License plates issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Morris of the 155th moved that the House agree to the Senate substitute to HB 1295.
On the motion, the roll call was ordered and the vote was as follows:
4690
JOURNAL OF THE HOUSE
Y 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 Burkhalter Y Burmeister Y Byrd
Callaway Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Connell Y Cooper
Y Cox Y Crawford Y Cummings Y Davis E Day
Dean Y Deloach, B E 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 Grasse Y Graves Y Greene
Hammontree Y Hanner Y Harbin
Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines
Holland Y Holmes Y Houston
Howard
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin
Jackson, B Y Jackson, L
James Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Lucas Y Lunsford Maddox Y Mangham Y Manning Y Massey E McBee McCall Y McClinton McKinney Y Millar Mills Y Mobley Y Morris Y Mosley
On the motion, the ayes were 142, nays 0. The motion prevailed.
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 Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Sims 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 Y Stallings Y Stanley Y Stanley-Turner
Stephens Y Stokes
Taylor Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Walker, L Walker, R.L Y Watson West Westmoreland Y Wiles Y Wilkinson Y Willard E Williams, J Y Williams, R Y Wix Y Yates Murphy, Speaker
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.
FRIDAY, APRIL 12, 2002 The following Senate amendment was read:
4691
Amend HB 2 by striking line 15 of page 1 and inserting in lieu thereof the following: "mercury, and other heavy metals which when improperly disposed of can lead to".
Representative Coleman of the 142nd moved that the House agree to the Senate amendment to HB 2.
On the motion, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson
Anderson Y Ashe
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 Y Bunn Y Burkhalter N 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 E Day
Dean Y Deloach, B E Deloach, G Y Dix
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 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 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
McCall Y McClinton
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 E Pelote Y Pinholster Y Poag Y Porter
Powell Y Purcell Y Ragas
Randall 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 E 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 E Williams, J Y Williams, R Y Wix Y Yates Murphy, Speaker
4692
JOURNAL OF THE HOUSE
On the motion, the ayes were 149, nays 4. The motion prevailed.
HB 744. By Representatives Coleman of the 142nd, Morris of the 155th, Floyd of the 138th, Purcell of the 147th, Skipper of the 137th and others:
A BILL to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks and facilities, so as to enact the "Power Alley Development Authority Act"; to provide for the creation of the Power Alley Development Authority; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks and facilities, so as to enact the "Power Alley Development Authority Act"; to provide for the creation of the Power Alley Development Authority; to provide for the geographic jurisdiction of the authority; to provide for the members of the authority and their selection, service, and terms of office; to provide for the powers, duties, operations, and financial affairs of the authority; to authorize the issuance of financial obligations of the authority and provide for all matters connected with such obligations; to provide for the general purpose of the authority; to provide for other related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks and facilities, is amended by adding at the end of said chapter a new Article 12 to read as follows:
"ARTICLE 12
12-3-680. This article shall be known and may be cited as the 'Power Alley Development Authority Act.'
FRIDAY, APRIL 12, 2002
4693
12-3-681. (a) There is created a body corporate and politic to be known as the Power Alley Development Authority which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style, and title. Said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity, except that the authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents, and employees. The authority is granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the authority as provided under the provisions of this article. (b) The authority shall consist of nine members who are residents of the counties in the geographic jurisdiction of the authority as follows:
(1) Five members shall be appointed by the Governor. The terms of the initial members appointed by the Governor shall begin July 1, 2002, and one such member shall serve for a term of two years, two such members shall serve for terms of three years, and two such members shall serve for terms of four years. Thereafter all members appointed by the Governor shall serve for terms of four years; (2) Two members shall be appointed by the President of the Senate for terms concurrent with the President of the Senates term as Lieutenant Governor; and (3) Two members shall be appointed by the Speaker of the House of Representatives for terms concurrent with the Speakers term as Speaker. All members shall serve until their successors are appointed and qualified. (c) The members of the authority shall elect one of their members as chairperson and another as vice chairperson. They shall also elect a secretary and a treasurer who need not be members. The offices of secretary and treasurer may be combined in one person. (d) The authority may make such bylaws for its government as is deemed necessary but is under no obligation to do so. (e) Any five members of the authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this article. However, no person shall be entitled to exercise or cast a proxy vote for any member. No vacancy on the authority shall impair the right of a quorum to transact any and all business as aforesaid. (f) The members shall receive no compensation for their services; but all members shall be entitled to be reimbursed from funds of the authority for actual expenses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the authority shall receive reasonable compensation, to be determined by the members of the authority, for their services. (g) A vacancy in one of the appointive positions shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
4694
JOURNAL OF THE HOUSE
12-3-682. (a) As used in this article, the term:
(1) 'Authority' means the Power Alley Development Authority created in Code Section 12-3-681. (2) 'Cost of the project' means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired and the cost of all conveyances in fee simple of the authoritys title thereto and leases thereof; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; cost of engineering, architectural, fiscal, and legal expenses, plans, and specifications; other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incident to the financing authorized in this article, the construction of any project, and the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this article for such project. (3) 'Geographic jurisdiction of the authority' means each county in the state which contains any part of U.S. Highway 280 running from Columbus to Savannah. (4) 'Project' means and includes the acquisition, financing, construction, equipping, maintenance, marketing, or operation of roads, bridges, or rail or air or other transportation facilities; industrial, commercial, office, and retail facilities; restaurants, motels, hotels, and recreation centers and areas, including, but not limited to, playgrounds; parks; hiking, camping, and picnicking areas and facilities; swimming and wading pools; lakes; golf courses; tennis courts; athletic fields and courts; clubhouses; gymnasiums; auditoriums; and related buildings; and the usual and convenient facilities pertaining to such undertakings and extensions and improvements of such facilities; the acquisition of transportation facilities, parking facilities, or parking areas in connection therewith; the acquisition of the necessary property therefor, both real and personal; and the lease and sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance, and operation of such recreational facilities and areas deemed by the authority to be necessary, convenient, or desirable. (5) 'Public property' means any public property within the geographic jurisdiction of the authority. (6) 'Revenue bonds,' 'bonds,' and 'obligations' mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 and such type of obligations may be issued by the authority as authorized under said Article 3 and, in addition, shall also mean obligations of the authority, the issuance of which are hereinafter specifically provided for in this article. (b) Any project shall be deemed 'self-liquidating' if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all properties used, leased, and sold in connection therewith will be sufficient to pay the cost of
FRIDAY, APRIL 12, 2002
4695
operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.
12-3-683. The authority shall have powers:
(1) To have a seal and alter the same at pleasure; (2) To acquire by purchase, lease, or otherwise, with the exception of eminent domain, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue; to lease or make contracts with respect to the use of the same; or to dispose of the same in any manner it deems to the best advantage of the authority, subject to the provisions of Code Section 12-3-705. No property shall be acquired under the provisions of this article upon which any lien or other encumbrance exists unless, at the time such property is so acquired, a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance. If the authority shall deem it expedient to construct any project on any lands, the title to which shall then be in the State of Georgia, the Governor is authorized to convey, for and in behalf of the state, title to such lands to the authority upon payment to the State of Georgia for the credit of the general fund of the state the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the chairperson of the authority. If the authority shall deem it expedient to construct any project on any lands, the title to which shall then be in a county or in any municipality incorporated in the geographic jurisdiction of the authority, the governing body of that county or municipality is authorized to convey title to such lands to the authority upon payment for the credit of the general funds of said counties or municipalities the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the governing authority or body of said county or municipality and the chairperson of the authority; (4) To appoint, select, and employ officers, agents, and employees, including, but not limited to, engineering, architectural, and construction experts; fiscal agents; and attorneys and fix their respective compensations; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character, subject to the provisions of Code Section 12-3-705. Any and all persons, firms and corporations, the state, and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such
4696
JOURNAL OF THE HOUSE
purposes as they deem advisable; and, without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the authority to enter into contracts and lease and sublease agreements with the State of Georgia or any agencies or departments thereof relative to parks and recreational centers, areas, and facilities and relative to any property, which such department or other agency or department of the State of Georgia has now or may hereafter obtain by lease from the United States government or any agency or department thereof, and with the United States government or any agency or department thereof. The authority is specifically authorized to convey title, in fee simple, to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, the State of Georgia, or the United States government, or any agency or department thereof, subject to the rights and interests of the holders of any of the bonds or obligations authorized to be issued pursuant to this article, by the resolution or trust indenture of the authority authorizing the issuance of any of its bonds or obligations as provided in Code Section 12-3-696; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in paragraph (4) of Code Section 12-3-682, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof; (7) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (8) To accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (9) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same, to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (10) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state; (11) The authority and the trustee acting under the trust indenture are specifically authorized from time to time to sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real or personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created, except as such right and power may be limited as provided in Code Section 12-3-696;
FRIDAY, APRIL 12, 2002
4697
(12) To borrow money for any of its corporate purposes from any bank, banks, or other lending institutions and to execute evidences of such indebtedness and to secure the same; (13) To serve as an agency in managing, developing, and leasing property received or leased from the United States of America; (14) To fix, alter, charge, and collect tolls, fees, rents, charges, and assessments for the use of the facilities of or for the services rendered by the authority, such rates to be at least sufficient to provide for payment of all expenses of the authority, the conservation, maintenance, and operation of its facilities and properties, the payment of principal and interest on its notes, bonds, and other evidences of indebtedness or obligation, and to fulfill the terms and provisions of any agreement made with the purchasers and holders of any such notes, bonds, or other evidences of indebtedness or obligation; and (15) To do all things necessary or convenient to carry out the powers expressly given in this article.
12-3-684. (a) The authority, or any authority or body which has succeeded or which may in the future succeed to the powers, duties, and liabilities vested in the authority, shall have power and is authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost, as defined in this article, of any one project or a combination of projects. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in Code Section 12-3-695 for such payment. The bonds of each issue shall be dated and shall mature at such times and bear interest at such rates as may be determined by the authority, payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. (b) Such revenue bonds or obligations shall be issued pursuant to and in conformity with Article 3 of Chapter 82 of Title 36; and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Article 3 of Chapter 82 of Title 36.
12-3-685. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof which may be at any bank or trust company within or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine; and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest.
4698
JOURNAL OF THE HOUSE
12-3-686. All such bonds shall be signed by the chairperson of the authority, and attested by the secretary and treasurer of the authority, the official seal of the authority shall be affixed thereto, and any coupons attached thereto shall bear the facsimile signatures of the chairperson and secretary and treasurer of the authority. Any coupon may bear the facsimile signatures of such persons; and any bond may be signed, sealed, and attested on behalf of the authority by such persons as, at the actual time of the execution of such bonds, shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes as if he or she had remained in office until such delivery.
12-3-687. All revenue bonds issued under this article shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds are declared to be issued for an essential public and governmental purpose, and the said bonds and the income thereof shall be exempt from all taxation within the state.
12-3-688. The authority may sell such bonds in such manner and for such price as it may determine to be in the best interest of the authority, and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds.
12-3-689. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds with or without coupons exchangeable for definitive bonds upon the issuance of the latter.
12-3-690. The authority may also provide for the replacement of any bond or any coupons which shall become mutilated or be destroyed or lost.
12-3-691. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this article. Any resolution providing for the issuance of revenue bonds under the provisions of this article shall become effective immediately upon its passage and need not be published or posted; and any such resolution may be
FRIDAY, APRIL 12, 2002
4699
passed at any regular or special or adjourned meeting of the authority by a majority of its members.
12-3-692. Revenue bonds issued under the provisions of this article shall not be deemed to constitute a debt of any county in the geographic jurisdiction of the authority or the state nor a pledge of the faith and credit of any of said counties or the state; but such bonds shall be payable solely from the fund provided for in Code Section 12-3-695. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate any of said counties or the state to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Code section.
12-3-693. In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee which may be any trust company or bank having the powers of a trust company within or outside of the state. Such trust indenture may pledge or assign fees, rents, tolls, revenues, and earnings to be received by the authority, including the proceeds derived from the sale from time to time of any surplus property of the authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property; the construction of the project; the maintenance, operation, repair, and insurance of the project; and the custody, safeguarding, and application of all moneys, including the proceeds derived from the sale of property of the authority, both real and personal; and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority; and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.
4700
JOURNAL OF THE HOUSE
12-3-694. The authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank, or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this article and such resolution or trust indenture may provide.
12-3-695. The revenues, rents, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, and any moneys derived from the sale of any properties, both real and personal, of the authority, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide. Such funds so pledged, from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) Any premium upon bonds acquired by the redemption, payment, or otherwise; (4) The necessary charges of the paying agent or agents for paying principal and interest; and (5) Any investment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture; but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds; and any such bonds so purchased or redeemed shall forthwith be canceled and shall not be reissued, printed, and delivered.
12-3-696. Except to the extent the rights given in this Code section may be restricted by resolution passed before the issuance of bonds or by a trust indenture, any holder of revenue bonds or interest coupons issued under this article, any receiver for such holders, or any indenture trustee, if any, may either at law or in equity, by action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted by this article or under such resolution or trust indenture. Such holder, receiver, or trustee may enforce and compel performance of all duties required
FRIDAY, APRIL 12, 2002
4701
by this article, or by resolution or trust indenture, to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects. In the event of default of the authority upon the principal and interest obligations of any revenue bond issue, such holder, receiver, or trustee shall be subrogated to each and every right, specifically including the contract rights of collecting rental, which the authority may possess against the state or any department, agency, or institution of the state and, in the pursuit of his or her or its remedies as subrogee, may proceed either at law or in equity, by action, mandamus, or other proceedings, to collect any sums by such proceedings due and owing to the authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which such holder, receiver, or trustee is representative. No holder, receiver, or trustee shall have the right to compel any exercise of the taxing power of the state to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the state, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the state.
12-3-697. The authority is authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this article and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this article insofar as the same may be applicable.
12-3-698. Any action to protect or enforce any rights under the provisions of this article or any action against such authority shall be brought in the superior court of one of the counties in the geographic jurisdiction of the authority; and any action pertaining to validation of any bonds issued under the provisions of this article shall likewise be brought in one of said courts which shall have exclusive, original jurisdiction of such actions.
12-3-699. Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36. The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia or the United States government or any department or agency of the United States government, if subject to having such action brought against it and if consenting to same, which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated; and the state or such municipality,
4702
JOURNAL OF THE HOUSE
county, authority, political subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as a part of the basis of the security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same, the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the Power Alley Development Authority.
12-3-700. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds; and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds; nor will the state itself so compete with the authority. The provisions of this article shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
12-3-701. All moneys received pursuant to the authority of this article, whether as proceeds from the sale of revenue bonds; as grants or other contributions; or as revenues, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this article.
12-3-702. Without limiting the generality of any provisions of this article, the general purpose of the authority is declared to be that of economic and tourism development in the geographic jurisdiction of the authority through acquiring, constructing, financing, equipping, maintaining, marketing, or operating projects as defined in this article and acquiring the necessary property therefor, both real and personal, and leasing or selling any or all of such facilities, including real property, and doing any and all things deemed by the authority to be necessary, convenient, or desirable for and incident to the efficient and proper development and operation of such types of undertakings.
12-3-703. The authority is authorized to prescribe and revise from time to time rates, rents, fees, tolls, and charges, and to collect such rates, rents, fees, tolls, and charges for the services, facilities, or commodities furnished, including leases, concessions, or subleases of its lands or facilities, and to determine the price and terms at and under
FRIDAY, APRIL 12, 2002
4703
which its lands or facilities may be sold and, in anticipation of the collection of the revenues and income of such undertakings or projects, to issue revenue bonds as provided in this article to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment, or extension of its lands and facilities and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, betterments, or extensions thereto thereafter made or the sale of any of its lands and facilities.
12-3-704. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this article, including the basis on which recreational facilities shall be furnished.
12-3-705. (a) All meetings of the authority shall be opened to the public at all times. Ample notice shall be given to all members of the authority and to the public of any special or called meeting of the authority. The minutes of all meetings and all actions taken by the authority shall likewise be opened to public inspection. (b) Each purchase made in behalf of the authority of personal property or services in excess of $5,000.00 shall be accomplished pursuant to competitive bids, after having published invitations to bid in one or more newspapers in general circulation in the state prior to the award of any contract. All bids shall be opened during meetings of the authority, and the rejection or acceptance thereof shall be entered upon the minutes of the authority. (c) Any surplus or unserviceable property of the authority shall be disposed of pursuant to competitive bids which shall be advertised in one or more newspapers in general circulation in the state. All bids for the disposal of such property shall be opened during public meetings of the authority, and the acceptance or rejection thereof shall be entered upon the minutes of the authority. (d) At the conclusion of each fiscal year of the authority, the affairs of the authority shall be audited by a certified public accounting firm. A synopsis of the audit shall be published in one or more newspapers in general circulation in the geographic jurisdiction of the authority as soon as the report of the auditors is submitted to the authority. (e) All funds of the authority which are not required for the normal operations of the authority shall be invested in interest-bearing investments within 30 days of their receipt by the authority.
12-3-706. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential
4704
JOURNAL OF THE HOUSE
governmental function in the exercise of the power conferred upon it by this article. This state covenants with the holders of the bonds that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision, or upon its activities in the operation or maintenance of the buildings erected or acquired by it, or upon any fees, rentals, or other charges for the use of such buildings, or upon other income received by the authority. Further, this state covenants that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The exemption provided in this Code section shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority.
12-3-707. (a) Every member of the authority and every employee of the authority who knowingly has any interest, direct or indirect, in any contract to which the authority is or is about to become a party, or in any other business of the authority, or in any firm or corporation doing business with the authority, shall make full disclosure of such interest to the authority. Failure to disclose such an interest shall constitute cause for which an authority member may be removed or an employee discharged or otherwise disciplined at the discretion of the authority. (b) Provisions of Article 1 of Chapter 10 of Title 16, Code Sections 16-10-21 and 1610-22, and Code Sections 16-10-92 and 16-10-93, regulating the conduct of officers, employees, and agents of political subdivisions, municipal and other public corporations, and other public organizations, shall be applicable to the conduct of members, officers, employees, and agents of the authority. (c) Any contract or transaction of the authority involving a conflict of interest not disclosed under subsection (a) of this Code section, or involving a violation of Article 1 of Chapter 10 of Title 16, Code Sections 16-10-21 and 16-10-22, and Code Sections 1610-92 and 16-10-93, or involving a violation of any other provision of law regulating conflicts of interest which is applicable to the authority or its members, officers, or employees shall be voidable by the authority.
12-3-708. Any other provision of this article to the contrary notwithstanding, the authority shall not incur any debt of any kind, whether through contract, mortgage, or otherwise, or encumber any real or personal property in any manner unless such action has been approved in advance, in writing, by the Georgia State Financing and Investment Commission as defined by Article VII, Section IV, Paragraph VII of the Constitution and Article 2 of Chapter 17 of Title 50, the 'Georgia State Financing and Investment Commission Act.'"
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
FRIDAY, APRIL 12, 2002
4705
Representative Coleman of the 142nd moved that the House agree to the Senate substitute to HB 744.
On the motion, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Barnes Y Bell Y Benfield
Birdsong Y Black Y Boggs
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 Y Collins
Connell Y Cooper
Y Cox Y Crawford Y Cummings Y Davis E Day
Dean Y Deloach, B E Deloach, G Y Dix
Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd N 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 Y Holmes
Houston Y Howard
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce
Kaye Y Keen
Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey E 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 E Pelote Y Pinholster Y Poag Y Porter
Powell Purcell Y Ragas Y Randall Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D Roberts, L Y Rogers Y Royal Sailor N Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Skipper
Y Smith, B Smith, C
Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T E Smith, V
Smyre Y Snelling Y 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 Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard E Williams, J Y Williams, R Y Wix Y Yates Murphy, Speaker
On the motion, the ayes were 141, nays 5. The motion prevailed.
The following Bills of the House were taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
4706
JOURNAL OF THE HOUSE
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 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.
Representative Holmes of the 53rd moved that the House insist on its position in disagreeing to the Senate substitute to HB 1213 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Holmes of the 53rd, Hudson of the 156th and DeLoach of the 172nd.
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.
Representative Barnes of the 97th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1062 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.
FRIDAY, APRIL 12, 2002
4707
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Reichert of the 126th, Jenkins of the 110th and Barnes of the 97th.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference 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 report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 1441
The Committee of Conference on HB 1441 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1441 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Steve Thompson Senator, 33rd District
/s/ Charlie Smith, Jr. Representative, 175th District
/s/ Connie Stokes Senator, 43rd District
/s/ A. Richard Royal Representative, 164th District
4708
JOURNAL OF THE HOUSE
/s/ Charlie B. Tanksley Senator, 32nd District
/s/ H. Turnquest Representative, 73rd District
A BILL
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for tax credits with respect to rehabilitation of historic structures; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner, the Department of Revenue and the Department of Natural Resources; to change certain provisions regarding assignment of corporate income tax credits; to change certain provisions regarding the sales and use tax exemption regarding the sale or lease of certain computer equipment; to provide for additional conditions and limitations; 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 provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new Code section immediately following Code Section 48-7-29.7, to be designated Code Section 48-7-29.8, to read as follows:
"48-7-29.8. (a) As used in this Code section, the term:
(1) 'Certified rehabilitation' means repairs or alterations to a certified structure which are certified by the Department of Natural Resources as meeting the United States Secretary of the Interiors Standards for Rehabilitation or the Georgia Standards for Rehabilitation as provided by the Department of Natural Resources. (2) 'Certified structure' means a historic building or structure that is individually listed in the Georgia Register of Historic Places or is certified by the Department of Natural Resources as contributing to the historic significance of a Georgia Register Historic District. (3) 'Historic home' means a certified structure which, or any portion of which is or will, within a reasonable period, be owned and used as the principal residence of the person claiming the tax credit allowed under this Code section. Historic home shall include any structure or group of structures that constitute a multifamily or multipurpose structure, including a cooperative or condominium. If only a portion of a building is used as such persons principal residence, only those qualified rehabilitation expenditures that are properly allocable to such portion shall be deemed to be made to a historic home.
FRIDAY, APRIL 12, 2002
4709
(4) 'Qualified rehabilitation expenditure' means any amount properly chargeable to a capital account expended in the substantial rehabilitation of a structure that by the end of the taxable year in which the certified rehabilitation is completed is a certified structure. This term does not include the cost of acquisition of the certified structure, the cost attributable to enlargement or additions to an existing building, site preparation, or personal property. (5) 'Substantial rehabilitation' means rehabilitation of a certified structure for which the qualified rehabilitation expenditures, at least 5 percent of which must be allocable to the exterior during the 24 month period selected by the taxpayer ending with or within the taxable year, exceed:
(A) For a historic home, the lesser of $25,000.00 or 50 percent of the adjusted basis of the property as defined in subparagraph (a)(1)(B) of Code Section 48-5-7.2; or, in the case of a historic home located in a target area $5,000.00; or (B) For any other certified structure, the greater of $5,000.00 or the adjusted basis of the property. (6) 'Target area' means a qualified census tract under Section 42 of the Internal Revenue Code of 1986, found in the United States Department of Housing and Urban Development document number N-94-3821; FR-3796-N-01. (b) A taxpayer shall be allowed a tax credit against the tax imposed by this chapter for the taxable year in which the certified rehabilitation is completed: (1) In the case of a historic home, equal to 10 percent of qualified rehabilitation expenditures, except that, in the case of a historic home located within a target area, an additional credit equal to 5 percent of qualified rehabilitation expenditures shall be allowed; and (2) In the case of any other certified structure, equal to 20 percent of qualified rehabilitation expenditures. (c) In no event shall credits for a historic home or certified structure exceed $5,000.00 in any 120 month period. (d) In order to be eligible to receive the credit authorized under subsection (b) of this Code section, a taxpayer must attach to the taxpayers state tax return a copy of the certification of the Department of Natural Resources verifying that the improvements to the certified structure are consistent with the Department of Natural Resources Standards for Rehabilitation. (e)(1) If the credit allowed under this Code section in any taxable year exceeds the total tax otherwise payable by the taxpayer for that taxable year, the taxpayer may apply the excess as a credit for succeeding years until the earlier of: (A) The full amount of the excess is used; or (B) The expiration of the tenth taxable year after the taxable year in which the certified rehabilitation has been completed. (2) No such credit shall be allowed the taxpayer against prior years tax liability. (f) In the case of any rehabilitation which may reasonably be expected to be completed in phases set forth in architectural plans and specifications completed before the
4710
JOURNAL OF THE HOUSE
rehabilitation begins, a 60 month period may be substituted for the 24 month period provided for in paragraph (5) of subsection (a) of this Code section.
(g)(1) Except as otherwise provided in subsection (h) of this Code section, in the event a tax credit under this Code section has been claimed and allowed the taxpayer, upon the sale or transfer of the certified structure, the taxpayer shall be authorized to transfer the remaining unused amount of such credit to the purchaser of such certified structure. If a historic home for which a certified rehabilitation has been completed by a nonprofit corporation is sold or transferred, the full amount of the credit to which the nonprofit corporation would be entitled if taxable shall be transferred to the purchaser or transferee at the time of sale or transfer. (2) Such purchaser shall be subject to the limitations of subsection (e) of this Code section. Such purchaser shall file with such purchasers tax return a copy of the approval of the rehabilitation by the Department of Natural Resources as provided in subsection (d) and a copy of the form evidencing the transfer of the tax credit. (3) Such purchaser shall be entitled to rely in good faith on the information contained in and used in connection with obtaining the approval of the credit including, without limitation, the amount of qualified rehabilitation expenditures. (h)(1) If an owner other than a nonprofit corporation sells a historic home within three years of receiving the credit, the seller shall recapture the credit to the Department of Revenue as follows:
(A) If the property is sold within one year of receiving the credit, the recapture amount will equal the lesser of the credit or the net profit of the sale; (B) If the property is sold within two years of receiving the credit, the recapture amount will equal the lesser of two-thirds of the credit or the net profit of the sale; or (C) If the property is sold within three years of receiving the credit, the recapture amount will equal the lesser of one-third of the credit or the net profit of the sale. (2) The recapture provisions of this subsection shall not apply to a sale resulting from the death of the owner. (i) The tax credit allowed under this Code section, and any recaptured tax credit, shall be allocated among some or all of the partners, members, or shareholders of the entity owning the project in any manner agreed to by such persons, whether or not such persons are allocated or allowed any portion of any other tax credit with respect to the project. (j) The Department of Natural Resources and the Department of Revenue shall prescribe such regulations as may be appropriate to carry out the purposes of this Code section. (k) The Department of Natural Resources shall report, on an annual basis, on the overall economic activity, usage, and impact to the state from the rehabilitation of eligible properties for which credits provided by this Code section have been allowed."
FRIDAY, APRIL 12, 2002
4711
SECTION 2. Said title is further 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 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.
4712
JOURNAL OF THE HOUSE
(f) Notwithstanding the subsequent occurrence of any transaction, corporations that were treated as affiliated entities on December 31, 2001, shall continue to be so treated with respect to each other for purposes of this Code section for the taxable year during which they otherwise would cease to be affiliated entities (but for the modification contained in this subsection (f)) and for the succeeding ten taxable years, but only if either the assignor or the recipient of the credit in question is a corporation as described in subparagraph (d)(2.2)(B) of Code Section 48-7-31 as it existed on December 31, 2001."
SECTION 3. Said title is further amended by striking paragraph (68) of Code Section 48-8-3, relating to exemptions from sales and use tax, and inserting in its place a new paragraph (68) to read as follows:
"(68)(A) The sale or lease of computer equipment to be incorporated into a facility or facilities in this state to any high-technology company classified under North American Industrial Classification System code 51121, 51331, 51333, 51334, 51421, 52232, 54133, 54171, 54172, 334413, 334611, 513321, 513322, 514191, 541511, 541512, 541513, or 541519 where such sale of computer equipment for any calendar year exceeds $15 million, or, in the event of a lease of such computer equipment, the fair market value of such leased computer equipment for any calendar year exceeds $15 million. (B) Any person making a sale or lease of computer equipment to a high-technology company as specified in subparagraph (A) of this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes such seller with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the computer equipment without paying the tax. As a condition precedent to the issuance of the certificate, the commissioner, at such commissioners discretion, may require a good and valid bond with a surety company authorized to do business in this state as surety or may require legal securities, in an amount fixed by the commissioner, conditioned upon payment by the purchaser of all taxes due under this article in the event it should be determined that the sale fails to meet the requirements of this subparagraph.
(C)(i) As used in this paragraph, the term 'computer equipment' means any individual computer terminal or organized assembly of hardware, including, but not limited to, central processing units and related peripheral equipment such as scanners, printers, electronic data storage devices, memory chips, data transmission equipment, and software products, including operating systems and library and maintenance routines or organized assembly of hardware or software, such as a server farm, mainframe or midrange computer, mainframe-driven high speed print and mailing devices, and workstations connected to those devices via high bandwidth connectivity such as a local area network, wide area network, or any other data transport technology which performs one of the following functions: storage or management of production data, hosting of production
FRIDAY, APRIL 12, 2002
4713
applications, hosting of application systems development activities, or hosting of applications systems testing. (ii) The term shall not include:
(I) Telephone central office equipment or other voice data transport technology; or (II) Equipment with imbedded computer hardware or software which is primarily used for training, product testing, or in a manufacturing process; (D) Any corporation, partnership, limited liability company, or any other similar entity which qualifies for the exemption and is affiliated in any manner with a nonqualified corporation, partnership, limited liability company, or any other similar entity must conduct at least a majority of its business with entities with which it has no affiliation;"
SECTION 4. 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.
4714
JOURNAL OF THE HOUSE
(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. (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
FRIDAY, APRIL 12, 2002
4715
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 (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
4716
JOURNAL OF THE HOUSE
less than the amount of the claim), subject only to the receipt of an allocation pursuant to Code Section 48-18-4.
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,
FRIDAY, APRIL 12, 2002
4717
all such applications shall be reviewed and approved simultaneously, except in the case of incomplete applications or applications for which additional information is requested 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
4718
JOURNAL OF THE HOUSE
for any insurance contract written in this state because of a reduction in the certified 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
FRIDAY, APRIL 12, 2002
4719
portion of the tax credits allocated to such certified investor in the certified capital 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
4720
JOURNAL OF THE HOUSE
investment which it proposes to make should be considered a qualified investment. 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;
FRIDAY, APRIL 12, 2002
4721
(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.
4722
JOURNAL OF THE HOUSE
(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;
FRIDAY, APRIL 12, 2002
4723
(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 5. (a) Section 2, this section, and Section 6 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. (b) Section 3 of this Act shall become effective on October 1, 2002. (c) Section 4 of this Act shall become effective on March 1, 2003. (d) Section 1 of this Act shall become effective on January 1, 2004, and shall be applicable to all taxable years beginning on or after that date.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Representative Smith of the 175th moved that the House adopt the report of the Committee of Conference on HB 1441.
4724
JOURNAL OF THE HOUSE
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
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
Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
Y Cox Y Crawford Y Cummings Y Davis E Day
Dean Y Deloach, B E 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 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 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
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 E Pelote Y Pinholster 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
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 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
Walker, L Y Walker, R.L Y Watson
West Y Westmoreland Y Wiles Y Wilkinson Y Willard E Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
On the motion, the ayes were 159, nays 0. The motion prevailed.
Representative Mosley of the 171st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:
FRIDAY, APRIL 12, 2002
4725
SB 210. By Senators Tanksley of the 32nd, Thompson of the 33rd, Ray of the 48th, Hecht of the 34th, Meyer von Bremen of the 12th and others:
A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the O.C.G.A., relating to medical information, so as to clarify the procedures for subpoenaing medical records; to provide for legislative findings; to reconcile federal privacy regulations with state judicial decisions; to define a certain term; to provide conditions under which a provider shall be required to release medical records concerning a patient pursuant to a subpoena; to provide for notice to a patient who is the subject of medical records being subpoenaed; to provide for objections by patients; to provide for medical records of minors; to amend Chapter 33 of Title 31 of the O.C.G.A., relating to health records, so as to change the definition of a certain term; to repeal conflicting laws; and for other purposes.
Representative Bordeaux of the 151st moved that the House insist on its position in substituting SB 210.
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
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch
Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway
Y Cox Y Crawford Y Cummings Y Davis E Day Y Dean Y Deloach, B E Deloach, G Y Dix
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 Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning
Y Mueller Y Muntean
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 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 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
4726
Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
JOURNAL OF THE HOUSE
Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard
Y Massey E 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
On the motion, the ayes were 163, nays 0. The motion prevailed.
Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard E Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
Representative Westmoreland of the 104th moved that the House waive the one hour rule to have the Conference Committee Report on the desks.
The motion prevailed.
The Speaker assumed the Chair.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 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.
The following Senate substitute was read:
FRIDAY, APRIL 12, 2002
4727
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 17-7-71, 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; to provide that citations may be 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. Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts generally, is amended by inserting a new Code section to read as follows:
"36-32-10.2. Notwithstanding any other contrary provision of law, in municipal courts which have jurisdiction over misdemeanor offenses or ordinance violations, such offenses or violations may be tried upon a uniform traffic citation, summons, citation, or an accusation."
SECTION 2. Code Section 17-7-71 of the Official Code of Georgia Annotated, 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, is amended by striking subsections (a) and (f) and inserting in lieu thereof the following:
"(a) In all misdemeanor cases in superior, state, or county courts, the defendant may be tried upon an accusation framed and signed by the prosecuting attorney of the court. The accusation need not be supported by an affidavit except in those cases where the defendant has not been previously arrested in conjunction with the transaction charged in the accusation and where the accusation is to be used as the basis for the issuance of a warrant for the arrest of the defendant." "(f) Prior to trial, the prosecuting attorney may amend the accusation, summons, or any citation to allege or to change the allegations regarding any offense arising out of the same conduct of the defendant which gave rise to any offense alleged or attempted to be alleged in the original accusation, summons, or citation. A copy of any such amendment shall be served upon the defendant or his or her counsel and the original filed with the clerk of the court. On motion, the court shall grant the defendant a
4728
JOURNAL OF THE HOUSE
continuance which is reasonably necessitated by an amendment. If any additional charges against the defendant are made the judge shall advise the defendant that he or she has an automatic right to a continuance."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Snow of the 2nd moved that the House agree to the Senate substitute to HB 1169.
On the motion, the roll call was ordered and the vote was as follows:
N Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes 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 Cox Y Crawford Y Cummings Y Davis E Day
Dean Y Deloach, B E 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 Holland Y Holmes
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y 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 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 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 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 E Williams, J Y Williams, R Y Wix
Y Connell Cooper
FRIDAY, APRIL 12, 2002
Y Houston Y Howard
Y Morris Y Mosley
Y Sinkfield Y Skipper
On the motion, the ayes were 161, nays 1. The motion prevailed.
4729
Y Yates Murphy, Speaker
The following Bills of the House were taken up for the purpose of considering the Senate's insistence on its position in substituting or amending the same:
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 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.
Representative Snow of the 2nd moved that the House insist on its position in disagreeing to the Senate amendment to HB 1481 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Powell of the 23rd, Sims of the 167th and Snow of the 2nd.
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
4730
JOURNAL OF THE HOUSE
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.
Representative James of the 140th moved that the House insist on its position in disagreeing to the Senate substitute to HB 719 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 Purcell of the 147th, Floyd of the 138th and James of the 140th.
The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:
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.
Representative Squires of the 78th moved that the House insist on its position in substituting SB 407.
The motion prevailed.
FRIDAY, APRIL 12, 2002
4731
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has disagreed to the House amendment to the Senate amendment to the following bill of the House:
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.
The Senate has disagreed to the House substitute to the following bill of the Senate:
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 the report of the Committee of Conference on the following bill of the House:
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
4732
JOURNAL OF THE HOUSE
authorize a salary differential for citizen soldiers who are public officers or employees; and for other purposes.
The Senate has agreed to the House substitutes as amended by the Senate to the following bills of the Senate:
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.
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.
The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:
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
FRIDAY, APRIL 12, 2002
4733
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.
Representative Ehrhart of the 36th moved that the House insist on its position in substituting SB 393.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
HB 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.
Representative Powell of the 23rd moved that the House insist on its position in disagreeing to the Senate amendment to HB 1179 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Powell of the 23rd, Parham of the 122nd and McCall of the 90th.
4734
JOURNAL OF THE HOUSE
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 24. By Representatives Golick of the 30th, Lord of the 121st, Dodson of the 94th, Harbin of the 113th and Maddox of the 72nd:
A BILL to amend Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair or deceptive acts or practices in the business of insurance, so as to prohibit certain discriminatory practices based on race, color, or national or ethnic origin; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair or deceptive acts or practices in the business of insurance, so as to prohibit additional discriminatory practices based on race, color, or national or ethnic origin; to provide for remedies for violations; 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; 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 33-6-4 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair or deceptive acts or practices in the business of insurance, is amended by inserting a new division (b)(8)(A)(iv) and a new subsection (d) to read as follows:
"(iv) Unfair discrimination prohibited by the provisions of this subparagraph includes discrimination based on race, color, and national or ethnic origin. In addition, in connection with any kind of insurance, it shall be an unfair and deceptive act or practice to refuse to insure or to refuse to continue to insure an individual; to limit the amount, extent, or kind of coverage available to an individual; or to charge an individual a different rate for the same coverage because of the race, color, or national or ethnic origin of that individual or to base such refusal, limitation, or rates on criteria which have the effect of discriminating
FRIDAY, APRIL 12, 2002
4735
on the basis of race, color, or national or ethnic origin. The prohibitions of this division are in addition to and supplement any and all other provisions of Georgia law prohibiting such discrimination which were previously enacted and currently exist, or which may be enacted subsequently, and shall not be a limitation on such other provisions of law." "(d) A violation of this Code section shall give rise to a civil cause of action for damages resulting from such violation including, but not limited to, all damages recoverable for breach of insuring agreements under Georgia law including damages for bad faith and attorneys fees and costs of litigation. A violation of this Code section shall also give rise to the awarding of punitive or exemplary damages in an amount as may be determined by the trier of fact if such violation is found to be intentional. The remedies provided herein are in addition to and cumulative of all other remedies that may now or hereafter be provided by law."
SECTION 1A. 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 subsections (b) and (c) and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) Whenever any insurer undertakes Any insurer, pursuant to any automobile liability or motor vehicle liability insurance policy, to shall pay reasonable benefits for 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 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 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 pay benefits to a third party on behalf of an insured for the loss of use of such motor vehicle issued, delivered, or renewed in this state on or after November 1, 1982 July 1, 2002."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Lord of the 121st moves to amend the Senate amendment to HB 24 by striking lines 2 through 23 on page 1 and inserting in lieu thereof the following:
4736
JOURNAL OF THE HOUSE
"Amend the Senate Insurance and Labor Committee substitute to HB 24 by striking 'amend Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair or deceptive acts or practices in the business of insurance, so as to prohibit additional discriminatory practices based on race, color, or national or ethnic origin; to provide for remedies for violations;' and inserting in lieu thereof '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 amend Chapter 22 of Title 33 of the Official Code of Georgia Annotated, relating to insurance premium finance companies, so as to change certain provisions relating to requirements for license for transaction of business, fees, change of address, and examination of applicants; to change certain provisions relating to maintenance of records of transactions by licensees and examination of records by the Commissioner of Insurance; to change certain provisions relating to form, contents, execution, and delivery of premium finance agreements; to change certain provisions relating to service charges; to change certain provisions relating to notice to insured by premium finance company, copy of premium finance agreement, and notice of existence of power of attorney; to change certain provisions relating to procedure for cancellation of insurance contract upon default; to change certain provisions relating to disposition of unearned premiums upon cancellation of insurance policies; to provide for use of electronic records and signatures subject to certain provisions of law; to change certain provisions relating to applicability of said chapter;'.
By striking lines 8 through 26 on page 1 and lines 1 through 5 on page 2 and inserting in lieu thereof the following:
'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
FRIDAY, APRIL 12, 2002
4737
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."
SECTION 2. Chapter 22 of Title 33 of the Official Code of Georgia Annotated, relating to insurance premium finance companies, is amended by striking subsection (c) of Code Section 3322-3, relating to requirements for license for transaction of business, fees, change of address, and examination of applicants, and inserting in lieu thereof the following:
"(c) Before any licensee changes his or her address, he or she shall return his license to the Commissioner who shall endorse the license indicating the change inform the Commissioner of the change in writing."
SECTION 3. Said chapter is further amended by striking subsection (b) of Code Section 33-22-7, relating to maintenance of records of transactions by licensees and examination of records by the Commissioner of Insurance, and inserting in lieu thereof the following:
"(b) Every licensee shall preserve its records of its premium finance transactions, including cards used in a card system, for at least three years after making the final entry in respect to any premium finance agreement. The preservation of records in photographic or electronic form shall constitute compliance with this requirement."
SECTION 4. Said chapter is further amended by striking Code Section 33-22-8, relating to form, contents, execution, and delivery of premium finance agreements, and inserting in lieu thereof the following:
"33-22-8. (a) A premium finance agreement shall:
(1) Be dated and signed by or on behalf of the insured, and the printed portion of the agreement shall be in at least approximately eight-point type and shall be readable by an individual with average eyesight; (2) Contain the name and place of business of the insurance agent or insurance broker negotiating the related insurance contract, the name and residence of or place of business of the insured as specified by him or her, the name and place of business of the premium finance company to which payments are to be made, a description of the insurance contracts involved, and the amount of the premium for the contracts; and (3) Set forth the following items, where applicable:
4738
JOURNAL OF THE HOUSE
(A) The total amount of the premiums; (B) The amount of the down payment; (C) The principal balance (the difference between subparagraphs (A) and (B) of this paragraph); (D) The amount of the service charge, including the additional charge as provided in Code Section 33-22-9; (E) The balance payable by the insured (the sum of subparagraphs (C) and (D) of this paragraph); and (F) The number of payments required, the amount of each payment expressed in dollars, and the due date or period of payment. (b) The items set out in paragraph (3) of subsection (a) of this Code section need not be stated in the sequence or order in which they appear in such clause, and additional items may be included to explain the computations made in determining the amount to be paid by the insured. (c) The licensee or the insurance agent or insurance broker shall deliver to the insured or send by electronic means or mail to the insured at his or her address shown in the agreement a complete copy of the agreement. (d) Whenever an insurance policy has been financed pursuant to this chapter, an additional premium to such policy or a renewal or extension of such policy may be financed with the same premium finance company without the execution of a new premium finance agreement. The premium finance company or the insurance agent or insurance broker shall mail or deliver to the insured deliver to the insured or send by electronic means or mail to the insured at his or her address shown in the agreement an addendum to the existing premium finance agreement in the same manner as provided in subsection (c) of this Code section, and such addendum shall contain the information required under subsection (a) of this Code section."
SECTION 5. Said chapter is further amended by striking Code Section 33-22-9, relating to service charges, and inserting in lieu thereof the following:
"33-22-9. (a) As used in this Code section, the term:
(1) 'Commercial insurance premium finance agreement' means any insurance premium finance agreement other than a consumer premium finance agreement. (2) 'Consumer insurance premium finance agreement' means an insurance premium finance agreement, as defined in Code Section 33-22-2, wherein the insurance contracts which are the subject of the premium finance agreement are for personal, family, or household purposes or where the premiums for those agreements are $3,000.00 or less rather than business or professional purposes. (b) A premium finance company shall not charge, contract for, receive, or collect a service charge other than as permitted by this chapter. (c) The service charge shall be computed on the balance of the premiums due, after subtracting the down payment made by the insured in accordance with the premium
FRIDAY, APRIL 12, 2002
4739
finance agreement, from the effective date of the insurance coverage for which the premiums are being advanced, to and including the date when the final payment of the premium finance agreement is payable; provided, however, that service charges as specified in the premium finance agreement may continue to be charged until such agreement is paid in full. (d) The service charge per consumer insurance premium finance agreement shall be a maximum of $12.00 per $100.00 per annum plus an additional charge which shall not exceed $20.00 per premium finance agreement, which additional charge need not be refunded upon prepayment. Any insured may prepay his premium finance agreement in full at any time before the due date of the final payment and in such event the unearned service charge shall be refunded in accordance with the Rule of 78 and shall represent at least as great a proportion of the service charge, if any, as the sum of the periodic balances after the month in which prepayment is made bears to the sum of all periodic balances under the schedule of payments in the agreement. (e) The service charge for a commercial insurance premium finance agreement shall be properly agreed upon by the parties to the contract. The claim or defense of usury by such insureds who enter into such a commercial insurance premium finance agreement or their successors or anyone in their behalf shall not be valid if such agreement is a valid contract in all other respects."
SECTION 6. Said chapter is further amended by striking Code Section 33-22-12.1, relating to notice to insured by premium finance company, copy of premium finance agreement, and notice of existence of power of attorney, and inserting in lieu thereof the following:
"33-22-12.1. Whenever a premium finance company executes a premium finance agreement relative to a personal or family-type policy of insurance, it shall mail or deliver to the insured deliver to the insured or send by electronic means or mail to the insured at his or her address shown in the agreement a copy of the agreement as provided in subsection (c) of Code Section 33-22-8 and a written notice which clearly discloses to the insured the existence of the power of attorney contained in such agreement. The written notice shall substantially comply with the following form:
'NOTICE
Your insurance policy premiums have been financed and are payable on a monthly payment basis. If you do not pay each payment on or before the date due or within 15 days of the date due, we have the right to CANCEL your insurance policy or policies which are financed under the premium finance agreement. To avoid cancellation of your policy or policies, MAKE YOUR PAYMENTS ON TIME.'"
SECTION 7. Said chapter is further amended by striking subsection (b) of Code Section 33-22-13,
4740
JOURNAL OF THE HOUSE
relating to procedure for cancellation of insurance contract upon default, and inserting in lieu thereof the following:
"(b) Not less than ten days written notice shall be mailed to the insured delivered to the insured or sent by electronic means or mailed to the insured at his or her address shown in the agreement of the intent of the premium finance company to cancel the insurance contract unless the default is cured within such ten-day period. A copy of said notice shall also be sent to the insurance agent or insurance broker indicated on the premium finance agreement."
SECTION 8. Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 33-22-14, relating to disposition of unearned premiums upon cancellation of insurance policies, and inserting in lieu thereof the following:
"(b)(1) In the event that the crediting of return premiums to the account of the insured results in a surplus over the amount due from the insured, the premium finance company shall refund the excess within ten working days of receipt of the return premium or tender of return premium to the insured via the agent, agency, or broker placing the insurance and shall furnish such agent, agency, or broker, upon a written request, a report setting forth an itemization of the unearned finance charge and other charges under the premium finance agreement; provided, however, there shall be no refund required when the excess due the insured is less than $2.00 $5.00."
SECTION 9. Said chapter is further amended by adding a new Code Section 33-22-14.1 to read as follows:
"33-22-14.1. Any use or transmission of electronic records or electronic signatures for purposes of this chapter shall be subject to the provisions of Chapter 12 of Title 10, the 'Georgia Electronic Records and Signatures Act.'"
SECTION 10. Said chapter is further amended in Code Section 33-22-16, relating to applicability of said chapter, by striking 'or' at the end of paragraph (5), striking '.' at the end of paragraph (6) and inserting in lieu thereof '; or', and adding a new paragraph (7) to read as follows: "(7) A holder in due course of the receivables generated by a premium finance company but who is not otherwise acting as a premium finance company under the provisions of this chapter."'"
Representative Golick of the 30th moved that the House agree to the Senate substitute, as amended by the House, to HB 24.
On the motion, the roll call was ordered and the vote was as follows:
FRIDAY, APRIL 12, 2002
4741
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 E Day
Dean Y Deloach, B E Deloach, G Y Dix Y Dodson Y Drenner Y 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 Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines
Holland Y Holmes Y Houston
Howard
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce 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
McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
On the motion, the ayes were 157, nays 3. The motion prevailed.
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 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
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 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 E Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
The following Resolution of the House was read:
HR 1696. By Representatives Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Smyre of the 136th, Westmoreland of the 104th and others
4742
JOURNAL OF THE HOUSE
A RESOLUTION
To amend HR 1693 relative to adjournment sine die; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that HR 1693, relative to adjournment sine die, is amended by striking "3:00 P.M." on lines 7 and 8 of page 1 and inserting in lieu thereof: "3:45 P.M."
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
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 N Coan Y Coleman, B Y Coleman, T Y Collins Y Connell N Cooper
Y Cox Y Crawford Y Cummings Y Davis E Day Y Dean Y Deloach, B E Deloach, G N Dix Y Dodson Y Drenner Y Dukes
Ehrhart Y Epps Y Everett Y Floyd
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 N Hines Y Holland Y Holmes Y Houston
Howard
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley N Irvin
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 Lunsford Y Maddox Y Mangham Y Manning Y Massey E 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 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 N 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 E Smith, V Y Smyre N 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
Walker, L N Walker, R.L Y Watson Y West Y Westmoreland N Wiles Y Wilkinson Y Willard E Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
On the adoption of the Resolution, the ayes were 143, nays 13.
FRIDAY, APRIL 12, 2002
4743
The Resolution was adopted.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
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.
The following Senate substitute was read:
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 shall 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:
4744
JOURNAL OF THE HOUSE
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; (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.
FRIDAY, APRIL 12, 2002
4745
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:
(A) Is a member of or meets the criteria for 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 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."
4746
JOURNAL OF THE HOUSE
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 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
FRIDAY, APRIL 12, 2002
4747
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. 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.' The council is expressly prohibited from engaging in any activity which would tend to assist the implementation of Indian gaming in this state, and the council shall immediately notify in writing the Governor, the President of the Senate, and the Speaker of the House of Representatives of any communication it may receive from any source relating to such subject."
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
4748
JOURNAL OF THE HOUSE
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."
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Representative Sholar of the 179th moved that the House agree to the Senate substitute to HB 1337.
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
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 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 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
Jackson, B Y Jackson, L
James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan
Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis
Lord Lucas Y Lunsford Y Maddox Y Mangham Y Manning
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 Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal Y Sailor
Y Smith, B Y Smith, C
Smith, C.W Y Smith, L Y Smith, P 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 N Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson
Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
FRIDAY, APRIL 12, 2002
Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard
Y Massey E McBee Y McCall N McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
N Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
On the motion, the ayes were 157, nays 3. The motion prevailed.
4749
Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard E Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
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.
The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House amendment thereto:
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.
The following Senate amendment was read:
Amend the House amendment to SB 534 which is captioned "House AM to SB 534" by striking lines 1 through 31 of page 1, lines 1 through 31 of page 2, lines 1 through 31 of page 3, and lines 1 through 10 of page 4 and inserting in lieu thereof the following:
"Amend SB 534 by inserting on line 3 of page 1 after the word and symbol 'matters;' the following: 'to change the terms of court of the Tifton Judicial Circuit;'
By redesignating Sections 2 and 3 as Sections 3 and 4, respectively.
4750
JOURNAL OF THE HOUSE
By inserting between lines 16 and 17 of page 1 a new Section 2 and a new Section 3 to read as follows:
'SECTION 2. Said Code section is further 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 3. As Section 2 of this Act provides for the Tifton Judicial Circuit, 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.'"
Representative DeLoach of the 172nd moved that the House agree to the Senate amendment to the House amendment to SB 534.
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 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 Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson
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 Smith, B Y Smith, C
Smith, C.W Y Smith, L Y Smith, P Y Smith, T E Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings
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
FRIDAY, APRIL 12, 2002
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 Y Howard
Y Jordan Joyce
Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis
Lord Lucas Y Lunsford Y Maddox Y Mangham Manning Y Massey E McBee Y McCall Y McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
Y Purcell Y Ragas Y Randall
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
Sims Y Sinkfield Y Skipper
On the motion the ayes were 161, nays 0. The motion prevailed.
4751
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 E Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
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.
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 1696. By Representatives Murphy pf teh 18th, Walker of the 141st, Skipper of the
A resolution relative to adjournment sine die; and for other purposes.
4752
JOURNAL OF THE HOUSE
The Senate insists on its substitute to the following bill of the House:
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 change certain provisions relating to grant certification; to provide for definitions; to provide for procedures, conditions, and limitations; and for other purposes.
The Senate has adopted the report of the Committee of Conference on the following bills of the Senate and House:
SB 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.
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.
HB 1174. By Representatives Morris of the 155th, Lane of the 146th and Scott of the 165th:
FRIDAY, APRIL 12, 2002
4753
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.
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.
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 Senate recedes from its amendments to the following resolution of the House:
HR 1215. By Representative Shanahan of the 10th:
A RESOLUTION designating the Veterans Parkway; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:
4754
JOURNAL OF THE HOUSE
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 following Senate amendments were read:
Senate Amendment #1
Amend HB 1096 by adding after the first semicolon on line 3 of page 1 the following:
"to amend Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions and agencies, so as to change the powers of the Georgia Aviation Hall of Fame Board;".
By renumbering Section 2 as Section 3 and inserting a new Section 2 to read as follows:
"SECTION 2. Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions and agencies, is amended by adding a new Code Section 50-12-72.1 to read as follows:
'50-12-72.1. The Georgia Aviation Hall of Fame Board shall, in furtherance of its purposes and in addition to other powers granted to the board by law, have those powers generally granted by law to state authorities, including specifically, without limitation, the power to acquire, improve, and hold real and personal property and the power to contract with other governmental authorities, departments, and agencies and private entities for such purposes.'"
Senate Amendment #2
Amend HB 1096 by adding after the period on line 4 of page 1 the following:
"creating the I-20 Corridor Regional Airport Study Commission;"
By adding after line 11 of page 12 the following:
FRIDAY, APRIL 12, 2002
4755
SECTION 2 WHEREAS, general aviation is an integral part of a regional economic development program; and
WHEREAS, since September 11, 2001, more and more business executives are relying on general aviation rather than commercial aviation; and
WHEREAS, the East Georgia area of the state competes not only with the Atlanta metropolitan area and the rest of Georgia for economic development opportunities, but must also compete with nearby South Carolina and the comprehensive economic development incentives offered by that state; and
WHEREAS, it is imperative that the necessary infrastructure be in place in the region that will make the region attractive to new business ventures as well as encourage the expansion of existing businesses; and
WHEREAS, economic development in this region of the state should rightly be given a high priority due to the fact that it is comprised of a high percentage of Tier One counties and suffers from a high unemployment rate; and
WHEREAS, with general aviation facilities being such an important element in economic development, it is important that the East Georgia area evaluates its general aviation facilities and prepares a plan to address any deficiencies that exist and to take advantage of any opportunities that will enhance general aviation in the region.
NOW, THEREFORE, BE IT RESOLVED by the Senate that there is created the I-20 Corridor Regional Airport Study Commission to be composed of three members to be appointed by the governing authority of McDuffie County, two members to be appointed of the City of Thomson, and two members which may be appointed by each of the governing authorities of the Counties of Greene, Taliaferro, Wilkes, Lincoln, Warren, and Columbia if they elect to participate. 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 the commission shall be authorized to conduct a study which will inventory existing general aviation airport facilities in the I-20 Corridor between Lake Oconee and Clarks Hill Lake, including the Counties of Greene, Taliaferro, Wilkes, Lincoln, Warren, McDuffie, and Columbia. The study shall analyze the capacity of such existing general aviation facilities to provide the services necessary to retain and attract business to this region and shall make recommendations to the
4756
JOURNAL OF THE HOUSE
General Assembly on any improvements that would make the general aviation infrastructure in this growth corridor more attractive to economic development prospects.
BE IT FURTHER RESOLVED that 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. 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."
Representative Parham of the 122nd moved that the House agree to the Senate amendments to HB 1096.
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 N Burmeister Y Byrd N Callaway Y Campbell Y Cash Y Channell Y Childers
Coan Y Coleman, B Y Coleman, T Y Collins
N 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 Y Floyd N Forster N Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree
Hanner Y Harbin
Harrell Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes
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
Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Massey E McBee Y McCall Y McClinton
McKinney Y Millar N Mills Y Mobley
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
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 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 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
Westmoreland Y Wiles Y Wilkinson Y Willard E Williams, J Y Williams, R Y Wix
Y Connell Cooper
FRIDAY, APRIL 12, 2002
Y Houston Howard
Y Morris Y Mosley
Y Sinkfield Y Skipper
On the motion, the ayes were 150, nays 9. The motion prevailed.
4757
Y Yates Murphy, Speaker
The following Bills of the House and Senate were taken up for the purpose of considering the reports of the Committees of Conference thereon:
HB 410. By Representative Stokes of the 92nd:
A BILL to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to sentencing, so as to allow the trial judge to have continuing authority to modify a sentence for one year from when the sentence is imposed; and for other purposes.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 410
The Committee of Conference on HB 410 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 410 be adopted.
FOR THE SENATE:
/s/ Hamrick Senator, 30th District
/s/ Michael J. Moore Senator, 18th District
/s/ Greg K. Hecht Senator, 34th District
Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Jim Stokes Representative, 92nd District
/s/ Kasim Reed Representative, 52nd District
/s/ Curtis S. Jenkins Representative, 110th District
4758
JOURNAL OF THE HOUSE
A BILL
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 under certain circumstances; to increase the statute of limitations for aggravated sodomy under certain circumstances; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 17-3-1 of the Official Code of Georgia Annotated, relating to limitation on prosecutions generally, is amended by striking the Code section in its entirety and inserting in lieu thereof the following:
"17-3-1. (a) A prosecution for murder may be commenced at any time. (b) Prosecution for other crimes punishable by death or life imprisonment must be commenced within seven years after the commission of the crime except as provided by subsection (c.1) of this Code section; provided, however, that prosecution for the crime of forcible rape must be commenced within 15 years after the commission of the crime. (c) Prosecution for felonies other than those specified in subsections (a) and (b) (a), (b), and (c.1) of this Code section must be commenced within four years after the commission of the crime, provided that prosecution for felonies committed against victims who are at the time of the commission of the offense under the age of 14 18 years must be commenced within seven years after the commission of the crime. (c.1) A prosecution for the following offenses may be commenced at any time when deoxyribonucleic acid (DNA) evidence is used to establish the identity of the accused:
(1) Armed robbery, as defined in Code Section 16-8-41; (2) Kidnapping, as defined in Code Section 16-5-40; (3) Rape, as defined in Code Section 16-6-1; (4) Aggravated child molestation, as defined in Code Section 16-6-4; (5) Aggravated sodomy, as defined in Code Section 16-6-2; or (6) Aggravated sexual battery, as defined in Code Section 16-6-22.2; provided, however, that a sufficient portion of the physical evidence tested for DNA is preserved and available for testing by the accused and provided, further, that, if the DNA evidence does not establish the identity of the accused, the limitation on prosecution shall be as provided in subsections (b) and (c) of this Code section. (d) Prosecution for misdemeanors must be commenced within two years after the commission of the crime."
FRIDAY, APRIL 12, 2002
4759
SECTION 2. This Act shall be effective on July 1, 2002, and apply to crimes which occur on or after July 1, 2002.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Stokes of the 92nd moved that the House adopt the report of the Committee of Conference on HB 410.
On the motion, the roll call was ordered and the vote was as follows:
N Allen Y Amerson N Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y 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
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 E 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
Hammontree 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
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 Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey E McBee Y McCall Y McClinton 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 E 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
Roberts, L 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 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 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 E Williams, J Y Williams, R
Wix Y Yates
Murphy, Speaker
4760
JOURNAL OF THE HOUSE
On the motion, the ayes were 153, nays 2. The motion prevailed.
Representative Scott of the 165th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 585. By Representatives Parham of the 122nd, Graves of the 125th, West of the 101st, Coleman of the 142nd, Childers of the 13th and others:
A BILL to amend Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, so as to provide for the licensing and inspection of pharmacy benefit managers; and for other purposes.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 585
The Committee of Conference on HB 585 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 585 be adopted.
FOR THE SENATE:
/s/ Connie Stokes Senator, 43rd District
/s/ Charles W. Walker Senator, 22nd District
/s/ Don Thomas Senator, 54th District
Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Bobby Eugene Parham Representative, 122nd District
/s/ Ralph Twiggs Representative, 8th District
/s/ David Graves Representative, 125th District
FRIDAY, APRIL 12, 2002
4761
A BILL
To amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for the regulation of the activities and use of pharmacy technicians; to provide for the licensing and inspection of pharmacy benefit managers; to authorize the board to promulgate rules and regulations requiring wholesale drug distributors to provide for the return of outdated drugs for credit or replacement; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by striking subsection (d) of Code Section 26-4-82, relating to duties requiring professional judgment, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The board of pharmacy shall promulgate rules and regulations regarding the activities and utilization of pharmacy technicians in pharmacies; provided, however, that the pharmacist to pharmacy technician ratio shall not exceed one pharmacist providing direct supervision of two three pharmacy technicians. The board may consider and approve an application to increase the ratio in a pharmacy located in a licensed hospital. Such application must be made in writing and must be submitted to the board by the pharmacist in charge of a specific hospital pharmacy in this state. One of the three technicians must:
(1) Have successfully passed a certification program approved by the board of pharmacy; (2) Have successfully passed an employers training and assessment program which has been approved by the board of pharmacy; or (3) Have been certified by either the Pharmacy Technician Certification Board or any other nationally recognized certifying body approved by the board of pharmacy."
SECTION 2. Said chapter is further amended by adding following Code Section 26-4-110 a new Code section to read as follows:
"26-4-110.1. (a) As used in this Code section, the term:
(1) 'Enrollee' means a person eligible to receive health care benefits under a health benefit plan. (2) 'Health benefit plan' means any hospital or medical insurance policy or certificate, health care plan contract or certificate, qualified higher deductible health plan, health maintenance organization subscriber contract, or any managed care plan.
4762
JOURNAL OF THE HOUSE
(3) 'Insurer' means a corporation or other entity which is licensed or otherwise authorized to offer a health benefit plan in this state. (4) 'Pharmacy benefits manager' means any person, corporation, or other entity that administers the prescription drug, prescription device, or both prescription drug and device portion of a health benefit plan on behalf of an insurer but shall not include any pharmacy benefits manager offered pursuant to Chapter 18 of Title 45 or offered on behalf of recipients of medical assistance under Titles XIX and XXI of the federal Social Security Act. (b) Every pharmacy benefit manager providing services or benefits in this state which constitutes the practice of pharmacy as defined in Code Section 26-4-4 shall be licensed to practice as a pharmacy in this state and shall comply with those provisions of Code Section 26-4-110, except subsections (h), (i), and (j) thereof. As a condition for licensing, every pharmacy benefit manager shall permit the board or agents or employees thereof to inspect the premises of such pharmacy benefit manager whether those premises are located within or outside this state."
SECTION 3. Said chapter is further amended by striking subsection (c) of Code Section 26-4-115, relating to wholesale drug distributors, registration, fees, reports of excessive purchases, and penalty for violations, and inserting in its place the following:
"(c) The board shall be authorized to promulgate rules and regulations to facilitate compliance with this Code section. Such rules and regulations shall include a requirement that all wholesale drug distributors required to register pursuant to this Code section shall make adequate provision for the return of outdated drugs, both full and partial containers, for up to six months after the labeled expiration date for prompt full credit or replacement."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Graves of the 125th moved that the House adopt the report of the Committee of Conference on HB 585.
On the motion, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield
Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B E Deloach, G Y Dix
Y Hudgens Y Hudson, N Y 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
Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T E Smith, V
Smyre Y Snelling
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
FRIDAY, APRIL 12, 2002
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 Y 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 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 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
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
On the motion, the ayes were 161, nays 3. The motion prevailed.
4763
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
Westmoreland Y Wiles Y Wilkinson Y Willard E Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
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.
4764
JOURNAL OF THE HOUSE
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON SB 291
The Committee of Conference on SB 291 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 291 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Michael S. Meyer von Bremen Senator, 12th District
/s/ Jeanette Jamieson Representative, 22nd District
/s/ Richard O. Marable Senator, 52nd District
/s/ DuBose Porter Representative, 143rd District
/s/ Faye Smith Senator, 25th District
/s/ Penny Houston Representative, 166th District
A BILL
To amend Chapter 2 of Title 20 of the Official Code Annotated, relating to primary and secondary education, so as to require student codes of conduct to include provisions governing conduct on public school buses; to provide for the contents and review of such provisions; to delete an obsolete provision relating to previous review; to change provisions relating to penalties for students who commit certain acts of physical violence and tribunals for certain alleged acts of physical violence; to provide for the application of certain disciplinary policies to children in kindergarten through grade five; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking Code Section 20-2-751.5, relating to student codes of conduct, and inserting in lieu thereof the following:
FRIDAY, APRIL 12, 2002
4765
"20-2-751.5. (a)(1) Each student code of conduct shall contain provisions that address the following conduct of students during school hours and at school related functions, in a manner that is appropriate to the age of the student:
(A)(1) Verbal assault of teachers, administrators, and other school personnel; (B)(2) Physical assault or battery of teachers, administrators, and other school personnel; (C)(3) Disrespectful conduct toward teachers, administrators, and other school personnel; (D)(4) Verbal assault of other students; (E)(5) Physical assault or battery of other students; (F)(6) Disrespectful conduct toward other students; and (G)(7) Verbal assault of, physical assault or battery of, and disrespectful conduct toward persons attending school related functions. (2) No later than August 15, 2000, each local board of education shall send to the State Board of Education a copy of the provisions of its student code of conduct that address the items identified in paragraph (1) of this subsection. The state board shall review such provisions to ensure that each of the items identified in paragraph (1) of this subsection is addressed and shall notify a local board of education, no later than October 15, 2000, of any items which are not addressed in its submission to the state board. Nothing in this subsection shall be construed as authorizing or requiring the state board to review or approve the substance of the student codes of conduct. (b)(1) Each student code of conduct shall include comprehensive and specific provisions prescribing and governing student conduct and safety rules on all public school buses. The specific provisions shall include but not be limited to:
(A) Students shall be prohibited from acts of physical violence as defined by Code Section 20-3-751.6, bullying as defined by subsection (a) of Code Section 20-3751.4, physical assault or battery of other persons on the school bus, verbal assault of other persons on the school bus, disrespectful conduct toward the school bus driver or other persons on the school bus, and other unruly behavior; (B) Students shall be prohibited from using any electronic devices during the operation of a school bus, including but not limited to cell phones; pagers; audible radios, tape or compact disc players without headphones; or any other electronic device in a manner that might interfere with the school bus communications equipment or the school bus drivers operation of the school bus; and (C) Students shall be prohibited from using mirrors, lasers, flash cameras, or any other lights or reflective devises in a manner that might interfere with the school bus drivers operation of the school bus. (2) If a student is found to have engaged in physical acts of violence as defined by Code Section 20-3-751.6, the student shall be subject to the penalties set forth in such Code section. If a student is found to have engaged in bullying as defined by subsection (a) of Code Section 20-3-751.4 or in physical assault or battery of another person on the school bus, the local school board policy shall require a meeting of the
4766
JOURNAL OF THE HOUSE
parent or guardian of the student and appropriate school district officials to form a school bus behavior contract for the student. Such contract shall provide for progressive age-appropriate discipline, penalties, and restrictions for student misconduct on the bus. Contract provisions may include but shall not be not limited to assigned seating, ongoing parental involvement, and suspension from riding the bus. This subsection is not to be construed to limit the instances when a school code of conduct or local board of education may require use of a student bus behavior contract. (3) No later than August 15, 2002, each local board of education shall send to the State Board of Education a copy of the provisions of its student code of conduct that address the items identified in paragraphs (1) and (2) of this subsection. The state board shall review such provisions to ensure that each of the items identified in paragraphs (1) and (2) of this subsection is addressed and shall notify a local board of education, no later than October 15, 2002, of any items which are not addressed in its submission to the state board. Nothing in this subsection shall be construed as authorizing or requiring the state board to review or approve the substance of the student code of conduct. (b)(c) Any student handbook which is prepared by a local board or school shall include a copy or summary of the student code of conduct for that school or be accompanied by a copy of the student code of conduct for that school. If a student handbook contains a summary of the student code of conduct, then a full copy of the student code of conduct shall be made available for review at the school. When distributing a student code of conduct, a local school shall include a form on which the students parent or guardian may acknowledge his or her receipt of the code, and the local school shall request that the form be signed and returned to the school."
SECTION 2. Said chapter is further amended by striking Code Section 20-2-751.6, relating to disciplinary policy for students committing acts of physical violence against teachers, and inserting in lieu thereof the following:
"20-2-751.6. (a) As used in this Code section, the term 'physical violence' means:
(1) Intentionally making physical contact of an insulting or provoking nature with the person of another; or (2) Intentionally making physical contact which causes physical harm to another unless such physical contacts or physical harms were in defense of himself or herself, as provided in Code Section 16-3-21. (a)(b) Local board of education policies and student codes of conduct shall provide for the suspension of penalties to be assessed against a student who commits found by a tribunal to have committed any act of physical violence resulting in substantial physical injury to a teacher from all public school programs, including alternative education programs, for the remainder of the school quarter or semester against a teacher, school bus driver, or other school official or employee. The local board shall appoint a
FRIDAY, APRIL 12, 2002
4767
disciplinary hearing officer, panel, or tribunal of school officials to hold a disciplinary hearing pursuant to Code Section 20-2-754 regarding the suspension. Notwithstanding any provision of Code Section 20-2-751.2 to the contrary, a local school system shall not enroll any student who has been suspended by another local board of education pursuant to this subsection during the term of the suspension alleged act of physical violence and penalty. Any student alleged to have committed an act of physical violence shall be suspended pending the hearing by the tribunal. The tribunal shall be composed of three teachers or certificated education personnel, appointed by the local school board. The tribunal shall determine all issues of fact and intent and shall submit its findings and recommendations to the local school board for imposition of punishment in accordance with this Code section. If appropriate under paragraph (1) of subsection (c) of this Code section, the tribunals recommendations shall include a recommendation as to whether a student may return to public school and if return is recommended, a recommended time for the students return to public school. The local school board may follow the recommendations of the tribunal or impose penalties not recommended by the tribunal.
(c)(1) A student found by a tribunal to have committed an act of physical violence as defined in paragraph (2) of subsection (a) of this Code section against a teacher, school bus driver, school official, or school employee shall be expelled from the public school system. The expulsion shall be for the remainder of the students eligibility to attend public school pursuant to Code Section 20-2-150. The local school board at its discretion may permit the student to attend an alternative education program for the period of the students expulsion. If the student who commits an act of physical violence is in kindergarten through grade eight, then the local school board at its discretion and on the recommendation of the tribunal may permit such a student to reenroll in the regular public school program for grades nine through 12. If the local school board does not operate an alternative education program for students in kindergarten through grade six, the local school board at its discretion may permit a student in kindergarten through grade six who has committed an act of physical violence as defined in paragraph (2) of subsection (a) of this Code section to reenroll in the public school system; (2) Any student who is found by a tribunal to have committed an act of physical violence against a teacher, school bus driver, school official, or school employee as defined in paragraph (2) of subsection (a) of this Code section shall be referred to juvenile court with a request for a petition alleging delinquent behavior; and (3) Any student who is found by a tribunal to have committed an act of physical violence as defined in paragraph (1) of subsection (a) of this Code section against a teacher, school bus driver, school official, or school employee may be disciplined by expulsion, long-term suspension, or short-term suspension. (b) Notwithstanding any provision of Code Section 20-2-150 to the contrary, a student who has been suspended pursuant to subsection (a) of this Code section shall not be eligible for enrollment in any educational program authorized under Part 3 of Article 6 of this chapter; provided, however, that a local board of education may enroll such a
4768
JOURNAL OF THE HOUSE
student in an alternative education program established pursuant to Code Section 20-2154.1. (c)(d) The provisions of subsection (a) of this Code section shall apply with respect to any local school system which receives state funding pursuant to Code Sections 20-2161 and 20-2-260. (d)(e) Nothing in this Code section shall be construed to infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act of 1990."
SECTION 3. Said chapter is further amended by striking subsection (a) of Code Section 20-2-759, relating to the application of certain disciplinary policies to children in kindergarten through grade five, and inserting in lieu thereof the following:
"20-2-759. (a) Except as otherwise expressly provided in this subpart, this This subpart shall not apply to children in kindergarten through elementary grade five. (b) The local school superintendent shall determine the disciplinary actions or proceedings for children exempt from this subpart under subsection (a) of this Code section."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Jamieson of the 22nd moved that the House adopt the report of the Committee of Conference on SB 291.
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 Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B E Deloach, G
Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster
Y Hudgens Y Hudson, N
Hudson, S Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce Y Kaye Y Keen Y Knox
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
Randall Y Ray Y Reece
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 Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
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 N Collins Y Connell Y Cooper
FRIDAY, APRIL 12, 2002
N 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 Y Holmes Y Houston
Howard
Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey E 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
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
On the motion, the ayes were 154, nays 6. The motion prevailed.
4769
Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs
Unterman Y Walker, L
Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard E Williams, J Y Williams, R Y Wix N Yates
Murphy, Speaker
Due to a mechanical malfunction, the vote of Representative Unterman of the 84th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.
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 report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 1174
4770
JOURNAL OF THE HOUSE
The Committee of Conference on HB 1174 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1174 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Hugh Gillis, Sr. Senator, 20th District
/s/ Greg Morris Representative, 155th District
/s/ Jack Hill Senator, 4th District
/s/ Bob Lane Representative, 146th District
/s/ Tommy Williams Senator, 6th District
/s/ Bob Hanner Representative, 159th District
A BILL
To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to enact the Wildlife Violator Compact; to change certain references; to make certain findings and declarations of policy; to state the purpose of such compact; to define certain terms; to provide procedures for issuing citations for wildlife violations to violators who are residents of participating states; to provide procedures for enforcement of citations by home states; to provide for reciprocal recognition of suspensions; to provide for the applicability of certain laws; to provide procedures for compact administration; to provide for entry into and withdrawal from such compact; to provide for amendments to such compact; to provide for construction and severability; to provide for a title; to provide for rules and regulations; to provide for penalties; 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 provide for hunting deer no closer than 200 yards from and not in sight of feed; 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.
Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by designating the existing portion of Chapter 2, relating to licenses, permits, and stamps
FRIDAY, APRIL 12, 2002
4771
generally, as Article 1 and by inserting at the end thereof the following:
"ARTICLE 2
27-2-40. The Wildlife Violator Compact is enacted into law and entered into by the State of Georgia with any and all states legally joining therein in accordance with its terms. The compact is substantially as follows:
'WILDLIFE VIOLATOR COMPACT ARTICLE I
FINDINGS, DECLARATION OF POLICY, AND PURPOSE
(a) The party states find that: (1) Wildlife resources are managed in trust by the respective states for the benefit of all residents and visitors. (2) The protection of their respective wildlife resources can be materially affected by the degree of compliance with state statute, law, regulation, ordinance, or administrative rule relating to the management of those resources. (3) The preservation, protection, management, and restoration of wildlife contributes immeasurably to the aesthetic, recreational, and economic aspects of these natural resources. (4) Wildlife resources are valuable without regard to political boundaries, therefore, all persons should be required to comply with wildlife preservation, protection, management, and restoration laws, ordinances, and administrative rules and regulations of all party states as a condition precedent to the continuance or issuance of any license to hunt, fish, trap, or possess wildlife. (5) Violation of wildlife laws interferes with the management of wildlife resources and may endanger the safety of persons and property. (6) The mobility of many wildlife law violators necessitates the maintenance of channels of communications among the various states. (7) In most instances, a person who is cited for a wildlife violation in a state other than the persons home state: (A) Must post collateral or bond to secure appearance for a trial at a later date; or (B) If unable to post collateral or bond, is taken into custody until the collateral or bond is posted; or (C) Is taken directly to court for an immediate appearance. (8) The purpose of the enforcement practices described in paragraph (7) of this subdivision is to ensure compliance with the terms of a wildlife citation by the person who, if permitted to continue on the persons way after receiving the citation, could return to the persons home state and disregard the persons duty under the terms of the citation.
4772
JOURNAL OF THE HOUSE
(9) In most instances, a person receiving a wildlife citation in the persons home state is permitted to accept the citation from the officer at the scene of the violation and to immediately continue on the persons way after agreeing or being instructed to comply with the terms of the citation. (10) The practice described in paragraph (7) of this subdivision causes unnecessary inconvenience and, at times, a hardship for the person who is unable at the time to post collateral, furnish a bond, stand trial, or pay the fine, and thus is compelled to remain in custody until some alternative arrangement can be made. (11) The enforcement practices described in paragraph (7) of this subdivision consume an undue amount of law enforcement time. (b) It is the policy of the party states to: (1) Promote compliance with the statutes, laws, ordinances, regulations, and administrative rules relating to management of wildlife resources in their respective states. (2) Recognize the suspension of wildlife license privileges or rights of any person whose license privileges or rights have been suspended by a party state and treat this suspension as if it had occurred in their state. (3) Allow violators to accept a wildlife citation, except as provided in subdivision (b) of Article III, and proceed on the violators way without delay whether or not the person is a resident in the state in which the citation was issued, provided that the violators home state is party to this compact. (4) Report to the appropriate party state, as provided in the compact manual, any conviction recorded against any person whose home state was not the issuing state. (5) Allow the home state to recognize and treat convictions recorded for their residents which occurred in another party state as if they had occurred in the home state. (6) Extend cooperation to its fullest extent among the party states for obtaining compliance with the terms of a wildlife citation issued in one party state to a resident of another party state. (7) Maximize effective use of law enforcement personnel and information. (8) Assist court systems in the efficient disposition of wildlife violations. (c) The purpose of this compact is to: (1) Provide a means through which the party states may participate in a reciprocal program to effectuate policies enumerated in subdivision (b) of this article in a uniform and orderly manner. (2) Provide for the fair and impartial treatment of wildlife violators operating within party states in recognition of the persons right of due process and the sovereign status of a party state.
ARTICLE II DEFINITIONS
FRIDAY, APRIL 12, 2002
4773
Unless the context requires otherwise, the definitions in this article apply through this compact and are intended only for the implementation of this compact: (a) "Citation" means any summons, complaint, ticket, penalty assessment, or other official document issued by a wildlife officer or other peace officer for a wildlife violation containing an order which requires the person to respond. (b) "Collateral" means any cash or other security deposited to secure an appearance for trial, in connection with the issuance by a wildlife officer or other peace officer of a citation for a wildlife violation. (c) "Compliance" with respect to a citation means the act of answering the citation through appearance at a court, a tribunal, or payment of fines, costs, and surcharges, if any, or both such appearance and payment. (d) "Conviction" means a conviction, including any court conviction, of any offense related to the preservation, protection, management, or restoration of wildlife which is prohibited by state statute, law, regulation, ordinance, or administrative rule, or a forfeiture of bail, bond, or other security deposited to secure appearance by a person charged with having committed any such offense, or payment of a penalty assessment, or a plea of nolo contendere, or the imposition of a deferred or suspended sentence by the court. (e) "Court" means a court of law, including Magistrates Court and the Justice of the Peace Court. (f) "Home state" means the state of primary residence of a person. (g) "Issuing state" means the party state which issues a wildlife citation to the violator. (h) "License" means any license, permit, or other public document which conveys to the person to whom it was issued the privilege of pursuing, possessing, or taking any wildlife regulated by statute, law, regulation, ordinance, or administrative rule of a party state. (i) "Licensing authority" means the department within each party state which is authorized by law to issue or approve licenses or permits to hunt, fish, trap, or possess wildlife. (j) "Party state" means any state which enacts legislation to become a member of this wildlife compact. (k) "Personal recognizance" means an agreement by a person made at the time of issuance of the wildlife citation that the person will comply with the terms of that citation. (l) "State" means any state, territory, or possession of the United States, the District of Columbia, Commonwealth of Puerto Rico, Provinces of Canada, or other countries. (m) "Suspension" means any revocation, denial, or withdrawal of any or all license privileges or rights, including the privilege or right to apply for, purchase, or exercise the benefits conferred by any license. (n) "Terms of the citation" means those conditions and options expressly stated upon the citation. (o) "Wildlife" means all species of animals, including but not necessarily limited to mammals, birds, fish, reptiles, amphibians, mollusks, and crustaceans, which are
4774
JOURNAL OF THE HOUSE
defined as "wildlife" and are protected or otherwise regulated by statute, law, regulation, ordinance, or administrative rule in a party state. "Wildlife" also means food fish and shellfish as defined by statute, law, regulation, ordinance, or administrative rule in a party state. Species included in the definition of "wildlife" vary from state to state and determination of whether a species is "wildlife" for the purposes of this compact shall be based on local law. (p) "Wildlife law" means any statute, law, regulation, ordinance, or administrative rule developed and enacted to manage wildlife resources and the use thereof. (q) "Wildlife officer" means any individual authorized by a party state to issue a citation for a wildlife violation. (r) "Wildlife violation" means any cited violation of a statute, law, regulation, ordinance, or administrative rule developed and enacted to manage wildlife resources and the use thereof.
ARTICLE III PROCEDURES FOR ISSUING STATE
(a) When issuing a citation for a wildlife violation, a wildlife officer shall issue a citation to any person whose primary residence is in a party state in the same manner as if the person were a resident of the home state and shall not require the person to post collateral to secure appearance, subject to the exceptions contained in subdivision (b) of this article, if the officer receives the persons personal recognizance that the person will comply with the terms of the citation. (b) Personal recognizance is acceptable:
(1) If not prohibited by local law or the compact manual adopted by the Board of Natural Resources as a rule; and (2) If the violator provides adequate proof of the violators identification to the wildlife officer. (c) Upon conviction or failure of a person to comply with the terms of a wildlife citation, the appropriate official shall report the conviction or failure to comply to the licensing authority of the party state in which the wildlife citation was issued. The report shall be made in accordance with procedures specified by the issuing state and shall contain the information specified in the compact manual adopted by the Board of Natural Resources as a rule as minimum requirements for effective processing by the home state. (d) Upon receipt of the report of conviction or noncompliance required by subdivision (c) of this article, the licensing authority of the issuing state shall transmit to the licensing authority in the home state of the violator the information in a form and content as contained in the compact manual adopted by the Board of Natural Resources as a rule.
ARTICLE IV PROCEDURES FOR HOME STATE
FRIDAY, APRIL 12, 2002
4775
(a) Upon receipt of a report of failure to comply with the terms of a citation from the licensing authority of the issuing state, the licensing authority of the home state shall notify the violator, shall initiate a suspension action in accordance with the home states suspension procedures and shall suspend the violators license privileges or rights until satisfactory evidence of compliance with the terms of the wildlife citation has been furnished by the issuing state to the home state licensing authority. Due process safeguards will be accorded. (b) Upon receipt of a report of conviction from the licensing authority of the issuing state, the licensing authority of the home state shall enter such conviction in its records and shall treat such conviction as if it occurred in the home state for the purposes of the suspension of license privileges. (c) The licensing authority of the home state shall maintain a record of actions taken and make reports to issuing states as provided in the compact manual adopted by the Board of Natural Resources as a rule.
ARTICLE V RECIPROCAL RECOGNITION OF SUSPENSION
All party states shall recognize the suspension of license privileges or rights of any person by any state as if the violation on which the suspension is based had in fact occurred in their state and would have been the basis for suspension of license privileges or rights in their state.
ARTICLE VI APPLICABILITY OF OTHER LAWS
Except as expressly required by provisions of this compact, nothing herein shall be construed to affect the right of any party state to apply any of its laws relating to license privileges to any person or circumstance, or to invalidate or prevent any agreement or other cooperative arrangements between a party state and a nonparty state concerning wildlife law enforcement.
ARTICLE VII COMPACT ADMINISTRATOR PROCEDURES
(a) For the purpose of administering the provisions of this compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a board of compact administrators is established. The board of compact administrators shall be composed of one representative from each of the party states to be known as the compact administrator. The compact administrator shall be appointed by the head of the licensing authority of each party state, or his or her designee, and will serve and be subject to removal in accordance with the laws of the state the
4776
JOURNAL OF THE HOUSE
administrator represents. A compact administrator may provide for the discharge of the administrators duties and the performance of the administrators functions as a board of compact administrators member by an alternate. An alternate may not be entitled to serve unless written notification of the alternates identity has been given to the board of compact administrators. (b) Each member of the board of compact administrators shall be entitled to one vote. No action of the board of compact administrators shall be binding unless taken at a meeting at which a majority of the total number of votes on the board of compact administrators are cast in favor thereof. Action by the board of compact administrators shall be only at a meeting at which a majority of the party states are represented. (c) The board of compact administrators shall elect annually, from its membership, a chairperson and vice-chairperson. (d) The board of compact administrators shall adopt bylaws, not inconsistent with the provisions of this compact or the laws of a party state, for the conduct of its business and shall have the power to amend and rescind its bylaws. (e) The board of compact administrators may accept for any of its purposes and functions under this compact all donations and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any governmental agency, and may receive, utilize, and dispose of the same. (f) The board of compact administrators may contract with or accept services or personnel from any governmental or intergovernmental agency, individual, firm, corporation, or any private nonprofit organization or institution. (g) The board of compact administrators shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of this compact. All procedures and forms adopted pursuant to board of contact administrators action shall be contained in the compact manual adopted by the Board of Natural Resources as a rule.
ARTICLE VIII ENTRY INTO COMPACT AND WITHDRAWAL
(a) This compact shall become effective when it has been adopted by at least two states.
(b)(1) Entry into the compact shall be made by resolution of ratification executed by the authorized officials of the applying state and submitted to the chairperson of the board of compact administrators. (2) The resolution shall be in a form and content as provided in the compact manual adopted by the Board of Natural Resources as a rule and shall include statements that in substance are as follows:
(A) A citation of the authority by which the state is empowered to become a party to this compact; (B) Agreement to comply with the terms and provisions of the compact; and
FRIDAY, APRIL 12, 2002
4777
(C) That compact entry is with all states then party to the compact and with any state that legally becomes a party to the compact. (3) The effective date of entry shall be specified by the applying state, but shall not be less than sixty days after notice has been given by the chairperson of the board of compact administrators or by the secretariat of the board of compact administrators to each party state that the resolution from the applying state has been received. (c) A party state may withdraw from this compact by official written notice to the other party states, but a withdrawal shall not take effect until ninety days after notice of withdrawal is given. The notice shall be directed to the compact administrator of each member state. No withdrawal shall affect the validity of this compact as to the remaining party states.
ARTICLE IX AMENDMENTS TO THE COMPACT
(a) This compact may be amended from time to time. Amendments shall be presented in resolution form to the chairperson of the board of compact administrators and may be initiated by one or more party states. (b) Adoption of an amendment shall require endorsement by all party states and shall become effective thirty days after the date of the last endorsement. (c) Failure of a party state to respond to the compact chairperson within one hundred twenty days after receipt of the proposed amendment shall constitute endorsement.
ARTICLE X CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate the purposes stated herein. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, individual, or circumstance is held invalid, the compact shall not be affected thereby. If this compact shall be held contrary to the constitution of any party state thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
ARTICLE XI TITLE
This compact shall be known as the wildlife violator compact.
27-2-41. The Board of Natural Resources shall make and publish such rules and regulations, not inconsistent with law, as it deems necessary to carry out the purposes of this article.
4778
JOURNAL OF THE HOUSE
27-2-42. It shall be unlawful for any person whose license, privilege, or right to hunt, fish, trap, possess, or transport wildlife, having been suspended or revoked pursuant to this article, to exercise that right or privilege within this state or to purchase or possess such a license which grants such right or privilege. Any person who hunts, fishes, traps, possesses, or transports wildlife in this state or who purchases or possesses a license to hunt, fish, trap, possess, or transport wildlife in this state in violation of such suspension or revocation pursuant to this article shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by a fine of not less than $1,500.00 nor more than $5,000.00 or imprisonment for a period not exceeding 12 months or both.'"
SECTION 2. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 27-2-25.1, relating to suspension of hunting privileges for negligent hunting and procedures following hunting accidents, and inserting in lieu thereof the following:
"(c) Upon notification of such a death or injury, whether by the hunter or by some other person, the department shall immediately initiate an investigation of such incident and submit a report to the commissioner. If the commissioner determines culpable negligence on the part of the person causing the death or injury and that such negligence was the proximate cause of such death or injury, the commissioner may suspend that persons hunting privileges for a specified period of time not to exceed ten years. Any such determination to suspend shall be subject to review as provided for in this Code section. When the commissioner shall decide to suspend said persons hunting privileges, the commissioner must notify such person of said suspension and of his right to a hearing to contest the commissioners determination. The notification from the commissioner to the person whose license is being suspended shall be by certified mail or statutory overnight delivery with return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person. Upon such notice, any such hunting privileges shall be revoked by such notice and such person shall surrender his or her hunting license, if any, to the department within ten days of such notification. For the purposes of this chapter article, notice given by certified mail or statutory overnight delivery with return receipt requested mailed to the persons last known address shall be prima-facie evidence that such person received the required notice."
SECTION 3. Said chapter is further amended by striking in its entirety Code Section 27-2-29, relating to free fishing days, and inserting in lieu thereof the following:
"27-2-29. Notwithstanding any other provision of this chapter article, the commissioner may designate not more than three days, which need not be consecutive, in each calendar year as free fishing days during which residents may, without obtaining a fishing
FRIDAY, APRIL 12, 2002
4779
license, exercise the privileges of a holder of a fishing license, subject to all limitations, restrictions, conditions, rules, and regulations applicable to the holder of a fishing license. This Code section shall in no way affect the commercial fishing licenses required under this chapter article.
SECTION 4. Said title is further 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 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
4780
JOURNAL OF THE HOUSE
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 5. Said title is further amended by striking in its entirety subsection (a) of Code Section 273-9, relating to the unlawful enticement of game, and inserting in lieu thereof the following:
"(a) It shall be unlawful for any person to place, expose, deposit, distribute, or scatter any corn, wheat, or other grains, salts, apples, or other feeds or bait so as to constitute a lure or attraction or enticement for any game bird or game animal on or over any area where hunters are or will be hunting; provided, however, that is shall be lawful to hunt deer within the vicinity of such feeds if the hunter is at least 200 yards away from and not within sight of the feed or bait."
SECTION 6. Said title is further amended by striking in their entirety subsections (a) and (b) of Code Section 27-3-15, 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, 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
Closed Season
(1) Quail
March 16 -- Oct. 31
(2) Grouse
March 1 -- Oct. 14
(3) Turkey
(A) Gobblers
May 22 -- March 14
(B) Hens
All year
(4) Deer
Jan. 16 -- Sept. 14 Sept. 7
FRIDAY, APRIL 12, 2002
4781
(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
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
Maximum Open Season
Maximum Bag Limits
Daily
Season
(1) Quail
Nov. 1 -- March 15
12
No limit
(2) Grouse
Oct. 15 -- Feb. 29
3
No limit
(3) Turkey gobblers
March 15 -- May 21
3
3
4782 (4) Deer
(5) Bobcat (6) Opossum
(7) Rabbit (8) Raccoon
(9) Squirrel (10) Fox
JOURNAL OF THE HOUSE
Sept. 15 8 -- Jan. 15
8
8
Oct. 15 -- Feb. 29
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
No limit No limit
(A) Oct. 15 -- Feb. 29, for that area north of and including Haralson, Paulding, Bartow, Cherokee, Forsyth, Hall, Banks, Franklin, and Hart counties; and
No limit
No limit
(B) Jan. 1 -- Dec. 31 for the remainder of the state
No limit No limit
Nov. 1 -- Feb. 29
12
No limit
(A) Oct. 15 -- Feb. 29, for that area north of and including Carroll, Fulton, Gwinnett, Barrow, Clarke, Oglethorpe, Taliaferro, Wilkes, and Lincoln counties; and
No limit
No limit
(B) Jan. 1 -- Dec. 31 for the remainder of the state
No limit No limit
Aug. 15 -- Feb. 29
12
No limit
Jan. 1 -- Dec. 31
No limit No limit
(11) Migratory game birds
(12) Bear (13) Alligators
FRIDAY, APRIL 12, 2002 Sept. 1 -- March 10
Sept. 15 8 -- Jan. 15 April 1 -- Oct. 31
4783
Subject to limits set by the federal government and adopted by the board
1
1
Subject to limits adopted by the board"
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Representative Morris of the 155th moved that the House adopt the report of the Committee of Conference on HB 1174.
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
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 Burmeister Y Byrd N 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 E Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd N 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 Hudgens Y Hudson, N
Hudson, S Y Hugley N Irvin
Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N 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 E McBee
McCall Y McClinton
McKinney
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 Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal
Sailor N Sanders Y Scheid Y Scott Y Seay Y Shanahan
Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T E Smith, V Y Smyre N Snelling
Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens
Stokes Y Taylor Y Teague Y Teper Y Tillman Y Turnquest
Twiggs Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard
4784
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
On the motion, the ayes were 151, nays 8. The motion prevailed.
E Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
Due to a mechanical malfunction, the vote of Representative Unterman of the 84th was not recorded on 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 Bill of the Senate was taken up for consideration and read the third time:
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.
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 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
FRIDAY, APRIL 12, 2002
4785
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking Code Section 20-2-751.3, which is reserved, and inserting in lieu thereof the following:
"20-2-751.3. Reserved. A student code of conduct adopted by a local board of education may, in the sound discretion of the local board, prohibit the possession of electronic communication devices by students in school and provide for exceptions to such prohibition and disciplinary actions for such possession."
SECTION 2. Said chapter is further amended by striking in its entirety Code Section 20-2-1183, relating to prohibition of electronic pagers and communication devices, and inserting in lieu thereof the following:
"20-2-1183. (a) No local board of education shall permit any pupil to carry a pocket pager or electronic communication device in school except for health or other unusual reasons approved by the board of education. (b) Any student found in violation of the provisions of this Code section be subject to placement in an alternative education program Reserved."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representatives Ashe of the 46th, Porter of the 143rd and Jamieson of the 22nd, 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 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 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; to amend 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, so as to conform to changes in Code Section 20-2-55 relating to coverage for members of a local board of education; to provide for related matters; to provide for
4786
JOURNAL OF THE HOUSE
effective dates; 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 in Code Section 20-2-55, relating to per diem and expenses of members of local boards of education, 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.
FRIDAY, APRIL 12, 2002
4787
(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 of the local boards decision to allow its members to participate in coverage under paragraph (1) of this subsection."
SECTION 2. Said chapter is further 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. Said chapter is further amended by striking Code Section 20-2-751.3, which is reserved, and inserting in lieu thereof the following:
"20-2-751.3. Reserved. A student code of conduct adopted by a local board of education may, in the sound discretion of the local board, prohibit the possession of electronic communication devices by students in school and provide for exceptions to such prohibition and disciplinary actions for such possession."
SECTION 4. Said chapter is further amended by striking in its entirety Code Section 20-2-1183, relating to prohibition of electronic pagers and communication devices, and inserting in lieu thereof the following:
"20-2-1183. (a) No local board of education shall permit any pupil to carry a pocket pager or electronic communication device in school except for health or other unusual reasons approved by the board of education. (b) Any student found in violation of the provisions of this Code section be subject to
4788
JOURNAL OF THE HOUSE
placement in an alternative education program Reserved."
SECTION 5. 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 6. (a) Except as otherwise provided by subsection (b) of this section, this Act shall become effective July 1, 2002. (b) Sections 1 and 5 of 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 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 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 N Davis N Day
Dean Y Deloach, B E Deloach, G N Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster
Y Hudgens Hudson, N
Y Hudson, S Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce Y Kaye Y Keen Y Knox
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
Ray Y Reece
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 Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Y Brown Y Buck Y Buckner Y Bulloch
Bunn Y Burkhalter N Burmeister Y Byrd N Callaway Y Campbell Y Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
FRIDAY, APRIL 12, 2002
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 N Hines Y Holland Y Holmes Y Houston
Howard
Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey E McBee
McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
Y Reed Y Reichert Y Rice Y Richardson N Roberts, D
Roberts, L Y Rogers Y Royal
Sailor N Sanders Y Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar
Sims Y Sinkfield Y Skipper
4789
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 E Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
On the passage of the Bill, by substitute, the ayes were 148, nays 12.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Due to a mechanical malfunction, the vote of Representative Unterman of the 84th was not recorded on 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 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.
4790
JOURNAL OF THE HOUSE
The following Senate amendment was read:
Amend HB 1494 by inserting on line 6 of page 1, following "dependents;", the following:
"to provide that the surviving spouse and dependent children of certain persons shall be entitled to continued coverage after the death of such person;"
By striking line 14 of page 1 and inserting in lieu thereof the following:
"(a) Upon the death of a former member of the General Assembly covered under Code Section 45-18-10, his or her spouse and dependent children shall be eligible to continue such coverage under the same terms, subject to the conditions provided in subsection (d) of Code Section 45-18-9. (b) The board is authorized to contract with any agricultural commodity commission created".
Representative Ray of the 128th moved that the House agree to the Senate amendment to HB 1494.
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
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 Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin
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
Lord Lucas Y Lunsford
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
Richardson Y Roberts, D
Roberts, L
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 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 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
FRIDAY, APRIL 12, 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
Howard
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 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
On the motion, the ayes were 160, nays 0. The motion prevailed.
4791
Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard E Williams, J Y Williams, R
Wix Y Yates
Murphy, Speaker
Due to a mechanical malfunction, the vote of Representative Unterman of the 84th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.
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 Senate substitute was read:
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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
4792
JOURNAL OF THE HOUSE
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:
"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. Such resolution 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.
Representative Dean of the 48th moved that the House agree to the Senate substitute to HB 547.
On the motion, the roll call was ordered and the vote was as follows:
Y Allen N Amerson Y Anderson Y Ashe
N Cox Y Crawford Y Cummings N Davis
Hudgens Y Hudson, N Y Hudson, S Y Hugley
Y Mueller N Muntean Y O'Neal Y Orrock
N Smith, B Y Smith, C N Smith, C.W Y Smith, L
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 N Bunn N Burkhalter N Burmeister Y Byrd N Callaway N Campbell N Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T
Collins Y Connell N Cooper
FRIDAY, APRIL 12, 2002
N Day Y Dean Y Deloach, B E Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd N Forster N Franklin Y Gardner
Golick Grasse Y Graves Y Greene N Hammontree Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson N Hines Y Holland Y Holmes Y Houston Y Howard
Y Irvin Jackson, B
Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson
Jordan N Joyce Y Kaye N Keen Y Knox Y Lane N Lanier N Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning
Massey E McBee Y McCall Y McClinton
McKinney N Millar N Mills Y Mobley Y Morris Y Mosley
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 Y Reed Y Reichert N Rice
Richardson N Roberts, D
Roberts, L Y Rogers Y Royal Y Sailor N Sanders Y Scheid N Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
On the motion, the ayes were 126, nays 33. The motion prevailed.
4793
Y Smith, P 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
Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland N Wiles N Wilkinson N Willard E Williams, J N Williams, R Y Wix Y Yates
Murphy, Speaker
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
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
4794
JOURNAL OF THE HOUSE
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 report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 1389
The Committee of Conference on HB 1389 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1389 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Don Balfour Senator, 9th District
/s/ Alan Powell Representative, 23rd District
/s/ Charlie Tanksley Senator, 32nd District
/s/ Royal Representative, 164th District
/s/ Casey Cagle Senator, 49th District
/s/ Parham Representative, 122nd District
A BILL
To provide for certain special motor vehicles and the operation, regulation, and taxation thereof; 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 change certain provisions relating to issuance of license plates, payment and disposition of fees,
FRIDAY, APRIL 12, 2002
4795
and compensation of tag agents; 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 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 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:
"(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. 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 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:
4796
JOURNAL OF THE HOUSE
"(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; (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:
FRIDAY, APRIL 12, 2002
4797
"(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."
SECTION 7. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 40-2-33, relating to issuance of license plates, payment and disposition of fees, and compensation of tag agents, and inserting in lieu thereof the following:
"(2) Reserved The commissioner may provide for the issuance of a temporary license plate for any low-speed vehicle, to be displayed until such time as a license plate of the design required by Code Section 40-2-31 has been issued to the registrant as a replacement for such temporary license plate; provided, however, that any such temporary license plate shall designate the low-speed vehicle as such; and provided, further, that the commissioner shall make available for issuance low-speed vehicle license plates of the design required by Code Section 40-2-31 not later than September 1, 2002."
SECTION 8. 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;
4798
JOURNAL OF THE HOUSE
(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 (18) A moped."
FRIDAY, APRIL 12, 2002
4799
SECTION 9. 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 10. 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 11. 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 clubs, or other such organized entities which own such carts and make them available to members or the public on a rental basis.
4800
JOURNAL OF THE HOUSE
(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 12. 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. 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 13. 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."
FRIDAY, APRIL 12, 2002
4801
SECTION 14. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking paragraph (6) of subsection (a) 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 paragraph (6) to read as follows:
"(6) 'Motor vehicle' means any self-propelled vehicle designed for transporting persons or property on a street or highway that is registered by the Motor Vehicle Division of the Department of Revenue Department of Motor Vehicle Safety, except vehicles that are defined as 'low-speed vehicles' in paragraph (25.1) of Code Section 40-1-1."
SECTION 15. Said title is further 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 (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, but only if such low-speed
4802
JOURNAL OF THE HOUSE
vehicle was placed in service during the taxable year ending December 31, 2001. For purposes of this paragraph, the term 'low-speed vehicle' means a low-speed vehicle as defined in paragraph (25.1) of Code Section 40-1-1. 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 16. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 17. All laws and parts of laws in conflict with this Act are repealed.
Representative Powell of the 23rd moved that the House adopt the report of the Committee of Conference on HB 1389.
On the motion, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Bell Y Benfield N 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 E Deloach, G Y 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 Greene Y Hammontree Y Hanner
Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin
Jackson, B Y Jackson, L
James Y Jamieson
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 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 Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D
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 E Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley
Stanley-Turner Y Stephens Y Stokes
Taylor Y Teague
Teper Y Tillman
Turnquest 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
Cooper
FRIDAY, APRIL 12, 2002
Y Harbin Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston
Howard
Manning Y Massey E McBee Y McCall Y McClinton
McKinney Millar Y Mills Y Mobley Y Morris Y Mosley
Y Sailor N Sanders Y Scheid Y Scott
Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
On the motion, the ayes were 147, nays 4. The motion prevailed.
4803
Y Watson West
Y Westmoreland Y Wiles Y Wilkinson Y Willard E Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendment thereto:
HB 250. By Representatives Powell of the 23rd and Parham of the 122nd:
A BILL to amend Titles 40 and 48 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic and to revenue and taxation, respectively, so as to redesignate certain provisions relating to motor vehicle license fees and plates; to correct certain cross-references and conform to such redesignation; to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to correct certain cross-references and conform to such redesignation; and for other purposes.
The following Senate amendment was read:
Amend HB 250 by striking "2001" and inserting in its place "2002" on line 11 of page 5.
Representative Powell of the 23rd moved that the House agree to the Senate amendment to HB 250.
On the motion, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson
Y Cox Y Crawford
Y Hudgens Y Hudson, N
Y Mueller Y Muntean
Y Smith, B Y Smith, C
4804
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 Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper
JOURNAL OF THE HOUSE
Y Cummings Y Davis Y Day
Dean Y Deloach, B E Deloach, G Y 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 Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines
Holland Y Holmes Y Houston
Howard
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 Knox Y Lane Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham 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 E 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
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
On the motion, the ayes were 158, nays 0. The motion prevailed.
Y Smith, C.W Y Smith, L Y Smith, P 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
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 E Williams, J Y Williams, R
Wix Y Yates
Murphy, Speaker
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
FRIDAY, APRIL 12, 2002
4805
sufficient proof of minimum insurance coverage on such vehicle; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to 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 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
4806
JOURNAL OF THE HOUSE
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; 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.
FRIDAY, APRIL 12, 2002
4807
(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, 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
4808
JOURNAL OF THE HOUSE
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; (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.
FRIDAY, APRIL 12, 2002
4809
(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 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 self-insurance. (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 the department of such coverage termination on or before the date coverage ends or, if termination is at the request of the insured, then on the date such request is processed by the insurer. 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 selfinsurance. (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
4810
JOURNAL OF THE HOUSE
required by this Code section which shall in no way be construed as modifying the provisions of Code Section 33-2-45. (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. (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
FRIDAY, APRIL 12, 2002
4811
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 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:
4812
JOURNAL OF THE HOUSE
(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 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,
FRIDAY, APRIL 12, 2002
4813
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. (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 November 1, 2002; provided, however, that the Act shall be effective upon its approval by the Governor or upon its becoming law without such approval for the purposes of the authority of the commissioner to adopt rules and regulations and to employ staff and expend moneys within the limits of funds appropriated or otherwise made available for such purpose.
4814
JOURNAL OF THE HOUSE
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
Representative Lord of the 121st moved that the House agree to the Senate substitute to HB 1314.
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
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 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 E 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
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 Jackson, B Y Jackson, L 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 E McBee Y McCall Y McClinton McKinney Y Millar Y Mills Y Mobley 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
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
Smith, P 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 E Williams, J Y Williams, R Y Wix
Yates Murphy, Speaker
On the motion, the ayes were 158, nays 4. The motion prevailed.
FRIDAY, APRIL 12, 2002
4815
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.
The following Senate substitute was read:
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 and other relief against notaries who violate these provisions; 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 allowing such affidavits to be made before notaries public, magistrates, judges, or state or county officers; 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
4816
JOURNAL OF THE HOUSE
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. ; or (4) The applicant is found by the State Bar of Georgia, a court of this state, or a court of any other state to have engaged in the unauthorized practice of law. (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
FRIDAY, APRIL 12, 2002
4817
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 in addition to any other penalties provided by law."
SECTION 3. Code Section 44-14-231 of the Official Code of Georgia Annotated, relating to petition for writ of possession, jurisdiction and venue, and oath, is amended by striking said Code section in its entirety and inserting in its place the following: "44-14-231. Upon a statement of the facts under oath, any person holding a security interest on personal property and wishing to foreclose the security interest may petition, by affidavit, either in person or by his or her agent or attorney in fact or at law, for a writ of possession. Such affidavit shall be made pursuant to the requirements of Code Section 9-10-113 before any judge of the superior court, any magistrate, any judge of any other court having jurisdiction over such proceedings, or any clerk of any such court within the county where the debtor may reside or where the secured property is located. If the person holding the security interest is not a resident of the county where the debtor resides or where the secured property is located, any oath required by this Code section may be made before a judge of any court of record within this state and forwarded with the petition to the appropriate judge, magistrate, or clerk in the county where the debtor may reside or where the secured property is located."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Mobley of the 69th moved that the House agree to the Senate substitute to HB 1256.
On the motion, 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 Cox Y Crawford Y Cummings
Davis Y Day
Dean Y Deloach, B E Deloach, G Y Dix
N Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin
Jackson, B Y Jackson, L
James Y Jamieson
Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham
Parrish Parsons E Pelote Pinholster
N Smith, B Smith, C
Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T E Smith, V Y Smyre Y Snelling
4818
Birdsong Y Black Y Boggs
Bordeaux Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch N Bunn N Burkhalter N Burmeister Y Byrd N Callaway Y Campbell Y Cash Channell Childers Coan Y Coleman, B 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 N Franklin Y Gardner Y Golick Y Grasse
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 N Houston Y Howard
Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce
Kaye N Keen N Knox
Lane N Lanier Y Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham Y Manning N Massey E McBee Y McCall Y McClinton
McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley
Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece
Reed Y Reichert Y Rice N 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
On the motion, the ayes were 127, nays 20. The motion prevailed.
Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner
Stephens Y Stokes Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs
Unterman Y Walker, L
Walker, R.L Y Watson Y West N Westmoreland Y Wiles N Wilkinson Y Willard E Williams, J Y Williams, R Y Wix N Yates
Murphy, Speaker
Representatives Roberts of the 132nd and Williams of the 5th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.
Representative Smyre of the 136th assumed the chair.
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.
FRIDAY, APRIL 12, 2002
4819
The following Senate substitute was read:
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; 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 45-4-11 of the Official Code of Georgia Annotated, relating to blanket bonds covering two or more political subdivisions, is amended by striking the Code section in its entirety and inserting in lieu thereof a new Code Section 45-4-11 to read as follows:
"45-4-11. (a) Notwithstanding any other provision of law to the contrary, the The several counties, municipalities, and other political subdivisions of this state, including independent school boards districts, are authorized to purchase blanket bonds which in lieu of individual bonds. Blanket bonds may cover any two or more officers, officials, agents, and any other employees of such political subdivisions where they are required by law to be bonded. (b) A blanket bond shall be in an amount sufficient to cover all or certain specified individual bonds otherwise required by law to be purchased by a county, municipality, or other political subdivision. The blanket bond shall specify the dates of coverage, the positions or persons covered by the bond, and the persons or entities to whom or to which the bond is payable. (c) A blanket bond shall be signed by the judge of the probate court of the county wherein the county, municipality, or school district purchasing the blanket bond is located. The bond shall be filed and recorded in the office of the probate court. Such signing, filing, and recording shall be in lieu of any other endorsement, signing, filing, approval, or recording otherwise required by law for individual bonds. Where a municipality or school district is located in more than one county, the bond shall be signed, filed, and recorded by the probate judge of the county within which the municipality or school district is predominately located based upon population. (d) In addition to any other guaranty or surety companies authorized by this chapter, a blanket bond may be offered by an interlocal risk management agency created pursuant to Chapter 85 of Title 36 or Article 29 of Chapter 2 of Title 20 and may be in the form of a copy of an original annual coverage agreement providing the blanket bond."
4820
JOURNAL OF THE HOUSE
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Holland of the 157th moved that the House agree to the Senate substitute to HB 1514.
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
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
Coleman, T Y Collins
Connell Y Cooper
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 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
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 E McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
Y Mueller 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 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
Smith, C.W Y Smith, L Y Smith, P 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
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson
West Westmoreland Y Wiles Y Wilkinson Y Willard E Williams, J Y Williams, R Y Wix Y Yates Murphy, Speaker
FRIDAY, APRIL 12, 2002
4821
On the motion, the ayes were 160, nays 0.
The motion prevailed.
The Speaker assumed the Chair.
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 following Senate substitute was read:
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; to change certain provisions relating to forfeiture of certain contraband property relative to controlled substances; to provide for specific repeal of certain related provisions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1A. Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeiture of certain contraband property, is amended by striking subsection (e) and inserting in lieu thereof the following:
"(e)(1) A property interest shall not be subject to forfeiture under this Code section if the owner of such interest or interest holder establishes that the owner or interest holder:
(1)(A) Is not legally accountable for the conduct giving rise to its forfeiture, did not consent to it, and did not know and could not reasonably have known of the conduct or that it was likely to occur; (2)(B) Had not acquired and did not stand to acquire substantial proceeds from the conduct giving rise to its forfeiture other than as an interest holder in an arms length commercial transaction;
4822
JOURNAL OF THE HOUSE
(3)(C) With respect to conveyances for transportation only, did not hold the property jointly, in common, or in community with a person whose conduct gave rise to its forfeiture; (4)(D) Does not hold the property for the benefit of or as nominee for any person whose conduct gave rise to its forfeiture, and, if the owner or interest holder acquired the interest through any such person, the owner or interest holder acquired it as a bona fide purchaser for value without knowingly taking part in an illegal transaction; and (5)(E) Acquired the interest:
(A)(i) Before the completion of the conduct giving rise to its forfeiture, and the person whose conduct gave rise to its forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or (B)(ii) After the completion of the conduct giving rise to its forfeiture:
(i)(I) As a bona fide purchaser for value without knowingly taking part in an illegal transaction; (ii)(II) Before the filing of a lien on it and before the effective date of a notice of pending forfeiture relating to it and without notice of its seizure for forfeiture under this article; and (iii)(III) At the time the interest was acquired, was reasonably without cause to believe that the property was subject to forfeiture or likely to become subject to forfeiture under this article. (2) A property interest shall not be subject to forfeiture under this Code section for a violation involving only one gram of or less of a mixture containing cocaine or less or four ounces or less of marijuana or less unless said property was used to facilitate a transaction in or a purchase of or sale of a controlled substance or marijuana."
SECTION 1B. Said Code section is further amended by striking division (u)(4)(D)(ii) and inserting in lieu thereof the following:
"(ii) The local governing authority shall expend any remaining proceeds for any law enforcement purpose; for the representation of indigents in criminal cases; for drug treatment, rehabilitation, prevention, or education or any other program which responds to problems created by drug or substance abuse; for use as matching funds for grant programs related to drug treatment or prevention; to fund victim-witness assistance programs; or for any combination of the foregoing. If real property is distributed to a local government, the local government may transfer the real property to a land bank authority as provided in Article 4 of Chapter 4 of Title 48."
SECTION 1C. Section 1 of House Bill 783 as enacted at the 2002 regular session of the General Assembly, which section amended paragraph (2) and enacted paragraph (2.1) of subsection (u) of Code Section 16-13-49 of the Official Code of Georgia Annotated,
FRIDAY, APRIL 12, 2002
4823
relating to forfeiture of certain contraband property relative to controlled substances, is hereby repealed.
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Boggs of the 168th moved that the House agree to the Senate substitute to HB 1338.
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
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
Connell Cooper
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 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
Holland Y Holmes Y Houston Y Howard
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
Jordan 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 E McBee Y McCall Y McClinton McKinney Y Millar Y Mills Mobley Y Morris Y Mosley
Y Mueller 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
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
Smith, C.W Y Smith, L Y Smith, P 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
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 E Williams, J Y Williams, R Y Wix
Yates Murphy, Speaker
On the motion, the ayes were 153, nays 0.
4824
JOURNAL OF THE HOUSE
The motion prevailed.
Representative Mobley of the 69th 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 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.
The following Senate substitute was read:
A BILL
To provide for changes in laws pertaining to child support enforcement; 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 require a social security number on an application for a drivers license or license pursuant to Chapter 2 of Title 27; to provide for confidentiality of social security numbers provided to the Department of Human Resources; 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
FRIDAY, APRIL 12, 2002
4825
match registry; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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 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;".
4826
JOURNAL OF THE HOUSE
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 adding a new subsection (a.1) to Code Section 19-11-9.1, relating to duty to furnish information about obligor to department, use of information obtained, and penalty for noncompliance, to read as follows:
"(a.1)(1) In accordance with the mandate contained in 42 U.S.C. Section 666(a)(13)(A) and notwithstanding any provision of Title 40 relating to motor vehicles as now existing or hereafter amended, the Department of Motor Vehicle Safety shall require an applicant for a drivers license, a commercial drivers license, a learners permit, or an identification card to provide to the Department of Motor Vehicle Safety the applicants social security number as part of the application. The Department of Motor Vehicle Safety shall provide to the Department of Human Resources, in addition to other information required to be provided to the Department of Human Resources, such social security numbers of individuals who have been issued a drivers license, a commercial drivers license, a learners permit, or an identification card. The Department of Human Resources shall use the information provided by the Department of Motor Vehicle Safety pursuant to this Code section for the purpose of complying with the requirements of law concerning the enforcement of child support. (2) In accordance with the mandate contained in 42 U.S.C. Section 666(a)(13)(A) and notwithstanding any provision of Chapter 2 of Title 27 relating to licenses and permits as now existing or hereafter amended, the Department of Natural Resources shall require an applicant for a license or permit pursuant to Chapter 2 of Title 27 to provide to the Department of Natural Resources the applicants social security number as a part of the license or permit application. The Department of Natural Resources shall provide to the Department of Human Resources, along with other information required to be provided to the Department of Human Resources, the social security numbers of individuals who have been issued a license or permit pursuant to Chapter 2 of Title 27. The Department of Human Resources shall use the information provided by the Department of Natural Resources pursuant to this Code
FRIDAY, APRIL 12, 2002
4827
section for the purpose of complying with the requirements of law concerning the enforcement of child support. (3) The information collected by the Department of Motor Vehicle Safety and the Department of Natural Resources and transmitted to the Department of Human Resources pursuant to paragraphs (1) and (2) of this subsection shall be deemed confidential and not subject to public disclosure."
SECTION 6. 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:
(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 7. 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.
4828
JOURNAL OF THE HOUSE
(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 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
FRIDAY, APRIL 12, 2002
4829
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. (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;
4830
JOURNAL OF THE HOUSE
(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; (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
FRIDAY, APRIL 12, 2002
4831
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, 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 8. 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
4832
JOURNAL OF THE HOUSE
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 9. 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 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 10. 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 11. 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
FRIDAY, APRIL 12, 2002
4833
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. (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 12. 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 13. 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
4834
JOURNAL OF THE HOUSE
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 14. 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 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 15. 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 16. 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 17. 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:
FRIDAY, APRIL 12, 2002
4835
"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 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 18. 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 19. This Act shall become effective on July 1, 2002, and Section 5 of this Act shall become effective on January 1, 2003.
SECTION 20. All laws and parts of laws in conflict with this Act are repealed.
Representative Bordeaux of the 151st moved that the House agree to the Senate substitute to HB 1224.
4836
JOURNAL OF THE HOUSE
On the motion, the roll call was ordered and the vote was as follows:
Y Allen N Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes 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 N 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
N Cox Y Crawford Y Cummings N Davis N Day
Dean Y Deloach, B E Deloach, G N 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
Hanner N Harbin Y Harrell Y Heard Y Heckstall N Hembree Y Henson N Hines Y Holland Y Holmes Y Houston Y Howard
N Hudgens Y Hudson, N Y Hudson, S Y Hugley N Irvin
Jackson, B Jackson, L James Y Jamieson Y Jenkins Y Jennings Y Johnson Jordan N Joyce N Kaye N Keen N Knox Y Lane E Lanier N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham N Manning N Massey E McBee Y McCall Y McClinton Y McKinney Y Millar N Mills Y Mobley Y Morris N Mosley
N Mueller N Muntean N O'Neal Y Orrock Y Parham Y Parrish
Parsons E Pelote N Pinholster Y 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
Roberts, L Y Rogers Y Royal N Sailor N Sanders N Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper
N Smith, B Y Smith, C N Smith, C.W N Smith, L Y Smith, P N Smith, T E 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
Tillman Turnquest Twiggs N Unterman Y Walker, L N Walker, R.L N Watson Y West N Westmoreland N Wiles Y Wilkinson Y Willard E Williams, J N Williams, R Y Wix N Yates Murphy, Speaker
On the motion, the ayes were 98, nays 61. The motion prevailed.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:
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
FRIDAY, APRIL 12, 2002
4837
Georgia Annotated, the Revised Probate Code of 1998, relating to general provisions relative to descent and distribution; to amend Chapter 3 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to year's support; to amend Article 5 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to revocation and repudiation of wills; to amend Code Section 53-5-22 of the Official Code of Georgia Annotated, relating to notice of petition for probate in solemn form; to amend Chapter 7 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to administration of estates generally; to amend Chapter 11 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998; and for other purposes.
The following Senate 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 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; to amend
4838
JOURNAL OF THE HOUSE
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, 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 Code Section 15-9-127 of the Official Code of Georgia Annotated, relating to probate courts having concurrent jurisdiction with superior courts, so as to provide for jurisdiction for motions seeking orders for disinterment and deoxyribonucleic acid testing; to provide for related matters; to provide for an effective date and a certain contingent repeal; to repeal conflicting laws; and for other purposes.
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."
FRIDAY, APRIL 12, 2002
4839
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 only 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 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. Any bequest in the will in favor of the subsequent spouse or child shall be given effect and shall count toward the intestate share. If the bequest equals or exceeds the intestate share, then the subsequent spouse or child shall receive the bequest in lieu of the intestate share provided by this subsection."
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
4840
JOURNAL OF THE HOUSE
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 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
FRIDAY, APRIL 12, 2002
4841
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 sufficient and the published citation shall be directed as provided in subsection (b) of this Code section."
SECTION 7. Article 13 of Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to trust investments, is amended by inserting at the end thereof a new Code Section 5312-290 to read as follows:
"53-12-290. (a) A trustee may delegate investment and management functions that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall exercise reasonable care, skill, and caution in:
(1) Selecting an agent; (2) Establishing the scope and terms of the delegation consistent with the purposes and terms of the trust; and (3) Reviewing periodically the agents actions in order to monitor the agents performance and compliance with the terms of the delegation. (b) In performing a delegation function, an agent owes a duty to the trust to exercise reasonable care to comply with the terms of the delegation. (c) A trustee who complies with the requirements of subsection (a) of this Code section, and who takes reasonable steps to compel an agent to whom the function was delegated to redress a breach of duty to the trust, is not liable to the beneficiaries of the trust or to the trust for the decisions or actions of the agent to whom the function was delegated.
4842
JOURNAL OF THE HOUSE
(d) By accepting the delegation of a trust function from the trustee of a trust that is subject to the laws of this state, an agent waives the defense of lack of personal jurisdiction and submits to the jurisdiction of this state."
SECTION 8. 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 9. Code Section 15-9-127 of the Official Code of Georgia Annotated, relating to probate courts having concurrent jurisdiction with superior courts, is amended by striking "and" at the end of paragraph (5), striking the period at the end of paragraph (6) and inserting "; and", and by adding a new paragraph (7) to read as follows:
"(7) Motions seeking an order for disinterment and deoxyribonucleic acid (DNA) testing as provided in Code Section 53-2-27."
SECTION 10. This Act shall become effective on July 1, 2002; provided, however, that Section 9 of this Act shall become effective only if Code Section 53-2-27 as enacted at the 2002 regular
FRIDAY, APRIL 12, 2002
4843
session of the General Assembly by HB 130 becomes effective, and otherwise Section 9 of this Act shall not become effective and shall stand automatically repealed on July 1, 2002.
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.
Representative Willard of the 44th moved that the House agree to the Senate substitute to HB 639.
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 N 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
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 Y Floyd Y Forster N Franklin Y Gardner Y Golick N Grasse 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
Jackson, B Y Jackson, L
James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan
Joyce Y Kaye Y Keen Y Knox Y Lane N Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey E 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
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 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
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 E Williams, J Y Williams, R Y Wix Y Yates Murphy, Speaker
On the motion, the ayes were 155, nays 4.
4844
JOURNAL OF THE HOUSE
The motion prevailed.
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 Senate substitute was read:
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 for duties of the Board of Regents of the University System of Georgia and the Department of Technical and Adult Education relating to obtaining and producing postsecondary textbooks and instructional materials in alternative formats for students with disabilities; to provide for legislative findings; to provide for a study of practical problems; to provide for cooperation and work toward establishment of a system or clearing-house for sharing postsecondary texts in alternative formats while protecting publishers property rights; to provide for reports; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds that colleges and universities in this state have made diligent efforts to accommodate the needs of students with disabilities requiring alternative formats for textbooks and other printed instructional materials used in postsecondary courses of study, but that colleges and universities are confronted with many practical problems in obtaining or producing these texts in alternative formats. Practical problems in obtaining these texts in alternative formats include the wide variety of texts used in postsecondary courses of study, a lack of bargaining power with publishers of postsecondary textbooks in comparison with publishers of textbooks for elementary and secondary education, and hesitation among postsecondary institutions to share alternative formats because of concern about copyright law. Practical problems in producing such
FRIDAY, APRIL 12, 2002
4845
materials in alternative formats include the labor intensive and technical nature of the work, the frequent need for expertise in the subject matter of the texts, and the expense and time required for production. The General Assembly further finds that students with disabilities, colleges, universities, and publishers would benefit from cooperative development of a system for sharing those texts produced in alternative formats while adequately protecting the intellectual property rights of publishers.
SECTION 2. 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. The board of regents shall direct a study of the practical problems involved in obtaining and producing textbooks and other instructional materials in alternative formats for students with disabilities. In cooperation with the Department of Technical and Adult Education, students with disabilities, organizations and advocates for persons with disabilities, publishers, federal and state agencies concerned with opportunities for persons with disabilities, colleges and universities that are not under the direction of the board, university and college presses, counterparts in other states, and other interested persons, the board shall work toward the establishment of a system or clearing-house for sharing postsecondary texts in alternative formats while protecting the intellectual property rights of publishers. The board shall report annually to the Governor and the General Assembly regarding progress toward this goal."
SECTION 3. 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 designated Code Section 20-4-36 to read as follows:
"20-4-36. The Department of Technical and Adult Education shall cooperate with the Board of Regents of the University System of Georgia in the study of practical problems involved in obtaining and producing textbooks and other instructional materials in alternative formats for students with disabilities. In cooperation with the Board of Regents, students with disabilities, organizations and advocates for persons with disabilities, publishers, federal and state agencies concerned with opportunities for persons with disabilities, technical colleges that are unaffiliated with the Department of Adult and Technical Education, university and college presses, counterparts in other states, and other interested persons, the Department of Technical and Adult Education shall work toward the establishment of a system or clearing-house for sharing postsecondary texts in alternative formats while protecting the intellectual property rights of publishers. The Department of Technical and Adult Education shall report annually to the Governor and General Assembly regarding progress toward this goal."
4846
JOURNAL OF THE HOUSE
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Porter of the 143rd moved that the House agree to the Senate substitute to HB 1342.
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 N 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 N Davis Y Day
Dean Y Deloach, B E 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 Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson N Hines Y Holland
Holmes Y Houston Y Howard
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
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 Y Mills Y Mobley Y Morris
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
Randall 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 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 Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
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 E Williams, J Y Williams, R Y Wix Y Yates Murphy, Speaker
On the motion, the ayes were 153, nays 6. The motion prevailed.
FRIDAY, APRIL 12, 2002
4847
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 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 change certain provisions relating to grant certification; to provide for definitions; to provide for procedures, conditions, and limitations; and for other purposes.
Representative Henson of the 65th moved that the House recede from its position in disagreeing to the Senate substitute to HB 1669.
On the motion, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson Y Anderson Y Ashe Y Bannister
Barnard 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 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 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 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 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
Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote Y 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 N 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 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
Tillman Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson
4848
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
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
On the motion, the ayes were 156, nays 3. The motion prevailed.
Y Willard E Williams, J N Williams, R Y Wix Y Yates
Murphy, Speaker
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its amendment to the House substitute and has appointed a Committee of Conference on the following bill of the Senate:
SB 52. By Senators Thomas of the 10th, Brush of the 24th, Brown of the 26th, Thomas of the 2nd, Ray of the 48th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the O.C.G.A., relating to selling and other trade practices, so as to provide that a person who owns or operates a public accommodation may not restrict an individual from access or admission to the accommodation or otherwise prevent the individual from using the accommodation solely because the individual operates a motorcycle, is a member of an organization or association that operates motorcycles, or wears clothing that displays the name of such an organization or association; to provide that no person who owns or operates a public accommodation may exclude patrons from parking two-wheeled or threewheeled vehicles in the parking lot of the public accommodation; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Brush of the 24th, Beatty of the 47th, and Thomas, N. of the 10th.
The Senate adheres to its amendments and has appointed a Committee of Conference on the following bill of the House:
FRIDAY, APRIL 12, 2002
4849
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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Cagle of the 49th, Tanksley of the 32nd, and Balfour of the 9th.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Meyer von Bremen of the 12th, Moore of the 18th, and Kemp of the 3rd.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
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 candidate affidavits; to change the qualifications of county registrars and deputy registrars; to provide that persons who move their residence outside a
4850
JOURNAL OF THE HOUSE
county or municipality may not continue to vote in elections in that county or municipality; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Thomas, N. of the 10th, Meyer von Bremen of the 12th, and Butler of the 55th.
The Senate adheres to its amendment and has appointed a Committee of Conference on the following bill of the House:
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 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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Marable of the 52nd, Mullis of the 53rd, and Brush of the 24th.
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 210. By Senators Tanksley of the 32nd, Thompson of the 33rd, Ray of the 48th, Hecht of the 34th, Meyer von Bremen of the 12th and others:
A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the O.C.G.A., relating to medical information, so as to clarify the procedures for subpoenaing medical records; to provide for legislative findings; to reconcile federal privacy regulations with state judicial decisions; to define a certain term; to provide conditions under which a provider shall be required to release medical records concerning a patient pursuant to a subpoena; to provide for notice to a patient who is the subject of medical records being subpoenaed; to provide for objections by patients; to provide for medical records of minors; to amend Chapter 33 of Title 31 of the O.C.G.A., relating to health records, so as to change the definition of a certain term; to repeal conflicting laws; and for other purposes.
FRIDAY, APRIL 12, 2002
4851
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Tanksley of the 32nd, Kemp of the 3rd, and Meyer von Bremen of the 12th.
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 52.
By Senators Thomas of the 10th, Brush of the 24th, Brown of the 26th, Thomas of the 2nd, Ray of the 48th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the O.C.G.A., relating to selling and other trade practices, so as to provide that a person who owns or operates a public accommodation may not restrict an individual from access or admission to the accommodation or otherwise prevent the individual from using the accommodation solely because the individual operates a motorcycle, is a member of an organization or association that operates motorcycles, or wears clothing that displays the name of such an organization or association; to provide that no person who owns or operates a public accommodation may exclude patrons from parking two-wheeled or three-wheeled vehicles in the parking lot of the public accommodation; to repeal conflicting laws; and for other purposes.
Representative Teague of the 58th moved that the House adhere to its position in disagreeing to the Senate amendment to the House substitute to SB 52 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 Teague of the 58th, Jamieson of the 22nd and Ehrhart of the 36th.
The following Bills of the House and Senate were taken up for the purpose of considering the reports of the Committees of Conference thereon:
4852
JOURNAL OF THE HOUSE
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 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 report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 1481
The Committee of Conference on HB 1481 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1481 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Jeff E. Mullis Senator, 53rd District
/s/ Chuck Sims Representative, 167th District
/s/ Don Thomas Senator, 54th District
/s/ Mike Snow Representative, 2nd District
/s/ Richard O. Marable Senator, 52nd District
/s/ Alan Powell Representative, 23rd District
A BILL
To regulate certain practices relating to identification, handling, and disposition of dead bodies; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change certain provisions relating to furnishing copies of health records to patients or providers; to prohibit and punish certain throwing away or abandonment of
FRIDAY, APRIL 12, 2002
4853
dead bodies; to provide for exception; 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 change certain provisions relating to suspension or revocation of licenses; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by 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. (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, hospital 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; nor shall use of a dead human body or portion of such dead body at or by an accredited medical school, dental school, college, or university for education, research, or advancement of medical or dental science or therapy be an offense under this subsection.
(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. Said title is further amended by striking Code Section 31-33-2, relating to furnishing copies of health records to patients or providers, and inserting in lieu thereof the following:
"31-33-2. (a)(1)(A) A provider having custody and control of any evaluation, diagnosis, prognosis, laboratory report, or biopsy slide in a patients record shall retain such item for a period of not less than ten years from the date such item was created. (B) The requirements of subparagraph (A) of this paragraph shall not apply to: (i) An individual provider who has retired from or sold his or her professional practice if such provider has notified the patient of such retirement or sale and
4854
JOURNAL OF THE HOUSE
offered to provide such items in the patients record or copies thereof to another provider of the patients choice and, if the patient so requests, to the patient; or (ii) A hospital which is an institution as defined in subparagraph (B) of paragraph (1) of Code Section 31-7-1, which shall retain patient records in accordance with rules and regulations for hospitals as issued by the department pursuant to Code Section 31-7-2. (2) Upon written request from the patient or a person authorized to have access to the patients record under a health care power of attorney for such patient, the provider having custody and control of the patients record shall furnish a complete and current copy of that record, in accordance with the provisions of this Code section. If the patient is deceased, such request may be made by a person authorized immediately prior to the decedents death to have access to the patients record under a health care power of attorney for such patient; the executor, temporary executor, administrator, or temporary administrator for the decedents estate; or any survivor, as defined by Code Sections 51-4-2, 51-4-4, and 51-4-5. (b) Any record requested under subsection (a) of this Code section shall be furnished within a reasonable period of time to the patient, any other provider designated by the patient, any person authorized by paragraph (2) of subsection (a) of this Code section to request a patients or deceased patients medical records, or any other person designated by the patient. (c) If the provider reasonably determines that disclosure of the record to the patient will be detrimental to the physical or mental health of the patient, the provider may refuse to furnish the record; however, upon such refusal, the patients record shall, upon written request by the patient, be furnished to any other provider designated by the patient. (d) A provider shall not be required to release records in accordance with this Code section unless and until the requesting person has furnished the provider with a signed written authorization indicating that he or she is authorized to have access to the patients records by paragraph (2) of subsection (a) of this Code section. Any provider shall be justified in relying upon such written authorization. (e) Any provider or person who in good faith releases copies of medical records in accordance with this Code section shall not be found to have violated any criminal law or to be civilly liable to the patient, the deceased patients estate, or to any other person."
SECTION 3. 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."
FRIDAY, APRIL 12, 2002
4855
SECTION 4. 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)(1) The funeral director or person in charge of final disposition of a dead body shall, prior to the interment or cremation 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, and the serial number of any prosthesis removed from the dead body by the funeral establishment or crematory. (2) No funeral director in charge of a crematory shall permit any dead body to be on the premises of the crematory without the dead body being identified as provided by this subsection, except when the body is placed in the retort; and the tag shall be removed from the body and kept in a regular location near the retort during cremation and thereafter placed atop the cremated remains on the inside of the vessel and any liner therein. The vessel containing cremated remains shall be plainly labeled on the outside so as to identify the deceased with the same information, excluding social security number, as is required to be on the tag inside the vessel and so as to identify the name of person or firm to which such remains are to be delivered or released. (3) Tags and labels used for purposes of this subsection shall be in such standard forms as prescribed by the board. 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) A crematory may deliver or release cremated remains to a funeral establishment or a legally authorized person. The funeral director in charge of a crematory shall provide to the funeral establishment or legally authorized person to whom cremated remains are delivered or released, at the time of such delivery or release, a written statement, on such standard form as prescribed by the board, signed and verified by such funeral director before a person authorized to administer oaths and attesting that the vessel contains substantially the remains of the deceased identified in accordance with subsection (a) of this Code section. (c) No funeral establishment shall accept or take delivery of any cremated remains from any crematory unless the vessel containing such remains is labeled as required by paragraph (2) of subsection (a) of this Code section and is accompanied by the affidavit required by subsection (b) of this Code section, which vessel and affidavit shall be provided by the funeral establishment to a legally authorized person upon delivery or release of the cremated remains."
SECTION 5. Said chapter is further amended by striking Code Section 43-18-72, relating to crematories, and inserting in lieu thereof the following:
4856
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 separate license for such purpose 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; (5) At least one operable processing station for grinding of cremated remains; and (5)(6) At least one church truck; provided, however, that the provisions of paragraphs (1), (2), and (6) 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 shall adopt rules requiring each crematory to submit periodic reports to the board in a standard form 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 for which a valid license to operate is in effect on the effective date of this subsection to have a separate license for a crematory until on and after the renewal date of such license to operate a funeral establishment which first occurs after the effective date of this subsection, but such establishment must comply with all the minimum equipment and facilities requirements, and all other statutes, rules, and regulations relating to crematories."
SECTION 6. Said article is further amended by striking Code Section 43-18-75, relating to suspension or revocation of licenses, and inserting in lieu thereof the following:
"43-18-75. (a) The board shall provide for inspections from time to time, but not less frequently than annually, of the premises of funeral establishments and crematories for purposes of ensuring compliance with the provisions of this article and any rules or regulations issued pursuant thereto, and every such firm shall submit to such inspections. The
FRIDAY, APRIL 12, 2002
4857
board is authorized to contract with any one or more county boards of health, and each county board of health is authorized to contract with the board, for the provision of inspection services on behalf of the board for purposes of this subsection. (b) The license of any funeral establishment or crematory may be suspended, revoked, or put on probation, or fines may be imposed by the board if the evidence produced before it indicates that the establishment or crematory has violated any of the provisions of this article or any rules or regulations issued pursuant thereto. The board shall comply with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' in relation to such hearing; and the licensee shall have the right to appeal any decision of the board in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
SECTION 7. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except as otherwise provided by subsection (b) of this section. (b) Section 4 of this Act shall become effective for purposes of promulgating rules and regulations upon approval of this Act by the Governor or upon its becoming law without such approval and shall become effective for all other purposes on July 1, 2002.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
Representative Snow of the 2nd moved that the House adopt the report of the Committee of Conference on HB 1481.
On the motion, the roll call was ordered and the vote was as follows:
Y Allen Y Amerson Y Anderson Y Ashe Y Bannister
Barnard Y Barnes Y Bell Y 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 E Deloach, G Y Dix
Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd
Forster Franklin
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 Joyce Y Kaye Y Keen Y Knox Y Lane
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 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 Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague
4858
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
JOURNAL OF THE HOUSE
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 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 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 161, nays 0. The motion prevailed.
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 E Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker
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.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON SB 328
The Committee of Conference on SB 328 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 328 be adopted.
FOR THE SENATE:
Don Balfour Senator, 9th District
/s/ Bart Ladd Senator, 41st District
/s/ Price Senator, 56th District
FRIDAY, APRIL 12, 2002
Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Bannister Representative, 77th District
/s/ Michael Todd Coan Representative, 82nd District
/s/ Gene Callaway Representative, 81st District
4859
A BILL
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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), is amended by striking in their entirety subsections (b) and (c) of Section 1 and inserting in lieu thereof the following:
"(b) The five education 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: gwinsb009r Plan Type: LOCAL User: Gina Administrator: CNTYGWINNETT. (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
4860
JOURNAL OF THE HOUSE
for the State of Georgia. Any part of the Gwinnett 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 Gwinnett 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."
SECTION 2. It is the purpose of this Act to reapportion the districts from which members of the Board of Education 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 Education of Gwinnett 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 Gwinnett County shall become effective upon its approval by the Governor or upon its becoming law 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.
District 001 Gwinnett County
Tract: 505.07 BG: 2 2000 2001 2002 2003 2004 2005 2010 2011 2012 2013
FRIDAY, APRIL 12, 2002
BG: 3 BG: 7 Tract: 505.09 Tract: 505.13 BG: 3 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3999 Tract: 505.14 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1017 1018 1019 1020 1021 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 BG: 2 Tract: 505.15 BG: 2 2000 2001 2002 2003 2004 2005 2008 2009 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Tract: 505.16 Tract: 505.17 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2020 2021 2024 2025 2026 2027 2028 2029 2030 BG: 3 Tract: 505.18 BG: 4 4000 Tract: 505.19 BG: 7 7000 7001 7002 7003 7004 7005 7006 7007 7008 7009 7012 Tract: 505.20 Tract: 505.21 Tract: 505.22 Tract: 506.02 Tract: 506.03 BG: 2 2011 2038 2039 2040 2041 2042 2043 2044 Tract: 506.04 BG: 3 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 Tract: 507.04
4861
4862
JOURNAL OF THE HOUSE
BG: 1 1036 Tract: 507.05 Tract: 507.20 BG: 1 1000 1007 1008 1009 1010 1011 1012 1999 BG: 3 BG: 4 Tract: 507.21 BG: 6 6004 6005 6006 6007 6008 BG: 8 8002
District 002 Gwinnett County
Tract: 501.03 BG: 2 2001 2004 2005 2008 2014 2015 2017 2018 2022 2023 2024 2025 2026 2030 2031 2033 2034 2037 2040 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2058 2059 2061 2062 2068 2069 2070 2071 2072 2073 2074 2075 2078 2079 2080 2081 2083 2086 2087 2088 2090 2093 2094 2994 2995 2996 2997 2998 2999 BG: 3 3015 3016 3040 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 BG: 4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4023 4024 Tract: 501.04 BG: 6 BG: 7 7000 7001 7002 7003 7004 7005 7006 7007 7008 7009 7010 7011 7012 7013 7014 7015 7016 7017 7018 7019 7020 7021 7022 7023 7024 7025 7026 7027 7028 7029 7030 7031 7032 7033 7034 7035 7036 7037 7038 7039 7040 7041 7042 7043 7044 7045 7047 7048 7049 7050 7053 7054 7055 7056 7057 7058 7059 7060 7061 7062 7063 7064 7065 7066 7067 7068 7069 7070 7071 7072 7073 7074 7075 7076 7077 7078 7079 7080 7081 7082 7997 7998 7999 Tract: 501.05 BG: 1 1000 1001 1002 1003
FRIDAY, APRIL 12, 2002
BG: 2 2000 2001 2004 2005 2006 2007 2008 2009 2010 2011 2016 2017 2021 2023 2025 2028 2029 2030 2031 2032 2034 2038 BG: 4 4058 4059 4060 4061 4066 4067 4068 4069 Tract: 501.06 BG: 5 5001 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5015 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 BG: 6 6002 6005 6008 6009 6010 6011 6014 6021 6022 6024 6025 6028 6029 6030 6031 6032 6033 6034 6035 6036 6037 6038 6039 6040 6041 6042 6043 6044 6045 6046 6047 6048 6050 6052 6053 6054 6055 6056 6057 BG: 7 7002 7004 7005 7007 7009 7015 7023 7024 7025 7027 7029 7038 7039 7040 7041 7043 7046 7047 7048 7049 7050 Tract: 502.02 Tract: 502.04 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2033 2034 2035 2036 2037 Tract: 505.10 Tract: 505.11 Tract: 505.12 Tract: 505.13 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3028 3029 3030 3031 3032 3033 3034 Tract: 505.14 BG: 1 1016 1022 1023 1024 1025 1026 1027 1028 1029 Tract: 506.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1010 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 1041 1043 1044 1045 1046 1047 1048 1049 1050 1055 1056 1057 1060 1071 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088
4863
4864
JOURNAL OF THE HOUSE
BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 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: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008
District 003 Gwinnett County
Tract: 502.04 BG: 1 BG: 2 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 BG: 3 BG: 4 Tract: 502.05 Tract: 502.06 Tract: 502.07 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 Tract: 503.14 Tract: 503.15 Tract: 503.16 Tract: 504.17 BG: 1 1000 1001
District 004
FRIDAY, APRIL 12, 2002
Gwinnett County Tract: 504.15 Tract: 504.16 Tract: 504.29 Tract: 504.30 Tract: 505.07 BG: 2 2006 2007 2008 2009 2014 2015 2016 2017 2018 2019 Tract: 505.15 BG: 2 2006 2007 2010 BG: 3 BG: 4 Tract: 505.19 BG: 4 BG: 7 7010 7011 7013 Tract: 507.04 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 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 1999 BG: 2 BG: 3 BG: 4 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
4865
4866
JOURNAL OF THE HOUSE
Tract: 507.19 Tract: 507.20 BG: 1 1001 1002 1003 1004 1005 1006 1013 1014 1015 1016 Tract: 507.21 BG: 6 6000 6001 6002 6003 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 BG: 7 BG: 8 8000 8001 8003 8004 8005 8006 8007 8008 8009 8010 8011 8012 8013 8014 8015 8016 8017 8018 8019 8020 8021 8022 8023 8024 8025 8026 8027 8028 8029 8030 8031 8032 8033 8034 8035 8036 8037 8038
District 005 Gwinnett County
Tract: 504.03 Tract: 504.10 Tract: 504.11 Tract: 504.17 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 BG: 2 Tract: 504.18 Tract: 504.19 Tract: 504.20 Tract: 504.21 Tract: 504.22 Tract: 504.23 Tract: 504.24 Tract: 504.25 Tract: 504.26 Tract: 504.27 Tract: 504.28 Tract: 505.17 BG: 2 2011 2012 2013 2014 2015 2016 2017 2018 2019 2022 2023 Tract: 505.18 BG: 3 BG: 4
FRIDAY, APRIL 12, 2002
4001 4002 4003 4004 4005 4006 4007 4008 BG: 6 Tract: 505.19 BG: 5 Tract: 507.12 BG: 3 3998 3999
4867
Representative Bannister of the 77th moved that the House adopt the report of the Committee of Conference on SB 328.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 1832. By Representative Holland of the 157th:
A BILL to amend an Act entitled "An Act to provide a new charter for the City of Ashburn," so as to provide for the terms of office of the mayor and councilpersons; and for other purposes.
The following Senate amendment was read:
Amend HB 1832 by striking lines 11 through 15 of page 1 and inserting: "In 2002 and every four years after shall be an election for mayor and two city councilmembers. In 2003, there shall be a election for three city councilmembers for terms of one year. In 2004 and every four years after shall be an election for such three positions to serve terms of four years. All elections shall be on the Tuesday following the first Monday in November. Terms of office shall begin at the organizational meeting. Whomever receives a plurality of the votes cast for mayor and the highest number of votes cast for city council positions shall be elected."
The following amendment was read and adopted:
4868
JOURNAL OF THE HOUSE
Representative Holland of the 157th moves to amend the Senate amendment to HB 1832 by striking lines 11 through 15 of page 1 and inserting in lieu thereof the following:
"Beginning in 2002 and every four years thereafter on the Tuesday following the first Monday in November, there shall be an election for the office of mayor and two positions on the city council. In 2003 on the Tuesday following the first Monday in November, there shall be an election for three positions on the city council to serve for terms of one year. In 2004 and every four years thereafter on the Tuesday following the first Monday in November, there shall be an election for three positions on the city council to serve for terms of four years. The terms of office shall begin at the organizational meeting as provided for in Section 2.18 of this charter."
By inserting immediately following Line 15 of page 1 the following:
"SECTION 2. Said Act is further amended by striking Section 5.13 and inserting in lieu thereof the following:
'The person receiving a plurality of the votes for the office of mayor shall be elected. The persons receiving the highest number of votes cast for city council positions shall be elected.'"
By renumbering Section 2 as Section 3.
Representative Holland of the 157th moved that the House agree to the Senate amendment, as amended by the House, to HB 1832.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
The following Resolutions of the House were read and adopted:
HR 1697. By Representative Houston of the 166th:
A RESOLUTION expressing regret at the passing of Frank Moody; and for other purposes.
FRIDAY, APRIL 12, 2002
4869
HR 1698. By Representatives Barnard of the 154th, DeLoach of the 172nd, Westmoreland of the 104th, Pinholster of the 15th, Ehrhart of the 36th and others:
A RESOLUTION expressing sympathy at the passing of Michael Lee Woodcock; and for other purposes.
HR 1699. By Representative Brooks of the 54th:
A RESOLUTION expressing regret a the passing of Dr. James A. Kaufmann; and for other purposes.
HR 1700. By Representatives Smith of the 169th and Mosley of the 171st:
A RESOLUTION commending William "Bill" Moore; and for other purposes.
HR 1701. By Representatives Parrish of the 144th, Coleman of the 142nd, Porter of the 143rd, Lanier of the 145th and Morris of the 155th:
A RESOLUTION recognizing and commending Don Speir; and for other purposes.
HR 1702. By Representatives Purcell of the 147th, O'Neal of the 139th, Ray of the 128th and Walker of the 141st:
A RESOLUTION commending Dr. Luann Purcell; and for other purposes.
HR 1703. By Representative Smith of the 103rd:
A RESOLUTION commending Franklin Aluminum Company, Inc.; and for other purposes.
HR 1704. By Representatives Birdsong of the 123rd, Reichert of the 126th, Ray of the 128th, Randall of the 127th, Lucas of the 124th and others:
A RESOLUTION commending Allen Freeman; and for other purposes.
4870
JOURNAL OF THE HOUSE
HR 1705. By Representatives Day of the 153rd, Mueller of the 152nd, Snow of the 2nd, Stephens of the 150th, Kaye of the 37th and others: A RESOLUTION commending Alex Salter; and for other purposes.
HR 1706. By Representatives Smith of the 103rd, Brown of the 130th, Yates of the 106th and Westmoreland of the 104th: A RESOLUTION commending Doug Stone; and for other purposes.
HR 1707. By Representative Jackson of the 148th: A RESOLUTION recognizing and congratulating Reverend Clarence Williams, Jr.; and for other purposes.
HR 1708. By Representatives Coleman of the 142nd, Lane of the 146th, Jamieson of the 22nd and Royal of the 164th: A RESOLUTION recognizing and commending Stephanie Wright; and for other purposes.
HR 1709. By Representatives Mobley of the 69th, Drenner of the 66th, Brooks of the 54th and Benfield of the 67th: A RESOLUTION expressing regret at the passing of Mukamana Jessica Marie Rosine Serwiri; and for other purposes.
HR 1710. By Representatives Lunsford of the 109th, Murphy of the 18th, Westmoreland of the 104th, Walker of the 141st, Skipper of the 137th and others: A RESOLUTION recognizing and commending Terry A. McKenzie; and for other purposes.
FRIDAY, APRIL 12, 2002
4871
HR 1711. By Representatives Coleman of the 142nd, Twiggs of the 8th, Snow of the 2nd, Parrish of the 144th, Channell of the 111th and others:
A RESOLUTION commending Motorola, Inc.; and for other purposes.
HR 1712. By Representatives Teague of the 58th, Maddox of the 72nd, Teper of the 61st, Lord of the 121st and Taylor of the 134th:
A RESOLUTION honoring the memory of Mr. Bobby Swann and expressing regret at his passing; and for other purposes.
HR 1713. By Representatives Jackson of the 148th, Pelote of the 149th, Day of the 153rd, Stephens of the 150th and Bordeaux of the 151st:
A RESOLUTION expressing regret at the passing of Frank H. Bynes; and for other purposes.
HR 1714. By Representatives Jackson of the 148th and Bordeaux of the 151st:
A RESOLUTION honoring the work and achievements of Gwendolyn P. Goodman; and for other purposes.
HR 1715. By Representatives Jackson of the 148th, Henson of the 65th, Childers of the 13th and Pelote of the 149th:
A RESOLUTION in memory of Dr. Robert G. Cash; and for other purposes.
HR 1716. By Representatives Jordan of the 96th, Smyre of the 136th, Cash of the 108th and Lunsford of the 109th:
A RESOLUTION commending Annie Keith; and for other purposes.
HR 1717. By Representative Jackson of the 148th:
A RESOLUTION commending Ashanti Johnson upon his being named Legislative Intern of the Year by the Brisbane Institute of Morehouse College; and for other purposes.
4872
JOURNAL OF THE HOUSE
HR 1718. By Representative Brooks of the 54th: A RESOLUTION honoring Dr. Vivien Davenport; and for other purposes.
HR 1719. By Representatives Day of the 153rd, Mueller of the 152nd, Snow of the 2nd, Stephens of the 150th and Kaye of the 37th: A RESOLUTION commending Andrew Hayes; and for other purposes.
HR 1720. By Representative Collins of the 29th: A RESOLUTION honoring Harold Smith; and for other purposes.
HR 1721. By Representative Collins of the 29th: A RESOLUTION commending Dr. Paul Walker; and for other purposes.
HR 1722. By Representatives Scheid of the 17th, Pinholster of the 15th and Grasse of the 16th: A RESOLUTION commending and congratulating Bernese Cagle; and for other purposes.
HR 1723. By Representative Rogers of the 20th: A RESOLUTION honoring the life of Virginia Trammell Jarrard and expressing regret at her passing; and for other purposes.
HR 1724. By Representatives Manning of the 32nd, Coleman of the 142nd, Hudson of the 120th, Westmoreland of the 104th, Johnson of the 35th and others: A RESOLUTION commending Suntory Water Group; and for other purposes.
FRIDAY, APRIL 12, 2002
4873
HR 1725. By Representative Rogers of the 20th:
A RESOLUTION commending the Lakeview Academy boys soccer team; and for other purposes.
HR 1726. By Representatives Coan of the 82nd, Coleman of the 80th, Dix of the 76th and Muntean of the 85th:
A RESOLUTION commending Coley M. Krug; and for other purposes.
HR 1727. By Representative Collins of the 29th: A RESOLUTION commending Jim Wooten; and for other purposes.
HR 1728. By Representatives Hugley of the 133rd, Smyre of the 136th, Buck of the 135th, Roberts of the 132nd, Walker of the 141st and others:
A RESOLUTION commending Honorable Maretta Mitchell Taylor; and for other purposes.
HR 1729. By Representative Golick of the 30th: A RESOLUTION commending Ms. Maria Vidal; and for other purposes.
HR 1730. By Representatives Powell of the 23rd, Murphy of the 18th, Coleman of the 142nd, Parrish of the 144th, Skipper of the 137th and others:
A RESOLUTION expressing appreciation to Captain Butch Benefield; and for other purposes.
HR 1731. By Representatives Smith of the 169th, Murphy of the 18th, Epps of the 131st and Shaw of the 176th:
A RESOLUTION commending the staff of the Reapportionment Office; and for other purposes.
4874
JOURNAL OF THE HOUSE
HR 1732. By Representative Golick of the 30th:
A RESOLUTION commending Mr. Herman Gammeter; and for other purposes.
HR 1733. By Representative Golick of the 30th:
A RESOLUTION congratulating and commending Keep Smyrna Beautiful, Inc.; and for other purposes.
HR 1734. By Representative Golick of the 30th:
A RESOLUTION commending the Campbell High School Academic Bowl Team; and for other purposes.
HR 1735. By Representative Golick of the 30th: A RESOLUTION commending William Parsons; and for other purposes.
HR 1736. By Representative Collins of the 29th:
A RESOLUTION saluting the civic and community success of Sue Brissey; and for other purposes.
HR 1737. By Representative Collins of the 29th:
A RESOLUTION saluting the business, civic, and community success of Don Whitney; and for other purposes.
HR 1738. By Representative Collins of the 29th: A RESOLUTION saluting the civic and community success of Sue Lake; and for other purposes.
FRIDAY, APRIL 12, 2002
4875
HR 1739. By Representative Collins of the 29th:
A RESOLUTION recognizing and commending Michael Seigler; and for other purposes.
HR 1740. By Representative Collins of the 29th:
A RESOLUTION recognizing and commending Sarah Scott; and for other purposes.
HR 1741. By Representative Collins of the 29th: A RESOLUTION commending MUST Ministries; and for other purposes.
HR 1742. By Representative Collins of the 29th:
A RESOLUTION commending Michael Youssef, Ph.D.; and for other purposes.
HR 1743. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st, Buck of the 135th, Coleman of the 142nd and others:
A RESOLUTION expressing regret at the passing of Dr. James A. Kaufmann; and for other purposes.
HR 1744. By Representatives Royal of the 164th, Buck of the 135th and Murphy of the 18th:
A RESOLUTION wishing Ward Lamb a speedy recovery; and for other purposes.
HR 1745. By Representatives Teague of the 58th, Maddox of the 72nd, Brooks of the 54th, Mobley of the 69th and McKinney of the 51st:
A RESOLUTION expressing regret at the passing of A. Elnamala of Haifa, Israel; and for other purposes.
4876
JOURNAL OF THE HOUSE
HR 1746. By Representative Golick of the 30th: A RESOLUTION commending Belia's Pizzeria of Smyrna, Georgia; and for other purposes.
HR 1747. By Representatives Buckner of the 95th, Barnes of the 97th, Dodson of the 94th and Seay of the 93rd: A RESOLUTION commending A+ for Clayton County Schools Foundation; and for other purposes.
HR 1748. By Representatives Smith of the 169th and Murphy of the 18th: A RESOLUTION commending Lori Meadows; and for other purposes.
HR 1749. By Representatives Mobley of the 69th, Holmes of the 53rd, Turnquest of the 73rd, Brooks of the 54th and Epps of the 131st: A RESOLUTION commending Dr. Tobe Johnson, Jr.; and for other purposes.
HR 1750. By Representative Holland of the 157th: A RESOLUTION commemorating the life of Marvin Lewis Flake; and for other purposes.
HR 1751. By Representative Holland of the 157th: A RESOLUTION commemorating the life of Gilbert D. Branch; and for other purposes.
HR 1752. By Representative Holland of the 157th: A RESOLUTION commemorating the lives of Tommy Joe Wideman, Deborah Wheeler Wideman, Melissa Wideman, and Abbie Alexis Wideman; and for other purposes.
FRIDAY, APRIL 12, 2002
4877
HR 1753. By Representatives Mueller of the 152nd, Wilkinson of the 43rd, Jackson of the 148th, Stephens of the 150th and Westmoreland of the 104th: A RESOLUTION honoring Mr. and Mrs. Pat Smith on the occasion of their 50th wedding anniversary; and for other purposes.
HR 1754. By Representative Mangham of the 75th: A RESOLUTION commending the Stephenson High School Girls Basketball Team; and for other purposes.
HR 1755. By Representative Mangham of the 75th: A RESOLUTION commending the Brisbane Institute at Morehouse College; and for other purposes.
HR 1756. By Representative Mangham of the 75th: A RESOLUTION commending the Rockdale County 2002 Teachers of the Year; and for other purposes.
HR 1757. By Representative Mangham of the 75th: A RESOLUTION commending DeKalb County Teachers of the Year in House District 75; and for other purposes.
HR 1758. By Representative Mangham of the 75th: A RESOLUTION congratulating the Antioch Lithonia Missionary Baptist Church; and for other purposes.
HR 1759. By Representatives Holland of the 157th and Murphy of the 18th: A RESOLUTION commending former State Representative A. T. Mauldin; and for other purposes.
4878
JOURNAL OF THE HOUSE
HR 1760. By Representatives Williams of the 5th, Murphy of the 18th, Westmoreland of the 104th, Lunsford of the 109th, Walker of the 141st and others:
A RESOLUTION expressing appreciation to the Honorable James Allen Hammontree; and for other purposes.
HR 1761. By Representatives Skipper of the 137th, Parrish of the 144th, Coleman of the 142nd, Lucas of the 124th, Cummings of the 27th and others:
A RESOLUTION recognizing and commending Christopher A. P. Carpenter; and for other purposes.
HR 1762. By Representative Coleman of the 142nd:
A RESOLUTION recognizing and commending Laverne Hendon; and for other purposes.
HR 1763. By Representative Jenkins of the 110th:
A RESOLUTION commending Adam Wade Baswell on becoming an Eagle Scout; and for other purposes.
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 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
FRIDAY, APRIL 12, 2002
4879
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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Ragan of the 11th, Hill of the 4th, and Thompson of the 33rd.
The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:
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.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 379. By Representative Channell of the 111th:
A BILL to provide for the nonpartisan nomination and election of the judge of the Probate Court of Putnam County; and for other purposes.
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 County-Marietta 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.
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.
4880
JOURNAL OF THE HOUSE
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.
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.
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 are 65 years of age or older and whose annual household income does not exceed $39,000.00; and for other purposes.
The Senate recedes from its substitute to the following bills of the House:
HB 696. By Representatives Birdsong of the 123rd and Jenkins of the 110th:
A BILL to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exceptions from the requirements of disclosure of public records, so as to provide an exception with respect to public records of an emergency "911" system containing information which would reveal the name, address, or telephone number of a person placing a call to a public safety answering point, which information may be redacted from such records; and for other purposes.
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
FRIDAY, APRIL 12, 2002
4881
authority; and for other purposes.
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 Senate recedes from its amendments to the following bills of the House:
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.
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.
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 Senate adheres to its disagreement to the House amendment to the Senate amendment and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:
HB 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
4882
JOURNAL OF THE HOUSE
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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Meyer von Bremen of the 12th, Brush of the 24th, and Kemp of the 3rd.
The Senate has adopted the report of the Committee of Conference on the following bills of the Senate and House:
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.
HB 410. By Representative Stokes of the 92nd:
A BILL to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to sentencing, so as to allow the trial judge to have continuing authority to modify a sentence for one year from when the sentence is imposed; and for other purposes.
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.
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
FRIDAY, APRIL 12, 2002
4883
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.
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 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 Senate has agreed to the House amendments to the following bills of the Senate:
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.
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
4884
JOURNAL OF THE HOUSE
for provisional ballots; to provide for the method of voting and counting such ballots; to repeal conflicting laws; and for other purposes.
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.
The Senate has agreed to the House substitute to the following bills of the Senate:
SB 61. By Senators Streat of the 19th, Tate of the 38th, Cheeks of the 23rd, Butler of the 55th and Bowen of the 13th:
A BILL to be entitled an Act to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to provide for the indemnification of state highway employees with respect to death or permanent disability; to change certain provisions relating to definitions of terms; to provide for the inclusion of certain persons in the Georgia State Indemnification Commission; to authorize appropriation of funds to the Georgia State Indemnification Fund; to provide for the payment of indemnification to state highway employees; to provide for requirements for applications for indemnification; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 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.
FRIDAY, APRIL 12, 2002
4885
SB 110. By Senators Thompson of the 33rd and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Code Section 45-16-27 of the Official Code of Georgia Annotated, relating to coroner inquests, so as to provide for subpoenas by medical examiners from the office of chief medical examiner and for confidentiality and costs; to include certain medical records; to repeal conflicting laws; and for other purposes.
SB 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 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.
SB 253. By Senators Hecht of the 34th, Tanksley of the 32nd and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Chapter 11 of Title 14 of the Official Code of Georgia Annotated, known as the "Georgia Limited Liability Company Act," so as to change certain definitions and cross-references; to change the provisions relating to approval rights of members and managers; to change the provisions relating to distributions upon the event of dissociation; to change the provisions relating to assignment of limited liability company interest; to change the provisions relating to taxation; to repeal conflicting laws; and for other purposes.
SB 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
4886
JOURNAL OF THE HOUSE
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 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 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 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
FRIDAY, APRIL 12, 2002
4887
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 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.
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 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 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
4888
JOURNAL OF THE HOUSE
change certain provisions relative to exemptions; to provide an exemption for ready-mixed concrete; 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 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.
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.
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
FRIDAY, APRIL 12, 2002
4889
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 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.
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 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.
4890
JOURNAL OF THE HOUSE
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 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 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 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
FRIDAY, APRIL 12, 2002
4891
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.
SB 563. By Senators Ragan of the 11th, Bowen of the 13th and Golden of the 8th:
A BILL to be entitled an Act to create the Joint Recreation Authority of Brooks, Colquitt, Grady, Mitchell, and Thomas Counties and to authorize such authority to acquire, own, operate, manage, construct, equip, maintain, modify, improve, expand, and operate sports, cultural, and recreational facilities and areas of all kinds and descriptions; to provide for the validation of revenue bonds and supporting agreements pursuant to the provisions of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; to grant to the authority sovereign immunity; to fix the venue or jurisdiction of actions to which the authority shall be a party; to provide for construction of this Act; to provide for conveyance of property upon dissolution; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House amendment to the Senate substitute to the following bills of the House:
HB 24. By Representatives Golick of the 30th, Lord of the 121st, Dodson of the 94th, Harbin of the 113th and Maddox of the 72nd:
A BILL to amend Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair or deceptive acts or practices in the business of insurance, so as to prohibit certain discriminatory practices based on race, color, or national or ethnic origin; and for other purposes.
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
4892
JOURNAL OF THE HOUSE
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.
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 Senate has agreed to the House substitute to the following resolution of the Senate:
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 agreed to the House amendment to the Senate amendment to the following bills 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.
HB 1832. By Representative Holland of the 157th:
A BILL to amend an Act entitled "An Act to provide a new charter for the City of Ashburn," so as to provide for the terms of office of the mayor and councilpersons; and for other purposes.
The Senate has agreed to the House amendment to the Senate amendment to the following resolution of the House:
FRIDAY, APRIL 12, 2002
4893
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.
Pursuant to HR 1696, adopted by the House and Senate, the Speaker announced the House adjourned sine die.
INDEX TO JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
REGULAR SESSION
2002
PART I PART II PART III PART IV PART V -
ALPHABETICAL TABULATION (House and Senate Bills and Resolutions)
NUMERICAL TABULATION (House Bills)
NUMERICAL TABULATION (House Resolutions)
NUMERICAL TABULATION (Senate Bills in House)
NUMERICAL TABULATION (Senate Resolutions in House)
HOUSE JOURNAL
PART I
HOUSE AND SENATE BILLS AND RESOLUTIONS
A
ABANDONMENT, CHILD Magistrate courts; jurisdiction.............................................................................. HB 1061 Safe Place for Newborns Act of 2002; enact ......................................................... HB 360 Safe Place for Newborns Act of 2002; enact ....................................................... HB 1718
ABANDONMENT, MOTOR VEHICLES Removal and disposition ...................................................................................... HB 1562 Removal from public property after 2 days ............................................................ SB 105 Towing and storage charges; lien foreclosure procedures; paid parking lots, forbid towing, alcoholic beverage establishments .......................... SB 334
ABORTION Aborted fetuses; unlawful disposal; additional penalties..................................... HB 1674 First trimester abortions; regulate certain facilities................................................ HB 953
ACCOUNTANTS Accountants, public; certification; registration; commission disclosure ............. HB 1215
ACWORTH, CITY OF; redevelopment powers; referendum ............................. HB 1787
AD VALOREM TAX Ad valorem tax on tangible property; eliminate - CA.......................................... HR 1137 Agricultural or conservation use covenants; homeowner tax relief grants.......... HB 1321 Boards of tax assessors; removal of member; provisions .................................... HB 1278 Certain class; redevelopment of hazardous waste sites - CA............................... HR 1111 Conservation use property covenants; renewal contracts without a lapse .............. SB 452 Education funding; impose 1% sales tax; repeal ad valorem tax - CA................ HR 1112 Education funding; repeal ad valorem tax; impose 3% sales tax - CA................ HR 1139 Education funding; repeal ad valorem tax; impose sales tax - CA ...................... HR 1079
Refer to numerical index for page numbers
4898
INDEX
Exemption; certain commercial dockside facilities ............................................. HB 1288 Exemption; certain commercial fishing vessels................................................... HB 1287 Exemption; certain commercial fishing vessels................................................... HB 1391 Exemption; certain historic property; medical museum ...................................... HB 1244 Exemption; change income limitation; include disabled ..................................... HB 1282 Exemption; motor vehicles; Medal of Honor recipients ...................................... HB 1204 Exemptions; certain counties; population classification ...................................... HB 1106 Exemption; surviving spouses of certain military personnel ............................... HB 1217 Heavy-duty equipment motor vehicles; amend provisions.................................... HB 974 Homestead exemption; certain counties; time for making application................ HB 1559 Homestead exemption; certain residents; delete income qualification ................ HB 1304 Homestead exemption; full value of homestead; certain residents...................... HB 1007 Homestead exemption; married person not living with spouse ............................. HB 331 Mobile home decal; failure to display; prosecution............................................... HB 134 Motor vehicles; registration and taxation; amend provisions .............................. HB 1740 Payments; certain counties; population classification............................................. SB 405 Property; nuisance abatement liens; tax liens and sales;
judicial foreclosures; titles; interested parties; procedures .................................. SB 462 Property tax exemption; private land dedicated for public road.......................... HB 1603 Separate class; certain dockside facilities - CA ..................................................... HR 364 Separate class; certain low-income projects - CA................................................ HR 1073 State homestead exemptions; age questionnaire .................................................. HB 1431 Tax commissioners and employees; certain counties; mandatory training............ HB 142 Taxes and license fees; refunds by counties and municipalities;
time for filing claim........................................................................................... HB 1225 Taxes and license fees; refunds by counties and municipalities;
time for filing claim........................................................................................... HB 1227 Taxes and license fees; refunds by counties and municipalities;
time for filing claim........................................................................................... HB 1286 Taxpayer claims for refunds; increase filing time period ....................................... SB 319 Time for making returns in certain counties; change population brackets .......... HB 1449 Unpaid property taxes; waiver of interest .............................................................. HB 547
ADJOURNMENT Adjourn 1/18/02; reconvene 1/28/02 ...................................................................... SR 481 Adjourn 2/14/02; reconvene 2/18/02 ................................................................... HR 1114 Adjourn 2/20/02; reconvene 2/25/02 ...................................................................... SR 679 Adjourn 3/1/02; reconvene 3/7/01........................................................................ HR 1294 Adjourn 3/19/02; reconvene 3/25/02 ...................................................................... SR 861 Adjourn 3/27/02; reconvene 4/1/02 ..................................................................... HR 1489 Adjourn 4/3/02; reconvene 4/9/02........................................................................... SR 983
Refer to numerical index for page numbers
INDEX
4899
Adjourn 4/10/02; reconvene 4/12/02; adjourn sine die at 3 p.m.......................... HR 1693 Adjourn sine die 4/12/02 at 3:45 p.m................................................................... HR 1696
ADMINISTRATORS AND EXECUTORS (See Wills, Trusts, and Administration of Estates)
ADMINISTRATIVE PROCEDURE Family violence intervention programs; operation and certification ...................... SB 467 Open records; emergency "911" calls; redact certain information ........................ HB 696 Public health emergencies and bioterrorism; reporting requirements and response provisions.................................................................. SB 385
ADMINISTRATIVE SERVICES, DEPARTMENT OF Minorities; include females in definition ............................................................. HB 1627 Minority business; certification............................................................................ HB 1162 Minority business enterprise; participation report; Department of Administrative Services issue annually .................................... HB 1630 Minority business enterprise; redefine "minority"................................................. HB 738 Transfer certain ministerial functions to Prosecuting Attorneys Council............... SB 307
ADOPTION; records access; certain birth certificates.......................................... HB 1127
ADVERTISING Outdoor advertising; multiple message signs .......................................................... SB 59 Outdoor advertising; prohibit nudity or sexual conduct ...................................... HB 1576 Signs along public roads; change penalty provisions ............................................ HB 964
AGED (See Elderly)
AGENCIES (See Named Agency or State Government)
AGRICULTURE Ad valorem tax; agricultural or conservation use covenants; homeowner tax relief grants .............................................................................. HB 1321 Animal protection; county and municipal ordinances ............................................ SB 399 Dead animals; regulation of handling and disposal ................................................ SB 370 Dog and cat sterilization program; license plates promoting................................. HB 945 Fair Farming Act; enact........................................................................................ HB 1498 Georgia Safe Schools Act; adopt; pest management programs ........................... HB 1242 House Agricultural Water Conservation Incentive Program Study Committee; create ..................................................................................... HR 568
Refer to numerical index for page numbers
4900
INDEX
House Biodiesel Study Committee; create........................................................... HR 1321 Leaf tobacco sales; approved graders...................................................................... SB 321 Nuisances; agricultural facilities and operations; definitions; state policy.......... HB 1087 Organic food or feed; registration and regulation ................................................... SB 361 Pick-your-own farms, equine or llama activities, fishing locations; liability ...... HB 1150 Sales tax exemption; biotechnology research, development,
or manufacturing ............................................................................................... HB 1462 Sales tax exemption; certain fuels for horticultural purposes .............................. HB 1515 Sales tax exemption; sales to agricultural commodity commissions................... HB 1180 Soil and Water Conservation Commission; compensation.................................. HB 1422 Special license plates; Future Farmers of America.............................................. HB 1315 State employees' health insurance; include agricultural
commodity commissions employees................................................................. HB 1494 State employees' health insurance; include agricultural
commodity commissions employees.................................................................... SB 519 Structural pest control operators; examinations; qualifications;
insurance requirements...................................................................................... HB 1182 Tax stamps on cigarettes; additional requirements .............................................. HB 1606 Tax stamps on cigarettes; additional requirements .............................................. HB 1621 Turfgrass sod; urge use by state for certain groundcover ...................................... HR 567 Vidalia onion; redefine........................................................................................... HB 789 Warehouse Act; bond; coverage .......................................................................... HB 1561
AIR POLLUTION Emission inspections; Board of Natural Resources; certain power ..................... HB 1108 Environmental rules and regulations; risk assessment and cost benefit analysis............................................................................................. HB 587 House Hartsfield-Atlanta Aviation Air Quality Impact Zone Study Committee; create ..................................................................................... HR 515 Telework Study Commission; create ..................................................................... HR 984
AIRLINES AND AIRPORTS (See Aviation)
ALBANY, CITY OF City of Albany and Albany State University Stadium Authority; create............. HB 1611
ALBERT SHELTON SWINDELL MEMORIAL HIGHWAY; designate .......................................................................................... HR 791
ALCOHOLIC BEVERAGES AND ALCOHOLISM Certain alcoholic beverage facilities; parking lots; prohibitions ......................... HB 1702
Refer to numerical index for page numbers
INDEX
4901
Certain parking lots; prohibit towing vehicles between midnight and noon................................................................................................ SB 334
Community service boards; powers, duties, and functions.................................... HB 332 Controlled substance analog; definition; provisions ............................................ HB 1186 Controlled substances and dangerous drugs; amend provisions .......................... HB 1185 Drivers' licenses; restoration; completion of certain courses or programs............ HB 480 Driving under the influence; certain administrative proceedings;
amend provisions............................................................................................... HB 1506 Firearms; license to carry; prohibition; certain conviction .................................. HB 1633 House Alcoholic Beverages Distribution System Study Committee; create ......... HR 221 House Study Committee on the Organization of the Public
Delivery System for Mental Health, Mental Retardation, and Substance Abuse Services; create ................................................................ HR 648 Laws and provisions; classification by population; revise................................... HB 1489 Malt beverage excise taxes; excess proceeds; repeal certain provisions; population classification ................................................................. HB 1438 Malt beverages; certain labels; urge Alcohol, Tobacco, and Firearms Bureau reconsider approval................................................................ HR 1227 Mental health, developmental disabilities, and addictive diseases; regional planning boards; community service boards; state ombudsman........... HB 498 Mental health; patients in certain facilities; transportation .................................. HB 1400 Retail package store; location restriction; certain waiver .................................... HB 1724 Retail package store; location; waive certain restriction...................................... HB 1706 Substance Abuse and Crime Prevention Act of 2001; enact.................................. HB 743 Sunday sales; beer and wine by the drink; certain counties and municipalities; referendum........................................................... HB 1433 Sunday sales; consumption on premises; local authorization .............................. HB 1331 Wine or fermented beverages; sales by the drink; local excise taxes .................. HB 1394
ALCOVY JUDICIAL CIRCUIT; add judge....................................................... HB 1175
ALIENS Colleges; certain foreign students; report to Immigration and Naturalization Service ................................................................................ HB 1231 Drivers' licenses; amend provisions .................................................................... HB 1008 HOPE scholarships; eligibility; undocumented immigrants ................................ HB 1810 Nonresident or alien wholesale fish dealers; license fees .................................... HB 1088
ALIMONY AND CHILD SUPPORT Child support enforcement; medical support; bank match registry; amend provisions ................................................................................ HB 1224
Refer to numerical index for page numbers
4902
INDEX
Escape; redefine; child support or alimony arrearage.......................................... HB 1257 Financial condition of parties; judgments ............................................................ HB 1647 Interest; alimony or divorce payments; 30 days late.............................................. HB 492 Juvenile proceedings; amend provisions................................................................ HB 127 Postmajority child support; mentally or physically disabled child ...................... HB 1412 Prosecuting Attorneys Council; certain ministerial functions;
transfer from Department of Administrative Services ......................................... SB 307
ALPHARETTA, CITY OF; homestead exemption; increase .............................. HB 1782
ALVIN MITCHELL STREET; designate........................................................... HR 1108
AMBULANCES (See Emergencies and Emergency Services)
AMENDMENTS TO THE CONSTITUTION (See Constitutional Amendments)
AMERICUS, CITY OF; council districts; reapportion ........................................ HB 1442
ANATOMICAL GIFT ACT State employees; organ donors; paid leave of absence ........................................ HB 1049
ANDERSON, HONORABLE ALBERTA J. Resignation from House....................................................................................... Page 215 Withdrawal of resignation.................................................................................... Page 264
ANIMALS Animal and Dairy Science Complex, University of Georgia; urge name honoring Edgar L. Rhodes................................................................. HR 909 Animal protection; county and municipal ordinances ............................................ SB 399 Certain facilities; local zoning and animal control regulations............................ HB 1637 Dead animals; regulation of handling and disposal ................................................ SB 370 Dog and cat sterilization; license plates promoting ............................................... HB 945 Dog and cat sterilization; special license plate funding - CA ................................ HR 264 House Biodiesel Study Committee; create........................................................... HR 1321 Hunting; deer and feral hogs; baiting or luring with food; license fees for wildlife management................................................................... SB 369 Nonambulatory livestock; humane handling and euthanization .......................... HB 1317 Pick-your-own farms, equine or llama activities, fishing locations; liability ...... HB 1150 Public health emergencies and bioterrorism; reporting requirements and response provisions.................................................................. SB 385
Refer to numerical index for page numbers
INDEX
4903
Sales tax exemption; biotechnology research, development, or manufacturing ............................................................................................... HB 1462
Sales tax exemption; sales by certain humane societies ........................................ HB 501
APPEAL AND ERROR Appellate review; criminal cases; judgments, rulings, decisions, motions; summary judgments; jurisdiction ........................................ SB 393 Determination of paternity; motion to set aside; genetic testing ........................... HB 369
APPEALS, COURT OF Appellate review; criminal cases; judgments, rulings, decisions, motions; summary judgments; jurisdiction ......................................................... SB 393 Court cases; grounds for continuance; General Assembly members and staff during legislative sessions .................................................. HB 1320 Joint session; Governor's message; invite justices and appellate judges............... HR 783 Joint session; Governor's message; invite justices and appellate judges............... HR 784 Joint session; Governor's message; invite justices and appellate judges............... HR 903 Joint session; message from Chief Justice of Supreme Court ............................... HR 785 Supreme court; jurisdiction to answer questions of law from any state appellate or federal court - CA ..................................................... SR 600
APPROPRIATIONS AND FISCAL AFFAIRS Bills requiring expenditure of state funds; certain statement............................... HB 1709 Budget Act; amend provisions ............................................................................. HB 1560 General appropriations; FY 2002-2003 ............................................................... HB 1002 General appropriations; FY 2002-2003 ............................................................... HB 1037 State funds; prohibition; certain agencies and corporations .................................. HB 980 Supplemental appropriations; educational facilities; general obligation debt ..... HB 1000 Supplemental appropriations; FY 2001-2002 ...................................................... HB 1001 Supplemental appropriations; FY 2001-2002 ...................................................... HB 1036 Supplemental appropriations; FY 2001-2002 ...................................................... HB 1038
ARCHAEOLOGY Archeological sites; disturbance; exception to prohibition.................................. HB 1198 Artifacts in certain riverbeds; not subject to certain laws .................................... HB 1642
ARCHIVES Archives and History; change Department of to Division of; amend provisions ........................................................................................... HB 487
Refer to numerical index for page numbers
4904
INDEX
ARRESTS Motor vehicle violations; reports of school bus drivers or other recorded visual evidence ............................................................................. SB 296 Private security guards; arrest powers .................................................................... SB 168
ARTS; House Arts Education Study Committee; create........................................ HR 1322
ASHBURN, CITY OF; mayor and council; terms of office................................. HB 1832
A. S. NEWTON HIGHWAY; designate .............................................................. HR 1104
ASSAULT AND BATTERY Assault and battery against public transit and school bus operators; penalties ... HB 1299 Assault, aggravated assault, reckless conduct; amend provisions ....................... HB 1107
ATHENS, CITY OF Athens-Clarke County; board of education; reapportion ..................................... HB 1396 Athens-Clarke County; board of elections and registration................................. HB 1055 Athens-Clarke County; commission districts; reapportion.................................. HB 1118 Athens-Clarke County; legislative power of mayor; clarification ....................... HB 1053 Athens-Clarke County; school system; superintendent's authority..................... HB 1183
ATHLETE AGENTS AND ATHLETIC TRAINERS Athletic trainers; licensure and qualifications...................................................... HB 1083 Uniform Athlete Agents Act; enact...................................................................... HB 1075
ATKINSON COUNTY Commissioner districts; reapportion .................................................................... HB 1294 Education districts; reapportion ........................................................................... HB 1259
ATLANTA, CITY OF Atlanta Board of Education Charter Review Commission; create ........................ HR 985 Atlanta Board of Education Charter Review Commission; create ......................... SR 608 City court; clerks and administrator ..................................................................... HB 1339 Homestead exemption; certain residents.............................................................. HB 1797 House Study Committee for the Transfer of Operations of the Hartsfield Atlanta International Airport; create ............................................ HR 786
ATLANTIC JUDICIAL CIRCUIT; change terms................................................. SB 534
Refer to numerical index for page numbers
INDEX
4905
ATTORNEY GENERAL Death penalty cases; appeals; Attorney General notify victim's family.............. HB 1070 Education loan forgiveness programs; certain attorneys; Georgia Student Finance Authority...................................................................... SB 465 Obscenity and Pornography Complaints Ombudsman; create ............................ HB 1365 Prosecuting attorneys; appointment of substitute when district attorney or solicitor-general disqualified ................................................ SB 276 Public officials; indictment procedures; Corruption Prevention Act ..................... SB 234
ATTORNEYS Court cases; grounds for continuance; General Assembly members and staff during legislative sessions .................................................. HB 1320 Education loan forgiveness programs; certain attorneys; Georgia Student Finance Authority...................................................................... SB 465 Employees' Retirement; certain prior legal service; credit.................................... HB 666 LRE Day at the State Capitol; recognize January 29, 2002................................... HR 852 Notaries public; unauthorized practice of law; prohibitions ................................ HB 1256 Prosecuting Attorneys Council; ministerial functions; transfer from Department of Administrative Services ......................................... SB 307
AUCTIONEERS, LICENSED; no additional license required ........................... HB 1664
AUDITS AND AUDITORS State auditor; special audits; authority and powers; confidentiality .................... HB 1285
AUGUSTA, CITY OF Augusta-Richmond County; amend Act consolidating........................................ HB 1334 Augusta-Richmond County; commissioner districts; reapportion....................... HB 1689 Augusta-Richmond County; commissioners; amend provisions ............................ SB 572 Augusta-Richmond County; mayor and mayor pro tem; amend provisions ....... HB 1670 Augusta-Richmond County; mayor's authority; county administrator................ HB 1293
AUSTELL, CITY OF Homestead exemption; base year assessed value.................................................... SB 395
AUTHORITIES County and state ordinances; violation; increased jail punishment ..................... HB 1511 Education loan forgiveness programs; certain attorneys; Georgia Student Finance Authority...................................................................... SB 465 Employees' Retirement; membership; Georgia Rail Passenger Authority............ HB 785 Environmental Training and Education Authority; membership......................... HB 1377
Refer to numerical index for page numbers
4906
INDEX
Georgia Airport Management Authority; create .................................................. HB 1084 Georgia Courts Automation Commission; advisory council;
Georgia Technology Authority ........................................................................... HB 681 Georgia Technology Authority Overview Committee; create ............................. HB 1445 Joint Recreation Authority of Brooks, Colquitt, Grady,
Mitchell and Thomas Counties; create................................................................. SB 563 Merit system; redefine department and agency; exclude
authorities and public corporations ................................................................... HB 1417 Oconee River Greenway Authority; create; Aviation Hall of
Fame; amend powers of board; I-20 Corridor Regional Airport Study Commission; create.................................................................... HB 1096 OneGeorgia Authority; transfer to Department of Community Affairs .............. HB 1393 Power Alley Development Authority Act; enact ................................................... HB 744 Sapelo Island Heritage Authority; membership...................................................... SB 391 Southwest Georgia Railroad Excursion Authority; assign to Department of Natural Resources ..................................................................... HB 1538 State authorities and instrumentalities; unsafe working conditions; Commissioner of Labor investigate................................................... SB 337 State Road and Tollway Authority; electronic toll collection; transfer identification devices ........................................................................... HB 1212 Toll revenues; urge using only for original projects ............................................ HR 1539
AVIATION Air ambulance emergency care and transportation; licensure ................................ SB 501 Airport Management Authority; create ................................................................ HB 1084 Aviation Hall of Fame; additional powers of board............................................. HB 1289 Aviation Hall of Fame; amend powers of board; I-20 Corridor Regional Airport Study Commission; create .................................................... HB 1096 House Hartsfield-Atlanta Aviation Air Quality Impact Zone Study Committee; create ..................................................................................... HR 515 House Study Committee for the Transfer of Operations of the Hartsfield Atlanta International Airport; create ............................................ HR 786 Major Airport Operations Act; enact ................................................................... HB 1012 Transportation Safety Act of 2002; enact; Transportation Passenger Safety Act ......................................................................................... HB 1060 Transportation Security Act of 2002; passenger safety; false alarms; terroristic threats ............................................................................. SB 330 Zoning; land use around airports; requirements................................................... HB 1673
Refer to numerical index for page numbers
INDEX
4907
B
BAIL (BONDS AND RECOGNIZANCES) Bondsmen; criminal background check............................................................... HB 1556 Family violence; repeat offenders; setting of bail .................................................... SB 36 Bondsmen and bail recovery agents; continuing education ................................... SB 530
BALDWIN, CITY OF; homestead exemptions; certain residents ....................... HB 1679
BALDWIN COUNTY Commissioner districts; reapportion .................................................................... HB 1124 Education districts; reapportion ........................................................................... HB 1125 Grant easement........................................................................................................ SR 575 Sinclair Water Authority; governing board; meeting notices.............................. HB 1762
BANKING AND FINANCE Bank acquisition; age requirement ......................................................................... SB 532 Financial institutions; certain records; search warrant; disclosure ...................... HB 1678 Financial institutions; Department of Banking and Finance; amend provisions ................................................................................................ SB 353 Georgia Fair Lending Act; enact.......................................................................... HB 1361 Identity fraud; define offense; victim assistance; proper business records disposal ..................................................................................... SB 475 Investment Capital Study Committee; create ......................................................... SR 668 Interest; alimony or divorce payments; 30 days late ............................................. HB 492 Lending Compliance Act; enact........................................................................... HB 1191 Minorities; include females in definition............................................................. HB 1627 Uniform Commercial Code; letters of credit; secured transactions..................... HB 1253
BANKS COUNTY; grant easement ......................................................................... SR 575
BARROW COUNTY Commissioner districts; reapportion .................................................................... HB 1011 Education districts; reapportion ........................................................................... HB 1010 Homestead exemption.......................................................................................... HB 1485
BARTOW COUNTY Convey property..................................................................................................... HR 949 Education districts; reapportion ........................................................................... HB 1543 Joint Cartersville-Bartow County Regional Industrial Development Authority; create............................................................................ SB 551
Refer to numerical index for page numbers
4908
INDEX
BEER (See Alcoholic Beverages and Alcoholism)
BELLSOUTH CALL CENTERS IN GEORGIA Urge reconsider relocating ................................................................................... HR 1145
BEN HILL COUNTY Commissioner districts; reapportion .................................................................... HB 1569 Education districts; reapportion ........................................................................... HB 1570 Vehicle registration period................................................................................... HB 1426
BERLIN, CITY OF; new charter.......................................................................... HB 1574
BERNITA C. HARRIS HIGHWAY; designate.................................................. HR 1076
BERRIEN COUNTY Commissioner districts; reapportion .................................................................... HB 1749 Education districts; reapportion ........................................................................... HB 1520
BIBB COUNTY Board of public education; repeal certain Act ..................................................... HB 1788 Commissioner districts; reapportion .................................................................... HB 1773 Convey property...................................................................................................... SR 574 Education districts; reapportion ........................................................................... HB 1698 Grant easement........................................................................................................ SR 575 Macon-Bibb County; 2002 Cherry Blossom Festival; invite officials to House .................................................................................... HR 1225 Macon Water Authority; electoral districts; reapportion..................................... HB 1772
BICYCLES Bicycle lanes throughout the state; urge Department of Transportation create... HR 1116
BINGO; fee for conducting games; participation in operations ............................ HB 1329
BIOTERRORISM (See Terrorism)
BIRDS; penraised quail for training pointing and retrieving dogs ........................ HB 1058
BLIND PERSONS (See Handicapped Persons)
Refer to numerical index for page numbers
INDEX
4909
BLOOMINGDALE, CITY OF Corporate limits.................................................................................................... HB 1716 Corporate limits.................................................................................................... HB 1808
BLUE STAR MEMORIAL HIGHWAY Designate portion of Covington Highway ........................................................... HR 1320 Designate portion of State Route 15 ...................................................................... HR 805
BOARD OF REGENTS, UNIVERSITY SYSTEM OF GEORGIA Animal and Dairy Science Complex, University of Georgia; urge name honoring Edgar L. Rhodes ................................................................ HR 909 Children of certain deceased law enforcement officers; urge free college tuition .................................................................................... HR 1538 Deborah Green Jackson estate; gift to Southwestern College in 1948; urge recognition and plaque................................................................ HR 1457 High school region athletic competition; travel distance..................................... HB 1123 LRE Day at the State Capitol; recognize 1-29-02 ................................................. HR 852 Paraprofessionals; degree requirements; urge board of regents adopt certain policy ................................................................................ HR 789 Public officers and employees; executive branch; exception to certain prohibition ........................................................................ HB 1306
BOATS Ad valorem tax; exempt certain commercial dockside facilities......................... HB 1288 Ad valorem tax; exempt certain commercial fishing vessels .............................. HB 1287 Ad valorem tax; exempt certain commercial fishing vessels ............................. HB 1391 Ad valorem tax; separate class; certain dockside facilities - CA........................... HR 364 Boats taking shrimp; certain limitation; not applicable to certain vessels........... HB 1699 Crabbing and crab possession; provisions; prohibitions...................................... HB 1057 Game and fish violations; penalties; rules; creel limits .......................................... SB 347 Lifesaving equipment required ............................................................................ HB 1042 Marine manufacturers; contracts with dealers; termination provisions............... HB 1303 Motor vehicles or watercraft on sand dunes; prohibit; protection of nesting sea turtles and shore birds ............................................... HB 1048 Specialized boating sport; training of athletes; permits....................................... HB 1145
BONDS Bondsmen; criminal background check............................................................... HB 1556 Nonpublic Postsecondary Educational Institutions Act; amend provisions; Tuition Guaranty Trust Fund................................................. SB 425 Revenue certificates; gas systems; remove referendum requirement..................... SB 381
Refer to numerical index for page numbers
4910
INDEX
Septic tanks; certified installers and pumpers; bonds.......................................... HB 1163 Warehouse Act; bond coverage ........................................................................... HB 1561
BORDEAUX, HONORABLE TOM; committee assignment................................. Page 6
BOWMAN, CITY OF; new charter...................................................................... HB 1711
BOXING, PROFESSIONAL Regulation by Athletic and Entertainment Commission ..................................... HB 1592 State Boxing Commission; urge not sanctioning Mike Tyson fight.................... HR 1135
BRAIN AND SPINAL INJURY TRUST FUND COMMISSION New name; membership; disbursement of funds requirements.............................. SB 364
BRANTLEY COUNTY Board of education; advisory referendum............................................................ HB 1814 Form of government; advisory referendum ......................................................... HB 1813
BREASTFEEDING IN PUBLIC PLACES; change provisions............................ SB 221
BRIDGES (See Highways, Bridges, and Ferries)
BROOKS COUNTY Joint Recreation Authority of Brooks, Colquitt, Grady, Mitchell and Thomas Counties; create................................................................. SB 563
BUDGET (See Appropriations and Fiscal Affairs)
BUILDINGS AND HOUSING Ad valorem tax; separate class; certain low-income projects - CA..................... HR 1073 Counties and municipalities; community redevelopment tax incentive program CA ................................................................................ HR 391 Fire extinguishers and suppression systems; regulation; licensure ........................ SB 358 Georgia Fair Lending Act; enact.......................................................................... HB 1361 Guaranteed Energy Cost Savings Act; enact ....................................................... HB 1659 Joint Construction Codes Study Committee; create ............................................ HR 1039 Joint Construction Codes Study Committee, Joint Study Committee on Jekyll Island, and Joint Study Committee on Early Childhood Education; create .............................................................. HR 1105 Joint Study Committee on the Certification or Licensure of Home Builders and Commercial General Contractors; create ..................... HR 1178
Refer to numerical index for page numbers
INDEX
4911
J. T. "Sonny" King Memorial Regional Office of the Georgia Bureau of Investigation; designate...................................................... HR 1296
Manufactured or mobile home parks; severe weather warning devices.............. HB 1268 Property; nuisance abatement liens; tax liens and sales;
judicial foreclosures; titles; interested parties; procedures .................................. SB 462 Public water systems; residential building owners ................................................. SB 357 Transportable housing; certain foreclosure; liability to satisfy lien ....................... SB 422 Turfgrass sod; urge use by state for certain groundcover...................................... HR 567
BULLOCH COUNTY Commissioner districts; reapportion .................................................................... HB 1799 Education districts; reapportion ........................................................................... HB 1495
BURKE COUNTY Board of commissioners; election districts ............................................................. SB 512 Board of education; election districts .................................................................... SB 514 Commissioner districts; reapportion .................................................................... HB 1347 Education districts; reapportion ........................................................................... HB 1524
BUSINESS AND OCCUPATION TAX Excessive regulatory fees; remedies ...................................................................... HB 878 Food sales establishments; post business licenses; milk standards ..................... HB 1086 Geo. L. Smith II World Congress Center; rename as Geo. L. Smith II American Heroes Center........................................................ HB 1047 Hotel-motel tax; failure to pay; criminal penalties .............................................. HB 1564 Hotel-motel tax; levy provisions; occupation taxes; excessive regulatory fees .. HB 1519 Privatization of public rest stops; Cobb County ..................................................... SB 305
BUTTS COUNTY Commissioner districts; reapportion .................................................................... HB 1159 Education districts; reapportion ........................................................................... HB 1152 Grant easement........................................................................................................ SR 575
BYRD M. BRUCE INTERCHANGE; designate.................................................. HR 793
C
CALHOUN COUNTY; commissioner districts; reapportion ................................HB 1746
CAMDEN COUNTY; commissioners and officers; amend provisions.................HB 1532
Refer to numerical index for page numbers
4912
INDEX
CAMPAIGN AND FINANCIAL DISCLOSURE Campaign contributions; judicial candidates; certain prohibition ........................HB 1103 Campaign contributions; transfers; certain prohibition.........................................HB 1051 Financial Disclosure Reform Act of 2002; enact.................................................... SB 285
CANAL COMPANIES Eminent domain or condemnation; public utilities or services; local government approval ..................................................................HB 1273
CANCER PATIENTS Cancer Care Trust Fund; authorize creation - CA ..................................................HR 904 Cancer Care Trust Fund; create.............................................................................HB 1139
CANDIDATES Campaign contributions; judicial candidates; certain prohibition ........................HB 1103 Campaign contributions; transfers; certain prohibition.........................................HB 1051 County boards of elections and registration; creation............................................... SB 32 Elections and primaries; amend provisions...........................................................HB 1213 Elections; nomination of candidates by petition; number of signers required......HB 1305 Elections; political party primaries; procedures....................................................HB 1554 Elections; uniform system of direct recording electronic voting equipment; provisions ............................................................................... SB 414 Financial Disclosure Reform Act of 2002; enact.................................................... SB 285 Polling places; elections; prohibit voice amplification devices ............................HB 1092 Tax defaulter; ineligible to hold public office - CA................................................HR 126 Voter Choice and Election Access Reform Act of 2001; enact..............................HB 814
CANDLER COUNTY Commissioner districts; reapportion ....................................................................... SB 542 Education districts; reapportion ............................................................................HB 1358
CANTON, CITY OF; Canton Building Authority; create.....................................HB 1453
CARROLL COUNTY Board of commissioners; reconstitute election districts.......................................... SB 404 Board of education; reconstitute election districts .................................................. SB 403 West Georgia Regional Water Authority; remove Douglas County as member ...............................................................................HB 1542
CARTERSVILLE, CITY OF Joint Cartersville-Bartow County Regional Industrial Development Authority; create ............................................................................ SB 551
Refer to numerical index for page numbers
INDEX
4913
CATOOSA COUNTY Commissioner districts; reapportion .....................................................................HB 1776 Office of commissioner; create; repeal certain Act...............................................HB 1263 Probate court clerk; clerical allowance .................................................................HB 1458 Tax commissioner; increase clerical allowance ....................................................HB 1550
CEMETERIES Veterans cemeteries; operation by Department of Veterans Service; Georgia Veterans Memorial Cemetery .................................................. SB 460
CENTERVILLE, CITY OF; corporate limits.......................................................HB 1631
CERTIFICATE OF TITLE (See Motor Vehicles and Traffic)
CERTIFIED CAPITAL COMPANIES Income tax credits; historic structures; insurance premium tax credits; certified capital companies; sales tax exemption; certain computer equipment ...............................................................................HB 1441 Insurance premium tax credits; certified capital companies; provisions ..............HB 1440
CHAMBLEE, CITY OF; council districts; reapportion........................................HB 1639
CHAPLAINS, HOUSE OF REPRESENTATIVES Adams, Reverend Bill .......................................................................................... Page 874 Beavers, Dr. Robert L. "Jackie"......................................................................... Page 4376 Bozeman, Reverend D. Kirk .................................................................................. Page 29 Britton, Reverend Richard C., Jr. ...................................................................... Page 1419 Carson, Reverend Dr. Arthur, Jr. ...................................................................... Page 1043 Cheek, Dr. Randy M. .......................................................................................... Page 827 Clark, Reverend Meg Jackson................................................................................ Page 40 Cope, Dr. Oscar T. .............................................................................................. Page 998 Croom, Dr. Sharon Adams................................................................................. Page 1989 Crump-Howard, Reverend Nita ........................................................................... Page 502 Danner, Reverend Mollie ................................................................................... Page 2256 Dillard, Dr. George............................................................................................... Page 217 Drake, Reverend Theodus .................................................................................... Page 185 Duckworth, Bishop Clifford................................................................................. Page 267 Faircloth, Reverend James L. ............................................................................ Page 1121 Gray, Reverend Terence Renard .......................................................................... Page 331 Hardin, Bishop W. Wes........................................................................................ Page 456 Haun, Dr. H. Dean................................................................................................ Page 938
Refer to numerical index for page numbers
4914
INDEX
Jenkins, Representative Curtis S. ...................................................................... Page 3463 Johnson, Reverend Roi T. ................................................................................... Page 601 Lee, Reverend Eric W., Sr. .................................................................................... Page 85 Leverette, Reverend Marsha .............................................................................. Page 2398 Lewis, Dr. Thomas G. ......................................................................................... Page 420 Lowry, Dr. James H. Jr. .................................................................................... Page 2724 Martin, Dr. Ben C. ............................................................................................. Page 1744 Massey, Dr. Robert W. ...................................................................................... Page 2690 Melson, Reverend Robert L., Sr. ....................................................................... Page 3167 Odum, Reverend Matthew M., Sr. ...................................................................... Page 527 Palmer, Dr. Harvey J., III ................................................................................... Page 2896 Parker, Reverend Herman ...................................................................................... Page 14 Powell, Reverend Arthur L. .............................................................................. Page 2783 Roberts, Reverend Dr. Joseph L., Jr. ................................................................... Page 560 Smith, Reverend Craig ......................................................................................... Page 143 Stokes, Reverend Steve W. ............................................................................... Page 1276 Tripp, Dr. Marcus V. ........................................................................................... Page 286 Weimer, Dr. D. Scott.......................................................................................... Page 1172 Wilkes, Dr. Phil .................................................................................................... Page 121 Wood, Reverend Steve......................................................................................... Page 648 Yarborough, Reverend David ............................................................................ Page 1621 Youssef, Dr. Michael ........................................................................................... Page 383
CHARITIES State government; administer federal faith-based programs.................................HB 1407 Used motor vehicle dealers; redefine; exclude certain organizations...................HB 1178
CHATHAM COUNTY Chatham County and City of Savannah; homestead exemption; certain residents...............................................................................HB 1731 Board of commissioners; election districts ............................................................. SB 565 Commissioner districts; reapportion .....................................................................HB 1307 Convey property....................................................................................................HR 1287 Convey property...................................................................................................... SR 854 Fall Line Freeway and Savannah River Parkway; support early completion .........HR 600 Governing authority; filling of vacancies ............................................................... SB 434 Savannah-Chatham County; board of education; election districts ....................... SB 562 Savannah-Chatham County Charter and Unification Commission; create...........HB 1843 Savannah-Chatham County Governmental Consolidation Study Committee; commend ................................................................................HR 871
Refer to numerical index for page numbers
INDEX
4915
Savannah-Chatham County Governmental Consolidation Study Committee; commend ..............................................................................HR 1690
Savannah, City of and Chatham County; education districts; reapportion ...........HB 1301
CHATTOOGA COUNTY; education districts; reapportion .................................HB 1662
CHECKS (See Banking and Finance or Financial Institutions)
CHEROKEE COUNTY Board of education; compensation........................................................................HB 1792 Certain judicial officials; salary ............................................................................HB 1791 Cherokee Judicial Circuit; judges and district attorney; supplement....................HB 1612 Commissioner districts; reapportion .....................................................................HB 1793 Education districts; reapportion ............................................................................HB 1794 Homestead exemption ...........................................................................................HB 1795
CHEROKEE JUDICIAL CIRCUIT Judges and district attorney; supplement ..............................................................HB 1612
CHESLEY V. MORTON INTERCHANGE; designate......................................HR 1285
CHILD ABUSE Access to records by child-caring and child-placing agencies..............................HB 1210 Cruelty to children in second degree; add nonmerger provision ..........................HB 1062
CHILD CUSTODY (Also, see Domestic Relations or Parent and Child) Child custody or protective services employees; disclosure of personal information ......................................................................................HB 1160 Family violence intervention programs; operation and certification ...................... SB 467 Grandparent visitation; petition; filing; fees .........................................................HB 1094 Joint physical custody; court designates custodial parent.....................................HB 1039 Parent and child; establishing paternity; legitimation...........................................HB 1172
CHILD SUPPORT (See Alimony and Child Support)
CHILDREN AND YOUTH, DEPARTMENT OF (See Minors)
CHIROPRACTORS Define diagnosis; licensing requirements .............................................................HB 1199 Evidence; medical bills pertaining to civil trial; identification.............................HB 1238 Health care practitioners; credentialing data; centralized collection ......................HB 356
Refer to numerical index for page numbers
4916
INDEX
Medical patient records; privacy regulations; release and handling; subpoenas; liability........................................................................ SB 210
CIGARS AND CIGARETTES Food service establishments; refusal to serve certain persons in smoking section.................................................................................HB 1533 Tax stamps on cigarettes; additional requirements ...............................................HB 1606 Tax stamps on cigarettes; additional requirements ...............................................HB 1621
CITY COURTS (See Courts or Municipalities)
CIVIL PRACTICE Appellate review; criminal cases; judgments, rulings, decisions, motions; summary judgments; jurisdiction ........................................ SB 393 Civil actions in state courts; monetary limit; jury of 12 .......................................HB 1575 Civil actions; mediation requirement ....................................................................HB 1005 Civil cases; pretrial order; additional witnesses....................................................HB 1116 Civil cases; service of process in foreign countries; pretrial orders; additional expert witnesses....................................................................... SB 346 Court cases; grounds for continuance; General Assembly members and staff during legislative sessions ...................................................HB 1320 Foreclosure; petition for writ of possession; filing affidavit.................................HB 1774 Habeas corpus; persons under sentence; filing petitions; statute of limitations; interstate transfer of prisoners .......................................... SB 206 Judgments; binding effect; change provisions ......................................................HB 1581 Medical patient records; privacy regulations; release and handling; subpoenas; liability........................................................................ SB 210 Summons; service by private detectives ...............................................................HB 1065 Uniform Fraudulent Transfers Act; enact .................................................................HB 84
CLARKE COUNTY Athens-Clarke County; board of education; reapportion ......................................HB 1396 Athens-Clarke County; board of elections and registration..................................HB 1055 Athens-Clarke County; commission districts; reapportion...................................HB 1118 Athens-Clarke County; legislative power of mayor; clarification ........................HB 1053 Athens-Clarke County; school system; superintendent's authority......................HB 1183 Classic Center Authority for Clarke County; additional purposes .......................HB 1743 Homestead exemption; certain residents...............................................................HB 1719
CLAY COUNTY Commissioner districts; reapportion .....................................................................HB 1019
Refer to numerical index for page numbers
INDEX
4917
Education districts; reapportion ............................................................................HB 1015 Magistrate court; law library fees..........................................................................HB 1114
CLAYTON COUNTY; board of commissioners; reapportion ..............................HB 1625
CLERKS, SUPERIOR COURT Additional compensation for certain duties ............................................................ SB 534 Certain counties; superior court clerk; repeal Act providing additional compensation.....................................................................................HB 1421 Courts; criminal case data; electronic transmission ................................................HB 948 Fees; repeal certain sunset provisions ...................................................................HB 1104 Recording liens, deeds, and other documents; revise provisions..........................HB 1582 Retirement; discretionary benefit increase..............................................................HB 975
CLINICAL LABORATORIES Medical examiners; authority to subpoena records; autopsy photographs; exempt from public disclosure ....................................................... SB 110 Minors; person in loco parentis; revise laws.........................................................HB 1323
C. LLOYD SMITH PARKWAY; designate.............................................................HR 99
COBB COUNTY Ad valorem tax payments; population and census application ............................... SB 405 Board of commissioners; compensation ...............................................................HB 1638 Certain sheriff's employees; compensation ..........................................................HB 1341 Chief magistrate; compensation ............................................................................HB 1249 Cobb County-Marietta Water Authority; repeal certain provisions......................HB 1541 Cobb Judicial Circuit; superior court judges; supplement ....................................HB 1459 Commissioner districts; reapportion .....................................................................HB 1141 Convey property...................................................................................................... SR 574 Education districts; reapportion ............................................................................HB 1229 Grant easement ........................................................................................................ SR 575 Juvenile court judges; compensation ....................................................................HB 1736 Privatization of public rest stops; Cobb County ..................................................... SB 305 Probate court judge and clerk; compensation .......................................................HB 1371 Redevelopment powers; referendum.....................................................................HB 1805 South Cobb Development Authority; membership...............................................HB 1804 State court assistant solicitors; compensation .......................................................HB 1370 State court clerk and chief deputy; compensation.................................................HB 1233 State court clerk and chief deputy; compensation.................................................HB 1598 State court judges; compensation..........................................................................HB 1281
Refer to numerical index for page numbers
4918
INDEX
Superior court deputy clerk; compensation...........................................................HB 1340 Tax commissioner and chief clerk; salary.............................................................HB 1609 Tax commissioner and employees; compensation................................................HB 1842
COBB JUDICIAL CIRCUIT; superior court judges; supplement .......................HB 1459
COCHRAN, CITY OF; corporate limits ...............................................................HB 1820
CODE OF GEORGIA Code corrections......................................................................................................HB 996 Laws and provisions; classification by population; revise....................................HB 1489 Public Revenue Code; conform to federal law .....................................................HB 1026 Retirement and Pensions Code; corrections..........................................................HB 1101
COFFEE COUNTY; board of education; compensation.......................................HB 1676
COLBERT, CITY OF; homestead exemption ......................................................HB 1552
COLLEGES Animal and Dairy Science Complex, University of Georgia; urge name honoring Edgar L. Rhodes..................................................................HR 909 Children of certain deceased law enforcement officers; urge free college tuition......................................................................................HR 1538 Colleges; certain foreign students; report to Immigration and Naturalization Service .................................................................................HB 1231 Colleges; secondary enrollment for credit; grant account; amend........................HB 1557 Deborah Green Jackson estate; gift to Southwestern College in 1948; urge recognition and plaque .................................................................HR 1457 Department of Defense and Georgia Military College; contract provisions ........HB 1620 HOPE scholarships; eligibility; certain private school graduates .........................HB 1522 HOPE scholarships; eligibility; undocumented immigrants .................................HB 1810 HOPE scholarships; prorated awards for part-time disabled Students attending private institutions ................................................................. SB 367 House Collegiate Athletic Association Disciplinary Study Committee; create...............................................................................................HR 1328 House Student Financial Planning Study Committee; create ...............................HR 1652 Income tax and Higher Education Savings Plan; amend provisions ....................HB 1328 Income tax and Higher Education Savings Plan; amend provisions ....................HB 1434 LRE Day at the State Capitol; recognize 1-29-02...................................................HR 852 North Georgia College; award of abandoned military scholarships .....................HB 1205 Postsecondary and adult education; textbooks in alternative formats ..................HB 1342 Sales tax; exempt required textbooks; postsecondary schools..............................HB 1076
Refer to numerical index for page numbers
INDEX
4919
Torts; certain medical training programs; immunity ..............................................HB 954 Torts; right of action; sexual harassment against student .....................................HB 1809
COLQUITT COUNTY Commissioner districts; reapportion .....................................................................HB 1545 Commissioner districts; reapportion .....................................................................HB 1602 Education districts; reapportion ............................................................................HB 1536 Education districts; reapportion ............................................................................HB 1601 Joint Recreation Authority of Brooks, Colquitt, Grady, Mitchell and Thomas Counties; create................................................................. SB 563
COLQUITT, CITY OF; amend provisions ...........................................................HB 1831
COLUMBIA COUNTY Board of commissioners; elections; terms; powers; duties ..................................... SB 431 Board of commissioners; reapportion election districts.......................................... SB 429 Board of education; election districts...................................................................... SB 430 Homestead exemption; certain residents...............................................................HB 1735
COLUMBUS, CITY OF Columbus county-wide government; council districts; reapportion .....................HB 1663
COMER, CITY OF; new charter ...........................................................................HB 1727
COMMENDATIONS Adams, Bradley; commend ...................................................................................HR 1498 Adams, Brandon; commend..................................................................................HR 1510 Adams, Ray A.; commend ....................................................................................HR 1202 Africa Day at the Capitol; recognize February 27, 2002 ......................................HR 1232 African American Business Enterprise Day; proclaim February 5, 2002; invite certain members to House ............................................HR 988 African American Railroader Month; recognize February, 2002 .........................HR 1275 Agnes Scott College; commend ............................................................................HR 1331 AIDS Awareness Day at the capitol; recognize April 9, 2002 .............................HR 1606 Albany-Dougherty County Day; recognize January 29, 2002; invite officials to House .......................................................................................HR 841 Alford, Beth; commend...........................................................................................HR 999 All-Southern Crescent 2002 Boys Basketball Team; commend...........................HR 1684 All-Southern Crescent 2002 Girls Basketball Team; commend ...........................HR 1683 Alligood, Dustin Chad; commend.........................................................................HR 1165
Refer to numerical index for page numbers
4920
INDEX
Alpha Kappa Alpha Day; recognize February 18, 2002; invite regional director to House ..........................................................................HR 907
American Association of University Women of Georgia; commend ...................HR 1437 Anderson, Bill; invite to House...............................................................................HR 977 Anderson, Elder Ronald B. and First Lady Tia M.; commend .............................HR 1098 Anderson, Gerald Von "Jerry", Jr.; commend ......................................................HR 1342 Anderson, Jeanie; Ms Georgia Senior 2001; invite to House .................................HR 847 Anderson, Sally; 4-H honoree; commend ...............................................................HR 884 Antioch Baptist Church North; commend.............................................................HR 1133 Antioch Lithonia Missionary Baptist Church; commend .....................................HR 1758 A+ for Clayton County Schools Foundation; commend.......................................HR 1747 AquaSouth Construction, Inc.; commend ...............................................................HR 874 Armstrong Atlantic State University; commend...................................................HR 1426 Ashburn, David; commend ...................................................................................HR 1551 Athens Academy; commend .................................................................................HR 1103 Athon, Rachel; commend......................................................................................HR 1235 Atlanta Beat soccer team; commend.....................................................................HR 1647 Atlanta Beat; invite to House ..................................................................................HR 807 Atlanta Justice Women's Professional Basketball Team; commend....................HR 1051 Atlanta University Day; recognize........................................................................HR 1400 Auditory-Verbal Center of Atlanta; commend .....................................................HR 1127 Augusta State University men's basketball team; commend................................HR 1633 Bacon, Patty as Mrs. Smyrna; commend ..............................................................HR 1155 Bailey, Hugh C.; Valdosta State University President; commend..........................HR 868 Baker, Jessica; commend ......................................................................................HR 1264 Baldwin, Buren; commend....................................................................................HR 1560 Baldy, Elton; 4-H honoree; commend ....................................................................HR 889 Ballastone Inn; commend........................................................................................HR 873 Bankhead, John; Director of Public Affairs of the Georgia
Bureau of Investigation; commend ....................................................................HR 1660 Barker, Harry; commend.........................................................................................HR 877 Barrett, Audrey Lee; invite to House ....................................................................HR 1140 Barrett, Dorothy "Dot" H.; commend ...................................................................HR 1119 Baswell, Adam Wade; commend ..........................................................................HR 1763 Bates, Demetrius; invite to House.........................................................................HR 1046 Bates, Jackie; commend ........................................................................................HR 1067 Bates, William M.; commend ...............................................................................HR 1648 Baugh, Mary Downer; commend ..........................................................................HR 1240 Beasley, G. Duke; commend...................................................................................HR 963 Beck, Jim C.; commend ........................................................................................HR 1604 Bel-Arbor Nursing Center; commend .....................................................................HR 971
Refer to numerical index for page numbers
INDEX
4921
Bella's Pizzeria of Smyrna, Georgia; commend ...................................................HR 1746 Bell, Carolyn Hodges; commend ..........................................................................HR 1644 Bell, Charles Turner; commend ............................................................................HR 1629 Benefield, Captain Butch; commend ....................................................................HR 1730 Benson, Christopher; commend ............................................................................HR 1501 Berry College; invite President Scott Colley to House...........................................HR 844 Bicycle lanes throughout the state; urge Department of Transportation create....HR 1116 Bittle, Freda Pate; commend ...................................................................................HR 864 Black, Henry S., II; commend.................................................................................HR 880 Black, Thomas O.; commend................................................................................HR 1346 Blackshear High School FFA String Band; commend;
S. V. Lee, Gene Davis, and Tony Cason; invite to House .................................HR 1611 Bland, Joe as Mr. Smyrna; commend ...................................................................HR 1154 Blank, Arthur M.; commend .................................................................................HR 1356 Bleckley County High School cheerleading squad and coaches; commend ........HR 1093 Bleckley County High School cheerleading squad and
coaches; invite to House.....................................................................................HR 1377 Blue Ridge Rifles and Color Guard of North Georgia
College and State University; 2002 precision military drill team national champions; commend ..........................................................HR 1306 Boatright, Phillip, Jr.; commend ...........................................................................HR 1259 Bonner, Dusty; commend........................................................................................HR 869 Bostic, Norman; commend....................................................................................HR 1253 Bowen, Rebecca Proctor; commend .....................................................................HR 1336 Brannen, Monica L.; commend.............................................................................HR 1442 Brannen, Thomas Jesse; commend .......................................................................HR 1317 Brantley, Elijah; commend....................................................................................HR 1246 Braswell, Michelle; commend...............................................................................HR 1470 Braun, Carol Moseley; commend..........................................................................HR 1425 Briarlake Elementary School; commend ................................................................HR 967 Brisbane Institute at Morehouse College; commend ............................................HR 1755 Brissey, Sue; commend .........................................................................................HR 1736 Broadrick, Kevin; commend ...................................................................................HR 915 Brooks, Superintendent Richard C.; commend.....................................................HR 1462 Brown, Carlton E.; commend................................................................................HR 1646 Brown, Gabe; commend........................................................................................HR 1500 Brown, Retha Hollis; commend ............................................................................HR 1627 Brown, Sharon Denise; commend.........................................................................HR 1153 Brown, Sharon; commend.......................................................................................HR 829 Brown, Trent; commend .........................................................................................HR 993 Bruce, Honorable Byrd Martin; commend............................................................HR 1298 Bullock, Gary M.; commend.................................................................................HR 1200
Refer to numerical index for page numbers
4922
INDEX
Burd, Dr. John S., President of Brenau University; commend .............................HR 1531 Burkhead, Kymberly; Senior Girl Scout; commend .............................................HR 1243 Burns, Rochelle; commend ...................................................................................HR 1614 Burr, Shane; commend............................................................................................HR 824 Butts, Kimberly; commend .....................................................................................HR 998 Buxton, Mary Jo; commend ..................................................................................HR 1252 Byrd, Rick; commend ...........................................................................................HR 1663 Cabe, Stephen; commend......................................................................................HR 1394 Cagle, Bernese; commend.....................................................................................HR 1722 Calhoun, Charlene; commend ...............................................................................HR 1257 Cameron, Earlene; commend ................................................................................HR 1429 Campbell High School Academic Bowl Team; commend ...................................HR 1734 Campbell, Vivian Yates; commend on 88th birthday...........................................HR 1464 Cannon, William S. "Bill" V; invite to House ........................................................HR 951 Carbone, Kevin; commend......................................................................................HR 944 Carnes, Helen; commend ......................................................................................HR 1017 Carpenter, Christopher A. P.; commend ...............................................................HR 1761 Carter, Bishop C. L., Sr.; commend ......................................................................HR 1477 Carter, Don; commend ..........................................................................................HR 1496 Cason, Kimberly Keith; commend........................................................................HR 1436 Center for Puppetry Arts; commend .....................................................................HR 1102 Certain Walker County and state officials; invite to House..................................HR 1592 Child Abuse Prevention Day; recognize February 13, 2002 at the capitol...........HR 1094 Children's Advocacy Center Day; recognize February 25, 2002 at the capitol ...HR 1158 Chiropractic Appreciation Day in Georgia; recognize February 26, 2002 ...........HR 1231 Clayton County's STAR Students and Teachers; commend ................................HR 1427 Clayton, W. Randall "Randy"; commend .............................................................HR 1201 Clergy Day at the Georgia State Capitol; recognize .............................................HR 1357 Cline, Marguerite T.; commend ..............................................................................HR 814 Coachman, Alice; commend .................................................................................HR 1568 Cobb Family Resources Day; recognize at state capitol.......................................HR 1515 Cole, Dr. Thomas W., Jr.; commend.....................................................................HR 1409 Coleman, Rick; commend .....................................................................................HR 1031 Collins Hill High School girls basketball team; commend...................................HR 1583 Collins Hill High School Wrestling Team and Coach
Cliff Ramos; commend ......................................................................................HR 1506 Collins Hill High School Wrestling Team and Coach
Cliff Ramos; invite to House..............................................................................HR 1494 Columbus Water Works; 100th anniversary; commend .......................................HR 1234 Commerce High School Competitive Cheerleaders; invite to House...................HR 1220 Complementary/Alternative Medical Association; commend..............................HR 1362 Cook, Barbara Jo; invite to House ........................................................................HR 1072
Refer to numerical index for page numbers
INDEX
4923
Cooley, Jan; commend ..........................................................................................HR 1347 Cordele-Crisp County Fish Fry; invite cooking team to House..............................HR 980 Covey, Cecile; commend ......................................................................................HR 1001 Covey, Cecile; commend ......................................................................................HR 1476 Craft, William Frank; commend ...........................................................................HR 1244 Crestwood Nursing Home; commend ...................................................................HR 1056 Crisp Academy Varsity Football Team; invite to House ......................................HR 1036 Cross Keys High School Indians boys basketball team;
invite the coach and team to House....................................................................HR 1459 Crumbliss, James Reed; commend .......................................................................HR 1130 Cuba; lift sanctions and normalize trade relations; urge Congress .......................HR 1110 Culloden Highland Games and Scottish Festival; invite
city officials and certain members to House ......................................................HR 1488 Curry, Nikki; commend.........................................................................................HR 1101 Dalton High School Catamounts football team; commend...................................HR 1667 Davenport, Dr. Vivien; commend .........................................................................HR 1718 Davis, Carl and Jene; commend............................................................................HR 1581 Davis, Dorothy and E. J.; commend .....................................................................HR 1315 Davis, Shirley; commend ........................................................................................HR 939 Deal, Wiley; commend..........................................................................................HR 1467 Dearman, O. D.; commend....................................................................................HR 1004 Deborah Green Jackson estate; gift to Southwestern College
in 1948; urge recognition and plaque .................................................................HR 1457 Decatur County-Gilbert H. Gragg Library; commend..........................................HR 1662 DeKalb County; public school teachers awarded certification
by National Board of Professional Teaching Standards; commend...................HR 1205 DeKalb County Teachers of the Year in House District 75; commend................HR 1757 Delta Sigma Theta Day; invite sorority representatives to House ..........................HR 845 Denmark, Dr. Leila Daughtry; commend .............................................................HR 1316 Dent, Marci; commend..........................................................................................HR 1473 Dental Hygienists' Appreciation Day; recognize February 28, 2002;
invite certain dental hygienists to House..............................................................HR 989 Denty, Jamie; commend........................................................................................HR 1434 Dillard Bluegrass & Barbeque Festival; designate as the
"Kansas City Barbeque Society Georgia State Championship" ..........................HR 252 Dixon, Earnest, Jr.; invite to House ........................................................................HR 956 Dixon, Jim; commend .............................................................................................HR 858 Dolvin, Christopher Egan; commend......................................................................HR 920 Dougherty County School System High School/High
Tech Program; invite students and teachers to House........................................HR 1147 Drew, Randy; commend........................................................................................HR 1497 Dudley, City of; commend on its Centennial........................................................HR 1334
Refer to numerical index for page numbers
4924
INDEX
Dynamite Dolls Competition Clogging Team; invite team and coaches to House .........................................................................................HR 1084
Eagle's Landing Christian Academy Wrestling Team; commend........................HR 1297 Eckle, Linda L.; commend ....................................................................................HR 1440 Edge, Johnnie; commend ......................................................................................HR 1262 Effingham County Day; recognize January 29, 2002 .............................................HR 839 Eleanor Torrey West Day; recognize March 2, 2002 ...........................................HR 1212 Elijah Summitt Lodge #309; commend ................................................................HR 1519 Ellis, Colonel George; Georgia State Patrol; commend........................................HR 1659 Ellis, Eugene; commend........................................................................................HR 1210 Elnamala, A.; condolences ....................................................................................HR 1745 Ely, Brian L.; commend ........................................................................................HR 1564 Emergency Medical Services Recognition Day in Georgia;
recognize February 28, 2002 ..............................................................................HR 1207 English, Gus and Mae; commend ...........................................................................HR 970 Esco, James Richard "Dick"; commend .................................................................HR 862 Evans, Jed; 4-H honoree; commend........................................................................HR 886 Ezzard, Martha McElveen; invite to House ..........................................................HR 1384 Fahey, Eddie; commend........................................................................................HR 1466 Falany, Dr. Floyd A.; commend..............................................................................HR 812 Family/Friend Kindness Day; recognize observance February 28, 2002 .............HR 1041 Father/Daughter Valentine Dance, Valdosta; recognize.........................................HR 867 Fielder, Wayne; commend ....................................................................................HR 1368 Finch, Jesse; commend..........................................................................................HR 1134 Firefighters' Recognition Day; observe 30th annual ..............................................HR 961 Fisher, Diane; commend .......................................................................................HR 1060 Flood Town Christmas Community in Murray County; designate.......................HR 1087 Forestry Day at the capitol; recognize January 31, 2002;
invite certain officials to House............................................................................HR 902 Forrest, Vernon; invite to House ...........................................................................HR 1043 Fort Valley Middle School; invite seventh and eighth grade
gifted students to appear before the House ........................................................HR 1218 Foster Youth Day at the capitol; recognize February 7, 2002 ................................HR 955 4-H; recognize 100th anniversary ............................................................................HR 896 Fox, Marjorie; commend.......................................................................................HR 1005 Francis S. Bartow Camp No. 93 of the Sons of Confederate
Veterans; commend ............................................................................................HR 1524 Franklin Aluminum Company, Inc.; commend ....................................................HR 1703 Franklin, District Attorney "Buzz"; commend .....................................................HR 1554 Frazier, Colonel Willie L.; commend ...................................................................HR 1670 Free and Accepted Masons of Georgia and the Order of the
Eastern Star; invite members to House ..............................................................HR 1228
Refer to numerical index for page numbers
INDEX
4925
Freeman, Allen; commend ....................................................................................HR 1704 Freeman, Derek; 4-H honoree; commend ...............................................................HR 925 Freeman, Dr. Arthur; commend ............................................................................HR 1366 Freihaut, Dr. John F.; commend............................................................................HR 1514 Fulton County Youth Legislature; create ................................................................ SR 118 Futrelle, Kathleen Shearouse; commend on 100th birthday .................................HR 1385 GAE Legislative Conference Day; recognize February 25, 2002 ........................HR 1159 Gailey, Head Coach Chan; invite to House ..........................................................HR 1113 Gainesville High School Red Elephants baseball team; invite to House................HR 846 Gammeter, Herman; commend .............................................................................HR 1732 Garrett, Matthew; 4-H honoree; commend .............................................................HR 888 Gendron, Patricia A.; commend............................................................................HR 1344 Gentry, Jenny; commend.......................................................................................HR 1131 Gentry, Mary; commend .......................................................................................HR 1174 George, Brandon Edwards; commend ..................................................................HR 1671 Georgia Agri-Leaders Forum Appreciation Day; observe February 26, 2002 .....HR 1216 Georgia Association of Broadcasters; commend ..................................................HR 1128 Georgia Association of Homes and Services for Children; commend .................HR 1418 Georgia Association of Insurance Women; commend..........................................HR 1329 Georgia Athletic Coaches Association Hall of Fame; express support for...........HR 1417 Georgia College and State University Lady Bobcats
basketball team; commend .................................................................................HR 1596 Georgia Farm Bureau Federation; invite to House .................................................HR 843 Georgia Institute of Technology; commend .........................................................HR 1365 Georgia Job Corps Centers; invite directors and staff to House ...........................HR 1181 Georgia Military College Bulldogs; junior college football team; commend ......HR 1223 Georgia Peach Festival; commend........................................................................HR 1204 Georgia Peanut Producers Association; recognize ...............................................HR 1451 Georgia Recreation and Parks Association; invite representatives to House .........HR 832 Georgia Sports Caucus Day; declare February 7, 2002 ..........................................HR 991 Georgia State University Law School Moot Court Team; invite to House ............HR 947 Georgia Storytelling Week; recognize November 17-23, 2002............................HR 1410 Georgia urban agriculture industry; commend .....................................................HR 1096 Georgia Wilderness Institutes; commend ...............................................................HR 911 Georgia Women's History Month; commend honorees .........................................HR 935 Gibbs, Josh; 4-H honoree; commend ......................................................................HR 890 Gillis, Honorable Hugh Marion; name public fishing area honoring ...................HR 1541 Girls and Women in Sports Day; recognize February 7, 2002;
invite certain athletes to House ............................................................................HR 797 Girl Scout Day in Georgia; recognize February 7, 2002 ........................................HR 972 Girl Scouts; commemorate founding; recognize Troop 68 pages.........................HR 1236 Gladden, Joseph R., Jr.; commend ........................................................................HR 1682
Refer to numerical index for page numbers
4926
INDEX
Glenn, Lee B.; commend.........................................................................................HR 997 Glover, Brant; commend .........................................................................................HR 936 Glynn County Public Schools; Golden Rule Award
Winners, 2001-2002; commend .........................................................................HR 1591 Goel, Amit; commend ...........................................................................................HR 1495 Goggins, Walton; commend..................................................................................HR 1589 Golick, Marshall Thomas; commend ....................................................................HR 1088 Goodman, Gwendolyn P.; commend ....................................................................HR 1641 Goodman, Gwendolyn P.; commend ....................................................................HR 1714 Gordon, Karen Leigh; commend...........................................................................HR 1441 Goss, Anthony; commend .....................................................................................HR 1561 Gottwals, William Kinlock; commend .................................................................HR 1169 Goudreau, Scott and Jim Heck; Marietta firefighters; invite to House.................HR 1381 Governor's Council on Developmental Disabilities Day;
declare February 28, 2002 ..................................................................................HR 1136 Governor's Council on Developmental Disabilities Day;
observe February 28, 2002 .................................................................................HR 1289 Grabrik Baseball Club youth team; commend ......................................................HR 1621 Graham, Debbie; commend...................................................................................HR 1247 Greene, Tranese Marie and Nichole Marie; commend .........................................HR 1445 Greenwell, Grant David Joseph; commend ..........................................................HR 1233 Greer, Karyn; commend........................................................................................HR 1124 Griffeth, Dr. Joe L., Sr.; commend........................................................................HR 1123 Griffin, Brenda James; commend............................................................................HR 962 Griffin, Gail; commend .........................................................................................HR 1618 Griffin, Jennifer Ryan; commend..........................................................................HR 1481 Griffith, Shaun Miles; commend...........................................................................HR 1304 Groome, James H. (Jim); commend......................................................................HR 1274 Guarnere, William J. "Wild Bill"; commend........................................................HR 1061 Guarnere, William J. "Wild Bill"; invite to House ...............................................HR 1045 Gunter, Terri; commend..........................................................................................HR 996 Guyton United Methodist Church Men's Bible Class; commend ........................HR 1341 Haines, Major General Dennis G.; commend .........................................................HR 913 Hall, Alfonzo L.; invite to House..........................................................................HR 1229 Hallford, Dr. James R.; commend.........................................................................HR 1637 Hammond, Bishop Douglas C.; commend............................................................HR 1573 Hammontree, Honorable James Allen; commend ................................................HR 1760 Harris, C. Duane; commend..................................................................................HR 1416 Harris, Elmon Joe; commend ................................................................................HR 1360 Harris, Robert Patrick; commend..........................................................................HR 1391 Hatcher, Chris; Valdosta State University Head Coach; commend........................HR 870 Hayes, Andrew; commend ....................................................................................HR 1513
Refer to numerical index for page numbers
INDEX
4927
Hayes, Andrew; commend ....................................................................................HR 1645 Hayes, Andrew; commend ....................................................................................HR 1719 Hayes, Jack R.; commend .....................................................................................HR 1063 Hays, J. Dixon; commend .....................................................................................HR 1333 Heaton, Scott; commend .......................................................................................HR 1260 Heiskell, Bebe; Walker County Commissioner; commend ..................................HR 1593 Henderson, Keenan; commend .............................................................................HR 1499 Hendon, Laverne; commend .................................................................................HR 1762 Herndon, Cristina; commend ................................................................................HR 1299 Hester, Frances; commend ....................................................................................HR 1002 Hicky, Col. Dan and Hattie Mina; commend..........................................................HR 919 Higgs, Hilary; commend .......................................................................................HR 1254 Hightower, Robert; Commissioner, Department of Public Safety; commend......HR 1653 Hill, Beth; commend .............................................................................................HR 1022 Hill, Brittany; commend........................................................................................HR 1392 Hill, J. C.; commend..............................................................................................HR 1557 Hilley, Irene Benner; commend ............................................................................HR 1386 Hilliard, Valda Catherine; commend ....................................................................HR 1166 Hilsman Middle School; 2002 State Champions of the Academic
Bowl for Middle Grades; invite team, coaches, and principal to House............HR 1141 Hodges, Dr. Coy L.; commend .............................................................................HR 1600 Holder, Dorothy and Albert; commend ................................................................HR 1019 Hollis, Casey; commend .......................................................................................HR 1562 Holloway, Trooper Matt; commend......................................................................HR 1054 Hollowell, Donald Lee; commend ........................................................................HR 1518 Holly Theatre Community Center, Inc.; commend...............................................HR 1575 Holy Redeemer Catholic School's Freedom Shrine; commend .............................HR 945 Horne, Jarrett; commend .......................................................................................HR 1238 Horne, Jarrett; invite to House ..............................................................................HR 1379 Horton, Carmen; commend ...................................................................................HR 1173 Hospital Day at the Capitol; recognize February 18, 2002...................................HR 1023 Howell, Robby; commend.....................................................................................HR 1010 Howser, Robin Ferst, the Madison Book Lady; commend...................................HR 1208 Hughes, Michael H. S.; commend.........................................................................HR 1507 Hummel, Andrew J.; commend.............................................................................HR 1029 Hummel, Greg J.; commend .................................................................................HR 1032 Hunnicutt, Thomas R. (Tommy); commend .........................................................HR 1556 Hunter, Matthew Crow; commend........................................................................HR 1396 Hunter, Mr. and Mrs. Homer; commend...............................................................HR 1025 Hunter, Sherri; commend ......................................................................................HR 1469 Hunter, Vernon "Mutt"; commend........................................................................HR 1608 Hurley, Barry; commend.........................................................................................HR 959
Refer to numerical index for page numbers
4928
INDEX
Hutto, Miss Allison, 2002 Georgia Watermelon Queen; invite to House ............HR 1037 Inglis, Dr. Pete, Jr.; commend...............................................................................HR 1443 International Women's Month and Astrid Y. Pregel; commend ..........................HR 1411 Jackson, Brandon C.; commend............................................................................HR 1030 Jackson, Mickey; commend ..................................................................................HR 1255 Jackson, Rosemary; commend ................................................................................HR 995 Jackson, William S. "Bill", Sr.; commend............................................................HR 1689 James, Ethan; commend........................................................................................HR 1552 Jefferson High School Varsity Wrestling Team; invite team
and coaches to House .........................................................................................HR 1230 Johnson, Ashanti; commend .................................................................................HR 1717 Johnson, Carol Mushett, M.Ed., C.S.W., C.T.R.S.; commend .............................HR 1676 Johnson, Dr. Tobe, Jr.; commend..........................................................................HR 1749 Johnson, Grooms; commend .................................................................................HR 1664 Johnson, Honorable Nedra Tyler; commend ..........................................................HR 918 Johnson, Jartavious and Prince Lewis; invite to House ........................................HR 1486 Johnson, Leslie T.; commend................................................................................HR 1433 Johnson, William Matthew; commend .................................................................HR 1565 Johnston, Emily Jean; commend...........................................................................HR 1631 Joiner, Charles Michael, Jr.; commend .................................................................HR 1626 Jones, Dr. Mack Henry; commend........................................................................HR 1343 Jones, Robbie; 4-H honoree; commend ..................................................................HR 893 Jonesboro High School Mock Trial Team; invite team and coaches to House ....HR 1490 Juvenile Justice Day in Georgia; declare February 28, 2002................................HR 1125 Kagerer, Rudy "Doc"; commend ............................................................................HR 856 Kappa Alpha Psi Fraternity; commend .................................................................HR 1027 Kaufmann, Dr. James A.; condolences .................................................................HR 1743 Keenan, Vernon M.; Assistant Director, Georgia Bureau
of Investigation; commend.................................................................................HR 1654 Keenum, Don and Dr. A. Evan Boddy; commend................................................HR 1577 Keep Smyrna Beautiful, Inc.; commend ...............................................................HR 1733 Keith, Annie; commend ........................................................................................HR 1716 Kellerhals, Beth; invite to House ............................................................................HR 808 Kelly, Coach Dick; Dodge County High School; commend ................................HR 1502 Kerr, Andrew R.; commend ....................................................................................HR 942 Ketchie, Joshua M.; commend ................................................................................HR 916 Kidd, E. Culver "Rusty"; commend......................................................................HR 1203 King, Dr. Martin Luther, Jr.; national memorial in Washington;
express support for construction and urge donation of Georgia granite .............. SR 500 Kirkland, Jama; commend.....................................................................................HR 1065 Kirkland, Jama; invite to House............................................................................HR 1071 Krug, Coley M.; commend....................................................................................HR 1726
Refer to numerical index for page numbers
INDEX
4929
Kyzer, Leslie; commend .......................................................................................HR 1251 Kyzer, Neil; commend ..........................................................................................HR 1245 Lady & Sons; commend..........................................................................................HR 879 Lady Saints Basketball Team of the North Georgia College
and State University; commend .........................................................................HR 1530 LaGrange High School football team; invite to House...........................................HR 833 Lake, Sue; commend .............................................................................................HR 1738 Lakeside High School; Mr. Richard Barbe and Dr. John Carr;
commend; recognize We the People ... Project Citizen .....................................HR 1420 Lakeview Academy boys soccer team; commend ................................................HR 1725 Lamb, Ward; wish speedy recovery......................................................................HR 1744 Lambert, Christa; commend..................................................................................HR 1430 Lancaster, Micah; commend .................................................................................HR 1280 Langford, Sr. Trooper G. H.; invite to House .........................................................HR 830 Larios, Rachel Moriah; commend.........................................................................HR 1668 Lavonia, Georgia; commend mayor, council, municipal staff, and citizens.........HR 1579 Layson, Sheila; commend .....................................................................................HR 1015 Lazari, George; commend .....................................................................................HR 1034 League of Women Voters Day; recognize February 20, 2002................................HR 914 League of Women Voters of Atlanta-Fulton County Day at
the state capitol; recognize January 29, 2002.......................................................HR 854 Ledbetter, Dr. James G., Director, Carl Vinson Institute
of Government; invite to House .........................................................................HR 1219 Ledbetter, Lauren; 4-H honoree; commend ............................................................HR 885 Lee, Reverend E. W.; commend ...........................................................................HR 1206 Lee, Russ; commend ...............................................................................................HR 943 Lemon, J. W.; commend .......................................................................................HR 1242 Lenox, Bob; commend ............................................................................................HR 825 Leverette, Mrs. Eulalie; commend ........................................................................HR 1311 Lewis, Bessy; 4-H honoree; commend ...................................................................HR 891 Local boards of education and Christian Learning Center Boards; commend .......HR 910 Lockwood, Max; commend...................................................................................HR 1635 Loftin, Bill O.; commend ......................................................................................HR 1615 Loftis, Marie; commend........................................................................................HR 1625 Loganville High School girls varsity fastpitch softball team;
invite coaches, players, and the school principal to House................................HR 1115 Lomotey, President Kofi; commend .....................................................................HR 1669 Lowther, Jill; commend.........................................................................................HR 1239 LRE Day at the State Capitol; recognize January 29, 2002....................................HR 852 Lumpkin County Historical Society, Inc.; commend............................................HR 1576 Lung, Marty; commend.........................................................................................HR 1685 Lyons, Betty; commend ........................................................................................HR 1597
Refer to numerical index for page numbers
4930
INDEX
Lyons, Patricia; commend.....................................................................................HR 1691 MacGregor, Elizabeth; commend .........................................................................HR 1399 Macon-Bibb County; 2002 Cherry Blossom Festival;
invite officials to House .....................................................................................HR 1225 Malhotra, Ruth; invite to House............................................................................HR 1380 Manning, Kipp Monroe; commend.......................................................................HR 1439 Mansfield, Honorable Aubrey; commend.............................................................HR 1089 Mantiply, Mary; commend....................................................................................HR 1666 Marriage and families; public policy that strengthens; express support...............HR 1042 Mary Hines Johnson Day; proclaim February 9, 2002 .........................................HR 1064 Massey, James Leroy; commend ..........................................................................HR 1636 Mattison, Faye; commend .....................................................................................HR 1406 Mauldin, A. T.; former State Representative; commend ......................................HR 1759 Mayes, Alva L., Jr., MD; commend......................................................................HR 1338 McClure, Fire Chief Scotty; commend .................................................................HR 1550 McConnell, Gary; Director, Georgia Emergency
Management Agency; commend........................................................................HR 1661 McCoy, Tiffany; 4-H honoree; commend...............................................................HR 892 McCraney, Theresa; commend .............................................................................HR 1397 McKenzie, Terry A.; commend.............................................................................HR 1523 McKenzie, Terry A.; commend.............................................................................HR 1710 McKinnon, Ray; commend ...................................................................................HR 1639 McLendon, Robert; commend...............................................................................HR 1448 McMillan, Jesse; commend...................................................................................HR 1359 McNeely, Walter Boone; certain contributions; urge
Department of Natural Resources recognize......................................................HR 1487 McRae Manor Nursing Home; commend .............................................................HR 1049 McWilliams, Dennis; commend............................................................................HR 1011 Meadows, Lori; commend.....................................................................................HR 1748 Meeks, Mitchell; commend...................................................................................HR 1263 "Mike" Company of the Third Battalion, Seventh
Marine Division; commend................................................................................HR 1480 Miller, Barbara; commend ....................................................................................HR 1256 Miller, Joshua; commend ......................................................................................HR 1059 Miller, Michael; Lake Oconee DUI and Defensive
Driving Institute; commend................................................................................HR 1603 Mills, Patricia Yale; commend..............................................................................HR 1066 Milton, Edward V.; commend.................................................................................HR 828 Model High School's centennial celebration; recognize ......................................HR 1404 Montezuma Healthcare Center; commend............................................................HR 1050 Moody, Beverly; commend...................................................................................HR 1363 Moody, Daphne Wall and Laurence Floyd; commend .........................................HR 1120
Refer to numerical index for page numbers
INDEX
4931
Moore, Dr. J. Michael; commend ...........................................................................HR 855 Moore, Honorable Thelma Wyatt Cummings; commend.....................................HR 1092 Moore, Larry; commend .........................................................................................HR 994 Moore, William "Bill"; commend.........................................................................HR 1700 Moreland, Laura L., Miss Savannah 2002; invite to House .................................HR 1535 Moreland, Regina; commend ................................................................................HR 1016 Morningside Baptist Church Wild Game Supper; commend ...............................HR 1677 Motorcycle Awareness and You Month; recognize May, 2002 ...........................HR 1048 Motorola, Inc.; commend ......................................................................................HR 1711 Mt. Zion, City of; commend on 150th anniversary...............................................HR 1638 Mull, Casey; 4-H honoree; commend .....................................................................HR 898 Munro, Hillary; 4-H honoree; commend ................................................................HR 894 Murphy, Honorable Thomas B., Speaker of the House; commend ......................HR 1176 Murphy, Jaquetta; commend ...................................................................................HR 819 MUST Ministries; commend.................................................................................HR 1741 Napier, Kit; invite to House ....................................................................................HR 953 National Nutrition Month in Georgia; designate March, 2002 .............................HR 1224 Nationwide Civic Action Program; commend........................................................HR 927 Navy League of the United States; commend.......................................................HR 1276 Neal, Sandra Chance; commend .............................................................................HR 820 Nelson, Louella; commend ...................................................................................HR 1007 New York Shields Pipes and Drums Band; commend..........................................HR 1369 New, Rabbi Yossi and Mrs. Dassie; commend.......................................................HR 816 Newberry, Matt; 4-H honoree; commend ...............................................................HR 900 Newsom, Donald; commend .................................................................................HR 1157 Newton, Dr. Su Hua; commend ............................................................................HR 1630 Nix, Milton E. "Buddy", Jr.; Director, Georgia Bureau
of Investigation; commend.................................................................................HR 1655 Norris, Dantwan; commend ..................................................................................HR 1468 North Cobb High School "Warrior" Marching Band; commend .........................HR 1332 North Georgia College and State University's Corps of Cadets; commend.........HR 1302 North Springs High School Music Department; commend ..................................HR 1164 Northeast High School Girls Basketball Team and coaches; invite to House ......HR 1378 Northside High School Eagles football team; commend ........................................HR 840 Nowicki, Christopher; 4-H honoree; commend ......................................................HR 895 O'Neal, Lucy Mattox; commend ............................................................................HR 931 Oak Grove Elementary School; commend..............................................................HR 968 Oberry, Don; commend.........................................................................................HR 1268 Oglesby, Darrell M.; commend.............................................................................HR 1008 Ormes, Betty; commend........................................................................................HR 1438 Orr, William Brinson; commend...........................................................................HR 1126 Overton, Barbara; commend .................................................................................HR 1013
Refer to numerical index for page numbers
4932
INDEX
Owen, C. Ann Perry; commend ............................................................................HR 1455 Painter, Gavin Scott; commend.............................................................................HR 1172 Paris, H. D. "Dick"; commend..............................................................................HR 1340 Parker, Jewell; commend ........................................................................................HR 930 Parks, Bernie; commend .......................................................................................HR 1527 Parkview High School Boys Swim and Diving Team; commend ........................HR 1375 Parkview High School Boys Swim and Diving Team; invite to House ...............HR 1461 Parkview High School Panthers football team; commend......................................HR 881 Parkview High School Panthers football team; invite
coaches and players to House...............................................................................HR 835 Parsons, William; commend .................................................................................HR 1735 Partnership for Health and Accountability; commend..........................................HR 1403 Patch, Ruth; commend ..........................................................................................HR 1364 Pearson, Janet; commend ......................................................................................HR 1003 Pelletier, Kandice; commend ................................................................................HR 1214 Pelote, Honorable Dorothy B.; commend .............................................................HR 1352 Pelote, Honorable Dorothy; commend..................................................................HR 1569 Petrus Pervious Paving; commend..........................................................................HR 876 Pfizer, Inc., Life Share Card Program; commend...................................................HR 826 Pharmacia Corporation of Peapack, New Jersey; commend ................................HR 1619 Phelps, Lou; commend............................................................................................HR 872 Phi Mu Fraternity; recognize 150th anniversary...................................................HR 1407 Phillips, Jimmy; commend....................................................................................HR 1521 Phillips, Jimmy; invite to House ...........................................................................HR 1491 Phillips, Rev. James Carroll; commend ................................................................HR 1582 Pike, Frank; commend...........................................................................................HR 1602 Police Chiefs and Heads of Law Enforcement Agencies
Recognition Day; declare February 27, 2002.....................................................HR 1270 Portch, Dr. Stephen R.; Chancellor, University System of
Georgia; invite to House.....................................................................................HR 1179 Power Team and Dr. Scot Cressman, Shawn Harper, Marc
Wilkes, and Greg Lewis; commend ...................................................................HR 1529 Presbytery of Greater Atlanta; invite to House .......................................................HR 842 Preston, Dr. and Mrs. John; invite to House .........................................................HR 1107 Price, Reverend Perry; commend..........................................................................HR 1335 Principals' Collaboratives of Houston County; commend......................................HR 924 Professional Association of Georgia Educators Day; recognize
"PAGE Day on Capitol Hill" February 12, 2002; invite officers to House.......HR 1026 Pullen, Terron; commend......................................................................................HR 1474 Purcell, Dr. Luann; commend ...............................................................................HR 1702 Purcell, Teresa Diane; commend ..........................................................................HR 1432 Putnam County High School FFA dairy judging team; invite to House ..............HR 1044
Refer to numerical index for page numbers
INDEX
4933
Pye, Paula; commend ............................................................................................HR 1435 Rackley, Joshua Alan; commend ..........................................................................HR 1171 Read Across America campaign; endorse.............................................................HR 1282 Reapportionment Office; commend staff..............................................................HR 1731 Reese, Charles; commend .....................................................................................HR 1006 Reid, Barry W.; commend.....................................................................................HR 1673 Reid, John; commend............................................................................................HR 1014 ReMax Savannah; commend...................................................................................HR 875 Republic of China on Taiwan; commend .............................................................HR 1121 Riddle, Rosetta; commend ......................................................................................HR 815 Ridley Community in Murray County; designate...................................................HR 981 Ringgold High School Wrestling Team; commend ..............................................HR 1278 Ringling Bros. and Barnum & Bailey; recognize as America's
Living National Treasure....................................................................................HR 1090 Riverside Middle School; commend .....................................................................HR 1617 Riverwood High School Lady Raiders volleyball team and
coach Leigh Hudson; Class AAA state champions; commend..........................HR 1152 Roach, Christopher, Dr. Roger C. (Bo) Ryles, and Dr. Gale A.
Buchanan; invite to House ...................................................................................HR 834 Roach, Christopher; 4-H honoree; commend..........................................................HR 883 Roberts, Jesse; commend ......................................................................................HR 1503 Roberts, Pastor Tony D.; commend ......................................................................HR 1616 Robertson, Pat; commend .....................................................................................HR 1688 Rockdale County 2002 Teachers of the Year; commend......................................HR 1756 Rockmart High School Wrestling Team and Coach Kelly
McDurmon; commend .......................................................................................HR 1312 Roffman, Allan; commend....................................................................................HR 1047 Rogers, Honorable W. David; commend ................................................................HR 813 Romine, Ted O.; commend ...................................................................................HR 1512 Ronald Reagan Day; recognize February 6, 2002 ..................................................HR 933 Roper, William B. Jr.; commend.............................................................................HR 917 Roper, William B., Jr.; invite to House.................................................................HR 1310 Rosbach, Kelsey; commend ..................................................................................HR 1572 Rossman, Laura Marie; commend ........................................................................HR 1632 Rowan, Dr. Ed; commend .....................................................................................HR 1167 Rowland, Joey; commend .....................................................................................HR 1267 Rural Health Day; designate February 14, 2002...................................................HR 1068 Sadie G. Mays Health and Rehab Center; commend..............................................HR 992 Saint Luke Missionary Baptist Church; commend on 100th anniversary.............HR 1484 Sajwan, Professor Kenneth; commend .................................................................HR 1642 Saltamacchio, Ray; commend ...............................................................................HR 1398 Salter, Alex; commend..........................................................................................HR 1643
Refer to numerical index for page numbers
4934
INDEX
Salter, Alex; commend..........................................................................................HR 1705 Sandtown A's Softball Team; commend ..............................................................HR 1295 Sandy Springs All-Stars Little League Team; commend......................................HR 1156 Sartain, Lydia; commend ......................................................................................HR 1478 Savage, Steve; head coach, Commerce High School; invite to House ...................HR 978 Savannah Arts Academy Academic Decathlon Team; commend ........................HR 1367 Savannah Arts Academy; Professional Association of
Georgia; and the Georgia Academic Decathlon; commend...............................HR 1465 Savannah Chapter No. 2 of the United Daughters of the
Confederacy; commend......................................................................................HR 1525 Savannah citizens and police force; commend .......................................................HR 861 Savannah Direct Mail; commend............................................................................HR 878 Savannah St. Patrick's Day Parade; invite certain persons to House ...................HR 1180 Savannah-Chatham County Governmental Consolidation
Study Committee; commend ................................................................................HR 871 Savannah-Chatham County Governmental Consolidation
Study Committee; commend ..............................................................................HR 1690 Sawyer, Joan; commend........................................................................................HR 1504 Schillo, Jonathan E.; commend .............................................................................HR 1122 Scott, Dennis; commend .......................................................................................HR 1177 Scott, Sarah; commend..........................................................................................HR 1740 Scott, Wyman; commend ......................................................................................HR 1471 Seagroves, Richard M.; commend ........................................................................HR 1456 Seigler, Michael; commend...................................................................................HR 1739 Senior Connections; commend..............................................................................HR 1548 Senior Week at the Capitol; recognize..................................................................HR 1353 Serritella, Judy; invite to House ..............................................................................HR 796 Shaw, Megan; commend .......................................................................................HR 1248 Shepard, David H.; commend ...............................................................................HR 1170 Shepherd Hills Health Care Center; commend .....................................................HR 1100 Shepherd, Carrie Susan Channell; commend........................................................HR 1241 Sheppard, Ronald; commend ................................................................................HR 1370 Shields-Ethridge Farm; recognize.........................................................................HR 1483 Silver-Haired Legislature; invite representatives to House ..................................HR 1309 Simmons, Charles Leroy "Buck"; commend ........................................................HR 1624 Simons, Rachel B.; commend ...............................................................................HR 1132 Sims, Guy W.; commend ........................................................................................HR 937 Six Flags Over Georgia; 35th anniversary; commend ..........................................HR 1318 Slosheye Trail Big Pig Jig; commend ...................................................................HR 1291 Smith, Harold; commend ......................................................................................HR 1720 Smith, His Excellency Mr. Peter J. and Suzanne Duffin Smith; commend..........HR 1419 Smith, Jackie; commend .......................................................................................HR 1012
Refer to numerical index for page numbers
INDEX
4935
Smith, Katrina; 4-H honoree; commend .................................................................HR 899 Smith, Mary Alice; commend ...............................................................................HR 1009 Smith, Mr. and Mrs. Pat; commend ......................................................................HR 1753 Smith, Reverend William; commend ....................................................................HR 1687 Smith, Robert J.; invite to House ..........................................................................HR 1284 Smith, Savannah Sunshine; commend ..................................................................HR 1567 Smith, Stacy; commend.........................................................................................HR 1279 Snapper, Inc.; commend........................................................................................HR 1211 Sorrells, Capt. Keith; Georgia State Patrol; commend .........................................HR 1658 South Fulton County Legislative Day at Capitol; recognize
February 19, 2002...............................................................................................HR 1099 South Gwinnett High School's Technology Education Program;
invite Messrs. Kachmar and Sosebee to House....................................................HR 952 Speir, Don; commend............................................................................................HR 1701 Sperry, Dr. Kris L.; Chief Medical Examiner, Georgia Bureau
of Investigation; commend.................................................................................HR 1657 Sportsmen's Day at the state capitol; recognize March 19, 2002 .........................HR 1354 Spring Valley Health Care Center; commend.........................................................HR 965 Stallings, Dr. Mark; commend ..............................................................................HR 1558 Starr, Wade, Sr.; commend ...................................................................................HR 1517 State Boxing Commission; urge not sanctioning Mike Tyson fight.....................HR 1135 Statesboro High School football team; invite to House ..........................................HR 799 Stephenson High School Girls Basketball Team; commend ................................HR 1754 Stephenson High School Girls Junior Varsity 2001-2002
Basketball Team; commend ...............................................................................HR 1547 Stephenson High School Girls Varsity Basketball Team; commend ...................HR 1545 Stevens Creek Elementary School; commend ......................................................HR 1620 Stewart County Historical Commission; commend..............................................HR 1217 Stewart, Romondo; commend .................................................................................HR 823 Stillman, Hugh D.; commend..................................................................................HR 938 Stockbridge High School; commend ......................................................................HR 941 Stocker, Bonita; commend ....................................................................................HR 1175 Stone, Doug; commend .........................................................................................HR 1706 Stout, Marc Thomas; commend ............................................................................HR 1585 Stowers, Edward H.; commend.............................................................................HR 1292 Strickland, Chief Frank; commend .......................................................................HR 1062 Strickland, Orlando; commend .............................................................................HR 1261 Strickland, Tangela; commend..............................................................................HR 1265 Stroke Awareness Month; designate month of May.............................................HR 1281 Stultz, Sgt. 1st Class Don; Georgia State Patrol; commend .................................HR 1656 Suntory Water Group; commend ..........................................................................HR 1724 Swain, Rex Allen; commend.................................................................................HR 1694
Refer to numerical index for page numbers
4936
INDEX
Swinford, Jason; commend ...................................................................................HR 1563 Taffar, Donna; commend ......................................................................................HR 1421 Tattnall Square Academy boys football team and coaches; invite to House ..........HR 979 Taylor County Health Care; commend .................................................................HR 1052 Taylor County High School boys basketball team; commend..............................HR 1578 Taylor County High School boys basketball team; invite
team and coaches to House ................................................................................HR 1540 Taylor, Honorable Maretta Mitchell; commend ...................................................HR 1728 Taylor, Honorable Carolyn D.; commend.............................................................HR 1055 TechBridge; commend; recognize Digital Ball; April 13, 2002 ...........................HR 1271 Tharpe, Ranger First Class George and Ranger First Class
Darrell Watson; invite to House...........................................................................HR 836 The Charles E. Bradshaw Pedestrian Bridge in the City
of Franklin Springs; endorse ..............................................................................HR 1371 The Christian Index; commend .............................................................................HR 1053 The Heritage School Hawks boys basketball team; invite
coaches and players to House.............................................................................HR 1376 Thomas, Ashley; commend...................................................................................HR 1544 Thomas, Edwin L., Jr.; commend ...........................................................................HR 860 Thompkins, Reverend S. T.; commend.................................................................HR 1543 Tifton, City of and Tift County; commend .............................................................HR 966 Tillis, John S., Jr.; commend...................................................................................HR 859 Toccoa Nursing Center; commend..........................................................................HR 821 Tom Joyner Day; declare February 15, 2002........................................................HR 1020 Topper, Erwin; commend......................................................................................HR 1574 Trion High School Debate Team; commend ........................................................HR 1566 Tuck, Thad; commend...........................................................................................HR 1446 Turner, Blake; commend.......................................................................................HR 1526 Turner, Seth; 4-H honoree; commend.....................................................................HR 897 Turner, Virginia; invite to House ..........................................................................HR 1106 21st Century Leaders Day at the Capitol; recognize March 1, 2002 .....................HR 1301 Twiggs Academy girls basketball team; invite to House......................................HR 1534 209th AAA Battalion A Battery; recognize 21st reunion .......................................HR 1528 Tybee Island Beach Task Force; commend ..........................................................HR 1665 U.S.-Japan Exchange on Women in Public Policy participants; commend..........HR 1681 Union County Hospital Authority; administration and staff; commend...............HR 1300 United States Military Academy; recognize 200th Anniversary ............................HR 901 University System of Georgia Outstanding Scholars; commend..........................HR 1447 Usry, Mary Lou English; congratulations on 100th birthday ...............................HR 1361 Vance, Phillip A.; commend .................................................................................HR 1522 Varner, Willie G.; commend ...................................................................................HR 863 Vickery, Wassie; commend...................................................................................HR 1622
Refer to numerical index for page numbers
INDEX
4937
Vidal, Maria; commend.........................................................................................HR 1729 Vogel, Ronald David; commend...........................................................................HR 1168 Walker School Lady Wolverines Fast Pitch softball team;
invite team and coaches to House ........................................................................HR 958 Walker School Wolverines baseball team; invite coaches and team to House.......HR 957 Walker, Christopher; commend ............................................................................HR 1250 Walker, Dr. Paul; commend..................................................................................HR 1721 Walker, Jimmy and Janette; commend .................................................................HR 1485 Walker, Takiya; commend ....................................................................................HR 1269 Waller, Glenna Faye Houk; commend..................................................................HR 1237 Walnut Fork Baptist Church; recognize 200th anniversary..................................HR 1454 Walter, Ricky; commend.......................................................................................HR 1258 Warner Robins First Assembly of God; commend ...............................................HR 1424 Warren, Johnny; commend ...................................................................................HR 1355 Warwick Grits Festival; commend........................................................................HR 1129 Watkins, Coach Dennis C., Jr.; commend ............................................................HR 1546 Weaver, Blake; commend .....................................................................................HR 1095 Webb, Lance; commend........................................................................................HR 1472 Webster, Paula; commend.....................................................................................HR 1675 Wells, Graham; commend.....................................................................................HR 1395 Westminster Preparatory School boys soccer team; commend ............................HR 1390 Westside High School boys soccer team; commend.............................................HR 1389 Westside High School girls soccer team; commend .............................................HR 1388 Westside High School girls volleyball team; commend .......................................HR 1387 Westwood High School Wildcats; invite coaches, players,
and cheerleaders to House....................................................................................HR 798 Westwood Wildcats football team; commend ........................................................HR 818 Westwood Wildcats varsity cheerleaders; commend..............................................HR 817 Wetherby, Honorable David, M. D.; commend ....................................................HR 1160 Wheeler High School newspaper staff; invite to House .........................................HR 831 Whitaker, Ida Yancey; commend..........................................................................HR 1345 Whitaker, John; condolences.................................................................................HR 1628 Whitaker, Shirley; commend.................................................................................HR 1290 White, Harry Winford; commend ...........................................................................HR 882 Whitlock, James Wendell; commend....................................................................HR 1609 Whitney, Don; commend ......................................................................................HR 1737 Whitworth, Morene; commend .............................................................................HR 1674 Wicker, Lucy Best; commend...............................................................................HR 1570 Wilkinson County High School basketball team; invite team
and coaches to House .........................................................................................HR 1460 Wilkinson, Warren Terrell; commend ....................................................................HR 811 Williams, Dr. Robert Sanders; commend .............................................................HR 1097
Refer to numerical index for page numbers
4938
INDEX
Williams, Rev. Clarence, Jr.; commend................................................................HR 1707 Williams, Reverend Clarence, Jr.; commend........................................................HR 1559 Williams, Rudene; commend ................................................................................HR 1511 Williamson, Linda; commend ...............................................................................HR 1307 Willis, Robert (Chick); commend .........................................................................HR 1672 Wilson, Coroner Dewayne; commend ..................................................................HR 1555 Wilson, Elizabeth Thomas; commend ..................................................................HR 1428 Wilson, Honorable Steve; commend.....................................................................HR 1431 Wilson, Matthew; 4-H honoree; commend .............................................................HR 887 Wilson, Sandy; commend .....................................................................................HR 1607 Wilson, Sheriff Steve; commend ..........................................................................HR 1553 Winslette, Jackie; commend..................................................................................HR 1021 Wood, Honorable Joe T., Sr.; place portrait at Georgia War Veterans Home......HR 1374 Wood, Reverend Steven Doyle; commend ...........................................................HR 1590 Wooten, Jim; commend.........................................................................................HR 1727 Wright, G. Bryant; invite to House .......................................................................HR 1226 Wright, Stephanie; commend................................................................................HR 1708 Yarini, Margaret; commend ..................................................................................HR 1475 York, Hannah Nicole; commend...........................................................................HR 1610 Youmans, Howard L., Jr.; commend ......................................................................HR 827 Young, Charles; commend......................................................................................HR 922 Young, Karen; commend ......................................................................................HR 1000 Youssef, Michael, Ph.D.; commend......................................................................HR 1742 Youth Advisory Council of Columbus; invite to House.........................................HR 908 Youth in CHARGe; invite representatives to House ..............................................HR 954 YWCA of Greater Atlanta; commend on 100th anniversary;
invite representatives to House...........................................................................HR 1415 Zellner, Lewis; commend......................................................................................HR 1266 Zervakos, Peter; commend......................................................................................HR 969
COMMERCE AND TRADE Cuba; lift sanctions and normalize trade relations; urge Congress .......................HR 1110 Fair Insurance Business Practices Act of 2001; enact ............................................HB 716 Foreign corporations; certificates of authority; registered agents; copies of documents; fees ......................................................................HB 1223 Gas marketers and telemarketers; switching consumers' gas supplier ...................HB 957 Geo. L. Smith II World Congress Center; rename as Geo. L. Smith II American Heroes Center.........................................................HB 1047 Georgia Fair Lending Act; enact...........................................................................HB 1361 Identity fraud; define offense; victim assistance; proper business records disposal...................................................................................... SB 475 Leaf tobacco sales; approved graders...................................................................... SB 321
Refer to numerical index for page numbers
INDEX
4939
Manufacturing Extension Partnership; urge Congress restore funding ................HR 1324 Marine manufacturers; contracts with dealers; termination provisions ................HB 1303 Motor vehicle sales finance; repossession; amend................................................HB 1161 Public accommodations; access or admission to motorcycle patrons....................... SB 52 Rifles and shotguns; interstate purchases; amend certain provisions ...................HB 1457 Securities; regulate viatical investments ...............................................................HB 1220 Small Business Investment Capital Study Committee; create ................................ SR 668 Unfair trade practice; credit counseling; failure to disclose information..............HB 1656
COMMERCE, CITY OF Ad valorem; school taxes; homestead exemption................................................... SB 492 Board of education; compensation........................................................................HB 1723
COMMERCIAL CODE Uniform Commercial Code; letters of credit; secured transactions ......................HB 1253
COMMISSIONS Atlanta Board of Education Charter Review Commission; create ......................... SR 608 Blue Ribbon Commission on Individual Health Insurance Availability and Its Effect on the Employer Based Health Insurance Market; create ......................................................................................HR 342 Brain and Spinal Injury Trust Fund Commission; membership ............................. SB 364 Commission on Fairness for Prisoners' Families; create......................................HR 1326 Commission on Psychiatric Medication of School-Age Children; create ..............HR 946 Commission on Regional Transportation; create....................................................HR 905 Georgia Courts Automation Commission; advisory council; Georgia Technology Authority ............................................................................HB 681 I-20 Corridor Regional Airport Study Commission; create..................................HB 1096 Nonpublic Postsecondary Educational Institutions Act; amend provisions; Tuition Guaranty Trust Fund ................................................. SB 425 Professional athletes; regulation by Athletic and Entertainment Commission.....HB 1592 Professional Standards Commission; renewable certificates; limitation ................HB 125 Reapportionment by independent, nonpartisan commission; provisions - CA.......HR 803 Sales tax exemption; sales to agricultural commodities commissions .................HB 1180 Soil and Water Conservation Commission; compensation...................................HB 1422 State Boxing Commission; urge not sanctioning Mike Tyson fight.....................HR 1135 State Forestry Commission; add members..............................................................HB 129 State Indemnification Commission; include certain persons.................................... SB 61 Telework Study Commission; create ......................................................................HR 984
COMMITTEES Commission on Fairness for Prisoners' Families; create......................................HR 1326
Refer to numerical index for page numbers
4940
INDEX
Georgia Technology Authority Overview Committee; create ..............................HB 1445 House Agricultural Water Conservation Incentive Program
Study Committee; create ......................................................................................HR 568 House Alcoholic Beverages Distribution System Study Committee; create ..........HR 221 House Arts Education Study Committee; create...................................................HR 1322 House Biodiesel Study Committee; create............................................................HR 1321 House Collegiate Athletic Association Disciplinary Study Committee; create....HR 1328 House Committee on Psychiatric Medication of School-Age Children; create....HR 1650 House Emergency Motorist Aid Study Committee; create.....................................HR 129 House Hartsfield-Atlanta Aviation Air Quality Impact Zone
Study Committee; create ......................................................................................HR 515 House Home Construction and Repair Study Committee; create...........................HR 213 House Insurance Rate Regulation Study Committee; create ....................................HR 26 House Local Assistance Road Program Study Committee; create .........................HR 392 House Paraprofessionals Study Committee; create...............................................HR 1413 House State Law Enforcement Officers' Advocate Study Committee; create .....HR 1492 House Student Financial Planning Study Committee; create ...............................HR 1652 House Study Committee for House Bill 851; create...............................................HR 975 House Study Committee for the Transfer of Operations of
the Hartsfield Atlanta International Airport; create .............................................HR 786 House Study Committee on Certified Professional Midwifery; create...................HR 128 House Study Committee on Exempting Educators from
the State Income Tax; create ................................................................................HR 456 House Study Committee on Fair Vehicle Taxation; create...................................HR 1382 House Study Committee on Prescription Drug Addiction; create ........................HR 1083 House Study Committee on Severe Weather Warning and
Communications; create .....................................................................................HR 1493 House Study Committee on Technology Education; create .................................HR 1038 House Study Committee on the Death Penalty; create .........................................HR 1594 House Study Committee on the Development of Sustainable
Energy in Georgia; create.....................................................................................HR 986 House Study Committee on the Georgia Social Security
Supplement Program; create ..............................................................................HR 1148 House Study Committee on the Organization of the Public
Delivery System for Mental Health, Mental Retardation, and Substance Abuse Services; create .................................................................HR 648 House Study Committee on Tick-Borne Illnesses in Georgia; create ....................HR 273 House Study Committee on Uniform High School Grading; create.....................HR 1040 House Study Committee on Universal School Breakfast; create............................HR 983 House Tourism and Sports Marketing Study Committee; create .........................HR 1308 House Tourism Study Committee; create ...............................................................HR 849 House Tow Truck Rapid Response Study Committee; create ..............................HR 1323
Refer to numerical index for page numbers
INDEX
4941
Joint Construction Codes Study Committee; create..............................................HR 1039 Joint Construction Codes Study Committee, Joint Study
Committee on Jekyll Island, and Joint Study Committee on Early Childhood Education; create ...............................................................HR 1105 Joint Ethanol Production Study Committee; create ................................................HR 806 Joint Local Assistance Road Program Study Committee; create..........................HR 1074 Joint MARTA Finance Study Committee; create ...................................................HR 848 Joint MARTA Study Committee; create.................................................................HR 851 Joint Study Committee on Alternative and Environmentally Sensitive Truck Fuels; create ............................................................................... SR 604 Joint Study Committee on Chronic Fatigue and Immune Dysfunction Syndrome; create .............................................................................HR 982 Joint Study Committee on Economic Development through the Investment of State Pension Funds into Private Equities; create .................HR 1372 Joint Study Committee on Expanding Old National Highway (S.R. 279); create .................................................................................. SR 170 Joint Study Committee on Gaming; create .............................................................HR 463 Joint Study Committee on Historic Local Government Records; create ................HR 345 Joint Study Committee on Jekyll Island; create...................................................... SR 826 Joint Study Committee on Limited Access for State Route 316/ University Parkway; create ..................................................................................HR 215 Joint Study Committee on Limited Access for State Route 316/ University Parkway; create ................................................................................HR 1146 Joint Study Committee on Medical Care for Prison Inmates; create ......................HR 455 Joint Study Committee on Public School Size; create ............................................HR 223 Joint Study Committee on the Certification or Licensure of Home Builders and Commercial General Contractors; create ...........................HR 1178 Joint Study Committee on Urban Road Building Guidelines; create .....................HR 130 MARTA; commercial development; urge MARTOC evaluate ..............................HR 395 Small Business Investment Capital Study Committee; create ................................ SR 668
COMMITTEES, STANDING Bordeaux, Honorable Tom; committee assignment................................................. Page 6 Drenner, Honorable Carla; committee assignment ................................................ Page 84 Floyd, Honorable Johnny; committee assignment ................................................... Page 8 Gardner, Honorable Pat; committee assignment...................................................... Page 9 Jenkins, Honorable Curtis; committee assignment .............................................. Page 182 Mosley, Honorable Hinson; committee assignment ................................................ Page 7 O'Neal, Honorable Larry; committee assignment ................................................. Page 10 Powell, Honorable Alan; committee assignment ..................................................... Page 9 Reichert, Honorable Robert; committee assignment ............................................... Page 6
Refer to numerical index for page numbers
4942
INDEX
COMMON CARRIERS AND CONTRACT CARRIERS (See Motor Carriers)
COMMUNICATIONS RECEIVED Anderson, Honorable Alberta J. .................................................................Pages 215, 264 Franklin, Honorable Bobby.................................................................................. Page 170 Governor............................................................................................................. Page 2442 Hammontree, Honorable Allen ............................................................................ Page 263 Hugley, Honorable Carolyn F. ............................................................................. Page 260 Legislative Counsel ........................................................................ Pages 11, 12, 258, 261 Lieutenant Governor .................................................................................. Pages 259, 262 Massey, Honorable Warren................................................................................ Page 1233 McKinney, Honorable Billy............................................................................... Page 1742 Pinholster, Honorable Garland............................................................................. Page 263 Reese, Honorable Bobby...................................................................................... Page 140 Secretary of State ............................................................................. Pages 1, 3, 642, 1170 Sinkfield, Honorable Georganna T. .................................................................... Page 936 Speaker of the House.............................................. Pages 6, 7, 8, 9, 10, 84, 182, 259, 262 Stancil, Honorable Steve ........................................................................................ Page 11 Starr, Honorable Terrell ....................................................................................... Page 260 Yates, Honorable John ....................................................................................... Page 1234
COMMUNITY AFFAIRS Business and occupation taxes; excessive regulatory fees; remedies .....................HB 878 Criminal procedure; graffiti; local government compensation programs.............HB 1726 Georgia Sports Hall of Fame Authority; composition; administrative functions; personnel; create Advisory Committee ....................... SB 478 Individual development accounts; comprehensive regulation ................................HB 397 OneGeorgia Authority; transfer to Department of Community Affairs ...............HB 1393 Regional economic assistance project; application criteria ..................................HB 1482
COMMUNITY HEALTH, DEPARTMENT OF Blue Ribbon Commission on Individual Health Insurance Availability and Its Effect on the Employer Based Health Insurance Market; create ......................................................................................HR 342 Grants to rural hospitals ........................................................................................HB 1350 Grants to rural hospitals .......................................................................................... SB 442 Health; hepatitis C; urge increased awareness ......................................................HR 1536 State employees' health insurance; denied claims; reviews .................................HB 1607
COMPACTS Interstate Compact for Adult Offender Supervision; enact.....................................HB 885
Refer to numerical index for page numbers
INDEX
4943
Nurses; Multistate Compact; enact .........................................................................HB 968 Wildlife Violator Compact; enact .........................................................................HB 1056 Wildlife Violator Compact; enact; crossbows; handguns;
deer and bear seasons .........................................................................................HB 1174
COMPENSATION RESOLUTIONS Daniell, Barbara A...................................................................................................HR 802 Goodman, Danny.....................................................................................................HR 940
COMPUTERS (See Digital Equipment and Computers)
CONDEMNATION Eminent domain or condemnation; public utilities or services; local government approval .................................................................................HB 1273
CONDOLENCES Akins, John Roger; condolences ...........................................................................HR 1337 Altman, Eston; condolences..................................................................................HR 1444 Andrews, James Alvin, Sr.; condolences ..............................................................HR 1358 Arnold, Sarah Ann Gates; condolences ................................................................HR 1680 Atwell, Gerald; condolences .................................................................................HR 1024 Ausby, James Lawrence, Sr.; condolences ...........................................................HR 1192 Austin, J. W., Sr.; condolences .............................................................................HR 1193 Baker, Lumis, Jr.; condolences .............................................................................HR 1598 Bell, Hudson Lewis, Sr.; condolences ..................................................................HR 1623 Billingsley, Deacon Luke; condolences ................................................................HR 1183 Billingsley, Leon; condolences .............................................................................HR 1196 Bostwick, Dr. John III; condolences .......................................................................HR 921 Branch, Gilbert D.; condolences ...........................................................................HR 1751 Burke, William James; condolences .....................................................................HR 1186 Bynes, Frank H.; condolences...............................................................................HR 1713 Calloway, Leonard "Tippy"; condolences ............................................................HR 1586 Cash, Dr. Robert G.; condolences .........................................................................HR 1715 Cash, Dr. Robert Grady; condolences...................................................................HR 1640 Cash, Dr. Robert Grady; condolences...................................................................HR 1649 Coats, Reverend Joseph C., Sr.; condolences .......................................................HR 1349 Cone, Jim; condolences.........................................................................................HR 1303 Council, Annie Bell Mason; condolences ...............................................................HR 960 Densmore, William Glover "Billy"; condolences.................................................HR 1402 Densmore, William Glover "Billy"; condolences.................................................HR 1405 Dollison, Robert, Jr.; condolences ........................................................................HR 1187 Fandl, Bob; condolences .......................................................................................HR 1314
Refer to numerical index for page numbers
4944
INDEX
Flake, Marvin Lewis; condolences........................................................................HR 1750 Fleming, Roscoe H., Sr.; condolences ....................................................................HR 990 Formey, Rev. Henderson E. Jr.; condolences .......................................................HR 1018 Funderburg, I. Owen; condolences .......................................................................HR 1163 Funderburg, Ilon Owen; condolences ...................................................................HR 1273 Giles, Ret MSG Robert; condolences ...................................................................HR 1161 Glover, Henrietta Walker; condolences ................................................................HR 1313 Greenbaum, Irwin; condolences............................................................................HR 1601 Gregory, Roxanne; condolences ...........................................................................HR 1277 Grier, Deacon Tommie Lee; condolences.............................................................HR 1198 Griffin, C. A. "Tony"; condolences ......................................................................HR 1453 Hall, Deacon James R., Sr.; condolences..............................................................HR 1184 Hall, Rodney J.; condolences ................................................................................HR 1452 Hamrick, Dave; condolences.................................................................................HR 1571 Harrell, W. D. "Cuz"; condolences .......................................................................HR 1584 Hayes, Lester R., Sr.; condolences........................................................................HR 1509 Henderson, Mr. Jessie C.; condolences...................................................................HR 932 Hill, Hannah Mae Jackson; condolences ................................................................HR 912 Hodges, John; condolences ...................................................................................HR 1463 Howard, Walter; condolences ...............................................................................HR 1058 Hugueley, Kristin Elizabeth; condolences ............................................................HR 1516 Hurt, Jim; condolences..........................................................................................HR 1401 Jarrard, Henry Grady; condolences.........................................................................HR 865 Jarrard, Virginia Trammell; condolences..............................................................HR 1723 Johnson, Dr. Lillian Patricia; condolences............................................................HR 1588 Johnson, Johnny C.; condolences..........................................................................HR 1350 Johnson, Louise Beliford; condolences...................................................................HR 964 Kaufmann, Dr. James A.; condolences .................................................................HR 1699 King, DeWayne; condolences ...............................................................................HR 1634 Knight, Ulysses; condolences ...............................................................................HR 1249 Lambros, Judge Nick George; condolences............................................................HR 857 Lanier, Anson "Brent"; condolences.....................................................................HR 1272 Lawson, Petty Officer Jason; condolences............................................................HR 1508 Lee, Sergeant First Class (Ret.) Ulysses; condolences .........................................HR 1520 Lindsey, Charles John "Jake"; condolences..........................................................HR 1209 Lunsford, Sally M.; condolences...........................................................................HR 1151 Melkonian, Dr. Roger W.; condolences..................................................................HR 928 Miller, Coleman Terrell; condolences...................................................................HR 1057 Moody, Frank; condolences ..................................................................................HR 1697 Morey, Edward; condolences..................................................................................HR 934 Morrison, James William; condolences ................................................................HR 1580 Nelson, Charlie; condolences................................................................................HR 1194
Refer to numerical index for page numbers
INDEX
4945
Neville, Mark W.; condolences.............................................................................HR 1450 Newton, Mollie Eileen; condolences ....................................................................HR 1587 Nigeria, Lagos; catastrophic events; expressing regret...........................................HR 973 Odom, Earl George; condolences..........................................................................HR 1549 Osborn, Ola Bell Legg; condolences ....................................................................HR 1679 Outlaw, Thomas Eugene "BoJack"; condolences.................................................HR 1185 Parker, Wesley; condolences.................................................................................HR 1197 Pellom, Ephraim Bryan; condolences ...................................................................HR 1678 Pelote, Jesse Leroy; condolences ..........................................................................HR 1599 Poke, Deacon Zebedee (Zeb); condolences ..........................................................HR 1199 Ponder, Margaret; condolences .............................................................................HR 1505 Poynter, Honorable Randy; condolences ..............................................................HR 1339 Pridgen, Honorable Albert Dan "Big Al"; condolences .........................................HR 822 Reed, Bobby, Jr.; condolences ..............................................................................HR 1449 Richey, Deacon Charlie Rufus, Jr.; condolences ..................................................HR 1190 Riddle, John; condolences.....................................................................................HR 1408 Rocker, Deputy Chief Bobby "B.J."; condolences ...............................................HR 1423 Rollins, Esther V. Wright; condolences ..................................................................HR 929 Serwiri, Mukamana Jessica Marie Rosine; condolences ......................................HR 1709 Sheats, T. LaMar; condolences ...............................................................................HR 810 Sherald, Amos P. III; condolences ........................................................................HR 1162 Slaughter, Jasper Eugene; condolences.................................................................HR 1191 Smith, Allen Marcus; condolences ......................................................................HR 1305 Smith, Phillip H.; condolences..............................................................................HR 1213 Souther, Ruth; condolences...................................................................................HR 1482 St. Clair, Collier; condolences...............................................................................HR 1351 Stevens, Ronnie Joseph; condolences ...................................................................HR 1605 Stewart, Mrs. Ethel Hines; condolences ...............................................................HR 1033 Stewart, R. Q.; condolences ..................................................................................HR 1195 Summers, Mrs. Pat; condolences ...........................................................................HR 923 Swann, Bobby; condolences .................................................................................HR 1712 Tankersley, Terrance Alton; condolences.............................................................HR 1393 Terry, William; condolences .................................................................................HR 1189 Thomas, Will; condolences ...................................................................................HR 1182 Truelove, Elmer G.; condolences..........................................................................HR 1330 Walker County; certain families; condolences; commend certain officials .........HR 1479 Warren, Dale Tennyson; condolences.....................................................................HR 926 Watkins, Emma Jean Beasley; condolences .........................................................HR 1686 White, Milton J.; condolences...............................................................................HR 1422 Wideman, Tommy Joe; Deborah Wheeler Wideman;
Melissa Wideman; and Abbie Alexis Wideman; condolences ..........................HR 1752 Williams, M. C.; condolences ...............................................................................HR 1188
Refer to numerical index for page numbers
4946
INDEX
Wood, Helen Thrasher; condolences ......................................................................HR 866 Woodcock, Michael Lee; condolences .................................................................HR 1698
CONFEDERATE HISTORY AND HERITAGE MONTH Recognize April....................................................................................................... SR 923
CONSERVATION AND NATURAL RESOURCES Ad valorem tax; certain class; redevelopment of hazardous waste sites - CA .....HR 1111 Archeological sites; disturbance; exception to prohibition...................................HB 1198 Archives and History; change Department of to Division of; amend provisions ............................................................................................HB 487 Artifacts in certain riverbeds; not subject to certain laws .....................................HB 1642 Certain municipalities or authorities; water pollutants; permits for discharge; requirement.....................................................................HB 1355 Computer Equipment Disposal and Recycling Council; create..................................HB 2 County boards of health; soil classifier; on-site sewage management systems....HB 1237 Emission inspections; Board of Natural Resources; certain power ......................HB 1108 Environmental Protection Division; alleged violations; complaint requirements ......................................................................................HB 1004 Environmental rules and regulations; risk assessment and cost benefit analysis.......................................................................................HB 587 Environmental Training and Education Authority; membership..........................HB 1377 Erosion and sedimentation; soil analysis; compost and mulch.............................HB 1652 Forest Heritage Trust Act; enact ............................................................................. SB 424 Greenspace Trust Fund; allocation of certain funds ............................................... SB 438 Georgia Sports Hall of Fame Authority; composition; administrative functions; personnel; create Advisory Committee ...................... SB 478 Ground water; prohibit injecting any substance into aquifers ..............................HB 1240 Ground water; withdrawals from coastal waters; domestic purposes...................HB 1247 House State Law Enforcement Officers' Advocate Study Committee; create .....HR 1492 Income tax credit; electric vehicle charger ...........................................................HB 1164 Income tax credit; zero emission motor vehicles; qualifications ............................ SR 380 Joint Study Committee on Alternative and Environmentally Sensitive Truck Fuels; create ............................................................................... SR 604 Joint Study Committee on Jekyll Island; create...................................................... SR 826 Joint Study Committee on Jekyll Island, Joint Construction Codes Study Committee, and Joint Study Committee on Early Childhood Education; create.....................................................................HR 1105 Land disposal sites; septic tank waste; regulation.................................................HB 1030 Live Oak Landfill; urge Governor and General Assembly order closing.............HR 1613 Local governments; forestry resources, streets, and roads; powers ......................HB 1154 Low-speed vehicles; operation on public streets; income tax credits ...................HB 1389
Refer to numerical index for page numbers
INDEX
4947
McNeely, Walter Boone; certain contributions; urge Department of Natural Resources recognize......................................................HR 1487
Motor Vehicle Safety, Department of; board and commissioner; per diem .........HB 1109 Motor vehicles or watercraft on sand dunes; prohibit;
protection of nesting sea turtles and shore birds ................................................HB 1048 Oconee River Greenway Authority; create; Aviation Hall of
Fame; amend powers of board; I-20 Corridor Regional Airport Study Commission; create.....................................................................HB 1096 Plutonium transported through state; safety of citizens; urge congressional action to ensure....................................................................HR 1692 Power Alley Development Authority Act; enact ....................................................HB 744 Public water systems; residential building owners ................................................. SB 357 Sapelo Island Heritage Authority; membership...................................................... SB 391 Solid waste management; plasma-arc torch technology; encourage development......................................................................................HR 1069 Southwest Georgia Railroad Excursion Authority; assign to Department of Natural Resources ..................................................................HB 1538 State Forestry Commission; add members..............................................................HB 129 Surface mining and borrow pits; redefine.............................................................HB 1616 Terrorism; protection of citizens and resources; relative to..................................HR 1695 Voter registration; application through Department of Natural Resources; hunting, fishing, trapping licenses ......................................HB 1335 Waste management; brownfields agreements; contaminated property.................HB 1423 Waste management; land disposal sites for septic tank wastes ............................HB 1406 Water supply systems employees; criminal records checks and fingerprinting ...............................................................................................HB 1428 Water well contractor or driller; actions affecting floridan aquifer ......................HB 1239
CONSTITUTIONAL AMENDMENTS Ad valorem tax on tangible property; eliminate ...................................................HR 1137 Ad valorem tax; certain class; redevelopment of hazardous waste sites ..............HR 1111 Ad valorem tax; separate class; certain dockside facilities.....................................HR 364 Ad valorem tax; separate class; certain low-income projects ...............................HR 1073 Cancer Care Trust Fund; authorize creation ...........................................................HR 904 Certain convicted felons; restoration of right to vote..............................................HR 792 Certain real property; removal from industrial area; binding on successors ............HR 27 Charter schools; funding provisions........................................................................HR 850 Coroner in certain counties; provisions...................................................................HR 987 Counties and municipalities; community redevelopment tax incentive program...........................................................................................HR 391 Crimes; certain convictions; serve entire sentence .................................................HR 740 Dog and cat sterilization; special license plate funding ..........................................HR 264
Refer to numerical index for page numbers
4948
INDEX
Education funding; impose 1% sales tax; repeal ad valorem tax..........................HR 1112 Education funding; repeal ad valorem tax; impose 3% sales tax..........................HR 1139 Education funding; repeal ad valorem tax; impose sales tax ................................HR 1079 Family owned farm entities; preferential assessment; certain property..................HR 140 House apportionment; single-member districts ....................................................HR 1383 Indemnification; certain survivors; payment and insurance provisions................HR 1150 Legislative and congressional reapportionment; requirements...............................HR 837 Public money; use by religious organizations; certain social services ...................HR 131 Reapportionment by independent, nonpartisan commission; provisions................HR 803 Sales tax for educational purposes; apply certain exemptions..............................HR 1412 Sales tax; local assistance road program expenses ...............................................HR 1085 State flag; change design.........................................................................................HR 976 Supreme Court jurisdiction to answer questions of law
from any state appellate or federal court .............................................................. SR 600 Tax defaulter; ineligible to hold public office.........................................................HR 126 Veterans' Nursing Home Care Trust Fund; create; special license plates..............HR 646
CONSUMER AFFAIRS Consumer Choice Negotiated Health Insurance Plan Act; enact; COBRA............HB 434 Consumer's Health Insurance Protection Act; enact .............................................. SB 476 Credit counseling; failure to disclose information ................................................HB 1656 Gas marketers and telemarketers; switching consumers' gas supplier ...................HB 957 Georgia Fair Lending Act; enact...........................................................................HB 1361 Identity fraud; define offense; victim assistance; proper business records disposal...................................................................................... SB 475 Natural Gas Consumers' Relief Act; enact ...........................................................HB 1568 Property insurance; consumer product repair cost; certain exception ..................HB 1324
CONTRACTORS (CONSTRUCTION) Construction contractors; utility system; license requirements ............................HB 1082 House Home Construction and Repair Study Committee; create...........................HR 213 Joint Construction Codes Study Committee; create..............................................HR 1039 Joint Construction Codes Study Committee; create..............................................HR 1105 Joint Study Committee on the Certification or Licensure of Home Builders and Commercial General Contractors; create.......................HR 1178 Road construction and repair of manhole rings, covers; valve boxes; exemption ........................................................................................ SB 392 Utility contractors; license number on bid documents..........................................HB 1432
CONTRACTS Agricultural equipment dealers and sales; regulate ................................................HB 728 Fair Farming Act; enact.........................................................................................HB 1498
Refer to numerical index for page numbers
INDEX
4949
Gas marketers and telemarketers; switching consumers' gas supplier ...................HB 957 Guaranteed Energy Cost Savings Act; enact ........................................................HB 1659 Hospitals contracting with certain insurers; contravening public policy..............HB 1089 Jurisdiction outside of state; option to accept or reject .........................................HB 1657 Marine manufacturers; contracts with dealers; termination provisions ................HB 1303
CONTROLLED SUBSTANCES Controlled substance analog; definition; provisions .............................................HB 1186 Controlled substances and dangerous drugs; amend provisions ...........................HB 1185 Driving under the influence; drivers' licenses; chemical tests; open containers in vehicles; fleeing from police.................................................. SB 482 Firearms; license to carry; prohibition; certain conviction ...................................HB 1633 Forfeited property; distribution; land bank authorities ...........................................HB 783 Forfeiture of property; controlled substances; disposition of proceeds ................HB 1338 Substance Abuse and Crime Prevention Act of 2001; enact...................................HB 743 Workers' compensation; denial; certain change in condition ...............................HB 1416
CONVEYANCES OF PROPERTY (See Public Property)
CONYERS, CITY OF; homestead exemption; referendum.................................... SB 531
COOK COUNTY Board of commissioners; reapportion election districts ......................................... SB 527 CoBoard of education; revise election districts ..................................................... SB 528
CORONERS Certain counties; additional compensation ...........................................................HB 1490 Certain counties; provisions - CA ...........................................................................HR 987 Medical examiners; authority to subpoena records; autopsy photographs; exempt from public disclosure ....................................................... SB 110 Medical examiners; abolish certain offices; coroners; establish certain offices ......................................................................................HB 1226
CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Employment security; certain corporations; exclude services by owner..............HB 1455 Foreign corporations; certificates of authority; registered agents; copies of documents; fees ......................................................................HB 1223 Limited liability companies; amend provisions ...................................................... SB 253 Taxable net income; exclude capital gains............................................................HB 1262
CORRECTIONS, DEPARTMENT OF (See Penal Institutions)
Refer to numerical index for page numbers
4950
INDEX
COUNTIES (Also, see Local Government or Named County) Ad valorem tax exemptions; certain counties; population classification..............HB 1106 Ad valorem; taxpayer claims for refunds; increase filing time period ................... SB 319 Ad valorem tax; time for making returns in certain counties; change population brackets.................................................................HB 1449 Alcoholic beverages; Sunday sales; consumption on premises; local authorization..............................................................................HB 1331 Animal protection; county and municipal ordinances ............................................ SB 399 Animals; certain facilities; local zoning and animal control regulations..............HB 1637 Annexation; certain populated counties; approval provisions ................................ SB 136 Blanket bonds; two or more political subdivisions; interlocal risk management agency ....................................................................................HB 1514 Boards of education; certain member prohibition; exception ...............................HB 1665 Boards of elections and registration; creation........................................................... SB 32 Boards of family and children services; removal of members upon conviction of crime involving moral turpitude ........................................... SB 510 Boards of tax assessors; removal of member; provisions .....................................HB 1278 Business and occupation taxes; excessive regulatory fees; remedies .....................HB 878 Certain areas; prohibit charges for water and sewer .............................................HB 1537 Certain compensation; exemption from payment .................................................HB 1133 Certain counties; ad valorem tax payments; population classification ................... SB 405 Certain counties; county treasurer emeritus; population classification ................HB 1436 Certain counties; superior court clerk; repeal Act providing additional compensation.....................................................................................HB 1421 Certain real property; removal from industrial area; binding on successors - CA ....................................................................................HR 27 Commissioners; 8 years' service and certain certification; compensation ...........HB 1628 Community Health, Department of; grants to rural hospitals ...............................HB 1350 Community Health, Department of; grants to rural hospitals ................................. SB 442 Coroners; certain counties; additional compensation ...........................................HB 1490 Coroners; certain counties; provisions - CA ...........................................................HR 987 Correctional institutions; counties housing state inmates; reimbursement...........HB 1014 Correctional institutions; voluntary inmate labor; private employers ..................HB 1530 Counties and municipalities; community redevelopment tax incentive program - CA ..................................................................................HR 391 County Building Authorities Act; enact; certain counties ....................................HB 1512 Criminal procedure; graffiti; local government compensation programs.............HB 1726 Disputed boundary lines........................................................................................HB 1548 Education accountability; certain actions by local boards; enhanced annual report.........................................................................................HB 473 Elections; uniform system of direct recording electronic voting equipment; provisions ............................................................................... SB 414
Refer to numerical index for page numbers
INDEX
4951
Emergency medical services; local governments designate ambulance providers...........................................................................................HB 1031
Eminent domain or condemnation; public utilities or services; local government approval ..................................................................HB 1273
Employees' Retirement; family and children services; creditable service ...............HB 38 Greenspace Trust Fund; local; allocation of certain funds...................................... SB 438 Georgia Public Service Employees' Occupational Safety
and Health Act; enact .........................................................................................HB 1424 Grand juries; transcription provisions; certain counties;
population classification.....................................................................................HB 1437 Homestead exemption; certain counties; time for making application.................HB 1559 Homestead option sales tax; distribution of proceeds...........................................HB 1167 Hotel-motel tax; failure to pay; criminal penalties ...............................................HB 1564 Hotel-motel tax; levy provisions; occupation taxes;
excessive regulatory fees....................................................................................HB 1519 House Local Assistance Road Program Study Committee; create .........................HR 392 Income tax credits; rural physician and rural hospital; redefine ...........................HB 1258 Income tax credits; rural physician and rural hospital; redefine ...........................HB 1565 Intangible recording tax; commissions; certain counties ........................................ SB 354 Jails; request for custody; transfer of convicted person ........................................HB 1450 Joint Recreation Authority of Brooks, Colquitt, Grady,
Mitchell, and Thomas counties; create................................................................. SB 563 Joint Study Committee on Historic Local Government Records; re-create............HR 345 Land disposal sites; septic tank waste; regulation.................................................HB 1030 Law libraries; additional libraries for certain court officers .................................HB 1332 Law libraries; use of funds for state court judges' library ...................................... SB 495 Laws and provisions; classification by population; revise....................................HB 1489 Local boards of education and Christian Learning Center Boards; commend .......HR 910 Local boards of education; health insurance; certain coverage ............................HB 1121 Local government budgets; authority to draw from treasury................................HB 1187 Local governments; authority to contract with certain organizations...................HB 1188 Local governments; contracts and bids; publish in
Georgia Procurement Registry ..........................................................................HB 1218 Local governments; forestry resources, streets, and roads; powers ......................HB 1154 Local governments; state grants to subrecipients; certification ............................HB 1669 Local retirement systems; investment guidelines;
minimum funding standards...............................................................................HB 1345 Local sales taxes; limitation on levies; exclusions................................................HB 1444 Malt beverage excise taxes; excess proceeds; repeal
certain provisions; population classification ......................................................HB 1438 Medical examiners; abolish certain offices; coroners;
establish certain offices ......................................................................................HB 1226
Refer to numerical index for page numbers
4952
INDEX
Mental health, developmental disabilities, and addictive diseases; regional planning boards; community service boards; state ombudsman .....................................................................................HB 498
Mental health; patients in certain facilities; transportation ...................................HB 1400 Motor vehicle liability; local governments; waiver of immunity .........................HB 1128 Officials; certain training; supplemental compensation........................................HB 1132 Off-road vehicles; operation on unpaved highways; provisions...........................HB 1613 Open records exemption; certain information; local government employees ......HB 1374 Ordinances; violation; increased jail punishment .................................................HB 1511 Peace officer; redefine; include certain county jail officers .................................HB 1710 Probate court judges; eligibility requirements; certain counties ...........................HB 1064 Property tax exemption; private land dedicated for public road...........................HB 1603 Public officers and employees; business transactions with
local governments...............................................................................................HB 1050 Public officers and employees; certain military duty; additional pay...................HB 1236 Public officers and employees on military duty; salary and salary differential....HB 1405 Public officials; indictment procedures; Corruption Prevention Act ..................... SB 234 Radar; permit for use; prohibitions .......................................................................HB 1275 Railroads, counties, municipalities; grade crossings; amend provisions ..............HB 1382 Retail package store; location restriction; certain waiver .....................................HB 1724 Retail package store; location; waive certain restriction.......................................HB 1706 Sales tax; exempt sales to certain local government authorities ...........................HB 1418 Sales tax; exempt sales to certain local government
authorities or corporations..................................................................................HB 1367 Sales tax; local assistance road program expenses - CA.......................................HR 1085 Sales tax; special county or joint municipal and county tax; amend ......................HB 376 School councils; local boards of education; amend provisions ............................HB 1196 School principals; state supplement; periodic payments ........................................HB 245 Septic tanks; certified installers and pumpers; bonds ...........................................HB 1163 Single commissioner government; salary .............................................................HB 1333 Special county 1 percent sales tax; nonprofit hospital facilities ...........................HB 1209 Special county 1 percent sales tax; proceeds; certain maintenance ......................HB 1283 State Court Judges, Council of; officers and executive committee ......................HB 1291 Sunday sales; beer and wine by the drink; certain
counties and municipalities; referendum............................................................HB 1433 Superior Court Clerks' Retirement; state court clerks; membership ......................HB 842 Tax commissioners and employees; certain counties; mandatory training.............HB 142 Taxes and license fees; refunds by counties and
municipalities; time for filing claim...................................................................HB 1225 Taxes and license fees; refunds by counties and
municipalities; time for filing claim...................................................................HB 1227
Refer to numerical index for page numbers
INDEX
4953
Taxes and license fees; refunds by counties and municipalities; time for filing claim...................................................................HB 1286
Transportation Safety Act of 2002; enact; Transportation Passenger Safety Act ..........................................................................................HB 1060
Uniform rules of the road; radar; certain residential area .......................................HB 454 Water supply systems employees; criminal records checks
and fingerprinting ...............................................................................................HB 1428 Water well contractor or driller; actions affecting floridan aquifer ......................HB 1239
COUNTY BOARDS OF HEALTH Exofficio members; revise population figures ......................................................HB 1487 Mental health, developmental disabilities, and addictive diseases; regional planning boards; community service boards; state ombudsman .....................................................................................HB 498 Public health emergencies and bioterrorism; reporting requirements and response provisions.................................................................. SB 385 Soil classifier; on-site sewage management systems ............................................HB 1237
COURTS (Also, see Crimes and Offenses or Criminal Procedure) Alcovy Judicial Circuit; add judge........................................................................HB 1175 Appellate review; criminal cases; judgments, rulings, decisions, motions; summary judgments; jurisdiction ........................................ SB 393 Atlanta, City of; city court; clerks and administrator............................................HB 1339 Atlantic Judicial Circuit and Tifton Judicial Circuit; change terms; superior court clerks; additional compensation......................................... SB 534 Bondsmen and bail recovery agents; continuing education ................................... SB 530 Brain and Spinal Injury Trust Fund Commission; membership ............................. SB 364 Certain convicted felons; restoration of right to vote - CA.....................................HR 792 Certain counties; superior court clerk; repeal Act providing additional compensation.....................................................................................HB 1421 Cherokee Judicial Circuit; judges and district attorney; supplement....................HB 1612 Civil actions in state courts; monetary limit; jury of 12 .......................................HB 1575 Civil actions; mediation requirement ....................................................................HB 1005 Civil cases; grounds for continuance; General Assembly members and staff during legislative sessions ...................................................HB 1320 Civil cases; pretrial order; additional witnesses....................................................HB 1116 Civil cases; service of process in foreign countries; pretrial orders; additional expert witnesses....................................................................... SB 346 County and state ordinances; violation; increased jail punishment ......................HB 1511 County Boards of Elections and Registration; creation ............................................ SB 32 County law libraries; additional libraries for certain court officers......................HB 1332
Refer to numerical index for page numbers
4954
INDEX
County law libraries; use of funds for state court judges' library........................... SB 495 Court reporters; insurance premiums; certain indemnity......................................HB 1380 Criminal case data; electronic transmission ............................................................HB 948 Evidence; certain proceedings; redefine qualified interpreter ..............................HB 1080 Family violence; repeat offenders; setting of bail..................................................... SB 36 Fines and forfeitures; surplus funds; indigent defense..........................................HB 1505 Georgia Clean Communities Act of 2002; enact ..................................................HB 1343 Georgia Courts Automation Commission; advisory council;
Georgia Technology Authority ............................................................................HB 681 Grand juries; transcription provisions; certain counties,
population classification.....................................................................................HB 1437 Habeas corpus; persons under sentence; filing petitions;
statute of limitations; interstate transfer of prisoners .......................................... SB 206 Juvenile court judges; compensation; future salary adjustments ........................... SB 437 Juvenile courts; transfer of cases from superior courts...........................................HB 269 Juvenile proceedings; amend provisions.................................................................HB 127 Juvenile proceedings; certain cost of care; discovery.............................................HB 642 Juvenile proceedings; efforts to preserve and reunite families; provisions ............ SB 428 Juvenile proceedings; photographing certain children; authorization ..................HB 1105 Laws and provisions; classification by population; revise....................................HB 1489 Magistrate courts; jurisdiction; child abandonment cases ....................................HB 1061 Magistrate courts; training requirements; certain magistrates ................................HB 357 Magistrates; minimum salary................................................................................HB 1547 Medical examiners; authority to subpoena records; autopsy
photographs; exempt from public disclosure ....................................................... SB 110 Minors; person in loco parentis; revise laws.........................................................HB 1323 Municipal courts; misdemeanors; trials; accusation or citation............................HB 1169 Paulding Judicial Circuit; create; amend Tallapoosa Circuit..................................HB 990 Probate court judges; change certain fees; clarify provisions...............................HB 1279 Probate court judges; eligibility requirements; certain counties ...........................HB 1064 Prosecuting attorneys; appointment of substitute when
district attorney or solicitor-general disqualified ................................................. SB 276 Prosecuting Attorneys Council; certain ministerial functions;
transfer from Department of Administrative Services ......................................... SB 307 Sheriffs; certain service in civil cases; increase fee ................................................HB 829 Speeding fines; reports by courts; uniform traffic citation ...................................HB 1610 State Court Judges, Council of; officers and executive committee ......................HB 1291 State court judges; election and reelection; qualifications...................................... SB 220 Summons; service by private detectives ...............................................................HB 1065 Superior court clerks; fees; repeal certain sunset provisions ................................HB 1104 Superior court clerks; recording liens, deeds, and other
documents; revise provisions .............................................................................HB 1582
Refer to numerical index for page numbers
INDEX
4955
Superior courts; certain military records; exempt from public inspection............HB 1203 Supreme Court jurisdiction to answer questions of law
from any state appellate or federal court - CA ..................................................... SR 600 Tifton Judicial Circuit; change terms of court ......................................................HB 1604 Wills; probate codes; amend provisions .................................................................HB 639
COWETA COUNTY Commissioner districts; reapportion .....................................................................HB 1655 Education districts; reapportion ............................................................................HB 1623 Grant easement ....................................................................................................... SR 575 Homestead exemption; increase amount...............................................................HB 1646 Homestead exemptions; certain residents ...............................................................HB 989
CRAWFORD COUNTY; education districts; reapportion ...................................HB 1685
CRIMES AND OFFENSES (CRIMINAL CODE) Aborted fetuses; unlawful disposal; additional penalties......................................HB 1674 Aggravated stalking; violation of good behavior order ........................................HB 1206 Assault, aggravated assault, reckless conduct; amend provisions ........................HB 1107 Assault and battery against public transit and school bus operators; penalties ....HB 1299 Bingo games; fee for conducting; participation in operations ..............................HB 1329 Child endangerment law; criminal penalties; punishment ...................................... SB 407 Communications; terrorism; interception warrants...............................................HB 1130 Computer pornography and child exploitation; increase penalties .........................HB 852 Computer pornography; unlawful sexual offenses involving children; felony penalty........................................................................................ SB 432 Computers; Internet safety policy; schools and public libraries; conditional funding ............................................................................... SB 387 Controlled substance analog; definition; provisions .............................................HB 1186 Controlled substances and dangerous drugs; amend provisions ...........................HB 1185 County boards of family and children services; removal of members upon conviction of crime involving moral turpitude............................ SB 510 Crimes and offenses; forcible misdemeanor; redefine............................................HB 690 Crimes; certain air bag installation; prohibition....................................................HB 1192 Crimes; certain convictions; serve entire sentence - CA ........................................HR 740 Crimes; false reports; change criminal penalty.....................................................HB 1803 Crimes; offense of aggravated sexual assault; penalties .........................................HB 634 Criminal procedure; prosecution of serious violent crimes; commencement period; crimes involving children who are victims .................. SB 333 Criminal trespass; certain sexual offenders; school safety zones ...........................HB 407 Cruelty to children in second degree; add nonmerger provision ..........................HB 1062
Refer to numerical index for page numbers
4956
INDEX
Cruelty to children; sexual abuse of a minor under age 16; criminal penalties ................................................................................................. SB 187
Cruelty to elderly person; additional acts of harm; exception ..............................HB 1585 Driving under the influence; drivers' licenses; chemical tests;
open containers in vehicles; fleeing from police.................................................. SB 482 Escape; redefine; child support or alimony arrearage...........................................HB 1257 False driver's license or identification; prohibition; penalties..............................HB 1131 Firearms; eliminate victim disarmament zones.......................................................HB 304 Firearms; license to carry; prohibition; certain conviction ...................................HB 1633 First trimester abortions; regulate certain facilities.................................................HB 953 Forfeited property; distribution; land bank authorities ...........................................HB 783 Forfeiture of property; controlled substances; disposition of proceeds ................HB 1338 Fraud; failure to pay; certain minerals and rock products.....................................HB 1201 Georgia Clean Communities Act of 2002; enact ..................................................HB 1343 Homeland Defense Act; enact; domestic terrorism subject to RICO Act............... SB 320 Identity fraud; define offense; victim assistance; proper
business records disposal...................................................................................... SB 475 Loaded firearms in private motor vehicles; authorize.............................................HB 144 Obscene material; distribution; increase penalties................................................HB 1366 Offense of abuse of a dead body prior to interment; felony penalty....................... SB 474 Pardons and paroles; define serious felony; minimum term...................................HB 969 Probate court judges; change certain fees; clarify provisions...............................HB 1279 Public health emergencies and bioterrorism; reporting
requirements and response provisions.................................................................. SB 385 Public records; protected information; government emergency
security plans against terrorist or other attack...................................................... SB 396 Rape; female under age 12 ....................................................................................HB 1168 Rifles and shotguns; interstate purchases; amend certain provisions ...................HB 1457 Sexual offender registration requirements; internet access;
schools and day-care facilities............................................................................HB 1054 Sexual offender registration requirements; internet access;
schools and day-care facilities.............................................................................. SB 433 Sexual offenses; change provisions relating to sexual assault ................................HB 537 Stalking victim; notification; dispositive or sentencing hearing...........................HB 1500 Substance Abuse and Crime Prevention Act of 2001; enact...................................HB 743 Wiretapping and surveillance; investigative warrants; access
to stored wire and electronic communications..................................................... SB 459 Theft by deception; certain victims; information about offender .........................HB 1079 Transportation Safety Act of 2002; enact; Transportation
Passenger Safety Act ..........................................................................................HB 1060
Refer to numerical index for page numbers
INDEX
4957
Transportation Security Act of 2002; passenger safety; false alarms; terroristic threats ...................................................................................... SB 330
Violent Video Game Protection Act; enact...........................................................HB 1378
CRIMINAL PROCEDURE Appellate review; criminal cases; judgments, rulings, decisions, motions; summary judgments; jurisdiction ......................................... SB 393 Arrests for motor vehicle violations; reports by school bus drivers or other recorded visual evidence ............................................................ SB 296 Bondsmen and bail recovery agents; continuing education.................................... SB 530 Bondsmen; criminal background check ................................................................HB 1556 Court cases; grounds for continuance; General Assembly members and staff during legislative sessions ...................................................HB 1320 Crimes; certain convictions; serve entire sentence - CA ........................................HR 740 Death penalty cases; appeals; Attorney General notify victim's family...............HB 1070 Extradition; recovery of expenses .........................................................................HB 1451 Family violence; repeat offenders; setting of bail..................................................... SB 36 Fines and forfeitures; surplus funds; indigent defense..........................................HB 1505 Georgia Racial Justice Act; enact; death sentence based on race; prohibit ..........HB 1211 Graffiti; local government compensation programs .............................................HB 1726 Insanity plea; amend provisions..............................................................................HB 971 Medical examiners; authority to subpoena records; autopsy photographs; exempt from public disclosure ....................................................... SB 110 Municipal courts; misdemeanors; trials; accusation or citation............................HB 1169 Penal institutions; split sentence probationers; supervision....................................HB 791 Private security guards; arrest powers .................................................................... SB 168 Prosecuting attorneys; appointment of substitute when district attorney or solicitor-general disqualified ................................................. SB 276 Prosecution of serious violent crimes; commencement period; crimes involving children who are victims.............................................. SB 333 Prosecution; serious violent offenders; extend limitations; DNA evidence ...........HB 410 Rape; statute of limitations......................................................................................HB 653 Victim compensation awards; maximum amounts; probation fees ......................HB 1142
CRISP COUNTY; commissioner districts; reapportion.........................................HB 1102
CRUELTY TO CHILDREN Child endangerment law; criminal penalties; punishment ...................................... SB 407 Second degree; add nonmerger provision .............................................................HB 1062
CSX RAILROAD; urge clean up action on properties and rights of way .............HR 1080
Refer to numerical index for page numbers
4958
INDEX
CULLODEN HIGHLAND GAMES AND SCOTTISH FESTIVAL; invite city officials and certain members to House.........................HR 1488
D
DADE COUNTY Commissioner districts; reapportion .................................................................... HB 1811 Create office of commissioner; repeal certain Act............................................... HB 1800 Homestead exemption ............................................................................................ HB 918 Homestead exemption ............................................................................................ HB 919
DAN AND MARIE BRANCH HIGHWAY; designate ......................................... SR 490
DANIELL, BARBARA A.; compensate................................................................. HR 802
DAN J. DELOACH HIGHWAY; designate........................................................... SR 691
DAWSON COUNTY Commissioner districts; reapportion .................................................................... HB 1404 Education districts; reapportion ........................................................................... HB 1403 Etowah Water and Sewer Authority; revenue bonds; amend provisions............. HB 1586 Lake Sidney Lanier Watershed Governance Council; membership .................... HB 1783
DAY CARE Georgia Building Authority; operation of child care and child development centers .................................................................................... SB 409 Income tax credit; qualified child care expenses ................................................. HB 1251 Sexual offender registration requirements; internet access; schools and day-care facilities........................................................................... HB 1054 Sexual offender registration requirements; internet access; schools and day-care facilities.............................................................................. SB 433
DEAD BODIES Abandonment; crematory regulation; patient access to health care records........ HB 1481 Minors; person in loco parentis; revise laws........................................................ HB 1323 Offense of abuse of a dead body prior to interment; felony penalty....................... SB 474
DEAF PERSONS (See Handicapped Persons)
DEAN BRYANT INTERSECTION; designate...................................................... SR 557
Refer to numerical index for page numbers
INDEX
4959
DEATH PENALTY Appeals; Attorney General notify victim's family............................................... HB 1070 Appellate review; criminal cases; judgments, rulings, decisions, motions; summary judgments; jurisdiction ........................................ SB 393 Coroners; certain counties; additional compensation .......................................... HB 1490 Georgia Racial Justice Act; enact; death sentence based on race; prohibit ......... HB 1211 House Study Committee on the Death Penalty; create ........................................ HR 1594
DEBORAH GREEN JACKSON ESTATE Gift to Southwestern College in 1948; urge recognition and placque ................. HR 1457
DEBTOR AND CREDITOR Summons of garnishment; copy of perfected service .......................................... HB 1072 Uniform Fraudulent Transfers Act; enact ................................................................ HB 84
DECATUR COUNTY Commissioner districts; reapportion .................................................................... HB 1635 Decatur County-Gilbert H. Gragg Library; commend......................................... HR 1662 Education districts; reapportion ........................................................................... HB 1732 State court judge and solicitor; compensation ..................................................... HB 1734
DEEDS Superior court clerks; recording liens, deeds, and other documents; revise provisions ............................................................................ HB 1582
DEFINED CONTRIBUTION PLAN Employees' Retirement; certain defined contribution membership; transfer ........ HB 970
DEKALB COUNTY Ad valorem tax payments; population and census application ............................... SB 405 Board of commissioners and chief executive officer; compensation .................... SB 311 Board of commissioners; election districts; change description ............................. SB 400 Board of education; reapportion election districts .................................................. SB 557 Civic center authority; quorum ............................................................................ HB 1395 Collection of school taxes by tax commissioner.................................................... HB 623 Community improvement districts; extend time to create ..................................... SB 525 Energy from landfill resources; urge pilot project ............................................... HR 1077 Exercise redevelopment powers; referendum ...................................................... HB 1207 Homestead exemption; certain citizens................................................................ HB 1640 Homestead exemption; certain citizens................................................................ HB 1641 Homestead exemption; certain residents.............................................................. HB 1636 Homestead exemption; delete certain income limitation ..................................... HB 1357
Refer to numerical index for page numbers
4960
INDEX
Homestead exemption; delete income limitation................................................. HB 1235 Intangible recording tax; commissions ................................................................... SB 354 Recorder's court; imposition of punishments ...................................................... HB 1644 State court; add judge........................................................................................... HB 1837 State court; fees .................................................................................................... HB 1649
DENTISTS AND DENTAL HYGIENISTS Dental services for pregnant women; urge Medicaid coverage ........................... HR 1149 Dentistry, Georgia Board of; membership ........................................................... HB 1768 Dentistry; practicing without license; penalty...................................................... HB 1622 Dentists; mercury amalgam fillings; prohibitions................................................ HB 1715 Evidence; medical bills pertaining to civil trial; identification............................ HB 1238 Health care practitioners; credentialing data; centralized collection ..................... HB 356
DEVELOPMENT AUTHORITIES Amend appointment powers................................................................................. HB 1708 Sales tax exemption; local projects for expansion of business ............................ HB 1558
DEWAYNE KING, USMC, MEMORIAL BRIDGE Designate .............................................................................................................. HR 1078 Designate .............................................................................................................. HR 1348
DIGITAL EQUIPMENT AND COMPUTERS Children's Internet Protection Act; enact............................................................. HB 1364 Computer Equipment Disposal and Recycling Council; create................................. HB 2 Computer pornography and child exploitation; increase penalties ........................ HB 852 Computer pornography; unlawful sexual offenses involving children; felony penalty ....................................................................... SB 432 Computers; Internet safety policy; schools and public libraries; conditional funding ............................................................................... SB 387 Courts; criminal case data; electronic transmission ............................................... HB 948 Drivers' licenses; mail or electronic renewal....................................................... HB 1739 Income tax; technology upgrade expenditures; credit ......................................... HB 1464 Insurance; retail vendors of communications equipment; limited license........... HB 1369 Obscenity and Pornography Complaints Ombudsman; create ............................ HB 1365 Public agencies; geographic information systems; authorize state to sell information ....................................................................... SB 406 Sales tax; exempt certain school supplies, clothing, and computer items; limited time............................................................................. HB 1312 Students; electronic communication devices; exception to prohibition............... HB 1044 Students; electronic communication devices; exception to prohibition.................. SB 336 State auditor; special audits; authority and powers; confidentiality .................... HB 1285
Refer to numerical index for page numbers
INDEX
4961
Telework Study Commission; create ..................................................................... HR 984 Violent Video Game Protection Act; enact.......................................................... HB 1378 Wiretapping and surveillance; investigative warrants; access
to stored wire and electronic communications..................................................... SB 459
DILLARD, CITY OF; corporate limits ................................................................ HB 1830
DISABLED AMERICAN VETERANS INTERSECTION; designate ............... HR 280
DISABLED PERSONS (See Handicapped Persons)
DISTILLED SPIRITS (Also, see Alcoholic Beverages and Alcoholism) Certain alcoholic beverage facilities; parking lots; prohibitions ......................... HB 1702 Retail package store; location restriction; certain waiver .................................... HB 1724 Retail package store; location; waive certain restriction...................................... HB 1706 Wine or fermented beverages; sales by the drink; local excise taxes .................. HB 1394
DISTRICT ATTORNEYS Appointment of substitute when district attorney or solicitor-general disqualified................................................................................ SB 276 Judicial Retirement; certain military service; creditable service ............................HB 963 Judicial Retirement; 30 years' service ....................................................................HB 962 Prosecuting Attorneys Council; ministerial functions; transfer from Department of Administrative Services ...................................................... SB 307
DIVORCE (See Domestic Relations)
DOGS Animal protection; county and municipal ordinances ............................................ SB 399 Animals; certain facilities; local zoning and animal control regulations............. HB 1637 Assistance dogs; interfering with, assaulting, injuring; penalties ........................ HB 1645 Dog and cat sterilization program; license plates promoting................................. HB 945 Dog and cat sterilization program; special license plate funding CA................. HR 264 Pen raised quail; training pointing and retrieving dogs ....................................... HB 1058
DOMESTIC RELATIONS Adoption; records access; certain birth certificates ............................................. HB 1127 Alimony and child support; financial condition of parties; judgments................ HB 1647 Child custody; joint physical custody; court designates custodial parent............ HB 1039 Child endangerment law; criminal penalties; punishment ...................................... SB 407 Child support enforcement; medical support; bank match registry; amend provisions ................................................................................ HB 1224
Refer to numerical index for page numbers
4962
INDEX
Family violence intervention programs; operation and certification ...................... SB 467 Family violence; repeat offenders; setting of bail..................................................... SB 36 Grandparent visitation; petition; filing; fees ........................................................ HB 1094 Homestead exemption; married person not living with spouse ............................. HB 331 Interest; alimony or divorce payments; 30 days late.............................................. HB 492 Marriage irretrievably broken; time limit for granting divorce ........................... HB 1624 Parent and child; establishing paternity; legitimation.......................................... HB 1172 Postmajority child support; mentally or physically disabled child ...................... HB 1412 Prosecuting Attorneys Council; certain ministerial functions;
transfer from Department of Administrative Services ......................................... SB 307 Safe Place for Newborns Act of 2002; enact ......................................................... HB 360 Safe Place for Newborns Act of 2002; enact ....................................................... HB 1718
DOMESTIC TERRORISM (See Terrorism)
DOOLY COUNTY Commissioner districts; reapportion .................................................................... HB 1363 Education districts; reapportion ........................................................................... HB 1555
DOUGHERTY COUNTY Chehaw Park Authority; comprehensive revision of Act creating ...................... HB 1769 Commissioner districts; reapportion .................................................................... HB 1376 Education districts; reapportion ........................................................................... HB 1381
DOUGLAS COUNTY Board of education; compensation....................................................................... HB 1379 Commissioner districts; reapportion .................................................................... HB 1488 Douglasville-Douglas County Water and Sewer Authority; amend provisions............................................................................................... HB 1651 Education districts; reapportion ........................................................................... HB 1480 West Georgia Regional Water Authority; remove Douglas County as member............................................................................................. HB 1542
DOUGLASVILLE, CITY OF Douglasville-Douglas County Water and Sewer Authority; amend provisions............................................................................................... HB 1651
DRENNER, HONORABLE CARLA; committee assignment.............................. Page 84
DRIVER TRAINING INSTRUCTORS AND SCHOOLS Drivers' licenses; application of minor; additional signer ................................... HB 1179 Drivers' licenses; restoration; completion of certain courses or programs............ HB 480
Refer to numerical index for page numbers
INDEX
4963
Motor vehicles; instruction permits; display of certain decals ............................ HB 1600 Regulate................................................................................................................ HB 1298
DRIVERS' LICENSES Aliens; amend provisions ..................................................................................... HB 1008 Application of minor; additional signer ............................................................... HB 1179 Class D eligibility; exempt certain 17-year-olds.................................................. HB 1254 Class D permits; change limitations..................................................................... HB 1255 Driving privileges; suspension; failure to respond to traffic citation in federal court......................................................................................... SB 401 Driver training schools and instructors; regulate ................................................. HB 1298 Driving under the influence; certain administrative proceedings; amend provisions ......................................................................... HB 1506 Driving under the influence; drivers' licenses; chemical tests; open containers in vehicles; fleeing from police.................................................. SB 482 False driver's license or identification; prohibition; penalties............................. HB 1131 Federal vehicle standards; truck equipment; commercial vehicle operators; carriers; chauffeur's permits ................................................... SB 488 Identity fraud; define offense; victim assistance; proper business records disposal...................................................................................... SB 475 Issuance in border states or countries; authorize use in Georgia ........................... HB 983 Minors; person in loco parentis; revise laws........................................................ HB 1323 Motor vehicle registration; suspension, cancellation, revocation; amend provisions; proof of insurance ............................................ HB 1314 Motor vehicles; instruction permits; display of certain decals ............................ HB 1600 Negligent drivers; improper use of mobile phones resulting in an accident; points assessment and fine ........................................................... SB 167 Renewal by mail or electronic transmission ........................................................ HB 1368 Renewal by mail or electronic transmission ........................................................ HB 1739 Restoration; completion of certain courses or programs........................................ HB 480 Revocation of minor's driver's license; withdrawal of parental consent............. HB 1529 Speeding fines; reports by courts; uniform traffic citation .................................. HB 1610
DRIVING UNDER THE INFLUENCE Certain administrative proceedings; amend provisions ....................................... HB 1506 License restoration; completion of certain courses or programs ........................ HB 480 Revise provisions; drivers' licenses; chemical tests; open containers in vehicles; fleeing from police .......................................................... SB 482
DR. MARTIN LUTHER KING, JR. Express support for construction of national memorial in Washington; urge donation of Georgia granite .................................................... SR 500
Refer to numerical index for page numbers
4964
INDEX
DRUGS AND DRUG DEPENDENCY AND ABUSE Controlled substances and dangerous drugs; amend provisions .......................... HB 1185 Drivers' licenses; restoration; completion of certain courses or programs............................................................................................. HB 480 Driving under the influence; certain administrative proceedings; amend provisions ......................................................................... HB 1506 Driving under the influence; drivers' licenses; chemical tests; open containers in vehicles; fleeing from police.................................................. SB 482 Firearms; license to carry; prohibition; certain conviction .................................. HB 1633 House Study Committee on the Organization of the Public Delivery System for Mental Health, Mental Retardation, and Substance Abuse Services; create ................................................................ HR 648 Joint Task Force on Developing a Federally Funded Drug Benefit for Low-Income Elderly Citizens; create ............................................... HR 432 Medical patient records; privacy regulations; release and handling; subpoenas; liability............................................................................... SB 210 Oral anticancer drugs; urge Congress require Medicare to cover........................ HR 1118 Pharmacy technicians; pharmacy benefit managers; outdated drugs; credit for return......................................................................................... HB 585
E
EARL PAULK PARKWAY; designate .................................................................. SR 585
EARLY COUNTY Commissioner districts; reapportion .................................................................... HB 1686 Education districts; reapportion ........................................................................... HB 1687
EASTMAN, CITY OF Corporate limits.................................................................................................... HB 1822 New charter .......................................................................................................... HB 1701
EAVESDROPPING Communications; terrorism; interception warrants.............................................. HB 1130 Wiretapping and surveillance; investigative warrants; access to stored wire and electronic communications..................................................... SB 459
ECONOMY AND ECONOMIC DEVELOPMENT Investment Capital Study Committee; create.......................................................... SR 668 Joint Study Committee on Economic Development through the Investment of State Pension Funds into Private Equities; create ................ HR 1372
Refer to numerical index for page numbers
INDEX
4965
Manufacturing Extension Partnership; urge Congress restore funding ............... HR 1324 Power Alley Development Authority Act; enact ................................................... HB 744
EDUCATION Accountability; certain actions by local boards; enhanced annual report.............. HB 473 After-school programs for certain students; state grants......................................... SB 384 Arrests for motor vehicle violations; reports by school bus drivers or other recorded visual evidence ............................................................ SB 296 Assault and battery against public transit and school bus operators; penalties ... HB 1299 Atlanta Board of Education Charter Review Commission; create ......................... SR 608 Bacterial meningitis; Department of Human Resources provide information to schools.......................................................................... HB 1599 Boards of education; certain member prohibition; exception .............................. HB 1665 Certain advanced placement exam fees; payment ................................................. HB 554 Certain advanced placement exam fees; payment ................................................. HB 976 Certain controversial subjects; urge Education Department develop curricula... HR 1537 Certain manufacturer or vendor compensation; prohibit ....................................... HB 956 Certified school social worker specialists; salary; certain leave.......................... HB 1208 Charter schools; comprehensive revision of provisions....................................... HB 1200 Charter schools; funding provisions - CA.............................................................. HR 850 Children of certain deceased law enforcement officers; urge free college tuition..................................................................................... HR 1538 Children's Internet Protection Act; enact............................................................. HB 1364 Colleges; certain foreign students; report to Immigration and Naturalization Service ................................................................................ HB 1231 Colleges; secondary enrollment for credit; grant account; amend....................... HB 1557 Commission on Psychiatric Medication of School-Age Children; create ............. HR 946 Computers; Internet safety policy; schools and libraries; conditional funding ...... SB 387 Contracts and purchases; rules and regulations ................................................... HB 1493 Contracts with principals; date for tendering ....................................................... HB 1230 Criminal trespass; certain sexual offenders; school safety zones .......................... HB 407 Curriculum; scientific theories ............................................................................. HB 1563 Department of Defense and Georgia Military College; contract provisions ....... HB 1620 Disciplinary decisions; appeals .............................................................................. HB 619 Driver training schools and instructors; regulate ................................................. HB 1298 Education funding; impose 1% sales tax; repeal ad valorem tax - CA................ HR 1112 Education funding; repeal ad valorem tax; impose 3% sales tax - CA................ HR 1139 Education funding; repeal ad valorem tax; impose sales tax - CA ...................... HR 1079 Education loan forgiveness programs; certain attorneys; Georgia Student Finance Authority...................................................................... SB 465 Education Resources Act for Improving Georgia's Lowperforming Schools; enact.................................................................................... SB 329
Refer to numerical index for page numbers
4966
INDEX
Excellence in Academic Achievement Act: Straight A's; enact......................... HB 1483 Georgia Safe Schools Act; adopt; pest management programs ........................... HB 1242 Georgia's Pre-K Program; rename pre-kindergarten program................................. HB 97 Health; hepatitis C; urge increased awareness ..................................................... HR 1536 High school diplomas; issue to certain veterans of the Korean
and Vietnam conflicts........................................................................................ HB 1068 High school diplomas; issue to certain veterans .................................................. HB 1098 High school region athletic competition; travel distance..................................... HB 1123 HOPE scholarships; eligibility; certain private school graduates ........................ HB 1522 HOPE scholarships; eligibility; undocumented immigrants ................................ HB 1810 HOPE scholarships; prorated awards for certain disabled students........................ SB 367 HOPE scholarships; redefine "eligible high school" ............................................. HB 961 House Arts Education Study Committee; create.................................................. HR 1322 House Collegiate Athletic Association Disciplinary Study
Committee; create.............................................................................................. HR 1328 House Paraprofessionals Study Committee; create.............................................. HR 1413 House Student Financial Planning Study Committee; create .............................. HR 1652 House Study Committee on Technology Education; create ................................ HR 1038 House Study Committee on Uniform High School Grading; create.................... HR 1040 Income tax and Higher Education Savings Plan; amend provisions ................... HB 1328 Income tax and Higher Education Savings Plan; amend provisions ................... HB 1434 Income tax credit; certain persons; qualified education expenses ......................... HB 982 Individuals with Disabilities Education Act; eligibility of
home school children......................................................................................... HB 1590 Joint Study Committee on Early Childhood Education; create ........................... HR 1105 Joint Study Committee on Public School Size; create ........................................... HR 223 Local boards of education; health insurance; certain coverage ........................... HB 1121 Local sales taxes; limitation on levies; exclusions............................................... HB 1444 Mentoring program for certain teachers............................................................... HB 1588 Merit system; exclude Department of Technical and
Adult Education employees............................................................................... HB 1181 Minors; person in loco parentis; revise laws........................................................ HB 1323 Motor vehicle driving skills instructional video and manual
for new drivers; ETV broadcast and distribution to parents ................................ SB 246 Nationally certified teachers' effect on student performance;
annual assessment report ..................................................................................... SB 481 Nonpublic Postsecondary Educational Institutions Act;
amend provisions; Tuition Guaranty Trust Fund ................................................. SB 425 North Georgia College; award of abandoned military scholarships .................... HB 1205 Obscenity and Pornography Complaints Ombudsman; create ............................ HB 1365 Paraprofessionals; degree requirements; urge board of regents
adopt certain policy ............................................................................................. HR 789
Refer to numerical index for page numbers
INDEX
4967
Postsecondary and adult education; textbooks in alternative formats for disabled students............................................................................. HB 1342
Professional Standards Commission; renewable certificates; limitation ............... HB 125 Public schools; display of historical documents; private funding........................ HB 1540 Quality basic education; midterm adjustments; training and experience ............ HB 1197 Quality basic education; program weights; fund textbooks 100% ........................ HB 984 Regional educational service agencies; sales to private schools............................ HB 136 Sales tax for educational purposes; apply certain exemptions - CA.................... HR 1412 Sales tax; exempt certain clothing, wallets, and bags; limited time ...................... HB 439 Sales tax; exempt certain school supplies, clothing, and
computer items; limited time............................................................................. HB 1312 School councils; local boards of education; amend provisions ........................... HB 1196 School counselors with national certification; increase state salary....................... SB 226 School prayer; proposed amendment to U. S. Constitution; express support...... HR 1414 School prayer; urge congressional delegation support amendment........................ SR 637 School prayer; urge Congress pass constitution amendment allowing................ HR 1142 School principals; state supplement; periodic payments ....................................... HB 245 Schools; certain historical documents; authorize posting or reading................... HB 1027 Schools; electronic communication devices; delete prohibition.......................... HB 1044 Schools; electronic communication devices; exception to prohibition................... SB 336 Schools; extracurricular programs; eligibility of home school students.............. HB 1266 Schools; minimum age for enrollment; delete exception..................................... HB 1567 Schools; moment of quiet reflection; clarification............................................... HB 1171 Schools; prescribed courses; history of blacks and Hispanics
in the United States............................................................................................ HB 1173 Schools; students committing offense of bullying; discipline ............................... HB 977 Schools; students serving as poll officials; excused absence............................... HB 1296 Schools; visitors check in at designated location................................................... HB 161 Student codes of conduct; conduct on public school buses;
acts of physical violence; penalties ...................................................................... SB 291 Student self-administration of asthma medication; Kellen
Edwin Bolden Act ................................................................................................ SB 472 Supplemental appropriations; educational facilities; general obligation debt ..... HB 1000 Teachers and other personnel; certain forfeited leave; restoration ...................... HB 1280 Teachers; certain salary increase; delete 3-year requirement .............................. HB 1073 Teachers; national board certification; 10% increase in
state salary annually ............................................................................................. SB 368 Teachers; national certification program; amend................................................. HB 1477
ELBERT COUNTY Convey property...................................................................................................... SR 575 Form of government; advisory referendum ......................................................... HB 1812
Refer to numerical index for page numbers
4968
INDEX
ELDERLY Ad valorem tax exemption; change income limitation; include disabled............ HB 1282 Ad valorem tax; agricultural or conservation use covenants; homeowner tax relief grants .............................................................................. HB 1321 Cruelty to elderly person; additional acts of harm; exception ............................. HB 1585 House Study Committee on the Georgia Social Security Supplement Program; create ............................................................................. HR 1148 Income tax; retirement income exclusion; increase amount ................................ HB 1313 Industrial life insurance; notice of lapse or cancellation; limitations on premiums .................................................................................... HB 1078 Joint Task Force on Developing a Federally Funded Drug Benefit for Low-Income Elderly Citizens; create ............................................... HR 432 Medicare supplement insurance; disabled persons under 65 years...................... HB 1219 Special license plates; Thanks Mom and Dad Fund ............................................ HB 1316 Taxable net income; certain residents; exclude long-term care insurance........... HB 1322 Taxable net income; 65 years or older; exclude certain income.......................... HB 1373 Theft by deception; certain victims; information about offender ........................ HB 1079 Unpaid property taxes; waiver of interest .............................................................. HB 547
ELECTIONS Absentee voting; amend provisions ....................................................................... HB 112 Amend provisions ................................................................................................ HB 1213 Campaign contributions; judicial candidates; certain prohibition ....................... HB 1103 Campaign contributions; transfers; certain prohibition........................................ HB 1051 Certain convicted felons; restoration of right to vote - CA.................................... HR 792 Code corrections..................................................................................................... HB 997 Congressional districts; composition provisions.................................................. HB 1526 County boards of elections and registration; creation............................................... SB 32 Financial Disclosure Reform Act of 2002; enact.................................................... SB 285 Municipal candidates in certain cities; repeal majority vote provisions.............. HB 1435 Nomination of candidates by petition; number of signers required..................... HB 1305 On-site absentee voting period; provisions .......................................................... HB 1770 Political party primaries; procedures.................................................................... HB 1554 Polling places; elections; prohibit voice amplification devices ........................... HB 1092 Qualifying period; federal declaration of emergency .......................................... HB 1120 Schools; students serving as poll officials; excused absence............................... HB 1296 Tax defaulter; ineligible to hold public office - CA............................................... HR 126 Uniform system of direct recording electronic voting equipment; provisions .......................................................................................... SB 414 Voter Choice and Election Access Reform Act of 2001; enact............................. HB 814 Voter registration; application through Department of Natural Resources; hunting, fishing, trapping licenses ..................................... HB 1335
Refer to numerical index for page numbers
INDEX
4969
ELECTRICAL SERVICE Construction contractors; utility system; license requirements ........................... HB 1082 Electricity, natural gas, and telephone service rates; end authority of Public Service Commission to regulate........................................... HB 985 Eminent domain; electric transmission line; prohibit; exception......................... HB 1319 Eminent domain or condemnation; public utilities or services; local government approval ................................................................. HB 1273 Guaranteed Energy Cost Savings Act; enact ....................................................... HB 1659 Natural gas competition and deregulation; amend provisions ............................. HB 1117 Public utilities; requests for changes; time limits for orders................................ HB 1140 Utility contractors; license number on bid documents......................................... HB 1432
ELECTRONIC TECHNOLOGY AND TRANSMISSIONS Arrests for motor vehicle violations; reports by school bus drivers or other recorded visual evidence ............................................................ SB 296 Children's Internet Protection Act; enact............................................................. HB 1364 Communications; terrorism; interception warrants.............................................. HB 1130 Computer pornography; unlawful sexual offenses involving children; felony penalty........................................................................ SB 432 Computers; Internet safety policy; schools and public libraries; conditional funding ............................................................................... SB 387 Courts; criminal case data; electronic transmission ............................................... HB 948 Drivers' licenses; mail or electronic renewal....................................................... HB 1739 Drivers' licenses; renewal applications by mail or electronic transmission ........ HB 1368 Financial Disclosure Reform Act of 2002; enact.................................................... SB 285 Health reports submitted to General Assembly in electronic format for computer access .................................................................................. SB 546 House Study Committee on Technology Education; create ................................ HR 1038 Identity fraud; define offense; victim assistance; proper business records disposal...................................................................................... SB 475 Income tax; technology upgrade expenditures; credit ......................................... HB 1464 Motor vehicle driving skills instructional video and manual for new drivers; ETV broadcast and distribution to parents ................................ SB 246 Motor vehicle insurance; proof of coverage; state database .................................. HB 994 Negligent drivers; improper use of mobile phones resulting in an accident; points assessment and fine ............................................ SB 167 Obscenity and Pornography Complaints Ombudsman; create ............................ HB 1365 Open meetings; telecommunications conference; military duty............................ HB 981 Public agencies; geographic information systems; authorize state to sell information ........................................................................ SB 406 Schools; electronic communication devices; exception to prohibition................... SB 336 Schools; electronic communication devices; delete prohibition.......................... HB 1044
Refer to numerical index for page numbers
4970
INDEX
State auditor; special audits; authority and powers; confidentiality .................... HB 1285 Telework Study Commission; create ..................................................................... HR 984 Wiretapping and surveillance; investigative warrants; access to
stored wire and electronic communications ......................................................... SB 459
ELLAVILLE, CITY OF; new charter .................................................................. HB 1745
ELLIS ARNALL HIGHWAY Designate .............................................................................................................. HR 1082 Designate .............................................................................................................. HR 1222
EMANUEL COUNTY Commissioner districts; reapportion .................................................................... HB 1681 Education districts; reapportion ........................................................................... HB 1780
EMERGENCIES AND EMERGENCY MANAGEMENT Air ambulance emergency care and transportation; licensure ................................ SB 501 Disaster relief counselors assigned by American Red Cross; professional licensing exemption.............................................................. SB 491 Elections; qualifying period; federal declaration of emergency .......................... HB 1120 Emergency medical services; local governments designate ambulance providers.......................................................................................... HB 1031 Emergency situation at Tri-State Crematory; urge federal assistance ................. HR 1293 Fire, 911, and emergency organizations; state grants; provisions ....................... HB 1097 Holidays; "911 Heroes Appreciation Day"; create ................................................ HB 998 House Emergency Motorist Aid Study Committee; create.................................... HR 129 House Study Committee on Severe Weather Warning and Communications; create .................................................................................... HR 1493 Open records; emergency "911" calls; redact certain information ........................ HB 696 Public health emergencies and bioterrorism; reporting requirements and response provisions.................................................................. SB 385 Public records; protected information; government emergency security plans against terrorist or other attack...................................................... SB 396 State government buildings; GEMA emergency operations; coordinated interagency safety plannning............................................................ SB 365
EMINENT DOMAIN Electric transmission line; prohibit; exception..................................................... HB 1319 Eminent domain or condemnation; public utilities or services; local government approval ................................................................. HB 1273 Property owner's rights; just compensation; interference with property access .............................................................................................. SB 49
Refer to numerical index for page numbers
INDEX
4971
EMISSIONS, MOTOR VEHICLES Emission inspections; Board of Natural Resources; certain power ..................... HB 1108 Income tax credit; electric vehicle charger .......................................................... HB 1164 Income tax credits; low and zero emission vehicles; amend ............................... HB 1260 Low-speed vehicles; operation on public streets; income tax credits .................. HB 1389 Low-speed vehicles; operation on public streets; income tax credits; low-emission vehicles..................................................................... HB 1439 Motor vehicles; charging stations for electric vehicles; designate ...................... HB 1165
EMPLOYEES' RETIREMENT SYSTEM (See Retirement and Pensions or State Employees)
EMPLOYMENT Employment Security and Enhancement Act of 2002; enact................................. HB 342 Employment security; certain corporations; exclude services by owner............. HB 1455 Employment security; domestic employees; annual contributions.......................... HB 68 Employment security; tax surcharge; weekly benefit .......................................... HB 1725 Minors; certain employment; written parental permission ...................................... HB 13 Superior court clerks; recording liens, deeds, and other documents; revise provisions ............................................................................ HB 1582 Unemployment compensation; redefine employment; exempt certain services ....................................................................................... HB 967
ENERGY DeKalb and Fulton counties; energy from landfill resources; urge pilot project ............................................................................................... HR 1077 Guaranteed Energy Cost Savings Act; enact ....................................................... HB 1659 House Study Committee on the Development of Sustainable Energy in Georgia; create.................................................................................... HR 986 Plutonium transported through state; safety of citizens; urge congressional action to ensure........................................................................... HR 1692
ENGINEERS AND LAND SURVEYORS State Board of Registration; additional members ................................................... SB 441 Substantial revision of provisions ........................................................................ HB 1742
ENVIRONMENTAL PROTECTION (See Conservation and Natural Resources or Hazardous Substances)
EQUAL RIGHTS Administrative Services, Department of; minority business; certification .......... HB 1162 American Indian Concerns, Council on; membership; powers and duties .......... HB 1337
Refer to numerical index for page numbers
4972
INDEX
Cannon, William S. "Bill", V; African-American Business Enterprise Day founder; invite to House............................................................. HR 951
Commission on Fairness for Prisoners' Families; create..................................... HR 1326 First trimester abortions; regulate certain facilities................................................ HB 953 Georgia Racial Justice Act; enact; death sentence based on race; prohibit ......... HB 1211 Health insurance; breast cancer; coverage ............................................................... HB 79 Lagos, Nigeria; catastrophic events; express regret............................................... HR 973 Law enforcement officers; prohibit racial profiling............................................. HB 1190 Minorities; include females in definition ............................................................. HB 1627 Minority business enterprise; participation report;
Department of Administrative Services issue annually .................................... HB 1630 Minority business enterprise; redefine "minority"................................................. HB 738 Motor vehicle liability insurance; towing and storage;
insurance premium finance companies; amend provisions................................... HB 24 Schools; prescribed courses; history of blacks and
Hispanics in the United States........................................................................... HB 1173
EQUINE OR LLAMA ACTIVITIES Pick-your-own farms, equine or llama activities, fishing locations; liability ...... HB 1150
ESTATES (See Wills, Trusts, and Administration of Estates)
ETHICS IN GOVERNMENT Campaign contributions; judicial candidates; certain prohibition ....................... HB 1103 Campaign contributions; transfers; certain prohibition........................................ HB 1051 Financial Disclosure Reform Act of 2002; enact.................................................... SB 285
ETOWAH, CITY OF Etowah Water and Sewer Authority; revenue bonds; amend provisions............. HB 1586
EVIDENCE Appellate review; criminal cases; judgments, rulings, decisions, motions; summary judgments; jurisdiction ........................................ SB 393 Certain proceedings; redefine qualified interpreter.............................................. HB 1080 Medical bills pertaining to civil trial; identification ............................................ HB 1238 Medical patient records; privacy regulations; release and handling; subpoenas; liability............................................................................... SB 210 Minors; person in loco parentis; revise laws........................................................ HB 1323
EXAMINING BOARDS (See Licenses or Professions and Businesses)
Refer to numerical index for page numbers
INDEX
4973
EXCISE TAX Gateway Regional Information Center, Inc. Act; privatization of public rest stops; Cobb County ................................................. SB 305 Malt beverage excise taxes; excess proceeds; repeal certain provisions; population classification ..................................................... HB 1438 Wine or fermented beverages; sales by the drink; local excise taxes .................. HB 1394
EXECUTIONS AND JUDICIAL SALES Forfeited property; distribution; land bank authorities .......................................... HB 783 Property; nuisance abatement liens; tax liens and sales; judicial foreclosures; titles, interested parties; procedures................................... SB 462 Tax sales; excess funds; payment........................................................................... HB 337 Tax sales; redemption of property; amounts payable .......................................... HB 1138 Tax sales; redemption of property; price to redeem............................................. HB 1401
EXTRADITION; recovery of expenses ................................................................ HB 1451
F
FAMILY (Also, see Domestic Relations) Child abuse; access to records by child-caring and child-placing agencies ........ HB 1210 Child endangerment law; criminal penalties; punishment ...................................... SB 407 Employment Security and Enhancement Act of 2002; enact................................. HB 342 Family and children services; county board members; removal upon conviction of crime involving moral turpitude ........................................... SB 510 Family violence intervention programs; operation and certification ...................... SB 467 Juvenile proceedings; efforts to preserve and reunite families; provisions ............ SB 428 Marriage and families; public policy that strengthens; express support.............. HR 1042 Repeat offenders; setting of bail................................................................................ SB 36
FANNIN COUNTY Board of education; compensation....................................................................... HB 1615
FARMS AND FARM PRODUCTS Agricultural commodity commission employees; include in state employees' health insurance ..................................................................... HB 1494 Agricultural commodity commission employees; include in state employees' health insurance ........................................................................ SB 519 Agricultural commodity commissions; sales tax exemption ............................... HB 1180 Certain fuels for horticultural purposes; sales tax exemption.............................. HB 1515
Refer to numerical index for page numbers
4974
INDEX
Contracts; agricultural equipment dealers and sales; regulate ............................... HB 728 Erosion and sedimentation; soil analysis; compost and mulch............................ HB 1652 Fair Farming Act; enact........................................................................................ HB 1498 Family owned farm entities; preferential assessment; certain property - CA........ HR 140 Liquid petroleum gas for horticultural purposes; sales tax exemption ................ HB 1034 Nuisances; agricultural facilities and operations; definitions; state policy.......... HB 1087 Organic food or feed; registration and regulation ................................................... SB 361 Pick-your-own farms, equine or llama activities, fishing locations; liability ...... HB 1150 Vehicles and loads; exemption of certain equipment; change provision............. HB 1033 Vidalia onion; redefine........................................................................................... HB 789 Workers' compensation; farm laborers; amend provisions ................................... HB 952
FEDERAL GOVERNMENT Colleges; certain foreign students; report to Immigration and Naturalization Service ....................................................................................... HB 1231 Consumers' Health Insurance Protection Act; enact; COBRA ............................. HB 434 Congressional districts; composition provisions.................................................. HB 1526 Cuba; lift sanctions and normalize trade relations; urge Congress ...................... HR 1110 Elections; qualifying period; federal declaration of emergency .......................... HB 1120 Emergency situation at Tri-State Crematory; urge federal assistance ................. HR 1293 Flexible benefit plan; Federal-State Shipping Point Inspection Service and Firefighters' Pension Fund employees ........................... SB 408 House Study Committee on the Georgia Social Security Supplement Program; create ............................................................................. HR 1148 Human cloning; urge federal legislation to ban ................................................... HR 1612 International Transfer of Prisoners Act; enact ........................................................ SB 389 Joint Task Force on Developing a Federally Funded Drug Benefit for Low-Income Elderly Citizens; create ...................................... HR 432 Legislative and congressional reapportionment; requirements - CA..................... HR 837 Malt beverages; certain labels; urge Alcohol, Tobacco, and Firearms Bureau reconsider approval......................................................... HR 1227 Manufacturing Extension Partnership; urge Congress restore funding ............... HR 1324 Medicare supplement insurance; disabled persons under 65 ............................... HB 1219 Memorial Drive; redesignate portions of SR 154 and SR 10; repeal certain Resolution Act .............................................................................. HR 794 National missile defense system; urge Congress oppose..................................... HR 1651 Oral anticancer drugs; urge Congress require Medicare to cover........................ HR 1118 Plutonium transported through state; safety of citizens; urge congressional action to ensure................................................................... HR 1692 Prayer in school; proposed amendment to U.S. Constitution; express support ... HR 1414 Prayer in school; urge congressional delegation support amendment .................... SR 637 Prayer in school; urge Congress pass constitutional amendment allowing ......... HR 1142
Refer to numerical index for page numbers
INDEX
4975
Public Revenue Code; conform to federal law .................................................... HB 1026 Reapportionment by independent, nonpartisan commission; provisions - CA...... HR 803 Small pox and polio vaccinations for general population;
urge Congress provide......................................................................................... HR 801 State deferred compensation programs; certain employees participate .............. HB 1077 State funds; prohibition; certain agencies and corporations .................................. HB 980 State government; administer federal faith-based programs................................ HB 1407 Tax relief proposed by President Bush; urge congressional
delegation support ............................................................................................... HR 412 Toll revenues; urge using only for original projects ............................................ HR 1539 Transportation funds; allocation; certain waivers ................................................ HB 1587 Water well drilling equipment; urge Congress reclassify...................................... HR 209 Watson, Thomas E.; urge U. S. Postal Service adopt stamp honoring ................ HR 1221
FIDUCIARIES; trusts; delegation of certain fiduciary functions ......................... HB 1135
FINANCIAL INSTITUTIONS Bank acquisition; age requirement ......................................................................... SB 532 Banking and finance; Lending Compliance Act; enact........................................ HB 1191 Certain records; search warrant; disclosure ......................................................... HB 1678 Department of Banking and Finance; amend provisions ........................................ SB 353 Minorities; include females in definition ............................................................. HB 1627 Trusts; redefine "foreign corporation" ................................................................. HB 1176
FINES AND FORFEITURES Brain and Spinal Injury Trust Fund Commission; membership ............................. SB 364 Forfeited property; distribution; land bank authorities .......................................... HB 783 Forfeiture of property; controlled substances; disposition of proceeds ............... HB 1338 Georgia Clean Communities Act of 2002; enact ................................................. HB 1343 Surplus funds; indigent defense ........................................................................... HB 1505
FIRE PROTECTION AND SAFETY Class Nine Fire Department Pension; increase benefits ........................................ HB 252 Fire departments and firefighters; change certain requirements ............................ SB 515 Fire extinguishers and suppression systems; regulation; licensure......................... SB 358 Firefighter's Pension Fund; increase benefit; certain members............................. HB 255 Firefighters' Recognition Day; observe 30th annual ............................................. HR 961 Fire, 911, and emergency organizations; state grants; provisions ....................... HB 1097 Flexible benefit plan; Federal-State Shipping Point Inspection Service and Firefighters' Pension Fund employees ........................... SB 408 Holidays; "911 Heroes Appreciation Day"; create ................................................ HB 998
Refer to numerical index for page numbers
4976
INDEX
Indemnification; certain public safety employees; law enforcement officers; firefighters; change Code references .................................. SB 79
Indemnification of state highway employees, provisions; certain public safety employees; firefighters ......................................................... SB 61
Notaries public; personal knowledge of signer; prohibit certain fees.................. HB 1619 Property; nuisance abatement liens; tax liens and sales;
judicial foreclosures; titles; interested parties; procedures .................................. SB 462 Sales tax; exempt certain sales to volunteer fire departments.............................. HB 1243 State deferred compensation programs; certain employees participate ............... HB 1077
FIREARMS Eliminate victim disarmament zones ..................................................................... HB 304 License to carry; prohibition; certain conviction ................................................. HB 1633 Probate court judges; change certain fees; clarify provisions.............................. HB 1279 Rifles and shotguns; interstate purchases; amend certain provisions .................. HB 1457 Special license plates; National Rifle Association............................................... HB 1295 Transportation Safety Act of 2002; enact; Transportation Passenger Safety Act ......................................................................................... HB 1060
FISH AND FISHING (Also, see Game and Fish) Ad valorem tax; exempt certain commercial fishing vessels.............................. HB 1391 Ad valorem tax; exempt certain commercial dockside facilities ......................... HB 1288 Ad valorem tax; exempt certain commercial fishing vessels............................... HB 1287 Ad valorem tax; separate class; certain dockside facilities - CA........................... HR 364 Boats taking shrimp; certain limitation; not applicable to certain vessels........... HB 1699 Crabbing and crab possession; provisions; prohibitions...................................... HB 1057 Finfish; maximum legal size of red drum ............................................................ HB 1059 Game and fish; redefine "marine fish"; certain license ....................................... HB 1126 Gillis, Honorable Hugh Marion; name public fishing area honoring .................. HR 1541 Nongame wildlife; exemption from certain prohibition; amend description....... HB 1397 Nonresident or alien wholesale fish dealers; license fees .................................... HB 1088 Pick-your-own farms, equine or llama activities, fishing locations; liability ...... HB 1150 Game and fish violations; penalties; rules; creel limits .......................................... SB 347
FITZGERALD, CITY OF; certain officials; compensation ................................ HB 1252
FLOOD TOWN CHRISTMAS COMMUNITY Designate in Murray County................................................................................ HR 1087
FLOYD COUNTY; homestead exemption ........................................................... HB 1785
Refer to numerical index for page numbers
INDEX
4977
FLOYD, HONORABLE JOHNNY; committee assignment................................... Page 8
FOOD Ad valorem tax; exempt certain commercial dockside facilities ......................... HB 1288 Ad valorem tax; exempt certain commercial fishing vessels............................... HB 1287 Ad valorem tax; exempt certain commercial fishing vessels............................... HB 1391 Food sales establishments; post business licenses; milk standards...................... HB 1086 Food service establishments; refusal to serve certain customers in smoking section............................................................................ HB 1533 Grits; designate as official processed food............................................................. HB 993 Grits; designate as state official prepared food .................................................... HB 1297 House Study Committee on Universal School Breakfast; create........................... HR 983 National Nutrition Month in Georgia; designate March, 2002 ............................ HR 1224 Nonresident or alien wholesale fish dealers; license fees .................................... HB 1088 Organic food or feed; registration and regulation ................................................... SB 361 Sales tax exemption; certain food and beverage sales; amend provisions........... HB 1744 Sales tax for educational purposes; apply certain exemptions - CA.................... HR 1412 Sales tax; vending machines; exempt food and beverages .................................... HB 216
FORECLOSURE Abandoned vehicles; towing and storage charges; lien foreclosure procedures; certain paid parking lots, prohibit towing...................... SB 334 Transportable housing; certain foreclosure; liability to satisfy lien........................ SB 422
FOREIGN GOVERNMENTS Africa Day at the Georgia State Capitol; recognize February 27, 2002 .............. HR 1232 Civil cases; service of process in foreign countries; pretrial orders; additional expert witnesses....................................................................... SB 346 Colleges; certain foreign students; report to Immigration and Naturalization Service ....................................................................................... HB 1231 Cuba; lift sanctions and normalize trade relations; urge Congress ...................... HR 1110 International Transfer of Prisoners Act; enact ........................................................ SB 389 Office of International Protocol and Citizenship Assistance; create ................... HB 1032
FOREST AND PLANT RESOURCES Forest Heritage Trust Act; enact ............................................................................. SB 424 Forestry resources, streets, and roads; local government powers ........................ HB 1154 Qualified reforestation expenses; income tax credit ............................................ HB 1028 State Forestry Commission; add members............................................................. HB 129 Vehicles and loads; exemption of certain equipment; change provision............. HB 1033
FORFEITURE OF PROPERTY (See Fines and Forfeitures)
Refer to numerical index for page numbers
4978
INDEX
FORGERY AND FRAUD Crimes; certain air bag installation; prohibition................................................... HB 1192 False driver's license or identification; prohibition; penalties............................. HB 1131 Fraud; failure to pay; certain minerals and rock products.................................... HB 1201 Identity fraud; define offense; victim assistance; proper business records disposal...................................................................................... SB 475
FORSYTH COUNTY Board of commissioners; compensation; per diem expense allowance.................. SB 573 Commissioner districts; reapportion .................................................................... HB 1696 Education districts; reapportion ........................................................................... HB 1671 Lake Sidney Lanier Watershed Governance Council; membership .................... HB 1783 Homestead exemption ............................................................................................ HB 475 State court; add judge........................................................................................... HB 1672
FORT OGLETHORPE, CITY OF City manager; mayor's powers ............................................................................ HB 1760 Homestead exemption; certain residents.............................................................. HB 1759
FRANKLIN COUNTY Probate court judge; salary................................................................................... HB 1577 Superior court clerk; salary .................................................................................. HB 1578 Tax commissioner; salary..................................................................................... HB 1579
FRANKLIN, HONORABLE BOBBY; communication ..................................... Page 170
FRAUD (See Forgery and Fraud)
FUEL (See Gas, Gasoline, and Gas Service)
FULTON COUNTY Commissioner districts; reapportion .................................................................... HB 1232 Convey property................................................................................................... HR 1075 County Building Authorities Act; enact; certain counties ................................... HB 1512 County-wide library system; board of trustees .................................................... HB 1348 Education districts; reapportion ........................................................................... HB 1596 Education districts; reapportion ........................................................................... HB 1597 Energy from landfill resources; urge pilot project ............................................... HR 1077 Fulton County School Employees Pension; amend cost of living provisions ....... HB 949 Fulton County School Employees Pension; postretirement benefit increase ........ HB 947 Homestead exemption; assessed value; age and income ........................................ SB 471 Homestead exemption; certain residents.............................................................. HB 1267
Refer to numerical index for page numbers
INDEX
4979
Library board; membership.................................................................................. HB 1248 Repeal a local constitutional amendment relative to ad valorem taxation.............. SB 547 Tax commissioner; election ................................................................................. HB 1707 Tax commissioner; selection method...................................................................... SB 569 Intangible recording tax; commissions ................................................................... SB 354 Joint Study Committee on Expanding Old National
Highway (SR 279); create .................................................................................... SR 170
FUNERAL DIRECTORS AND EMBALMERS Abandonment of dead bodies; crematory regulation; patient access to health care records ............................................................................. HB 1481 Cremation; authorization provisions; immunity .................................................. HB 1634 Emergency situation at Tri-State Crematory; urge federal assistance ................. HR 1293 Funeral establishment or crematory; licensees; inspections ................................... SB 469 Funeral processions; redefine term; participating vehicle ..................................... SB 279 Offense of abuse of a dead body prior to interment; felony penalty....................... SB 474
G
GAINESVILLE, CITY OF; school board; compensation ................................... HB 1741
GAMALIEL HILSON OVERPASS; designate .................................................... HR 788
GAMBLING; Joint Study Committee on Gaming; create ...................................... HR 463
GAME AND FISH Boats taking shrimp; certain limitation; not applicable to certain vessels........... HB 1699 Crabbing and crab possession; provisions; prohibitions...................................... HB 1057 Dead animals; regulation of handling and disposal ................................................ SB 370 Deer and hog bait; mechanical feeder to scatter; license ..................................... HB 1095 Finfish; maximum legal size of red drum ............................................................ HB 1059 Gillis, Honorable Hugh Marion; name public fishing area honoring .................. HR 1541 Hunting; bear and deer; season and bag limits..................................................... HB 1158 Hunting; deer and feral hogs; baiting or luring with food; license fees for wildlife management................................................................... SB 369 Nongame wildlife; exemption from certain prohibition; amend description....... HB 1397 Pen raised quail; training pointing and retrieving dogs ....................................... HB 1058 Pick-your-own farms, equine or llama activities, fishing locations; liability ...... HB 1150 Redefine "marine fish"; certain license................................................................ HB 1126 Violations; penalties; rules; creel limits .................................................................. SB 347
Refer to numerical index for page numbers
4980
INDEX
Voter registration; application through Department of Natural Resources; hunting, fishing, trapping licenses .................................................. HB 1335
Wildlife Violator Compact; enact ........................................................................ HB 1056 Wildlife Violator Compact; enact; crossbows; handguns;
deer and bear seasons ........................................................................................ HB 1174
GARDEN CITY, CITY OF; mayor and council; terms; elections ..................... HB 1668
GARDNER, HONORABLE PAT Committee assignment ............................................................................................. Page 9 Election..................................................................................................................... Page 4 Oath of office ........................................................................................................... Page 5
GARNISHMENT; summons; copy of perfected service ...................................... HB 1072
GAS, GASOLINE AND GAS SERVICE Electricity, natural gas, and telephone service rates; end authority of Public Service Commission to regulate........................................... HB 985 Eminent domain or condemnation; public utilities or services; local government approval ................................................................. HB 1273 Gas marketers and telemarketers; switching consumers' gas supplier .................. HB 957 Guaranteed Energy Cost Savings Act; enact ....................................................... HB 1659 Joint Study Committee on Alternative and Environmentally Sensitive Truck Fuels; create ............................................................................... SR 604 Natural gas; certain actions; urge Public Service Commission investigate and make recommendations............................................................ HR 1458 Natural Gas Competition and Deregulation Act; repeal ........................................ HB 999 Natural gas competition and deregulation; amend provisions ............................. HB 1117 Natural gas; consumer failure to pay; prohibition.................................................. HB 987 Natural Gas Consumers' Relief Act; enact .......................................................... HB 1568 Natural Gas Consumers' Relief Act; enact a consumer bill of rights ..................... SB 500 Natural gas; determination of consumer price; prohibition ................................... HB 986 Natural gas; single regulated marketer; provisions.............................................. HB 1063 Public utilities; requests for changes; time limits for orders................................ HB 1140 Revenue certificates; gas systems; remove referendum requirement ..................... SB 381 Sales tax exemption; certain fuels for horticultural purposes .............................. HB 1515 Sales tax; certain natural or artificial gas sales exemption; amend...................... HB 1447 Sales tax; exempt liquid petroleum gas; horticultural purposes .......................... HB 1034
GENERAL ASSEMBLY Adjourn 1/18/02; reconvene 1/28/02 ...................................................................... SR 481 Adjourn 2/14/02; reconvene 2/18/02 ................................................................... HR 1114
Refer to numerical index for page numbers
INDEX
4981
Adjourn 2/20/02; reconvene 2/25/02 ...................................................................... SR 679 Adjourn 3/1/02; reconvene 3/7/02........................................................................ HR 1294 Adjourn 3/19/02; reconvene 3/25/02 ...................................................................... SR 861 Adjourn 3/27/02; reconvene 4/1/02 ..................................................................... HR 1489 Adjourn 4/3/02; reconvene 4/9/02........................................................................... SR 983 Adjourn 4/10/02; reconvene 4/12/02; adjourn sine die at 3:00 p.m..................... HR 1693 Adjourn sine die 4/12/02 at 3:45 p.m................................................................... HR 1696 Bills requiring expenditure of state funds; certain statement............................... HB 1709 Corrections Department and Pardons and Paroles Board;
communication with elected officials ............................................................... HB 1330 Death of former member; survivors' health insurance ........................................ HB 1584 General appropriations; FY 2002-2003 ............................................................... HB 1002 General appropriations; FY 2002-2003 ............................................................... HB 1037 Grounds for continuance; General Assembly members and
staff during legislative sessions......................................................................... HB 1320 Health reports submitted to General Assembly in
electronic format for computer access.................................................................. SB 546 House apportionment; single-member districts - CA........................................... HR 1383 House districts; composition provisions .............................................................. HB 1531 House districts; reapportion ................................................................................. HB 1728 Joint Construction Codes Study Committee; create............................................. HR 1039 Joint Construction Codes Study Committee, Joint Study
Committee on Jekyll Island, and Joint Study Committee on Early Childhood Education; create .............................................................. HR 1105 Joint Ethanol Production Study Committee; create ............................................... HR 806 Joint Local Assistance Road Program Study Committee; create......................... HR 1074 Joint MARTA Finance Study Committee; create .................................................. HR 848 Joint MARTA Study Committee; create................................................................ HR 851 Joint session; Governor's message; invite justices and appellate judges............... HR 783 Joint session; Governor's message; invite justices and appellate judges............... HR 784 Joint session; Governor's message; invite justices and appellate judges............... HR 903 Joint session; message from Chief Justice of Supreme Court ............................... HR 785 Joint Study Committee on Alternative and Environmentally Sensitive Truck Fuels; create ................................................... SR 604 Joint Study Committee on Chronic Fatigue and Immune Dysfunction Syndrome; create ............................................................................ HR 982 Joint Study Committee on Economic Development through the Investment of State Pension Funds into Private Equities; create ................ HR 1372 Joint Study Committee on Expanding Old National Highway (SR 279); create .................................................................................... SR 170 Joint Study Committee on Gaming; create ............................................................ HR 463 Joint Study Committee on Historic Local Government Records; re-create........... HR 345
Refer to numerical index for page numbers
4982
INDEX
Joint Study Committee on Jekyll Island; create...................................................... SR 826 Joint Study Committee on Limited Access for State Route 316/
University Parkway; create ................................................................................. HR 215 Joint Study Committee on Limited Access for State Route 316/
University Parkway; create ............................................................................... HR 1146 Joint Study Committee on Medical Care for Prison Inmates; create ..................... HR 455 Joint Study Committee on Public School Size; create ........................................... HR 223 Joint Study Committee on the Certification or Licensure of
Home Builders and Commercial General Contractors; create .......................... HR 1178 Joint Study Committee on Urban Road Building Guidelines; create .................... HR 130 Joint Task Force on Developing a Federally Funded Drug
Benefit for Low-Income Elderly Citizens; create ............................................... HR 432 Legislative and congressional reapportionment; requirements - CA..................... HR 837 Legislative Retirement; election of coverage; change date.................................... HB 627 Live Oak Landfill; urge Governor and General Assembly order closing............ HR 1613 Local bills; enactment requirements; effective dates ........................................... HB 1525 Notify Governor; General Assembly convened...................................................... SR 474 Notify Senate; House convened ............................................................................. HR 782 Reapportionment by independent, nonpartisan commission; provisions - CA...... HR 803 Senatorial districts; reapportion ........................................................................... HB 1667 Supplemental appropriations; educational facilities; general obligation debt ..... HB 1000 Supplemental appropriations; FY 2001-2002 ...................................................... HB 1001 Supplemental appropriations; FY 2001-2002 ...................................................... HB 1036 Supplemental appropriations; FY 2001-2002 ...................................................... HB 1038 Truth in Spending Act; enact; annual estimate submitted
to General Assembly ......................................................................................... HB 1250
GENERAL PROVISIONS Certain convicted felons; restoration of right to vote - CA.................................... HR 792 Code corrections..................................................................................................... HB 996 Elections Code; corrections.................................................................................... HB 997 Holidays; "911 Heroes Appreciation Day"; create ................................................ HB 998 Juneteenth Celebration Day in Georgia; designate June 19................................. HB 1146 Juneteenth Celebration Day in Georgia; designate June 19................................. HB 1147 Juneteenth Celebration Day in Georgia; designate June 19................................... HR 906 Laws and provisions; classification by population; revise................................... HB 1489 Local bills; enactment requirements; effective dates ........................................... HB 1525 Public Revenue Code; conform to federal law .................................................... HB 1026 Retirement and Pensions Code; corrections......................................................... HB 1101
GENETIC TESTING Determination of paternity; motion to set aside..................................................... HB 369
Refer to numerical index for page numbers
INDEX
4983
Heirs and interests; disinterment and DNA testing; court orders .......................... HB 130 Prosecution; serious violent offenders; extend limitations; DNA evidence .......... HB 410
GEORGE W. POTTS MEMORIAL HIGHWAY; designate............................ HR 1542
GEORGIA BUILDING AUTHORITY Archives and History; change Department of to Division of; amend provisions................................................................................................. HB 487 Operation of child care and child development centers .......................................... SB 409
GEORGIA BUREAU OF INVESTIGATION (GBI) Certain incentive pay; increase .............................................................................. HB 202 Criminal history records; disclosure to consumer reporting agencies ................. HB 1786 Herman Jones Memorial Forensic Science Complex; designate state crime laboratory annex ................................................................ SR 497 House State Law Enforcement Officers' Advocate Study Committee; create .... HR 1492 Medical examiners; authority to subpoena records; autopsy photographs; exempt from public disclosure ....................................................... SB 110 Sexual offender registration requirements; internet access; schools and day-care facilities........................................................................... HB 1054 Sexual offender registration requirements; internet access; schools and day-care facilities.............................................................................. SB 433
GEORGIA'S HIGH TECH CORRIDOR; designate portion of U. S. 41 .......... HR 1327
GEORGIA'S HOMELAND DEFENSE ACT Define, prohibit, and punish domestic terroristic acts or threats; tools for law enforcement ........................................................................ SB 320
GEORGIA PUBLIC SAFETY TRAINING CENTER Security police; jurisdiction over property.............................................................. SB 483
GEORGIA TECHNOLOGY AUTHORITY Georgia Courts Automation Commission; advisory council; Georgia Technology Authority ........................................................................... HB 681 Georgia Technology Authority Overview Committee; create ............................. HB 1445 Merit system; redefine department and agency; exclude authorities and public corporations ................................................................... HB 1417
GEORGIA WORLD CONGRESS CENTER Geo. L. Smith II World Congress Center; rename as Geo. L. Smith II American Heroes Center........................................................ HB 1047
Refer to numerical index for page numbers
4984
INDEX
GILMER COUNTY; education districts; reapportion.......................................... HB 1129
GLYNN COUNTY Board of commissioners; reapportion election districts.......................................... SB 479 Board of education; nonbinding referendum ....................................................... HB 1499 Convey property................................................................................................... HR 1144 Convey property...................................................................................................... SR 852 Grant easement ........................................................................................................ SR 575
GOLD CREEK PARKWAY; designate ................................................................. SR 230
GOODMAN, DANNY; compensate ....................................................................... HR 940
GOUGH, CITY OF; new charter .......................................................................... HB 1806
GOVERNOR Brain and Spinal Injury Trust Fund Commission; membership ............................. SB 364 Budget Act; amend provisions ............................................................................. HB 1560 Communication .................................................................................................. Page 2442 Employees' Retirement; certain prior service as governor or lieutenant governor; credit .............................................................................. HB 966 Employees' Retirement; governor or lieutenant governor; 8 years' service ......... HB 937 Forest Heritage Trust Act; enact ............................................................................. SB 424 Governor's Council on Developmental Disabilities Day; declare February 28, 2002 ................................................................................. HR 1136 Governor's Council on Developmental Disabilities Day; declare February 28, 2002 ................................................................................. HR 1289 International Transfer of Prisoners Act; enact ........................................................ SB 389 Joint session; Governor's message; invite justices and appellate judges............... HR 783 Joint session; Governor's message; invite justices and appellate judges............... HR 784 Joint session; Governor's message; invite justices and appellate judges............... HR 903 Live Oak Landfill; urge Governor and General Assembly order closing............ HR 1613 Notify Governor; General Assembly convened...................................................... SR 474 State funds; prohibition; certain agencies and corporations .................................. HB 980 Truth in Spending Act; enact; annual estimate submitted to General Assembly ......................................................................................... HB 1250 Veto message.......................................................................................................Page 2444
GRADY COUNTY Board of education; filling vacancies................................................................... HB 1666 Joint Recreation Authority of Brooks, Colquitt, Grady, Mitchell and Thomas Counties; create................................................................. SB 563
Refer to numerical index for page numbers
INDEX
4985
GRANTS Academic after-school programs for certain students; state grants ........................ SB 384 Colleges; secondary enrollment for credit; grant account; amend....................... HB 1557 Community Health, Department of; grants to rural hospitals .............................. HB 1350 Community Health, Department of; grants to rural hospitals ................................. SB 442 Fire, 911, and emergency organizations; state grants; provisions ....................... HB 1097 HOPE scholarships; eligibility; certain private school graduates ........................ HB 1522 HOPE scholarships; eligibility; undocumented immigrants ................................ HB 1810 HOPE scholarships; prorated awards for certain disabled students........................ SB 367 Local governments; state grants to subrecipients; certification ........................... HB 1669
GRASSE, HONORABLE DIANE Z. Election................................................................................................................. Page 642 Oath of office ....................................................................................................... Page 875
GREENE COUNTY Homestead exemption; certain residents.............................................................. HB 1475 Homestead exemption; certain residents.............................................................. HB 1841
GREENSPACE TRUST FUND; allocation of certain funds.................................. SB 438
GRIFFIN, CITY OF Griffin-Spalding County; commissioner districts; reapportion ........................... HB 1194 Griffin-Spalding County; education districts; reapportion .................................. HB 1535
GUARDIAN AND WARD Probate court judges; change certain fees; clarify provisions.............................. HB 1279 Standby Guardianship Act; enact........................................................................... HB 917
GUARDS; private security guards; arrest powers .................................................... SB 168
GWINNETT COUNTY Ad valorem tax payments; population and census application ............................... SB 405 Board of education; reapportion election districts .................................................. SB 328 Board of registrations and elections; members; staggered appointment................. SB 559 Commissioner districts; reapportion .................................................................... HB 1085 Education districts; reapportion ........................................................................... HB 1071 Grant easement ........................................................................................................ SR 575 Homestead exemption; assessed value.................................................................... SB 326 Lake Sidney Lanier Watershed Governance Council; membership .................... HB 1783 Recorder's court; judges; compensation ................................................................. SB 144 State court; chief judge; additional supplement ...................................................... SB 142
Refer to numerical index for page numbers
4986
INDEX
H
HABEAS CORPUS Persons under sentence; filing petitions; statute of limitations; interstate transfer of prisoners .......................................................... SB 206
HABERSHAM COUNTY Board of commissioners; revise election districts ................................................. SB 503 Board of education; election districts ..................................................................... SB 502 Homestead exemption.......................................................................................... HB 1166 Lake Sidney Lanier Watershed Governance Council; membership.................... HB 1783
HALL COUNTY Commissioner districts; reapportion .................................................................... HB 1729 Education districts; reapportion ........................................................................... HB 1730 Grant easement........................................................................................................ SR 575 Lake Sidney Lanier Watershed Governance Council; membership.................... HB 1783
HAMILTON COUNTY, TENNESSEE; convey property .................................... SR 574
HAMMONTREE, HONORABLE ALLEN; communication ............................ Page 263
HANDICAPPED PERSONS Ad valorem tax exemption; change income limitation; include disabled............ HB 1282 Assistance dogs; interfering with, assaulting, injuring; penalties........................ HB 1645 Employees' Retirement; disability benefits; earnings maximum.......................... HB 387 Evidence; certain proceedings; redefine qualified interpreter ............................. HB 1080 Governor's Council on Developmental Disabilities Day; declare 2/28/02 ......... HR 1136 Governor's Council on Developmental Disabilities Day; declare 2 28/02 ......... HR 1289 Guide Dogs for the Blind, State Board of; create .................................................. HB 979 HOPE scholarships; prorated awards for part-time disabled students attending private institutions.................................................................. SB 367 Individuals with Disabilities Education Act; eligibility of home school children ........................................................................................ HB 1590 Industries for the Blind; purchase of products by state employees; exception.... HB 1354 Medicare supplement insurance; disabled persons under 65 years ..................... HB 1219 Parking; identification of enforcement personnel................................................ HB 1113 Postmajority child support; mentally or physically disabled child...................... HB 1412 Postsecondary and adult education; textbooks in alternative format................... HB 1342 Telecommunications equipment distribution program; provisions ..................... HB 1003 Theft by deception; certain victims; information about offender ........................ HB 1079
Refer to numerical index for page numbers
INDEX
4987
HARALSON COUNTY Education districts; reapportion ........................................................................... HB 1605 Grant easement........................................................................................................ SR 575 Water authority; purchasing and selling provisions ............................................ HB 1721 West Georgia Regional Water Authority; remove Douglas County as member............................................................................................. HB 1542
HAROLD MANN MEMORIAL INTERCHANGE; designate .......................... HR 948
HARRIS COUNTY Board of elections and registration; create........................................................... HB 1546 Commissioner districts; reapportion .................................................................... HB 1020 Education districts; reapportion ........................................................................... HB 1023 Education districts; reapportion ........................................................................... HB 1474 Sheriff's office; filling vacancies......................................................................... HB 1733
HASTY, HONORABLE WILLIAM G., SR. Election; State Board of Transportation; Ninth Congressional District .............. Page 261
HAZARDOUS SUBSTANCES Ad valorem tax; certain class; redevelopment of hazardous waste sites - CA .... HR 1111 Environmental rules and regulations; risk assessment and cost benefit analysis ..................................................................................... HB 587 Live Oak Landfill; urge Governor and General Assembly order closing ........... HR 1613 Plutonium transported through state; safety of citizens; urge congressional action to ensure .................................................................. HR 1692 Terrorism; protection of citizens and resources; relative to ................................ HR 1695 Waste management; brownfields agreements; contaminated property ............... HB 1423 Waste management; land disposal sites for septic tank wastes ........................... HB 1406
HEALTH Abandonment of dead bodies; crematory regulation; health care records; required retention and patient access........................................... HB 1481 Adoption; records access; certain birth certificates ............................................. HB 1127 Air ambulance emergency care and transportation; licensure ................................ SB 501 Baby's Right to Know Act; enact; require mother give name of father.............. HB 1513 Bacterial meningitis; Department of Human Resources provide information to schools ......................................................................... HB 1599 Bondsmen and personal care home employees; criminal records checks ........... HB 1413 Breastfeeding of babies in public places; change provisions ................................ SB 221 Cancer Care Trust Fund; authorize creation - CA ................................................. HR 904 Cancer Care Trust Fund; create ........................................................................... HB 1139
Refer to numerical index for page numbers
4988
INDEX
Cancer research; contributions; urge promotion of income tax checkoff............ HR 1143 Community Health, Department of; grants to rural hospitals.............................. HB 1350 Community Health, Department of; grants to rural hospitals................................. SB 442 Contact lenses; patient choose retailer; prescription provisions.......................... HB 1292 Contracts; hospitals contracting with certain insurers;
contravening public policy................................................................................ HB 1089 County boards of health; exofficio members; revise population figures............. HB 1487 County boards of health; soil classifier; on-site sewage
management systems......................................................................................... HB 1237 Emergency medical services; local governments designate
ambulance providers ......................................................................................... HB 1031 Fair Insurance Business Practices Act of 2001; enact ........................................... HB 716 First trimester abortions; regulate certain facilities ............................................... HB 953 Georgia Public Service Employees' Occupational Safety
and Health Act; enact........................................................................................ HB 1424 Health; hepatitis C; urge increased awareness..................................................... HR 1536 Health insurance; maternity benefits; notices ........................................................ HB 525 Health reports submitted to General Assembly in electronic
format for computer access .................................................................................. SB 546 Hospital liens; application to cause of action; provisions....................................... SB 451 Hospitals; newborns; eligibility for medical assistance......................................... HB 978 Hospitals; patient transfer without consent; prohibition........................................ HB 988 Hospitals; patient transfer without consent; prohibition...................................... HB 1099 House Emergency Motorist Aid Study Committee; create ................................... HR 129 House Study Committee on Tick-Borne Illnesses in Georgia; create ................... HR 273 Human cloning; urge federal legislation to ban................................................... HR 1612 Insurance coverage; colorectal cancer screening................................................... HB 951 Insurance coverage; colorectal cancer screening................................................. HB 1100 Insurance coverage; medically necessary off-label prescription drugs .................. SB 458 Joint Study Committee on Chronic Fatigue and Immune
Dysfunction Syndrome; create............................................................................ HR 982 Joint Study Committee on Medical Care for Prison Inmates; create..................... HR 455 Land disposal sites; septic tank waste; regulation ............................................... HB 1030 Laws and provisions; classification by population; revise .................................. HB 1489 Managed health care plans; limitations on choice of providers;
disclosure to enrollees; signed affirmative consent ............................................. SB 378 Medical examiners; authority to subpoena records; autopsy
photographs; exempt from public disclosure ....................................................... SB 110 Medical patient records; privacy regulations; release
and handling; subpoenas; liability........................................................................ SB 210 Medical records; release conditions; written authorization .................................... SB 356
Refer to numerical index for page numbers
INDEX
4989
Mental health, developmental disabilities, and addictive diseases; regional planning boards; community service boards; state ombudsman .................................................................................... HB 498
Minors; person in loco parentis; revise laws ....................................................... HB 1323 Offense of abuse of a dead body prior to interment; felony penalty ...................... SB 474 Oral anticancer drugs; urge Congress require Medicare to cover ....................... HR 1118 Patient Safety and Health Care Reporting Act; enact............................................ HB 965 Public health emergencies and bioterrorism; reporting
requirements and response provisions ................................................................. SB 385 Sales tax; biotechnology research, development, or
manufacturing; exemption ................................................................................ HB 1462 Septic tanks; certified installers and pumpers; bonds.......................................... HB 1163 Small pox and polio vaccinations for general population;
urge Congress provide ........................................................................................ HR 801 Special license plates; breast cancer programs for medically indigent ............... HB 1402 Special license plates; breast cancer programs; indigent..................................... HB 1148 State employees' health insurance; denied claims; reviews ................................ HB 1607 State employees; organ donors; paid leave of absence........................................ HB 1049 Student self-administration of asthma medication; Kellen
Edwin Bollen Act................................................................................................. SB 472 Volunteers in health care specialties, dentistry, and medicine
health care; continuation of Acts ...................................................................... HB 1344
HEALTH INSURANCE Blue Ribbon Commission on Individual Health Insurance Availability and Its Effect on the Employer Based Health Insurance Market; create ..................................................................................... HR 342 Child support enforcement; medical support; bank match registry; amend provisions ................................................................................ HB 1224 Consumer Choice Negotiated Health Insurance Plan Act; enact .......................... HB 434 Fair Insurance Business Practices Act of 2001; enact ........................................... HB 716 General Assembly; death of former member; survivors' health insurance ......... HB 1584 Health care practitioners; credentialing data; centralized collection ..................... HB 356 Health Care Work Force Planning Act; enact ...................................................... HB 652 Indemnification; certain survivors; lump sum payment and insurance coverage ..................................................................................... HB 1486 Insurance coverage; breast cancer ........................................................................... HB 79 Insurance coverage; colorectal cancer screening................................................... HB 951 Insurance coverage; colorectal cancer screening................................................. HB 1100 Insurance; diabetes coverage; amend provisions................................................. HB 1492 Insurance; maternity benefits; notices ................................................................... HB 525
Refer to numerical index for page numbers
4990
INDEX
Insurance; placement with foreign insurers; surplus line policies; rate filings; claims experience reports................................................... SB 177
Insurance; termination of group coverage; notification......................................... HB 750 Local boards of education; health insurance; certain coverage ........................... HB 1121 State employees' health insurance; agricultural commodity
commission employees ..................................................................................... HB 1494 State employees' health insurance; agricultural commodity
commission employees ........................................................................................ SB 519 State employees' health insurance; denied claims; reviews ................................ HB 1607 State employees' health insurance; eligibility; former
military personnel who previously declined coverage......................................... SB 324 Taxable net income; certain residents; exclude long-term
care insurance.................................................................................................... HB 1322
HEALTH MAINTENANCE ORGANIZATIONS Consumers' Health Insurance Protection Act; enact .............................................. SB 476 Fair Insurance Business Practices Act of 2001; enact ........................................... HB 716 Health care practitioners; credentialing data; centralized collection ..................... HB 356 Insurance coverage; colorectal cancer screening................................................. HB 1100 Insurance; placement with foreign insurers; surplus line policies; rate filings; claims experience reports................................................... SB 177 Managed health care plans; limitations on choice of providers; disclosure to enrollees; signed affirmative consent............................................................................................... SB 378 Point-of-service options; include behavioral health services .............................. HB 1677
HEARD COUNTY; education districts; reapportion............................................ HB 1456
HEARING AND HEARING AIDS (See Handicapped Persons)
HENRY COUNTY Commissioner districts; reapportion .................................................................... HB 1327 Education districts; reapportion ........................................................................... HB 1177 Henry County Development Authority Modernization Act; enact...................... HB 1807 Sheriff's office; vacancies; deputies .................................................................... HB 1629 State court; add judge........................................................................................... HB 1326 State court; add judge........................................................................................... HB 1583 State court; solicitor-general ................................................................................ HB 1835 State court; technology fee................................................................................... HB 1325
HENRY P. RUSSELL, JR., PARKWAY; designate .......................................... HR 1373
Refer to numerical index for page numbers
INDEX
4991
HERMAN JONES MEMORIAL FORENSIC SCIENCE COMPLEX; designate state crime laboratory annex.......................... SR 497
HIGHWAYS, BRIDGES, AND FERRIES Albert Shelton Swindell Memorial Highway; designate ....................................... HR 791 Alvin Mitchell Street; designate .......................................................................... HR 1108 A. S. Newton Highway; designate....................................................................... HR 1104 Bernita C. Harris Highway; designate ................................................................. HR 1076 Blue Star Memorial Highway; designate............................................................... HR 805 Blue Star Memorial Highway; designate portion of Covington Highway; "Wright's Crossing"; designate certain intersection ........................ HR 1320 Byrd M. Bruce Interchange; designate .................................................................. HR 793 C. Lloyd Smith Parkway; designate......................................................................... HR 99 Chesley V. Morton Interchange; designate.......................................................... HR 1285 Commission on Regional Transportation; create................................................... HR 905 Contractors; road construction and repair of manhole rings, covers, valve boxes; exemption ........................................................................... SB 392 Dan and Marie Branch Highway; designate ........................................................... SR 490 Dean Bryant Intersection; designate ....................................................................... SR 557 Developmental highway system; change corridor descriptions .......................... HB 1122 Developmental highway system; change description of road corridors.............. HB 1214 Developmental highway system; change description of road corridors.............. HB 1284 Developmental highway system; remove road corridor ...................................... HB 1372 Developmental highway system; replace road corridor ...................................... HB 1717 DeWayne King, USMC, Memorial Bridge; designate ........................................ HR 1078 DeWayne King, USMC, Memorial Bridge; designate; Max Lockwood Highway; designate portion of US 441 .................................. HR 1348 Disabled American Veterans Intersection; designate ............................................ HR 280 Earl Paulk Parkway; designate................................................................................ SR 585 Ellis Arnall Highway; designate .......................................................................... HR 1082 Ellis Arnall Highway; designate .......................................................................... HR 1222 Floyd Hoard Memorial Highway; designate .......................................................... SR 660 Gamaliel Hilson Overpass; designate .................................................................... HR 788 George W. Potts Memorial Highway; designate ................................................. HR 1542 Gold Creek Parkway; designate.............................................................................. SR 230 Harold Mann Memorial Interchange; designate .................................................... HR 948 Henry P. Russell, Jr., Parkway; designate ........................................................... HR 1373 Historic Savannah Parkway; designate.................................................................. HR 795 H. M. Thompson Highway; designate portion of SR 38 ..................................... HR 1138 House Biodiesel Study Committee; create .......................................................... HR 1321 House Local Assistance Road Program Study Committee; create ........................ HR 392 House Tow Truck Rapid Response Study Committee; create............................. HR 1323
Refer to numerical index for page numbers
4992
INDEX
Indemnification of state highway employees, provisions; certain public safety employees, firefighters ......................................................... SB 61
James Virgil Johnson Bridge; designate .............................................................. HR 1595 J. M. Fountain Highway; designate portion of Hwy 221....................................... HR 974 Joint Ethanol Production Study Committee; create............................................... HR 806 Joint Local Assistance Road Program Study Committee; create ........................ HR 1074 Joint MARTA Finance Study Committee; create.................................................. HR 848 Joint MARTA Study Committee; create................................................................ HR 851 Joint Study Committee on Alternative and Environmentally
Sensitive Truck Fuels; create ............................................................................... SR 604 Joint Study Committee on Expanding Old National
Highway (SR 279); create.................................................................................... SR 170 Joint Study Committee on Limited Access for State Route 316/
University Parkway; create ................................................................................. HR 215 Joint Study Committee on Limited Access for State Route 316/
University Parkway; create ............................................................................... HR 1146 Joint Study Committee on Urban Road Building Guidelines; create .................... HR 130 Joy Kleeman Memorial Bikeway on U.S. 80; designate ........................................ SR 780 License plates and fees; redesignate certain provisions in Title 48 to Title 40 ..... HB 250 Local governments; forestry resources, streets, and roads; powers..................... HB 1154 Local sales taxes; limitation on levies; exclusions .............................................. HB 1444 Lt. Col. Doyce Ariail Highway; designate portion of SR 38................................. HR 950 MARTA; sales tax proceeds; change provisions ................................................. HB 1245 MARTA; security force chief; power to administer oath of office ..................... HB 1310 MARTA; security force chief; power to administer oath of office ....................... SB 439 MARTA; transit operating revenue; exclude sales taxes........................................ SB 447 MARTA; use of sales tax proceeds; subsidizing system operating costs............... SB 446 Max Lockwood Highway; designate portions of U. S. 441................................. HR 1035 Memorial Drive; redesignate portions of SR 154 and SR 10 ................................ HR 794 Motor vehicles; electric personal assistive mobility
devices; regulate................................................................................................... SB 397 Motor vehicles on public roads; prohibit nitrous oxide......................................... HB 151 No-passing zones; certain exception; HOV lanes................................................ HB 1448 Off-road vehicles; insurance, registration, titling, operation ............................... HB 1695 Off-road vehicles; use on public highways; prohibition; exception ...................... HB 194 Outdoor advertising; multiple message signs ........................................................... SB 59 Outdoor advertising; nudity or sexual conduct; prohibit ..................................... HB 1576 Power Alley Development Authority Act; enact ................................................... HB 744 Property owner's rights in eminent domain proceedings; just
compensation; interference with property access .................................................. SB 49 Property tax exemption; private land dedicated for public road.......................... HB 1603 Public Safety and Veterans Highway; designate ................................................... HR 787
Refer to numerical index for page numbers
INDEX
4993
Radar; permit for use; prohibitions ...................................................................... HB 1275 Railroads, counties, municipalities; grade crossings; amend provisions............. HB 1382 Robbie Bishop Memorial Highway; designate portion of Highway 61 .............. HR 1109 Robert Henry Jordan Memorial Highway; designate ............................................. SR 777 Ronnie Green Parkway; designate ....................................................................... HR 1070 Ronnie Green Parkway; designate ....................................................................... HR 1319 Sales tax exemption; urban transit systems ......................................................... HB 1025 Sales tax; local assistance road program expenses - CA ..................................... HR 1085 Shelton Isaiah DeLoach Memorial Bridge; designate ........................................... HR 790 Signs along public roads; change penalty provisions ............................................ HB 964 Sonny Dixon Highway; designate portion of SR 307.......................................... HR 1081 Sonny Dixon Interchange; designate ................................................................... HR 1283 Staff Sgt. Avely W. Runnels Memorial Highway; designate .............................. HR 1286 State property; parks, buildings, highways, roads, bridges;
restrictions on naming for elected public official ................................................ SB 215 State Public Transportation Fund; sales tax on motor fuels; amend provisions.. HB 1523 State Road and Tollway Authority; electronic toll collection;
transfer identification devices ........................................................................... HB 1212 Technology Corridor; designate portion of SR 10/US 78;
Georgia's High Tech Corridor; designate portion of US 41............................. HR 1327 Thelma "T-Lady" Ross Bridge; designate.............................................................. SR 786 Toll revenues; urge using only for original projects............................................ HR 1539 Torts; child passenger safety technician; liability; immunity.............................. HB 1066 Transportation funds; allocation; certain waivers................................................ HB 1587 Transportation; vehicles subject to weighing, measuring,
inspecting; refusal to stop ................................................................................. HB 1110 Turfgrass sod; urge use by state for certain groundcover...................................... HR 567 Vehicles and loads; excess weight and dimensions; permits............................... HB 1572 Vehicles and loads; exemption of certain equipment; change provision ............ HB 1033 Vehicles and loads; unginned cotton; securing loads ............................................ HB 960 Veterans Memorial Highway; designate portion of SR 17.................................. HR 1325 Veterans Parkway, Talmadge Plaza, Robbie Bishop
Memorial Highway, Norman W. Fries Highway; designate .............................. HR 838 Veterans Parkway; designate ............................................................................... HR 1215 Veterans Parkway; designate portion of SR 156 ................................................. HR 1086 Virgil Bledsoe Highway; designate ....................................................................... HR 372 Walter C. Perkins Highway; designate ................................................................ HR 1091 Weights of vehicles and loads; exemption for ready-mixed concrete .................... SB 386 William G. Hasty, Sr., Freeway; designate............................................................ HR 809 William Ira (W. I.) Still, Jr., Highway; designate................................................ HR 1117 William S. Hutchings Bridge; designate................................................................. SR 785
Refer to numerical index for page numbers
4994
INDEX
WWII, Korean War, and Vietnam Veterans Memorial Intersections; designate ....................................................................................... HR 800
HISTORIC SAVANNAH PARKWAY; designate ............................................... HR 795
H. M. THOMPSON HIGHWAY; designate portion of SR 38 ........................... HR 1138
HOLIDAYS Juneteenth Celebration Day in Georgia; designate June 19 ................................ HB 1146 Juneteenth Celebration Day in Georgia; designate June 19 ................................ HB 1147 Juneteenth Celebration Day in Georgia; designate June 19 .................................. HR 906 "911 Heroes Appreciation Day"; create ................................................................ HB 998
HOME SCHOOLING Individuals with Disabilities Education Act; eligibility of home school children ........................................................................................ HB 1590 Schools; extracurricular programs; eligibility of home school students ............. HB 1266
HOMERVILLE, CITY OF; Recreational Facilities Authority Act ....................... SB 529
HOMESTEAD EXEMPTION Certain residents; delete income qualification..................................................... HB 1304 Full value of homestead; certain residents........................................................... HB 1007 Married person not living with spouse................................................................... HB 331 State exemptions; age questionnaire.................................................................... HB 1431
HOMICIDE Criminal procedure; certain crimes against children; change age limit.................. SB 333 Homeland Defense Act; enact; domestic terrorism subject to RICO Act .............. SB 320
HOSPITALS AND OTHER HEALTH CARE FACILITIES Bondsmen and personal care home employees; criminal records checks ........... HB 1413 Community Health, Department of; grants to rural hospitals.............................. HB 1350 Community Health, Department of; grants to rural hospitals................................. SB 442 Cruelty to elderly person; additional acts of harm; exception ............................. HB 1585 First trimester abortions; regulate certain facilities ............................................... HB 953 Health care practitioners; credentialing data; centralized collection ..................... HB 356 Health Care Work Force Planning Act; enact........................................................ HB 652 Health insurance coverage; medically necessary off-label prescription drugs....... SB 458 Hospital liens; application to cause of action; provisions....................................... SB 451 Hospitals contracting with certain insurers; contravening public policy............. HB 1089
Refer to numerical index for page numbers
INDEX
4995
Hospitals; newborns; eligibility for medical assistance......................................... HB 978 Hospitals; patient transfer without consent; prohibition........................................ HB 988 Hospitals; patient transfer without consent; prohibition...................................... HB 1099 Income tax credit; rural physician and rural hospital; redefine ........................... HB 1565 Income tax credits; define rural physician and rural hospital.............................. HB 1258 Managed health care plans; limitations on choice of providers;
disclosure to enrollees; signed affirmative consent ............................................. SB 378 Medical patient records; privacy regulations; release
and handling; subpoenas; liability........................................................................ SB 210 Patient Safety and Health Care Reporting Act; enact............................................ HB 965 Public health emergencies and bioterrorism; reporting
requirements and response provisions ................................................................. SB 385 Special county 1 percent sales tax; nonprofit hospital facilities.......................... HB 1209 Torts; certain medical training programs; immunity ............................................. HB 954 Traumatic burn care medical practice; cost of care; lien on
patient's cause of action .................................................................................... HB 1040
HOTELS AND MOTELS Basic security features; requirement.................................................................... HB 1479 Failure to pay tax; criminal penalties................................................................... HB 1564 Tax levy provisions; occupation taxes; excessive regulatory fees ...................... HB 1519
HOUSE OF REPRESENTATIVES African American Business Enterprise Day; proclaim February 5, 2002; invite certain members to House............................................................... HR 988 Albany-Dougherty County Day; recognize January 29, 2002; invite officials to House ...................................................................................... HR 841 Alpha Kappa Alpha Day; recognize February 18, 2002; invite Regional Director to House................................................................................. HR 907 Anderson, Bill; invite to House ............................................................................. HR 977 Anderson, Honorable Alberta J.; resignation from House................................... Page 215 Anderson, Honorable Alberta J.; withdrawal of resignation ............................... Page 264 Anderson, Jeanie; Ms Georgia Senior 2001; invite to House................................ HR 847 Atlanta Beat; invite to House................................................................................. HR 807 Barrett, Audrey Lee; invite to House................................................................... HR 1140 Bates, Demetrius; invite to House ....................................................................... HR 1046 Berry College; invite President Scott Colley to House.......................................... HR 844 Blackshear High School FFA String Band; commend; S. V. Lee, Gene Davis, and Tony Cason; invite to House................................ HR 1611 Bleckley County High School cheerleading squad and coaches; invite to House ................................................................................... HR 1377 Bordeaux, Honorable Tom; committee assignment ................................................ Page 6
Refer to numerical index for page numbers
4996
INDEX
Cannon, William S. "Bill", V; invite to House...................................................... HR 951 Certain Walker County and state officials; invite to House ................................ HR 1592 Collins Hill High School Wrestling Team and Coach Cliff
Ramos; invite to House ..................................................................................... HR 1494 Commerce High School Competitive Cheerleaders; invite to House ................. HR 1220 Cook, Barbara Jo; invite to House ....................................................................... HR 1072 Cordele-Crisp County Fish Fry; invite cooking team to House ............................ HR 980 Crisp Academy Varsity Football Team; invite to House..................................... HR 1036 Cross Keys High School Indians boys basketball team;
invite the coach and team to House .................................................................. HR 1459 Cuba; lift sanctions and normalize trade relations; urge Congress...................... HR 1110 Culloden Highland Games and Scottish Festival; invite city
officials and certain members to House............................................................ HR 1488 Delta Sigma Theta Day; invite sorority representatives to House......................... HR 845 Dental Hygienists' Appreciation Day; recognize February 8,
2002; invite certain dental hygienists to House .................................................. HR 989 Dixon, Earnest, Jr.; invite to House ....................................................................... HR 956 Dougherty County School System High School/High
Tech Program; invite students and teachers to House ...................................... HR 1147 Drenner, Honorable Carla; committee assignment................................................ Page 84 Dynamite Dolls Competition Clogging Team; invite team
and coaches to House ........................................................................................ HR 1084 Emergency situation at Tri-State Crematory; urge federal assistance................. HR 1293 Ezzard, Martha McElveen; invite to House......................................................... HR 1384 Floyd, Honorable Johnny; committee assignment................................................... Page 8 Forestry Day at Capitol; recognize January 31, 2002; invite
certain officials to House .................................................................................... HR 902 Forrest, Vernon; invite to House.......................................................................... HR 1043 Fort Valley Middle School; invite seventh and eighth grade
gifted students to appear before the House ....................................................... HR 1218 Free and Accepted Masons of Georgia and the Order of the
Eastern Star; invite members to House ............................................................. HR 1228 Gailey, Head Coach Chan; invite to House ......................................................... HR 1113 Gainesville High School Red Elephants baseball team; invite to House .............. HR 846 Gardner, Honorable Pat; committee assignment ..................................................... Page 9 Gardner, Honorable Pat; election............................................................................. Page 4 Gardner, Honorable Pat; oath of office.................................................................... Page 5 Georgia Farm Bureau Federation; invite to House ................................................ HR 843 Georgia Job Corps Centers; invite directors and staff to House.......................... HR 1181 Georgia Recreation and Parks Association; invite representatives to House ........ HR 832 Georgia State University Law School Moot Court Team; invite to House ........... HR 947
Refer to numerical index for page numbers
INDEX
4997
Girls and Women in Sports Day; recognize February 7, 2002; invite certain athletes to House ........................................................................... HR 797
Goudreau, Scott and Jim Heck; Marietta firefighters; invite to House ............... HR 1381 Grasse, Honorable Diane Z.; election .................................................................. Page 642 Grasse, Honorable Diane Z.; oath of office ......................................................... Page 875 Guarnere, William J. "Wild Bill"; invite to House.............................................. HR 1045 Hall, Alfonzo L.; invite to House......................................................................... HR 1229 Hilsman Middle School; 2002 State Champions of the Academic
Bowl for Middle Grades; invite team, coaches, and principal to House .......... HR 1141 Horne, Jarrett; invite to House ............................................................................. HR 1379 House Agricultural Water Conservation Incentive Program
Study Committee; create ..................................................................................... HR 568 House Alcoholic Beverages Distribution System Study Committee; create......... HR 221 House apportionment; single-member districts - CA .......................................... HR 1383 House Arts Education Study Committee; create ................................................. HR 1322 House Biodiesel Study Committee; create .......................................................... HR 1321 House Collegiate Athletic Association Disciplinary Study Committee; create .. HR 1328 House Committee on Psychiatric Medication of School-Age Children; create .. HR 1650 House districts; composition provisions .............................................................. HB 1531 House districts; reapportion ................................................................................. HB 1728 House Emergency Motorist Aid Study Committee; create ................................... HR 129 House Hartsfield-Atlanta Aviation Air Quality Impact Zone
Study Committee; create ..................................................................................... HR 515 House Home Construction and Repair Study Committee; create.......................... HR 213 House Insurance Rate Regulation Study Committee; create ................................... HR 26 House Local Assistance Road Program Study Committee; create ........................ HR 392 House Paraprofessionals Study Committee; create ............................................. HR 1413 House State Law Enforcement Officers' Advocate Study Committee; create.... HR 1492 House Student Financial Planning Study Committee; create .............................. HR 1652 House Study Committee for House Bill 851; create.............................................. HR 975 House Study Committee on Certified Professional Midwifery; create ................. HR 128 House Study Committee on Exempting Educators from the
State Income Tax; create..................................................................................... HR 456 House Study Committee on Fair Vehicle Taxation; create ................................. HR 1382 House Study Committee on Prescription Drug Addiction; create....................... HR 1083 House Study Committee on Severe Weather Warning and
Communications; create.................................................................................... HR 1493 House Study Committee on Technology Education; create ................................ HR 1038 House Study Committee on the Death Penalty; create ........................................ HR 1594 House Study Committee on the Development of Sustainable
Energy in Georgia; create ................................................................................... HR 986
Refer to numerical index for page numbers
4998
INDEX
House Study Committee on the Georgia Social Security Supplement Program; create ............................................................................. HR 1148
House Study Committee on the Organization of the Public Delivery System for Mental Health, Mental Retardation, and Substance Abuse Services; create ................................................................ HR 648
House Study Committee on Tick-Borne Illnesses in Georgia; create ................... HR 273 House Study Committee on Uniform High School Grading; create ................... HR 1040 House Study Committee on Universal School Breakfast; create .......................... HR 983 House Tourism and Sports Marketing Study Committee; create ........................ HR 1308 House Tourism Study Committee; create .............................................................. HR 849 House Tow Truck Rapid Response Study Committee; create............................. HR 1323 Human cloning; urge federal legislation to ban................................................... HR 1612 Hutto, Miss Allison, 2002 Georgia Watermelon Queen; invite to House ........... HR 1037 Jefferson High School Varsity Wrestling Team; invite team
and coaches to House ........................................................................................ HR 1230 Jenkins, Honorable Curtis; committee assignment.............................................. Page 182 Johnson, Jartavious and Prince Lewis; invite to House....................................... HR 1486 Joint session; Governor's message; invite justices and appellate judges .............. HR 783 Joint session; Governor's message; invite justices and appellate judges .............. HR 784 Joint session; Governor's message; invite justices and appellate judges .............. HR 903 Joint session; message from Chief Justice of Supreme Court ............................... HR 785 Jonesboro High School Mock Trial Team; invite team and coaches to House ... HR 1490 Kellerhals, Beth; invite to House ........................................................................... HR 808 Kirkland, Jama; invite to House........................................................................... HR 1071 LaGrange High School football team; invite to House.......................................... HR 833 Langford, Sr. Trooper G. H.; invite to House........................................................ HR 830 Ledbetter, Dr. James G., Director, Carl Vinson Institute
of Government; invite to House........................................................................ HR 1219 Legislative and congressional reapportionment; requirements - CA..................... HR 837 Loganville High School girls varsity fastpitch softball team;
invite coaches, players, and the school principal to House............................... HR 1115 Macon-Bibb County; 2002 Cherry Blossom Festival; invite
officials to House .............................................................................................. HR 1225 Malhotra, Ruth; invite to House........................................................................... HR 1380 MARTA; commercial development; urge MARTOC evaluate............................. HR 395 Moreland, Laura L., Miss Savannah 2002; invite to House ................................ HR 1535 Mosley, Honorable Hinson; committee assignment ................................................ Page 7 Muntean, Honorable Michael D.; election.......................................................... Page 1170 Muntean, Honorable Michael D.; oath of office................................................. Page 1173 Napier, Kit; invite to House ................................................................................... HR 953 National Nutrition Month in Georgia; designate March, 2002............................ HR 1224
Refer to numerical index for page numbers
INDEX
4999
Northeast High School Girls Basketball Team and coaches; invite to House .................................................................................................. HR 1378
Notify Senate; House convened............................................................................. HR 782 O'Neal, Honorable Larry; committee assignment ................................................. Page 10 O'Neal, Honorable Larry; election .......................................................................... Page 2 O'Neal, Honorable Larry; oath of office ................................................................. Page 2 Parkview High School Boys Swim and Diving Team; invite to House .............. HR 1461 Parkview High School Panthers football team; invite coaches
and players to House ........................................................................................... HR 835 Phillips, Jimmy; invite to House.......................................................................... HR 1491 Portch, Dr. Stephen R.; Chancellor, University System of
Georgia; invite to House ................................................................................... HR 1179 Powell, Honorable Alan; committee assignment..................................................... Page 9 Presbytery of Greater Atlanta; invite to House...................................................... HR 842 Preston, Dr. and Mrs. John; invite to House ........................................................ HR 1107 Professional Association of Georgia Educators Day; recognize
"PAGE Day on Capitol Hill" February 12, 2002; invite officers to House...... HR 1026 Putnam County High School Future Farmers of America dairy
judging team; invite to House ........................................................................... HR 1044 Reese, Honorable Bobby; resignation from House ............................................. Page 140 Reichert, Honorable Robert; committee assignment ............................................... Page 6 Roach, Christopher, Dr. Roger C. (Bo) Ryles, and Dr. Gale A.
Buchanan; invite to House .................................................................................. HR 834 Roper, William B., Jr.; invite to House................................................................ HR 1310 Rules of House; amend Rule 27........................................................................... HR 1532 Rules of House; amend Rule 29............................................................................. HR 563 Rules of House; amend Rule 7............................................................................... HR 804 Rules of House; amend Rule 7............................................................................. HR 1533 Savage, Steve; head coach, Commerce High School; invite to House.................. HR 978 Savannah St. Patrick's Day Parade; invite certain persons to House .................. HR 1180 School prayer; proposed amendment to U.S. Constitution; express support ...... HR 1414 Serritella, Judy; invite to House............................................................................. HR 796 Silver-Haired Legislature; invite representatives to House ................................. HR 1309 Sinkfield, Honorable Georganna; communication .............................................. Page 936 Smith, Robert J.; invite to House ......................................................................... HR 1284 South Gwinnett High School's Technology Education Program;
invite Messrs. Kachmar and Sosebee to House .................................................. HR 952 Speaker of the House; communications..................Pages 6, 7, 8, 9, 10, 84, 182, 259, 262 Speaker of the House; Honorable Thomas B. Murphy; commend...................... HR 1176 Stancil, Honorable Steve; resignation from House................................................ Page 11 Statesboro High School football team; invite to House......................................... HR 799
Refer to numerical index for page numbers
5000
INDEX
Tattnall Square Academy boys football team and coaches; invite to House......... HR 979 Taylor County High School boys basketball team; invite team
and coaches to House ........................................................................................ HR 1540 Tharpe, Ranger First Class George and Ranger First Class
Darrell Watson; invite to House.......................................................................... HR 836 The Heritage School Hawks boys basketball team; invite
coaches and players to House ........................................................................... HR 1376 Turfgrass sod; urge use by state for certain groundcover...................................... HR 567 Turner, Virginia; invite to House......................................................................... HR 1106 Twiggs Academy girls basketball team; invite to House .................................... HR 1534 Walker School Lady Wolverines Fast Pitch softball team;
invite team and coaches to House ....................................................................... HR 958 Walker School Wolverines baseball team; invite coaches and team to House ..... HR 957 Watson, Thomas E.; urge U. S. Postal Service adopt stamp honoring................ HR 1221 Westwood High School Wildcats; invite coaches, players, and
cheerleaders to House ......................................................................................... HR 798 Wheeler High School newspaper staff; invite to House ........................................ HR 831 Wilkinson County High School basketball team; invite team
and coaches to House ........................................................................................ HR 1460 Wright, G. Bryant; invite to House...................................................................... HR 1226 Youth Advisory Council of Columbus; invite to House........................................ HR 908 Youth in CHARGe; invite representatives to House ............................................. HR 954 YWCA of Greater Atlanta; commend on 100th anniversary;
invite representatives to House ......................................................................... HR 1415
HOUSING (See Buildings and Housing)
HOUSTON COUNTY Board of education; reconstitute .......................................................................... HB 1290 Convey property................................................................................................... HR 1075 Education districts; reapportion ........................................................................... HB 1694
HUGLEY, HONORABLE CAROLYN F. Communication.................................................................................................... Page 260
HUMAN RESOURCES, DEPARTMENT OF Air ambulance emergency care and transportation; licensure ................................ SB 501 Board of; composition............................................................................................. SB 394 Bondsmen and personal care home employees; criminal record checks............. HB 1413 Brain and Spinal Injury Trust Fund Commission; membership ............................. SB 364 Child support enforcement; medical support; bank match registry; amend provisions ................................................................................ HB 1224
Refer to numerical index for page numbers
INDEX
5001
Health; hepatitis C; urge increased awareness..................................................... HR 1536 Juvenile proceedings; efforts to preserve and reunite families; provisions ............ SB 428 Land disposal sites; septic tank waste; regulation ............................................... HB 1030 Public health emergencies and bioterrorism; reporting
requirements and response provisions ................................................................. SB 385 Septic tanks; certified installers and pumpers; bonds.......................................... HB 1163
HUNTING (Also, see Game and Fish) Deer and hog bait; mechanical feeder to scatter; license..................................... HB 1095 Hunting; bear and deer; season and bag limits .................................................... HB 1158 Nongame wildlife; exemption from certain prohibition; amend description ...... HB 1397 Pen raised quail; training pointing and retrieving dogs ....................................... HB 1058 Wildlife Violator Compact; enact........................................................................ HB 1056 Wildlife Violator Compact; enact; crossbows; handguns; deer and bear seasons........................................................................................ HB 1174
I
INCOME TAX Adjust tables for inflation from 1971....................................................................... HB 19 Cancer research; contributions; urge promotion of income tax checkoff............ HR 1143 Change computation tables ...................................................................................... HB 22 Credit; certain persons; qualified education expenses ........................................... HB 982 Credit; certain teachers or paraprofessionals ....................................................... HB 1052 Credit; electric vehicle charger ............................................................................ HB 1164 Credit; high technology business investment....................................................... HB 1463 Credit; qualified child care expenses ................................................................... HB 1251 Credit; qualified reforestation expenses............................................................... HB 1028 Credit; technology upgrade expenditures............................................................. HB 1464 Credits; historic structures; insurance premium tax credits; certified capital companies; sales tax exemption; certain computer equipment .......................................................................................... HB 1441 Credits; low and zero emission vehicles; amend ................................................. HB 1260 Credits; low-emission vehicles; low-speed vehicles; Operation on public roads ................................................................................. HB 1439 Credits; rural physician and rural hospital; redefine ............................................ HB 1258 Credits; rural physician and rural hospital; redefine ............................................ HB 1565 Credits; zero emission motor vehicles; qualifications ............................................ SB 380 Exemption; certain educators; low-performing schools ...................................... HB 1311 Exemption; certain military income..................................................................... HB 1202 Exemption; certain military personnel ................................................................. HB 1035
Refer to numerical index for page numbers
5002
INDEX
Exemption; certain military service ....................................................................... HB 238 Exemption; certain national guard or reserve member ........................................ HB 1137 Exemption; military income................................................................................. HB 1006 Exemption; public safety income........................................................................ HB 1144 Exemption; teacher's income; exempt ................................................................. HB 1153 House Study Committee on Exempting Educators from
the State Income Tax; create ............................................................................... HR 456 Income tax and Higher Education Savings Plan; amend provisions ................... HB 1328 Income tax and Higher Education Savings Plan; amend provisions ................... HB 1434 Individual development accounts; comprehensive regulation ............................... HB 397 Individual's estimated returns; increase threshold............................................... HB 1466 Insurance premium tax credits; certified capital companies; provisions ............. HB 1440 Minorities; include females in definition ............................................................. HB 1627 Personal exemptions; increase ............................................................................. HB 1143 Qualified research expenses; unused credit ......................................................... HB 1461 Reduce rates; certain taxpayers .............................................................................. HB 958 Retirement income exclusion; increase amount................................................... HB 1313 Retirement income; increase exclusion.................................................................. HB 179 Property; nuisance abatement liens; tax liens and sales;
judicial foreclosures; titles; interested parties; procedures .................................. SB 462 Taxable net income; certain residents; exclude long-term care insurance........... HB 1322 Taxable net income; exclude capital gains........................................................... HB 1262 Taxable net income; 65 years or older; exclude certain income.......................... HB 1373
INDEMNIFICATION Certain public safety employees; law enforcement officers; firefighters; change Code references...................................................................... SB 79 Certain survivors; lump sum payment and insurance coverage........................... HB 1486 Certain survivors; payment and insurance provisions - CA ................................ HR 1150 Court reporters; insurance premiums; certain indemnity..................................... HB 1380 Prosecuting Attorneys Council; ministerial functions; transfer from Department of Administrative Services ......................................... SB 307 State highway employees; provisions; certain public safety employees; firefighters ........................................................................................... SB 61
INDIAN AFFAIRS American Indian Concerns, Council on; membership; powers and duties .......... HB 1337
INDIGENT (See Social Services)
Refer to numerical index for page numbers
INDEX
5003
INDUSTRY, TRADE, AND TOURISM, DEPARTMENT OF Geo. L. Smith II World Congress Center; rename as Geo. L. Smith II American Heroes Center........................................................ HB 1047 OneGeorgia Authority; transfer to Department of Community Affairs .............. HB 1393
INFECTIOUS DISEASES Bacterial meningitis; Department of Human Resources provide information to schools.......................................................................... HB 1292 Health; hepatitis C; urge increased awareness ..................................................... HR 1536 Medical examiners; authority to subpoena records; exempt from public disclosure .......................................................................................... SB 110 Minors; person in loco parentis; revise laws........................................................ HB 1323 Public health emergencies and bioterrorism; reporting requirements and response provisions.................................................................. SB 385
INFORMATION TECHNOLOGY (See Electronic Technology and Transmissions)
INSURANCE Air ambulance emergency care and transportation; licensure ................................ SB 501 Blue Ribbon Commission on Individual Health Insurance Availability and Its Effect on the Employer Based Health Insurance Market; create ..................................................................................... HR 342 Consumer Choice Negotiated Health Insurance Plan Act; enact........................... HB 434 Consumers' Health Insurance Protection Act; enact ............................................. SB 476 Contracts; hospitals contracting with certain insurers; contravening public policy ................................................................................ HB 1089 Fair Insurance Business Practices Act of 2001; enact ........................................... HB 716 Health insurance coverage; breast cancer ................................................................ HB 79 Health insurance coverage; colorectal cancer screening........................................ HB 951 Health insurance coverage; colorectal cancer screening...................................... HB 1100 Health insurance coverage; diabetes; amend provisions...................................... HB 1492 Health insurance coverage; medically necessary off-label prescription drugs ....... SB 458 Health insurance; maternity benefits; notices ........................................................ HB 525 Health maintenance organizations; point-of-service options; include behavioral health services....................................................... HB 1677 Hospital liens; application to cause of action; provisions....................................... SB 451 House Insurance Rate Regulation Study Committee; create ................................... HR 26 Income tax credits; historic structures; insurance premium tax credits; certified capital companies; sales tax exemption; certain computer equipment .............................................................................. HB 1441
Refer to numerical index for page numbers
5004
INDEX
Indemnification; certain survivors; lump sum payment and insurance coverage ..................................................................................... HB 1486
Industrial life insurance; notice of lapse or cancellation; limitations on premiums .................................................................................... HB 1078
Insurance premium tax credits; certified capital companies; provisions ............. HB 1440 Insurers; commission percentage; file as separate expense item ........................... HB 992 Liability insurers; rate filings; loss reserves........................................................... HB 991 Local boards of education; health insurance; certain coverage ........................... HB 1121 Managed health care plans; limitations on choice of providers;
disclosure to enrollees; signed affirmative consent.............................................. SB 378 Medicare supplement insurance; disabled persons under 65 years...................... HB 1219 Motor vehicle accident insurance; credit reports; prohibition ............................. HB 1115 Motor vehicle accident insurance; multiple lienholders;
total loss claims; certain access to records ........................................................ HB 1157 Motor vehicle insurance; proof of coverage; state database .................................. HB 994 Motor vehicle liability insurance; losses; include towing and storage costs ....... HB 1693 Motor vehicle liability insurance; time-based or mile-based premiums.............. HB 1491 Motor vehicle liability insurance; towing and storage;
insurance premium finance companies; amend provisions................................... HB 24 Motor vehicle liability; local governments; waiver of immunity ........................ HB 1128 Motor vehicle registration; suspension, cancellation,
revocation; amend provisions; proof of insurance ............................................ HB 1314 Off-road vehicles; insurance, registration, titling, operation ............................... HB 1695 Off-road vehicles; operation on unpaved highways; provisions.......................... HB 1613 Personal private motor vehicles; rate filings........................................................ HB 1452 Placement with foreign insurers; surplus line
policies; rate filings; claims experience reports ................................................... SB 177 Property insurance; consumer product repair cost; certain exception ................. HB 1324 Retail vendors of communications equipment; limited license ........................... HB 1369 State employees' health insurance plan; eligibility; former
military personnel who previously declined coverage......................................... SB 324 Subsequent Injury Trust Fund; reimbursements; dissolution .............................. HB 1580 Taxable net income; certain residents; exclude long-term care insurance........... HB 1322 Termination of group coverage; notification ......................................................... HB 750 Unfair trade practices; termination of entire line of business ................................. SB 505 Workers' compensation; certain advance authorization; provisions ................... HB 1751 Workers' compensation; certain data; rehabilitation suppliers; benefit checks... HB 1155 Workers' compensation; denial; certain change in condition .............................. HB 1416 Workers' compensation; farm laborers; amend provisions ................................... HB 952 Workers' compensation; panel of physicians; employer select for employee..... HB 1318
Refer to numerical index for page numbers
INDEX
5005
INTANGIBLE TAX Intangible recording tax; commissions; certain counties ........................................ SB 354 Real estate transfer tax; collection and distribution ............................................. HB 1834
INTEREST AND USURY Interest; alimony or divorce payments; 30 days late.............................................. HB 492
IRWINTON, CITY OF Wilkinson County Water and Sewer Authority; name change ............................ HB 1473
J
JACKSON COUNTY; homestead exemption; age and income.............................. SB 494
JAILS Correctional institutions; counties housing state inmates; reimbursement.......... HB 1014 Correctional institutions; voluntary inmate labor; private employers ................. HB 1530 County and state ordinances; violation; increased jail punishment ..................... HB 1511 Peace officer; redefine; include certain county jail officers ................................ HB 1710 Request for custody; transfer of convicted person............................................... HB 1450
JAMES VIRGIL JOHNSON BRIDGE; designate ............................................. HR 1595
JASPER COUNTY Commissioner districts; reapportion .................................................................... HB 1508 Education districts; reapportion ........................................................................... HB 1507
JEFF DAVIS COUNTY Commissioner districts; reapportion .................................................................... HB 1840 Education districts; reapportion ........................................................................... HB 1839
JEFFERSON, CITY OF Ad valorem; school taxes; homestead exemption................................................... SB 493 Council districts; reapportion ............................................................................... HB 1594 Education districts; reapportion ........................................................................... HB 1593
JEFFERSON COUNTY Board of commissioners; elections; redistricting plan ............................................ SB 560 Board of education; compensation ......................................................................... SB 513 Board of education; election districts ..................................................................... SB 561
Refer to numerical index for page numbers
5006
INDEX
JEKYLL ISLAND Joint Study Committee on Jekyll Island; create................................................... HR 1105 Joint Study Committee on Jekyll Island; create...................................................... SR 826
JENKINS COUNTY Commissioner districts; reapportion .................................................................... HB 1692 Education districts; reapportion ........................................................................... HB 1691
JENKINS, HONORABLE CURTIS; committee assignment ............................. Page 182
J. M. FOUNTAIN HIGHWAY; designate portion of Hwy 221............................ HR 974
JOHNSON COUNTY Board of education; nonpartisan elections ............................................................. SB 541 Education districts; nonpartisan elections ............................................................ HB 1680
JONES COUNTY Commissioner districts; reapportion .................................................................... HB 1410 Education districts; reapportion ........................................................................... HB 1411 Homestead exemption .......................................................................................... HB 1789 Macon Water Authority; electoral districts; reapportion ..................................... HB 1772
JONESBORO, CITY OF; homestead exemption; certain residents .................... HB 1478
JOY KLEEMAN MEMORIAL BIKEWAY; designate on U. S. 80 .................... SR 780
J. T. "SONNY" KING MEMORIAL REGIONAL OFFICE OF THE GEORGIA BUREAU OF INVESTIGATION; designate ............................................................................ HR 1296
JUDGES Campaign contributions; judicial candidates; certain prohibition ....................... HB 1103 County law libraries; use of funds for state court judges' library........................... SB 495 Judges of the Probate Courts Retirement; payments into fund; civil filings; application for license to carry pistol or revolver ................. HB 571 Judicial Retirement; 30 years' service ................................................................... HB 962 Judicial Retirement; certain military service; creditable service ........................... HB 963 Judicial Retirement; state court judges and solicitors general; transfer funds from Employees' Retirement ......................................... HB 254 Judicial Retirement; survivors' benefit fund; establish.......................................... HB 557 Probate court judges; eligibility requirements; certain counties .......................... HB 1064
Refer to numerical index for page numbers
INDEX
5007
State Court Judges, Council of; officers and executive committee ..................... HB 1291 State court judges; election and reelection; qualifications ..................................... SB 220
JUDGMENTS Alimony and child support; financial condition................................................... HB 1647 Binding effect; change provisions........................................................................ HB 1581
JUDICIAL CIRCUITS Alcovy Judicial Circuit; add judge....................................................................... HB 1175 Atlantic Judicial Circuit and Tifton Judicial Circuit; change terms; superior court clerks; additional compensation......................................... SB 534 Cherokee Judicial Circuit; judges and district attorney; supplement................... HB 1612 Cobb Judicial Circuit; superior court judges; supplement ................................... HB 1459 Paulding Judicial Circuit; create; Tallapoosa Judicial Circuit; amend .................. HB 990 Tifton Judicial Circuit; change terms of court ..................................................... HB 1604
JURIES Civil actions in state courts; monetary limit; jury of 12 ...................................... HB 1575 Grand juries; transcription provisions; certain counties, population classification.................................................................................... HB 1437
JUVENILE PROCEEDINGS Amend provisions .................................................................................................. HB 127 Certain cost of care; discovery............................................................................... HB 642 Efforts to preserve and reunite families; provisions .............................................. SB 428 House State Law Enforcement Officers' Advocate Study Committee; create .... HR 1492 Juvenile court judges; compensation; future salary adjustments ........................... SB 437 Juvenile courts; transfer of cases from superior courts.......................................... HB 269 Minors; person in loco parentis; revise laws........................................................ HB 1323 Photographing certain children; authorization ..................................................... HB 1105
K KELLEN EDWIN BOLDEN ACT
Prescribed asthma medication; permit self-administration by students at school............................................................................................. SB 472
KENNESAW, CITY OF Convey property...................................................................................................... SR 574
Refer to numerical index for page numbers
5008
INDEX
Corporate limits.................................................................................................... HB 1608 Redevelopment powers; referendum.................................................................... HB 1753
KIDNAPPING Criminal procedure; certain crimes against children; change age limit ................. SB 333
KING, DR. MARTIN LUTHER, JR. Construction of national memorial in Washington; express support; urge donation of Georgia Granite .......................................................... SR 500
KOREAN WAR VETERANS MEMORIAL INTERSECTION; designate ................................................................................ HR 800
L
LA GRANGE, CITY OF City of LaGrange Natural Gas Authority................................................................ SB 382 Downtown Development District; change territory limits..................................... SB 566
LABOR AND INDUSTRIAL RELATIONS Blue Ribbon Commission on Individual Health Insurance Availability and Its Effect on the Employer Based Health Insurance Market; create ..................................................................................... HR 342 Employment Security and Enhancement Act of 2002; enact................................. HB 342 Employment security; certain corporations; exclude services by owner............. HB 1455 Employment security; domestic employees; annual contributions.......................... HB 68 Employment security; tax surcharge; weekly benefit .......................................... HB 1725 Fire departments and firefighters; change certain requirements ............................ SB 515 Industries for the Blind; purchase of products by state employees; exception.... HB 1354 Minors; certain employment; written parental permission ..................................... HB 13 State authorities and instrumentalities; unsafe working conditions; Department of Labor investigate ....................................................... SB 337 Subsequent Injury Trust Fund; reimbursements; dissolution .............................. HB 1580 Superior court clerks; recording liens, deeds, and other documents; revise provisions ............................................................................ HB 1582 Teachers Retirement; certain Department of Labor service; credit ....................... HB 950 Unemployment compensation; redefine employment; exempt certain services ....................................................................................... HB 967 Workers' compensation; certain advance authorization; provisions ................... HB 1751 Workers' compensation; certain data; rehabilitation suppliers; benefit checks... HB 1155 Workers' compensation; denial; certain change in condition .............................. HB 1416
Refer to numerical index for page numbers
INDEX
5009
Workers' compensation; farm laborers; amend provisions ................................... HB 952 Workers' compensation; panel of physicians; employer select for employee..... HB 1318
LAKE CITY, CITY OF; corporate limits ............................................................ HB 1650
LAKES (See Rivers and Lakes)
LAND (See Property)
LANDLORD AND TENANT Transportable housing; certain foreclosure; liability to satisfy lien........................ SB 422
LANIER COUNTY Commissioner districts; reapportion .................................................................... HB 1360 Education districts; reapportion ........................................................................... HB 1359
LAURENS COUNTY Board of Education; election districts .................................................................... SB 538 Commissioner districts; reapportion .................................................................... HB 1222
LAVONIA, CITY OF; new charter ...................................................................... HB 1573
LAW ENFORCEMENT OFFICERS AND AGENCIES Autopsy photos or post-mortem examination reports; when public disclosure not required .............................................................................. SB 355 Children of certain deceased law enforcement officers; urge free college tuition..................................................................................... HR 1538 Criminal history records; disclosure to consumer reporting agencies ................. HB 1786 Driving under the influence; drivers' licenses; chemical tests; open containers in vehicles; fleeing from police.................................................. SB 482 Fire, 911, and emergency organizations; state grants; provisions ....................... HB 1097 Georgia Public Safety Training Center; security police; jurisdiction over property ..................................................................................... SB 483 Holidays; "911 Heroes Appreciation Day"; create ................................................ HB 998 House State Law Enforcement Officers' Advocate Study Committee; create .... HR 1492 Identity fraud; define offense; victim assistance; proper business records disposal...................................................................................... SB 475 Income tax; exempt public safety income............................................................ HB 1144 Indemnification; certain public safety employees; law enforcement officers; firefighters; change Code references .................................. SB 79 Indemnification; certain survivors; lump sum payment and insurance coverage ..................................................................................... HB 1486
Refer to numerical index for page numbers
5010
INDEX
Indemnification; certain survivors; payment and insurance provisions - CA...... HR 1150 MARTA; security force chief; power to administer certain oath ........................ HB 1310 Medical examiners; authority to subpoena records; autopsy
photographs; exempt from public disclosure ....................................................... SB 110 Motor Vehicle Safety Department; law enforcement
personnel; use of motor vehicles ....................................................................... HB 1502 Notaries public; personal knowledge of signer; prohibit certain fees.................. HB 1619 Peace officer; redefine; include certain county jail officers ................................ HB 1710 Peace Officers' Annuity and Benefit; certain retirees; return to service ................ SB 100 Public health emergencies and bioterrorism; reporting
requirements and response provisions.................................................................. SB 385 Public Safety Department and Georgia Bureau of Investigation;
certain incentive pay; increase ............................................................................ HB 202 Racial profiling; prohibit...................................................................................... HB 1190 Sexual offender registration requirements; internet access;
schools and day-care facilities........................................................................... HB 1054 Sexual offender registration requirements; internet access;
schools and day-care facilities.............................................................................. SB 433 State agencies; rejected applications for law enforcement
positions; written notification................................................................................ HB 72 Transportation Safety Act of 2002; enact; Transportation
Passenger Safety................................................................................................ HB 1060 Transportation Security Act of 2002; passenger safety; false
alarms; terroristic threats ...................................................................................... SB 330 Wiretapping and surveillance; investigative warrants; access
to stored wire and electronic communications..................................................... SB 459
LEE COUNTY Board of commissioners; compensation .............................................................. HB 1777 Chehaw Park Authority; comprehensive revision of Act creating ...................... HB 1769 Probate court judge; misdemeanor cases ............................................................. HB 1778
LEGISLATIVE COUNSEL Communications............................................................................. Pages 11, 12, 258, 261 Education loan forgiveness programs; certain attorneys; Georgia Student Finance Authority...................................................................... SB 465
LEGISLATIVE RETIREMENT SYSTEM Election of coverage; change date.......................................................................... HB 627
LIABILITY AND LIABILITY INSURANCE Court reporters; insurance premiums; certain indemnity..................................... HB 1380
Refer to numerical index for page numbers
INDEX
5011
Cremation; authorization provisions; immunity .................................................. HB 1634 Identity fraud; define offense; victim assistance; proper
business records disposal...................................................................................... SB 475 Insurance; liability insurers; rate filings; loss reserves .......................................... HB 991 Medical patient records; privacy regulations; release and
handling; subpoenas; liability............................................................................... SB 210 Motor vehicle liability insurance; losses; include towing and storage costs ....... HB 1693 Motor vehicle liability; local governments; waiver of immunity ........................ HB 1128 Motor vehicle registration; suspension, cancellation,
revocation; amend provisions; proof of insurance ............................................ HB 1314 Pick-your-own farms, equine or llama activities, fishing locations; liability ...... HB 1150 Torts; child passenger safety technician; liability; immunity .............................. HB 1066 Torts; right of action; sexual harassment against student .................................... HB 1809 Waste management; brownfields agreements; contaminated property................ HB 1423
LIBERTY COUNTY Commissioner districts; reapportion .................................................................... HB 1414 Education districts; reapportion ........................................................................... HB 1415
LIBRARIES Archives and History; change Department of to Division of; amend provisions................................................................................................. HB 487 Children's Internet Protection Act; enact............................................................. HB 1364 Computers; Internet safety policy; schools and public libraries; conditional funding ............................................................................... SB 387 County law libraries; additional libraries for certain court officers..................... HB 1332 County law libraries; use of funds for state court judges' library........................... SB 495
LICENSE PLATES AND REGISTRATION Dog and cat sterilization; license plates promoting ............................................... HB 945 Dog and cat sterilization; special license plate funding - CA ................................ HR 264 Federal vehicle standards; truck equipment; commercial vehicle operators; carriers; chauffeur's permits ................................................... SB 488 License plates and fees; redesignate certain provisions in Title 48 to Title 40 ..... HB 250 License plates on government vehicles; change appearance ................................. HB 222 License plates; display; change certain provisions .............................................. HB 1261 Low-speed vehicles; operation on public streets; income tax credits .................. HB 1389 Low-speed vehicles; operation on public streets; income tax credits; low-emission vehicles..................................................................... HB 1439 Motor vehicle registration; suspension, cancellation, revocation; amend provisions; proof of insurance ............................................................... HB 1314
Refer to numerical index for page numbers
5012
INDEX
Motor vehicles; registration and licensing; certain military tags; employee use of department vehicle......................................................... HB 1112
Motor vehicles; registration and taxation; amend provisions .............................. HB 1740 Off-road vehicles; insurance, registration, titling, operation ............................... HB 1695 Off-road vehicles; operation on unpaved highways; provisions.......................... HB 1613 Special license plates; Boy Scouts of America .................................................... HB 1022 Special license plates; breast cancer programs for medically indigent................ HB 1402 Special license plates; breast cancer programs; indigent ..................................... HB 1148 Special license plates; Future Farmers of America.............................................. HB 1315 Special license plates; motorcycle plates for veterans ......................................... HB 1501 Special license plates; National Rifle Association............................................... HB 1295 Special license plates; Thanks Mom and Dad Fund ............................................ HB 1316 Special license plates; Thanks Mom and Dad Fund ............................................ HB 1460 Special license plates; veterans; amend provisions.............................................. HB 1009 Special license plates; veterans' tags; certain businesses .................................... HB 1614 Veterans' Nursing Home Care Trust Fund; create; special license plates - CA .... HR 646
LICENSES (Also, see Named License) Athletic trainers; licensure and qualifications...................................................... HB 1083 Chiropractors; define diagnosis; licensing requirements ..................................... HB 1199 Clinical Perfusionist Licensure Act; enact ............................................................... HB 69 Construction contractors; utility system; license requirements ........................... HB 1082 Deer and hog bait; mechanical feeder to scatter; license ..................................... HB 1095 Dentistry; practicing without license; penalty...................................................... HB 1622 Drivers' licenses; aliens; amend provisions ......................................................... HB 1008 Drivers' licenses; Class D eligibility; exempt certain 17-year-olds .................... HB 1254 Drivers' licenses; Class D permits; change limitations........................................ HB 1255 Drivers' licenses; issuance in border states or countries; authorize use in Georgia...................................................................................... HB 983 Drivers' licenses; mail or electronic renewal....................................................... HB 1739 Drivers' licenses; renewal applications by mail or electronic transmission ........ HB 1368 Drivers' licenses; restoration; completion of certain courses or programs............ HB 480 Financial institutions; Department of Banking and Finance; amend provisions.................................................................................................. SB 353 Firearms; license to carry; prohibition; certain conviction .................................. HB 1633 Food sales establishments; post business licenses; milk standards...................... HB 1086 Game and fish; redefine "marine fish"; certain license ....................................... HB 1126 Health Care Work Force Planning Act; enact........................................................ HB 652 Insurance; retail vendors of communications equipment; limited license........... HB 1369 Joint Study Committee on the Certification or Licensure of Home Builders and Commercial General Contractors; create...................... HR 1178
Refer to numerical index for page numbers
INDEX
5013
Motor vehicle registration; suspension, cancellation, revocation; amend provisions; proof of insurance ............................................ HB 1314
Motor vehicles; registration and licensing; certain military tags; employee use of department vehicle........................................... HB 1112
Nonresident or alien wholesale fish dealers; license fees .................................... HB 1088 Nurses; Multistate Compact; enact ........................................................................ HB 968 Pen raised quail; training pointing and retrieving dogs ....................................... HB 1058 Pharmacy technicians; pharmacy benefit managers; outdated
drugs; credit for return......................................................................................... HB 585 Professional athletes; regulation by Athletic and Entertainment Commission.... HB 1592 Revocation of minor's driver's license; withdrawal of parental consent............. HB 1529 Special license plates; veterans; amend provisions.............................................. HB 1009 Utility contractors; license number on bid documents......................................... HB 1432 Veterinary medicine; substantial revision; State Board; provisions ..................... HB 719 Voter registration; application through Department of
Natural Resources; hunting, fishing, trapping licenses ..................................... HB 1335 Wildlife Violator Compact; enact ........................................................................ HB 1056 Wildlife Violator Compact; enact; crossbows; handguns;
deer and bear seasons ........................................................................................ HB 1174 Workers' compensation; certain data; rehabilitation suppliers; benefit checks... HB 1155
LIENS (See Mortgages and Liens)
LIEUTENANT GOVERNOR Communications......................................................................................... Pages 259, 262 Employees' Retirement; certain prior service as governor or lieutenant governor; credit .............................................................................. HB 966 Employees' Retirement; governor or lieutenant governor; 8 years' service ......... HB 937
LILBURN, CITY OF; new charter ....................................................................... HB 1272
LILLY, CITY OF; new charter................................................................................ SB 570
LIMITED LIABILITY COMPANIES Amend provisions ................................................................................................... SB 253 Foreign corporations; certificates of authority; registered agents; copies of documents; fees ..................................................................... HB 1223
LINCOLN COUNTY Board of elections; compensation ........................................................................ HB 1798 Commissioner districts; reapportion .................................................................... HB 1761 Education districts; reapportion ........................................................................... HB 1764
Refer to numerical index for page numbers
5014
INDEX
LITHIA SPRINGS, CITY OF; repeal Act providing new charter ......................... SB 571
LITTER Georgia Clean Communities Act of 2002; enact ................................................. HB 1343
LIVESTOCK Animal and Dairy Science Complex, University of Georgia; urge name honoring Edgar L. Rhodes................................................................. HR 909 Nonambulatory livestock; humane handling and euthanization .......................... HB 1317
LOANS Georgia Fair Lending Act; enact.......................................................................... HB 1361 Investment Capital Study Committee; create.......................................................... SR 668
LOCAL GOVERNMENT (Also, see Counties or Municipalities) Ad valorem; taxpayer claims for refunds; increase filing time period .................. SB 319 Annexation; certain populated counties; approval provisions ................................ SB 136 Authority to contract with certain organizations.................................................. HB 1188 Certain counties; county treasurer emeritus; population classification ............... HB 1436 Contracts and bids; publish in Georgia Procurement Registry ........................... HB 1218 Counties; certain areas; prohibit charges for water and sewer............................. HB 1537 Counties; certain compensation; exemption from payment................................. HB 1133 Counties; disputed boundary lines ....................................................................... HB 1548 Counties; single commissioner government; salary............................................. HB 1333 County boards of elections and registration; creation............................................... SB 32 County Building Authorities Act; enact; certain counties ................................... HB 1512 County commissioners; 8 years' service and certain certification; compensation ............................................................................... HB 1628 County law libraries; additional libraries for certain court officers..................... HB 1332 County law libraries; use of funds for State Court judges' library ......................... SB 495 County officials; certain training; supplemental compensation........................... HB 1132 Development authorities; amend appointment powers ........................................ HB 1708 Elections; uniform system of direct recording electronic voting equipment; provisions ............................................................................... SB 414 Gateway Regional Information Center, Inc. Act; privatization of public rest stops; Cobb County ........................................................................ SB 305 Georgia Airport Management Authority; create .................................................. HB 1084 Greenspace Trust Fund; allocation of certain funds ............................................... SB 438 Homestead option sales tax; distribution of proceeds.......................................... HB 1167 Joint Local Assistance Road Program Study Committee; create......................... HR 1074 Laws and provisions; classification by population; revise................................... HB 1489 License plates on government vehicles; change appearance ................................. HB 222
Refer to numerical index for page numbers
INDEX
5015
Local bills; enactment requirements; effective dates ........................................... HB 1525 Local government budgets; authority to draw from treasury............................... HB 1187 Local retirement systems; investment guidelines;
minimum funding standards.............................................................................. HB 1345 Major Airport Operations Act; enact ................................................................... HB 1012 Motor vehicle liability; local governments; waiver of immunity ........................ HB 1128 Municipal candidates in certain cities; repeal majority vote provisions.............. HB 1435 Municipal charter; grant to certain island area meeting
requirements for incorporation; boundaries ......................................................... SB 313 Municipal courts; marijuana possession; summons or citation ............................. HB 824 Municipal courts; misdemeanors; trials; accusation or citation........................... HB 1169 Power Alley Development Authority Act; enact ................................................... HB 744 Property; nuisance abatement liens; tax liens and sales;
judicial foreclosures; titles; interested parties; procedures .................................. SB 462 Public officials; indictment procedures; Corruption Prevention Act...................... SB 234 Revenue certificates; gas systems; remove referendum requirement .................... SB 381 Sales tax exemption; local development authority projects
for expansion of business .................................................................................. HB 1558 Sales tax; exempt sales to certain local government authorities .......................... HB 1418 State grants to subrecipients; certification ........................................................... HB 1669 Transportation Safety Act of 2002; enact; Transportation
Passenger Safety Act ......................................................................................... HB 1060 Transportation Security Act of 2002; passenger safety; false
alarms; terroristic threats ...................................................................................... SB 330 Zoning; land use around airports; requirements................................................... HB 1673
LOCAL OPTION SALES TAX; qualified government entity; provisions ........... HB 376
LOCUST GROVE, CITY OF; amend provisions................................................ HB 1195
LT. COL. DOYCE ARIAIL HIGHWAY; designate portion of SR 38 ................ HR 950
LUMPKIN COUNTY Board of education; nonpartisan elections ........................................................... HB 1468 Chief magistrate; nonpartisan election................................................................. HB 1472 Commissioner districts; reapportion .................................................................... HB 1043 Education districts; reapportion ........................................................................... HB 1046 Homestead exemption; certain residents.............................................................. HB 1469 Homestead exemption; certain residents.............................................................. HB 1470 Lake Sidney Lanier Watershed Governance Council; membership .................... HB 1783 Probate court judge; nonpartisan election ............................................................ HB 1471 Sheriff; vacancies ................................................................................................. HB 1045
Refer to numerical index for page numbers
5016
INDEX
M
MACON, CITY OF Convey property...................................................................................................... SR 574 Macon-Bibb County; 2002 Cherry Blossom Festival; invite officials to House .................................................................................... HR 1225 Macon Water Authority; electoral districts; reapportion ..................................... HB 1772
MACON COUNTY Commissioner districts; reapportion .................................................................... HB 1738 Education districts; reapportion ........................................................................... HB 1737
MADISON, CITY OF; election districts; reapportion.......................................... HB 1829
MADISON COUNTY Commissioner districts; reapportion .................................................................... HB 1551 Education districts; reapportion ........................................................................... HB 1553
MAGISTRATE COURTS County and state ordinances; violation; increased jail punishment ..................... HB 1511 Jurisdiction; child abandonment cases ................................................................. HB 1061 Magistrates; minimum salary............................................................................... HB 1547 Training requirements; certain magistrates ............................................................ HB 357
MALT BEVERAGES (See Alcoholic Beverages and Alcoholism)
MARIETTA, CITY OF Cobb County-Marietta Water Authority; repeal certain provisions..................... HB 1541 Redevelopment powers; referendum.................................................................... HB 1763
MARIJUANA Controlled substance analog; definition; provisions ............................................ HB 1186 Forfeited property; distribution; land bank authorities .......................................... HB 783 Forfeiture of property; controlled substances; disposition of proceeds ............... HB 1338 Municipal courts; marijuana possession; summons or citation ............................. HB 824 Substance Abuse and Crime Prevention Act of 2001; enact.................................. HB 743 Workers' compensation; denial; certain change in condition .............................. HB 1416
MARION COUNTY; education districts; reapportion ......................................... HB 1754
Refer to numerical index for page numbers
INDEX
5017
MARRIAGE (Also, see Domestic Relations) Marriage and families; public policy that strengthens; express support.............. HR 1042 Marriage irretrievably broken; time limit for granting divorce ........................... HB 1624
MARTA (METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY) Assault and battery against public transit and school bus operators; penalties ... HB 1299 Commercial development; urge MARTOC evaluate............................................. HR 395 Joint MARTA Finance Study Committee; create .................................................. HR 848 Joint MARTA Study Committee; create................................................................ HR 851 Sales tax exemption; urban transit systems.......................................................... HB 1025 Sales tax proceeds; change provisions ................................................................. HB 1245 Sales tax proceeds; subsidize system operating costs ............................................. SB 446 Security force chief; power to administer oath of office ..................................... HB 1310 Security force chief; power to administer oath of office ........................................ SB 439 Transit operating revenue; exclude sales taxes ....................................................... SB 447
MASS TRANSPORTATION Assault and battery against public transit and school bus operators; penalties ... HB 1299 Commission on Regional Transportation; create................................................... HR 905 Joint MARTA Finance Study Committee; create .................................................. HR 848 Joint MARTA Study Committee; create................................................................ HR 851 Local sales taxes; limitation on levies; exclusions............................................... HB 1444 MARTA; commercial development; urge MARTOC evaluate ............................. HR 395 MARTA; sales tax proceeds; change provisions ................................................. HB 1245 MARTA; sales tax proceeds; subsidize system operating costs ............................. SB 446 MARTA; security force chief; power to administer oath of office...................... HB 1310 MARTA; security force chief; power to administer oath of office......................... SB 439 MARTA; transit operating revenue; exclude sales taxes........................................ SB 447 Sales tax exemption; urban transit systems.......................................................... HB 1025
MASSEY, HONORABLE WARREN Communication .................................................................................................. Page 1233
MAX LOCKWOOD HIGHWAY Designate portion of U. S. 441............................................................................. HR 1035 Designate portion of U. S. 441............................................................................. HR 1348
MCDONOUGH, CITY OF; corporate limits ....................................................... HB 1796
Refer to numerical index for page numbers
5018
INDEX
MCDUFFIE COUNTY Commissioner districts; reapportion .................................................................... HB 1713 Education districts; reapportion ........................................................................... HB 1712
MCINTOSH COUNTY Board of commissioners; election districts; terms, eligibility................................. SB 568 Grant easement ........................................................................................................ SR 575
MCINTYRE, CITY OF Wilkinson County Water and Sewer Authority; name change ............................ HB 1473
MCKINNEY, HONORABLE BILLY; communication ................................... Page 1742
MEDICAL ASSISTANCE AND MEDICAID Dental services; pregnant women; urge Medicaid coverage................................ HR 1149 House Study Committee on the Georgia Social Security Supplement Program; create ............................................................... HR 1148
MEDICAL CONSENT Hospitals; transfer of patient without consent; prohibition.................................... HB 988 Hospitals; transfer of patient without consent; prohibition.................................. HB 1099
MEDICARE SUPPLEMENT INSURANCE Medicare supplement insurance; disabled persons under 65 years...................... HB 1219
MEETINGS Open meetings; telecommunications conference; military duty............................ HB 981 Open records; emergency "911" calls; redact certain information ........................ HB 696 Public officers and employees absent on military duty; office not vacated; agency meetings by telecommunications conference...................... SB 449
MEMORIAL DRIVE; redesignate portions of SR 154 and SR 10 ........................ HR 794
MENTAL HEALTH Community service boards; powers, duties, and functions.................................... HB 332 Criminal procedure; insanity plea; amend provisions............................................ HB 971 House Committee on Psychiatric Medication of SchoolAge Children; create.......................................................................................... HR 1650 House Study Committee on the Organization of the Public Delivery System for Mental Health, Mental Retardation, and Substance Abuse Services; create ................................................................ HR 648
Refer to numerical index for page numbers
INDEX
5019
Mental health, developmental disabilities, and addictive diseases; regional planning boards; community service boards; state ombudsman .................................................................................... HB 498
Minors; person in loco parentis; revise laws........................................................ HB 1323 Patients in certain facilities; transportation .......................................................... HB 1400 Postmajority child support; mentally or physically disabled child ...................... HB 1412
MENTALLY RETARDED Community service boards; powers, duties, and functions.................................... HB 332 Criminal procedure; insanity plea; amend provisions............................................ HB 971 Georgia Tort Claims Act; state liability; amend provisions .................................. HB 973 House Study Committee on the Organization of the Public Delivery System for Mental Health, Mental Retardation, and Substance Abuse Services; create ................................................................ HR 648 Mental health, developmental disabilities, and addictive diseases; regional planning boards; community service boards; state ombudsman .................................................................................... HB 498 Mental health; patients in certain facilities; transportation .................................. HB 1400
MERIT SYSTEM (Also, see State Employees or State Government) Exclude Department of Technical and Adult Education employees ................... HB 1181 Former state employees; return to service; restoration of forfeited sick leave .... HB 1704 Georgia Sports Hall of Fame Authority; composition; administrative functions; personnel; create Advisory Committee ...................... SB 478 Redefine department and agency; exclude authorities and public corporations ............................................................................................ HB 1417 State agencies; rejected applications for law enforcement positions; written notification................................................................................ HB 72 State employees' health insurance; denied claims; reviews ................................ HB 1607 State employees; organ donors; paid leave of absence ........................................ HB 1049 State employees; unused sick leave; transfer to another employee ..................... HB 1496
MERIWETHER COUNTY; chief magistrate; nonpartisan elections..................... SB 454
MILITARY AFFAIRS Ad valorem tax; exemption for surviving spouses of certain military personnel.................................................................................. HB 1217 Ad valorem tax exemption; motor vehicles; Medal of Honor recipients............. HB 1204 Department of Defense and Georgia Military College; contract provisions ....... HB 1620 Income tax; exempt certain military income........................................................ HB 1006 Income tax; exempt certain military income........................................................ HB 1202 Income tax; exempt certain military personnel.................................................... HB 1035
Refer to numerical index for page numbers
5020
INDEX
Income tax; exempt certain national guard or reserve member ........................... HB 1137 Income tax; exempt certain military service .......................................................... HB 238 Motor vehicles; registration and licensing; certain military
tags; employee use of department vehicle......................................................... HB 1112 National Guard Day in Georgia; recognize January 29, 2002 ............................... HR 853 National missile defense system; urge Congress oppose..................................... HR 1651 North Georgia College; award of abandoned military scholarships .................... HB 1205 Open meetings; telecommunications conference; military duty............................ HB 981 Public officers and employees absent on military duty; office
not vacated; agency meetings by telecommunications conference...................... SB 449 Public officers and employees; certain military duty; additional pay.................. HB 1236 Public officers and employees on military duty; salary and salary differential... HB 1405 Sales tax; exempt wax or dies; military equipment ............................................. HB 1024 Sales tax; exempt wax or dies; military equipment ............................................. HB 1041 Superior courts; certain military records; exempt from public inspection........... HB 1203
MINERAL RESOURCES Fraud; failure to pay; certain minerals and rock products.................................... HB 1201 Surface mining and borrow pits; redefine............................................................ HB 1616
MINORS Certain employment; written parental permission ................................................... HB 13 Child abuse; access to records by child-caring and child-placing agencies ........ HB 1210 Child custody; joint physical custody; court designates custodial parent............ HB 1039 Child endangerment law; criminal penalties; punishment ...................................... SB 407 Children's Internet Protection Act; enact............................................................. HB 1364 Commission on Psychiatric Medication of School-Age Children; create ............. HR 946 Computer pornography and child exploitation; increase penalties ........................ HB 852 Computer pornography; unlawful sexual offenses involving children; felony penalty........................................................................................ SB 432 Computers; Internet safety policy; schools and public libraries; conditional funding ............................................................................... SB 387 Criminal procedure; certain crimes against children; change age limit.................. SB 333 Cruelty to children; sexual abuse of a minor under age 16; criminal penalties ...... SB 187 Defense of Scouting Act; enact............................................................................... SB 191 Drivers' licenses; application of minor; additional signer ................................... HB 1179 Drivers' licenses; Class D eligibility; exempt certain 17-year-olds .................... HB 1254 Drivers' licenses; Class D permits; change limitations........................................ HB 1255 Food service establishments; refusal to serve certain customers in smoking section............................................................................ HB 1533 Georgia Building Authority; operation of child care and child development centers .................................................................................... SB 409
Refer to numerical index for page numbers
INDEX
5021
Georgia Tort Claims Act; state liability; amend provisions .................................. HB 973 House Committee on Psychiatric Medication of School-Age
Children; create ................................................................................................. HR 1650 Joint Study Committee on Early Childhood Education; create ........................... HR 1105 Juvenile courts; transfer of cases from superior courts.......................................... HB 269 Juvenile proceedings; amend provisions................................................................ HB 127 Juvenile proceedings; certain cost of care; discovery............................................ HB 642 Juvenile proceedings; efforts to preserve and reunite families; provisions ............ SB 428 Juvenile proceedings; photographing certain children; authorization ................. HB 1105 Motor vehicle instructional video and manual for new drivers; provisions ........... SB 246 Motor vehicles; instruction permits; display of certain decals ............................ HB 1600 Person in loco parentis; revise laws ..................................................................... HB 1323 Postmajority child support; mentally or physically disabled child ...................... HB 1412 Rape; female under age 12 ................................................................................... HB 1168 Revocation of minor's driver's license; withdrawal of parental consent............. HB 1529 Sales tax exemption; children's clothing; infant care items................................. HB 1528 Schools; electronic communication devices; delete prohibition.......................... HB 1044 Schools; electronic communication devices; exception to prohibition................... SB 336 Schools; minimum age for enrollment; delete exception..................................... HB 1567 Seat belts; child safety restraints; applicable vehicles ......................................... HB 1069 Seat belts; child safety restraints; applicable vehicles ......................................... HB 1091 Sexual offender registration requirements; internet access;
schools and day-care facilities........................................................................... HB 1054 Sexual offender registration requirements; internet access;
schools and day-care facilities.............................................................................. SB 433 Standby Guardianship Act; enact........................................................................... HB 917 Student codes of conduct; conduct on public school buses;
acts of physical violence; penalties ...................................................................... SB 291 Student self-administration of asthma medication; Kellen
Edwin Bolden Act ................................................................................................ SB 472 Torts; child passenger safety technician; liability; immunity .............................. HB 1066 Violent Video Game Protection Act; enact.......................................................... HB 1378
MITCHELL COUNTY Commissioner districts; reapportion .................................................................... HB 1549 Education districts; reapportion ........................................................................... HB 1388 Joint Recreation Authority of Brooks, Colquitt, Grady, Mitchell and Thomas Counties; create................................................................. SB 563
MOBILE HOMES Manufactured or mobile home parks; severe weather warning devices .............. HB 1268 Transportable housing; certain foreclosure; liability to satisfy lien........................ SB 422
Refer to numerical index for page numbers
5022
INDEX
MONROE COUNTY Commissioner districts; reapportion .................................................................... HB 1510 Education districts; reapportion ........................................................................... HB 1781 Homestead exemptions; certain residents ............................................................ HB 1509
MONTGOMERY COUNTY Chief magistrate; nonpartisan nomination and election.......................................... SB 242
MORGAN COUNTY Commissioner districts; reapportion .................................................................... HB 1265 Education districts; reapportion ........................................................................... HB 1264
MORGANTON, CITY OF City council; amend provisions............................................................................ HB 1539 City council; amend provisions............................................................................ HB 1632
MORTGAGES AND LIENS Financial institutions; Department of Banking and Finance; amend provisions ................................................................................................. SB 353 Foreclosure; petition for writ of possession; filing affidavit................................ HB 1774 Hospital liens; application to cause of action; provisions....................................... SB 451 Superior court clerks; recording liens, deeds, and other documents; revise provisions ............................................................................ HB 1582 Transportable housing; certain foreclosure; liability to satisfy lien........................ SB 422 Traumatic burn care medical practice; cost of care; lien on patient's cause of action .................................................................................... HB 1040
MOSLEY, HONORABLE HINSON; committee assignment ................................ Page 7
MOTOR CARRIERS Federal vehicle standards; truck equipment; commercial vehicle operators; carriers; chauffeur's permits ................................................... SB 488 Motor vehicles; certain vehicles; lane restrictions ............................................... HB 1111 Motor vehicles; maximum speed limits; certain vehicles ...................................... HB 959
MOTOR FUEL AND ROAD TAX (Also, see Gas, Gasoline, and Gas Service or Motor Vehicles and Traffic) Joint Ethanol Production Study Committee; create ............................................... HR 806 Joint Study Committee on Alternative and Environmentally Sensitive Truck Fuels; create ............................................................................... SR 604 License plates and fees; redesignate certain provisions in Title 48 to Title 40 ..... HB 250 State Public Transportation Fund; sales tax on motor fuels; amend.................... HB 1523
Refer to numerical index for page numbers
INDEX
5023
MOTOR VEHICLE ACCIDENT INSURANCE Credit reports; prohibition.................................................................................... HB 1115 Losses; include towing and storage costs............................................................. HB 1693 Motor vehicle liability; local governments; waiver of immunity ........................ HB 1128 Motor vehicle registration; suspension, cancellation, revocation; amend provisions; proof of insurance ............................................ HB 1314 Multiple lienholders; total loss claims; certain access to records ........................ HB 1157 Off-road vehicles; insurance, registration, titling, operation ............................... HB 1695 Off-road vehicles; operation on unpaved highways; provisions.......................... HB 1613 Personal private motor vehicles; rate filings........................................................ HB 1452 Proof of coverage; state database ........................................................................... HB 994 Time-based or mile-based premiums ................................................................... HB 1491 Towing and storage; insurance premium finance companies; amend provisions ............................................................................... HB 24
MOTOR VEHICLES AND TRAFFIC Abandoned motor vehicles; removal and disposition .......................................... HB 1562 Abandoned vehicles; towing and storage charges; lien foreclosure procedures; certain paid parking lots, prohibit towing...................... SB 334 Ad valorem tax; heavy-duty equipment motor vehicles; amend provisions.......... HB 974 Arrests for motor vehicle violations; reports by school bus drivers or other recorded visual evidence ...................................................... SB 296 Assault and battery against public transit and school bus operators; penalties ... HB 1299 Certain alcoholic beverage facilities; parking lots; prohibitions ......................... HB 1702 Crimes; certain air bag installation; prohibition................................................... HB 1192 Disabled persons; parking; identification of enforcement personnel................... HB 1113 Dog and cat sterilization; license plates promoting ............................................... HB 945 Dog and cat sterilization; special license plate funding - CA ................................ HR 264 Drivers' licenses; aliens; amend provisions ......................................................... HB 1008 Drivers' licenses; application of minor; additional signer ................................... HB 1179 Drivers' licenses; Class D eligibility; exempt certain 17-year-olds .................... HB 1254 Drivers' licenses; Class D permits; change limitations........................................ HB 1255 Drivers' licenses; issuance in border states or countries; authorize use in Georgia...................................................................................... HB 983 Drivers' licenses; mail or electronic renewal....................................................... HB 1739 Drivers' licenses; renewal applications by mail or electronic transmission ........ HB 1368 Drivers' licenses; restoration; completion of certain courses or programs............ HB 480 Driver training schools and instructors; regulate ................................................. HB 1298 Driving privileges; suspension; failure respond to traffic citation in federal court......................................................................................... SB 401 Driving under the influence; certain administrative proceedings; amend provisions............................................................................................... HB 1506
Refer to numerical index for page numbers
5024
INDEX
Driving under the influence; drivers' licenses; chemical tests; open containers in vehicles; fleeing from police.................................................. SB 482
Emission inspections; Board of Natural Resources; certain power ..................... HB 1108 False driver's license or identification; prohibition; penalties............................. HB 1131 Federal vehicle standards; truck equipment; commercial
vehicle operators; carriers; chauffeur's permits ................................................... SB 488
Funeral processions; redefine term; participating vehicle ..................................... SB 279
Georgia Clean Communities Act of 2002; enact ................................................. HB 1343 House Biodiesel Study Committee; create........................................................... HR 1321 House Emergency Motorist Aid Study Committee; create.................................... HR 129 House State Law Enforcement Officers' Advocate Study Committee; create .... HR 1492 House Study Committee on Fair Vehicle Taxation; create.................................. HR 1382 House Tow Truck Rapid Response Study Committee; create ............................. HR 1323 Identity fraud; define offense; victim assistance; proper
business records disposal...................................................................................... SB 475 Income tax credits; electric vehicle charger......................................................... HB 1164 Income tax credits; low and zero emission vehicles; amend ............................... HB 1260 Income tax credits; zero emission motor vehicles; qualifications .......................... SB 380 Insurance; personal private motor vehicles; rate filings ...................................... HB 1452 Joint Ethanol Production Study Committee; create ............................................... HR 806 Joint Study Committee on Alternative and Environmentally
Sensitive Truck Fuels; create ............................................................................... SR 604 Law enforcement officers; prohibit racial profiling............................................. HB 1190 License plates and fees; redesignate certain provisions in Title 48 to Title 40 ..... HB 250 License plates; display; change certain provisions .............................................. HB 1261 License plates on government vehicles; change appearance ................................. HB 222 Loaded firearms in private motor vehicles; authorize............................................ HB 144 Low-speed vehicles; operation on public streets; income tax credits .................. HB 1389 Low-speed vehicles; operation on public streets; income
tax credits; low-emission vehicles..................................................................... HB 1439 Minors; person in loco parentis; revise laws........................................................ HB 1323 Motor vehicle accident insurance; credit reports; prohibition ............................. HB 1115 Motor vehicle accident insurance; multiple lienholders;
total loss claims; certain access to records ........................................................ HB 1157 Motor vehicle driving skills instructional video and manual
for new drivers; ETV broadcast and distribution to parents ................................ SB 246 Motor vehicle insurance; proof of coverage; state database .................................. HB 994 Motor vehicle liability insurance; losses; include towing and storage costs ....... HB 1693 Motor vehicle liability insurance; time-based or mile-based premiums.............. HB 1491 Motor vehicle liability; local governments; waiver of immunity ........................ HB 1128 Motor vehicle registration; suspension, cancellation,
revocation; amend provisions; proof of insurance ............................................ HB 1314
Refer to numerical index for page numbers
INDEX
5025
Motor Vehicle Safety Department; board and commissioner; per diem ............. HB 1109 Motor Vehicle Safety Department; law enforcement
personnel; use of motor vehicles ....................................................................... HB 1502 Motor vehicle safety; forms; amend provisions................................................... HB 1184 Motor vehicle sales finance; repossession; amend............................................... HB 1161 Motor vehicles; certain vehicles; lane restrictions ............................................... HB 1111 Motor vehicles; charging stations for electric vehicles; designate ...................... HB 1165 Motor vehicles; electric personal assistive mobility devices; regulate ................... SB 397 Motor vehicles; instruction permits; display of certain decals ............................ HB 1600 Motor vehicles; maximum speed limits; certain vehicles ...................................... HB 959 Motor vehicles on public roads; prohibit nitrous oxide ......................................... HB 151 Motor vehicles or watercraft on sand dunes; prohibit;
protection of nesting sea turtles and shore birds ............................................... HB 1048 Motor vehicles; registration and licensing; certain military
tags; employee use of department vehicle......................................................... HB 1112 Motor vehicles; registration and taxation; amend provisions .............................. HB 1740 Motor vehicles; strobe lights; require on garbage trucks ..................................... HB 1398 Motor vehicles; unattended; removal from public property after 2 days................ SB 105 Negligent drivers; improper use of mobile phones
resulting in an accident; points assessment and fine ............................................ SB 167 No-passing zones; certain exception; HOV lanes................................................ HB 1448 Off-road vehicles; insurance, registration, titling, operation ............................... HB 1695 Off-road vehicles; operation on unpaved highways; provisions.......................... HB 1613 Off-road vehicles; use on public highways; prohibition; exception ...................... HB 194 Outdoor advertising; nudity or sexual conduct; prohibit ..................................... HB 1576 Radar; permit for use; prohibitions ...................................................................... HB 1275 Revocation of minor's driver's license; withdrawal of parental consent............. HB 1529 Seat belts; child safety restraints; applicable vehicles ......................................... HB 1069 Seat belts; child safety restraints; applicable vehicles ......................................... HB 1091 Special license plates; Boy Scouts of America .................................................... HB 1022 Special license plates; breast cancer programs for medically indigent................ HB 1402 Special license plates; breast cancer programs; indigent ..................................... HB 1148 Special license plates; Future Farmers of America.............................................. HB 1315 Special license plates; motorcycle plates for veterans ......................................... HB 1501 Special license plates; National Rifle Association............................................... HB 1295 Special license plates; Thanks Mom and Dad Fund ............................................ HB 1316 Special license plates; Thanks Mom and Dad Fund ............................................ HB 1460 Special license plates; veterans; amend provisions.............................................. HB 1009 Special license plates; veterans' tags; certain businesses .................................... HB 1614 Speeding fines; reports by courts; uniform traffic citation .................................. HB 1610 State Public Transportation Fund; sales tax on motor fuels;
amend provisions............................................................................................... HB 1523
Refer to numerical index for page numbers
5026
INDEX
Taxicabs; regulation by Department of Motor Vehicle Safety ............................ HB 1643 Traffic-control signal monitoring devices; recorded images; enforcement ............ SB 348 Transportation Safety Act of 2002; enact; Transportation
Passenger Safety Act ......................................................................................... HB 1060 Transportation Security Act of 2002; passenger safety;
false alarms; terroristic threats ............................................................................. SB 330 Transportation; vehicles subject to weighing, measuring,
inspecting; refusal to stop.................................................................................. HB 1110 Uniform rules of the road; enforcement; traffic law
compliance monitoring devices......................................................................... HB 1308 Uniform rules of the road; mobile phones; prohibition; exception...................... HB 1589 Uniform rules of the road; radar; certain residential area ...................................... HB 454 Uniform rules of the road; radios and mobile phones; drivers' duty................... HB 1353 Uniform rules of the road; use of radios and mobile phones; warnings .............. HB 1093 Used motor vehicle and parts dealers; redefine rebuilder.................................... HB 1029 Used motor vehicle dealers; redefine; exclude certain organizations.................. HB 1178 Vehicles and loads; excess weight and dimensions; permits............................... HB 1572 Vehicles and loads; unginned cotton; securing loads ............................................ HB 960 Weights of vehicles and loads; exemption for ready-mixed concrete .................... SB 386
MOTORCYCLES Motorcycle Awareness and You Month; recognize May, 2002 .......................... HR 1048 Public accommodations; access or admission to motorcycle patrons....................... SB 52 Special license plates; motorcycle plates for veterans ......................................... HB 1501
MOULTRIE, CITY OF; corporate limits............................................................. HB 1690
MOUNT ZION, CITY OF; commend on 150th anniversary............................... HR 1638
MUNICIPALITIES (Also, see Local Government or Named Municipality) Ad valorem; taxpayer claims for refunds; increase filing time period .................. SB 319 Alcoholic beverages; Sunday sales; consumption on premises; local authorization............................................................................. HB 1331 Animal protection; county and municipal ordinances ............................................ SB 399 Animals; certain facilities; local zoning and animal control regulations............. HB 1637 Annexation; certain populated counties; approval provisions ................................ SB 136 Blanket bonds; two or more political subdivisions; interlocal risk management agency ................................................................... HB 1514 Business and occupation taxes; excessive regulatory fees; remedies .................... HB 878 Certain real property; removal from industrial area; binding on successors - CA ................................................................................... HR 27
Refer to numerical index for page numbers
INDEX
5027
Counties and municipalities; community redevelopment tax incentive program - CA ................................................................................. HR 391
Criminal procedure; graffiti; local government compensation programs............ HB 1726 Education accountability; certain actions by local boards;
enhanced annual report........................................................................................ HB 473 Elections; absentee voting; amend provisions ....................................................... HB 112 Elections; on-site absentee voting period; provisions.......................................... HB 1770 Elections; uniform system of direct recording electronic
voting equipment; provisions ............................................................................... SB 414 Emergency medical services; local governments designate
ambulance providers.......................................................................................... HB 1031 Eminent domain or condemnation; public utilities or
services; local government approval ................................................................. HB 1273 Greenspace Trust Fund; allocation of certain funds ............................................... SB 438 Georgia Public Service Employees' Occupational Safety
and Health Act; enact ........................................................................................ HB 1424 Homestead option sales tax; distribution of proceeds.......................................... HB 1167 Hotel-motel tax; failure to pay; criminal penalties .............................................. HB 1564 Hotel-motel tax; levy provisions; occupation taxes;
excessive regulatory fees................................................................................... HB 1519 House Local Assistance Road Program Study Committee; create ........................ HR 392 Joint Study Committee on Historic Local Government Records; re-create........... HR 345 Joint Study Committee on Urban Road Building Guidelines; create .................... HR 130 Local boards of education and Christian Learning Center Boards; commend ...... HR 910 Local boards of education; health insurance; certain coverage ........................... HB 1121 Local government budgets; authority to draw from treasury............................... HB 1187 Local governments; authority to contract with certain organizations.................. HB 1188 Local governments; contracts and bids; publish in
Georgia Procurement Registry ......................................................................... HB 1218 Local governments; forestry resources, streets, and roads; powers ..................... HB 1154 Local governments; state grants to subrecipients; certification ........................... HB 1669 Local retirement systems; investment guidelines;
minimum funding standards.............................................................................. HB 1345 Local sales taxes; limitation on levies; exclusions............................................... HB 1444 Mobile home decal; failure to display; prosecution............................................... HB 134 Motor vehicle liability; local governments; waiver of immunity ........................ HB 1128 Municipal candidates in certain cities; repeal majority vote provisions.............. HB 1435 Municipal charter; grant to certain island area meeting
requirements for incorporation; boundaries ......................................................... SB 313 Municipal courts; marijuana possession; summons or citation ............................. HB 824 Municipal courts; misdemeanors; trials; accusation or citation........................... HB 1169 Off-road vehicles; operation on unpaved highways; provisions.......................... HB 1613
Refer to numerical index for page numbers
5028
INDEX
Off-road vehicles; use on public highways; prohibition; exception ...................... HB 194 Open records exemption; certain information; local government employees ..... HB 1374 Property tax exemption; private land dedicated for public road.......................... HB 1603 Public officers and employees; business transactions with local governments ... HB 1050 Public officers and employees; certain military duty; additional pay.................. HB 1236 Public officers and employees on military duty; salary and salary differential... HB 1405 Public officials; indictment procedures; Corruption Prevention Act ..................... SB 234 Radar; permit for use; prohibitions ...................................................................... HB 1275 Railroads, counties, municipalities; grade crossings; amend provisions ............. HB 1382 Retail package store; location restriction; certain waiver .................................... HB 1724 Retail package store; location; waive certain restriction...................................... HB 1706 Sales tax; exempt sales to certain local government authorities .......................... HB 1418 Sales tax; exempt sales to certain local government authorities
or corporations................................................................................................... HB 1367 Sales tax; local assistance road program expenses - CA...................................... HR 1085 Sales tax; special county or joint municipal and county tax; amend ..................... HB 376 School councils; local boards of education; amend provisions ........................... HB 1196 School principals; state supplement; periodic payments ....................................... HB 245 Septic tanks; certified installers and pumpers; bonds .......................................... HB 1163 Sunday sales; beer and wine by the drink; certain counties
and municipalities; referendum......................................................................... HB 1433 Taxes and license fees; refunds by counties and municipalities;
time for filing claim........................................................................................... HB 1225 Taxes and license fees; refunds by counties and municipalities;
time for filing claim........................................................................................... HB 1227 Taxes and license fees; refunds by counties and municipalities;
time for filing claim........................................................................................... HB 1286 Transportation Safety Act of 2002; enact; Transportation
Passenger Safety Act ......................................................................................... HB 1060 Uniform rules of the road; radar; certain residential area ...................................... HB 454 Water supply systems employees; criminal records checks
and fingerprinting .............................................................................................. HB 1428 Wine or fermented beverages; sales by the drink; local excise taxes .................. HB 1394
MUNTEAN, HONORABLE MICHAEL D. Election............................................................................................................... Page 1170 Oath of office ..................................................................................................... Page 1173
MURRAY COUNTY Flood Town Christmas Community in Murray County; designate...................... HR 1087 Magistrates; nonpartisan election......................................................................... HB 1149 Ridley Community in Murray County; designate.................................................. HR 981
Refer to numerical index for page numbers
INDEX
5029
MUSCOGEE COUNTY Columbus county-wide government; council districts; reapportion .................... HB 1663 Education districts; reapportion ........................................................................... HB 1409
N
NATIONAL GUARD Georgia Military Pension Fund; create .................................................................. HB 227 Income tax; exempt certain military income........................................................ HB 1202 Income tax exemption; certain national guard or reserve member ...................... HB 1137 National Guard Day in Georgia; recognize January 29, 2002 ............................... HR 853 Public officers and employees; certain military duty; additional pay.................. HB 1236
NATURAL GAS (See Gas, Gasoline, and Gas Service)
NATURAL RESOURCES (See Conservation and Natural Resources)
NEWTON COUNTY; education districts; reapportion ........................................ HB 1700
NICHOLSON, CITY OF; powers; governing authority ...................................... HB 1722
NONPROFIT CORPORATIONS Ad valorem tax; exempt certain historic property; medical museum .................. HB 1244 Bingo games; fee for conducting; participation in operations ............................. HB 1329 Foreign corporations; certificates of authority; registered agents; copies of documents; fees ..................................................................... HB 1223 Special license plates; Boy Scouts of America .................................................... HB 1022 Used motor vehicle dealers; redefine; exclude certain organizations.................. HB 1178
NONRESIDENTS Drivers' licenses; issuance in border states or countries; authorize use in Georgia...................................................................................... HB 983 Nonresident or alien wholesale fish dealers; license fees .................................... HB 1088 Pen raised quail; training pointing and retrieving dogs ....................................... HB 1058
NORMAN W. FRIES MEMORIAL HIGHWAY Designate ................................................................................................................ HR 838 Designate ................................................................................................................. SR 695
NOTARIES PUBLIC Personal knowledge of person signing................................................................. HB 1571
Refer to numerical index for page numbers
5030
INDEX
Personal knowledge of signer; prohibit certain fees ............................................ HB 1619 Unauthorized practice of law; prohibitions.......................................................... HB 1256
NUCLEAR ENERGY (See Energy)
NUISANCES Agricultural facilities and operations; definitions; state policy ........................... HB 1087 Animals; certain facilities; local zoning and animal control regulations............. HB 1637 Georgia Clean Communities Act of 2002; enact ................................................. HB 1343 Nuisance abatement liens; tax liens and sales; judicial foreclosures; interested parties; procedures ......................................................... SB 462
NURSES Health care practitioners; credentialing data; centralized collection ..................... HB 356 Health Care Work Force Planning Act; enact....................................................... HB 652 Medical patient records; privacy regulations; release and handling; subpoenas; liability........................................................................ SB 210 Multistate Compact; enact...................................................................................... HB 968 Patient Safety and Health Care Reporting Act; enact ............................................ HB 965
NURSING HOMES Traumatic burn care medical practice; cost of care; lien on patient's cause of action ............................................................................... HB 1040 Veterans' Nursing Home Care Trust Fund; create; special license plates - CA .... HR 646
O
OATHS OF OFFICE Gardner, Representative-elect Pat ............................................................................ Page 5 Grasse, Representative-elect Diane Z. ................................................................ Page 875 Muntean, Representative-elect Michael D. ....................................................... Page 1173 O'Neal, Representative-elect Larry.......................................................................... Page 2
OBSCENITY Computer pornography; unlawful sexual offenses involving children; felony penalty........................................................................................ SB 432 Computers; Internet safety policy; schools and public libraries; conditional funding ............................................................................... SB 387 Obscene material; distribution; increase penalties............................................... HB 1366 Obscenity and Pornography Complaints Ombudsman; create ............................ HB 1365
Refer to numerical index for page numbers
INDEX
5031
OCCUPATIONAL LICENSE (See Business and Occupation Tax)
OCCUPATIONAL THERAPISTS Health care practitioners; credentialing data; centralized collection ..................... HB 356
OFF-ROAD VEHICLES Insurance, registration, titling, operation ............................................................. HB 1695 Operation on unpaved highways; provisions ....................................................... HB 1613 Use on public highways; prohibition; exception.................................................... HB 194
OGLETHORPE COUNTY Commission districts; reapportion ....................................................................... HB 1276 Education districts; reapportion ........................................................................... HB 1277
ONEGEORGIA AUTHORITY Transfer to Department of Community Affairs ................................................... HB 1393
O'NEAL, HONORABLE LARRY Committee assignment ........................................................................................... Page 10 Election..................................................................................................................... Page 2 Oath of office ........................................................................................................... Page 2
OPEN AND PUBLIC MEETINGS (See Meetings)
OPTOMETRISTS Health care practitioners; credentialing data; centralized collection ..................... HB 356 Pharmaceutical agents; establish list.................................................................... HB 1156 Scope of practice .................................................................................................. HB 1408
OUTDOOR ADVERTISING Multiple message signs ............................................................................................ SB 59 Nudity or sexual conduct; prohibit....................................................................... HB 1576 Signs along public roads; change penalty provisions ............................................ HB 964
P
PARAPROFESSIONALS Degree requirements; urge board of regents adopt certain policy ........................... HR 789 House Paraprofessionals Study Committee; create................................................ HR 1413 Income tax credit; certain teachers or paraprofessionals ....................................... HB 1052
Refer to numerical index for page numbers
5032
INDEX
Income tax credit; teachers or paraprofessionals; qualified education expenses ................................................................................................ HB 982
PARDONS AND PAROLES Corrections Department and Pardons and Paroles Board; communication with elected officials ................................................................. HB 1330 Crimes; certain convictions; serve entire sentence - CA ......................................... HR 740 Define serious felony; minimum term ..................................................................... HB 969 Family violence intervention programs; operation and certification ........................SB 467 Interstate Compact for Adult Offender Supervision; enact...................................... HB 885 Juvenile courts; transfer of cases from superior courts............................................ HB 269 Penal institutions; split sentence probationers; supervision..................................... HB 791
PARENT AND CHILD Adoption; records access; certain birth certificates ............................................... HB 1127 Alimony and child support; financial condition of parties; judgments.................. HB 1647 Baby's Right to Know Act; enact; require mother give name of father ................ HB 1513 Breastfeeding in public places; amend provisions ....................................................SB 221 Child custody; joint physical custody; court designates custodial parent.............. HB 1039 Child endangerment law; criminal penalties; punishment ........................................SB 407 Child support enforcement; medical support; bank match registry; amend provisions .................................................................................. HB 1224 Cruelty to children in second degree; add nonmerger provision ........................... HB 1062 Determination of paternity; motion to set aside; genetic testing ............................. HB 369 Escape; redefine; child support or alimony arrearage............................................ HB 1257 Establishing paternity; legitimation ....................................................................... HB 1172 Grandparent visitation; petition; filing; fees .......................................................... HB 1094 Income tax credit; qualified child care expenses ................................................... HB 1251 Magistrate courts; jurisdiction; child abandonment cases ..................................... HB 1061 Minors; certain employment; written parental permission ....................................... HB 13 Minors; person in loco parentis; revise laws.......................................................... HB 1323 Postmajority child support; mentally or physically disabled child ........................ HB 1412 Revocation of minor's driver's license; withdrawal of parental consent............... HB 1529 Safe Place for Newborns Act of 2002; enact ........................................................... HB 360 Safe Place for Newborns Act of 2002; enact ......................................................... HB 1718 Sales tax exemption; children's clothing; infant care items................................... HB 1528 Special license plates; Thanks Mom and Dad Fund .............................................. HB 1316 Special license plates; Thanks Mom and Dad Fund .............................................. HB 1460 Standby Guardianship Act; enact............................................................................. HB 917 Wills; probate codes; amend provisions .................................................................. HB 639
Refer to numerical index for page numbers
INDEX
5033
PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION Ad valorem tax; exempt certain historic property; medical museum .................... HB 1244 Archeological sites; disturbance; exception to prohibition.................................... HB 1198 Artifacts in certain riverbeds; not subject to certain laws ...................................... HB 1642 Confederate History and Heritage Month; recognizing April...................................SR 923 Georgia Sports Hall of Fame Authority; composition; administrative functions; personnel; create Advisory Committee .........................SB 478 Joint Study Committee on Jekyll Island; create..................................................... HR 1105 Joint Study Committee on Jekyll Island; create........................................................SR 826 McNeely, Walter Boone; certain contributions; urge Department of Natural Resources recognize....................................................... HR 1487 Oconee River Greenway Authority; create ............................................................ HB 1096 Power Alley Development Authority Act; enact ..................................................... HB 744 Sapelo Island Heritage Authority; membership........................................................SB 391
PARTNERSHIPS Foreign corporations; certificates of authority; registered agents; copies of documents; fees ....................................................................... HB 1223
PAULDING COUNTY Education districts; reapportion ............................................................................. HB 1336 West Georgia Regional Water Authority; remove Douglas County as member............................................................................................... HB 1542
PAULDING JUDICIAL CIRCUIT; create ............................................................. HB 990
PEACE OFFICERS (See Law Enforcement Officers and Agencies)
PEACH COUNTY Commissioner districts; reapportion ...................................................................... HB 1683 Education districts; reapportion ............................................................................. HB 1684
PEACHTREE CITY, CITY OF; new charter ....................................................... HB 1362
PENAL INSTITUTIONS Appellate review; criminal cases; judgments, rulings, decisions, motions; summary judgments; jurisdiction ..........................................SB 393 Certain convicted felons; restoration of right to vote - CA...................................... HR 792 Commission on Fairness for Prisoners' Families; create....................................... HR 1326 Counties housing state inmates; reimbursement .................................................... HB 1014 Corrections, Board of; quorum..................................................................................SB 388
Refer to numerical index for page numbers
5034
INDEX
Corrections Department and Pardons and Paroles Board; communication with elected officials ................................................................. HB 1330
Criminal trespass; certain sexual offenders; school safety zones ............................ HB 407 Family violence intervention programs; operation and certification ........................SB 467 First offender disposition records; amend provisions ............................................ HB 1720 Health; hepatitis C; urge increased awareness ....................................................... HR 1536 International Transfer of Prisoners Act; enact ..........................................................SB 389 Interstate Compact for Adult Offender Supervision; enact...................................... HB 885 Jails; request for custody; transfer of convicted person ......................................... HB 1450 Joint Study Committee on Medical Care for Prison Inmates; create ....................... HR 455 Pardons and paroles; define serious felony; minimum term.................................... HB 969 Sexual offender registration requirements; internet access;
schools and day-care facilities............................................................................. HB 1054 Sexual offender registration requirements; internet access;
schools and day-care facilities................................................................................SB 433 Split sentence probationers; supervision .................................................................. HB 791 Voluntary inmate labor; private employers............................................................ HB 1530 Work incentive program; provisions...................................................................... HB 1017
PENSIONS (See Retirement and Pensions)
PERSONAL CARE HOMES Bondsmen and personal care home employees; criminal records checks ............. HB 1413
PESTICIDES AND PEST CONTROL Georgia Safe Schools Act; enact; pest management programs.............................. HB 1242 Structural pest control operators; examinations; qualifications; insurance requirements........................................................................................ HB 1182
PETROLEUM PRODUCTS (See Gas, Gasoline, and Gas Service)
PHARMACISTS (See Prescription Drugs and Pharmacists or Professions and Businesses)
PHYSICAL THERAPISTS Health care practitioners; credentialing data; centralized collection ....................... HB 356
PHYSICIANS, PHYSICIAN'S ASSISTANTS, AND RESPIRATORY CARE Autopsy photos or post-mortem examination reports; when public disclosure not required ...............................................................................SB 355
Refer to numerical index for page numbers
INDEX
5035
Clinical Perfusionist Licensure Act; enact ................................................................. HB 69 Commission on Psychiatric Medication of School-Age Children; create ............... HR 946 Driving under the influence; drivers' licenses; chemical tests;
open containers in vehicles; fleeing from police....................................................SB 482 Evidence; medical bills pertaining to civil trial; identification.............................. HB 1238 First trimester abortions; regulate certain facilities.................................................. HB 953 Health care practitioners; credentialing data; centralized collection ....................... HB 356 Health Care Work Force Planning Act; enact......................................................... HB 652 Income tax credits; rural physician and rural hospital; redefine ............................ HB 1258 Income tax credits; rural physician and rural hospital; redefine ............................ HB 1565 Managed health care plans; limitations on choice of providers;
disclosure to enrollees; signed affirmative consent................................................SB 378 Medical patient records; privacy regulations; release
and handling; subpoenas; liability..........................................................................SB 210 Medical records of deceased and living persons; release
conditions; written authorization............................................................................SB 356 Medical records; required retention; patient access; abandonment
of dead bodies; crematory regulation .................................................................. HB 1481 Orthotics and Prosthetics Practice Act; enact .......................................................... HB 828 Patient Safety and Health Care Reporting Act; enact .............................................. HB 965 Physician's assistants; supervision by physician; notification............................... HB 1352 Torts; certain medical training programs; immunity ............................................... HB 954 Traumatic burn care medical practice; cost of care; lien
on patient's cause of action ................................................................................. HB 1040 Volunteers in health care specialties, dentistry, and medicine
health care; continuation of Acts......................................................................... HB 1344 Volunteers in health care specialties; physicians; retired physicians .................... HB 1595 Workers' compensation; panel of physicians; employer select for employee....... HB 1318
PICKENS COUNTY; convey property .....................................................................SR 574
PIERCE COUNTY Commissioner districts; reapportion ...................................................................... HB 1386 Education districts; reapportion ............................................................................. HB 1387
PIKE COUNTY Commissioner districts; reapportion ...................................................................... HB 1766 Education districts; reapportion ............................................................................. HB 1826 Homestead exemption; certain residents................................................................ HB 1825 Homestead exemption; certain residents................................................................ HB 1827
PINE LAKE, CITY OF; new charter ........................................................................SB 574
Refer to numerical index for page numbers
5036
INDEX
PINHOLSTER, HONORABLE GARLAND; communication ............................Page 263
PODIATRY PRACTICE Evidence; medical bills pertaining to civil trial; identification.............................. HB 1238 Health care practitioners; credentialing data; centralized collection ....................... HB 356
POLK COUNTY Commissioner districts; reapportion ...................................................................... HB 1658 Education districts; reapportion ............................................................................. HB 1815 West Georgia Regional Water Authority; remove Douglas County as member............................................................................................... HB 1542
PORT WENTWORTH, CITY OF; corporate limits............................................. HB 1790
PORTERDALE, CITY OF; new charter ............................................................... HB 1779
POST MORTEM EXAM ACT Autopsy photos or post-mortem examination reports; when public disclosure not required ................................................................................SB 355
POSTSECONDARY EDUCATION Animal and Dairy Science Complex, University of Georgia; urge name honoring Edgar L. Rhodes.................................................................. HR 909 Children of certain deceased law enforcement officers; urge free college tuition............................................................................................... HR 1538 Colleges; certain foreign students; report to Immigration and Naturalization Service ......................................................................................... HB 1231 Colleges; secondary enrollment for credit; grant account; amend......................... HB 1557 Deborah Green Jackson estate; gift to Southwestern College in 1948; urge recognition and plaque .................................................................. HR 1457 Department of Defense and Georgia Military College; contract provisions ......... HB 1620 Education loan forgiveness programs; certain attorneys; Georgia Student Finance Authority........................................................................SB 465 HOPE scholarships; eligibility; certain private school graduates .......................... HB 1522 HOPE scholarships; eligibility; undocumented immigrants .................................. HB 1810 HOPE scholarships; prorated awards for part-time disabled students attending private institutions ....................................................................SB 367 HOPE scholarships; redefine "eligible high school" ............................................... HB 961 House Collegiate Athletic Association Disciplinary Study Committee; create..... HR 1328 House Student Financial Planning Study Committee; create ................................ HR 1652 Income tax and Higher Education Savings Plan; amend provisions ..................... HB 1328 Income tax and Higher Education Savings Plan; amend provisions ..................... HB 1434
Refer to numerical index for page numbers
INDEX
5037
Nonpublic Postsecondary Educational Institutions Act; amend provisions; Tuition Guaranty Trust Fund ...................................................SB 425
North Georgia College; award of abandoned military scholarships ...................... HB 1205 Paraprofessionals; degree requirements; urge board of
regents adopt certain policy................................................................................... HR 789 Postsecondary and adult education; textbooks in alternative formats ................... HB 1342 Sales tax; exempt required textbooks..................................................................... HB 1076
POWELL, HONORABLE ALAN; committee assignment.......................................Page 9
POWER ALLEY DEVELOPMENT AUTHORITY ACT; enact......................... HB 744
PREDATORY LENDING; Georgia Fair Lending Act; enact ............................... HB 1361
PREGNANT WOMEN; urge Medicaid coverage for dental services.................... HR 1149
PRESCRIPTION DRUGS AND PHARMACISTS Commission on Psychiatric Medication of School-Age Children; create ............... HR 946 Controlled substance analog; definition; provisions .............................................. HB 1186 Controlled substances and dangerous drugs; amend provisions ............................ HB 1185 Health insurance coverage; medically necessary off-label prescription drugs .........SB 458 House Study Committee on Prescription Drug Addiction; create ......................... HR 1083 Oral anticancer drugs; urge Congress require Medicare to cover.......................... HR 1118 Pharmacy technicians; pharmacy benefit managers; outdated drugs; credit for return........................................................................................... HB 585 Sales tax exemption; biotechnology research, development, or manufacturing...................................................................................................... HB 1462 Student self-administration of asthma medication; Kellen Edwin Bolden Act ..................................................................................................SB 472 Workers' compensation; denial; certain change in condition ................................ HB 1416
PRETRIAL PROCEEDINGS Appellate review; criminal cases; judgments, rulings, decisions, motions; summary judgments; jurisdiction ...........................................SB 393 Criminal procedure; insanity plea; amend provisions.............................................. HB 971 Municipal courts; misdemeanors; trials; accusation or citation............................. HB 1169
PRIMARIES (See Elections)
PRISONS (See Penal Institutions)
Refer to numerical index for page numbers
5038
INDEX
PRIVATE DETECTIVE AND PRIVATE SECURITY BUSINESSES Private security guards; arrest powers.......................................................................SB 168 Summons; service by private detectives ................................................................ HB 1065
PRIVATE SCHOOLS HOPE scholarships; eligibility; certain private school graduates .......................... HB 1522 Regional educational service agencies; sales to private schools.............................. HB 136
PROBATE COURTS Archives and History; change Department of to Division of; amend provisions................................................................................................... HB 487 County boards of elections and registration; creation.................................................SB 32 Judges; change certain fees; clarify provisions...................................................... HB 1279 Judges; eligibility requirements; certain counties .................................................. HB 1064 Judges of the Probate Courts Retirement; payments into fund; civil filings; application for license to carry pistol or revolver............................. HB 571 Wills; probate codes; amend provisions .................................................................. HB 639
PROBATION Family violence intervention programs; operation and certification ........................SB 467 First offender disposition records; amend provisions ............................................ HB 1720 Penal institutions; split sentence probationers; supervision..................................... HB 791 Substance Abuse and Crime Prevention Act of 2001; enact.................................... HB 743 Victim compensation awards; maximum amounts; probation fees ....................... HB 1142
PROFESSIONAL COUNSELORS, SOCIAL WORKERS, AND MARRIAGE AND FAMILY THERAPISTS Certified school social worker specialists; salary; cert leave................................. HB 1208 Disaster relief counselors assigned by American Red Cross; professional licensing exemption ...........................................................................SB 491 Evidence; medical bills pertaining to civil trial; identification.............................. HB 1238 Health care practitioners; credentialing data; centralized collection ....................... HB 356 Professional counselors, social workers, and marriage and family therapists; redefine; licensure .....................................................................SB 119
PROFESSIONS AND BUSINESSES Abandonment of dead bodies; crematory regulation; patient access to health care records.................................................................... HB 1481 Accountants, public; certification; registration; commission disclosure ............... HB 1215 Athletes, professional; regulation by Athletic and Entertainment Commission.... HB 1592 Athletic trainers; licensure and qualifications........................................................ HB 1083
Refer to numerical index for page numbers
INDEX
5039
Auctioneers, licensed; no additional license required............................................ HB 1664 Bondsmen and bail recovery agents; continuing education......................................SB 530 Chiropractors; define diagnosis; licensing requirements ....................................... HB 1199 Clinical Perfusionist Licensure Act; enact ................................................................. HB 69 Construction contractors; utility system; license requirements ............................. HB 1082 Contractors; road construction and repair of manhole rings,
covers, valve boxes; exemption..............................................................................SB 392 Cremation; authorization provisions; immunity .................................................... HB 1634 Dentistry, Georgia Board of; membership ............................................................. HB 1768 Dentistry; practicing without license; penalty........................................................ HB 1622 Dentists; mercury amalgam fillings; prohibitions.................................................. HB 1715 Disaster relief counselors assigned by American Red Cross;
professional licensing exemption ...........................................................................SB 491 Drivers' licenses; restoration; completion of certain courses or programs.............. HB 480 Driver training schools and instructors; regulate ................................................... HB 1298 Driving under the influence; drivers' licenses; chemical tests;
open containers in vehicles; fleeing from police....................................................SB 482 Funeral establishment or crematory; licensees; inspections .....................................SB 469 Guide Dogs for the Blind, State Board of; create .................................................... HB 979 Health care practitioners; credentialing data; centralized collection ....................... HB 356 Health Care Work Force Planning Act; enact......................................................... HB 652 Hotel-motel tax; failure to pay; criminal penalties ................................................ HB 1564 Hotels, motels, boarding houses, or inns; basic security features; requirement .... HB 1479 House Study Committee on Certified Professional Midwifery; create.................... HR 128 Income tax; high technology business investment; credit...................................... HB 1463 Income tax; qualified research expenses; unused credit ........................................ HB 1461 Managed health care plans; limitations on choice of providers;
disclosure to enrollees; signed affirmative consent................................................SB 378 Medical records of deceased and living persons; release
conditions; written authorization ...........................................................................SB 356 Nurses; Multistate Compact; enact .......................................................................... HB 968 Offense of abuse of a dead body prior to interment; felony penalty.........................SB 474 Optometrists; pharmaceutical agents; establish list ............................................... HB 1156 Optometrists; scope of practice .............................................................................. HB 1408 Orthotics and Prosthetics Practice Act; enact .......................................................... HB 828 Physician's assistants; supervision by physician; notification............................... HB 1352 Private security guards; arrest powers ......................................................................SB 168 Professional counselors, social workers, and marriage and
family therapists; redefine; licensure .....................................................................SB 119 Professional Engineers and Land Surveyors, State Board of
Registration; additional members...........................................................................SB 441 Professional engineers and land surveyors; substantial revision of provisions ..... HB 1742
Refer to numerical index for page numbers
5040
INDEX
Sales tax; dealers' estimated liability; increase threshold...................................... HB 1467 Structural pest control operators; examinations; qualifications;
insurance requirements........................................................................................ HB 1182 Uniform Athlete Agents Act; enact........................................................................ HB 1075 Used motor vehicle and parts dealers; redefine rebuilder...................................... HB 1029 Used motor vehicle dealers; redefine; exclude certain organizations.................... HB 1178 Utility contractors; license number on bid documents........................................... HB 1432 Veterinary medicine; substantial revision; State Board; provisions ....................... HB 719 Volunteers in health care specialties, dentistry, and medicine
health care; continuation of Acts......................................................................... HB 1344 Volunteers in health care specialties; physicians; retired physicians .................... HB 1595
PROPERTY Abandoned vehicles; towing and storage charges; lien foreclosure procedures; certain parking lots, prohibit towing................................SB 334 Ad valorem tax on tangible property; eliminate - CA............................................ HR 1137 Ad valorem tax; certain class; redevelopment of hazardous waste sites - CA ...... HR 1111 Ad valorem taxes; conservation use property covenants; renewal contracts without a lapse...........................................................................SB 452 Ad valorem; taxpayer claims for refunds; increase filing time period ....................SB 319 American Indian Concerns, Council on; membership; powers and duties ............ HB 1337 Certain real property; removal from industrial area; binding on successors - CA .................................................................................................. HR 27 Criminal procedure; graffiti; local government compensation programs.............. HB 1726 Criminal trespass; certain sexual offenders; school safety zones ............................ HB 407 Eminent domain or condemnation; public utilities or services; local government approval .................................................................................. HB 1273 Family owned farm entities; preferential assessment; certain property - CA.......... HR 140 Foreclosure; petition for writ of possession; filing affidavit.................................. HB 1774 Forfeited property; distribution; land bank authorities ............................................ HB 783 Forfeiture of property; controlled substances; disposition of proceeds ................. HB 1338 Georgia Clean Communities Act of 2002; enact ................................................... HB 1343 Georgia Fair Lending Act; enact............................................................................ HB 1361 Homestead exemption; certain residents; delete income qualification .................. HB 1304 Homestead exemption; full value of homestead; certain residents........................ HB 1007 Hospital liens; application to cause of action; provisions.........................................SB 451 Joint Study Committee on Jekyll Island; create..................................................... HR 1105 Joint Study Committee on Jekyll Island; create........................................................SR 826 Open records; emergency "911" calls; redact certain information .......................... HB 696 Private security guards; arrest powers.......................................................................SB 168 Property and trusts; rule against perpetuities; optional exceptions.......................... HB 663 Property insurance; consumer product repair cost; certain exception ................... HB 1324
Refer to numerical index for page numbers
INDEX
5041
Property owner's rights in eminent domain proceedings; just compensation; interference with property access.....................................................SB 49
Property tax exemption; private land dedicated for public road............................ HB 1603 State homestead exemptions; age questionnaire .................................................... HB 1431 Superior court clerks; recording liens, deeds, and other
documents; revise provisions .............................................................................. HB 1582 Tax sales; excess funds; payment............................................................................. HB 337 Tax sales; redemption of property; amounts payable ............................................ HB 1138 Tax sales; redemption of property; price to redeem............................................... HB 1401 Taxes and license fees; refunds by counties and municipalities;
time for filing claim............................................................................................. HB 1225 Taxes and license fees; refunds by counties and municipalities;
time for filing claim............................................................................................. HB 1227 Taxes and license fees; refunds by counties and municipalities;
time for filing claim............................................................................................. HB 1286 Transportable housing; certain foreclosure; liability to satisfy lien..........................SB 422 Traumatic burn care medical practice; cost of care; lien on
patient's cause of action ...................................................................................... HB 1040 Veterans cemeteries; operation by Department of Veterans Service........................SB 460 Waste management; brownfields agreements; contaminated property.................. HB 1423 Wills; renunciation of future interests; provisions ................................................... HB 646
PSYCHOLOGISTS Evidence; medical bills pertaining to civil trial; identification.............................. HB 1238 Health care practitioners; credentialing data; centralized collection ....................... HB 356 Medical patient records; privacy regulations; release and handling; subpoenas; liability..........................................................................SB 210
PUBLIC ADMINISTRATION, OFFENSES AGAINST Crimes; false reports; change criminal penalty...................................................... HB 1803 Escape; redefine; child support or alimony arrearage............................................ HB 1257 Power Alley Development Authority Act; enact ..................................................... HB 744
PUBLIC ASSISTANCE (See Social Services)
PUBLIC BUILDINGS J. T. "Sonny" King Memorial Regional Office of the Georgia Bureau of Investigation; designate ...................................................................... HR 1296 Wood, Honorable Joe T., Sr.; place portrait at Georgia War Veterans Home....... HR 1374
PUBLIC CONTRACTS Education; contracts and purchases; rules and regulations .................................... HB 1493
Refer to numerical index for page numbers
5042
INDEX
Fair Farming Act; enact.......................................................................................... HB 1498 Guaranteed Energy Cost Savings Act; enact ......................................................... HB 1659 Jurisdiction outside of state; option to accept or reject .......................................... HB 1657 Local governments; authority to contract with certain organizations.................... HB 1188 Local governments; contracts and bids; publish in Georgia
Procurement Registry.......................................................................................... HB 1218
PUBLIC HEALTH AND MORALS, OFFENSES AGAINST Aborted fetuses; unlawful disposal; additional penalties....................................... HB 1674 Bingo games; fee for conducting; participation in operations ............................... HB 1329 Computer pornography and child exploitation; increase penalties .......................... HB 852 Computer pornography; unlawful sexual offenses involving children; felony penalty..........................................................................................SB 432 Computers; Internet safety policy; schools and public libraries; conditional funding .................................................................................SB 387 County boards of family and children services; removal of members upon conviction of crime involving moral turpitude..............................SB 510 Cruelty to children; sexual abuse of a minor under age 16; criminal penalties ........SB 187 First trimester abortions; regulate certain facilities.................................................. HB 953 Obscene material; distribution; increase penalties................................................. HB 1366 Obscenity and Pornography Complaints Ombudsman; create .............................. HB 1365 Transportation Safety Act of 2002; enact; Transportation Passenger Safety Act ........................................................................................... HB 1060 Transportation Security Act of 2002; passenger safety; false alarms; terroristic threats ...............................................................................SB 330 Violent Video Game Protection Act; enact............................................................ HB 1378
PUBLIC OFFICERS AND EMPLOYEES American Indian Concerns, Council on; membership; powers and duties ............ HB 1337 Archives and History; change Department of to Division of; amend provisions................................................................................................... HB 487 Autopsy photos or post-mortem examination reports; when public disclosure not required ................................................................................SB 355 Blanket bonds; two or more political subdivisions; interlocal risk management agency ..................................................................................... HB 1514 Budget Act; amend provisions ............................................................................... HB 1560 Coroner in certain counties; provisions - CA........................................................... HR 987 Coroners; certain counties; additional compensation ............................................ HB 1490 Corrections Department and Pardons and Paroles Board; communication with elected officials ................................................................. HB 1330 Court reporters; insurance premiums; certain indemnity....................................... HB 1380
Refer to numerical index for page numbers
INDEX
5043
Education loan forgiveness programs; certain attorneys; Georgia Student Finance Authority........................................................................SB 465
Financial Disclosure Reform Act of 2002; enact......................................................SB 285 Flexible benefit plan; Federal-State Shipping Point
Inspection Service and Firefighters' Pension Fund employees .............................SB 408 Former state employees; return to service; restoration of forfeited sick leave ...... HB 1704 General Assembly; death of former member; survivors' health insurance ........... HB 1584 Georgia Public Service Employees' Occupational Safety
and Health Act; enact .......................................................................................... HB 1424 Georgia Sports Hall of Fame Authority; composition; administrative
functions; personnel; create Advisory Committee ................................................SB 478 Health insurance coverage; medically necessary off-label prescription drugs .........SB 458 Indemnification; certain survivors; lump sum payment
and insurance coverage ....................................................................................... HB 1486 Indemnification; certain survivors; payment and insurance provisions - CA........ HR 1150 Indemnification of certain public safety employees; law
enforcement officers; firefighters; change Code references ....................................SB 79 Indemnification of state highway employees; provisions;
certain public safety employees; firefighters ...........................................................SB 61 Industries for the Blind; purchase of products by state employees; exception...... HB 1354 Judicial Retirement; employee contribution rate; adjustment.................................. HB 552 Laws and provisions; classification by population; revise..................................... HB 1489 Local boards of education; health insurance; certain coverage ............................. HB 1121 Medical examiners; abolish certain offices; coroners; establish certain offices.... HB 1226 Medical examiners; authority to subpoena records; autopsy
photographs; exempt from public disclosure .........................................................SB 110 Merit system; exclude Department of Technical and Adult
Education employees........................................................................................... HB 1181 Merit system; redefine department and agency; exclude
authorities and public corporations ..................................................................... HB 1417 Notaries public; personal knowledge of person signing ........................................ HB 1571 Notaries public; personal knowledge of signer; prohibit certain fees.................... HB 1619 Notaries public; unauthorized practice of law; prohibitions .................................. HB 1256 Obscenity and Pornography Complaints Ombudsman; create .............................. HB 1365 Office of International Protocol and Citizenship Assistance; create ..................... HB 1032 Prosecuting Attorneys Council; ministerial functions; transfer
from Department of Administrative Services ........................................................SB 307 Public officers and employees absent on military duty; office
not vacated; agency meetings by telecommunications conference........................SB 449 Public officers and employees; business transactions with local governments ..... HB 1050 Public officers and employees; certain military duty; additional pay.................... HB 1236
Refer to numerical index for page numbers
5044
INDEX
Public officers and employees; executive branch; exception to certain prohibition........................................................................... HB 1306
Public officers and employees on military duty; salary and salary differential..... HB 1405 Public officials; indictment procedures; Corruption Prevention Act .......................SB 234 State agencies; rejected applications for law enforcement
positions; written notification.................................................................................. HB 72 State authorities and instrumentalities; unsafe working
conditions; Department of Labor investigate .........................................................SB 337 State deferred compensation programs; certain employees participate ................ HB 1077 State employees' health insurance; eligibility; former
military personnel who previously declined coverage...........................................SB 324 State employees' health insurance; include agricultural
commodity commission employees .................................................................... HB 1494 State employees' health insurance; include agricultural
commodity commission employees .......................................................................SB 519 State employees' health insurance; denied claims; reviews .................................. HB 1607 State employees; organ donors; paid leave of absence .......................................... HB 1049 State employees; unused sick leave; transfer to another employee ....................... HB 1496 State funds; prohibition; certain agencies and corporations .................................... HB 980 State officers and employees; annual leave; use for other office............................. HB 116 Truth in Spending Act; enact; annual estimate submitted to
General Assembly ............................................................................................... HB 1250
PUBLIC ORDER AND SAFETY, OFFENSES AGAINST Communications; terrorism; interception warrants................................................ HB 1130 Firearms; eliminate victim disarmament zones........................................................ HB 304 Firearms; license to carry; prohibition; certain conviction .................................... HB 1633 Homeland Defense Act; enact; domestic terrorism subject to RICO Act.................SB 320 Loaded firearms in private motor vehicles; authorize.............................................. HB 144 Probate court judges; change certain fees; clarify provisions................................ HB 1279 Transportation Safety Act of 2002; enact; Transportation Passenger Safety Act ........................................................................................... HB 1060 Transportation Security Act of 2002; passenger safety; false alarms; terroristic threats ...............................................................................SB 330 Wiretapping and surveillance; investigative warrants; access to stored wire and electronic communications.......................................................SB 459
PUBLIC PROPERTY Abandoned motor vehicles; removal and disposition ............................................ HB 1562 Baldwin, Banks, Bibb, Butts, Cobb, Coweta, Elbert, Glynn, Gwinnett, Hall, Haralson, McIntosh, Rabun, Richmond, Tattnall, Tift, and Upson counties; grant easement................................................SR 575
Refer to numerical index for page numbers
INDEX
5045
Bartow County; convey property ............................................................................. HR 949 Bibb, Cobb, Pickens, Spalding, and Wilkes counties and
Hamilton County, Tennessee; convey property .....................................................SR 574 Chatham and Effingham counties; grant easement; Chatham
County; convey property........................................................................................SR 854 Chatham County; convey property ........................................................................ HR 1287 Glynn County; convey property............................................................................. HR 1144 Glynn County; convey property................................................................................SR 852 Houston and Fulton counties; convey property ..................................................... HR 1075 Power Alley Development Authority Act; enact ..................................................... HB 744 State property; parks, buildings, highways, roads, bridges;
restrictions for naming or renaming for elected public official .............................SB 215
PUBLIC RECORDS Adoption; records access; certain birth certificates ............................................... HB 1127 Child abuse; access to records by child-caring and child-placing agencies .......... HB 1210 Child custody or protective services employees; disclosure of personal information ....................................................................................... HB 1160 Criminal history records; disclosure to consumer reporting agencies ................... HB 1786 Medical examiners; authority to subpoena records; autopsy photographs; exempt from public disclosure .........................................................SB 110 Medical records of deceased and living persons; release conditions; written authorization............................................................................SB 356 Medical records; privacy regulations; release and handling; subpoenas; liability.................................................................................................SB 210 Medical records; required retention; patient access; abandonment of dead bodies; crematory regulation .................................................................. HB 1481 Open records; emergency "911" calls; redact certain information .......................... HB 696 Open records exemption; certain information; local government employees ....... HB 1374 Open records; exempt name and identity of sexual assault victims ...................... HB 1427 Public water systems; public records; prohibit certain disclosure ......................... HB 1170 Retirement system records; certain exemption; pooling of funds provisions........ HB 1346 Superior courts; certain military records; exempt from public inspection............. HB 1203
PUBLIC SAFETY AND VETERANS HIGHWAY; designate ............................. HR 787
PUBLIC SAFETY, DEPARTMENT OF (Also, see Drivers' Licenses or Law Enforcement Officers and Agencies) Certain incentive pay; increase ................................................................................ HB 202 Driving under the influence; certain administrative proceedings; amend provisions ........................................................................... HB 1506 Employees' Retirement; full retirement benefit; certain reemployment ................. HB 931
Refer to numerical index for page numbers
5046
INDEX
Georgia Public Safety Training Center; security police; jurisdiction over property .......................................................................................SB 483
House State Law Enforcement Officers' Advocate Study Committee; create ...... HR 1492 Motor vehicle safety; forms; amend provisions..................................................... HB 1184
PUBLIC SCHOOL EMPLOYEES Education; certain manufacturer or vendor compensation; prohibit........................ HB 956 Income tax credit; certain persons; qualified education expenses ........................... HB 982 Income tax credit; certain teachers or paraprofessionals ....................................... HB 1052 Retirement; increase benefit..................................................................................... HB 203 Retirement; increase maximum benefit amount .......................................................SB 138
PUBLIC UTILITIES AND TRANSPORTATION Commission on Regional Transportation; create..................................................... HR 905 Electricity, natural gas, and telephone service rates; end authority of Public Service Commission to regulate............................................. HB 985 Eminent domain; electric transmission line; prohibit; exception........................... HB 1319 Eminent domain or condemnation; public utilities or services; local government approval ................................................................... HB 1273 Federal vehicle standards; truck equipment; commercial vehicle operators; carriers; chauffeur's permits .....................................................SB 488 Gas marketers and telemarketers; switching consumers' gas supplier .................... HB 957 Local sales taxes; limitation on levies; exclusions................................................. HB 1444 Natural gas; certain actions; urge Public Service Commission investigate and make recommendations.............................................................. HR 1458 Natural Gas Competition and Deregulation Act; repeal .......................................... HB 999 Natural gas competition and deregulation; amend provisions ............................... HB 1117 Natural gas; consumer failure to pay; prohibition.................................................... HB 987 Natural Gas Consumers' Relief Act; enact ............................................................ HB 1568 Natural Gas Consumers' Relief Act; enact ...............................................................SB 500 Natural gas; determination of consumer price; prohibition ..................................... HB 986 Natural gas; single regulated marketer; provisions................................................ HB 1063 Negligent drivers; improper use of mobile phones resulting in an accident; points assessment and fine .............................................................SB 167 Public records; protected information; government emergency security plans against terrorist or other attack........................................................SB 396 Public Service Commission; reapportion districts ................................................. HB 1074 Public utilities; requests for changes; time limits for orders.................................. HB 1140 Railroads, counties, municipalities; grade crossings; amend provisions ............... HB 1382 Sales tax; mobile telecommunications services; provisions .................................. HB 1399 Sales tax; mobile telecommunications services; provisions .................................. HB 1443
Refer to numerical index for page numbers
INDEX
5047
Southwest Georgia Railroad Excursion Authority; assign to Department of Natural Resources ....................................................................... HB 1538
Taxicabs; regulation by Department of Motor Vehicle Safety .............................. HB 1643 Telecommunications equipment distribution program; provisions ....................... HB 1003 Transportation funds; allocation; certain waivers .................................................. HB 1587 Transportation Safety Act of 2002; enact; Transportation
Passenger Safety Act ........................................................................................... HB 1060 Transportation Security Act of 2002; passenger safety; false
alarms; terroristic threats ........................................................................................SB 330
PUBLICATIONS Obscene material; distribution; increase penalties................................................. HB 1366 Obscenity and Pornography Complaints Ombudsman; create .............................. HB 1365
PULASKI COUNTY; education districts; reapportion........................................... HB 1119
PUTNAM COUNTY Commissioner districts; reapportion ...................................................................... HB 1241 Education districts; reapportion ............................................................................. HB 1234 Education districts; reapportion ............................................................................. HB 1534 Probate court judge; nonpartisan.............................................................................. HB 379 Sinclair Water Authority; governing board; meeting notices ................................ HB 1762
Q
QUAIL; pen raised; training pointing and retrieving dogs .................................... HB 1058
QUALITY BASIC EDUCATION (QBE) High school region athletic competition; travel distance..................................... HB 1123 Individuals with Disabilities Education Act; eligibility of home school children......................................................................................... HB 1590 Midterm adjustments; training and experience .................................................... HB 1197 Program weights; fund textbooks 100% ................................................................ HB 984 School councils; local boards of education; amend provisions ........................... HB 1196
QUITMAN COUNTY; education districts; reapportion....................................... HB 1013
Refer to numerical index for page numbers
5048
INDEX
R
RABUN COUNTY Form of government; advisory referendum ......................................................... HB 1429 Grant easement ........................................................................................................ SR 575
RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS Archives and History; change Department of to Division of; amend provisions................................................................................................. HB 487 Homeland Defense Act; enact; domestic terrorism subject to RICO Act............... SB 320 Identity fraud; define offense; victim assistance; proper business records disposal...................................................................................... SB 475
RADAR Permit for use; prohibitions.................................................................................. HB 1275 Uniform rules of the road; enforcement; traffic law compliance monitoring devices......................................................................... HB 1308 Uniform rules of the road; radar; certain residential area ...................................... HB 454
RADIO Communications; terrorism; interception warrants.............................................. HB 1130 Uniform rules of the road; mobile phones; prohibition; exception...................... HB 1589 Uniform rules of the road; use of radios and mobile phones; warnings .............. HB 1093
RAILROADS CSX Railroad; urge clean up action on properties and rights of way.................. HR 1080 Eminent domain or condemnation; public utilities or services; local government approval ................................................................. HB 1273 Employees' Retirement; membership; Georgia Rail Passenger Authority............ HB 785 Railroads, counties, municipalities; grade crossings; amend provisions ............. HB 1382 Southwest Georgia Railroad Excursion Authority; assign to Department of Natural Resources ................................................................. HB 1538
RANDOLPH COUNTY Commissioner districts; reapportion .................................................................... HB 1653 Education districts; reapportion ........................................................................... HB 1654
RAPE Criminal procedure; certain crimes against children; change age limit ................. SB 333 Criminal procedure; statute of limitations.............................................................. HB 653 Offense of rape; female under age 12 .................................................................. HB 1168
Refer to numerical index for page numbers
INDEX
5049
REAL ESTATE (Also, see Property) Georgia Fair Lending Act; enact.......................................................................... HB 1361 Real estate transfer tax; collection and distribution ............................................. HB 1834
REAPPORTIONMENT Congressional districts; composition provisions.................................................. HB 1526 House apportionment; single-member districts - CA........................................... HR 1383 House districts; composition provisions .............................................................. HB 1531 House districts; reapportion ................................................................................. HB 1728 Public Service Commission; reapportion districts ............................................... HB 1074 Reapportionment by independent, nonpartisan commission; provisions - CA...... HR 803 Senatorial districts; reapportion ........................................................................... HB 1667
RECKLESS CONDUCT; amend provisions........................................................ HB 1107
REDEVELOPMENT (See Buildings and Housing)
REESE, HONORABLE BOBBY; resignation..................................................... Page 140
REICHERT, HONORABLE ROBERT; committee assignment ........................... Page 6
RELIGION Education; curriculum; scientific theories ........................................................... HB 1563 Law enforcement officers; prohibit racial profiling............................................. HB 1190 Local boards of education and Christian Learning Center Boards; commend ...... HR 910 National motto; display in government buildings and public schools ................. HB 1617 National motto; urge support................................................................................ HR 1288 Prayer in school; proposed amendment to U.S. Constitution; express support ... HR 1414 Prayer in school; urge congressional delegation support amendment .................... SR 637 Prayer in school; urge Congress pass constitutional amendment allowing ......... HR 1142 Public money; use by religious organizations; certain social services - CA ......... HR 131 Public schools; display of historical documents; private funding........................ HB 1540 Schools; moment of quiet reflection; clarification............................................... HB 1171 State government; administer federal faith-based programs................................ HB 1407
RESACA, TOWN OF; amend Act incorporating................................................. HB 1828
RESTAURANTS Food service establishments; refusal to serve certain customers in smoking section............................................................................ HB 1533
Refer to numerical index for page numbers
5050
INDEX
RETIREMENT AND PENSIONS Class Nine Fire Department Pension; increase benefits ........................................ HB 252 Code corrections................................................................................................... HB 1101 Employees' Retirement; certain defined contribution membership; transfer ........ HB 970 Employees' Retirement; certain indigent defense employment; credit ................. HB 972 Employees' Retirement; certain prior legal service; credit.................................... HB 666 Employees' Retirement; certain prior service as governor or lieutenant governor; credit .............................................................................. HB 966 Employees' Retirement; creditable service application; disability application ... HB 1419 Employees' Retirement; creditable service; certain military service........................ SB 62 Employees' Retirement; DFACS; creditable service.............................................. HB 38 Employees' Retirement; disability benefits; earnings maximum .......................... HB 387 Employees' Retirement; full retirement benefit; certain reemployment ............... HB 931 Employees' Retirement; governor or lieutenant governor; 8 years' service ......... HB 937 Employees' Retirement; membership; Georgia Rail Passenger Authority............ HB 785 Firefighter's Pension Fund; increase benefit; certain members............................. HB 255 Flexible benefit plan; Federal-State Shipping Point Inspection Service and Firefighters' Pension Fund employees ........................... SB 408 Geo. L. Smith II World Congress Center; rename as Geo. L. Smith II American Heroes Center........................................................ HB 1047 Georgia Military Pension Fund; create .................................................................. HB 227 Income tax; retirement income exclusion; increase amount ................................ HB 1313 Income tax; retirement income; increase exclusion ............................................... HB 179 Joint Study Committee on Economic Development through the Investment of State Pension Funds into Private Equities; create ................ HR 1372 Judges of the Probate Courts Retirement; payments into fund; civil filings; application for license to carry pistol or revolver........................... HB 571 Judicial Retirement; certain military service; creditable service ........................... HB 963 Judicial Retirement; employee contribution rate; adjustment................................ HB 552 Judicial Retirement; state court judges and solicitors general; transfer funds from Employees' Retirement ....................................................... HB 254 Judicial Retirement; survivors' benefit fund; establish.......................................... HB 557 Judicial Retirement; 30 years' service ................................................................... HB 962 Legislative Retirement; election of coverage; change date.................................... HB 627 Local retirement systems; investment guidelines; minimum funding standards .............................................................................................. HB 1345 Peace Officers' Annuity and Benefit; certain retirees; return to service ................ SB 100 Prosecuting Attorneys Council; ministerial functions; transfer Department of Administrative Services.................................................. SB 307 Public retirement systems; member's application; statement of benefits ............ HB 1420 Public School Employees Retirement; increase benefit......................................... HB 203
Refer to numerical index for page numbers
INDEX
5051
Public School Employees Retirement; increase maximum benefit amount ........... SB 138 Retirement system records; certain exemption; pooling of funds provisions...... HB 1346 State deferred compensation programs; certain employees participate .............. HB 1077 Superior Court Clerks' Retirement; discretionary benefit increase ....................... HB 975 Superior Court Clerks' Retirement; state court clerks; membership ..................... HB 842 Taxable net income; 65 years or older; exclude certain income.......................... HB 1373 Teachers Retirement; board of trustees; actions to increase or
decrease contribution rate only during month of January ................................... SB 373 Teachers Retirement; certain Department of Labor service; credit ....................... HB 950 Teachers Retirement; creditable service; certain private schools .......................... HB 488 Teachers Retirement; creditable service; early childhood
development service ............................................................................................ HB 765 Teachers Retirement; creditable service; independent school system service........ SB 257 Teachers Retirement; employee's contribution; 4% minimum ............................. HB 995 Teachers Retirement; reemployment of certain retired teachers............................ HB 210 Teachers Retirement; 25 years' service; obtain 3 additional years........................ HB 955
REVENUE (See Taxation and Revenue)
REVENUE BONDS Blanket bonds; two or more political subdivisions; interlocal risk management agency ................................................................................... HB 1514 LaGrange, City of; City of LaGrange Natural Gas Authority ............................... SB 382 Power Alley Development Authority Act; enact ................................................... HB 744 Privatization of public rest stops; Cobb County; Gateway Regional Information Center, Inc......................................................................... SB 305 Revenue certificates; gas systems; remove referendum requirement ..................... SB 381 Supplemental appropriations; educational facilities; general obligation debt ..... HB 1000
RICHMOND COUNTY Augusta-Richmond County; amend Act consolidating........................................ HB 1334 Augusta-Richmond County; commission; amend provisions................................. SB 572 Augusta-Richmond County; commissioner districts; reapportion....................... HB 1689 Augusta-Richmond County; mayor and mayor pro tem; amend provisions ....... HB 1670 Augusta-Richmond County; mayor's authority; county administrator................ HB 1293 Certain counties; county treasurer emeritus; population classification ............... HB 1436 Education districts; reapportion ........................................................................... HB 1688 Grant easement ........................................................................................................ SR 575 Probate court judge; compensation ........................................................................ HB 837
RIDLEY COMMUNITY IN MURRAY COUNTY; designate ........................... HR 981
Refer to numerical index for page numbers
5052
INDEX
RIVERS AND LAKES Artifacts in certain riverbeds; not subject to certain laws .................................... HB 1642 Coastal waters; dredging; placement of beach-quality sand ................................ HB 1021 Oconee River Greenway Authority; create .......................................................... HB 1096
ROBBIE BISHOP MEMORIAL HIGHWAY Designate portion of Highway 61 .......................................................................... HR 838 Designate portion of Highway 61 ........................................................................ HR 1109
ROBERT HENRY JORDAN MEMORIAL HIGHWAY; designate .................. SR 777
ROME, CITY OF; homestead exemption............................................................. HB 1784
RONNIE GREEN PARKWAY Designate .............................................................................................................. HR 1070 Designate .............................................................................................................. HR 1319
S
SALES AND USE TAX Dealers' estimated liability; increase threshold ................................................... HB 1467 Dealers' returns; estimated tax liability ............................................................... HB 1375 Educational purposes; apply certain exemptions - CA ........................................ HR 1412 Education funding; impose 1% sales tax; repeal ad valorem tax - CA................ HR 1112 Education funding; repeal ad valorem tax; impose sales tax - CA ...................... HR 1079 Education funding; repeal ad valorem tax; impose 3% sales tax - CA................ HR 1139 Exemption; biotechnology research, development, or manufacturing ................ HB 1462 Exemption; certain clothing, wallets, and bags; limited time ................................ HB 439 Exemption; certain food and beverage sales; amend provisions ......................... HB 1744 Exemption; certain fuels for horticultural purposes............................................. HB 1515 Exemption; certain natural or artificial gas sales; amend .................................... HB 1447 Exemption; certain period in August ................................................................... HB 1151 Exemption; certain sales to volunteer fire departments ....................................... HB 1243 Exemption; certain school supplies, clothing, and computer items; limited time............................................................................................. HB 1312 Exemption; children's clothing; infant care items ............................................... HB 1528 Exemption; Georgia Society of the Daughters of the American Revolution....... HB 1465 Exemption; Georgia State Society of the Daughters of the American Revolution................................................................................... HB 1521 Exemption; local development authority projects for expansion of business...... HB 1558 Exemption; required textbooks; postsecondary schools ...................................... HB 1076
Refer to numerical index for page numbers
INDEX
5053
Exemption; sales by certain humane societies ....................................................... HB 501 Exemption; sales to agricultural commodities commissions ............................... HB 1180 Exemption; sales to certain local government authorities.................................... HB 1418 Exemption; sales to certain local government authorities or corporations .......... HB 1367 Exemption; urban transit systems ........................................................................ HB 1025 Exemption; vending machine sales of food and beverages ................................... HB 216 Exemption; wax or dies; military equipment ....................................................... HB 1024 Exemption; wax or dies; military equipment ....................................................... HB 1041 Homestead option sales tax; distribution of proceeds............................................ HB 553 Homestead option sales tax; distribution of proceeds.......................................... HB 1167 Local assistance road program expenses - CA..................................................... HR 1085 Local sales taxes; limitation on levies; exclusions............................................... HB 1444 MARTA; transit operating revenue; exclude sales taxes........................................ SB 447 MARTA; use of sales tax proceeds; subsidizing system operating costs ............... SB 446 Mobile telecommunications services; provisions ................................................ HB 1399 Mobile telecommunications services; provisions ................................................ HB 1443 Special county or joint municipal and county tax; amend ..................................... HB 376 Telephone services; redefine "gross sales" .......................................................... HB 1446 Special county 1 percent sales tax; nonprofit hospital facilities .......................... HB 1209 Special county 1 percent sales tax; proceeds; certain maintenance ..................... HB 1283 State Public Transportation Fund; sales tax on motor
fuels; amend provisions..................................................................................... HB 1523 Unidentifiable sales tax; distribution of proceeds.................................................. HB 555
SAPELO ISLAND HERITAGE AUTHORITY ACT Additional members; residents of Hog Hammock community............................... SB 391
SAVANNAH, CITY OF Chatham County and City of Savannah; homestead exemption; certain residents.............................................................................. HB 1731 Corporate limits; change and expand...................................................................... SB 448 Fall Line Freeway and Savannah River Parkway; support early completion .................................................................................................. HR 600 Historic Savannah Parkway; designate .................................................................. HR 795 Savannah-Chatham County; board of education; election districts ........................ SB 562 Savannah-Chatham County Charter and Unification Commission; create.......... HB 1843 Savannah-Chatham County Governmental Consolidation Study Committee; commend ............................................................................... HR 871 Savannah-Chatham County Governmental Consolidation Study Committee; commend ............................................................................. HR 1690 Savannah, City of and Chatham County; education districts; reapportion .......... HB 1301
Refer to numerical index for page numbers
5054
INDEX
SCHLEY COUNTY Board of education; compensation....................................................................... HB 1748 Commissioner districts; reapportion .................................................................... HB 1747 Education districts; reapportion ........................................................................... HB 1750
SCHOOL BUSES Arrests for motor vehicle violations; reports by school bus drivers or recorded visual evidence of infraction................................................. SB 296 Assault and battery against public transit and school bus operators; penalties ... HB 1299 Student codes of conduct; conduct on public school buses; acts of physical violence; penalties ...................................................................... SB 291
SCHOOLS (Also, see Education) After-school programs for certain students; state grants......................................... SB 384 Bacterial meningitis; Department of Human Resources provide information to schools.......................................................................... HB 1599 Charter schools; comprehensive revision of provisions....................................... HB 1200 Charter schools; funding provisions - CA.............................................................. HR 850 Children's Internet Protection Act; enact............................................................. HB 1364 Criminal trespass; certain sexual offenders; school safety zones .......................... HB 407 Driver training schools and instructors; regulate ................................................. HB 1298 Electronic communication devices; delete prohibition ........................................ HB 1044 Electronic communication devices; exception to prohibition................................. SB 336 Georgia Safe Schools Act; adopt; pest management programs ........................... HB 1242 Georgia's Pre-K Program; rename pre-kindergarten program................................. HB 97 HOPE scholarships; redefine "eligible high school" ............................................. HB 961 Minimum age for enrollment; delete exception ................................................... HB 1567 Moment of quiet reflection; clarification ............................................................. HB 1171 National motto; display in government buildings and public schools ................. HB 1617 National motto; urge support................................................................................ HR 1288 Prescribed courses; history of blacks and Hispanics in the United States ........... HB 1173 School prayer; proposed amendment to U.S. Constitution; express support....... HR 1414 School prayer; urge congressional delegation support amendment........................ SR 637 School prayer; urge Congress pass constitutional amendment allowing............. HR 1142 Sexual offender registration requirements; internet access; schools and day-care facilities........................................................................... HB 1054 Sexual offender registration requirements; internet access; schools and day-care facilities.............................................................................. SB 433 Students committing offense of bullying; discipline ............................................. HB 977 Student self-administration of asthma medication; Kellen Edwin Bolden Act ................................................................................................ SB 472
Refer to numerical index for page numbers
INDEX
5055
Torts; right of action; sexual harassment against student .................................... HB 1809 Visitors check in at designated location................................................................. HB 161
SCREVEN COUNTY Commissioner districts; reapportion .................................................................... HB 1527 Education districts; reapportion ........................................................................... HB 1566
SEAT BELTS Child safety restraints; applicable vehicles .......................................................... HB 1069 Child safety restraints; applicable vehicles .......................................................... HB 1091 Torts; child passenger safety technician; liability; immunity .............................. HB 1066
SECRETARY OF STATE American Indian Concerns, Council on; membership; powers and duties .......... HB 1337 Archives and History; change Department of to Division of; amend provisions ........................................................................................... HB 487 Communications............................................................................... Pages 1, 3, 642, 1170 Elections; qualifying period; federal declaration of emergency .......................... HB 1120 Elections; uniform system of direct recording electronic voting equipment; provisions ............................................................................... SB 414 Foreign corporations; certificates of authority; registered agents; copies of documents; fees ..................................................................... HB 1223 Office of International Protocol and Citizenship Assistance; create ................... HB 1032
SECURITIES; regulate viatical investments......................................................... HB 1220
SEMINOLE COUNTY Board of education; reapportion........................................................................... HB 1271 Commissioner districts; reapportion .................................................................... HB 1270 Magistrate court; law library fee .......................................................................... HB 1269
SENATE Joint session; Governor's message; invite justices and appellate judges............... HR 783 Joint session; Governor's message; invite justices and appellate judges............... HR 784 Joint session; Governor's message; invite justices and appellate judges............... HR 903 Joint session; message from Chief Justice of Supreme Court ............................... HR 785 Legislative and congressional reapportionment; requirements - CA..................... HR 837 Notify Senate; House convened ............................................................................. HR 782 Senatorial districts; reapportion ........................................................................... HB 1667
SENTENCING Appellate review; criminal cases; judgments, rulings, decisions, motions; summary judgments; jurisdiction ......................................... SB 393
Refer to numerical index for page numbers
5056
INDEX
Crimes; certain convictions; serve entire sentence - CA ....................................... HR 740 Death penalty cases; appeals; Attorney General notify victim's family.............. HB 1070 Georgia Racial Justice Act; enact; death sentence based on race; prohibit ......... HB 1211 House Study Committee on the Death Penalty; create ........................................ HR 1594 Penal institutions; split sentence probationers; supervision................................... HB 791 Prosecution; serious violent offenders; extend limitations; DNA evidence .......... HB 410
SEPTIC TANKS Certified installers and pumpers; bonds ............................................................... HB 1163 County boards of health; soil classifier; on-site sewage management systems... HB 1237
SEXUAL OFFENSES Change provisions relating to sexual assault ......................................................... HB 537 Computer pornography; unlawful sexual offenses involving children; felony penalty ....................................................................... SB 432 Crimes; offense of aggravated sexual assault; penalties ........................................ HB 634 Criminal procedure; certain crimes against children; change age limit.................. SB 333 Criminal procedure; rape; statute of limitations..................................................... HB 653 Offense of rape; female under age 12 .................................................................. HB 1168 Open records; exempt name and identity of sexual assault victims .................... HB 1427 Sexual offender registration requirements; internet access; schools and day-care facilities........................................................................... HB 1054 Sexual offender registration requirements; internet access; schools and day-care facilities.............................................................................. SB 433 Torts; right of action; sexual harassment against student .................................... HB 1809
SHELTON ISAIAH DELOACH MEMORIAL BRIDGE; designate ................ HR 790
SHERIFFS Notaries public; personal knowledge of signer; prohibit certain fees.................. HB 1619 Sheriffs; certain service in civil cases; increase fee ............................................... HB 829
SINKFIELD, HONORABLE GEORGANNA, communication ........................ Page 936
SMALL BUSINESS INVESTMENT CAPITAL STUDY COMMITTEE; create............................................................................. SR 668
SMYRNA, CITY OF Homestead exemption .......................................................................................... HB 1274 Homestead exemption .......................................................................................... HB 1300 Homestead exemption; base year assessed value.................................................... SB 363 Redevelopment powers; referendum.................................................................... HB 1758
Refer to numerical index for page numbers
INDEX
5057
SOCIAL CIRCLE, CITY OF; homestead exemption; certain residents............. HB 1755
SOCIAL SERVICES Bondsmen and personal care home employees; criminal records checks ........... HB 1413 Child abuse; access to records by child-caring and child-placing agencies ........ HB 1210 County boards of family and childrens services; removal of members upon conviction of crime involving moral turpitude............................ SB 510 Defense of Scouting Act; enact............................................................................... SB 191 Dental services for pregnant women; urge Medicaid coverage ........................... HR 1149 Education loan forgiveness programs; certain attorneys; Georgia Student Finance Authority...................................................................... SB 465 Employees' Retirement; certain indigent defense employment; credit ................. HB 972 Fines and forfeitures; surplus funds; indigent defense......................................... HB 1505 Hospitals; newborns; eligibility for medical assistance ......................................... HB 978 House Study Committee on the Georgia Social Security Supplement Program; create ............................................................................. HR 1148 Human Resources, Board of; composition.............................................................. SB 394 Joint Study Committee on Early Childhood Education; create ........................... HR 1105 Juvenile proceedings; efforts to preserve and reunite families; provisions ............ SB 428 Public money; use by religious organizations; certain social services - CA ......... HR 131 Special license plates; breast cancer programs for medically indigent................ HB 1402
SOIL County boards of health; soil classifier; on-site sewage management systems... HB 1237 Erosion and sedimentation; soil analysis; compost and mulch............................ HB 1652 Soil and Water Conservation Commission; compensation.................................. HB 1422
SOLAR ENERGY (See Energy)
SONNY DIXON Highway; designate portion of SR 307 ................................................................ HR 1081 Intersection; designate.......................................................................................... HR 1283
SOPERTON, CITY OF; council election districts; change description.................. SB 567
SOVEREIGN IMMUNITY; claims against the state; notice............................... HB 1090
SPALDING COUNTY Collaborative authority for families and children; include senior citizen issues; membership; annual report................................................. SB 496 Commissioner districts; reapportion .................................................................... HB 1193 Convey property...................................................................................................... SR 574
Refer to numerical index for page numbers
5058
INDEX
Griffin-Spalding County board of education; election districts.............................. SB 497 Griffin-Spalding County; commissioner districts; reapportion ........................... HB 1194 Griffin-Spalding County; education districts; reapportion .................................. HB 1535 State court; terms.................................................................................................. HB 1476
SPEAKER OF THE HOUSE Communications...................................................... Pages 6, 7,8, 9, 10, 84, 182, 259, 262 Murphy, Honorable Thomas B.; commend.......................................................... HR 1176
SPORTS High school region athletic competition; travel distance..................................... HB 1123 House Collegiate Athletic Association Disciplinary Study Committee; create.............................................................................................. HR 1328 House Tourism and Sports Marketing Study Committee; create ........................ HR 1308 Professional athletes; regulation by Athletic and Entertainment Commission ............................................................................... HB 1592 Specialized boating sport; training of athletes; permits ....................................... HB 1145 State Boxing Commission; urge not sanctioning Mike Tyson fight.................... HR 1135
STAFF SGT. AVELY W. RUNNELS MEMORIAL HIGHWAY; designate ........................................................................................ HR 1286
STALKING AND AGGRAVATED STALKING Aggravated stalking; violation of good behavior order ....................................... HB 1206 Stalking victim; notification; dispositive or sentencing hearing.......................... HB 1500
STANCIL, HONORABLE STEVE; resignation from House............................... Page 11
STARR, TERRELL; communication ................................................................... Page 260
STATE COURTS OF COUNTIES Civil actions in state courts; monetary limit; jury of 12 ...................................... HB 1575 County law libraries; additional libraries for certain court officers..................... HB 1332 County law libraries; use of funds for state court judges' library........................... SB 495 Courts; criminal case data; electronic transmission ............................................... HB 948 Judges; election and reelection; qualifications ....................................................... SB 220 Judicial Retirement; state court judges and solicitors general; transfer funds from Employees' Retirement ....................................................... HB 254 State Court Judges, Council of; officers and executive committee ..................... HB 1291 Superior Court Clerks' Retirement; state court clerks; membership ..................... HB 842
Refer to numerical index for page numbers
INDEX
5059
STATE EMPLOYEES Annual leave; use for other office.......................................................................... HB 116 Flexible benefit plan; Federal-State Shipping Point Inspection Service and Firefighters' Pension Fund employees ........................... SB 408 Former state employees; return to service; restoration of forfeited sick leave ............................................................................................ HB 1704 General Assembly; death of former member; survivors' health insurance ......... HB 1584 Georgia Public Service Employees' Occupational Safety and Health Act; enact ........................................................................................ HB 1424 Industries for the Blind; purchase of products by state employees; exception.... HB 1354 Judicial Retirement; employee contribution rate; adjustment................................ HB 552 Judicial Retirement; state court judges and solicitors general; transfer funds from Employees' Retirement ....................................................... HB 254 Judicial Retirement; survivors' benefit fund; establish.......................................... HB 557 Local boards of education; health insurance; certain coverage ........................... HB 1121 Organ donors; paid leave of absence.................................................................... HB 1049 Public officials and employees; business transactions with local governments ..................................................................................... HB 1050 Retirement; certain defined contribution membership; transfer ............................ HB 970 Retirement; certain indigent defense employment; credit ..................................... HB 972 Retirement; certain prior legal service; credit ........................................................ HB 666 Retirement; certain prior service as governor or lieutenant governor; credit ........ HB 966 Retirement; creditable service application; disability application ....................... HB 1419 Retirement; creditable service; certain military service............................................ SB 62 Retirement; DFACS; creditable service................................................................... HB 38 Retirement; disability benefits; earnings maximum .............................................. HB 387 Retirement; full retirement benefit; certain reemployment.................................... HB 931 Retirement; governor or lieutenant governor; 8 years' service.............................. HB 937 Retirement; membership; Georgia Rail Passenger Authority................................ HB 785 State authorities and instrumentalities; unsafe working conditions; Department of Labor investigate ....................................................... SB 337 State deferred compensation programs; certain employees participate ............... HB 1077 State employees' health insurance; agricultural commodity Commission employees..................................................................................... HB 1494 State employees' health insurance; agricultural commodity commission employees......................................................................................... SB 519 State employees' health insurance; denied claims; reviews ................................ HB 1607 State employees' health insurance; eligibility; former military personnel who previously declined coverage......................................... SB 324 Unused sick leave; transfer to another employee................................................. HB 1496
Refer to numerical index for page numbers
5060
INDEX
STATE GOVERNMENT Administer federal faith-based programs............................................................. HB 1407 Administrative Services, Department of; minority business; certification .......... HB 1162 Archives and History; change Department of to Division of; amend provisions ........................................................................................... HB 487 Autopsy photos or post-mortem examination reports; when public disclosure not required..................................................................... SB 355 Business and occupation taxes; excessive regulatory fees; remedies .................... HB 878 Child custody or protective services employees; disclosure of personal information ..................................................................................... HB 1160 Claims against state; notice; change provisions................................................... HB 1090 Contracts; jurisdiction outside of state; option to accept or reject ....................... HB 1657 Environmental Training and Education Authority; membership......................... HB 1377 Forest Heritage Trust Act; enact ............................................................................. SB 424 Geo. L. Smith II World Congress Center; rename as Geo. L. Smith II American Heroes Center........................................................ HB 1047 Georgia Aviation Hall of Fame; additional powers of board............................... HB 1289 Georgia Building Authority; operation of child care and child development centers .................................................................................... SB 409 Georgia Sports Hall of Fame Authority; composition; administrative functions; personnel; create Advisory Committee ....................... SB 478 Georgia Technology Authority Overview Committee; create ............................. HB 1445 Georgia Tort Claims Act; state liability; amend provisions .................................. HB 973 Grits; designate as official processed food............................................................. HB 993 Grits; designate as state official prepared food .................................................... HB 1297 Individual development accounts; comprehensive regulation ............................... HB 397 Joint Construction Codes Study Committee, Joint Study Committee on Jekyll Island, and Joint Study Committee on Early Childhood Education; create .............................................................. HR 1105 Joint Study Committee on Jekyll Island; create...................................................... SR 826 Juneteenth Celebration Day in Georgia; designate June 19................................. HB 1146 Juneteenth Celebration Day in Georgia; designate June 19................................. HB 1147 Juneteenth Celebration Day in Georgia; designate June 19................................... HR 906 License plates on government vehicles; change appearance ................................. HB 222 Merit system; redefine department and agency; exclude authorities and public corporations ................................................................... HB 1417 Minorities; include females in definition ............................................................. HB 1627 Minority business enterprise; participation report; Department of Administrative Services issue annually .................................... HB 1630 Minority business enterprise; redefine "minority"................................................. HB 738 National motto; display in government buildings and public schools ................. HB 1617 National motto; urge support................................................................................ HR 1288
Refer to numerical index for page numbers
INDEX
5061
OneGeorgia Authority; transfer to Department of Community Affairs .............. HB 1393 Open meetings; telecommunications conference; military duty............................ HB 981 Open records; emergency "911" calls; redact certain information ........................ HB 696 Open records exemption; certain information; local government employees ..... HB 1374 Open records exemption; name and identity of sexual assault victims ............... HB 1427 Public agencies; geographic information systems;
authorize state to sell information ........................................................................ SB 406 Public health emergencies and bioterrorism; reporting
requirements and response provisions.................................................................. SB 385 Public money; use by religious organizations; certain social services - CA ......... HR 131 Public officers and employees absent on military duty; office
not vacated; agency meetings by telecommunications conference...................... SB 449 Public records; protected information; government
emergency security plans against terrorist or other attack ................................... SB 396 Public water systems; public records; prohibit certain disclosure ....................... HB 1170 Regional economic assistance project; application criteria ................................. HB 1482 Revenue Department; collections; deposit within 45 days ..................................... SB 323 State agencies; rejected applications for law enforcement
positions; written notification................................................................................ HB 72 State auditor; special audits; authority and powers; confidentiality .................... HB 1285 State authorities and instrumentalities; unsafe working
conditions; Department of Labor investigate ....................................................... SB 337 State flag; change design - CA............................................................................... HR 976 State government buildings; GEMA emergency operations;
coordinated interagency safety plannning............................................................ SB 365 State property; parks, buildings, highways, roads, bridges;
restrictions for naming or renaming for elected public official ........................... SB 215 Toll revenues; urge using only for original projects ............................................ HR 1539 Turfgrass sod; urge use by state for certain groundcover ...................................... HR 567 Volunteers in health care specialties, dentistry, and
medicine health care; continuation of Acts ....................................................... HB 1344
STATE PATROL (See Law Enforcement Officers and Agencies or Public Safety, Department of)
STATE PROPERTY (See Public Property)
STATE SYMBOLS Grits; designate as official processed food............................................................. HB 993 Grits; designate as state official prepared food .................................................... HB 1297 National motto; display in government buildings and public schools ................. HB 1617
Refer to numerical index for page numbers
5062
INDEX
National motto; urge support................................................................................ HR 1288 State flag; change design - CA............................................................................... HR 976
STEWART COUNTY Commissioner districts: reapportion .................................................................... HB 1018 Education districts; reapportion ........................................................................... HB 1016
STRUCTURAL PEST CONTROL OPERATORS Examinations; qualifications; insurance requirements......................................... HB 1182
SUMTER COUNTY; education districts; reapportion ......................................... HB 1309
SUNSET LAW Volunteers in health care specialties, dentistry, and medicine health care; continuation of Acts ....................................................... HB 1344
SUPERIOR COURTS Certain counties; superior court clerk; repeal Act providing additional compensation ................................................................... HB 1421 Certain military records; exempt from public inspection .................................... HB 1203 Courts; criminal case data; electronic transmission ............................................... HB 948 Employees' Retirement; certain prior legal service; credit.................................... HB 666 Family violence; repeat offenders; setting of bail..................................................... SB 36 Habeas corpus; persons under sentence; filing petitions; statute of limitations; interstate transfer of prisoners ........................................... SB 206 Medical examiners; authority to subpoena records; autopsy photographs; exempt from public disclosure ....................................................... SB 110 Superior court clerks; additional compensation; Atlantic Judicial Circuit and Tifton Judicial Circuit; change terms;.................................. SB 534 Superior court clerks; fees; repeal certain sunset provisions ............................... HB 1104 Superior court clerks; recording liens, deeds, and other documents; revise provisions ............................................................................ HB 1582 Superior Court Clerks' Retirement; discretionary benefit increase ....................... HB 975 Superior Court Clerks' Retirement; state court clerks; membership ..................... HB 842
SUPREME COURT Appellate review; criminal cases; judgments, rulings, decisions, motions; summary judgments; jurisdiction ........................................ SB 393 Joint session; Governor's message; invite justices and appellate judges............... HR 783 Joint session; Governor's message; invite justices and appellate judges............... HR 784 Joint session; Governor's message; invite justices and appellate judges............... HR 903
Refer to numerical index for page numbers
INDEX
5063
Joint session; message from Chief Justice of Supreme Court ............................... HR 785 Jurisdiction to answer questions of law from any state
appellate or federal court...................................................................................... SR 600
T
TALBOT COUNTY; board of commissioners; vacancies ....................................HB 1626
TALLAPOOSA JUDICIAL CIRCUIT; amend provisions ...................................HB 990
TALMADGE PLAZA; designate ............................................................................HR 838
TATTNALL COUNTY Board of commissioners; expense supplements....................................................HB 1134 Board of elections and registration........................................................................HB 1392 Commissioner districts; reapportion .....................................................................HB 1302 Education districts; reapportion ............................................................................HB 1356 Grant easement ........................................................................................................ SR 575
TAXATION AND REVENUE Ad valorem tax; agricultural or conservation use covenants; homeowner tax relief grants.............................................................HB 1321 Ad valorem taxes; conservation use property covenants; renewal contracts without a lapse......................................................................... SB 452 Ad valorem tax exemption; certain commercial dockside facilities .....................HB 1288 Ad valorem tax exemption; certain commercial fishing vessels...........................HB 1287 Ad valorem tax exemption; certain commercial fishing vessels...........................HB 1391 Ad valorem tax exemption; certain historic property; medical museum ..............HB 1244 Ad valorem tax exemption; change income limitation; include disabled.............HB 1282 Ad valorem tax exemption; motor vehicles; Medal of Honor recipients..............HB 1204 Ad valorem tax exemptions; certain counties; population classification..............HB 1106 Ad valorem tax exemption; surviving spouses of certain military personnel.......HB 1217 Ad valorem tax; heavy-duty equipment motor vehicles; amend provisions...........HB 974 Ad valorem tax on tangible property; eliminate - CA...........................................HR 1137 Ad valorem tax payments; certain counties; population classification................... SB 405 Ad valorem tax; separate class; certain dockside facilities - CA............................HR 364 Ad valorem tax; separate class; certain low-income projects - CA ......................HR 1073 Ad valorem tax; taxpayer claims for refunds; increase filing time period.............. SB 319 Ad valorem tax; time for making returns in certain counties; change population brackets ................................................................................HB 1449 Boards of tax assessors; removal of member; provisions .....................................HB 1278
Refer to numerical index for page numbers
5064
INDEX
Business and occupation taxes; excessive regulatory fees; remedies .....................HB 878 Cancer research; contributions; urge promotion of income tax checkoff.............HR 1143 Education funding; impose 1% sales tax; repeal ad valorem tax - CA.................HR 1112 Education funding; repeal ad valorem tax; impose 3% sales tax - CA.................HR 1139 Education funding; repeal ad valorem tax; impose sales tax - CA .......................HR 1079 Forfeited property; distribution; land bank authorities ...........................................HB 783 Gateway Regional Information Center, Inc. Act;
privatization of public rest stops; Cobb County................................................... SB 305 Geo. L. Smith II World Congress Center; rename as
Geo. L. Smith II American Heroes Center.........................................................HB 1047 Homestead exemption; certain counties; time for making application.................HB 1559 Homestead exemption; certain residents; delete income qualification .................HB 1304 Homestead exemption; full value of homestead; certain residents.......................HB 1007 Homestead exemption; married person not living with spouse ..............................HB 331 Homestead option sales tax; distribution of proceeds.............................................HB 553 Homestead option sales tax; distribution of proceeds...........................................HB 1167 Hotel-motel tax; failure to pay; criminal penalties ...............................................HB 1564 Hotel-motel tax; levy provisions; occupation taxes; excessive regulatory fees....HB 1519 House Study Committee on Fair Vehicle Taxation; create...................................HR 1382 Income tax; adjust tables for inflation from 1971.....................................................HB 19 Income tax and Higher Education Savings Plan; amend provisions ....................HB 1328 Income tax and Higher Education Savings Plan; amend provisions ....................HB 1434 Income tax; change computation tables ....................................................................HB 22 Income tax credit; certain persons; qualified education expenses ..........................HB 982 Income tax credit; certain teachers or paraprofessionals ......................................HB 1052 Income tax credit; electric vehicle charger ...........................................................HB 1164 Income tax credit; high technology business investment......................................HB 1463 Income tax credit; qualified child care expenses ..................................................HB 1251 Income tax credit; qualified reforestation expenses..............................................HB 1028 Income tax credit; rural physician and rural hospital; redefine ............................HB 1258 Income tax credit; rural physician and rural hospital; redefine ............................HB 1565 Income tax credits; historic structures; insurance premium
tax credits; certified capital companies; sales tax exemption; certain computer equipment ...............................................................................HB 1441 Income tax credits; low and zero emission vehicles; amend ................................HB 1260 Income tax credits; zero emission motor vehicles; qualifications .......................... SB 380 Income tax credit; technology upgrade expenditures............................................HB 1464 Income tax exemption; certain educators; low-performing schools .....................HB 1311 Income tax exemption; certain military income....................................................HB 1202 Income tax exemption; certain military personnel................................................HB 1035 Income tax exemption; certain military service ......................................................HB 238 Income tax exemption; certain national guard or reserve member .......................HB 1137
Refer to numerical index for page numbers
INDEX
5065
Income tax exemption; military income ...............................................................HB 1006 Income tax exemption; public safety income........................................................HB 1144 Income tax exemption; teacher's income..............................................................HB 1153 Income tax; individual's estimated returns; increase threshold ............................HB 1466 Income tax; personal exemptions; increase...........................................................HB 1143 Income tax; qualified research expenses; unused credit .......................................HB 1461 Income tax; reduce rates; certain taxpayers ............................................................HB 958 Income tax; retirement income; increase exclusion ................................................HB 179 Income tax; retirement income; increase exclusion ..............................................HB 1313 Individual development accounts; comprehensive regulation ................................HB 397 Intangible recording tax; commissions; certain counties ........................................ SB 354 Insurance premium tax credits; certified capital companies; provisions ..............HB 1440 Laws and provisions; classification by population; revise....................................HB 1489 License plates and fees; redesignate certain provisions in Title 48 to Title 40 ......HB 250 Local sales taxes; limitation on levies; exclusions................................................HB 1444 Low-speed vehicles; operation on public streets; income tax
credits; low-emission vehicles............................................................................HB 1439 Minorities; include females in definition ..............................................................HB 1627 Mobile home decal; failure to display; prosecution................................................HB 134 Motor vehicles; registration and taxation; amend provisions ...............................HB 1740 Property; nuisance abatement liens; tax liens and sales;
judicial foreclosures; titles; interested parties; procedures .................................. SB 462 Property tax exemption; private land dedicated for public road...........................HB 1603 Public Revenue Code; conform to federal law .....................................................HB 1026 Real estate transfer tax; collection and distribution ..............................................HB 1834 Revenue certificates; gas systems; remove referendum requirement .................... SB 381 Revenue Department; collections; deposit within 45 days ..................................... SB 323 Sales tax; dealers' estimated liability; increase threshold.....................................HB 1467 Sales tax; dealers' returns; estimated tax liability.................................................HB 1375 Sales tax exemption; biotechnology research, development,
or manufacturing ................................................................................................HB 1462 Sales tax exemption; certain clothing, wallets, and bags; limited time ..................HB 439 Sales tax exemption; certain food and beverage sales; amend provisions............HB 1744 Sales tax exemption; certain fuels for horticultural purposes ...............................HB 1515 Sales tax exemption; certain natural or artificial gas sales; amend.......................HB 1447 Sales tax exemption; certain period in August......................................................HB 1151 Sales tax exemption; certain sales to volunteer fire departments .........................HB 1243 Sales tax exemption; certain school supplies, clothing, and
computer items; limited time..............................................................................HB 1312 Sales tax exemption; children's clothing; infant care items..................................HB 1528 Sales tax exemption; food and beverage sales in vending machines ......................HB 216
Refer to numerical index for page numbers
5066
INDEX
Sales tax exemption; Georgia Society of the Daughters of the American Revolution....................................................................................HB 1465
Sales tax exemption; Georgia State Society of the Daughters of the American Revolution ...............................................................................HB 1521
Sales tax exemption; liquid petroleum gas; horticultural purposes ......................HB 1034 Sales tax exemption; local development authority projects
for expansion of business ...................................................................................HB 1558 Sales tax exemption; required textbooks; postsecondary schools ........................HB 1076 Sales tax exemption; sales by certain humane societies .........................................HB 501 Sales tax exemption; sales to agricultural commodities commissions .................HB 1180 Sales tax exemption; sales to agricultural commodities commissions ................... SB 519 Sales tax exemption; sales to certain local government authorities......................HB 1418 Sales tax exemption; sales to certain local government
authorities or corporations..................................................................................HB 1367 Sales tax exemption; urban transit systems...........................................................HB 1025 Sales tax exemption; wax or dies; military equipment .........................................HB 1024 Sales tax exemption; wax or dies; military equipment .........................................HB 1041 Sales tax for educational purposes; apply certain exemptions - CA.....................HR 1412 Sales tax; local assistance road program expenses - CA.......................................HR 1085 Sales tax; mobile telecommunications services; provisions .................................HB 1399 Sales tax; mobile telecommunications services; provisions .................................HB 1443 Sales tax; special county or joint municipal and county tax; amend ......................HB 376 Sales tax; telephone services; redefine "gross sales"............................................HB 1446 Special county 1 percent sales tax; nonprofit hospital facilities ...........................HB 1209 Special county 1 percent sales tax; proceeds; certain maintenance ......................HB 1283 State homestead exemptions; age questionnaire ...................................................HB 1431 State Public Transportation Fund; sales tax on motor fuels; amend provisions ...HB 1523 Taxable net income; certain residents; exclude long-term care insurance............HB 1322 Taxable net income; exclude capital gains............................................................HB 1262 Taxable net income; 65 years or older; exclude certain income...........................HB 1373 Taxation; certain refunds or past due taxes; interest rate......................................HB 1221 Taxation; illegal or erroneous collection; interest on refunds...............................HB 1081 Tax commissioners and employees; certain counties; mandatory training.............HB 142 Tax defaulter; ineligible to hold public office - CA................................................HR 126 Taxes and license fees; refunds by counties and municipalities;
time for filing claim............................................................................................HB 1225 Taxes and license fees; refunds by counties and municipalities;
time for filing claim............................................................................................HB 1227 Taxes and license fees; refunds by counties and municipalities;
time for filing claim............................................................................................HB 1286
Refer to numerical index for page numbers
INDEX
5067
Tax relief proposed by President Bush; urge congressional delegation support ................................................................................................HR 412
Tax sales; excess funds; payment............................................................................HB 337 Tax sales; redemption of property; amounts payable ...........................................HB 1138 Tax sales; redemption of property; price to redeem..............................................HB 1401 Tax stamps on cigarettes; additional requirements ...............................................HB 1606 Tax stamps on cigarettes; additional requirements ...............................................HB 1621 Unidentifiable sales tax; distribution of proceeds...................................................HB 555 Unpaid property taxes; waiver of interest ...............................................................HB 547
TAXICABS; regulation by Department of Motor Vehicle Safety..........................HB 1643
TEACHERS (Also, see Education) Education accountability; certain actions by local boards; enhanced annual report.........................................................................................HB 473 Education; contracts with principals; date for tendering.......................................HB 1230 Education; mentoring program for certain teachers..............................................HB 1588 Education Resources Act for Improving Georgia's Lowperforming Schools; enact.................................................................................... SB 329 House Paraprofessionals Study Committee; create...............................................HR 1413 House Study Committee on Exempting Educators from the State Income Tax; create ......................................................................................HR 456 Income tax credit; certain persons; qualified education expenses ..........................HB 982 Income tax credit; certain teachers or paraprofessionals ......................................HB 1052 Income tax exemption; certain educators; low-performing schools .....................HB 1311 Income tax exemption; teacher's income..............................................................HB 1153 Nationally certified teachers' effect on student performance; annual assessment report ...................................................................................... SB 481 Paraprofessionals; degree requirements; urge board of regents adopt certain policy..................................................................................HR 789 Public officers and employees; executive branch; exception to certain prohibition ..........................................................................................HB 1306 Quality basic education; midterm adjustments; training and experience .............HB 1197 Retirement; board of trustees; actions to increase or decrease contribution rate only during month of January ................................... SB 373 Retirement; certain Department of Labor service; credit........................................HB 950 Retirement; creditable service; certain private schools...........................................HB 488 Retirement; creditable service; early childhood development service .............................................................................................HB 765 Retirement; creditable service; independent school system service ...................... SB 257 Retirement; employee's contribution; 4% minimum ..............................................HB 995
Refer to numerical index for page numbers
5068
INDEX
Retirement; reemployment of certain retired teachers ............................................HB 210 Retirement; 25 years' service; obtain 3 additional years ........................................HB 955 School counselors with national certification; increase state salary....................... SB 226 Student codes of conduct; conduct on public school buses;
acts of physical violence; penalties ...................................................................... SB 291 Teachers and other personnel; certain forfeited leave; restoration .......................HB 1280 Teachers; certain salary increase; delete 3-year requirement ...............................HB 1073 Teachers; national board certification; 10% increase in state salary annually ....... SB 368 Teachers; national certification program; amend..................................................HB 1477
TECHNOLOGY CORRIDOR; designate portion of SR 10/US 78 .....................HR 1327
TELEPHONE AND TELEGRAPH SERVICE BellSouth call centers in Georgia; urge reconsider relocating..............................HR 1145 Communications; terrorism; interception warrants...............................................HB 1130 Eminent domain or condemnation; public utilities or services; local government approval ..................................................................HB 1273 Insurance; retail vendors of communications equipment; limited license............HB 1369 Public officers and employees absent on military duty; office not vacated; agency meetings by telecommunications conference...................... SB 449 Rates; end authority of Public Service Commission to regulate.............................HB 985 Sales tax; mobile telecommunications services; provisions .................................HB 1399 Sales tax; mobile telecommunications services; provisions .................................HB 1443 Sales tax; telephone services; redefine "gross sales"............................................HB 1446 Telecommunications equipment distribution program; provisions ......................HB 1003 Uniform rules of the road; mobile phones; prohibition; exception.......................HB 1589 Uniform rules of the road; use of radios and mobile phones; warnings ...............HB 1093
TELFAIR COUNTY; education districts; reapportion..........................................HB 1821
TERRELL COUNTY; commissioner districts; reapportion .................................HB 1618
TERRORISM Communications; interception warrants ...............................................................HB 1130 Homeland Defense Act; enact; domestic terrorism subject to RICO Act............... SB 320 Public health emergencies; reporting requirements and response provisions......... SB 385 Public records; protected information; government emergency security plans against terrorist or other attack ................................... SB 396 Terrorism; protection of citizens and resources; relative to..................................HR 1695 Transportation Safety Act of 2002; enact; Transportation Passenger Safety Act ..........................................................................................HB 1060
Refer to numerical index for page numbers
INDEX
5069
Transportation Security Act of 2002; passenger safety; false alarms; terroristic threats ...................................................................................... SB 330
Wiretapping and surveillance; investigative warrants; access to stored wire and electronic communications..................................................... SB 459
THEFT Criminal procedure; certain crimes against children; change age limit ................. SB 333 Theft by deception; certain victims; information about offender .........................HB 1079
THELMA "T-LADY" ROSS BRIDGE; designate ................................................ SR 786
THOMAS COUNTY Commissioner districts; reapportion .....................................................................HB 1246 Education districts; reapportion ............................................................................HB 1189 Joint Recreation Authority of Brooks, Colquitt, Grady, Mitchell and Thomas Counties; create................................................................. SB 563
THOMSON, CITY OF; council districts; reapportion ..........................................HB 1714
TIFT COUNTY Commend ................................................................................................................HR 966 Commissioner districts; reapportion .....................................................................HB 1697 Education districts; reapportion ............................................................................HB 1765 Grant easement ........................................................................................................ SR 575
TIFTON, CITY OF; commend ................................................................................HR 966
TIFTON JUDICIAL CIRCUIT Change terms of court ...........................................................................................HB 1604 Change terms of court ............................................................................................. SB 534
TOBACCO AND TOBACCO RELATED PRODUCTS Food service establishments; refusal to serve certain customers in smoking section.............................................................................HB 1533 Tax stamps on cigarettes; additional requirements ...............................................HB 1606 Tax stamps on cigarettes; additional requirements ...............................................HB 1621
TOOMBS COUNTY; board of education; election districts ................................... SB 537
TOOMSBORO, CITY OF Wilkinson County Water and Sewer Authority; name change .............................HB 1473
Refer to numerical index for page numbers
5070
INDEX
TORTS Certain medical training programs; immunity ........................................................HB 954 Child passenger safety technician; liability; immunity.........................................HB 1066 Georgia Tort Claims Act; state liability; amend provisions ...................................HB 973 Right of action; sexual harassment against student...............................................HB 1809
TOURISTS House Tourism and Sports Marketing Study Committee; create .........................HR 1308 House Tourism Study Committee; create ...............................................................HR 849
TOWNS COUNTY; form of government; advisory referendum...........................HB 1430
TRADE (See Commerce and Trade)
TRAFFIC OFFENSES (See Motor Vehicles and Traffic)
TRANSPORTATION, DEPARTMENT OF (Also, see Highways, Bridges, and Ferries) Bicycle lanes throughout the state; urge Department of Transportation create....HR 1116 Developmental highway system; change corridor descriptions............................HB 1122 Developmental highway system; change description of road corridors ...............HB 1214 Developmental highway system; change description of road corridors ...............HB 1284 Developmental highway system; remove road corridor .......................................HB 1372 Developmental highway system; replace road corridor........................................HB 1717 License plates and fees; redesignate certain provisions in Title 48 to Title 40 ......HB 250 Local governments; forestry resources, streets, and roads; powers ......................HB 1154 Outdoor advertising; multiple message signs .......................................................... SB 59 Outdoor advertising; nudity or sexual conduct; prohibit ......................................HB 1576 Railroads, counties, municipalities; grade crossings; amend provisions ..............HB 1382 Signs along public roads; change penalty provisions .............................................HB 964 State Board; call for election of member from Ninth Congressional District ....... Page 12 State Board; call for election of member from Third Congressional District........ Page 11 State Board; election; Honorable Sam M. Wellborn; Third Congressional District ....................................................................................... Page 258 State Board; election; Honorable William G. Hasty, Sr.; Ninth Congressional District ....................................................................................... Page 261 State Public Transportation Fund; sales tax on motor fuels; amend provisions ...HB 1523 State Road and Tollway Authority; electronic toll collection; transfer identification devices ..........................................................HB 1212 Toll revenues; urge using only for original projects .............................................HR 1539 Transportation funds; allocation; certain waivers .................................................HB 1587
Refer to numerical index for page numbers
INDEX
5071
Transportation Safety Act of 2002; enact; Transportation Passenger Safety Act ..........................................................................................HB 1060
Transportation Security Act of 2002; passenger safety; false alarms; terroristic threats ............................................................................. SB 330
Vehicles and loads; excess weight and dimensions; permits................................HB 1572 Vehicles and loads; exemption of certain equipment; change provision..............HB 1033 Vehicles and loads; unginned cotton; securing loads .............................................HB 960 Vehicles subject to weighing, measuring, inspecting; refusal to stop ..................HB 1110 Weights of vehicles and loads; exemption for ready-mixed concrete ................... SB 386
TREUTLEN COUNTY Board of commissioners; reconstitute election districts; vacancies........................ SB 544 Board of education; election districts and terms of office ...................................... SB 543
TRIALS Determination of paternity; motion to set aside; genetic testing ............................HB 369 Grounds for continuance; General Assembly members and staff during legislative sessions..........................................................................HB 1320
TROUP COUNTY Board of commissioners; reconstitute ..................................................................... SB 455 Chief magistrate; nonpartisan nomination, election................................................ SB 456 Education districts; reapportion ............................................................................HB 1067
TRUSTS (Also, see Wills, Trusts, and Administration of Estates) Brain and Spinal Injury Trust Fund Commission; Membership; disbursement of funds .................................................................... SB 364 Cancer Care Trust Fund; authorize creation - CA ..................................................HR 904 Cancer Care Trust Fund; create.............................................................................HB 1139 Certain fiduciary functions; delegation .................................................................HB 1135 Greenspace Trust Fund; allocation of certain funds ............................................... SB 438 Nonpublic postsecondary educational institutions; amend provisions; Tuition Guaranty Trust Fund............................................................. SB 425 Property and trusts; rule against perpetuities; optional exceptions.........................HB 663 Redefine "foreign corporation".............................................................................HB 1176 Special license plates; breast cancer programs for medically indigent.................HB 1402 Subsequent Injury Trust Fund; reimbursements; dissolution ...............................HB 1580 Trustees who are beneficiaries; restrictions on power ............................................ SB 517 Veterans' Nursing Home Care Trust Fund; create; special license plates - CA .....HR 646 Wills; probate codes; amend provisions .................................................................HB 639
Refer to numerical index for page numbers
5072
INDEX
TURNER COUNTY Commissioner districts; reapportion .....................................................................HB 1817 Education districts; reapportion ............................................................................HB 1818 Probate court judge; salary....................................................................................HB 1819 State court; create ..................................................................................................HB 1816
TWIGGS COUNTY Board of elections and registration; create............................................................HB 1390 Commissioner districts; reapportion .....................................................................HB 1384 Education districts; reapportion ............................................................................HB 1385 Homestead exemption; certain residents...............................................................HB 1383 Probate court judge; salary....................................................................................HB 1516
TYBEE ISLAND, CITY OF Homestead exemption; certain residents...............................................................HB 1497 Tybee Island Beach Task Force; commend ..........................................................HR 1665
U
UNEMPLPOYMENT COMPENSATION (See Employment or Labor and Industrial Relations)
UNIFORM COMMERCIAL CODE Letters of credit; secured transactions.................................................................. HB 1253
UNIFORM RULES OF THE ROAD Arrests for motor vehicle violations; reports by school bus drivers or other recorded visual evidence ...................................................... SB 296 Disabled persons; parking; identification of enforcement personnel................... HB 1113 Driving under the influence; drivers' licenses; chemical tests; open containers in vehicles; fleeing from police.................................................. SB 482 Enforcement; traffic law compliance monitoring devices ................................... HB 1308 Funeral processions; redefine term; participating vehicle ...................................... SB 279 Georgia Clean Communities Act of 2002; enact ................................................. HB 1343 Low-speed vehicles; operation on public streets; income tax credits .................. HB 1389 Low-speed vehicles; operation on public streets; income tax credits; low-emission vehicles........................................................................... HB 1439 Minors; person in loco parentis; revise laws........................................................ HB 1323 Mobile phones; prohibition; exception ................................................................ HB 1589 Motor vehicle insurance; proof of coverage; state database .................................. HB 994 Motor vehicle liability; local governments; waiver of immunity ........................ HB 1128
Refer to numerical index for page numbers
INDEX
5073
Motor vehicle registration; suspension, cancellation, revocation; amend provisions; proof of insurance ............................................................... HB 1314
Motor vehicles; certain vehicles; lane restrictions ............................................... HB 1111 Motor vehicles; charging stations for electric vehicles; designate ...................... HB 1165 Motor vehicles; electric personal assistive mobility devices; regulate ................... SB 397 Motor vehicles; maximum speed limits; certain vehicles ...................................... HB 959 Negligent drivers; improper use of mobile phones resulting
in an accident; points assessment and fine .......................................................... SB 167 No-passing zones; certain exception; HOV lanes................................................ HB 1448 Off-road vehicles; operation on unpaved highways; provisions.......................... HB 1613 Radar; certain residential area ................................................................................ HB 454 Radios and mobile phones; drivers' duty............................................................. HB 1353 Traffic-control signal monitoring devices; recorded images; enforcement ............ SB 348 Use of radios and mobile phones; warnings ........................................................ HB 1093 Vehicles and loads; unginned cotton; securing loads ............................................ HB 960
UNIVERSITY SYSTEM OF GEORGIA (See Board of Regents, University System of Georgia)
UPSON COUNTY Commissioner districts; reapportion .................................................................... HB 1767 Grant easement ........................................................................................................ SR 575
USED MOTOR VEHICLES Dealers and parts dealers; redefine rebuilder ....................................................... HB 1029 Dealers; redefine; exclude certain organizations ................................................. HB 1178
V
VARNELL, CITY OF; corporate limits ............................................................... HB 1823
VETERANS' AFFAIRS Ad valorem tax exemption; motor vehicles; Medal of Honor recipients............. HB 1204 Disabled American Veterans Intersection; designate ............................................ HR 280 Georgia Veterans Memorial Cemetery; renaming ............................................... HB 1216 High school diplomas; issue to certain Korean Conflict and Vietnam Conflict veterans .......................................................................... HB 1068 High school diplomas; issue to certain veterans .................................................. HB 1098 Notaries public; personal knowledge of signer; prohibit certain fees.................. HB 1619 Public Safety and Veterans Highway; designate ................................................... HR 787 Special license plates; motorcycle plates for veterans ......................................... HB 1501
Refer to numerical index for page numbers
5074
INDEX
Special license plates; veterans; amend provisions.............................................. HB 1009 Special license plates; veterans' tags; certain businesses .................................... HB 1614 Superior courts; certain military records; exempt from public inspection........... HB 1203 Veterans cemeteries; operation by Department of Veterans Service...................... SB 460 Veterans' Nursing Home Care Trust Fund; create; special license plates - CA .... HR 646 Wood, Honorable Joe T., Sr.; place portrait at Georgia War Veterans Home..... HR 1374 WWII Veterans, Korean War Veterans, and Vietnam Veterans
Memorial Intersections; designate....................................................................... HR 800
VETERANS MEMORIAL HIGHWAY; designate portion of SR 17................ HR 1325
VETERANS PARKWAY Designate portion of Highway 113, portion of Highway 319 East Bypass, and portion of State Route 156 ...................................................... HR 838 Designate portion of State Route 156 .................................................................. HR 1086 Designate portion of State Route 156 .................................................................. HR 1215
VETERINARIANS Veterinary medicine; substantial revision; State Board; provisions ..................... HB 719
VETOES; communication from Governor .............................................. Pages 2442, 2444
VICTIMS OF CRIME Criminal procedure; graffiti; local government compensation programs............ HB 1726 Death penalty cases; appeals; Attorney General notify victim's family.............. HB 1070 Open records; exempt name and identity of sexual assault victims .................... HB 1427 Stalking victim; notification; dispositive or sentencing hearing.......................... HB 1500 Victim compensation awards; maximum amounts; probation fees ..................... HB 1142
VIETNAM VETERANS MEMORIAL INTERSECTION; designate ............... HR 800
VILLA RICA, CITY OF; council wards; reapportion ......................................... HB 1228
VIRGIL BLEDSOE HIGHWAY; designate ......................................................... HR 372
VITAL RECORDS Adoption; records access; certain birth certificates ............................................. HB 1127 Baby's Right to Know Act; enact; require mother give name of father .............. HB 1513 Minors; person in loco parentis; revise laws........................................................ HB 1323 Parent and child; establishing paternity; legitimation.......................................... HB 1172
Refer to numerical index for page numbers
INDEX
5075
VOCATIONAL, TECHNICAL, AND ADULT EDUCATION Colleges; certain foreign students; report to Immigration and Naturalization Service ............................................................................... HB 1231 Merit system; exclude Department of Technical and Adult Education employees......................................................................................... HB 1181 Postsecondary and adult education; textbooks in alternative formats ................. HB 1342 Public officers and employees; executive branch; exception to certain prohibition ......................................................................................... HB 1306
VOTING (Also, see Elections) Certain convicted felons; restoration of right to vote - CA.................................... HR 792 Elections and primaries; amend provisions.......................................................... HB 1213 Elections; on-site absentee voting period; provisions.......................................... HB 1770 Elections; uniform system of direct recording electronic voting equipment; provisions ............................................................................... SB 414 Polling places; elections; prohibit voice amplification devices ........................... HB 1092 Schools; students serving as poll officials; excused absence............................... HB 1296 Voter registration; application through Department of Natural Resources; hunting, fishing, trapping licenses ..................................... HB 1335
W
WALKER COUNTY Commissioner; compensation .............................................................................. HB 1775 Homestead exemption .......................................................................................... HB 1349 Homestead exemption .......................................................................................... HB 1351 Homestead exemption; certain residents.............................................................. HB 1836 Homestead exemption; certain residents.............................................................. HB 1838
WALTER C. PERKINS HIGHWAY; designate ................................................ HR 1091
WALTON COUNTY Board of commissioners; election districts; terms of office ................................... SB 443 Board of education; reapportion election districts .................................................. SB 564 Homestead exemption .......................................................................................... HB 1544 Homestead exemption; certain residents.............................................................. HB 1757
WARE COUNTY; commissioner districts; reapportion ....................................... HB 1484
Refer to numerical index for page numbers
5076
INDEX
WAREHOUSEMEN Leaf tobacco sales; approved graders...................................................................... SB 321 Warehouse Act; bond; coverage .......................................................................... HB 1561
WARRANTS Communications; terrorism; interception warrants.............................................. HB 1130 Financial institutions; certain records; search warrant; disclosure ...................... HB 1678 Wiretapping and surveillance; investigative warrants; access to stored wire and electronic communications..................................................... SB 459
WARREN COUNTY; education districts; reapportion ........................................ HB 1705
WASHINGTON, CITY OF Convey property in Hamilton County, Tennessee .................................................. SR 574
WASHINGTON COUNTY Commissioner districts; reapportion .................................................................... HB 1517 Education districts; reapportion ........................................................................... HB 1518
WASTE MANAGEMENT Brownfields agreements; contaminated property................................................. HB 1423 Computer Equipment Disposal and Recycling Council; create................................. HB 2 DeKalb and Fulton counties; energy from landfill resources; urge pilot project ............................................................................................... HR 1077 Environmental rules and regulations; risk assessment and cost benefit analysis............................................................................................. HB 587 Land disposal sites for septic tank wastes............................................................ HB 1406 Land disposal sites; septic tank waste; regulation................................................ HB 1030 Solid waste management; plasma-arc torch technology; encourage development..................................................................................... HR 1069
WATER AND WASTEWATER (Also, see Waters, Ports, and Watercraft) Archives and History; change Department of to Division of; amend provisions ........................................................................................... HB 487 Certain municipalities or authorities; water pollutants; permits for discharge; requirement.................................................................... HB 1355 Counties; certain areas; prohibit charges for water and sewer............................. HB 1537 Environmental rules and regulations; risk assessment and cost benefit analysis............................................................................................. HB 587 Ground water; prohibit injecting any substance into aquifers ............................. HB 1240
Refer to numerical index for page numbers
INDEX
5077
Ground water; withdrawals from coastal waters; domestic purposes.................. HB 1247 House Agricultural Water Conservation Incentive Program
Study Committee; create ..................................................................................... HR 568 Public water systems; public records; prohibit certain disclosure ....................... HB 1170 Public water systems; residential building owners ................................................. SB 357 Terrorism; protection of citizens and resources; relative to................................. HR 1695 Water supply systems employees; criminal records checks and fingerprinting .. HB 1428 Water well contractor or driller; actions affecting floridan aquifer ..................... HB 1239 Water well drilling equipment; urge Congress reclassify...................................... HR 209
WATERS, PORTS, AND WATERCRAFT Boats; required lifesaving equipment................................................................... HB 1042 Certain municipalities or authorities; water pollutants; permits for discharge; requirement.................................................................... HB 1355 Coastal waters; dredging; placement of beach-quality sand ................................ HB 1021 Crabbing and crab possession; provisions; prohibitions...................................... HB 1057 Eminent domain or condemnation; public utilities or services; local government approval ................................................................. HB 1273 Game and fish violations; penalties; rules; creel limits .......................................... SB 347 Motor vehicles or watercraft on sand dunes; prohibit; protection of nesting sea turtles and shore birds ............................................... HB 1048 Soil and Water Conservation Commission; compensation.................................. HB 1422 Specialized boating sport; training of athletes; permits ....................................... HB 1145
WATSON, THOMAS E. Urge U. S. Postal Service adopt stamp honoring ................................................. HR 1221
WAYNESBORO, CITY OF; mayor and council; vacancies ............................... HB 1771
WEAPONS Firearms; eliminate victim disarmament zones...................................................... HB 304 Firearms; license to carry; prohibition; certain conviction .................................. HB 1633 Rifles and shotguns; interstate purchases; amend certain provisions .................. HB 1457 Special license plates; National Rifle Association............................................... HB 1295 Student codes of conduct; conduct on public school buses; acts of physical violence; penalties ...................................................................... SB 291 Wildlife Violator Compact; enact; crossbows; handguns; deer and bear seasons ........................................................................................ HB 1174
WEBSTER COUNTY Commissioner districts; reapportion .................................................................... HB 1756 Education districts; reapportion ........................................................................... HB 1752
Refer to numerical index for page numbers
5078
INDEX
WEIGHTS AND MEASURES Vehicles and loads; excess weight and dimensions; permits............................... HB 1572 Vehicles and loads; exemption for ready-mixed concrete ...................................... SB 386 Vehicles and loads; exemption of certain equipment; change provision............. HB 1033 Vehicles and loads; unginned cotton; securing loads ............................................ HB 960
WELFARE (See Social Services)
WELLBORN, HONORABLE SAM M. Election; State Board of Transportation; Third Congressional District............... Page 258
WHEELER COUNTY; board of education; compensation ................................. HB 1648
WHITE COUNTY Homestead exemption .......................................................................................... HB 1425 Lake Sidney Lanier Watershed Governance Council; membership .................... HB 1783
WHITFIELD COUNTY Commissioner districts; reapportion .................................................................... HB 1675 Education districts; reapportion ........................................................................... HB 1454 Homestead exemption; certain residents.............................................................. HB 1824
WILCOX COUNTY Commissioner districts; reapportion .................................................................... HB 1661 Education districts; reapportion ........................................................................... HB 1682 Vehicle registration period ................................................................................... HB 1660
WILDLIFE Crabbing and crab possession; provisions; prohibitions...................................... HB 1057 Deer and hog bait; mechanical feeder to scatter; license ..................................... HB 1095 Game and fish; redefine "marine fish"; certain license ....................................... HB 1126 Hunting; bear and deer; season and bag limits..................................................... HB 1158 Hunting; deer and feral hogs; baiting or luring with food; license fees for wildlife management................................................................... SB 369 Nongame wildlife; exemption from certain prohibition; amend description....... HB 1397 Pen raised quail; training pointing and retrieving dogs ....................................... HB 1058 Wildlife Violator Compact; enact ........................................................................ HB 1056 Wildlife Violator Compact; enact; crossbows; handguns; deer and bear seasons ........................................................................................ HB 1174
WILKES COUNTY; convey property..................................................................... SR 574
Refer to numerical index for page numbers
INDEX
5079
WILKINSON COUNTY Commissioner districts; reapportion .................................................................... HB 1503 Education districts; reapportion ........................................................................... HB 1504 Homestead exemption; certain residents.............................................................. HB 1591 Water and sewer authority; name change ............................................................ HB 1473
WILLIAM G. HASTY, SR., FREEWAY; designate............................................ HR 809
WILLIAM IRA (W. I.) STILL, JR., HIGHWAY; designate ............................ HR 1117
WILLIAM S. HUTCHINGS BRIDGE; designate................................................. SR 785
WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES Estates; domiciliary presumed dead; evidence .................................................... HB 1136 Heirs and interests; disinterment and DNA testing; court orders .......................... HB 130 Medical records of deceased and living persons; release conditions; written authorization.......................................................................... SB 356 Property and trusts; rule against perpetuities; optional exceptions........................ HB 663 Trustees who are beneficiaries; restrictions on power ............................................ SB 517 Trusts; certain fiduciary functions; delegation..................................................... HB 1135 Trusts; redefine "foreign corporation" ................................................................. HB 1176 Wills; probate codes; amend provisions ................................................................ HB 639 Wills; renunciation of future interests; provisions ................................................. HB 646
WINE (See Alcoholic Beverages and Alcoholism)
WITNESSES Appellate review; criminal cases; judgments, rulings, decisions, motions; summary judgments; jurisdiction ........................................ SB 393 Civil cases; pretrial order; additional witnesses................................................... HB 1116 Civil cases; service of process in foreign countries; pretrial orders; additional expert witnesses....................................................................... SB 346 Evidence; certain proceedings; redefine qualified interpreter ............................. HB 1080 Minors; person in loco parentis; revise laws........................................................ HB 1323
WOOD, HONORABLE JOE T., SR. Place portrait at Georgia War Veterans Home..................................................... HR 1374
WORKERS' COMPENSATION Fire departments and firefighters; change certain requirements ............................ SB 515 Certain advance authorization; provisions ........................................................... HB 1751 Certain data; rehabilitation suppliers; benefit checks .......................................... HB 1155
Refer to numerical index for page numbers
5080
INDEX
Denial; certain change in condition...................................................................... HB 1416 Farm laborers; amend provisions ........................................................................... HB 952 Panel of physicians; employer select for employee ............................................. HB 1318 Subsequent Injury Trust Fund; reimbursements; dissolution .............................. HB 1580
WORLD CONGRESS CENTER Geo. L. Smith II World Congress Center; rename as Geo. L. Smith II American Heroes Center........................................................ HB 1047
WORTH COUNTY Commissioner districts; reapportion .................................................................... HB 1802 Education districts; reapportion ........................................................................... HB 1801 State court; amend provisions .............................................................................. HB 1833
WRIGHT'S CROSSING; designate certain intersection ..................................... HR 1320
WWII VETERANS MEMORIAL INTERSECTION; designate ....................... HR 800
Y YATES, HONORABLE JOHN; communication .............................................. Page 1234
Z ZONING; land use around airports; requirements................................................. HB 1673
Refer to numerical index for page numbers
PART II
HOUSE BILLS
HB 2-- Computer Equipment Disposal and Recycling Council; create .........................................................................................284, 407, 3743, 4690
HB 13-- Minors; certain employment; written parental permission.................................................................................................... 598
HB 19-- Income tax; adjust tables for inflation from 1971 ....................... Prefiled Only HB 22-- Income tax; change computation tables ...................................... Prefiled Only HB 24-- Motor vehicle liability insurance; towing and storage;
insurance premium finance companies; amend provisions ...............................................................................4386, 4734, 4891 HB 38-- Employees' Retirement; DFACS; creditable service ......................1617, 2286 HB 68-- Employment security; domestic employees; annual contributions .................................................................................................516 HB 69-- Clinical Perfusionist Licensure Act; enact .................................644, 968, 4327 HB 72-- State agencies; rejected applications for law enforcement positions; written notification.......................................No Action HB 79-- Health insurance; breast cancer; coverage ........................................No Action HB 84-- Uniform Fraudulent Transfers Act; enact ..................................................2747 HB 97-- Georgia's Pre-K Program; rename pre-kindergarten program............................................................................................ 3473, 3690 HB 112-- Elections; absentee voting; amend provisions ..................................No Action HB 116-- State officers and employees; annual leave; use for other office .......................................................................................... 227, 480 HB 125-- Professional Standards Commission; renewable certificates; limitation........................................................................No Action HB 127-- Juvenile proceedings; amend provisions............................................197, 1400 HB 129-- State Forestry Commission; add members...........................................302, 929 HB 130-- Heirs and interests; disinterment and DNA testing; court orders...................................................................................................344 HB 134-- Mobile home decal; failure to display; prosecution .....................................600 HB 136-- Regional educational service agencies; sales to private schools ..............................................................................................3813, 4505 HB 142-- Tax commissioners and employees; certain counties; mandatory training ............................................................................No Action HB 144-- Loaded firearms in private motor vehicles; authorize..................................455
5082
INDEX
HB 151-- Motor vehicles on public roads; prohibit nitrous oxide .............................1666
HB 161-- Schools; visitors check in at designated location ....................... 257, 318, 347, 3472, 3692, 3812, 4345, 4641
HB 179-- Income tax; retirement income; increase exclusion .............................500, 546
HB 194-- Off-road vehicles; use on public highways; prohibition; exception............................................................................................No Action
HB 202-- Public Safety Department and Georgia Bureau of Investigation; certain incentive pay; increase ...................................No Action
HB 203-- Public School Employees Retirement; increase benefit...........................26, 60
HB 210-- Teachers Retirement; reemployment of certain retired teachers ....................................................................................558, 2309, 3228, 3281
HB 216-- Sales tax; vending machines; exempt food and beverages ...........................................................................................No Action
HB 222-- License plates on government vehicles; change appearance ..................................................................................................2253
HB 227-- Georgia Military Pension Fund; create ......................................558, 621, 3814
HB 238-- Income tax; certain military service exemption ................................No Action
HB 245-- School principals; state supplement; periodic payments...................No Action
HB 250-- License plates and fees; redesignate certain provisions in Title 48 to Title 40........................................................................4372, 4803
HB 252-- Class Nine Fire Department Pension; increase benefits...................26, 63, 517
HB 254-- Judicial Retirement; state court judges and solicitors general; transfer funds from Employees' Retirement.............2089, 2469, 3220
HB 255-- Firefighter's Pension Fund; increase benefit; certain members ...........................................................................................26, 64, 517
HB 269-- Juvenile courts; transfer of cases from superior courts .....................No Action
HB 304-- Firearms; eliminate victim disarmament zones........................................... 381
HB 331-- Homestead exemption; married person not living with spouse ................................................................................................No Action
HB 332-- Community service boards; powers, duties, and functions ............................................................................................No Action
HB 337-- Tax sales; excess funds; payment.....................................................3472, 3678
HB 342-- Employment Security and Enhancement Act of 2002; enact........................................................................................2264, 2593, 3814
HB 356-- Health care practitioners; credentialing data; centralized collection ...........................................................................................No Action
HB 357-- Magistrate courts; training requirements; certain magistrates..................................................................................417, 578, 2747
HB 360-- Safe Place for Newborns Act of 2002; enact ...................................2822, 3024
INDEX
5083
HB 369-- Determination of paternity; motion to set aside; genetic testing .................................................................................................471, 2887
HB 376-- Sales tax; special county or joint municipal/county tax; amend ................................................................................................No Action
HB 379-- Putnam County; probate court judge; nonpartisan.....................................4879
HB 387-- Employees' Retirement; disability benefits; earnings maximum............................................................................................381, 1031
HB 397-- Individual development accounts; comprehensive regulation...........................................................................................No Action
HB 407-- Criminal trespass; certain sexual offenders; school safety zones .......................................................................................No Action
HB 410-- Prosecution; serious violent offenders; extend limitations; DNA evidence....................................................3812, 4416, 4531, 4640, 4646, 4757, 4882
HB 434-- Consumer Choice Negotiated Health Insurance Plan Act; enact...........................................................................................No Action
HB 439-- Sales tax; exempt certain clothing, wallets, and bags; limited time........................................................................................No Action
HB 454-- Uniform rules of the road; radar; certain residential area ..........................2253
HB 473-- Education accountability; certain actions by local boards; enhanced annual report.........................................................No Action
HB 475-- Forsyth County; homestead exemption.............................................No Action
HB 480-- Drivers' licenses; restoration; completion of certain courses or programs...........................................................................No Action
HB 487-- Archives and History; change Department of to Division of; amend provisions ..............................................1617, 2290, 2355, 3221
HB 488-- Teachers Retirement; creditable service; certain private schools ..................................................................................................558, 979
HB 492-- Interest; alimony or divorce payments; 30 days late....................................558
HB 498-- Mental health, developmental disabilities, and addictive diseases; regional planning boards; community service boards; state ombudsman ......................................................1196, 1305, 1698, 1702, 1985, 4575, 4576, 4752
HB 501-- Sales tax; exempt sales by certain humane societies........................1618, 2665
HB 525-- Health insurance; maternity benefits; notices ..................................2753, 2890
HB 537-- Sexual offenses; change provisions relating to sexual assault ...........................................................................................................600
HB 547-- Unpaid property taxes; waiver of interest .............................1618, 2337, 3812, 4791
5084
INDEX
HB 552-- Judicial Retirement; employee contribution rate; adjustment...............................................................................1617, 2562, 4381
HB 553-- Homestead option sales tax; distribution of proceeds.......................No Action
HB 554-- Education; certain advanced placement tests; payment ....................No Action
HB 555-- Unidentifiable sales tax; distribution of proceeds .............................No Action
HB 557-- Judicial Retirement; survivors' benefit fund; establish .............558, 637, 2754, 2873
HB 571-- Judges of the Probate Courts Retirement; payments into fund; civil filings; application for license to carry pistol or revolver ....................................................................................27, 105, 2748
HB 585-- Pharmacy technicians; pharmacy benefit managers; outdated drugs; credit for return............................................3230, 3237, 4324, 4343, 4389, 4646, 4760
HB 587-- Environmental rules and regulations; risk assessment and cost benefit analysis............................................................511, 628, 2935, 3283
HB 619-- Education; disciplinary decisions; appeals........................................No Action
HB 623-- DeKalb County; collection of school taxes by tax commissioner....................................................................................3687, 4366
HB 627-- Legislative Retirement; election of coverage; change date ...................................................................................................1617, 2673
HB 634-- Crimes; offense of aggravated sexual assault; penalties ...................No Action
HB 639-- Wills; probate codes; amend provisions......................................53, 160, 4386, 4836
HB 642-- Juvenile proceedings; certain cost of care; discovery ......................4386, 4480
HB 646-- Wills; renunciation of future interests; provisions .......................................344
HB 652-- Health Care Work Force Planning Act; enact.................................1140, 1598
HB 653-- Criminal procedure; rape; statute of limitations................................No Action
HB 663-- Property and trusts; rule against perpetuities; optional exceptions ..........................................................................................No Action
HB 666-- Employees' Retirement; certain prior legal service; credit .......................................................................................1617, 2601, 4381
HB 681-- Georgia Courts Automation Commission; advisory council; Georgia Technology Authority.....................................................1666
HB 690-- Crimes and offenses; forcible misdemeanor; redefine......................No Action
HB 696-- Open records; emergency "911" calls; redact certain information ............................................................................3230, 3252, 4324, 4506, 4880
HB 716-- Fair Insurance Business Practices Act of 2001; enact............1272, 2324, 3742
INDEX
5085
HB 719-- Veterinary medicine; substantial revision; State Board; provisions ................................................................................949, 1674, 4387, 4429, 4645, 4729, 4878
HB 728-- Contracts; agricultural equipment dealers and sales; regulate .......................................................................................226, 363, 1193
HB 738-- Minority business enterprise; redefine "minority" ............................No Action
HB 743-- Substance Abuse and Crime Prevention Act of 2001; enact...................................................................................................No Action
HB 744-- Power Alley Development Authority Act; enact .............................4372, 4692
HB 750-- Insurance; termination of group coverage; notification ....................No Action
HB 765-- Teachers Retirement; creditable service; early childhood development service .................................................381, 587, 3229, 3285
HB 783-- Forfeited property; distribution; land bank authorities ..............................1193
HB 785-- Employees' Retirement; membership; Georgia Rail Passenger Authority........................................................................27, 67, 1292
HB 789-- Vidalia onion; redefine......................................................................No Action
HB 791-- Penal institutions; split sentence probationers; supervision.........................................................................................No Action
HB 814-- Voter Choice and Election Access Reform Act of 2001; enact....................................................................................................298, 2665
HB 824-- Municipal courts; marijuana possession; summons or citation ................................................................................................993, 2675
HB 828-- Orthotics, Prosthetics, and Pedorthics Practice Act; enact; create board.................................................................2003, 2579, 3472, 3727
HB 829-- Sheriffs; certain service in civil cases; increase fee .............................183, 204
HB 837-- Richmond County; probate court judge; compensation...............................154
HB 842-- Superior Court Clerks' Retirement; state court clerks; membership ....................................................................................26, 56, 1667
HB 852-- Computer pornography and child exploitation; increase penalties ........................................................................................................600
HB 878-- Business and occupation taxes; excessive regulatory fees; remedies ...................................................................................1058, 1720
HB 885-- Interstate Compact for Adult Offender Supervision; enact........................................................................................1741, 2089, 4370
HB 917-- Standby Guardianship Act; enact ..........................................1986, 2570, 3229, 3254, 4646
HB 918-- Dade County; homestead exemption..............................................53, 54, 2427
HB 919-- Dade County; homestead exemption..............................................53, 54, 2427
5086
INDEX
HB 931-- Employees' Retirement; full retirement benefit; certain reemployment ........................................................................1007, 1581, 4371, 4634
HB 937-- Employees' Retirement; governor or lieutenant governor; 8 years' service.............................................................................381
HB 945-- Dog and cat sterilization program; license plates promoting ..................................................................................183, 208, 3746, 4531
HB 947-- Fulton County School Employees Pension; postretirement benefit increase.................................................18, 26, 99, 2930
HB 948-- Courts; criminal case data; electronic transmission .......................................18
HB 949-- Fulton County School Employees Pension; amend cost of living provisions.................................................................18, 26, 101, 2930
HB 950-- Teachers Retirement; certain Department of Labor service; credit .................................................................................................18
HB 951-- Health insurance coverage; colorectal cancer screening................................19
HB 952-- Workers' compensation; farm laborers; amend provisions .......................................................................................................19
HB 953-- First trimester abortions; regulate certain facilities........................................19
HB 954-- Torts; certain medical training programs; immunity......................................19
HB 955-- Teachers Retirement; 25 years' service; obtain 3 additional years.........................................................................19, 27, 69, 3221
HB 956-- Education; certain manufacturer or vendor compensation; prohibit ...................................................................................19
HB 957-- Gas marketers and telemarketers; switching consumers' gas supplier.....................................................................................................19
HB 958-- Income tax; reduce rates; certain taxpayers ...................................................19
HB 959-- Motor vehicles; maximum speed limits; certain vehicles ..............................19
HB 960-- Vehicles and loads; unginned cotton; securing loads...........19, 119, 135, 1293
HB 961-- HOPE scholarships; redefine "eligible high school".................19, 1615, 1955, 3470
HB 962-- Judicial Retirement; 30 years' service ............................................................19
HB 963-- Judicial Retirement; certain military service; creditable service.............................................................................................................19
HB 964-- Signs along public roads; change penalty provisions.....................................19
HB 965-- Patient Safety and Health Care Reporting Act; enact ....................................18
HB 966-- Employees' Retirement; certain prior service as governor or lieutenant governor; credit..........................................................18
HB 967-- Unemployment compensation; redefine employment; exempt certain services ..............................................................18, 2264, 2646
HB 968-- Nurses; Multistate Compact; enact.................................................................18
INDEX
5087
HB 969-- Pardons and paroles; define serious felony; minimum term.................................................................................................................19
HB 970-- Employees' Retirement; certain defined contribution membership; transfer......................................................................................19
HB 971-- Criminal procedure; insanity plea; amend provisions....................................19
HB 972-- Employees' Retirement; certain indigent defense employment; credit.........................................................................................19
HB 973-- Georgia Tort Claims Act; state liability; amend provisions .......................................................................................................19
HB 974-- Ad valorem tax; heavy-duty equipment motor vehicles; amend provisions............................................................................................19
HB 975-- Superior Court Clerks' Retirement; discretionary benefit increase .................................................................................19, 151, 200, 2748
HB 976-- Education; certain advanced placement exam fees; payment ..........................................................................................................19
HB 977-- Schools; students committing offense of bullying; discipline.........................................................................................................19
HB 978-- Hospitals; newborns; eligibility for medical assistance .................................19
HB 979-- Guide Dogs for the Blind, State Board; create...............................................19
HB 980-- State funds; prohibition; certain agencies and corporations ..............................................................................................41, 94
HB 981-- Open meetings; telecommunications conference; military duty .........................................................................................186, 225
HB 982-- Income tax credit; certain persons; qualified education expenses....................................................................................................41, 94
HB 983-- Drivers' licenses; issuance in border states; authorize in Georgia ........................................................................................ Prefiled Only
HB 984-- Quality basic education; program weights; fund textbooks 100% ....................................................................................218, 276
HB 985-- Electricity, natural gas, and telephone service rates; end authority of Public Service Commission to regulate............................144, 195
HB 986-- Natural gas; determination of consumer price; prohibition ............................................................................................144, 195
HB 987-- Natural gas; consumer failure to pay; prohibition................................144, 195
HB 988-- Hospitals; patient transfer without consent; prohibition ............. Prefiled Only
HB 989-- Coweta County; homestead exemptions; certain residents..................................................................................15, 36, 53, 54, 98
HB 990-- Paulding Judicial Circuit; create; amend Tallapoosa Circuit .................................................................................15, 36, 53, 106, 471
HB 991-- Insurance; liability insurers; rate filings; loss reserves ....................16, 36, 991
HB 992-- Insurers; commission percentage; file as separate expense item .............................................................................................16, 36
5088
INDEX
HB 993-- State symbols; designate grits as official processed food ........................16, 36
HB 994-- Motor vehicle insurance; proof of coverage; state database .....................................................................................16, 36, 52, 104, 345, 483, 525
HB 995-- Teachers Retirement; employee's contribution; 4% minimum...................................................................................17, 36, 341, 433
HB 996-- Code of Georgia; corrections ..................................................17, 36, 119, 159, 3221
HB 997-- Elections Code; corrections.....................................................17, 36, 119, 167, 3761, 4418, 4881
HB 998-- Holidays; "911 Heroes Appreciation Day"; create...................................18, 36
HB 999-- Natural Gas Competition and Deregulation Act; repeal ..........................18, 36
HB 1000-- Supplemental appropriations; educational facilities; general obligation debt ............................................................30, 51, 139, 169, 524
HB 1001-- Supplemental appropriations; FY 2001-2002 .........................30, 51, 644, 679, 1417, 1440, 1587, 1587, 1618, 1776, 1968
HB 1002-- General appropriations; FY 2002-2003...............................30, 51, 1918, 2106, 3030, 3030, 3163, 3163, 3165, 3490, 3741
HB 1003-- Telecommunications equipment distribution program; provisions ................................................................................30, 52, 645, 912, 3470
HB 1004-- Environmental Protection Division; alleged violations; complaint requirements ............................................................31, 52, 284, 355
HB 1005-- Civil actions; mediation requirement .......................................................31, 52
HB 1006-- Income tax exemption; military income...................................................31, 52
HB 1007-- Homestead exemption; full value of homestead; certain residents....................................................................................................32, 52
HB 1008-- Drivers' licenses; aliens; amend provisions........................................32, 52, 52
HB 1009-- Special license plates; veterans; amend provisions..................................33, 52
HB 1010-- Barrow County; education districts; reapportion .................33, 52, 97, 97, 197
HB 1011-- Barrow County; commissioner districts; reapportion ..........33, 51, 97, 97, 197
HB 1012-- Major Airport Operations Act; enact........................................................33, 51
HB 1013-- Quitman County; education districts; reapportion ..................41, 94, 131, 132, 300
HB 1014-- Correctional institutions; counties housing state inmates; reimbursement ...........................................................................41, 94
INDEX
5089
HB 1015-- Clay County; education districts; reapportion.........................42, 94, 131, 132, 300
HB 1016-- Stewart County; education districts; reapportion ....................42, 94, 131, 132, 300
HB 1017-- Correctional institutions; work incentive program; provisions .................................................................................................42, 94
HB 1018-- Stewart County; commissioner districts: reapportion .............43, 94, 131, 133, 301
HB 1019-- Clay County; commissioner districts; reapportion..................43, 94, 131, 133, 301
HB 1020-- Harris County; commissioner districts; reapportion ...............43, 94, 131, 133, 301
HB 1021-- Coastal waters; dredging; placement of beach-quality sand..........................................................................................43, 94, 511, 640, 1196, 1354
HB 1022-- Special license plates; Boy Scouts of America ........................................44, 94
HB 1023-- Harris County; education districts; reapportion ......................44, 94, 131, 134, 280
HB 1024-- Sales tax; exempt wax or dies; military equipment............................44, 94, 94
HB 1025-- Sales tax exemption; urban transit systems...............................45, 94, 94, 285, 362, 2930
HB 1026-- Public Revenue Code; conform to federal law........................45, 94, 500, 865, 1667
HB 1027-- Schools; certain historical documents; authorize posting or reading..................................................................................................45, 94
HB 1028-- Income tax credit; qualified reforestation expenses.................................46, 94
HB 1029-- Used motor vehicle and parts dealers; redefine rebuilder ................46, 94, 599
HB 1030-- Land disposal sites; septic tank waste; regulation....................46, 94, 284, 320
HB 1031-- Emergency medical services; local governments designate ambulance providers ................................................................47, 94
HB 1032-- Office of International Protocol and Citizenship Assistance; create .....................................................................................47, 94
HB 1033-- Vehicles and loads; exemption of certain equipment; change provision.......................................................................................47, 94
HB 1034-- Sales tax; exempt liquid petroleum gas; horticultural purposes....................................................................................................48, 94
HB 1035-- Income tax; exempt certain military personnel .........................48, 94, 95, 285, 405
HB 1036-- Supplemental appropriations; FY 2001-2002 ..........................................48, 94
HB 1037-- General appropriations; FY 2002-2003....................................................49, 94
HB 1038-- Supplemental appropriations; FY 2001-2002 ..........................................49, 94
5090
INDEX
HB 1039-- Child custody; joint physical custody; court designates custodial parent.........................................................................................49, 94
HB 1040-- Traumatic burn care medical practice; cost of care; lien on patient's cause of action......................................................50, 94, 95, 1181, 2063, 2930
HB 1041-- Sales tax; exempt wax or dies; military equipment............................50, 94, 96
HB 1042-- Boats; required lifesaving equipment.....................................86, 130, 227, 316
HB 1043-- Lumpkin County; commissioner districts; reapportion.........86, 130, 152, 152, 301
HB 1044-- Schools; electronic communication devices; delete prohibition ..............................................................................86, 130, 416, 474
HB 1045-- Lumpkin County; sheriff; vacancies ......................................................87, 130
HB 1046-- Lumpkin County; education districts; reapportion................87, 130, 152, 152, 301
HB 1047-- Geo. L. Smith II World Congress Center; rename as Geo. L. Smith II American Heroes Center.............................................87, 130
HB 1048-- Motor vehicles or watercraft on sand dunes; prohibit; protection of nesting sea turtles and shore birds ...................87, 130, 511, 582, 1194
HB 1049-- State employees; organ donors; paid leave of absence .........88, 130, 257, 377, 2930
HB 1050-- Public officials and employees; business transactions with local governments ..........................................................................88, 130
HB 1051-- Campaign contributions; transfers; certain prohibition..........................88, 131
HB 1052-- Income tax credit; certain teachers or paraprofessionals .......................89, 131
HB 1053-- Athens-Clarke County; legislative power of mayor; clarification............................................................................89, 131, 152, 152, 301
HB 1054-- Sexual offender registration requirements; internet access; schools and day-care facilities ........................................89, 131, 1987, 2322, 3814
HB 1055-- Athens-Clarke County; board of elections and registration.............................................................................89, 131, 152, 153, 301
HB 1056-- Wildlife Violator Compact; enact ........................................90, 130, 227, 2361
HB 1057-- Crabbing and crab possession; provisions; prohibitions .......90, 130, 227, 305, 1194
HB 1058-- Pen raised quail; dog training; hunting .................................90, 130, 227, 308, 2748
HB 1059-- Finfish; maximum legal size of red drum .............................91, 130, 227, 314, 1194
HB 1060-- Transportation Safety Act of 2002; enact ......................................91, 130, 646
INDEX
5091
HB 1061-- Magistrate courts; jurisdiction; child abandonment cases........................................................................................................91, 130
HB 1062-- Cruelty to children in second degree; add nonmerger provision ...............................................................................92, 130, 993,1231, 2989, 3325, 4392, 4706, 4849, 4882
HB 1063-- Natural gas; single regulated marketer; provisions ................................92, 130
HB 1064-- Probate court judges; eligibility requirements; certain counties........................................................................................92, 130, 1058, 1199, 4381
HB 1065-- Summons; service by private detectives ..............................122, 149, 183, 358
HB 1066-- Torts; child passenger safety technician; liability; immunity..............................................................................122, 149, 228, 378, 1194
HB 1067-- Troup County; education districts; reapportion ..................122, 149, 229, 229, 431
HB 1068-- High school diplomas; issue to certain Korean and Vietnam Conflict veterans...................................................123, 149, 416, 549, 3221
HB 1069-- Seat belts; child safety restraints; applicable vehicles .........................123, 149
HB 1070-- Death penalty cases; appeals; Attorney General notify victim's family .....................................................................123, 149, 455, 521, 2935, 3286
HB 1071-- Gwinnett County; education districts; reapportion ..............124, 150, 196, 196
HB 1072-- Summons of garnishment; copy of perfected service ..........................124, 150
HB 1073-- Teachers; certain salary increase; delete 3-year requirement...........................................................................................124, 150
HB 1074-- Public Service Commission; reapportion districts ..............124, 150, 258, 304, 3814
HB 1075-- Uniform Athlete Agents Act; enact......................................................125, 150
HB 1076-- Sales tax; exempt required textbooks; postsecondary schools ..........................................................................................125, 150, 150
HB 1077-- State deferred compensation programs; certain employees participate ..........................................................126, 150, 416, 473, 4322
HB 1078-- Industrial life insurance; notice of lapse or cancellation; limitations on premiums ......................................................126, 150, 416, 548, 1194
HB 1079-- Theft by deception; certain victims; information about offender ........................................................................................126, 149, 993
5092
INDEX
HB 1080-- Evidence; certain proceedings; redefine qualified interpreter ..................................................................................127, 149, 1058, 1928
HB 1081-- Taxation; illegal or erroneous collection; interest on refunds ..........................................................................................127, 149, 150
HB 1082-- Construction contractors; utility system; license requirements .........................................................................................127, 149
HB 1083-- Athletic trainers; licensure and qualifications ...........................128, 149, 1432, 2060, 3221
HB 1084-- Georgia Airport Management Authority; create ..................................128, 149
HB 1085-- Gwinnett County; commissioner districts; reapportion ......128, 150, 277, 278, 1293, 1732
HB 1086-- Food sales establishments; post business licenses; milk standards ..............................................................................129, 150, 183, 212, 2936, 3294
HB 1087-- Nuisances; agricultural facilities and operations; definitions; state policy .......................................................129, 150, 183, 214, 2936, 3297
HB 1088-- Nonresident or alien wholesale fish dealers; license fees ...129, 150, 227, 315, 2930
HB 1089-- Contracts; hospitals contracting with certain insurers; contravening public policy .........................................................129, 150, 1431
HB 1090-- Claims against state; notice; change provisions...................130, 150, 381, 487
HB 1091-- Seat belts; child safety restraints; applicable vehicles .........................145, 195
HB 1092-- Polling places; elections; prohibit voice amplification devices ..................................................................................................145, 195
HB 1093-- Uniform rules of road; use of radios and mobile phones; warnings ...............................................................................................145, 195
HB 1094-- Grandparent visitation; petition; filing; fees ........................................145, 195
HB 1095-- Deer and hog bait; mechanical feeder to scatter; license .....................146, 195
HB 1096-- Oconee River Greenway Authority; create; Aviation Hall of Fame; amend powers of board; I-20 Corridor Regional Airport Study Commission; create ......................146, 195, 575, 911, 4388, 4754
HB 1097-- Fire, 911, and emergency organizations; state grants; provisions .............................................................................................146, 195
HB 1098-- High school diplomas; issue to certain veterans ..................................147, 195
HB 1099-- Hospitals; patient transfer without consent; prohibition ......................147, 195
HB 1100-- Insurance coverage; colorectal cancer screening ................147, 195, 598, 670, 1668, 1980
HB 1101-- Retirement and Pensions Code; corrections........................148, 195, 284, 325, 2748
INDEX
5093
HB 1102-- Crisp County; commissioner districts; reapportion.............148, 195, 229, 238, 399
HB 1103-- Campaign contributions; judicial candidates; certain prohibition ............................................................................................148, 195
HB 1104-- Superior court clerks; fees; repeal certain sunset provisions ............................................................................148, 195, 674, 924, 3470
HB 1105-- Juvenile proceedings; photographing certain children; authorization........................................................................186, 225, 381, 641, 4381
HB 1106-- Ad valorem tax exemptions; certain counties; population classification............................................................186, 225, 1120, 1299, 2931
HB 1107-- Assault, aggravated assault, reckless conduct; amend provisions .............................................................................................187, 225
HB 1108-- Emission inspections; Board of Natural Resources; certain power .......................................................................187, 225, 225, 284, 353, 1194
HB 1109-- Motor Vehicle Safety, Department of; board and commissioner; per diem ....................................................188, 225, 599, 1035, 2931
HB 1110-- Transportation; vehicles subject to weighing, measuring, inspecting; refusal to stop .........................................188, 225, 599, 1036
HB 1111-- Motor vehicles; certain vehicles; lane restrictions ....................188, 225, 1433, 1963
HB 1112-- Motor vehicles; registration and licensing; certain military tags; employee use of department vehicle.....................188, 225, 599, 1608, 4381
HB 1113-- Disabled persons; parking; identification of enforcement personnel .........................................................................189, 225
HB 1114-- Clay County; magistrate court; law library fees..................189, 225, 277, 278, 2053
HB 1115-- Motor vehicle accident insurance; credit reports; prohibition ..................................................................................189, 225, 1272
HB 1116-- Civil cases; pretrial order; additional witnesses..........................190, 225, 991, 1100
HB 1117-- Natural gas competition and deregulation; amend provisions .............................................................................................190, 225
HB 1118-- Athens-Clarke County; commission districts; reapportion...........................................................................190, 225, 277, 278, 3739
5094
INDEX
HB 1119-- Pulaski County; education districts; reapportion ........................190, 225, 277, 2931
HB 1120-- Elections; qualifying period; federal declaration of emergency....................................................................................191, 225, 597, 1161, 4327
HB 1121-- Local boards of education; health insurance; certain coverage.....................................................................................191, 225, 1615, 2328, 4382
HB 1122-- Developmental highway system; change corridor descriptions...........................................................................................191, 225
HB 1123-- High school region athletic competition; travel distance .....................192, 225
HB 1124-- Baldwin County; commissioner districts; reapportion........192, 225, 277, 279, 663
HB 1125-- Baldwin County; education districts; reapportion...............192, 225, 277, 279, 663
HB 1126-- Game and fish; redefine "marine fish"; certain license........................192, 225
HB 1127-- Adoption; records access; certain birth certificates............193, 225, 226, 1058
HB 1128-- Motor vehicle liability; local governments; waiver of immunity......................................................................................193, 225, 298, 1108, 3230, 3300
HB 1129-- Gilmer County; education districts; reapportion.................194, 225, 277, 280, 2053
HB 1130-- Communications; terrorism; interception warrants..............................218, 276
HB 1131-- False driver's license or identification; prohibition; penalties................................................................................................218, 276
HB 1132-- County officials; certain training; supplemental compensation........................................................................................219, 276
HB 1133-- Counties; certain compensation; exemption from payment ................................................................................................219, 276
HB 1134-- Tattnall County; board of commissioners; expense supplements .........................................................................219, 276, 299, 299, 1769
HB 1135-- Trusts; certain fiduciary functions; delegation ....................................220, 276
HB 1136-- Estates; domiciliary presumed dead; evidence............................220, 276, 558, 1098
HB 1137-- Income tax exemption; certain national guard or reserve member .................................................................................................220, 276
HB 1138-- Tax sales; redemption of property; amounts payable.................221, 276, 1120
HB 1139-- Cancer Care Trust Fund; create............................................................221, 277
HB 1140-- Public utilities; requests for changes; time limits for orders ..........................................................................................221, 277, 1181
HB 1141-- Cobb County; commissioner districts; reapportion..............221, 277, 299, 300
INDEX
5095
HB 1142-- Victim compensation awards; maximum amounts; probation fees ..............................................................................222, 276, 455, 553, 3471
HB 1143-- Income tax; personal exemptions; increase..................................222, 276, 277
HB 1144-- Income tax; exempt public safety income..................................223, 276, 2937
HB 1145-- Specialized boating sport; training of athletes; permits .......................223, 276
HB 1146-- "Juneteenth Celebration Day" in Georgia; designate June 19 .................................................................................................223, 276
HB 1147-- "Juneteenth Celebration Day" in Georgia; designate June 19..................................................................................................223, 276
HB 1148-- Special license plates; breast cancer programs; indigent .....................224, 276
HB 1149-- Murray County; magistrates; nonpartisan election .............268, 297, 395, 396, 1069
HB 1150-- Pick-your-own farms, equine or llama activities, fishing locations; liability................................................................268, 297, 403, 557, 920
HB 1151-- Sales tax; exemption; certain period in August....................................268, 297
HB 1152-- Butts County; education districts; reapportion....................269, 297, 341, 342, 2053
HB 1153-- Income tax; teacher's income; exempt .................................................269, 297
HB 1154-- Local governments; forestry resources, streets, and roads; powers...............................................................................269, 297, 994, 1143, 2936, 3275, 4641
HB 1155-- Workers' compensation; certain data; rehabilitation suppliers; benefit checks .....................................................270, 297, 598, 921, 4382
HB 1156-- Optometrists; pharmaceutical agents; establish list .............................270, 297
HB 1157-- Motor vehicle accident insurance; multiple lienholders; total loss claims; certain access to records .................................270, 297, 1272 2334, 4382
HB 1158-- Hunting; bear and deer; season and bag limits.....................270, 297, 395, 490
HB 1159-- Butts County; commissioner districts; reapportion.............271, 297, 341, 342, 2053
HB 1160-- Child custody or protective services employees; disclosure of personal information .......................................................271, 297
HB 1161-- Motor vehicle sales finance; repossession; amend...............................271, 297
HB 1162-- Administrative Services, Department of; minority business; certification ................................................................272, 297, 1181, 1948, 3473, 4313, 4881
5096
INDEX
HB 1163-- Septic tanks; certified installers and pumpers; bonds .................272, 297, 991, 1148, 3471
HB 1164-- Income tax credit; electric vehicle charger ..........................................272, 297
HB 1165-- Motor vehicles; charging stations for electric vehicles; designate ...............................................................................................273, 297
HB 1166-- Habersham County; homestead exemption.........................273, 297, 845, 846, 1195
HB 1167-- Homestead option sales tax; distribution of proceeds..................273, 297, 298
HB 1168-- Rape; female under age 12 .........................................................274, 297, 2005
HB 1169-- Municipal courts; misdemeanors; trials; accusation or citation .................................................................................274, 297, 455, 590, 4325, 4726
HB 1170-- Public water systems; public records; prohibit certain disclosure..............................................................................................274, 297
HB 1171-- Schools; moment of quiet reflection; clarification...............................275, 297
HB 1172-- Parent and child; establishing paternity; legitimation ...............275, 297, 1986, 2661
HB 1173-- Schools; prescribed courses; history of blacks and Hispanics in the United States..............................................................287, 339
HB 1174-- Wildlife Violator Compact; enact; crossbows; handguns; deer and bear seasons.........................................287, 339, 395, 476, 2753, 3438, 3742, 4466, 4643, 4752, 4769
HB 1175-- Alcovy Judicial Circuit; add judge......................................287, 339, 417, 982, 3744
HB 1176-- Trusts; redefine "foreign corporation" ................................288, 339, 557, 905, 3222
HB 1177-- Henry County; education districts; reapportion ..................288, 339, 395, 397, 2931
HB 1178-- Used motor vehicle dealers; redefine; exclude certain organizations ........................................................................288, 339, 599, 977
HB 1179-- Drivers' licenses; application of minor; additional signer...........288, 339, 417, 522, 3462, 3754, 4731, 4733, 4881
HB 1180-- Sales tax exemption; sales to agricultural commodities commissions ........................................................................289, 339, 340, 995, 1097, 4382
HB 1181-- Merit system; exclude Department of Technical and Adult Education employees..........................................................289, 339, 499
INDEX
5097
HB 1182-- Structural pest control operators; examinations; qualifications; insurance requirements..............................290, 340, 403, 1416, 2079, 4388, 4536
HB 1183-- Athens-Clarke County; school system; superintendent's authority...............................................................................290, 340, 395, 397, 1769
HB 1184-- Motor vehicle safety; forms; amend provisions..........................290, 340, 599, 1248
HB 1185-- Controlled substances and dangerous drugs; amend provisions .............................................................................290, 340, 454, 519
HB 1186-- Controlled substance analog; definition; provisions ............................291, 340
HB 1187-- Local government budgets; authority to draw from treasury .........................................................................................291, 340, 559
HB 1188-- Local governments; authority to contract with certain organizations ................................................................................292, 340, 559
HB 1189-- Thomas County; education districts; reapportion ...............292, 340, 395, 398, 2053
HB 1190-- Law enforcement officers; prohibit racial profiling.............................292, 339
HB 1191-- Banking and finance; Lending Compliance Act; enact........................292, 339
HB 1192-- Crimes; certain air bag installation; prohibition..................293, 339, 599, 868, 3744
HB 1193-- Spalding County; commissioner districts; reapportion .......293, 339, 395, 398, 1069
HB 1194-- Griffin-Spalding County; commissioner districts; reapportion...........................................................................293, 339, 428, 429, 862
HB 1195-- Locust Grove, City of; amend provisions ...........................293, 339, 395, 398, 2053
HB 1196-- School councils; local boards of education; amend provisions .............................................................................................294, 339
HB 1197-- Quality basic education; midterm adjustments; training and experience ......................................................................................294, 339
HB 1198-- Archeological sites; disturbance; exception to prohibition ............................................................................................294, 339
HB 1199-- Chiropractors; define diagnosis; licensing requirements .....................295, 340
HB 1200-- Charter schools; comprehensive revision of provisions............295, 340, 1986, 2376, 4325, 4560
HB 1201-- Fraud; failure to pay; certain minerals and rock products ................................................................................................295, 340
HB 1202-- Income tax; exempt certain military income................................296, 340, 340
5098
INDEX
HB 1203-- Superior courts; certain military records; exempt from public inspection..........................................................................331, 394, 949, 1154, 2748
HB 1204-- Ad valorem tax exemption; motor vehicles; Medal of Honor recipients ........................................................................332, 394, 1618, 1936
HB 1205-- North Georgia College; award of abandoned military scholarships .........................................................................332, 394, 499, 584, 3222
HB 1206-- Aggravated stalking; violation of good behavior order ............332, 394, 1273, 2070, 4382
HB 1207-- DeKalb County; exercise redevelopment powers; referendum...........................................................................333, 394, 428, 429, 2749
HB 1208-- Certified school social worker specialists; salary; certain leave...............................................................................333, 394, 1180, 2322
HB 1209-- Special county 1% sales tax; nonprofit hospital facilities....................333, 394
HB 1210-- Child abuse; access to records by child-caring and child-placing agencies .........................................................334, 394, 465, 592, 3229, 3433
HB 1211-- Georgia Racial Justice Act; enact; death sentence based on race; prohibit....................................................................................334, 394
HB 1212-- State Road and Tollway Authority; electronic toll collection; transfer identification devices ............................................334, 394
HB 1213-- Elections and primaries; amend provisions.................................334, 394, 950, 1249, 4329, 4452, 4645, 4706, 4849
HB 1214-- Developmental highway system; change description of road corridors .......................................................................................335, 394
HB 1215-- Accountants, public; certification; registration; commission disclosure ..............................................................335, 394, 1432, 2345, 4383
HB 1216-- Georgia Veterans Memorial Cemetery; renaming ...............335, 394, 499, 546
HB 1217-- Ad valorem tax; exemption for surviving spouses of certain military personnel..........................................................336, 394, 1618, 2367, 4383
HB 1218-- Local governments; contracts and bids; publish in Georgia Procurement Registry ...................................................336, 394, 1617
HB 1219-- Medicare supplement insurance; disabled persons under 65 years.................................................................................................336, 394
HB 1220-- Securities; regulate viatical investments ...................................337, 394, 1057, 1215, 2822, 3028
INDEX
5099
HB 1221-- Taxation; certain refunds or past due taxes; interest rate ....337, 394, 394, 500, 555
HB 1222-- Laurens County; commissioner districts; reapportion ........338, 394, 428, 429, 2054, 3689
HB 1223-- Foreign corporations; certificates of authority; registered agents; copies of documents; fees ......................338, 394, 417, 479, 2816
HB 1224-- Child support enforcement; medical support; bank match registry; amend provisions................................................338, 394, 991, 2613, 4323, 4824
HB 1225-- Taxes and license fees; refunds by counties and municipalities; time for filing claim.....................................................384, 427
HB 1226-- Medical examiners; abolish certain offices; coroners; establish certain offices ........................................................................384, 427
HB 1227-- Taxes and license fees; refunds by counties and municipalities; time for filing claim.....................................................384, 427
HB 1228-- Villa Rica, City of; council wards; reapportion ........................385, 427, 1182, 1187, 2054
HB 1229-- Cobb County; education districts; reapportion ....................385, 427, 466, 467
HB 1230-- Education; contracts with principals; date for tendering......................385, 427
HB 1231-- Colleges; certain foreign students; report to Immigration and Naturalization Service ..............................................385, 427
HB 1232-- Fulton County; commissioner districts; reapportion.................386, 427, 2005, 2008
HB 1233-- Cobb County; state court clerk and chief deputy; compensation.......................................................................386, 427, 466, 467, 1069
HB 1234-- Putnam County; education districts; reapportion ................386, 427, 466, 468, 664
HB 1235-- DeKalb County; homestead exemption; delete income limitation...............................................................................................386, 427
HB 1236-- Public officers and employees; certain military duty; additional pay ......................................................................387, 427, 499, 580, 3222
HB 1237-- County boards of health; soil classifier; on-site sewage management systems............................................................387, 427, 658, 916
HB 1238-- Evidence; medical bills pertaining to civil trial; identification.........................................................................387, 427, 558, 908
HB 1239-- Water well contractor or driller; actions affecting floridan aquifer .....................................................................................388, 427
HB 1240-- Ground-water; prohibit injecting any substance into aquifers .................................................................................................388, 427
5100
INDEX
HB 1241-- Putnam County; commissioner districts; reapportion .........388, 427, 466, 468, 664
HB 1242-- Georgia Safe Schools Act; adopt; pest management programs ...............................................................................................389, 427
HB 1243-- Sales tax; exempt certain sales to volunteer fire departments...........................................................................................389, 427
HB 1244-- Ad valorem tax; exempt certain historic property; medical museum........................................................................389, 427, 1919, 2332, 4328
HB 1245-- MARTA; sales tax proceeds; change provisions ......................390, 427, 1273, 1951, 3230, 3434
HB 1246-- Thomas County; commissioner districts; reapportion ........390, 427, 466, 469, 2054
HB 1247-- Ground water; withdrawals from coastal waters; domestic purposes ................................................................................390, 427
HB 1248-- Fulton County; library board; membership..........................................390, 427
HB 1249-- Cobb County; chief magistrate; compensation ...................391, 427, 466, 469, 1294, 1614
HB 1250-- Truth in Spending Act; enact; annual estimate submitted to General Assembly ...........................................................391, 427
HB 1251-- Income tax credit; qualified child care expenses .................................391, 427
HB 1252-- Fitzgerald, City of; certain officials; compensation ............392, 427, 466, 469, 2931
HB 1253-- Uniform Commercial Code; letters of credit; secured transactions ..................................................................................392, 427, 991, 2559, 3744
HB 1254-- Drivers' licenses; Class D eligibility; exempt certain 17year-olds ...............................................................................................421, 465
HB 1255-- Drivers' licenses; Class D permits; change limitations .............421, 465, 2253, 2679
HB 1256-- Notaries public; unauthorized practice of law; prohibitions................................................................................421, 465, 1272, 1602, 4373, 4815
HB 1257-- Escape; redefine; child support or alimony arrearage..................421, 465, 993
HB 1258-- Income tax credits; define rural physician and rural hospital .................................................................................................422, 465
HB 1259-- Atkinson County; education districts; reapportion..............422, 465, 512, 513, 2932
HB 1260-- Income tax credits; low and zero emission vehicles; amend ...................................................................................................422, 465
HB 1261-- License plates; display; change certain provisions .....................423, 465, 599, 1033
INDEX
5101
HB 1262-- Taxable net income; exclude capital gains...........................................423, 465
HB 1263-- Catoosa County; office of commissioner; create; repeal certain Act ...........................................................................423, 465, 512, 513, 2932
HB 1264-- Morgan County; education districts; reapportion................423, 465, 512, 513, 664
HB 1265-- Morgan County; commissioner districts; reapportion.........424, 465, 512, 514, 664
HB 1266-- Schools; extracurricular programs; eligibility of home school students .....................................................................................424, 465
HB 1267-- Fulton County; homestead exemption; certain residents ..........424, 465, 1634, 1636, 2937, 3443
HB 1268-- Manufactured or mobile home parks; severe weather warning devices ....................................................................................425, 465
HB 1269-- Seminole County; magistrate court; law library fee............425, 465, 512, 514, 3222
HB 1270-- Seminole County; commissioner districts; reapportion ......425, 465, 845, 847, 1667
HB 1271-- Seminole County; board of education; reapportion ............425, 465, 845, 851, 1667
HB 1272-- Lilburn, City of; new charter...............................................426, 465, 845, 856, 1769
HB 1273-- Eminent domain or condemnation; public utilities or services; local government approval ....................................................426, 465
HB 1274-- Smyrna, City of; homestead exemption ..............................426, 465, 892, 899, 2932
HB 1275-- Radar; permit for use; prohibitions ......................................................457, 510
HB 1276-- Oglethorpe County; commission districts; reapportion ......457, 510, 539, 540, 2054
HB 1277-- Oglethorpe County; education districts; reapportion ..........457, 510, 539, 542, 2054
HB 1278-- Boards of tax assessors; removal of member; provisions .........457, 510, 1618, 2566, 4383
HB 1279-- Probate court judges; change certain fees; clarify provisions ..................................................................................458, 510, 2005, 2604, 4383
HB 1280-- Teachers and other personnel; certain forfeited leave; restoration ..................................................................................458, 510, 1180, 2336
HB 1281-- Cobb County; state court judges; compensation .................458, 510, 539, 542, 1070
HB 1282-- Ad valorem tax exemption; change income limitation; include disabled ....................................................................................459, 510
5102
INDEX
HB 1283-- Special county 1 percent sales tax; proceeds; certain maintenance................................................................................459, 510, 3689
HB 1284-- Developmental highway system; change description of road corridors ..............................................................................459, 510, 510, 1183, 1725
HB 1285-- State auditor; special audits; authority and powers; confidentiality......................................................................460, 510, 575, 867, 3471
HB 1286-- Taxes and license fees; refunds by counties and municipalities; time for filing claim.....................................................460, 510
HB 1287-- Ad valorem tax; exempt certain commercial fishing vessels...................................................................................461, 510, 511, 600
HB 1288-- Ad valorem tax; exempt certain commercial dockside facilities ...............................................................................461, 510, 511, 600, 967, 4328
HB 1289-- Georgia Aviation Hall of Fame; additional powers of board ............................................................................................462, 510, 994, 1596
HB 1290-- Houston County; board of education; reconstitute..............462, 510, 539, 542, 902
HB 1291-- State Court Judges, Council of; officers and executive committee ..................................................................................462, 510, 1616, 1946, 4384
HB 1292-- Contact lenses; patient choose retailer; prescription provisions .............................................................................................462, 510
HB 1293-- Augusta-Richmond County; mayor's authority; county administrator.........................................................................................463, 510
HB 1294-- Atkinson County; commissioner districts; reapportion.......463, 510, 571, 572, 2932
HB 1295-- Special license plates; National Rifle Association....................503, 537, 2253, 2638, 3744, 4687
HB 1296-- Schools; students serving as poll officials; excused absence .......................................................................................503, 537, 1615
HB 1297-- Grits; designate as state official prepared food ...................503, 537, 537, 949, 2451, 4384
HB 1298-- Driver training schools and instructors; regulate ........................504, 537, 599, 1151
HB 1299-- Assault and battery against public transit and school bus operators; penalties...............................................................................504, 537
HB 1300-- Smyrna, City of; homestead exemption ...............................504, 537, 951, 957
HB 1301-- Savannah, City of and Chatham County; education districts; reapportion..................................................................505, 537, 2005, 2019, 2749
INDEX
5103
HB 1302-- Tattnall County; commissioner districts; reapportion.........505, 537, 892, 894, 1769
HB 1303-- Marine manufacturers; contracts with dealers; termination provisions.........................................................505, 537, 645, 870, 3231, 3307, 3743, 4344
HB 1304-- Homestead exemption; certain residents; delete income qualification..........................................................................................505, 537
HB 1305-- Elections; nomination of candidates by petition; number of signers required ................................................................................506, 537
HB 1306-- Public officers and employees; executive branch; exception to certain prohibition.................................................506, 537, 1271, 2068, 4392
HB 1307-- Chatham County; commissioner districts; reapportion........................506, 537
HB 1308-- Uniform rules of the road; enforcement; traffic law compliance monitoring devices............................................................507, 537
HB 1309-- Sumter County; education districts; reapportion.................507, 537, 571, 573, 2054
HB 1310-- MARTA; security force chief; power to administer certain oath ...................................................................................507, 537, 892
HB 1311-- Income tax; exempt certain educators; low-performing schools ..................................................................................................507, 537
HB 1312-- Sales tax; exempt certain school supplies, clothing, and computer items; limited time...............................................508, 537, 538, 600, 672, 1294
HB 1313-- Income tax; retirement income exclusion; increase amount .................................................................................508, 537, 539, 600, 871, 2932
HB 1314-- Motor vehicle registration; suspension, cancellation, revocation; amend provisions; proof of insurance ......................509, 537, 950, 1221, 4323, 4804
HB 1315-- Special license plates; Future Farmers of America..............................527, 570
HB 1316-- Special license plates; Thanks Mom and Dad Fund ............................528, 570
HB 1317-- Nonambulatory livestock; humane handling and euthanization ........................................................................................528, 570
HB 1318-- Workers' compensation; panel of physicians; employer select for employee...............................................................................528, 570
HB 1319-- Eminent domain; electric transmission line; prohibit; exception...............................................................................................529, 570
HB 1320-- Grounds for continuance; General Assembly members and staff during legislative sessions ............................................529, 570, 991, 1301, 3689, 4384
5104
INDEX
HB 1321-- Ad valorem tax; agricultural or conservation use covenants; homeowner tax relief grants....................................529, 570, 1120, 1239, 4325, 4492
HB 1322-- Taxable net income; certain residents; exclude longterm care insurance...............................................................................530, 570
HB 1323-- Minors; person in loco parentis; revise laws........................................530, 570
HB 1324-- Property insurance; consumer product repair cost; certain exception..........................................................................530, 570, 950, 1164, 3222
HB 1325-- Henry County; state court; technology fee..........................531, 570, 612, 613, 2816
HB 1326-- Henry County; state court; add judge...................................531, 570, 612, 613
HB 1327-- Henry County; commissioner districts; reapportion ...........531, 570, 612, 614, 2054
HB 1328-- Income tax and Higher Education Savings Plan; amend provisions .....................................................................................532, 570, 570
HB 1329-- Bingo games; fee for conducting; participation in operations ..................................................................................532, 570, 1181, 1577
HB 1330-- Corrections Department and Pardons and Paroles Board; communication with elected officials.......................................533, 570
HB 1331-- Alcoholic beverages; Sunday sales; consumption on premises; local authorization................................................................533, 570
HB 1332-- County law libraries; additional libraries for certain court officers.........................................................................................533, 570
HB 1333-- Counties; single commissioner government; salary..................534, 570, 1634, 1636, 3740
HB 1334-- Augusta-Richmond County; amend Act consolidating........................534, 570
HB 1335-- Voter registration; application through Department of Natural Resources; hunting, fishing, trapping licenses .............534, 570, 2215, 2610
HB 1336-- Paulding County; education districts; reapportion ..............561, 612, 951, 958, 2055
HB 1337-- American Indian Concerns, Council on; membership; powers and duties ......................................................................561, 612, 1273, 2501, 4387, 4743
HB 1338-- Forfeiture of property; controlled substances; disposition of proceeds..............................................................561, 612, 1273, 2640, 4387, 4821
HB 1339-- Atlanta, City of; city court; clerks and administrator...........................562, 612
INDEX
5105
HB 1340-- Cobb County; superior court deputy clerk; compensation.......................................................................562, 612, 658, 659, 1070
HB 1341-- Cobb County; certain sheriff's employees; compensation.......................................................................562, 612, 658, 660, 1070
HB 1342-- Postsecondary and adult education; textbooks in alternative formats for disabled students...........................563, 612, 905, 1271, 2340, 4640, 4844
HB 1343-- Georgia Clean Communities Act of 2002; enact ......................563, 612, 1273, 2476, 3742, 4501
HB 1344-- Volunteers in health care specialties, dentistry, and medicine health care; continuation of Acts ...............................563, 612, 1181, 1580, 4327, 4523
HB 1345-- Local retirement systems; investment guidelines; minimum funding standards......................................................564, 612, 1617, 2316
HB 1346-- Retirement system records; certain exemption; pooling of funds provisions ......................................................................564, 612, 892, 1029
HB 1347-- Burke County; commissioner districts; reapportion............564, 612, 658, 660, 2816
HB 1348-- Fulton County; county-wide library system; board of trustees..................................................................................................564, 612
HB 1349-- Walker County; homestead exemption ................................................565, 612
HB 1350-- Community Health, Department of; grants to rural hospitals.....................................................................................565, 612, 1431, 2084, 3229, 3290
HB 1351-- Walker County; homestead exemption ................................................565, 612
HB 1352-- Physician's assistants; supervision by physician; notification...................................................................................566, 612, 991, 1166, 2749
HB 1353-- Uniform rules of the road; radios and mobile phones; drivers' duty ..........................................................................................566, 612
HB 1354-- Industries for the Blind; purchase of products by state employees; exception .................................................................566, 612, 2308
HB 1355-- Certain municipalities or authorities; water pollutants; permits for discharge; requirement.......................................................566, 612
HB 1356-- Tattnall County; education districts; reapportion................567, 612, 951, 953, 1769
HB 1357-- DeKalb County; homestead exemption; delete certain income limitation..................................................................................567, 612
5106
INDEX
HB 1358-- Candler County; education districts; reapportion................567, 612, 658, 660, 2056, 2086
HB 1359-- Lanier County; education districts; reapportion..................568, 612, 658, 661, 1195
HB 1360-- Lanier County; commissioner districts; reapportion...........568, 612, 658, 661, 1195
HB 1361-- Georgia Fair Lending Act; enact ...............................................568, 612, 2343, 2522, 3009, 3009, 3474, 3477, 3690, 4401, 4641
HB 1362-- Peachtree City; new charter.................................................568, 612, 658, 661, 1195
HB 1363-- Dooly County; commissioner districts; reapportion ...........569, 612, 658, 662, 1769
HB 1364-- Children's Internet Protection Act; enact .............................................602, 657
HB 1365-- Obscenity and Pornography Complaints Ombudsman; create.....................................................................................................602, 657
HB 1366-- Obscene material; distribution; increase penalties ...............................602, 657
HB 1367-- Sales tax; exempt sales to certain local government authorities or corporations....................................................................603, 657
HB 1368-- Drivers' licenses; renewal applications by mail or electronic transmission ..............................................................603, 657, 1433, 1971, 2936, 3288
HB 1369-- Insurance; retail vendors of communications equipment; limited license.........................................................603, 657, 1272, 2334, 3231, 3319
HB 1370-- Cobb County; state court assistant solicitors; compensation.......................................................................604, 657, 845, 856, 1070
HB 1371-- Cobb County; probate court judge and clerk; compensation.......................................................................604, 657, 845, 856, 1070
HB 1372-- Developmental Highway System; remove road corridor.....................604, 657
HB 1373-- Taxable net income; 65 years or older; exclude certain income ..................................................................................................605, 657
HB 1374-- Open records exemption; certain information; local government employees.........................................................................605, 657
HB 1375-- Sales tax; dealers' returns; estimated tax liability.................................605, 657
HB 1376-- Dougherty County; commissioner districts; reapportion .....................605, 657
HB 1377-- Environmental Training and Education Authority; membership .................................................................................606, 657, 992, 1297, 4384
INDEX
5107
HB 1378-- Violent Video Game Protection Act; enact..........................................606, 657
HB 1379-- Douglas County; board of education; compensation ..........606, 657, 845, 856, 1293
HB 1380-- Court reporters; insurance premiums; certain indemnity.....................606, 657
HB 1381-- Dougherty County; education districts; reapportion ............................607, 657
HB 1382-- Railroads, counties, municipalities; grade crossings; amend provisions.........................................................................607, 657, 994, 1076, 4387, 4421, 4891
HB 1383-- Twiggs County; homestead exemption; certain residents...608, 657, 845, 857, 1770
HB 1384-- Twiggs County; commissioner districts; reapportion .........608, 657, 845, 857, 4390
HB 1385-- Twiggs County; education districts; reapportion ................608, 657, 845, 857, 4390
HB 1386-- Pierce County; commissioner districts; reapportion .................608, 657, 1008, 1010, 2055
HB 1387-- Pierce County; education districts; reapportion ........................609, 657, 1008, 1016, 2055
HB 1388-- Mitchell County; education districts; reapportion...............609, 657, 845, 858, 1770
HB 1389-- Low-speed vehicles; operation on public streets; income tax credits......................................................................609, 657, 2253, 2486, 4325, 4467, 4644, 4687, 4793, 4849, 4882
HB 1390-- Twiggs County; board of elections and registration; create....................................................................................609, 657, 845, 858, 1770
HB 1391-- Ad valorem tax; exempt certain commercial fishing vessels..................................................................................610, 657, 657, 951, 1153, 4328
HB 1392-- Tattnall County; board of elections and registration...........610, 657, 845, 858, 1770
HB 1393-- OneGeorgia Authority; transfer to Department of Community Affairs......................................................................649, 843, 994, 1163, 2754, 2877
HB 1394-- Wine or fermented beverages; sales by the drink; local excise taxes...........................................................................................649, 843
HB 1395-- DeKalb County; civic center authority; quorum .................649, 843, 892, 893, 1667
HB 1396-- Athens-Clarke County; board of education; reapportion ....649, 843, 892, 899, 1770
5108
INDEX
HB 1397-- Nongame wildlife; exemption from certain prohibition; amend description.................................................................................650, 843
HB 1398-- Motor vehicles; strobe lights; require on garbage trucks ..........650, 843, 1433, 1927
HB 1399-- Sales tax; mobile telecommunications services; provisions .............................................................................................650, 843
HB 1400-- Mental health; patients in certain facilities; transportation.............................................................................651, 843, 1181, 1937, 3760
HB 1401-- Tax sales; redemption of property; price to redeem.............................651, 843
HB 1402-- Special license plates; breast cancer programs for medically indigent .............................................................652, 843, 843, 1433, 1944, 4326
HB 1403-- Dawson County; education districts; reapportion ...............652, 843, 892, 899, 2055
HB 1404-- Dawson County; commissioner districts; reapportion ........652, 843, 892, 899, 2055
HB 1405-- Public officers and employees on military duty; salary and salary differential..................................................................653, 843, 949, 1595, 3231, 3255, 3742, 4344, 4642, 4681, 4731
HB 1406-- Waste management; land disposal sites for septic tank wastes ..........................................................................................653, 843, 992, 1702, 3743, 4499
HB 1407-- State government; administer federal faith-based programs ....................................................................................653, 843, 1058, 1699, 3229, 3259
HB 1408-- Optometrists; scope of practice ............................................................654, 843
HB 1409-- Muscogee County; education districts; reapportion............654, 843, 892, 900, 1438
HB 1410-- Jones County; commissioner districts; reapportion .............828, 887, 951, 958
HB 1411-- Jones County; education districts; reapportion ...................828, 887, 951, 958, 4390
HB 1412-- Postmajority child support; mentally or physically disabled child........................................................................................828, 887
HB 1413-- Bondsmen and personal care home employees; criminal records checks ...........................................................................828, 887, 1181, 1697, 4329, 4547
HB 1414-- Liberty County; commissioner districts; reapportion..........829, 887, 951, 958, 2055
HB 1415-- Liberty County; education districts; reapportion ................829, 887, 951, 959, 2055
INDEX
5109
HB 1416-- Workers' compensation; denial; certain change in condition ...............................................................................................829, 887
HB 1417-- Merit system; redefine department and agency; exclude authorities and public corporations ...........................................829, 887, 2344, 2630
HB 1418-- Sales tax; exempt sales to certain local government authorities ............................................................................830, 887, 887, 995, 1700, 4326
HB 1419-- Employees' Retirement; creditable service application; disability application ..................................................................830, 887, 1617
HB 1420-- Public retirement systems; member's application; statement of benefits.............................................................................831, 887
HB 1421-- Certain counties; superior court clerk; repeal Act providing additional compensation ...........................................831, 887, 1120, 1247, 3223
HB 1422-- Soil and Water Conservation Commission; compensation...............................................................................831, 887, 994, 1300, 3223
HB 1423-- Waste management; brownfields agreements; contaminated property..........................................................................832, 887
HB 1424-- Georgia Public Service Employees' Occupational Safety and Health Act; enact ...........................................................................832, 887
HB 1425-- White County; homestead exemption .................................832, 887, 951, 959, 2749
HB 1426-- Ben Hill County; vehicle registration period ......................832, 887, 951, 959, 2932
HB 1427-- Open records; exempt name and identity of sexual assault victims ......................................................................................833, 887
HB 1428-- Water supply systems employees; criminal records checks and fingerprinting .....................................................................656, 843
HB 1429-- Rabun County; form of government; advisory referendum...........................................................................833, 887, 951, 960, 2056
HB 1430-- Towns County; form of government; advisory referendum...........................................................................833, 887, 951, 960, 2056
HB 1431-- State homestead exemptions; age questionnaire ..................................833, 887
HB 1432-- Utility contractors; license number on bid documents.........................834, 887
HB 1433-- Sunday sales; beer and wine by the drink; certain counties and municipalities; referendum...........................834, 887, 888, 1272, 2064, 3231, 3257, 3741, 3749
5110
INDEX
HB 1434-- Income tax and Higher Education Savings Plan; amend provisions ............................................................................835, 887, 888, 995, 1246, 3223
HB 1435-- Municipal candidates in certain cities; repeal majority vote provisions ..........................................................................835, 887, 2215, 2627
HB 1436-- Certain counties; county treasurer emeritus; population classification ..............................................................................836, 887, 2265, 2266, 2817
HB 1437-- Grand juries; transcription provisions; certain counties, population classification............................................................836, 887, 1272, 1610
HB 1438-- Malt beverage excise taxes; excess proceeds; repeal certain provisions; population classification .............................836, 887, 1272, 2373
HB 1439-- Low-speed vehicles; operation on public streets; income tax credits; low-emission vehicles..........................837, 887, 889, 995, 1142, 3471
HB 1440-- Insurance premium tax credits; certified capital companies; provisions ..................................................................837, 887, 889
HB 1441-- Income tax credits; historic structures; insurance premium tax credits; certified capital companies; sales tax exemption; certain computer equipment .............................838, 887, 1120, 1202, 3231, 3239, 4324, 4486, 4645, 4707, 4753
HB 1442-- Americus, City of; council districts; reapportion ................838, 887, 951, 960, 2056
HB 1443-- Sales tax; mobile telecommunications services; provisions ............................................................................838, 887, 890, 995, 1085, 3462
HB 1444-- Local sales taxes; limitation on levies; exclusions....................839, 887, 1618, 2453, 4388, 4526
HB 1445-- Georgia Technology Authority Overview Committee; create............................................................................................839, 887, 994, 1160, 3812, 4468, 4881
HB 1446-- Sales tax; telephone services; redefine "gross sales" ..........840, 887, 890, 995, 1087, 3462
HB 1447-- Sales tax; certain natural or artificial gas sales exemption; amend ................................................................................840, 887
HB 1448-- No-passing zones; certain exception; HOV lanes ................................875, 948
INDEX
5111
HB 1449-- Ad valorem tax; time for making returns in certain counties; change population brackets........................................876, 948, 1618, 2359, 4384
HB 1450-- Jails; request for custody; transfer of convicted person .......................876, 948
HB 1451-- Extradition; recovery of expenses ........................................................876, 948
HB 1452-- Insurance; personal private motor vehicles; rate filings.......................877, 948
HB 1453-- Canton Building Authority; create ............................................877, 948, 1008, 1021, 2275
HB 1454-- Whitfield County; education districts; reapportion...................877, 948, 1008, 1021, 2275
HB 1455-- Employment security; certain corporations; exclude services by owner .................................................................................877, 948
HB 1456-- Heard County; education districts; reapportion ........................878, 948, 1008, 1022, 2275
HB 1457-- Rifles and shotguns; interstate purchases; amend certain provisions ..................................................................................878, 948, 1432, 1956, 3745
HB 1458-- Catoosa County; probate court clerk; clerical allowance..........878, 948, 1059, 1060, 2275
HB 1459-- Cobb Judicial Circuit; superior court judges; supplement.................................................................................878, 948, 1008, 1022, 2430, 3375
HB 1460-- Special license plates; Thanks Mom and Dad Fund ....................879, 948, 948
HB 1461-- Income tax; qualified research expenses; unused credit ......................879, 948
HB 1462-- Sales tax; biotechnology research, development, or manufacturing; exemption....................................................................879, 948
HB 1463-- Income tax; high technology business investment; credit .....................................................................................................880, 948
HB 1464-- Income tax; technology upgrade expenditures; credit..........................880, 948
HB 1465-- Sales tax; Georgia Society of the Daughters of the American Revolution; exemption ........................................................880, 948
HB 1466-- Income tax; individual's estimated returns; increase threshold ...............................................................................................881, 948
HB 1467-- Sales tax; dealers' estimated liability; increase threshold ....................881, 948
HB 1468-- Lumpkin County; board of education; nonpartisan elections.....................................................................................881, 948, 1008, 1009, 2275
HB 1469-- Lumpkin County; homestead exemption; certain residents.....................................................................................881, 948, 1008, 1022, 2933
5112
INDEX
HB 1470-- Lumpkin County; homestead exemption; certain residents.....................................................................................882, 948, 1008, 1022, 2933
HB 1471-- Lumpkin County; probate court judge; nonpartisan election ......................................................................................882, 948, 1008, 1009, 4390
HB 1472-- Lumpkin County; chief magistrate; nonpartisan election .........882, 948, 1008, 1010, 3448
HB 1473-- Wilkinson County Water and Sewer Authority; name change........................................................................................882, 948, 1008, 1023, 4390
HB 1474-- Harris County; education districts; reapportion ........................883, 948, 1008, 1023, 2933
HB 1475-- Greene County; homestead exemption; certain residents .........883, 948, 1008, 1023
HB 1476-- Spalding County; state court; terms ..........................................883, 948, 1008, 1024, 3451
HB 1477-- Teachers; national certification program; amend.................................883, 948
HB 1478-- Jonesboro, City of; homestead exemption; certain residents.....................................................................................884, 948, 1008, 1024, 3686
HB 1479-- Hotels, motels, boarding houses, or inns; basic security features; requirement ............................................................................884, 948
HB 1480-- Douglas County; education districts; reapportion.....................884, 948, 1008, 1024, 2431, 3478
HB 1481-- Abandonment of dead bodies; crematory regulation; patient access to health care records............................................884, 948, 992, 1103, 3760, 4468, 4644, 4729, 4850, 4852, 4883
HB 1482-- Regional economic assistance project; application criteria........................................................................................885, 948, 1168, 1960, 3461, 3657
HB 1483-- Excellence in Academic Achievement Act: Straight A's; enact ..............................................................................................885, 948
HB 1484-- Ware County; commissioner districts; reapportion.................939, 1006, 1059, 1062, 2275
HB 1485-- Barrow County; homestead exemption ...................................939, 1006, 1634, 1636, 2427
HB 1486-- Indemnification; certain survivors; lump sum payment and insurance coverage ......................................................................939, 1006
INDEX
5113
HB 1487-- County boards of health; exofficio members; revise population figures....................................................................939, 1006, 1182, 1187
HB 1488-- Douglas County; commissioner districts; reapportion ............940, 1006, 1059, 1063, 2749
HB 1489-- Laws and provisions; classification by population; revise........................................................................................940, 1006, 1617, 1933, 3740, 4516
HB 1490-- Coroners; certain counties; additional compensation..............940, 1006, 1168, 1612
HB 1491-- Motor vehicle liability insurance; time-based or milebased premiums ..................................................................................941, 1006
HB 1492-- Insurance; diabetes coverage; amend provisions ....................941, 1006, 2253, 2591, 4329
HB 1493-- Education; contracts and purchases; rules and regulations ...............................................................................941, 1006, 1615, 2669
HB 1494-- State employees' health insurance; agricultural commodity commission employees ........................................941, 1006, 1273, 1586, 4389, 4789
HB 1495-- Bulloch County; education districts; reapportion....................942, 1006, 1059, 1063, 1770
HB 1496-- State employees; unused sick leave; transfer to another employee.............................................................................................942, 1007
HB 1497-- Tybee Island, City of; homestead exemption; certain residents...................................................................................942, 1007, 1059, 1063, 2933
HB 1498-- Fair Farming Act; enact......................................................................943, 1007
HB 1499-- Glynn County; board of education; nonbinding referendum...............................................................................943, 1007, 1059, 1063, 2276
HB 1500-- Stalking victim; notification; dispositive or sentencing hearing ................................................................................................943, 1007
HB 1501-- Special license plates; motorcycle plates for veterans .............944, 1007, 2253
HB 1502-- Motor Vehicle Safety Department; law enforcement personnel; use of motor vehicles ........................................................944, 1007
HB 1503-- Wilkinson County; commissioner districts; reapportion.........944, 1006, 1059, 1064, 1771
HB 1504-- Wilkinson County; education districts; reapportion................944, 1006, 1059, 1064, 1771
HB 1505-- Fines and forfeitures; surplus funds; indigent defense............945, 1006, 2406, 2651
5114
INDEX
HB 1506-- Driving under the influence; certain administrative proceedings; amend provisions ..........................................................945, 1006
HB 1507-- Jasper County; education districts; reapportion ......................945, 1006, 1059, 1064, 2276
HB 1508-- Jasper County; commissioner districts; reapportion ...............945, 1006, 1059, 1064, 2276
HB 1509-- Monroe County; homestead exemptions; certain residents...................................................................................946, 1006, 1059, 1065, 2276
HB 1510-- Monroe County; commissioner districts; reapportion.............946, 1006, 1192, 1236, 2278, 4629, 4892
HB 1511-- County and state ordinances; violation; increased jail punishment ...............................................................................946, 1006, 1273
HB 1512-- County Building Authorities Act; enact; certain counties....................................................................................999, 1056, 2375, 2664
HB 1513-- Baby's Right to Know Act; enact; require mother give name of father.....................................................................................999, 1056
HB 1514-- Blanket bonds; two or more political subdivisions; interlocal risk management agency .........................................999, 1056, 1986, 2372, 4388, 4818
HB 1515-- Sales tax exemption; certain fuels for horticultural purposes...................................................................................999, 1056, 1056, 1634, 2564
HB 1516-- Twiggs County; probate court judge; salary .........................1000, 1056, 1134, 1135, 1771
HB 1517-- Washington County; commissioner districts; reapportion.............................................................................1000, 1056, 1134, 1136, 2276
HB 1518-- Washington County; education districts; reapportion...........1000, 1056, 1134, 1136, 2276
HB 1519-- Hotel-motel tax; levy provisions; occupation taxes; excessive regulatory fees.......................................................1001, 1056, 1274, 1726, 4372, 4473, 4892
HB 1520-- Berrien County; education districts; reapportion ..................1001, 1056, 1134, 1137, 2277
HB 1521-- Sales tax exemption; Georgia State Society of the Daughters of the American Revolution.................................1001, 1056, 1056, 1120, 1244, 4385
HB 1522-- HOPE scholarships; eligibility; certain private school graduates...........................................................................................1002, 1056
INDEX
5115
HB 1523-- State Public Transportation Fund; sales tax on motor fuels; amend provisions.........................................................1002, 1056, 1918, 2777, 2824
HB 1524-- Burke County; education districts; reapportion ....................1002, 1056, 1134, 1137, 2817
HB 1525-- Local bills; enactment requirements; effective dates ............1003, 1056, 1273, 1723, 3745
HB 1526-- Congressional districts; composition provisions...................1003, 1056, 2264, 2645
HB 1527-- Screven County; commissioner districts; reapportion ..........1003, 1056, 1134, 1137, 1771
HB 1528-- Sales tax exemption; children's clothing; infant care items .................................................................................................1004, 1056
HB 1529-- Revocation of minor's driver's license; withdrawal of parental consent ......................................................................1004, 1056, 2253
HB 1530-- Correctional institutions; voluntary inmate labor; private employers ...................................................................1004, 1056, 2254
HB 1531-- House districts; composition provisions ..........................................1004, 1056
HB 1532-- Camden County; commissioners and officers; amend provisions ..............................................................................1005, 1056, 1134, 1138, 2277
HB 1533-- Food service establishments; refusal to serve certain customers in smoking section...........................................................1005, 1056
HB 1534-- Putnam County; education districts; reapportion ..................1005, 1056, 1182, 1187, 2277
HB 1535-- Griffin-Spalding County; education districts; reapportion.............................................................................1005, 1056, 1159, 1159, 1294
HB 1536-- Colquitt County; education districts; reapportion ............................1044, 1132
HB 1537-- Counties; certain areas; prohibit charges for water and sewer.................................................................................................1044, 1132
HB 1538-- Southwest Georgia Railroad Excursion Authority; assign to Department of Natural Resources ..........................1044, 1132, 1181, 1606, 2933
HB 1539-- Morganton, City of; city council; amend provisions........................1045, 1132
HB 1540-- Public schools; display of historical documents; private funding..............................................................................................1045, 1133
HB 1541-- Cobb County-Marietta Water Authority; repeal certain provisions ..............................................................................1045, 1133, 1182, 1188, 4879
HB 1542-- West Georgia Regional Water Authority; remove Douglas County as member ..................................................1045, 1133, 1590, 1934, 3448
5116
INDEX
HB 1543-- Bartow County; education districts; reapportion ..................1046, 1133, 1182, 1188, 2427
HB 1544-- Walton County; homestead exemption .................................1046, 1133, 2005, 2019, 2817
HB 1545-- Colquitt County; commissioner districts; reapportion .....................1046, 1133
HB 1546-- Harris County; board of elections and registration; create......................................................................................1047, 1133, 1182, 1188, 2277
HB 1547-- Magistrates; minimum salary ................................................1047, 1133, 1918, 2370, 3472
HB 1548-- Counties; disputed boundary lines ........................................1047, 1133, 1616, 1930, 2933
HB 1549-- Mitchell County; commissioner districts; reapportion..........1047, 1133, 1182, 1188, 1771
HB 1550-- Catoosa County; tax commissioner; increase clerical allowance...............................................................................1048, 1133, 1182, 1184, 2277
HB 1551-- Madison County; commissioner districts; reapportion .........1048, 1133, 1182, 1189, 2277
HB 1552-- Colbert, City of; homestead exemption.................................1048, 1133, 1182, 1189, 2934
HB 1553-- Madison County; education districts; reapportion ................1048, 1133, 1182, 1189, 2934
HB 1554-- Elections; political party primaries; procedures...............................1049, 1133
HB 1555-- Dooly County; education districts; reapportion ....................1049, 1133, 1182, 1189, 2277
HB 1556-- Bondsmen; criminal background check ................................1049, 1133, 2005, 2474
HB 1557-- Colleges; secondary enrollment for credit; grant account; amend......................................................................1050, 1133, 1271, 1588, 4385
HB 1558-- Sales tax exemption; local development authority projects for expansion of business..........................................1050, 1133, 1133
HB 1559-- Homestead exemption; certain counties; time for making application ................................................................1050, 1133, 1618, 2360, 4385
HB 1560-- Budget Act; amend provisions .........................................................1051, 1133
HB 1561-- Warehouse Act; bond; coverage.............................................1051, 1132, 1614
HB 1562-- Abandoned motor vehicles; removal and disposition ...........1051, 1132, 2253, 2682, 3232, 3260
HB 1563-- Education; curriculum; scientific theories........................................1052, 1132
INDEX
5117
HB 1564-- Hotel-motel tax; failure to pay; criminal penalties................1052, 1132, 1285, 1925, 4326
HB 1565-- Income tax credit; rural physician and rural hospital; redefine ..................................................................................1052, 1133, 1134, 1274, 1584, 3760
HB 1566-- Screven County; education districts; reapportion .................1053, 1133, 1182, 1190, 1771
HB 1567-- Schools; minimum age for enrollment; delete exception.................1053, 1133
HB 1568-- Natural Gas Consumers' Relief Act; enact............................1053, 1133, 1432, 2216, 3472, 3696, 3813, 4316, 4372, 4646, 4753
HB 1569-- Ben Hill County; commissioner districts; reapportion..........1053, 1133, 1634, 1637, 2934
HB 1570-- Ben Hill County; education districts; reapportion.................1054, 1133, 1634, 1640, 2934
HB 1571-- Notaries public; personal knowledge of person signing ..................1054, 1133
HB 1572-- Vehicles and loads; excess weight and dimensions; permits ....................................................................................1054, 1133, 2254
HB 1573-- Lavonia, City of; new charter................................................1122, 1179, 1285, 1287, 2431, 3346
HB 1574-- Berlin, City of; new charter...................................................1122, 1179, 1285, 1287, 2428
HB 1575-- Civil actions in state courts; monetary limit; jury of 12........1122, 1179, 1616, 1967
HB 1576-- Outdoor advertising; nudity or sexual conduct; prohibit .................1122, 1179
HB 1577-- Franklin County; probate court judge; salary........................1123, 1179, 2005, 2019, 2749
HB 1578-- Franklin County; superior court clerk; salary........................1123, 1179, 2005, 2021, 2750
HB 1579-- Franklin County; tax commissioner; salary...........................1123, 1179, 2005, 2023, 2750
HB 1580-- Subsequent Injury Trust Fund; reimbursements; dissolution ........................................................................................1123, 1179
HB 1581-- Judgments; binding effect; change provisions .................................1124, 1179
HB 1582-- Superior court clerks; recording liens, deeds, and other documents; revise provisions ................................................1124, 1179, 1415, 1973, 4373, 4545
HB 1583-- Henry County; state court; add judge....................................1125, 1179, 1285, 1287, 2817
5118
INDEX
HB 1584-- General Assembly; death of former member; survivors' health insurance .....................................................................1125, 1179, 2004, 2601
HB 1585-- Cruelty to elderly person; additional acts of harm; exception................................................................................1125, 1179, 2005, 2632, 3473, 3693
HB 1586-- Etowah Water and Sewer Authority; revenue bonds; amend provisions...................................................................1125, 1179, 1285, 1287, 2696, 2697, 3223
HB 1587-- Transportation funds; allocation; certain waivers .................1126, 1179, 1617, 2371, 4323
HB 1588-- Education; mentoring program for certain teachers.........................1126, 1179
HB 1589-- Uniform rules of the road; mobile phones; prohibition; exception...........................................................................................1126, 1179
HB 1590-- Individuals with Disabilities Education Act; eligibility of home school children ........................................................1127, 1180, 1986, 2600, 4328
HB 1591-- Wilkinson County; homestead exemption; certain residents.................................................................................1127, 1180, 1285, 1288, 2428
HB 1592-- Professional athletes; regulation by Athletic and Entertainment Commission ..............................................................1127, 1180
HB 1593-- Jefferson, City of; education districts; reapportion ...............1128, 1180, 1285, 1288, 2428
HB 1594-- Jefferson, City of; council districts; reapportion...................1128, 1180, 1285, 1288, 2428
HB 1595-- Volunteers in health care specialties; physicians; retired physicians ...............................................................................1128, 1179, 1431
HB 1596-- Fulton County; education districts; reapportion...............................1128, 1179
HB 1597-- Fulton County; education districts; reapportion...............................1129, 1179
HB 1598-- Cobb County; state court clerk and chief deputy; compensation.........................................................................1129, 1179, 1285, 1288, 2428
HB 1599-- Bacterial meningitis; Department of Human Resources provide information to schools.........................................................1129, 1179
HB 1600-- Motor vehicles; instruction permits; display of certain decals ................................................................................................1130, 1179
HB 1601-- Colquitt County; education districts; reapportion .................1130, 1179, 1285, 1289, 2428
HB 1602-- Colquitt County; commissioner districts; reapportion ..........1130, 1179, 1285, 1289, 2429
INDEX
5119
HB 1603-- Property tax exemption; private land dedicated for public road ..............................................................................1130, 1179, 1919
HB 1604-- Tifton Judicial Circuit; change terms of court ......................1131, 1179, 1616, 1958
HB 1605-- Haralson County; education districts; reapportion................1131, 1179, 1285, 1289, 2429
HB 1606-- Tax stamps on cigarettes; additional requirements ..........................1131, 1179
HB 1607-- State employees' health insurance; denied claims; reviews..............................................................................................1173, 1284
HB 1608-- Kennesaw, City of; corporate limits......................................1174, 1284, 1434, 1435, 2429
HB 1609-- Cobb County; tax commissioner and chief clerk; salary.......1174, 1284, 1434, 1435, 3451
HB 1610-- Speeding fines; reports by courts; uniform traffic citation ..............................................................................................1174, 1284
HB 1611-- City of Albany and Albany State University Stadium Authority; create....................................................................1175, 1284, 1434, 1437
HB 1612-- Cherokee Judicial Circuit; judges and district attorney; supplement.............................................................................1175, 1284, 1434, 1436, 2429
HB 1613-- Off-road vehicles; operation on unpaved highways; provisions ..............................................................................1175, 1284, 1433, 2652
HB 1614-- Special license plates; veterans' tags; certain businesses .................1175, 1284
HB 1615-- Fannin County; board of education; compensation...............1176, 1284, 1434, 1436, 2429
HB 1616-- Surface mining and borrow pits; redefine .............................1176, 1284, 1284, 1987, 2452
HB 1617-- National motto; display in government buildings and public schools .........................................................................1158, 1179, 1986
HB 1618-- Terrell County; commissioner districts; reapportion ............1177, 1284, 1434, 1437, 2429
HB 1619-- Notaries public; personal knowledge of signer; prohibit certain fees........................................................................................1177, 1284
HB 1620-- Department of Defense and Georgia Military College; contract provisions ...........................................................................1177, 1284
HB 1621-- Tax stamps on cigarettes; additional requirements ................1177, 1284, 1284
HB 1622-- Dentistry; practicing without license; penalty.......................1277, 1430, 1431, 1965, 3224
HB 1623-- Coweta County; education districts; reapportion ..................1277, 1430, 1634, 1647, 2430
5120
INDEX
HB 1624-- Marriage irretrievably broken; time limit for granting divorce ..............................................................................................1277, 1430
HB 1625-- Clayton County; board of commissioners; reapportion ........1277, 1430, 1754, 1756, 2432
HB 1626-- Talbot County; board of commissioners; vacancies .............1278, 1430, 1634, 1647, 2430
HB 1627-- Minorities; include females in definition .........................................1278, 1430
HB 1628-- County commissioners; 8 years' service and certain certification; compensation ....................................................1278, 1430, 2264
HB 1629-- Henry County; sheriff's office; vacancies; deputies..............1278, 1430, 1634, 1648, 3451
HB 1630-- Minority business enterprise; participation report; Department of Administrative Services issue annually ...................1279, 1430
HB 1631-- Centerville, City of; corporate limits.....................................1279, 1430, 1634, 1648, 2430
HB 1632-- Morganton, City of; city council; amend provisions.............1279, 1430, 1634, 1648, 2934
HB 1633-- Firearms; license to carry; prohibition; certain conviction ...............................................................................1280, 1430, 1430
HB 1634-- Cremation; authorization provisions; immunity ....................1280, 1430, 2004
HB 1635-- Decatur County; commissioner districts; reapportion...........1281, 1430, 1634, 1648, 2430
HB 1636-- DeKalb County; homestead exemption; certain residents.................................................................................1281, 1430, 1634, 1655, 3740, 4366
HB 1637-- Animals; certain facilities; local zoning and animal control regulations ............................................................................1281, 1430
HB 1638-- Cobb County; board of commissioners; compensation.........1281, 1430, 1634, 1655, 2430
HB 1639-- Chamblee, City of; council districts; reapportion .................1282, 1430, 1634, 1655, 3448
HB 1640-- DeKalb County; homestead exemption; certain citizens ......1282, 1430, 1634, 1656
HB 1641-- DeKalb County; homestead exemption; certain citizens ......1282, 1430, 1634, 1656
HB 1642-- Artifacts in certain riverbeds; not subject to certain laws ................1420, 1633
HB 1643-- Taxicabs; regulation by Department of Motor Vehicle Safety................................................................................................1420, 1633
HB 1644-- DeKalb County; recorder's court; imposition of punishments...........................................................................1420, 1633, 1754, 1762, 2750
HB 1645-- Assistance dogs; interfering with, assaulting, injuring; penalties............................................................................................1421, 1633
INDEX
5121
HB 1646-- Coweta County; homestead exemption; increase amount ...................................................................................1421, 1633, 1754, 1762, 2432
HB 1647-- Alimony and child support; financial condition of parties; judgments.............................................................................1421, 1633
HB 1648-- Wheeler County; board of education; compensation ............1422, 1633, 1754, 1763, 2432
HB 1649-- DeKalb County; state court; fees ..........................................1422, 1633, 1754, 1763, 2750
HB 1650-- Lake City, City of; corporate limits ......................................1422, 1633, 1754, 1763, 2432
HB 1651-- Douglasville-Douglas County Water and Sewer Authority; amend provisions .................................................1422, 1633, 1754, 1763
HB 1652-- Erosion and sedimentation; soil analysis; compost and mulch ......................................................................................1423, 1633, 1987
HB 1653-- Randolph County; commissioner districts; reapportion........1283, 1430, 1634, 1656, 2433
HB 1654-- Randolph County; education districts; reapportion...............1283, 1430, 1634, 1657, 2433
HB 1655-- Coweta County; commissioner districts; reapportion ...........1423, 1633, 1754, 1764, 2433
HB 1656-- Unfair trade practice; credit counseling; failure to disclose information ..............................................................1423, 1633, 2005, 2472
HB 1657-- Contracts; jurisdiction outside of state; option to accept or reject..................................................................................1423, 1633, 2005, 2629
HB 1658-- Polk County; commissioner districts; reapportion ................1424, 1633, 1754, 1764, 2433
HB 1659-- Guaranteed Energy Cost Savings Act; enact....................................1424, 1633
HB 1660-- Wilcox County; vehicle registration period ..........................1424, 1633, 1754, 1764, 2433
HB 1661-- Wilcox County; commissioner districts; reapportion............1424, 1633, 1754, 1765, 2433
HB 1662-- Chattooga County; education districts; reapportion..............1425, 1633, 1754, 1765, 2433
HB 1663-- Columbus county-wide government; council districts; reapportion.............................................................................1425, 1633, 2731, 2732, 3688, 3761
HB 1664-- Auctioneers, licensed; no additional license required......................1425, 1633
HB 1665-- Boards of education; certain member prohibition; exception...........................................................................................1425, 1633
5122
INDEX
HB 1666-- Grady County; board of education; filling vacancies............1426, 1633, 1754, 1765, 2434
HB 1667-- Senatorial districts; reapportion.............................................1426, 1633, 1731, 2065, 3688, 3824
HB 1668-- Garden City, City of; mayor and council; terms; elections.................................................................................1426, 1633, 3465, 3467, 4879
HB 1669-- Local governments; state grants to subrecipients; certification............................................................................1426, 1633, 2214, 2635, 4371, 4486, 4752, 4847
HB 1670-- Augusta-Richmond County; mayor and mayor pro tem; amend provisions..............................................................................1621, 1752
HB 1671-- Forsyth County; education districts; reapportion ..................1622, 1752, 2005, 2024, 2750
HB 1672-- Forsyth County; state court; add judge .................................1622, 1752, 2005, 2024, 2817
HB 1673-- Zoning; land use around airports; requirements...............................1622, 1752
HB 1674-- Aborted fetuses; unlawful disposal; additional penalties.......1623, 1752, 1753
HB 1675-- Whitfield County; commissioner districts; reapportion ........1623, 1752, 2006, 2025, 2750
HB 1676-- Coffee County; board of education; compensation...............1623, 1752, 2006, 2025, 3224
HB 1677-- Health maintenance organizations; point-of-service options; include behavioral health services......................................1624, 1752
HB 1678-- Financial institutions; certain records; search warrant; disclosure..........................................................................................1624, 1752
HB 1679-- Baldwin, City of; homestead exemptions; certain residents.................................................................................1624, 1752, 2006, 2025, 2750
HB 1680-- Johnson County; education districts; nonpartisan elections.................................................................................1625, 1752, 2006, 2007, 2751
HB 1681-- Emanuel County; commissioner districts; reapportion .........1625, 1752, 2006, 2026, 2751
HB 1682-- Wilcox County; education districts; reapportion ..................1625, 1752, 2006, 2026, 2751
HB 1683-- Peach County; commissioner districts; reapportion..............1625, 1752, 2006, 2026, 2751
HB 1684-- Peach County; education districts; reapportion.....................1626, 1752, 2006, 2026, 2751
HB 1685-- Crawford County; education districts; reapportion...............1626, 1752, 2006, 2027, 2751
INDEX
5123
HB 1686-- Early County; commissioner districts; reapportion ..............1626, 1752, 2006, 2027, 2752
HB 1687-- Early County; education districts; reapportion......................1626, 1752, 2006, 2027, 2752
HB 1688-- Richmond County; education districts; reapportion..............1627, 1752, 2006, 2027, 2752
HB 1689-- Augusta-Richmond County; commissioner districts; reapportion.............................................................................1627, 1752, 2005, 2028, 2752
HB 1690-- Moultrie, City of; corporate limits ........................................1627, 1752, 2005, 2028, 3450, 3453
HB 1691-- Jenkins County; education districts; reapportion ..................1627, 1752, 2005, 2028, 2752
HB 1692-- Jenkins County; commissioner districts; reapportion ...........1628, 1752, 2005, 2029, 2752
HB 1693-- Motor vehicle liability insurance; losses; include towing and storage costs....................................................................1628, 1752, 2253, 2448
HB 1694-- Houston County; education districts; reapportion.................1628, 1752, 2005, 2029, 2753
HB 1695-- Off-road vehicles; insurance, registration, titling, operation ...........................................................................................1628, 1752
HB 1696-- Forsyth County; commissioner districts; reapportion ...........1629, 1752, 2005, 2029, 2753
HB 1697-- Tift County; commissioner districts; reapportion .................1629, 1752, 2005, 2029, 2753
HB 1698-- Bibb County; education districts; reapportion ......................1429, 1633, 1754, 1765, 2434
HB 1699-- Boats taking shrimp; certain limitation; not applicable to certain vessels....................................................................1430, 1633, 1971, 2364, 3745, 4371
HB 1700-- Newton County; education districts; reapportion..................1629, 1752, 2899, 2901
HB 1701-- Eastman, City of; new charter ...............................................1630, 1752, 2005, 2030, 3224
HB 1702-- Certain alcoholic beverage facilities; parking lots; prohibitions.............................................................................1630, 1752, 1753
HB 1703-- Newton County; commissioner districts; reapportion...........1630, 1752, 2899, 2901
HB 1704-- Former state employees; return to service; restoration of forfeited sick leave ...........................................................................1631, 1752
HB 1705-- Warren County; education districts; reapportion ..................1631, 1752, 2006, 2030, 2753
5124
INDEX
HB 1706-- Retail package store; location; waive certain restriction..................1631, 1752
HB 1707-- Fulton County; tax commissioner; election ..........................1632, 1752, 2696, 2699, 3224
HB 1708-- Development authorities; amend appointment powers ....................1745, 2000
HB 1709-- Bills requiring expenditure of state funds; certain statement...........................................................................................1745, 2000
HB 1710-- Peace officer; redefine; include certain county jail officers..............................................................................................1745, 2000
HB 1711-- Bowman, City of; new charter ..............................................1745, 2000, 2265, 2267, 2817
HB 1712-- McDuffie County; education districts; reapportion ..............1746, 2000, 2265, 2267, 2818
HB 1713-- McDuffie County; commissioner districts; reapportion........1746, 2000, 2265, 2267, 2818
HB 1714-- Thomson, City of; council districts; reapportion ..................1746, 2000, 2265, 2268, 2818
HB 1715-- Dentists; mercury amalgam fillings; prohibitions............................1746, 2000
HB 1716-- Bloomingdale, City of; corporate limits................................1747, 2000, 2265, 2268
HB 1717-- Developmental highway system; replace road corridor.........1747, 2000, 2000
HB 1718-- Safe Place for Newborns Act of 2002; enact .........................1747, 2000, 2000
HB 1719-- Clarke County; homestead exemption; certain residents ......1748, 2000, 2265, 2268, 2818
HB 1720-- First offender disposition records; amend provisions ......................1748, 2000
HB 1721-- Haralson County Water Authority; purchasing and selling provisions...................................................................1748, 2000, 2265, 2268, 2818
HB 1722-- Nicholson, City of; powers; governing authority..................1749, 2000, 2265, 2269, 3448
HB 1723-- Commerce, City of; board of education; compensation........1749, 2000, 2265, 2269, 2818
HB 1724-- Retail package store; location restriction; certain waiver .....1749, 2000, 2001, 2344
HB 1725-- Employment security; tax surcharge; weekly benefit ............1750, 2000, 2001
HB 1726-- Criminal procedure; graffiti; local government compensation programs....................................................................1750, 2000
HB 1727-- Comer, City of; new charter ..................................................1990, 2263, 2407, 2409, 2819
HB 1728-- House districts; reapportion..............................................................1990, 2263
HB 1729-- Hall County; commissioner districts; reapportion ................1990, 2263, 2407, 2409, 2819
INDEX
5125
HB 1730-- Hall County; education districts; reapportion .......................1990, 2263, 2407, 2410, 2819
HB 1731-- Chatham County and City of Savannah; homestead exemption; certain residents..................................................1990, 2263, 2407, 2410, 2819
HB 1732-- Decatur County; education districts; reapportion..................1991, 2263, 2407, 2410, 2819
HB 1733-- Harris County; sheriff's office; filling vacancies...................1991, 2263, 2407, 2411, 2934
HB 1734-- Decatur County; state court judge and solicitor; compensation.........................................................................1991, 2263, 2407, 2411, 2819
HB 1735-- Columbia County; homestead exemption; certain residents.................................................................................1991, 2263, 2407, 2411, 2819
HB 1736-- Cobb County; juvenile court judges; compensation .............1992, 2263, 2407, 2411
HB 1737-- Macon County; education districts; reapportion ...................1992, 2263, 2407, 2412, 2820
HB 1738-- Macon County; commissioner districts; reapportion ............1992, 2263, 2407, 2412, 2820
HB 1739-- Drivers' licenses; mail or electronic renewal....................................1992, 2263
HB 1740-- Motor vehicles; registration and taxation; amend provisions .........................................................................................1993, 2263
HB 1741-- Gainesville, City of; school board; compensation ...........................1993, 2263
HB 1742-- Engineers and land surveyors; substantial revision of provisions .........................................................................................1993, 2263
HB 1743-- Classic Center Authority for Clarke County; additional purposes.................................................................................1994, 2263, 2407, 2412, 2820
HB 1744-- Sales tax exemption; certain food and beverage sales; amend provisions..............................................................................1994, 2263
HB 1745-- Ellaville, City of; new charter ...............................................1994, 2263, 2407, 2412, 2820
HB 1746-- Calhoun County; commissioner districts; reapportion..........1995, 2263, 2407, 2413, 2820
HB 1747-- Schley County; commissioner districts; reapportion ............1995, 2263, 2407, 2416, 2820
HB 1748-- Schley County; board of education; compensation...............1995, 2263, 2407, 2416, 2821
HB 1749-- Berrien County; commissioner districts; reapportion ...........1995, 2263, 2407, 2417, 2821
5126
INDEX
HB 1750-- Schley County; education districts; reapportion ...................1996, 2263, 2407, 2417, 2821
HB 1751-- Workers' compensation; certain advance authorization; provisions .........................................................................................1996, 2263
HB 1752-- Webster County; education districts; reapportion.................1996, 2263, 2407, 2417, 2821
HB 1753-- Kennesaw, City of; redevelopment powers; referendum......1996, 2263, 2407, 2417, 2821
HB 1754-- Marion County; education districts; reapportion ..................1997, 2263, 2407, 2418, 2935
HB 1755-- Social Circle, City of; homestead exemption; certain residents.................................................................................1997, 2263, 2407, 2418, 2821
HB 1756-- Webster County; commissioner districts; reapportion ..........1997, 2263, 2407, 2418, 2822
HB 1757-- Walton County; homestead exemption; certain residents .....1997, 2263, 2407, 2419, 2822
HB 1758-- Smyrna, City of; redevelopment powers; referendum ..........1998, 2263, 2407, 2419,3224
HB 1759-- Fort Oglethorpe, City of; homestead exemption; certain residents.................................................................................1998, 2263, 2407, 2419, 2822
HB 1760-- Fort Oglethorpe, City of; city manager; mayor's powers......1998, 2263, 2899, 2901, 4880
HB 1761-- Lincoln County; commissioner districts; reapportion...........2257, 2403, 2696, 2699, 3224
HB 1762-- Sinclair Water Authority; governing board; meeting notices....................................................................................2257, 2403, 2696, 2699, 3225
HB 1763-- Marietta, City of; redevelopment powers; referendum .........2257, 2403, 2696, 2700, 3225
HB 1764-- Lincoln County; education districts; reapportion..................2257, 2403, 2696, 2700, 3225
HB 1765-- Tift County; education districts; reapportion ........................2258, 2403, 2696, 2700, 3225
HB 1766-- Pike County; commissioner districts; reapportion ................2258, 2403, 2696, 2701, 3225
HB 1767-- Upson County; commissioner districts; reapportion.............2258, 2403, 2696, 2701, 3225
HB 1768-- Dentistry, Georgia Board of; membership .......................................2258, 2403
HB 1769-- Chehaw Park Authority; comprehensive revision of Act creating ..................................................................................2085, 2263, 2899, 2909, 3686
INDEX
5127
HB 1770-- Elections; on-site absentee voting period; provisions ......................2259, 2403
HB 1771-- Waynesboro, City of; mayor and council; vacancies............2259, 2404, 2696, 2701, 3226
HB 1772-- Macon Water Authority; electoral districts; reapportion ......2085, 2263, 2407, 2420, 3688, 4351, 4393, 4507, 4880
HB 1773-- Bibb County; commissioner districts; reapportion................2085, 2263, 2407, 2420, 3688, 4359, 4393, 4507, 4881
HB 1774-- Foreclosure; petition for writ of possession; filing affidavit ............................................................................................2259, 2404
HB 1775-- Walker County; commissioner; compensation .....................2259, 2404, 2696, 2701, 3226
HB 1776-- Catoosa County; commissioner districts; reapportion ..........2260, 2404, 2696, 2703, 3226
HB 1777-- Lee County; board of commissioners; compensation ...........2260, 2404, 2696, 2703, 3226
HB 1778-- Lee County; probate court judge; misdemeanor cases..........2260, 2404, 2696, 2703, 3226
HB 1779-- Porterdale, City of; new charter ............................................2260, 2404, 2696, 2703, 3226
HB 1780-- Emanuel County; education districts; reapportion ................2261, 2404, 2696, 2704, 3226
HB 1781-- Monroe County; education districts; reapportion..................2261, 2404, 2696, 2704, 3227
HB 1782-- Alpharetta, City of; homestead exemption; increase ............2261, 2404, 2696, 2704, 2935
HB 1783-- Lake Sidney Lanier Watershed Governance Council; membership ...........................................................................2261, 2404, 2406, 2508, 2731, 2741, 3448
HB 1784-- Rome, City of; homestead exemption .................................. 2262, 2404, 2787, 2788, 3449
HB 1785-- Floyd County; homestead exemption................................... 2262, 2404, 2787, 2791, 3449
HB 1786-- Criminal history records; disclosure to consumer reporting agencies.............................................................................2399, 2694
HB 1787-- Acworth, City of; redevelopment powers; referendum.........2399, 2694, 2731, 2741, 3227
HB 1788-- Bibb County; board of public education; repeal certain Act .........................................................................................2308, 2404, 2696, 2704, 3227
5128
INDEX
HB 1789-- Jones County; homestead exemption ....................................2399, 2694, 2731, 2742, 4880
HB 1790-- Port Wentworth, City of; corporate limits.............................2400, 2694, 2731, 2742
HB 1791-- Cherokee County; certain judicial officials; salary...............2400, 2694, 2731, 2742
HB 1792-- Cherokee County; board of education; compensation ..........2400, 2694, 2731, 2742, 3227
HB 1793-- Cherokee County; commissioner districts; reapportion ........2400, 2695, 2731, 2743, 3227
HB 1794-- Cherokee County; education districts; reapportion...............2401, 2695, 2731, 2743, 3227
HB 1795-- Cherokee County; homestead exemption.........................................2401, 2695
HB 1796-- McDonough, City of; corporate limits ..................................2401, 2695, 2731, 2743, 3228
HB 1797-- Atlanta, City of; homestead exemption; certain residents.................................................................................2401, 2695, 3170, 3172, 4880
HB 1798-- Lincoln County; board of elections; compensation.............. 2402, 2695, 2787, 2794, 3449
HB 1799-- Bulloch County; commissioner districts; reapportion...........2402, 2695, 2731, 2744, 3228
HB 1800-- Dade County; create office of commissioner; repeal certain Act .............................................................................2402, 2695, 2731, 2744
HB 1801-- Worth County; education districts; reapportion ....................2403, 2695, 2731, 2744, 3228
HB 1802-- Worth County; commissioner districts; reapportion .............2403, 2695, 2731, 2744, 3228
HB 1803-- Crimes; false reports; change criminal penalty................................2691, 2729
HB 1804-- South Cobb Development Authority; membership.............. 2691, 2729, 2787, 2795, 3449
HB 1805-- Cobb County; redevelopment powers; referendum ............. 2691, 2729, 2787, 2795, 3449
HB 1806-- Gough, City of; new charter ................................................. 2691, 2729, 2887, 2795
HB 1807-- Henry County Development Authority Modernization Act; enact.............................................................................. 2692, 2729, 2787, 2796, 3449
HB 1808-- Bloomingdale, City of; corporate limits............................... 2692, 2729, 2787, 2796
HB 1809-- Torts; right of action; sexual harassment against student ................2692, 2729
INDEX
5129
HB 1810-- HOPE scholarships; eligibility; undocumented immigrants........................................................................................2692, 2729
HB 1811-- Dade County; commissioner districts; reapportion.............. 2693, 2729, 2787, 2796, 3686
HB 1812-- Elbert County; form of government; advisory referendum............................................................................ 2693, 2729, 2787, 2796, 3450
HB 1813-- Brantley County; form of government; advisory referendum............................................................................ 2693, 2729, 2787, 2797, 3450
HB 1814-- Brantley County; board of education; advisory referendum............................................................................ 2694, 2729, 2787, 2797, 3450
HB 1815-- Polk County; education districts; reapportion.......................2725, 2786, 2899, 2909, 3686
HB 1816-- Turner County; state court; create .........................................2725, 2786, 2899, 2909, 4391, 4543
HB 1817-- Turner County; commissioner districts; reapportion ............2725, 2786, 2899, 2916, 3686
HB 1818-- Turner County; education districts; reapportion ...................2725, 2786, 2899, 2916, 3686
HB 1819-- Turner County; probate court judge; salary ..........................2725, 2786, 2899, 2916, 3688, 4491
HB 1820-- Cochran, City of; corporate limits.........................................2726, 2786, 2899, 2916, 4390
HB 1821-- Telfair County; education districts; reapportion ...................2726, 2786, 2899, 2917, 3687
HB 1822-- Eastman, City of; corporate limits.........................................2726, 2786, 2899, 2917, 3687
HB 1823-- Varnell, City of; corporate limits ..........................................2726, 2786, 2899, 2918
HB 1824-- Whitfield County; homestead exemption; certain residents.................................................................................2727, 2786, 2899, 2918
HB 1825-- Pike County; homestead exemption; certain residents..........2727, 2786, 2899, 2918, 3687
HB 1826-- Pike County; education districts; reapportion .......................2727, 2786, 2899, 2919, 3687
HB 1827-- Pike County; homestead exemption; certain residents..........2727, 2786, 2899, 2919, 3687
HB 1828-- Resaca, Town of; amend Act incorporating..........................2728, 2786, 2899, 2919
5130
INDEX
HB 1829-- Madison, City of; election districts; reapportion...................2784, 2898, 3170, 3172, 4391
HB 1830-- Dillard, City of; corporate limits ...........................................2784, 2898, 3170, 3172, 4391, 4537
HB 1831-- Colquitt, City of; amend provisions ......................................2784, 2898, 3170, 3173
HB 1832-- Ashburn, City of; mayor and council; terms of office ..........2784, 2898, 3170, 3173, 4392, 4867, 4892
HB 1833-- Worth County; state court; amend provisions.......................2785, 2898, 3170, 3174, 4392, 4544
HB 1834-- Real estate transfer tax; collection and distribution .........................2897, 3168
HB 1835-- Henry County; state court; solicitor-general .........................2865, 2898, 3170, 3177, 4391
HB 1836-- Walker County; homestead exemption; certain residents .....2865, 2898, 3170, 3178
HB 1837-- DeKalb County; state court; add judge .................................2866, 2898, 3170, 3178, 4392, 4633
HB 1838-- Walker County; homestead exemption; certain residents .....2866, 2898, 3170, 3178
HB 1839-- Jeff Davis County; education districts; reapportion..............2866, 2898, 3170, 3179
HB 1840-- Jeff Davis County; commissioner districts; reapportion .......2866, 2898, 3170, 3179
HB 1841-- Greene County; homestead exemption; certain residents .....2867, 2898, 3170, 3179, 4391
HB 1842-- Cobb County; tax commissioner and employees; compensation.........................................................................2897, 3168, 3465, 3467, 4391
HB 1843-- Savannah-Chatham County Charter and Unification Commission; create ..........................................................................3464, 4377
PART III
HOUSE RESOLUTIONS
HR 26-- House Insurance Rate Regulation Study Committee; create..................................................................................................No Action
HR 27-- Certain real property; removal from industrial area; binding on successors - CA ........................................................................1181
HR 99-- C. Lloyd Smith Parkway; designate ..................................................No Action HR 126-- Tax defaulter; ineligible to hold public office - CA..........184, 202, 1140, 1982 HR 128-- House Study Committee on Certified Professional
Midwifery; create ..............................................................................No Action HR 129-- House Emergency Motorist Aid Study Committee;
create..................................................................................................No Action HR 130-- Joint Study Committee on Urban Road Building
Guidelines; create ..............................................................................No Action HR 131-- Public money; use by religious organizations; certain
social services CA .....................................................................................499 HR 140-- Family owned farm entities; preferential assessment;
certain property - CA............................................................................500, 552 HR 209-- Water well drilling equipment; urge Congress
reclassify......................................................................................................134 HR 213-- House Home Construction and Repair Study
Committee; create..............................................................................No Action HR 215-- Joint Study Committee on Limited Access for State
Route 316/University Parkway; create..............................................No Action HR 221-- House Alcoholic Beverages Distribution System Study
Committee; create..............................................................................No Action HR 223-- Joint Study Committee on Public School Size; create ......................No Action HR 252-- Dillard Bluegrass & Barbeque Festival; designate
"Kansas City Barbeque Society Georgia State Championship" ..................................................................................No Action HR 264-- Dog and cat sterilization; special license plate funding CA...............................................................................................228, 322, 3746 HR 273-- House Study Committee on Tick-Borne Illnesses in Georgia; create ..................................................................................No Action HR 280-- Disabled American Veterans Intersection; designate........................No Action HR 342-- Individual and employer based health insurance; create Blue Ribbon Commission .................................................................No Action
5132
INDEX
HR 345-- Joint Study Committee on Historic Local Government Records; re-create..............................................................................No Action
HR 364-- Ad valorem tax; separate class certain dockside facilities CA............................................................................600, 964, 4385
HR 372-- Virgil Bledsoe Highway; designate...................................................No Action
HR 391-- Counties and municipalities; community redevelopment tax incentive program - CA .................................................184, 205, 241, 404, 3474
HR 392-- House Local Assistance Road Program Study Committee; create..............................................................................No Action
HR 395-- MARTA; commercial development; urge MARTOC evaluate..............................................................................................No Action
HR 412-- Tax relief proposed by President Bush; urge congressional delegation support ......................................................No Action
HR 432-- Joint Task Force on Developing a Federally Funded Drug Benefit for Low-Income Elderly Citizens; create ....................No Action
HR 455-- Joint Study Committee on Medical Care for Prison Inmates; create...................................................................................No Action
HR 456-- House Study Committee on Exempting Educators from the State Income Tax; create .............................................................No Action
HR 463-- Joint Study Committee on Gaming; create .......................................No Action
HR 515-- House Hartsfield-Atlanta Aviation Air Quality Impact Zone Study Committee; create ..........................................................No Action
HR 563-- Rules of House; amend Rule 29 ........................................................No Action
HR 567-- Turfgrass sod; urge use by state for certain groundcover ................1987, 2365
HR 568-- House Agricultural Water Conservation Incentive Program Study Committee; create ....................................................No Action
HR 600-- Fall Line Freeway and Savannah River Parkway; support early completion ............................................................................1183
HR 646-- Veterans' Nursing Home Care Trust Fund; create; special license plates - CA....................................................................257, 282
HR 648-- House Study Committee on the Organization of the Public Delivery System for Mental Health, Mental Retardation, and Substance Abuse Services; create..........................No Action
HR 740-- Crimes; certain convictions; serve entire sentence CA...............................19
HR 782-- Notify Senate; House convened .....................................................................19
HR 783-- Joint session; Governor's message; invite justices and appellate judges ........................................................................................20, 25
HR 784-- Joint session; Governor's message; invite justices and appellate judges ........................................................................................21, 26
HR 785-- Joint session; message from Chief Justice of Supreme Court .........................................................................................................23, 26
INDEX
5133
HR 786-- House Study Committee for the Transfer of Operations of the Hartsfield Atlanta International Airport; create .............................18, 36
HR 787-- Public Safety and Veterans Highway; designate.....................34, 51, 258, 281, 1668
HR 788-- Gamaliel Hilson Overpass; designate ......................................................34, 52
HR 789-- Paraprofessionals; degree requirements; urge board of regents adopt certain policy..................................................34, 52, 1271, 2668
HR 790-- Shelton Isaiah DeLoach Memorial Bridge; designate..............................34, 52
HR 791-- Albert Shelton Swindell Memorial Highway; designate..........................35, 52
HR 792-- Certain convicted felons; restoration of right to vote CA.............................................................................................................35, 52
HR 793-- Byrd M. Bruce Interchange; designate.....................................................35, 52
HR 794-- Memorial Drive; redesignate portions of SR 154 and SR 10 ........................................................................................................35, 52
HR 795-- Historic Savannah Parkway; designate ....................................................36, 52
HR 796-- Serritella, Judy; invite to House .....................................................37, 196, 204
HR 797-- Girls and Women in Sports Day; recognize 2/7/02; invite certain athletes to House ......................................................37, 151, 170
HR 798-- Westwood High School Wildcats; invite coaches, players, and cheerleaders to House ....................................................38, 83, 83
HR 799-- Statesboro High School football team; invite to House .....................38, 96, 98
HR 800-- WWII, Korean War, and Vietnam Veterans Memorial Intersections; designate ...........................................................51, 94, 258, 303, 1139
HR 801-- Small pox and polio vaccinations for general population; urge Congress provide...........................................................51, 94
HR 802-- Daniell, Barbara A.; compensate..........................................51, 94, 1918, 2342
HR 803-- Reapportionment by independent, nonpartisan commission; provisions - CA .................................................................93, 131
HR 804-- Rules of House; amend Rule 7 ...............................................................93, 131
HR 805-- Blue Star Memorial Highway; designate ......................................93, 131, 455, 985, 3689
HR 806-- Joint Ethanol Production Study Committee; create ..............93, 131, 326, 451, 1668, 1979
HR 807-- Atlanta Beat; invite to House .......................................................115, 151, 171
HR 808-- Kellerhals, Beth; invite to House .................................................115, 250, 250
HR 809-- William G. Hasty, Sr., Freeway; designate ..........................................130, 150
HR 810-- Sheats, T. LaMar; condolences ....................................................................115
HR 811-- Wilkinson, Warren Terrell; commend .........................................................115
HR 812-- Falany, Dr. Floyd A.; commend...................................................................115
HR 813-- Rogers, Honorable W. David; commend .....................................................115
5134
INDEX
HR 814-- Cline, Marguerite T.; commend ...................................................................116 HR 815-- Riddle, Rosetta; commend ...........................................................................116 HR 816-- New, Rabbi Yossi and Mrs. Dassie; commend............................................116 HR 817-- Westwood Wildcats varsity cheerleaders; commend...................................116 HR 818-- Westwood Wildcats football team; commend .............................................116 HR 819-- Murphy, Jaquetta; commend ........................................................................116 HR 820-- Neal, Sandra Chance; commend ..................................................................116 HR 821-- Toccoa Nursing Center; commend...............................................................117 HR 822-- Pridgen, Honorable Albert Dan "Big Al"; condolences...............................117 HR 823-- Stewart, Romondo; commend ......................................................................117 HR 824-- Burr, Shane; commend .................................................................................117 HR 825-- Lenox, Bob; commend .................................................................................117 HR 826-- Pfizer, Inc., Life Share Card Program; commend ........................................117 HR 827-- Youmans, Howard L., Jr.; commend ...........................................................117 HR 828-- Milton, Edward V.; commend......................................................................118 HR 829-- Brown, Sharon; commend............................................................................118 HR 830-- Langford, Sr. Trooper G. H.; invite to House ..............................139, 151, 171 HR 831-- Wheeler High School newspaper staff; invite to House ..............139, 559, 590 HR 832-- Georgia Recreation and Parks Association; invite
representatives to House...............................................................139, 151, 171 HR 833-- LaGrange High School football team; invite to House ................139, 151, 171 HR 834-- Roach, Christopher, Dr. Roger C. (Bo) Ryles, and Dr.
Gale A. Buchanan; invite to House ..............................................140, 151, 171 HR 835-- Parkview High School Panthers football team; invite
coaches and players to House.......................................................140, 196, 204 HR 836-- Tharpe, Ranger First Class George and Ranger First
Class Darrell Watson; invite to House .........................................140, 151, 172 HR 837-- Legislative and congressional reapportionment;
requirements - CA ................................................................................149, 195 HR 838-- Veterans Parkway, Talmadge Plaza, Robbie Bishop
Memorial Highway, Norman W. Fries Highway; designate ..............................................................................149, 195, 455, 577,
3474, 3677, 3813, 4319, 4370, 4513,
4641 HR 839-- Effingham County Day; recognize 1-29-02 .................................................173 HR 840-- Northside High School Eagles football team; commend .............................173 HR 841-- Albany-Dougherty County Day; recognize 1-29-02;
invite officials to House ...............................................................172, 196, 204 HR 842-- Presbytery of Greater Atlanta; invite to House ............................172, 228, 240
INDEX
5135
HR 843-- Georgia Farm Bureau Federation; invite to House ......................172, 250, 250 HR 844-- Berry College; invite President Scott Colley to House ................172, 250, 251 HR 845-- Delta Sigma Theta Day; invite sorority representatives
to House........................................................................................173, 250, 251 HR 846-- Gainesville High School Red Elephants baseball team;
invite to House..............................................................................173, 437, 452 HR 847-- Anderson, Jeanie; Ms Georgia Senior 2001; invite to
House............................................................................................173, 500, 520 HR 848-- Joint MARTA Finance Study Committee; create ......................194, 225, 1731 HR 849-- House Tourism Study Committee; create ............................................194, 225 HR 850-- Charter schools; funding provisions - CA............................................194, 225 HR 851-- Joint MARTA Study Committee; create ...................................195, 225, 1731,
4398 HR 852-- LRE Day at the State Capitol; recognize 1/29/02 ........................................174 HR 853-- National Guard Day in Georgia; recognize 1/29/02.....................................174 HR 854-- League of Women Voters of Atlanta-Fulton County
Day at the state capitol; recognize 1/29/02 ..................................................174 HR 855-- Moore, Dr. J. Michael; commend.................................................................174 HR 856-- Kagerer, Rudy "Doc"; commend..................................................................174 HR 857-- Lambros, Judge Nick George; condolences .................................................174 HR 858-- Dixon, Jim; commend ..................................................................................175 HR 859-- Tillis, John S., Jr.; commend ........................................................................175 HR 860-- Thomas, Edwin L., Jr.; commend ................................................................175 HR 861-- Savannah citizens and police force; commend ............................................175 HR 862-- Esco, James Richard "Dick"; commend.......................................................175 HR 863-- Varner, Willie G.; commend ........................................................................175 HR 864-- Bittle, Freda Pate; commend ........................................................................175 HR 865-- Jarrard, Henry Grady; condolences ..............................................................176 HR 866-- Wood, Helen Thrasher; condolences............................................................176 HR 867-- Father/Daughter Valentine Dance, Valdosta; recognize ..............................176 HR 868-- Bailey, Hugh C.; Valdosta State University President;
commend ......................................................................................................176 HR 869-- Bonner, Dusty; commend.............................................................................176 HR 870-- Hatcher, Chris; Valdosta State University Head Coach;
commend ......................................................................................................176 HR 871-- Savannah-Chatham County Governmental
Consolidation Study Committee; commend ................................................177 HR 872-- Phelps, Lou; commend .................................................................................177 HR 873-- Ballastone Inn; commend.............................................................................177 HR 874-- AquaSouth Construction, Inc.; commend ....................................................177
5136
INDEX
HR 875-- ReMax Savannah; commend........................................................................177 HR 876-- Petrus Pervious Paving; commend...............................................................177 HR 877-- Barker, Harry; commend..............................................................................178 HR 878-- Savannah Direct Mail; commend .................................................................178 HR 879-- Lady & Sons; commend ...............................................................................178 HR 880-- Black, Henry S., II; commend......................................................................178 HR 881-- Parkview High School Panthers football team;
commend ......................................................................................................178 HR 882-- White, Harry Winford; commend ................................................................178 HR 883-- Roach, Christopher; 4-H honoree; commend...............................................178 HR 884-- Anderson, Sally; 4-H honoree; commend ....................................................179 HR 885-- Ledbetter, Lauren; 4-H honoree; commend .................................................179 HR 886-- Evans, Jed; 4-H honoree; commend ............................................................179 HR 887-- Wilson, Matthew; 4-H honoree; commend ..................................................179 HR 888-- Garrett, Matthew; 4-H honoree; commend .................................................179 HR 889-- Baldy, Elton; 4-H honoree; commend..........................................................179 HR 890-- Gibbs, Josh; 4-H honoree; commend ...........................................................179 HR 891-- Lewis, Bessy; 4-H honoree; commend ........................................................180 HR 892-- McCoy, Tiffany; 4-H honoree; commend....................................................180 HR 893-- Jones, Robbie; 4-H honoree; commend .......................................................180 HR 894-- Munro, Hillary; 4-H honoree; commend......................................................180 HR 895-- Nowicki, Christopher; 4-H honoree; commend ...........................................180 HR 896-- 4-H; recognize 100th anniversary ................................................................180 HR 897-- Turner, Seth; 4-H honoree; commend..........................................................180 HR 898-- Mull, Casey; 4-H honoree; commend ..........................................................181 HR 899-- Smith, Katrina; 4-H honoree; commend ......................................................181 HR 900-- Newberry, Matt; 4-H honoree; commend ....................................................181 HR 901-- United States Military Academy; recognize 200th
Anniversary ..........................................................................................181, 239 HR 902-- Forestry Day at Capitol; recognize 1/31/02; invite
certain officials to House..............................................................181, 228, 240 HR 903-- Joint session; Governor's message; invite justices and
appellate judges ....................................................................................198, 239 HR 904-- Cancer Care Trust Fund; authorize creation - CA................................224, 276 HR 905-- Commission on Regional Transportation; create ......................224, 276, 2215,
2464, 2680 HR 906-- Juneteenth Celebration Day in Georgia; designate June
19 ..........................................................................................................225, 276 HR 907-- Alpha Kappa Alpha Day; recognize 2/18/02; invite
Regional Director to House..........................................................251, 418, 452
INDEX
5137
HR 908-- Youth Advisory Council of Columbus; invite to House ..............251, 466, 473 HR 909-- Animal and Dairy Science Complex, UGA; urge name
honoring Edgar L. Rhodes....................................................275, 297, 499, 576 HR 910-- Local boards of education and Christian Learning
Center Boards; commend .....................................................276, 297, 512, 515 HR 911-- Georgia Wilderness Institutes; commend ....................................................252 HR 912-- Hill, Hannah Mae Jackson; condolences......................................................252 HR 913-- Haines, Major General Dennis G.; commend ..............................................252 HR 914-- League of Women Voters Day; recognize 2/20/02......................................252 HR 915-- Broadrick, Kevin; commend ........................................................................252 HR 916-- Ketchie, Joshua M.; commend .....................................................................252 HR 917-- Roper, William B. Jr.; commend..................................................................252 HR 918-- Johnson, Honorable Nedra Tyler; commend................................................253 HR 919-- Hicky, Col. Dan and Hattie Mina; commend...............................................253 HR 920-- Dolvin, Christopher Egan; commend...........................................................253 HR 921-- Bostwick, Dr. John III; condolences ............................................................253 HR 922-- Young, Charles; commend ...........................................................................253 HR 923-- Summers, Mrs. Pat; condolences ................................................................253 HR 924-- Principals' Collaboratives of Houston County;
commend ......................................................................................................253 HR 925-- Freeman, Derek; 4-H honoree; commend ....................................................254 HR 926-- Warren, Dale Tennyson; condolences..........................................................254 HR 927-- Nationwide Civic Action Program; commend .............................................254 HR 928-- Melkonian, Dr. Roger W.; condolences .......................................................254 HR 929-- Rollins, Esther V. Wright; condolences .......................................................254 HR 930-- Parker, Jewell; commend .............................................................................254 HR 931-- O'Neal, Lucy Mattox; commend ..................................................................254 HR 932-- Henderson, Mr. Jessie C.; condolences........................................................255 HR 933-- Ronald Reagan Day; recognize 2/6/02.........................................................255 HR 934-- Morey, Edward; condolences .......................................................................255 HR 935-- Georgia Women's History Month; commend honorees ...............................255 HR 936-- Glover, Brant; commend ..............................................................................255 HR 937-- Sims, Guy W.; commend .............................................................................255 HR 938-- Stillman, Hugh D.; commend.......................................................................256 HR 939-- Davis, Shirley; commend .............................................................................256 HR 940-- Goodman, Danny; compensate..................................................276, 297, 1918,
2362 HR 941-- Stockbridge High School; commend............................................................256 HR 942-- Kerr, Andrew R.; commend .........................................................................256
5138
INDEX
HR 943-- Lee, Russ; commend ....................................................................................256 HR 944-- Carbone, Kevin; commend...........................................................................256 HR 945-- Holy Redeemer Catholic School's Freedom Shrine;
commend ......................................................................................................256 HR 946-- Commission on Psychiatric Medication of School-Age
Children; create .........................................................................276, 297, 2004, 2461, 3740
HR 947-- Georgia State University Law School Moot Court Team; invite to House ..................................................................281, 559, 590
HR 948-- Harold Mann Memorial Interchange; designate...................................296, 340 HR 949-- Bartow County; convey property ........................................297, 340, 437, 551,
1196 HR 950-- Lt. Col. Doyce Ariail Highway; designate portion of SR
38 ..........................................................................................................297, 340 HR 951-- Cannon, William S. "Bill", V; invite to House ...........................................318 HR 952-- South Gwinnett High School's Technology Education
Program; invite Messrs. Kachmar and Sosebee to House............................................................................................318, 844, 865 HR 953-- Napier, Kit; invite to House .........................................................319, 437, 453 HR 954-- Youth in CHARGe; invite representatives to House ...................319, 418, 453 HR 955-- Foster Youth Day at the capitol; recognize February 7, 2002 ..............................................................................................319, 418, 453 HR 956-- Dixon, Earnest, Jr.; invite to House .............................................319, 575, 590 HR 957-- Walker School Wolverines baseball team; invite coaches and team to House ..........................................................319, 645, 668 HR 958-- Walker School Lady Wolverines Fast Pitch softball team; invite team and coaches to House ......................................320, 645, 669 HR 959-- Hurley, Barry; commend..............................................................................327 HR 960-- Council, Annie Bell Mason; condolences ....................................................327 HR 961-- Firefighters' Recognition Day; observe 30th annual ....................................327 HR 962-- Griffin, Brenda James; commend.................................................................327 HR 963-- Beasley, G. Duke; commend........................................................................327 HR 964-- Johnson, Louise Beliford; condolences........................................................327 HR 965-- Spring Valley Health Care Center; commend..............................................327 HR 966-- Tifton, City of and Tift County; commend ..................................................328 HR 967-- Briarlake Elementary School; commend......................................................328 HR 968-- Oak Grove Elementary School; commend...................................................328 HR 969-- Zervakos, Peter; commend ...........................................................................328 HR 970-- English, Gus and Mae; commend.................................................................328 HR 971-- Bel-Arbor Nursing Center; commend ..........................................................328 HR 972-- Girl Scout Day in Georgia; recognize February 7, 2002..............................328
INDEX
5139
HR 973-- Nigeria, Lagos; catastrophic events; expressing regret................................329 HR 974-- J. M. Fountain Highway; designate portion of Hwy 221 .....................339, 394 HR 975-- House Study Committee for House Bill 851; create .................339, 394, 2215,
4399 HR 976-- State flag; change design - CA .............................................................339, 394 HR 977-- Anderson, Bill; invite to House....................................................346, 418, 453 HR 978-- Savage, Steve; head coach, Commerce High School;
invite to House..............................................................................346, 418, 453 HR 979-- Tattnall Square Academy boys football team and
coaches; invite to House...............................................................346, 437, 453 HR 980-- Cordele-Crisp County Fish Fry; invite cooking team to
House............................................................................................346, 500, 520 HR 981-- Ridley Community in Murray County; designate ...............392, 427, 466, 470,
2754 HR 982-- Joint Study Committee on Chronic Fatigue and Immune
Dysfunction Syndrome; create .............................................................392, 427 HR 983-- House Study Committee on Universal School
Breakfast; create ...................................................................................393, 427 HR 984-- Telework Study Commission; create ...................................................393, 427 HR 985-- Atlanta Board of Education Charter Review
Commission; create ....................................................................393, 427, 1731 HR 986-- House Study Committee on the Development of
Sustainable Energy in Georgia; create ......................................393, 427, 2344, 2643
HR 987-- Coroner in certain counties; provisions - CA.............................394, 427, 1616 HR 988-- African American Business Enterprise Day; proclaim
2/5/02; invite certain members to House......................................408, 409, 409 HR 989-- Dental Hygienists' Appreciation Day; recognize 2/8/02;
invite certain dental hygienists to House......................................408, 437, 454 HR 990-- Fleming, Roscoe H., Sr.; condolences .........................................................409 HR 991-- Georgia Sports Caucus Day; declare 2/7/02 ................................................410 HR 992-- Sadie G. Mays Health and Rehab Center; commend ...................................410 HR 993-- Brown, Trent; commend...............................................................................410 HR 994-- Moore, Larry; commend...............................................................................410 HR 995-- Jackson, Rosemary; commend .....................................................................410 HR 996-- Gunter, Terri; commend ...............................................................................410 HR 997-- Glenn, Lee B.; commend..............................................................................410 HR 998-- Butts, Kimberly; commend ..........................................................................410 HR 999-- Alford, Beth; commend................................................................................411 HR 1000-- Young, Karen; commend .............................................................................411 HR 1001-- Covey, Cecile; commend .............................................................................411
5140
INDEX
HR 1002-- Hester, Frances; commend ...........................................................................411 HR 1003-- Pearson, Janet; commend .............................................................................411 HR 1004-- Dearman, O. D.; commend...........................................................................411 HR 1005-- Fox, Marjorie; commend..............................................................................411 HR 1006-- Reese, Charles; commend ............................................................................411 HR 1007-- Nelson, Louella; commend...........................................................................411 HR 1008-- Oglesby, Darrell M.; commend....................................................................412 HR 1009-- Smith, Mary Alice; commend ......................................................................412 HR 1010-- Howell, Robby; commend............................................................................412 HR 1011-- McWilliams, Dennis; commend...................................................................412 HR 1012-- Smith, Jackie; commend...............................................................................412 HR 1013-- Overton, Barbara; commend ........................................................................412 HR 1014-- Reid, John; commend ...................................................................................412 HR 1015-- Layson, Sheila; commend ............................................................................412 HR 1016-- Moreland, Regina; commend .......................................................................413 HR 1017-- Carnes, Helen; commend .............................................................................413 HR 1018-- Formey, Rev. Henderson E. Jr.; condolences ..............................................413 HR 1019-- Holder, Dorothy and Albert; commend........................................................413 HR 1020-- "Tom Joyner Day"; declare 2/15/02.............................................................413 HR 1021-- Winslette, Jackie; commend.........................................................................413 HR 1022-- Hill, Beth; commend ....................................................................................413 HR 1023-- Hospital Day at the Capitol; recognize 2/18/02 ...........................................413 HR 1024-- Atwell, Gerald; condolences ........................................................................414 HR 1025-- Hunter, Mr. and Mrs. Homer; commend......................................................414 HR 1026-- Professional Association of Georgia Educators Day;
recognize "PAGE Day on Capitol Hill" 2/12/02; invite officers to House ..........................................................................415, 437, 454 HR 1027-- Kappa Alpha Psi Fraternity; commend ........................................................414 HR 1028-- Blue, Elect Lady Lorance; commend ...........................................................414 HR 1029-- Hummel, Andrew J.; commend....................................................................414 HR 1030-- Jackson, Brandon C.; commend ...................................................................414 HR 1031-- Coleman, Rick; commend ............................................................................415 HR 1032-- Hummel, Greg J.; commend.........................................................................415 HR 1033-- Stewart, Mrs. Ethel Hines; condolences.......................................................415 HR 1034-- Lazari, George; commend ............................................................................415 HR 1035-- Max Lockwood Highway; designate portions of U. S. 441 .......................................................................................................426, 465 HR 1036-- Crisp Academy Varsity Football Team; invite to House .............437, 500, 520
INDEX
5141
HR 1037-- Hutto, Miss Allison, 2002 Georgia Watermelon Queen; invite to House..............................................................................438, 500, 520
HR 1038-- House Study Committee on Technology Education; create...........................................................................................463, 510, 1731
HR 1039-- Joint Construction Codes Study Committee; create...................464, 510, 2004 HR 1040-- House Study Committee on Uniform High School
Grading; create .....................................................................................464, 510 HR 1041-- Family/Friend Kindness Day; recognize observance
2/28/02..................................................................................464, 510, 612, 615 HR 1042-- Marriage and families; public policy that strengthens;
express support ...................................................................464, 510, 644, 1039 HR 1043-- Forrest, Vernon; invite to House ..............................................472, 1754, 1776 HR 1044-- Putnam County High School Future Farmers of
America dairy judging team; invite to House ..............................472, 931, 931 HR 1045-- Guarnere, William J. "Wild Bill"; invite to House ......................473, 575, 590 HR 1046-- Bates, Demetrius; invite to House................................................478, 668, 669 HR 1047-- Roffman, Allan; commend ...........................................................................495 HR 1048-- Motorcycle Awareness and You Month; recognize
May, 2002.....................................................................................................495 HR 1049-- McRae Manor Nursing Home; commend ....................................................495 HR 1050-- Montezuma Healthcare Center; commend ...................................................496 HR 1051-- Atlanta Justice Women's Professional Basketball Team;
commend ......................................................................................................496 HR 1052-- Taylor County Health Care; commend ........................................................496 HR 1053-- The Christian Index; commend ....................................................................496 HR 1054-- Holloway, Trooper Matt; commend.............................................................496 HR 1055-- Taylor, Honorable Carolyn D.; commend....................................................496 HR 1056-- Crestwood Nursing Home; commend ..........................................................496 HR 1057-- Miller, Coleman Terrell; condolences..........................................................497 HR 1058-- Howard, Walter; condolences ......................................................................497 HR 1059-- Miller, Joshua; commend .............................................................................497 HR 1060-- Fisher, Diane; commend...............................................................................497 HR 1061-- Guarnere, William J. "Wild Bill"; commend ...............................................497 HR 1062-- Strickland, Chief Frank; commend ..............................................................497 HR 1063-- Hayes, Jack R.; commend ............................................................................497 HR 1064-- Mary Hines Johnson Day; proclaim 2/9/02..................................................498 HR 1065-- Kirkland, Jama; commend............................................................................498 HR 1066-- Mills, Patricia Yale; commend.....................................................................498 HR 1067-- Bates, Jackie; commend ...............................................................................498 HR 1068-- Rural Health Day; designate 2/14/02 ...........................................................498
5142
INDEX
HR 1069-- Solid waste management; plasma-arc torch technology; encourage development......................................................509, 537, 992, 2603
HR 1070-- Ronnie Green Parkway; designate .......................................................509, 537
HR 1071-- Kirkland, Jama; invite to House ...................................................521, 559, 590
HR 1072-- Cook, Barbara Jo; invite to House................................................521, 599, 621
HR 1073-- Ad valorem tax; separate class; certain low-income projects - CA ...............................................................................535, 570, 951, 1355, 4386
HR 1074-- Joint Local Assistance Road Program Study Committee; create......................................................................535, 570, 1731, 2066, 3740
HR 1075-- Houston and Fulton counties; convey property.................535, 570, 993, 1075, 4324, 4537
HR 1076-- Bernita C. Harris Highway; designate..................................................535, 570
HR 1077-- DeKalb and Fulton counties; energy from landfill resources; urge pilot project ................................................536, 570, 845, 846, 1182, 1191
HR 1078-- DeWayne King, USMC, Memorial Bridge; designate.........................536, 570
HR 1079-- Education funding; repeal ad valorem tax; impose sales tax - CA ........................................................................................536, 570, 571
HR 1080-- CSX Railroad; urge clean up action on properties and rights of way.........................................................................................537, 570
HR 1081-- Sonny Dixon Highway; designate portion of SR 307 ..........................569, 612
HR 1082-- Ellis Arnall Highway; designate...........................................................569, 612
HR 1083-- House Study Committee on Prescription Drug Addiction; create ..................................................................................569, 612
HR 1084-- Dynamite Dolls Competition Clogging Team; invite team and coaches to House ..........................................................584, 645, 669
HR 1085-- Sales tax; local assistance road program expenses - CA......................610, 657
HR 1086-- Veterans Parkway; designate portion of SR 156..................................611, 657
HR 1087-- Flood Town Christmas Community in Murray County; designate ......................................................................................611, 657, 845, 859, 2754
HR 1088-- Golick, Marshall Thomas; commend ...........................................................595
HR 1089-- Mansfield, Honorable Aubrey; commend ....................................................595
HR 1090-- Ringling Bros. and Barnum & Bailey; recognize as America's Living National Treasure ............................................................595
HR 1091-- Walter C. Perkins Highway; designate ................................................611, 657
HR 1092-- Moore, Honorable Thelma Wyatt Cummings; commend............................595
HR 1093-- Bleckley County High School cheerleading squad and coaches; commend .......................................................................................596
INDEX
5143
HR 1094-- Child Abuse Prevention Day; recognize 2/13/02 at the State Capitol .................................................................................................596
HR 1095-- Weaver, Blake; commend ............................................................................596
HR 1096-- Georgia urban agriculture industry; commend.............................................596
HR 1097-- Williams, Dr. Robert Sanders; commend.....................................................596 HR 1098-- Anderson, Elder Ronald B. and First Lady Tia M.;
commend ......................................................................................................596 HR 1099-- South Fulton County Legislative Day at Capitol;
recognize 2/19/02 .........................................................................................597 HR 1100-- Shepherd Hills Health Care Center; commend ............................................597
HR 1101-- Curry, Nikki; commend................................................................................597
HR 1102-- Center for Puppetry Arts; commend ............................................................597
HR 1103-- Athens Academy; commend ........................................................................597 HR 1104-- A. S. Newton Highway; designate .......................................................611, 657
HR 1105-- Joint Construction Codes Study Committee, Joint Study Committee on Jekyll Island, and Joint Study Committee on Early Childhood Education; create ......................................654, 843, 1731, 2067, 4389, 4469, 4893
HR 1106-- Turner, Virginia; invite to House .................................................621, 668, 669
HR 1107-- Preston, Dr. and Mrs. John; invite to House ................................621, 675, 675
HR 1108-- Alvin Mitchell Street; designate...........................................................654, 843
HR 1109-- Robbie Bishop Memorial Highway; designate portion of Highway 61 ......................................................................................655, 843
HR 1110-- Cuba; lift sanctions and normalize trade relations; urge Congress .......................................................................................655, 843, 949
HR 1111-- Ad valorem tax; certain class; redevelopment of hazardous waste sites - CA........................................................655, 843, 1120, 1717, 3745
HR 1112-- Education funding; impose 1% sales tax; repeal ad valorem tax - CA ..........................................................................655, 843, 844
HR 1113-- Gailey, Head Coach Chan; invite to House..................................669, 844, 865
HR 1114-- Adjournment; relative to .....................................................................666, 679
HR 1115-- Loganville High School girls varsity fastpitch softball team; invite coaches, players, and the school principal to House....................................................................................674, 1007, 1038
HR 1116-- Bicycle lanes throughout the state; urge Department of Transportation create ..................................................................841, 887, 1183
HR 1117-- William Ira (W. I.) Still, Jr., Highway; designate ................................841, 887
5144
INDEX
HR 1118-- Oral anticancer drugs; urge Congress require Medicare to cover ................................................................................................841, 887, 1431, 2966
HR 1119-- Barrett, Dorothy "Dot" H.; commend ..........................................................675 HR 1120-- Moody, Daphne Wall and Laurence Floyd; commend ................................675 HR 1121-- Republic of China on Taiwan; commend.....................................................675 HR 1122-- Schillo, Jonathan E.; commend ....................................................................676 HR 1123-- Griffeth, Dr. Joe L., Sr.; commend...............................................................676 HR 1124-- Greer, Karyn; commend ...............................................................................676 HR 1125-- Juvenile Justice Day in Georgia; declare 2-28-02........................................676 HR 1126-- Orr, William Brinson; commend..................................................................676 HR 1127-- Auditory-Verbal Center of Atlanta; commend.............................................676 HR 1128-- Georgia Association of Broadcasters; commend .........................................676 HR 1129-- Warwick Grits Festival; commend...............................................................677 HR 1130-- Crumbliss, James Reed; commend...............................................................677 HR 1131-- Gentry, Jenny; commend..............................................................................677 HR 1132-- Simons, Rachel B.; commend ......................................................................677 HR 1133-- Antioch Baptist Church North; commend....................................................677 HR 1134-- Finch, Jesse; commend.................................................................................677 HR 1135-- State Boxing Commission; urge not sanctioning Mike
Tyson fight ...........................................................................................841, 887 HR 1136-- Governor's Council on Developmental Disabilities Day;
declare February 28, 2002 ....................................................................842, 887 HR 1137-- Ad valorem tax on tangible property; eliminate - CA..........................842, 887 HR 1138-- H. M. Thompson Highway; designate portion of SR 38......................656, 843 HR 1139-- Education funding; repeal ad valorem tax; impose 3%
sales tax - CA ...............................................................................842, 887, 891 HR 1140-- Barrett, Audrey Lee; invite to House ...........................................872, 872, 873 HR 1141-- Hilsman Middle School; 2002 State Champions of the
Academic Bowl for Middle Grades; invite team, coaches, and principal to House ...............................................865, 1007, 1038 HR 1142-- Prayer in school; urge Congress pass constitutional amendment allowing ............................................................................885, 948 HR 1143-- Cancer research; contributions; urge promotion of income tax checkoff ..................................................................886, 948, 1274,
1597 HR 1144-- Glynn County; convey property..................................................886, 948, 993,
1165, 3270 HR 1145-- BellSouth call centers in Georgia; urge reconsider
relocating ...................................................................................886, 948, 1007, 1398
INDEX
5145
HR 1146-- Joint Study Committee on Limited Access for State Route 316/University Parkway; create.......................................886, 948, 1731
HR 1147-- Dougherty County School System High School/High Tech Program; invite students and teachers to House..................911, 993, 995
HR 1148-- House Study Committee on the Georgia Social Security Supplement Program; create ..............................................................947, 1006
HR 1149-- Dental services; pregnant women; urge Medicaid coverage..............................................................................................947, 1006
HR 1150-- Indemnification; certain survivors; payment and insurance provisions - CA ..................................................................947, 1006
HR 1151-- Lunsford, Sally M.; condolences..................................................................932 HR 1152-- Riverwood High School Lady Raiders volleyball team
and coach Leigh Hudson; Class AAA state champions; commend ......................................................................................................932 HR 1153-- Brown, Sharon Denise; commend................................................................932 HR 1154-- Bland, Joe as Mr. Smyrna; commend ..........................................................932 HR 1155-- Bacon, Patty as Mrs. Smyrna; commend .....................................................932 HR 1156-- Sandy Springs All-Stars Little League Team; commend.............................932 HR 1157-- Newsom, Donald; commend ........................................................................932 HR 1158-- Children's Advocacy Center Day at the capitol; recognize February 25, 2002 ........................................................................933 HR 1159-- GAE Legislative Conference Day; recognize 2/25/02.................................933 HR 1160-- Wetherby, Hon David, M. D.; commend .....................................................933 HR 1161-- Giles, Ret MSG Robert; condolences ..........................................................933 HR 1162-- Sherald, Amos P. III; condolences ...............................................................933 HR 1163-- Funderburg, I. Owen; condolences...............................................................933 HR 1164-- North Springs High School Music Department; commend ......................................................................................................934 HR 1165-- Alligood, Dustin Chad; commend................................................................934 HR 1166-- Hilliard, Valda Catherine; commend............................................................934 HR 1167-- Rowan, Dr. Ed; commend ............................................................................934 HR 1168-- Vogel, Ronald David; commend ..................................................................934 HR 1169-- Gottwals, William Kinlock; commend.........................................................934 HR 1170-- Shepard, David H.; commend ......................................................................935 HR 1171-- Rackley, Joshua Alan; commend .................................................................935 HR 1172-- Painter, Gavin Scott; commend....................................................................935 HR 1173-- Horton, Carmen; commend ..........................................................................935 HR 1174-- Gentry, Mary; commend ..............................................................................935 HR 1175-- Stocker, Bonita; commend ...........................................................................935
5146
INDEX
HR 1176-- Murphy, Honorable Thomas B., Speaker of the House; commend ............................................................................................935, 1027
HR 1177-- Scott, Dennis; commend...............................................................................936 HR 1178-- Joint Study Committee on the Certification or Licensure
of Home Builders and Commercial General Contractors; create...................................................................947, 1007, 1731,
2462 HR 1179-- Portch, Dr. Stephen R.; Chancellor, University System
of Georgia; invite to House ......................................................978, 1731, 1731 HR 1180-- Savannah St. Patrick's Day Parade; invite certain
persons to House ......................................................................978, 1007, 1039 HR 1181-- Georgia Job Corps Centers; invite directors and staff to
House........................................................................................979, 1007, 1039 HR 1182-- Thomas, Will; condolences ..........................................................................986 HR 1183-- Billingsley, Deacon Luke; condolences .......................................................986 HR 1184-- Hall, Deacon James R., Sr.; condolences .....................................................986 HR 1185-- Outlaw, Thomas Eugene "BoJack"; condolences ........................................986 HR 1186-- Burke, William James; condolences ............................................................986 HR 1187-- Dollison, Robert, Jr.; condolences................................................................986 HR 1188-- Williams, M. C.; condolences ......................................................................987 HR 1189-- Terry, William; condolences ........................................................................987 HR 1190-- Richey, Deacon Charlie Rufus, Jr.; condolences .........................................987 HR 1191-- Slaughter, Jasper Eugene; condolences........................................................987 HR 1192-- Ausby, James Lawrence, Sr.; condolences ..................................................987 HR 1193-- Austin, J. W., Sr.; condolences.....................................................................987 HR 1194-- Nelson, Charlie; condolences .......................................................................987 HR 1195-- Stewart, R. Q.; condolences .........................................................................988 HR 1196-- Billingsley, Leon; condolences ....................................................................988 HR 1197-- Parker, Wesley; condolences........................................................................988 HR 1198-- Grier, Deacon Tommie Lee; condolences....................................................988 HR 1199-- Poke, Deacon Zebedee (Zeb); condolences .................................................988 HR 1200-- Bullock, Gary M.; commend........................................................................988 HR 1201-- Clayton, W. Randall "Randy"; commend ....................................................988 HR 1202-- Adams, Ray A.; commend ...........................................................................989 HR 1203-- Kidd, E. Culver "Rusty"; commend .............................................................989 HR 1204-- Georgia Peach Festival; commend ...............................................................989 HR 1205-- DeKalb County School System; teachers awarded
certification by National Board of Professional Teaching Standards; commend ....................................................................989 HR 1206-- Lee, Reverend E. W.; commend...................................................................989
INDEX
5147
HR 1207-- Emergency Medical Services Recognition Day in Georgia; recognize 2/28/02 ..........................................................................989
HR 1208-- Howser, Robin Ferst, the Madison Book Lady; commend ......................................................................................................990
HR 1209-- Lindsey, Charles John "Jake"; condolences .................................................990
HR 1210-- Ellis, Eugene; commend...............................................................................990
HR 1211-- Snapper, Inc.; commend...............................................................................990
HR 1212-- Eleanor Torrey West Day; recognize 3/2/02................................................990
HR 1213-- Smith, Phillip H.; condolences .....................................................................990
HR 1214-- Pelletier, Kandice; commend .......................................................................990
HR 1215-- Veterans Parkway; designate.................................................1006, 1056, 1057, 1183, 2067, 3474, 3749, 4753
HR 1216-- Georgia Agri-Leaders Forum Appreciation Day; 2/26/02......................................................................................995, 1007, 1039
HR 1217-- Stewart County Historical Commission; commend ...................................1035
HR 1218-- Fort Valley Middle School; invite seventh and eighth grade gifted students to appear before the House ..................1038, 1182, 1197
HR 1219-- Ledbetter, Dr. James G., Director, Carl Vinson Institute of Government; invite to House .............................................1038, 1415, 1415
HR 1220-- Commerce High School Competitive Cheerleaders; invite to House........................................................................1038, 1102, 1102
HR 1221-- Watson, Thomas E.; urge U. S. Postal Service adopt stamp honoring .......................................................................1054, 1133, 1589
HR 1222-- Ellis Arnall Highway; designate............................................1055, 1133, 1134, 2521, 4429, 4646
HR 1223-- Georgia Military College Bulldogs; junior college football team; commend.............................................................................1102
HR 1224-- National Nutrition Month in Georgia; designate March, 2002 .......................................................................................1055, 1133, 1181, 1607
HR 1225-- Macon-Bibb County; 2002 Cherry Blossom Festival; invite officials to House .........................................................1074, 1182, 1197
HR 1226-- Wright, G. Bryant; invite to House ........................................1074, 1433, 1440
HR 1227-- Malt beverages; certain labels; urge Alcohol, Tobacco, and Firearms Bureau reconsider approval.............................1132, 1179, 1272, 4320
HR 1228-- Free and Accepted Masons of Georgia and the Order of the Eastern Star; invite members to House ............................1075, 1182, 1197
HR 1229-- Hall, Alfonzo L.; invite to House ...........................................1088, 1102, 1103
HR 1230-- Jefferson High School Varsity Wrestling Team; invite team and coaches to House ....................................................1089, 1182, 1197
5148
INDEX
HR 1231-- Chiropractic Appreciation Day in Georgia; recognize February 26, 2002.......................................................................................1089
HR 1232-- Africa Day at the Georgia State Capitol; recognize February 27, 2002.......................................................................................1089
HR 1233-- Greenwell, Grant David Joseph; commend................................................1089 HR 1234-- Columbus Water Works; 100th anniversary; commend ............................1089 HR 1235-- Athon, Rachel; commend ...........................................................................1090 HR 1236-- Girl Scouts; commemorate founding; recognize Troop
68 pages ......................................................................................................1090 HR 1237-- Waller, Glenna Faye Houk; commend .......................................................1090 HR 1238-- Horne, Jarrett; commend ............................................................................1090 HR 1239-- Lowther, Jill; commend..............................................................................1090 HR 1240-- Baugh, Mary Downer; commend ...............................................................1090 HR 1241-- Shepherd, Carrie Susan Channell; commend.............................................1091 HR 1242-- Lemon, J. W.; commend ............................................................................1091 HR 1243-- Burkhead, Kymberly; Senior Girl Scout; commend ..................................1091 HR 1244-- Craft, William Frank; commend ................................................................1091 HR 1245-- Kyzer, Neil; commend ...............................................................................1091 HR 1246-- Brantley, Elijah; commend.........................................................................1091 HR 1247-- Graham, Debbie; commend........................................................................1091 HR 1248-- Shaw, Megan; commend ............................................................................1092 HR 1249-- Knight, Ulysses; condolences.....................................................................1092 HR 1250-- Walker, Christopher; commend .................................................................1092 HR 1251-- Kyzer, Leslie; commend.............................................................................1092 HR 1252-- Buxton, Mary Jo; commend .......................................................................1092 HR 1253-- Bostic, Norman; commend.........................................................................1092 HR 1254-- Higgs, Hilary; commend ............................................................................1092 HR 1255-- Jackson, Mickey; commend .......................................................................1092 HR 1256-- Miller, Barbara; commend .........................................................................1093 HR 1257-- Calhoun, Charlene; commend ....................................................................1093 HR 1258-- Walter, Ricky; commend............................................................................1093 HR 1259-- Boatright, Phillip, Jr.; commend ................................................................1093 HR 1260-- Heaton, Scott; commend ............................................................................1093 HR 1261-- Strickland, Orlando; commend...................................................................1093 HR 1262-- Edge, Johnnie; commend ...........................................................................1093 HR 1263-- Meeks, Mitchell; commend........................................................................1093 HR 1264-- Baker, Jessica; commend ...........................................................................1093 HR 1265-- Strickland, Tangela; commend...................................................................1094 HR 1266-- Zellner, Lewis; commend...........................................................................1094
INDEX
5149
HR 1267-- Rowland, Joey; commend ..........................................................................1094 HR 1268-- Oberry, Don; commend..............................................................................1094 HR 1269-- Walker, Takiya; commend .........................................................................1094 HR 1270-- Police Chiefs and Heads of Law Enforcement Agencies
Recognition Day; February 27, 2002 .........................................................1094 HR 1271-- TechBridge; commend; recognize Digital Ball; April
13, 2002 ......................................................................................................1094 HR 1272-- Lanier, Anson "Brent"; condolences ..........................................................1094 HR 1273-- Funderburg, Ilon Owen; condolences ........................................................1095 HR 1274-- Groome, James H. (Jim); commend...........................................................1095 HR 1275-- African American Railroader Month; recognize
February 2002.............................................................................................1095 HR 1276-- Navy League of the United States; commend............................................1095 HR 1277-- Gregory, Roxanne; condolences.................................................................1095 HR 1278-- Ringgold High School Wrestling Team; commend ...................................1095 HR 1279-- Smith, Stacy; commend..............................................................................1096 HR 1280-- Lancaster, Micah; commend ......................................................................1096 HR 1281-- Stroke Awareness Month; designate month of May ..................................1096 HR 1282-- Read Across America campaign; endorse..................................................1096 HR 1283-- Sonny Dixon Interchange; designate.....................................1132, 1179, 1180,
2521, 2641 HR 1284-- Smith, Robert J.; invite to House ...........................................1119, 1731, 1732 HR 1285-- Chesley V. Morton Interchange; designate ......................................1178, 1284 HR 1286-- Staff Sgt. Avely W. Runnels Memorial Highway;
designate ...........................................................................................1178, 1284 HR 1287-- Chatham County; convey property........................................1179, 1284, 2254,
2578 HR 1288-- National motto; urge support.................................................1159, 1179, 1918,
2603 HR 1289-- "Governor's Council on Developmental Disabilities
Day" at the Capitol; observe February 28, 2002 ........................................1157 HR 1290-- Whitaker, Shirley; commend......................................................................1157 HR 1291-- Slosheye Trail Big Pig Jig; commend ........................................................1157 HR 1292-- Stowers, Edward H.; commend..................................................................1157 HR 1293-- Emergency situation at Tri-State Crematory; urge
federal assistance ..............................................................................1179, 1284 HR 1294-- Adjournment; relative to ..................................................................1198, 1294 HR 1295-- Sandtown A's Softball Team; commend ....................................................1235 HR 1296-- J. T. "Sonny" King Memorial Regional Office of the
Georgia Bureau of Investigation; designate ..........................1283, 1430, 2254, 2462, 3689
5150
INDEX
HR 1297-- Eagle's Landing Christian Academy Wrestling Team; commend ....................................................................................................1236
HR 1298-- Bruce, Honorable Byrd Martin; commend.................................................1237
HR 1299-- Herndon, Cristina; commend .....................................................................1237
HR 1300-- Union County Hospital Authority; administration and staff; commend ...........................................................................................1237
HR 1301-- 21st Century Leaders Day at the Capitol; recognize March 1, 2002.............................................................................................1237
HR 1302-- North Georgia College and State University's Corps of Cadets; commend .......................................................................................1237
HR 1303-- Cone, Jim; condolences..............................................................................1237
HR 1304-- Griffith, Shaun Miles; commend................................................................1237
HR 1305-- Smith, Allen Marcus; condolences.............................................................1238
HR 1306-- Blue Ridge Rifles and Color Guard of North Georgia College and State University; 2002 precision military drill team national champions; commend ..................................................1238
HR 1307-- Williamson, Linda; commend ....................................................................1238
HR 1308-- House Tourism and Sports Marketing Study Committee; create..................................................................1283, 1430, 1731, 2067
HR 1309-- Silver-Haired Legislature; invite representatives to House................................................................................................1416, 1416
HR 1310-- Roper, William B., Jr.; invite to House ..................................1416, 1731, 1732
HR 1311-- Leverette, Mrs. Eulalie; commend .............................................................1413
HR 1312-- Rockmart High School Wrestling Team and Coach Kelly McDurmon; commend......................................................................1413
HR 1313-- Glover, Henrietta Walker; condolences .....................................................1413
HR 1314-- Fandl, Bob; condolences ............................................................................1414
HR 1315-- Davis, Dorothy and E. J.; commend...........................................................1414
HR 1316-- Denmark, Dr. Leila Daughtry; commend...................................................1414
HR 1317-- Brannen, Thomas Jesse; commend ............................................................1414
HR 1318-- Six Flags Over Georgia; 35th anniversary; commend ...............................1414
HR 1319-- Ronnie Green Parkway; designate ........................................1427, 1633, 1633, 2521, 2641, 3689
HR 1320-- Blue Star Memorial Highway; designate portion of Covington Highway; "Wright's Crossing"; designate certain intersection ................................................................1427, 1633, 2254, 2462, 4484
HR 1321-- House Biodiesel Study Committee; create............................1428, 1633, 3335, 4395
INDEX
5151
HR 1322-- House Arts Education Study Committee; create...................1428, 1633, 2613, 2642
HR 1323-- House Tow Truck Rapid Response Study Committee; create.................................................................................................1428, 1633
HR 1324-- Manufacturing Extension Partnership; urge Congress restore funding.......................................................................1428, 1633, 2004, 2988
HR 1325-- Veterans Memorial Highway; designate portion of SR 17 ......................................................................................................1429, 1633
HR 1326-- Commission on Fairness for Prisoners' Families; create..................1429, 1633 HR 1327-- Technology Corridor; designate portion of SR 10/US
78; Georgia's High Tech Corridor; designate portion of US 41 .....................................................................................1429, 1633, 2345,
2643, 3690, 4556 HR 1328-- House Collegiate Athletic Association Disciplinary
Study Committee; create .................................................................1632, 1752, 3335, 4395
HR 1329-- Georgia Association of Insurance Women; commend...............................1591 HR 1330-- Truelove, Elmer G.; condolences ...............................................................1591 HR 1331-- Agnes Scott College; commend .................................................................1591 HR 1332-- North Cobb High School "Warrior" Marching Band;
commend ....................................................................................................1591 HR 1333-- Hays, J. Dixon; commend ..........................................................................1591 HR 1334-- Dudley, City of; commend on its Centennial.............................................1591 HR 1335-- Price, Reverend Perry; commend...............................................................1592 HR 1336-- Bowen, Rebecca Proctor; commend ..........................................................1592 HR 1337-- Akins, John Roger; condolences ................................................................1592 HR 1338-- Mayes, Alva L., Jr., MD; commend...........................................................1592 HR 1339-- Poynter, Honorable Randy; condolences ...................................................1592 HR 1340-- Paris, H. D. "Dick"; commend ...................................................................1592 HR 1341-- Guyton United Methodist Church Men's Bible Class;
commend ....................................................................................................1593 HR 1342-- Anderson, Gerald Von "Jerry", Jr.; commend............................................1593 HR 1343-- Jones, Dr. Mack Henry; commend.............................................................1593 HR 1344-- Gendron, Patricia A.; commend .................................................................1593 HR 1345-- Whitaker, Ida Yancey; commend...............................................................1593 HR 1346-- Black, Thomas O.; commend .....................................................................1593 HR 1347-- Cooley, Jan; commend ...............................................................................1593 HR 1348-- DeWayne King, USMC, Memorial Bridge; designate;
Max Lockwood Highway; designate portion of US 441.......1632, 1752, 1753, 2521, 2642
5152
INDEX
HR 1349-- Coats, Reverend Joseph C., Sr.; condolences ............................................1727 HR 1350-- Johnson, Johnny C.; condolences...............................................................1727 HR 1351-- St. Clair, Collier; condolences....................................................................1727 HR 1352-- Pelote, Honorable Dorothy B.; commend ..................................................1727 HR 1353-- Senior Week at the Capitol; recognize.......................................................1728 HR 1354-- Sportsmen's Day at the state capitol; recognize
Tuesday, March 19, 2002 ...........................................................................1728 HR 1355-- Warren, Johnny; commend.........................................................................1728 HR 1356-- Blank, Arthur M.; commend ......................................................................1728 HR 1357-- Clergy Day at the Georgia State Capitol; recognize ..................................1728 HR 1358-- Andrews, James Alvin, Sr.; condolences ...................................................1728 HR 1359-- McMillan, Jesse; commend........................................................................1728 HR 1360-- Harris, Elmon Joe; commend .....................................................................1729 HR 1361-- Usry, Mary Lou English; congratulations on 100th
birthday.......................................................................................................1729 HR 1362-- Complementary/Alternative Medical Association;
commend ....................................................................................................1729 HR 1363-- Moody, Beverly; commend........................................................................1729 HR 1364-- Patch, Ruth; commend ...............................................................................1729 HR 1365-- Georgia Institute of Technology; commend...............................................1729 HR 1366-- Freeman, Dr. Arthur; commend .................................................................1729 HR 1367-- Savannah Arts Academy Academic Decathlon Team;
commend ....................................................................................................1730 HR 1368-- Fielder, Wayne; commend .........................................................................1730 HR 1369-- New York Shields Pipes and Drums Band; commend...............................1730 HR 1370-- Sheppard, Ronald; commend .....................................................................1730 HR 1371-- The Charles E. Bradshaw Pedestrian Bridge in the City
of Franklin Springs; endorse ......................................................................1730 HR 1372-- Joint Study Committee on Economic Development
Through the Investment of State Pension Funds into Private Equities; create..........................................................1751, 2000, 2215,
2467, 4323, 4636 HR 1373-- Henry P. Russell, Jr., Parkway; designate.............................1751, 2000, 2002,
2521, 2642, 3689 HR 1374-- Wood, Honorable Joe T., Sr.; place portrait at Georgia
War Veterans Home ..............................................................1751, 2000, 2003, 2565, 3761
HR 1375-- Parkview High School Boys Swim and Diving Team; commend ....................................................................................................1776
HR 1376-- The Heritage School Hawks boys basketball team; invite coaches and players to House.......................................1775, 1918, 1924
INDEX
5153
HR 1377-- Bleckley County High School cheerleading squad and coaches; invite to House.........................................................1775, 1918, 1970
HR 1378-- Northeast High School Girls Basketball Team and coaches; invite to House.............................................................................1775
HR 1379-- Horne, Jarrett; invite to House ...............................................1775, 2215, 2215 HR 1380-- Malhotra, Ruth; invite to House .............................................1775, 2215, 2216 HR 1381-- Goudreau, Scott and Jim Heck; Marietta Firefighters;
invite to House............................................................................................1775 HR 1382-- House Study Committee on Fair Vehicle Taxation;
create.................................................................................................1999, 2263 HR 1383-- House apportionment; single-member districts - CA.......................1999, 2263 HR 1384-- Ezzard, Martha McElveen; invite to House ...........................1924, 2215, 2216 HR 1385-- Futrelle, Kathleen Shearouse; commend on 100th
birthday.......................................................................................................1919 HR 1386-- Hilley, Irene Benner; commend .................................................................1919 HR 1387-- Westside High School girls volleyball team; commend ............................1919 HR 1388-- Westside High School girls soccer team; commend ..................................1920 HR 1389-- Westside High School boys soccer team; commend..................................1920 HR 1390-- Westminster Preparatory School boys soccer team;
commend ....................................................................................................1920 HR 1391-- Harris, Robert Patrick; commend...............................................................1920 HR 1392-- Hill, Brittany; commend.............................................................................1920 HR 1393-- Tankersley, Terrance Alton; condolences ..................................................1920 HR 1394-- Cabe, Stephen; commend ...........................................................................1920 HR 1395-- Wells, Graham; commend..........................................................................1921 HR 1396-- Hunter, Matthew Crow; commend.............................................................1921 HR 1397-- McCraney, Theresa; commend...................................................................1921 HR 1398-- Saltamacchio, Ray; commend ....................................................................1921 HR 1399-- MacGregor, Elizabeth; commend...............................................................1921 HR 1400-- Atlanta University Day; recognize .............................................................1921 HR 1401-- Hurt, Jim; condolences ...............................................................................1921 HR 1402-- Densmore, William Glover "Billy"; condolences ......................................1921 HR 1403-- Partnership for Health and Accountability; commend...............................1922 HR 1404-- Model High School's centennial celebration; recognize ............................1922 HR 1405-- Densmore, William Glover "Billy"; condolences ......................................1922 HR 1406-- Mattison, Faye; commend ..........................................................................1922 HR 1407-- Phi Mu Fraternity; recognize 150th anniversary........................................1922 HR 1408-- Riddle, John; condolences..........................................................................1922 HR 1409-- Cole, Dr. Thomas W., Jr.; commend..........................................................1923
5154
INDEX
HR 1410-- Georgia Storytelling Week; recognize November 17-23, 2002 ............................................................................................................1923
HR 1411-- International Women's Month and Astrid Y. Pregel; commend ....................................................................................................1923
HR 1412-- Sales tax for educational purposes; apply certain exemptions - CA...............................................................................1999, 2263
HR 1413-- House Paraprofessionals Study Committee; create...............1999, 2263, 2958, 3671
HR 1414-- School prayer; proposed amendment to U.S. Constitution; express support ................................................2000, 2263, 2730, 3235
HR 1415-- YWCA of Greater Atlanta; commend on 100th anniversary; invite representatives to House..........................1970, 2375, 2376
HR 1416-- Harris, C. Duane; commend .......................................................................2072
HR 1417-- Georgia Athletic Coaches Association Hall of Fame; express support for .....................................................................................2072
HR 1418-- Georgia Association of Homes and Services for Children; commend ....................................................................................2072
HR 1419-- Smith, His Excellency Mr. Peter J. and Suzanne Duffin Smith; commend.........................................................................................2072
HR 1420-- Lakeside High School; Mr. Richard Barbe and Dr. John Carr; commend; recognize We the People... Project Citizen.........................................................................................................2072
HR 1421-- Taffar, Donna; commend ...........................................................................2073
HR 1422-- White, Milton J.; condolences....................................................................2073
HR 1423-- Rocker, Deputy Chief Bobby "B.J."; condolences.....................................2073
HR 1424-- Warner Robins First Assembly of God; commend ....................................2073
HR 1425-- Braun, Carol Moseley; commend...............................................................2073
HR 1426-- Armstrong Atlantic State University; commend........................................2073
HR 1427-- Clayton County's STAR Students and Teachers; commend ....................................................................................................2073
HR 1428-- Wilson, Elizabeth Thomas; commend .......................................................2074
HR 1429-- Cameron, Earlene; commend .....................................................................2074
HR 1430-- Lambert, Christa; commend .......................................................................2074 HR 1431-- Wilson, Honorable Steve; commend..........................................................2074
HR 1432-- Purcell, Teresa Diane; commend................................................................2074
HR 1433-- Johnson, Leslie T.; commend.....................................................................2074
HR 1434-- Denty, Jamie; commend .............................................................................2074
HR 1435-- Pye, Paula; commend .................................................................................2075
HR 1436-- Cason, Kimberly Keith; commend.............................................................2075
INDEX
5155
HR 1437-- American Association of University Women of Georgia; recognize and commend..............................................................2075
HR 1438-- Ormes, Betty; commend.............................................................................2075 HR 1439-- Manning, Kipp Monroe; commend............................................................2075 HR 1440-- Eckle, Linda L.; commend .........................................................................2075 HR 1441-- Gordon, Karen Leigh; commend................................................................2075 HR 1442-- Brannen, Monica L.; commend..................................................................2075 HR 1443-- Inglis, Dr. Pete, Jr.; commend ....................................................................2076 HR 1444-- Altman, Eston; condolences .......................................................................2076 HR 1445-- Greene, Tranese Marie and Nichole Marie; commend ..............................2076 HR 1446-- Tuck, Thad; commend................................................................................2076 HR 1447-- University System of Georgia Outstanding Scholars;
commend ....................................................................................................2076 HR 1448-- McLendon, Robert; commend....................................................................2076 HR 1449-- Reed, Bobby, Jr.; condolences ...................................................................2076 HR 1450-- Neville, Mark W.; condolences..................................................................2077 HR 1451-- Georgia Peanut Producers Association; recognize.....................................2077 HR 1452-- Hall, Rodney J.; condolences .....................................................................2077 HR 1453-- Griffin, C. A. "Tony"; condolences............................................................2077 HR 1454-- Walnut Fork Baptist Church; recognize 200th
anniversary .................................................................................................2077 HR 1455-- Owen, C. Ann Perry; commend .................................................................2077 HR 1456-- Seagroves, Richard M.; commend .............................................................2078 HR 1457-- Deborah Green Jackson estate; certain gift; urge
recognition and plaque .....................................................................2262, 2404 HR 1458-- Natural gas; certain actions; urge Public Service
Commission investigate and make recommendations .....................2262, 2403 HR 1459-- Cross Keys High School Indians boys basketball team;
invite the coach and team to House........................................2307, 2406, 2481 HR 1460-- Wilkinson County High School basketball team; invite
team and coaches to House ....................................................2307, 2406, 2482 HR 1461-- Parkview High School Boys Swim and Diving Team;
invite to House............................................................................................2308 HR 1462-- Brooks, Superintendent Richard C.; commend..........................................2304 HR 1463-- Hodges, John; condolences ........................................................................2304 HR 1464-- Campbell, Vivian Yates; commend on 88th birthday................................2304 HR 1465-- Savannah Arts Academy; Professional Association of
Georgia; and the Georgia Academic Decathlon; commend ....................................................................................................2304 HR 1466-- Fahey, Eddie; commend .............................................................................2304
5156
INDEX
HR 1467-- Deal, Wiley; commend...............................................................................2305 HR 1468-- Norris, Dantwan; commend .......................................................................2305 HR 1469-- Hunter, Sherri; commend ...........................................................................2305 HR 1470-- Braswell, Michelle; commend....................................................................2305 HR 1471-- Scott, Wyman; commend ...........................................................................2305 HR 1472-- Webb, Lance; commend.............................................................................2305 HR 1473-- Dent, Marci; commend...............................................................................2305 HR 1474-- Pullen, Terron; commend ...........................................................................2305 HR 1475-- Yarini, Margaret; commend .......................................................................2305 HR 1476-- Covey, Cecile; commend ...........................................................................2306 HR 1477-- Carter, Bishop C. L., Sr.; commend ...........................................................2306 HR 1478-- Sartain, Lydia; commend ...........................................................................2306 HR 1479-- Walker County; certain families; condolences;
commend certain officials ..........................................................................2306 HR 1480-- "Mike" Company of the Third Battalion, Seventh
Marine Division; commend........................................................................2306 HR 1481-- Griffin, Jennifer Ryan; commend...............................................................2306 HR 1482-- Souther, Ruth; condolences........................................................................2306 HR 1483-- Shields-Ethridge Farm; recognize ..............................................................2307 HR 1484-- Saint Luke Missionary Baptist Church; commend on
100th anniversary .......................................................................................2307 HR 1485-- Walker, Jimmy and Janette; commend ......................................................2307 HR 1486-- Johnson, Jartavious and Prince Lewis; invite to House .........2308, 2481, 2482 HR 1487-- McNeely, Walter Boone; certain contributions; urge
Department of Natural Resources recognize.........................2403, 2695, 2781, 2957
HR 1488-- Culloden Highland Games and Scottish Festival; invite city officials and certain members to House ..........................2375, 4378, 4394
HR 1489-- Adjournment; relative to ..................................................................2395, 2485 HR 1490-- Jonesboro High School Mock Trial Team; invite team
and coaches to House .............................................................2397, 2406, 2482 HR 1491-- Phillips, Jimmy; invite to House ............................................2482, 2730, 2778 HR 1492-- House State Law Enforcement Officers' Advocate
Study Committee; create ........................................................2694, 2729, 2958 HR 1493-- House Study Committee on Severe Weather Warning
and Communications; create ..................................................2694, 2729, 2958 HR 1494-- Collins Hill High School Wrestling Team and Coach
Cliff Ramos; invite to House..................................................2613, 4378, 4394 HR 1495-- Goel, Amit; commend ................................................................................2715 HR 1496-- Carter, Don; commend ...............................................................................2716
INDEX
5157
HR 1497-- Drew, Randy; commend.............................................................................2716 HR 1498-- Adams, Bradley; commend ........................................................................2716 HR 1499-- Henderson, Keenan; commend...................................................................2716 HR 1500-- Brown, Gabe; commend.............................................................................2716 HR 1501-- Benson, Christopher; commend .................................................................2716 HR 1502-- Kelly, Coach Dick; Dodge County High School;
commend ....................................................................................................2716 HR 1503-- Roberts, Jesse; commend ...........................................................................2717 HR 1504-- Sawyer, Joan; commend.............................................................................2717 HR 1505-- Ponder, Margaret; condolences ..................................................................2717 HR 1506-- Collins Hill High School Wrestling Team and Coach
Cliff Ramos; commend ..............................................................................2717 HR 1507-- Hughes, Michael H. S.; commend..............................................................2717 HR 1508-- Lawson, Petty Officer Jason; condolences.................................................2717 HR 1509-- Hayes, Lester R., Sr.; condolences.............................................................2718 HR 1510-- Adams, Brandon; commend .......................................................................2718 HR 1511-- Williams, Rudene; commend .....................................................................2718 HR 1512-- Romine, Ted O.; commend ........................................................................2718 HR 1513-- Hayes, Andrew; commend .........................................................................2718 HR 1514-- Freihaut, Dr. John F.; commend.................................................................2718 HR 1515-- Cobb Family Resources Day; recognize at state capitol ............................2718 HR 1516-- Hugueley, Kristin Elizabeth; condolences .................................................2719 HR 1517-- Starr, Wade, Sr.; commend ........................................................................2719 HR 1518-- Hollowell, Donald Lee; commend .............................................................2719 HR 1519-- Elijah Summitt Lodge #309; commend .....................................................2719 HR 1520-- Lee, Sergeant First Class (Ret.) Ulysses; condolences ..............................2719 HR 1521-- Phillips, Jimmy; commend .........................................................................2719 HR 1522-- Vance, Phillip A.; commend ......................................................................2719 HR 1523-- McKenzie, Terry A.; commend..................................................................2720 HR 1524-- Francis S. Bartow Camp No. 93 of the Sons of
Confederate Veterans; commend ...............................................................2720 HR 1525-- Savannah Chapter No. 2 of the United Daughters of the
Confederacy; commend..............................................................................2720 HR 1526-- Turner, Blake; commend............................................................................2720 HR 1527-- Parks, Bernie; commend.............................................................................2720 HR 1528-- 209th AAA Battalion A Battery; recognize 21st reunion ..........................2720 HR 1529-- Power Team and Dr. Scot Cressman, Shawn Harper,
Marc Wilkes, and Greg Lewis; commend..................................................2720 HR 1530-- Lady Saints Basketball Team of the North Georgia
College and State University; commend ....................................................2721
5158
INDEX
HR 1531-- Burd, Dr. John S., President of Brenau University; commend ....................................................................................................2721
HR 1532-- Rules of House; amend Rule 27 .............................................2728, 2786, 2786 HR 1533-- Rules of House; amend Rule 7 ...............................................2728, 2786, 2786 HR 1534-- Twiggs Academy girls basketball team; invite to House.......2757, 2761, 2779 HR 1535-- Moreland, Laura L., Miss Savannah 2002; invite to
House......................................................................................2757, 2787, 2855 HR 1536-- Health; hepatitis C; urge increased awareness .......................2785, 2898, 3334 HR 1537-- Certain controversial subjects; urge Education
Department develop curricula ................................................2729, 2786, 2892 HR 1538-- Children of certain deceased law enforcement officers;
urge free college tuition....................................................................2785, 2898 HR 1539-- Toll revenues; urge using only for original projects ........................2785, 2898 HR 1540-- Taylor County High School boys basketball team;
invite team and coaches to House ..........................................2855, 3169, 3270 HR 1541-- Gillis, Honorable Hugh Marion; name public fishing
area honoring..........................................................................2897, 3168, 3637 HR 1542-- George W. Potts Memorial Highway; designate..............................2898, 3168 HR 1543-- Thompkins, Reverend S. T.; commend......................................................2857 HR 1544-- Thomas, Ashley; commend........................................................................2857 HR 1545-- Stephenson High School Girls Varsity Basketball
Team; commend .........................................................................................2857 HR 1546-- Watkins, Coach Dennis C., Jr.; commend..................................................2857 HR 1547-- Stephenson High School Girls Junior Varsity 2001-
2002 Basketball Team; commend ..............................................................2857 HR 1548-- Senior Connections; commend...................................................................2857 HR 1549-- Odom, Earl George; condolences...............................................................2858 HR 1550-- McClure, Fire Chief Scotty; commend ......................................................2858 HR 1551-- Ashburn, David; commend.........................................................................2858 HR 1552-- James, Ethan; commend .............................................................................2858 HR 1553-- Wilson, Sheriff Steve; commend................................................................2858 HR 1554-- Franklin, District Attorney "Buzz"; commend...........................................2858 HR 1555-- Wilson, Coroner Dewayne; commend .......................................................2858 HR 1556-- Hunnicutt, Thomas R. (Tommy); commend ..............................................2859 HR 1557-- Hill, J. C.; commend...................................................................................2859 HR 1558-- Stallings, Dr. Mark; commend ...................................................................2859 HR 1559-- Williams, Reverend Clarence, Jr.; commend .............................................2859 HR 1560-- Baldwin, Buren; commend.........................................................................2859 HR 1561-- Goss, Anthony; commend ..........................................................................2859 HR 1562-- Hollis, Casey; commend.............................................................................2859
INDEX
5159
HR 1563-- Swinford, Jason; commend ........................................................................2860 HR 1564-- Ely, Brian L.; commend .............................................................................2860 HR 1565-- Johnson, William Matthew; commend.......................................................2860 HR 1566-- Trion High School Debate Team; commend..............................................2860 HR 1567-- Smith, Savannah Sunshine; commend .......................................................2860 HR 1568-- Coachman, Alice; commend ......................................................................2860 HR 1569-- Pelote, Honorable Dorothy; commend.......................................................2860 HR 1570-- Wicker, Lucy Best; commend ....................................................................2861 HR 1571-- Hamrick, Dave; condolences......................................................................2861 HR 1572-- Rosbach, Kelsey; commend .......................................................................2861 HR 1573-- Hammond, Bishop Douglas C.; commend.................................................2861 HR 1574-- Topper, Erwin; commend...........................................................................2861 HR 1575-- Holly Theatre Community Center, Inc.; commend....................................2861 HR 1576-- Lumpkin County Historical Society, Inc.; commend.................................2861 HR 1577-- Keenum, Don and Dr. A. Evan Boddy; commend.....................................2862 HR 1578-- Taylor County High School boys basketball team;
commend ....................................................................................................2862 HR 1579-- Lavonia, Georgia; commend mayor, council, municipal
staff, and citizens........................................................................................2862 HR 1580-- Morrison, James William; condolences .....................................................2862 HR 1581-- Davis, Carl and Jene; commend .................................................................2862 HR 1582-- Phillips, Rev. James Carroll; commend .....................................................2862 HR 1583-- Collins Hill High School girls basketball team;
commend ....................................................................................................2862 HR 1584-- Harrell, W. D. "Cuz"; condolences ............................................................2863 HR 1585-- Stout, Marc Thomas; commend .................................................................2863 HR 1586-- Calloway, Leonard "Tippy"; condolences..................................................2863 HR 1587-- Newton, Mollie Eileen; condolences .........................................................2863 HR 1588-- Johnson, Dr. Lillian Patricia; condolences.................................................2863 HR 1589-- Goggins, Walton; commend.......................................................................2863 HR 1590-- Wood, Reverend Steven Doyle; commend ................................................2864 HR 1591-- Glynn County Public Schools; Golden Rule Award
Winners, 2001-2002; commend .................................................................2864 HR 1592-- Certain Walker County and state officials; invite to
House......................................................................................2892, 2958, 2963 HR 1593-- Heiskell, Bebe; Walker County Commissioner;
commend ....................................................................................................2892 HR 1594-- House Study Committee on the Death Penalty; create ..........2898, 3168, 4378 HR 1595-- James Virgil Johnson Bridge; designate ..........................................2898, 3168
5160
INDEX
HR 1596-- Georgia College and State University Lady Bobcats basketball team; commend .........................................................................2960
HR 1597-- Lyons, Betty; commend .............................................................................2960 HR 1598-- Baker, Lumis, Jr.; condolences ..................................................................2960 HR 1599-- Pelote, Jesse Leroy; condolences ...............................................................2960 HR 1600-- Hodges, Dr. Coy L.; commend...................................................................2960 HR 1601-- Greenbaum, Irwin; condolences.................................................................2960 HR 1602-- Pike, Frank; commend................................................................................2961 HR 1603-- Miller, Michael; Lake Oconee DUI and Defensive
Driving Institute; commend........................................................................2961 HR 1604-- Beck, Jim C.; commend .............................................................................2961 HR 1605-- Stevens, Ronnie Joseph; condolences ........................................................2961 HR 1606-- Aids Awareness Day at the state capitol; recognize
April 9, 2002...............................................................................................2961 HR 1607-- Wilson, Sandy; commend...........................................................................2961 HR 1608-- Hunter, Vernon "Mutt"; commend.............................................................2961 HR 1609-- Whitlock, James Wendell; commend.........................................................2962 HR 1610-- York, Hannah Nicole; commend................................................................2962 HR 1611-- Blackshear High School FFA String Band; commend;
S. V. Lee, Gene Davis, and Tony Cason; invite to House......................................................................................2963, 3169, 3233 HR 1612-- Human cloning; urge federal legislation to ban ...............................3168, 3465 HR 1613-- Live Oak Landfill; urge Governor and General Assembly order closing ....................................................................3464, 4377 HR 1614-- Burns, Rochelle; commend ........................................................................3313 HR 1615-- Loftin, Bill O.; commend ...........................................................................3313 HR 1616-- Roberts, Pastor Tony D.; commend ...........................................................3313 HR 1617-- Riverside Middle School; commend ..........................................................3313 HR 1618-- Griffin, Gail; commend ..............................................................................3313 HR 1619-- Pharmacia Corporation of Peapack, New Jersey; commend ....................................................................................................3313 HR 1620-- Stevens Creek Elementary School; commend ...........................................3314 HR 1621-- Grabrik Baseball Club youth team; commend ...........................................3314 HR 1622-- Vickery, Wassie; commend........................................................................3314 HR 1623-- Bell, Hudson Lewis, Sr.; condolences........................................................3314 HR 1624-- Simmons, Charles Leroy "Buck"; commend .............................................3314 HR 1625-- Loftis, Marie; commend .............................................................................3314 HR 1626-- Joiner, Charles Michael, Jr.; commend ......................................................3314 HR 1627-- Brown, Retha Hollis; commend .................................................................3315 HR 1628-- Whitaker, John; condolences......................................................................3315
INDEX
5161
HR 1629-- Bell, Charles Turner; commend .................................................................3315 HR 1630-- Newton, Dr. Su Hua; commend .................................................................3315 HR 1631-- Johnston, Emily Jean; commend ................................................................3315 HR 1632-- Rossman, Laura Marie; commend..............................................................3315 HR 1633-- Augusta State University men's basketball team;
commend ....................................................................................................3315 HR 1634-- King, DeWayne; condolences ....................................................................3316 HR 1635-- Lockwood, Max; commend........................................................................3316 HR 1636-- Massey, James Leroy; commend................................................................3316 HR 1637-- Hallford, Dr. James R.; commend..............................................................3316 HR 1638-- Mt. Zion, City of; commend on 150th anniversary....................................3316 HR 1639-- McKinnon, Ray; commend ........................................................................3316 HR 1640-- Cash, Dr. Robert Grady; condolences ........................................................3316 HR 1641-- Goodman, Gwendolyn P.; commend .........................................................3317 HR 1642-- Sajwan, Professor Kenneth; commend.......................................................3317 HR 1643-- Salter, Alex; commend ...............................................................................3317 HR 1644-- Bell, Carolyn Hodges; commend ...............................................................3317 HR 1645-- Hayes, Andrew; commend .........................................................................3317 HR 1646-- Brown, Carlton E.; commend.....................................................................3317 HR 1647-- Atlanta Beat soccer team; commend ..........................................................3318 HR 1648-- Bates, William M.; commend.....................................................................3318 HR 1649-- Cash, Dr. Robert Grady; condolences ........................................................3318 HR 1650-- House Committee on Psychiatric Medication of School-
Age Children; create.........................................................................3464, 4377 HR 1651-- National missile defense system; urge Congress oppose .................3464, 4377 HR 1652-- House Student Financial Planning Study Committee;
create...........................................................................................................4377 HR 1653-- Hightower, Robert; Commissioner, Department of
Public Safety; commend.............................................................................3630 HR 1654-- Keenan, Vernon M.; Assistant Director, Georgia
Bureau of Investigation; commend ............................................................3630 HR 1655-- Nix, Milton E. "Buddy", Jr.; Director, Georgia Bureau
of Investigation; commend.........................................................................3630 HR 1656-- Stultz, Sgt. 1st Class Don; Georgia State Patrol;
commend ....................................................................................................3630 HR 1657-- Sperry, Dr. Kris L.; Chief Medical Examiner, Georgia
Bureau of Investigation; commend ............................................................3630 HR 1658-- Sorrells, Capt. Keith; Georgia State Patrol; commend...............................3631 HR 1659-- Ellis, Colonel George; Georgia State Patrol; commend.............................3631
5162
INDEX
HR 1660-- Bankhead, John; Director of Public Affairs of the Georgia Bureau of Investigation; commend ..............................................3631
HR 1661-- McConnell, Gary; Director, Georgia Emergency Management Agency; commend................................................................3631
HR 1662-- Decatur County-Gilbert H. Gragg Library; commend ...............................3631 HR 1663-- Byrd, Rick; commend.................................................................................3631 HR 1664-- Johnson, Grooms; commend ......................................................................3631 HR 1665-- Tybee Island Beach Task Force; commend ...............................................3632 HR 1666-- Mantiply, Mary; commend.........................................................................3632 HR 1667-- Dalton High School Catamounts football team;
commend ....................................................................................................3632 HR 1668-- Larios, Rachel Moriah; commend ..............................................................3632 HR 1669-- Lomotey, President Kofi; commend ..........................................................3632 HR 1670-- Frazier, Colonel Willie L.; commend.........................................................3632 HR 1671-- George, Brandon Edwards; commend .......................................................3632 HR 1672-- Willis, Robert (Chick); commend ..............................................................3633 HR 1673-- Reid, Barry W.; commend..........................................................................3633 HR 1674-- Whitworth, Morene; commend ..................................................................3633 HR 1675-- Webster, Paula; commend..........................................................................3633 HR 1676-- Johnson, Carol Mushett, M.Ed., C.S.W., C.T.R.S.;
commend ....................................................................................................3633 HR 1677-- Morningside Baptist Church Wild Game Supper;
commend ....................................................................................................3633 HR 1678-- Pellom, Ephraim Bryan; condolences ........................................................3633 HR 1679-- Osborn, Ola Bell Legg; condolences..........................................................3634 HR 1680-- Arnold, Sarah Ann Gates; condolences......................................................3634 HR 1681-- U.S.-Japan Exchange on Women in Public Policy
participants; commend ...............................................................................3634 HR 1682-- Gladden, Joseph R., Jr.; commend .............................................................3634 HR 1683-- All-Southern Crescent 2002 Girls Basketball Team;
commend ....................................................................................................3634 HR 1684-- All-Southern Crescent 2002 Boys Basketball Team;
commend ....................................................................................................3634 HR 1685-- Lung, Marty; commend..............................................................................3635 HR 1686-- Watkins, Emma Jean Beasley; condolences ..............................................3635 HR 1687-- Smith, Reverend William; commend .........................................................3635 HR 1688-- Robertson, Pat; commend...........................................................................3635 HR 1689-- Jackson, William S. "Bill", Sr.; commend .................................................3635 HR 1690-- Savannah-Chatham County Governmental
Consolidation Study Committee; commend members...............................3635
INDEX
5163
HR 1691-- Lyons, Patricia; commend..........................................................................3636 HR 1692-- Plutonium transported through state; safety of citizens;
urge congressional action to ensure............................................................4377 HR 1693-- Adjournment; relative to ..................................................................4312, 4329 HR 1694-- Swain, Rex Allen; commend......................................................................4369 HR 1695-- Terrorism; protection of citizens and resources; relative
to .................................................................................................................4377 HR 1696-- Adjournment; relative to ........................................................4741, 4751, 4893 HR 1697-- Moody, Frank; condolences .......................................................................4868 HR 1698-- Woodcock, Michael Lee; condolences.......................................................4869 HR 1699-- Kaufmann, Dr. James A; condolences .......................................................4869 HR 1700-- Moore, William "Bill"; commend ..............................................................4869 HR 1701-- Speir, Don; commend.................................................................................4869 HR 1702-- Purcell, Dr. Luann; commend ....................................................................4869 HR 1703-- Franklin Aluminum Company, Inc.; commend .........................................4869 HR 1704-- Freeman, Allen; commend .........................................................................4869 HR 1705-- Salter, Alex; commend ...............................................................................4870 HR 1706-- Stone, Doug; commend ..............................................................................4870 HR 1707-- Williams, Rev. Clarence, Jr.; commend.....................................................4870 HR 1708-- Wright, Stephanie; commend .....................................................................4870 HR 1709-- Serwiri, Mukamana Jessica Marie Rosine; condolences ...........................4870 HR 1710-- McKenzie, Terry A.; commend..................................................................4870 HR 1711-- Motorola, Inc.; commend ...........................................................................4871 HR 1712-- Swann, Bobby; condolences.......................................................................4871 HR 1713-- Bynes, Frank H.; condolences....................................................................4871 HR 1714-- Goodman, Gwendolyn P.; commend .........................................................4871 HR 1715-- Cash, Dr. Robert G.; condolences ..............................................................4871 HR 1716-- Keith, Annie; commend .............................................................................4871 HR 1717-- Johnson, Ashanti; commend.......................................................................4871 HR 1718-- Davenport, Dr. Vivien; commend ..............................................................4872 HR 1719-- Hayes, Andrew; commend .........................................................................4872 HR 1720-- Smith, Harold; commend ...........................................................................4872 HR 1721-- Walker, Dr. Paul; commend .......................................................................4872 HR 1722-- Cagle, Bernese; commend..........................................................................4872 HR 1723-- Jarrard, Virginia Trammell; condolences...................................................4872 HR 1724-- Suntory Water Group; commend ...............................................................4872 HR 1725-- Lakeview Academy boys soccer team; commend .....................................4873 HR 1726-- Krug, Coley M.; commend.........................................................................4873 HR 1727-- Wooten, Jim; commend..............................................................................4873
5164
INDEX
HR 1728-- Taylor, Hon Maretta Mitchell; commend ..................................................4873 HR 1729-- Vidal, Maria; commend..............................................................................4873 HR 1730-- Benefield, Captain Butch; commend .........................................................4873 HR 1731-- Reapportionment Office; commend staff...................................................4873 HR 1732-- Gammeter, Herman; commend ..................................................................4874 HR 1733-- Keep Smyrna Beautiful, Inc.; commend ....................................................4874 HR 1734-- Campbell High School Academic Bowl Team;
commend ....................................................................................................4874 HR 1735-- Parsons, William; commend.......................................................................4874 HR 1736-- Brissey, Sue; commend ..............................................................................4874 HR 1737-- Whitney, Don; commend ...........................................................................4874 HR 1738-- Lake, Sue; commend ..................................................................................4874 HR 1739-- Seigler, Michael; commend........................................................................4875 HR 1740-- Scott, Sarah; commend...............................................................................4875 HR 1741-- MUST Ministries; commend......................................................................4875 HR 1742-- Youssef, Michael, Ph.D.; commend...........................................................4875 HR 1743-- Kaufmann, Dr. James A.; condolences ......................................................4875 HR 1744-- Lamb, Ward; wish speedy recovery...........................................................4875 HR 1745-- Elnamala, A.; condolences .........................................................................4875 HR 1746-- Bella's Pizzeria of Smyrna, Georgia; commend.........................................4876 HR 1747-- A+ for Clayton County Schools Foundation; commend............................4876 HR 1748-- Meadows, Lori; commend..........................................................................4876 HR 1749-- Johnson, Dr. Tobe, Jr.; commend...............................................................4876 HR 1750-- Flake, Marvin Lewis; condolences.............................................................4876 HR 1751-- Branch, Gilbert D.; condolences ................................................................4876 HR 1752-- Wideman, Tommy Joe; Deborah Wheeler Wideman;
Melissa Wideman; and Abbie Alexis Wideman; condolences ................................................................................................4876 HR 1753-- Smith, Mr. and Mrs. Pat; commend ...........................................................4877 HR 1754-- Stephenson High School Girls Basketball Team; commend ....................................................................................................4877 HR 1755-- Brisbane Institute at Morehouse College; commend .................................4877 HR 1756-- Rockdale County 2002 Teachers of the Year; commend...........................4877 HR 1757-- DeKalb County Teachers of the Year in House District 75; commend ..............................................................................................4877 HR 1758-- Antioch Lithonia Missionary Baptist Church; commend ..........................4877 HR 1759-- Mauldin, A. T.; former State Representative; commend ...........................4877 HR 1760-- Hammontree, Honorable James Allen; commend......................................4878 HR 1761-- Carpenter, Christopher A. P.; commend ....................................................4878 HR 1762-- Hendon, Laverne; commend ......................................................................4878
INDEX
5165
HR 1763-- Baswell, Adam Wade; commend ...............................................................4878
PART IV
SENATE BILLS IN HOUSE
SB 32-- County Boards of Elections and Registration; creation ....182, 198, 225, 1271, 2841, 3814
SB 36-- Family Violence; repeat offenders; setting of bail .....................................1741 SB 49-- Property Owner's Rights in Eminent Domain
Proceedings; just compensation; interference with property access ..................................................................................No Action SB 52-- Public accommodations; access or admission to motorcycle patrons .................................................................4348, 4848, 4851 SB 59-- Outdoor Advertising Signs; interstate highway locations; multiple message signs .......................................119, 136, 155, 302,
4644 SB 61-- Indemnification and Disability Compensation; state
highway employees, public safety employees, firefighters; State Indemnification Commission ....................1431, 2763, 4884 SB 62-- Employees' Retirement; creditable service; certain active duty military service ...................................................2509, 2512, 2695,
2781, 3323, 4884 SB 79-- Indemnification; public safety employees; law
enforcement officers or firefighters; temporary disability compensation.....................................................861, 863, 887, 1616,
2711, 2823 SB 100-- Peace Officers' Benefit Fund; retirees with 30 years of
service; return to service without suspension of benefits......1169, 1169, 1179, 2004, 2713, 2823
SB 105-- Motor Vehicles; unattended; removal from public property after 2 days..........................................................................No Action
SB 110-- Death Investigations; inquests; subpoenas by medical examiners for medical records; autopsy photos, public disclosure provisions ..............................................................2899, 3484, 4885
SB 119-- Professional Counseling and Marriage and Family Therapy; licensure; qualifications of master's in psychology graduates .............................................................2721, 2969, 4393
SB 136-- Annexation; certain populated counties; approval provisions ...................................................................................................3312
5168
INDEX
SB 138-- Public School Employees Retirement; increase maximum benefit amount......................................................2423, 2434, 2695, 3169, 4508, 4885
SB 142-- Gwinnett County State Court; chief judge; additional supplement........................................................................................1634, 1657
SB 144-- Gwinnett County Recorder's Court; judges; compensation..........................................................................1634, 1658, 4885
SB 167-- Negligent Drivers; improper use of mobile phones resulting in an accident; points assessment and fine (Cell Phone Safety) ................................................................2484, 2513, 2695
SB 168-- Private Security Guards; arrest powers ......................................................1987
SB 177-- Insurers; surplus line coverage disclosures; placement with foreign and alien insurers; disapproved rate filings; claims experience reports policyholders ......................................131, 242, 618
SB 187-- Cruelty to Children; sexual abuse of a minor under age 16; criminal penalties .............................................................2423, 2434, 2695
SB 191-- Youth Organizations; prohibit governmental discrimination; Defense of Youth Groups Engaged Expressive Association; Defense of Scouting..............................517, 518, 537
SB 206-- Habeas Corpus Procedure; persons under sentence; filing petitions; statute of limitations; interstate transfer of prisoners .................................................................................................2722
SB 210-- Medical Patient Records; privacy regulations; release and handling; subpoenas; objections; subpoenas by medical examiners ..................................................................4326, 4725, 4850
SB 215-- State Property; parks, buildings, highways, roads, bridges; restrictions for naming or renaming for elected public official .........................................................................1291, 1295, 1430
SB 220-- State Court Judges; election and reelection; residency qualifications ......................................................................................991, 2762
SB 221-- Breast-feeding of Babies in Public Places; change provisions .....................................................................................257, 360, 518
SB 226-- School Counselors With National Certification; increase state salary....................................................................................3164
SB 234-- Public Officials; indictment procedures; Corruption Prevention Act ...................................................................................No Action
SB 242-- Montgomery County; Chief Magistrate; nonpartisan nomination and election ...........................................................................36, 37
SB 246-- Motor Vehicle Driving Skills Instructional Video/Manual for New Drivers; ETV broadcast and distribution to parents........................................................................No Action
INDEX
5169
SB 253-- Limited Liability Companies; amend provisions; definitions; cross-references; membership rights; distributions; taxation .............................................................1058, 2831, 4885
SB 257-- Teachers Retirement; creditable service; independent school system service .............................................................2423, 2435, 2695
SB 276-- District Attorneys or Solicitor-general; disqualification from engaging in a prosecution; appointment of a substitute; certain allegations ...........................................................2780, 2968
SB 279-- Funeral Processions; redefine term; participating vehicle................................................................................................No Action
SB 285-- Public Officials and Lobbyists; Financial Disclosure Reform Act of 2002; time period for State Ethics Commission advisory opinions ..............................................2484, 2513, 2695
SB 291-- Student Disciplinary Procedures, Penalties; acts of physical violence, misconduct on school buses; delinquent behavior ...........................................................574, 862, 928, 3232, 4763, 4752
SB 296-- Arrests for Motor Vehicle Violations; reports school bus drivers or other recorded visual evidence .......................2510, 2513, 2695, 3334
SB 305-- Gateway Regional Information Center, Inc. Act; privatization of public rest stops; Cobb County................................No Action
SB 307-- Prosecuting Attorneys Council; ministerial functions; transfer DAs, state court solicitors and staff from DOAS ...........................................................................................344, 345, 394
SB 311-- DeKalb County; Board of Commissioners and Chief Executive Officer; compensation ......................................................No Action
SB 313-- Municipal Charter; grant to certain island area meeting requirements for incorporation; boundaries (PF) ........................344, 345, 394
SB 319-- Ad Valorem; taxpayer claims for refunds; increase filing time period ................................................................399, 401, 427, 2895
SB 320-- Georgia's Homeland Defense Act; define, prohibit and punish domestic terroristic acts or threats; tools for law enforcement ...........................................................................1767, 1772, 2000, 2894, 3343, 4885
SB 321-- Leaf Tobacco Sales; approved graders.........................................517, 518, 537
SB 323-- Revenue Department; collections or receipts; payments to Office of Treasury and Fiscal Services within 45 days............................................................................................961, 963, 1007, 2779, 4558
SB 324-- State Employees Health Insurance Plan; eligibility; former military personnel who previously declined coverage..............................................................................238, 239, 277, 2508
5170
INDEX
SB 326-- Gwinnett County School District Ad Valorem Taxes; assessed value homestead exemption...................................399, 401, 427, 433
SB 328-- Gwinnett County; Board of Education; reapportion election districts.................................................................400, 401, 427, 2899, 2920, 3232, 3311, 3741, 3746, 4858, 4882
SB 329-- Education Resources Act for Improving Georgia's Lowperforming Schools; honor teachers/principals; state salary increase ....................................................................573, 574, 612, 2892
SB 330-- Transportation Security Act of 2002; Bus, Rail and Air Passenger Safety Act; prohibited firearms; false alarms; interference with security measures ......................................2271, 2279, 2403, 2404, 2722, 3007
SB 333-- Criminal Procedure; prosecution of serious violent crimes; commencement period; crimes involving children who are victims ....................................................430, 431, 465, 4370
SB 334-- Abandoned Vehicles; towing, storage charges; lien foreclosure procedures; paid parking lots, forbid towing, alcoholic beverage establishments .......................238, 240, 277, 2893, 3424, 3743, 4420, 4643
SB 336-- Schools; disruptions; possession of electronic communication devices by students; exception to prohibition (HB 1044 similar)....................................................616, 618, 657, 3164, 4784
SB 337-- State Authorities and Instrumentalities; safety of working conditions and work environment; Commissioner of Labor investigate; enforcement .......................302, 303, 340
SB 346-- Civil Actions; documents; methods of service of process upon individuals in a foreign country; civil trials, expert witnesses.........................................................400, 402, 427, 991, 3392, 4886
SB 347-- Salt-water Finfish; seasons, possession limits; fishing gear; fishing trawlers; hook/line anglers; exemption; violations; penalties.............................................................400, 402, 427, 575, 2867, 4393
SB 348-- Traffic-control Signal Monitoring Devices; recorded images; enforcement...................................................................962, 963, 1007
SB 353-- Financial Institutions Code; amend rules, regulations, department and employee policies; licensees, applicant background checks ..............................................................470, 471, 510, 891, 2943, 4642
INDEX
5171
SB 354-- Counties of 650,000 or More; collecting intangible recording taxes; compensation; commission rate........................430, 431, 465, 2895, 3321
SB 355-- Autopsy Photos or Post-Mortem Examination Reports; when public disclosure not required.......................................2511, 2514, 2695
SB 356-- Medical Records of Deceased and Living Persons; release conditions; written authorization............................544, 545, 570, 2893
SB 357-- Water Systems; building owners who charge tenants based upon water usage.......................................................400, 402, 427, 658, 2708
SB 358-- Fire Extinguishers or Fire Suppression Systems; licensees or permittees; violations; revocation grounds......544, 545, 570, 951, 2849, 4886
SB 361-- Organic Foods or Feed; ingredient requirements; certification; registration of producers, distributors, labeling; seal................................................................................662, 664, 843, 2405, 2775
SB 363-- Smyrna, City of; ad valorem taxes; homestead exemption; base year assessed value............................................430, 432, 465
SB 364-- Brain and Spinal Injury Trust Fund Commission; new name; membership; disbursements of funds requirements ......................................................................617, 619, 657, 1431, 2707, 2823
SB 365-- State Government Buildings; GEMA emergency operations; coordinated interagency safety plannning .......861, 863, 887, 2781
SB 367-- HOPE Scholarships; prorated awards for part-time disabled students attending private institutions......................2271, 2279, 2403
SB 368-- Teachers; national board certification; 10% increase in state salary annually ..........................................................617, 619, 657, 1615, 2972, 4886
SB 369-- Hunting; deer and feral hogs; enticement to privately owned lands by baiting or luring with food; license fees for wildlife management .................................................1026, 1027, 1056
SB 370-- Dead Animals; disposal, distruction; hauling and transportation; abandonment prohibited; requirements and methods.......................................................................544, 545, 570, 2779, 2938, 4887
SB 373-- Teachers Retirement System; board of trustees; actions to increase or decrease contribution rate only during month of January...................................................................2424, 2435, 2695, 2781
5172
INDEX
SB 378-- Health Insurance; managed care plan limitations on patient choice of providers; disclosure to enrollees; signed acknowledgment form ...............................................1026, 1028, 1056, 2003
SB 380-- Income Tax Credits; zero emission motor vehicles; qualifications ..........................................................................1067, 1071, 1133
SB 381-- Revenue Certificates Issued to Finance Local Gas Generation and Distribution Systems; remove a referendum requirement ........................................................1985, 2057, 2263, 3312
SB 382-- LaGrange, City of; City of LaGrange Natural Gas Authority................................................................................1985, 2057, 2263, 2696, 2705
SB 384-- Education; academic after-school programs for at-risk students; drop-out recovery; funding formula; Mountain Education Center program.....................................................2424, 2435, 2695, 2892, 4316, 4887
SB 385-- Public Health; emergency response to bioterrorism, epidemic diseases; reportable illnesses, health conditions or suspicious events .........................................901, 903, 948, 1103, 2780, 2993, 4887
SB 386-- Highways; vehicle weight exemption; trucks hauling ready-mixed concrete for customer delivery.......................663, 665, 843, 994, 3487, 4887
SB 387-- Computers; Internet Safety Policy for Minors; schools and public libraries; conditional funding ..............................1067, 1071, 1133, 1432
SB 388-- Corrections, Board of; meetings; adjust quorum requirement consistent with 2000 census results ..................1068, 1072, 1133, 2254, 2757
SB 389-- Inmates; criminal offenders; International Transfer of Prisoners Act .........................................................................1291, 1295, 1430, 2254, 2758, 4888
SB 391-- Sapelo Island Heritage Authority Act; additional members; residents of Hog Hammock community...................962, 963, 1007, 1168, 2830
SB 392-- Contractors; road construction and repair of manhole rings, covers, valve boxes; exemption ..................................1026, 1028, 1056, 1432
SB 393-- Appellate Review; criminal cases; judgments, rulings, decisions, motions; summary judgments; jurisdiction ......617, 619, 657, 2780, 3376, 4731, 4732
INDEX
5173
SB 394-- Board of Human Resources; composition; one from each congressional district and four at-large members ....663, 665, 843, 1058, 2710
SB 395-- Austell, City of; Ad Valorem Taxes; homestead exemption base year assessed value......................................1291, 1295, 1430, 3465, 3467
SB 396-- Public Records; protected information; government emergency security plans against terrorist or other attack......................................................................................2483, 2514, 2695, 2894, 3416, 4732
SB 397-- Motor Vehicle Provisions; exclusion; electric personal transporters; assistive wheeled/mobility devices designed for sidewalk use; 'Segway Bill' ..............................1663, 1669, 1752, 2781, 3335, 4879
SB 399-- Animal Protection Act; enactment of local ordinances; enforcement ...........................................................................2510, 2514, 2695, 2779, 2964
SB 400-- DeKalb County; Board of Commissioners; election districts; change description; election and terms.......................962, 964, 1007, 1059, 1066, 1067
SB 401-- Driving Privileges; suspension; failure respond to traffic citation in federal court...............................................2512, 2515, 2695, 3334
SB 403-- Carroll County; Board of Education; reconstitute election districts.................................................................901, 903, 948, 2006, 2030, 2824
SB 404-- Carroll County; Board of Commissioners; reconstitute election districts; terms of office.......................................902, 904, 948, 2006, 2038, 2824
SB 405-- Counties; ad valorem taxes; installment payments; population and census application.....................................861, 864, 887, 1919, 2848, 4883
SB 406-- Public Agencies; geographic information systems; authorize state to sell information .........................................1138, 1140, 1180
SB 407-- Child Endangerment Law; criminal penalties; punishment ........................................................................663, 665, 843, 2893, 3660, 4374, 4730
SB 408-- State Employee Flexible Benefit Plan; inclusion Federal-State Shipping Point Inspection Service and Firefighters' Pension Fund employees...................................1068, 1072, 1133, 3164, 3647
5174
INDEX
SB 409-- Georgia Building Authority; powers; operation of child care and child development centers...................................902, 904, 948, 1168, 2828
SB 414-- Elections; balloting and voting; uniform system of direct recording electronic (DRE) voting equipment for counties by 2004....................................................................2271, 2280, 2403, 2730, 2941, 4883
SB 422-- Transportable Housing; past due rent on leased land; liability of entity foreclosing on or repossessing to pay and satisfy lien........................................................................1068, 1072, 1133
SB 424-- Forest Lands and Resources; protected status; acquisition of forest preserves; enact Forest Heritage Trust Act................................................................................1139, 1140, 1180, 2781
SB 425-- Nonpublic Postsecondary Educational Institutions; surety bonds; defaulting institutions; claims; reimbursement to students; Tuition Guaranty Trust Fund; Commission membership............................................1026, 1028, 1056, 2780, 2990
SB 427-- DUI; endangering a child under age 16 while driving DUI; increased penalties ........................................................2424, 2436, 2695
SB 428-- Children Placed in Custody of DHR; case plans; reunification of family; permanency plans; hearings; court review ...........................................................................2424, 2436, 2694, 3164, 3802, 4888
SB 429-- Columbia County; Board of Commissioners; reapportion election districts .................................................1068, 1073, 1133, 1634, 1659
SB 430-- Columbia County; Board of Education; election districts ..................................................................................1069, 1073, 1133, 1634, 1660
SB 431-- Columbia County; Board of Commissioners; chairperson and members; election, terms; powers, duties......................................................................................1069, 1073, 1133, 1634, 1660
SB 432-- Computer Pornography; unlawful sexual offenses involving children; felony penalty ........................................1663, 1669, 1752, 3164
SB 433-- Sexual Offender Registry; GCIC database; add school enrollment, employment status; GBI Internet website; notices to colleges, schools, child-care facilities...................2271, 2280, 2403, 2894, 3637, 4888
INDEX
5175
SB 434-- Chatham County; governing authority; filling of vacancies................................................................................1663, 1669, 1752, 2006, 2047
SB 437-- Juvenile Court Judges; compensation; future salary adjustments............................................................................1027, 1029, 1056, 3333
SB 438-- Georgia Greenspace Trust Fund; local matching grants; allocation of funds .................................................................1139, 1141, 1180, 2781, 2991
SB 439-- MARTA; security force; oath of office for eligible peace officers.........................................................................1663, 1669, 1752, 2264, 2827
SB 441-- Professional Engineers and Land Surveyors, State Board of Registration; additional members ..........................2272, 2281, 2403, 3168
SB 442-- Community Health, Department of; grant awards; Rural Hospital Assistance Act.........................................................2272, 2281, 2403, 2867, 3419, 4888
SB 443-- Walton County; Board of Commissioners; election districts; terms of office.........................................................1193, 1196, 1196, 1284, 2006, 2047
SB 446-- MARTA; use of sales tax proceeds; subsidizing system operating costs ........................................................................2272, 2281, 2403
SB 447-- MARTA; transit operating revenue from all sources except sales taxes...................................................................2272, 2281, 2403, 3312, 4350
SB 448-- Savannah, City of; corporate limits; change and expand ......1663, 1670, 1752, 2006, 2007, 3465, 3468
SB 449-- State Employees; absence on ordered military duty; public office not vacated or abandoned; agency meetings by telecommunications conference........................1767, 1772, 2000, 2893, 3475, 4889
SB 451-- Hospitals; liens for cost of care and treatment to injured persons; lien not against patients nor their property or assets; liens against insurers ..................................................2425, 2436, 2694, 2695, 3334, 4685
SB 452-- Ad Valorem Taxes; conservation use property covenants; renewal contracts without a lapse ........................2273, 2282, 2404
SB 454-- Meriwether County; Chief Magistrate; nonpartisan elections.................................................................................3446, 3451, 3465, 4378, 4380
SB 455-- Troup County; Board of Commissioners; reconstitute ..........1768, 1773, 2000
5176
INDEX
SB 456-- Troup County; Chief Magistrate; nonpartisan nomination, election ..............................................................3446, 3451, 3465, 4378, 4380
SB 458-- Health Insurance; coverage; medically necessary offlabel prescription drugs ........................................................2509, 2515, 2694, 2893
SB 459-- Terrorism; update wiretapping laws; investigative warrants; interception of electronic communications and records by law enforcement officers; Georgia's Support of the War on Terrorism Act ...................................1664, 1670, 1752, 2722, 3747, 4884
SB 460-- Veterans Services; additional Georgia veterans cemeteries; Georgia Veterans Memorial Cemetery ..............1664, 1670, 1752, 2856, 3328, 4889
SB 462-- Property; nuisance abatement liens; tax liens and sales; judicial foreclosures; titles; interested parties; procedures..............................................................................1664, 1671, 1752, 3169
SB 465-- Public Interest Lawyers' Fund; education loan forgiveness program; prosecutors/DAs, solicitors, legal aid, LC, Atty General attorneys....................................1292, 1296, 1430, 2780, 2965
SB 467-- Family Violence Intervention; rehabilitation programs for perpetrators; DHR certification; parole conditions ........2425, 2437, 2694, 2893, 3385, 4889
SB 469-- Funeral Establishment or Crematory; licensees; inspections .............................................................................2273, 2282, 2404, 3168
SB 471-- Fulton County; homestead exemption; assessed value; age and income .......................................................................1438, 1438, 1633
SB 472-- 'Kellen Edwin Bolden Act'; prescribed asthma medication; permit self-administration by students at school.....................................................................................2051, 2057, 2263, 2867, 3332
SB 474-- Offense of Abuse of a Dead Body Prior to Interment; felony penalty........................................................................1768, 1773, 2000, 3169
SB 475-- Offense of Identity Fraud; financial or personal information; consumer or business victims; proper business records disposal; penalties; civil liability ...............2509, 2515, 2694, 3169, 3784, 4890
INDEX
5177
SB 476-- Health Insurance Consumer Protection; access to services; benefit verification; precertification; conversion options; unfair practices......................................1768, 1773, 2000, 3461, 4330, 4890
SB 478-- Georgia Sports Hall of Fame Authority; composition; administrative functions; personnel; create Advisory Committee .............................................................................1668, 1774, 2000, 2781
SB 479-- Glynn County; Board of Commissioners; reapportion election districts.....................................................................1664, 1671, 1752, 2006, 2048
SB 481-- Nationally Certified Teachers' Effect on Student Performance; annual assessment report .................................2484, 2516, 2694
SB 482-- DUI Intoxicating Substances; seizure and disposition of licenses; revise provisions .....................................................2485, 2516, 2695, 2894, 3396, 4732
SB 483-- Georgia Public Safety Training Center; security police; jurisdiction over property ......................................................2510, 2517, 2695, 2894
SB 488-- Commercial Motor Vehicles and Motor Common Carriers and Contract Carriers and New Vehicles; federal emissions and safety standards; railroad crossing violations; indemnity insurance; chauffeur's permit.....................................................................................2273, 2282, 2404, 2405, 2894, 3659
SB 491-- Disaster Relief Counselors Assigned by American Red Cross; professional licensing exemption...............................2483, 2517, 2695, 2895
SB 492-- Commerce, City of; ad valorem; school taxes; homestead exemption ............................................................1665, 1671, 1752, 2006, 2048
SB 493-- Jefferson, City of; ad valorem; school taxes; homestead exemption ..............................................................................1665, 1672, 1752, 2006, 2048
SB 494-- Jackson County; ad valorem; county school taxes; homestead exemption; age and income.................................1665, 1672, 1752, 2006, 2049
SB 495-- County Law Libraries; use of funds for State Court judges' library ........................................................................2273, 2283, 2404, 2893, 3810
5178
INDEX
SB 496-- Spalding County Collaborative Authority for Families and Children; inclusion of senior citizen issues; membership; annual report....................................................2274, 2283, 2404, 2696, 2705
SB 497-- Griffin-Spalding County Board of Education; election districts ...................................................................................1438, 1439, 1633
SB 500-- Natural Gas Consumers' Relief Act; enact a consumer bill of rights ...........................................................................2274, 2284, 2404, 3334
SB 501-- Air Ambulance Emergency Care and Transportation; licensure.................................................................................2511, 2517, 2695, 3334
SB 502-- Habersham County; Board of Education; election districts ..................................................................................1292, 1296, 1430, 1634, 1660
SB 503-- Habersham County; Board of Commissioners; revise election districts.....................................................................1292, 1296, 1430, 1634, 1661
SB 505-- Insurers; unfair trade practices; nonrenewal of entire line or class of business; cessaton and withdrawal notices....................................................................................2509, 2518, 2695, 2893, 3673, 4890
SB 510-- DFACS; county boards; removal of members upon initial conviction of a crime involving moral turpitude .........2427, 2438, 2695
SB 512-- Burke County; Board of Commissioners; election districts ...................................................................................1666, 1673, 1752
SB 513-- Jefferson County; Board of Education; compensation..........1666, 1673, 1752, 2006, 2049
SB 514-- Burke County; Board of Education; election districts ...........1666, 1673, 1752
SB 515-- Fire Departments and Firefighters; change certain requirements ...........................................................................2511, 2518, 2695
SB 517-- Trustees; conflict of interest between beneficiaries of the trust; restrict discretionary powers; independent trustee; amendable trusts .......................................................2274, 2284, 2404, 2893, 3236
SB 519-- State Employees' Health Insurance Plan; inclusion; employees of agricultural commodity commission ...............2510, 2518, 2695
SB 525-- DeKalb County; community improvement districts; extend time to create..............................................................2814, 2825, 2898, 3170, 3180
SB 527-- Cook County; Board of Commissioners; reapportion election districts.....................................................................2051, 2058, 2263, 2407, 2420
INDEX
5179
SB 528-- Cook County; Board of Education; revise election districts ..................................................................................2051, 2058, 2263, 2407, 2421
SB 529-- Homerville, City of; Recreational Facilities Authority Act .........................................................................................2052, 2058, 2263, 2407, 2421
SB 530-- Professional Bondsmen or Bail Recovery Agents; continuing education .............................................................2274, 2285, 2404, 2722, 2872
SB 531-- Conyers, City of; ad valorem taxes; homestead exemption; referendum..........................................................2052, 2059, 2263, 2407, 2421
SB 532-- Bank Acquisitions or Mergers; three-year age requirement............................................................................2483, 2519, 2695, 2856, 3233
SB 534-- Atlantic Judicial Circuit; superior court; change term Tifton Judicial Circuit; superior court; change term Superior Court Clerks; additional compensation; certain duties......................................................................................2425, 2438, 2695, 2722, 3455, 4371, 4749
SB 537-- Toombs County; Board of Education; election districts .......2426, 2438, 2695, 2787, 2797
SB 538-- Laurens County; Board of Education; election districts .......2426, 2439, 2695, 2787, 2798
SB 541-- Johnson County; Board of Education; nonpartisan elections..................................................................................2426, 2439, 2695
SB 542-- Candler County; Board of Commissioners; election districts; compensation; powers, duties, authority; audits......................................................................................2426, 2439, 2695, 2787, 2798
SB 543-- Treutlen County; Board of Education; election districts and terms of office.................................................................2746, 2755, 2786, 2899, 2927
SB 544-- Treutlen County; Board of Commissioners; reconstitute election districts; vacancies ...................................................2746, 2755, 2786, 2899, 2928
SB 546-- Health Reports Submitted to General Assembly in Electronic Format for Computer Access ...............................2511, 2519, 2695, 3334, 3821, 4389
SB 547-- Fulton County; repeal a local constitutional amendment relative to ad valorem taxation ...............................................2052, 2059, 2263
5180
INDEX
SB 551-- Cartersville-Bartow County (Joint) Regional Industrial Development Authority Act ..................................................2485, 2519, 2695, 2787, 2799, 4890
SB 557-- DeKalb County; Board of Education; reapportion election districts.....................................................................2746, 2755, 2786, 3170, 3180, 4642
SB 559-- Gwinnett County Board of Registrations and Elections; members; staggered appointment system...............................2427, 2440, 2695
SB 560-- Jefferson County; Board of Commissioners; elections; redistricting plan....................................................................2431, 2440, 2695, 2787, 2812
SB 561-- Jefferson County; Board of Education; election districts......2431, 2440, 2695, 2787, 2813
SB 562-- Savannah/Chatham County School System; board of education; election districts ....................................................2747, 2756, 2786
SB 563-- Counties of Brooks, Colquitt, Grady, Mitchell and Thomas; create Joint Recreation Authority...........................2814, 2825, 2898, 3170, 3200, 4891
SB 564-- Walton County; Board of Education; reapportion election districts.....................................................................2432, 2441, 2695, 3170, 3218
SB 565-- Chatham County; Board of Commissioners; election districts ...................................................................................2747, 2756, 2786
SB 566-- LaGrange, Downtown Development District; change territory limits........................................................................2929, 2937, 3168, 3465, 3468
SB 567-- Soperton; city council election districts; change description .............................................................................2815, 2825, 2898, 3170, 3218
SB 568-- McIntosh County; Board of Commissioners; election districts; terms, eligibility......................................................2815, 2826, 2898, 3465, 3468
SB 569-- Fulton County Tax Commissioner; selection method............2815, 2826, 2898
SB 570-- Lilly, City of; new charter; incorporation, boundaries, powers....................................................................................2816, 2826, 2898, 3170, 3219
SB 571-- Lithia Springs, City of; repeal Act providing new charter .....................................................................................3447, 3452, 3465
SB 572-- Augusta/Richmond County Commission; quorum and voting; powers, duties; vetoes; committees; administrator; department heads ............................................3447, 3452, 3465
SB 573-- Forsyth County; Board of Commissioners; compensation; per diem expense allowance ..........................3447, 3452, 3465
INDEX
5181
SB 574-- Pine Lake, City of; new charter..............................................3448, 3453, 3465
PART V
SENATE RESOLUTIONS IN HOUSE
SR 118-- Fulton County Youth Legislature; create ...................................................3164 SR 170-- Old National Highway (S.R. 279); Joint Committee to
Study Expanding ...............................................................................No Action SR 230-- Designate; Gold Creek Parkway; Dawson County ...........................No Action SR 474-- General Assembly Convened; notify Governor .......................................25, 26 SR 481-- Adjournment; 5 P.M., January 18; reconvene January
28; close of day each Friday and reconvene following Monday...................................................................................................98, 113 SR 490-- Designate; Dan and Marie Branch Highway; Meriwether County.................................................................2056, 2060, 2263 SR 497-- Designate; Herman Jones Memorial GBI Forensic Science Complex; state crime laboratory annex ..............903, 905, 948, 1987,
3751, 4643 SR 500-- Construction of National Memorial Honoring Dr.
Martin Luther King, Jr. in Washington; express support; urge donation of Georgia Granite..........................................1139, 1141, 1180,
2958 SR 557-- Designate; Dean Bryant Intersection in Lumpkin
County ..........................................................................................664, 666, 843 SR 574-- Property Conveyances; Bibb County; Cobb County;
Spalding County; Wilkes County, Pickens County and Hamilton County, Tennessee ..............................................618, 620, 657, 993,
1357 SR 575-- Property Easements; Baldwin, Banks, Bibb, Butts,
Cobb, Coweta, Glynn, Elbert, Gwinnett, Hall, Haralson, McIntosh, Rabun, Richmond, Tattnall, Tifts and Upson Counties............................................................618, 620, 657, 993,
1358, 1668 SR 585-- Designate; Earl Paulk Parkway; DeKalb County.........................863, 864, 887 SR 600-- CA: Supreme Court Jurisdiction to Answer Questions
of Law from any State Appellate or Federal Court...............1071, 1074, 1133, 2780
SR 604-- Motor Fuel Taxes; Truck Fleets; Joint Committee to Study Alternative and Environmentally Sensitive Truck Fuels; mobility of fleets in HOV lanes..................................1293, 1297, 1430, 2958, 3672
5184
INDEX
SR 608-- Atlanta Board of Education Charter Review Commission; create ...................................................................962, 964, 1007, 1634, 1661
SR 637-- Prayer and Expression of Religious Beliefs on Public Property Including Schools; urge Ga. Congressional delegation support amendment...............................................2486, 2520, 2695
SR 660-- Designate; Floyd Hoard Memorial Highway; Jackson County ....................................................................................1293, 1297, 1430
SR 668-- Small Business; Investment Capital Study Committee; create......................................................................................1772, 1774, 2000, 2895, 3331
SR 679-- General Assembly; adjournment; Wed. Feb. 20; reconvene Mon. Feb. 25. ......................................................................983, 983
SR 691-- Designate; Dan J. DeLoach Highway; Echols County ..........2278, 2285, 2404
SR 695-- Designate; Norman W. Fries Memorial Highway; City of Claxton ...............................................................................2278, 2285, 2404
SR 777-- Designate; Robert Henry Jordan Memorial Highway; Talbotton.................................................................................2278, 2285, 2404
SR 780-- Designate; Joy Kleeman Memorial Bikeway on U.S. 80, Chatham County...............................................................2278, 2286, 2404
SR 785-- Designate; William S. Hutchings Bridge in Macon...............2278, 2286, 2404
SR 786-- Designate; Thelma 'T-Lady' Ross Bridge in Macon ..............2278, 2286, 2404
SR 826-- Jekyll Island; joint committee to study future funding and development....................................................................2484, 2520, 2695, 2958
SR 852-- Property Conveyance; remove reverter condition originally conveyed to Boys Estate, Inc.; Morningstar Treatment Services, Inc.; Glynn County..............................2512, 2520, 2695, 2990, 3649, 4394
SR 854-- Property Conveyance; nonexclusive easement to Henry Nanniga and Joan Nanniga Nichols, Chatham Cty; easement to SCG Pipeline, Inc, a SCANA Corporation, Effingham Cty; exchange marshland for high ground, Tidewater Boatworks, Inc., Chatham Cty .............................2483, 2521, 2695, 2959, 3663, 4892
SR 861-- General Assembly; adjournment, close of day, March 19; reconvene March 25 ...................................................................1968, 1969
SR 923-- Confederate History and Heritage Month; recognizing April........................................................................................2431, 2441, 2695
SR 983-- General Assembly; Adjournment; close of day April 3; re-convene April 9...........................................................................3026, 3026