Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta, Monday, January 13, 2003 and adjourned Friday, April 25, 2003, volume I

Compiler's Note
The Journal of the House of Representatives regular session of 2003 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume.
Volume I contains January 13, 2003 through April 7, 2003. Volume II contains April 8, 2003 through April 25, 2003 and the complete index.

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 13, 2003 and adjourned Friday, April 25, 2003
VOLUME I
2003 Atlanta, Ga. Printed on Recycled Paper

OFFICERS
OF THE
HOUSE OF REPRESENTATIVES
2003-2004
TERRY COLEMAN ........................................................................................... Speaker 118th DISTRICT, DODGE COUNTY
DUBOSE PORTER.............................................................................. Speaker Pro Tem 119th DISTRICT, LAURENS COUNTY
ROBERT E. RIVERS, JR. ..................................................................................... Clerk HARALSON COUNTY
DON CASTLEBERRY...................................................................................Messenger STEWART COUNTY
WARD EDWARDS ...................................................................................... Doorkeeper TAYLOR COUNTY
STAFF OF CLERK'S OFFICE
CHRISTEL RAASCH..............................................................................Assistant Clerk GWINNETT COUNTY
JANE C. MAYO ........................................................................................ Journal Clerk COBB COUNTY
SCOTTY LONG .........................................................................Assistant Journal Clerk HARALSON COUNTY
BOBBIE JOHNSON ..........................................................Assistant Clerk for Enrolling GWINNETT COUNTY
BARBARA B. SMITH ................................... Assistant Clerk for Information Systems DOUGLAS COUNTY
CAROLYN PETTUS ......................................................... Assistant Clerk for Roll Call GWINNETT COUNTY
CALVIN ROBINSON .........................................................Assistant Clerk for Printing DEKALB COUNTY
ARTHUR VINING ..................................... Assistant Clerk for Printing & Distributing NEWTON COUNTY
MARY ANNA MEEKS...........................................................................Calendar Clerk FULTON COUNTY
CICERO LUCAS ....................................Assistant Clerk for Administrative Assistance GWINNETT COUNTY

MONDAY, JANUARY 13, 2003

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HOUSE JOURNAL

Representative Hall, Atlanta, Georgia Monday, January 13, 2003

The Representatives-elect of the General Assembly of Georgia for the years 20032004 met pursuant to law in the Hall of the House of Representatives at 10:00 o'clock, A.M., this day and were called to order by Robert E. Rivers, Jr., Clerk of the House of Representatives.

Prayer was offered by the Reverend Russ Elkins, Pastor, First Methodist Church, Eastman, Georgia.

The members pledged allegiance to the flag.

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

Amerson Anderson Ashe Bannister Barnard Barnes Beasley-Teague Benfield Birdsong Black Boggs Bordeaux Borders Bridges Brock Brooks Broome Brown Bruce Buck Buckner, D Buckner, G Bunn Burkhalter Burmeister Butler Campbell Casas Chambers

Cummings Day Dean Deloach Dix Dodson Dollar Dooley Douglas Drenner Dukes Ehrhart Elrod Epps Fleming Floyd, H Floyd, J Fludd Forster Franklin Gardner Golick Graves, D Graves, T Greene Greene-Johnson Hanner Harbin Harper

Hill, C Hill, C.A Hill, V Hines Holmes Houston Howard Howell Hudson Hugley Jackson James Jamieson Jenkins Jones Jordan Joyce Keen Knox Lane Lewis Lord Lucas Lunsford Maddox Mangham Manning Marin Martin

Mitchell Mobley Moraitakis Morris Mosby Mosley Murphy, J Murphy, Q Noel Oliver, B Oliver, M O'Neal Orrock Parham Parrish Parsons Porter Powell Purcell Ralston Randall Ray Reece, B Reece, S Rice Richardson Roberts, J Roberts, L Rogers, C

Sholar Sims Sinkfield Skipper Smith, B Smith, L Smith, P Smith, T Smith, V Smyre Snow Stanley-Turner Stephens, E Stephens, R Stephenson Stokes Stoner Teilhet Teper Thomas, A Thomas, A.M Thompson Twiggs Walker, L Walker, R.L Warren Watson Westmoreland White

2
Channell Childers Coan Coleman, B Coleman, T Cooper Crawford

JOURNAL OF THE HOUSE

Harrell Heard, J Heard, K Heath Heckstall Hembree Henson

Massey Maxwell McBee McCall McClinton Millar Mills

Rogers, Ch. Royal Rynders Sailor Scott Shaw Sheldon

The following communications were received:

Wilkinson Willard Williams, A Williams, E Williams, R Wix Yates

House of Representatives Atlanta

April 24, 2002

The Honorable Richard Royal PO Box 607 Camilla, Georgia 31730

Dear Richard:

I am this date removing you from Legislative and Congressional Reapportionment Committee and placing you on the Natural Resources and Environment Committee.

Sincerely,

TBM/tll
cc: Hon. Tommy Smith Hon. Bob Hanner Paul Lynch Robby Rivers Sewell Brumby

/s/ Thomas B. Murphy

State of Georgia Office of the Governor
Atlanta 30334-0900

MONDAY, JANUARY 13, 2003

3

May 13, 2002
The Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334
The Honorable Thomas B. Murphy Speaker of the House of Representatives 332 State Capitol Atlanta, Georgia 30334
Dear Gentlemen:
Please be advised that I have line item vetoed the following Section in House Bill 1002:
Section 41, pertaining to the Department of Administrative Services, page 40, Lines 1727 through 1729;
Section 42, pertaining to the Department of Community Affairs, page 40, lines 1740 through 1743;
Section 42, pertaining to the Department of Community Affairs, page 41, lines 1756 through 1757;
Section 51, pertaining to the Department of Natural Resources, pages 88 through 89, lines 3596 through 3604;
Section 55, pertaining to the Department of Transportation, page 90, lines 3643 through 3647;
Section 55, pertaining to the Department of Transportation, page 90, lines 3652 through 3654;
Section 64, pertaining to Federal Funds, page 93, lines 3745 through 3749.
Please be further advised that I have directed the Office of Planning and Budget to implement the attached Expenditure Controls for FY 2003.
The Veto Messages and Expenditure Controls are attached for each item referenced above.

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JOURNAL OF THE HOUSE

Sincerely,
/s/ Roy E. Barnes
REB/lpt
Attachments
cc: The Honorable Thurbert E. Baker, Attorney General The Honorable Cathy Cox, Secretary of State of Georgia Mr. Robert E. Rivers, Jr., Clerk, House of Representatives Mr. Frank Eldridge, Secretary of Senate Mr. Sewell R. Brumby, Legislative Counsel

VETOES HB 1002

Section 41, pertaining to the Department of Administrative Services, page 40, lines 1727 through 1729:
This language was approved in the 1996 session of the General Assembly to control the purchase of communications equipment that was not compatible with an 800-megahertz system. All communications equipment purchases are now under the direction of the Georgia Technology Authority and this language is inconsistent with general law. Therefore, this language (lines 1727 to 1729, page 40) in the Provisions Relative to Section 4, Department of Administrative Services is vetoed and has been vetoed previously.

Section 42, pertaining to the Department of Community Affairs, page 40, lines 1740 through 1743:
As a part of the budget cuts to FY 1992, an Environmental Protection Division grant program that provided local governments with small loans for emergency water and sewer projects was eliminated. Later, this program was replaced with a state-funded loan program in the Georgia Environmental Facilities Authority (GEFA). This language was added to the appropriation bill at that time to highlight that a "loan" program was replacing a "grant" program. There has been no state funding for the GEFA emergency loan program since the end of FY 1999 and this language is no longer necessary. Therefore, this language (lines 1740 to 1743, page 40) in the Provisions Relative to Section 7, Department of Community Affairs is vetoed and has been vetoed previously.

MONDAY, JANUARY 13, 2003

5

Section 42 pertaining to the Department of Community Affairs, page 41, lines 1756 through 1757:
This language authorizes the Department to provide a total of $72,200 in special support for the Southeast Georgia Regional Development Center from the Contracts object class. This special contract was established in the agency by the Fiscal Affairs subcommittee in June of 2001 and therefore this language is unnecessary. Therefore, this language (lines 1756 to 1757, page 41) in the Provisions Relative to Section 7, Department of Community Affairs is vetoed and has been vetoed previously.
Section 51, pertaining to the Department of Natural Resources, pages 88 through 89, lines 3596 through 3604:
Since FY 2000, state funds appropriated to the Environmental Protection Division of the Department of Natural Resources has been used to match federal Congestion Mitigation and Air Quality funds to provide mass transit subsidies for state employees. The use of state funds for subsidies to individuals has required special authorizing language in each appropriation bill since the initiation of this program. Beginning in FY 2003, the Georgia Building Authority will continue the state employee mass transit subsidy program with non-state funds and this language will no longer be necessary. Therefore, this language (lines 3596 to 3604, pages 88 to 89) in the Provisions Relative to Section 24, Department of Natural Resources is vetoed.
Section 55, pertaining to the Department of Transportation, page 90, lines 3643 through 3647:
This language authorizes the Department to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law. All executive branch agencies are legally authorized to amend their budgets and transfer positions between budget functions when the Office of Planning and Budget has approved a properly drawn amendment to the annual operating budget. In addition, the number of positions in each budget function is not specified in the Governor's budget recommendation to the General Assembly or in the annual Appropriations Act making this language unnecessary. Therefore, this language (lines 3643 to 3647, page 90) in the Provisions Relative to Section 36, Department of Transportation is vetoed and has been vetoed previously.
Section 55, pertaining to the Department of Transportation, page 90, lines 3652 through 3654:

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JOURNAL OF THE HOUSE

This language authorizes the Department to use available funding for right-of-way acquisition for a multi-lane road to connect the Atlanta Motor Speedway to Interstate 75 via State Road 20 and State Road 3. This project was funded in FY 2001. In addition, as a state route, this project is eligible for motor fuel funds and special language is not necessary. Therefore, this language (lines 3652 to 3654, page 90) in Provisions Relative to Section 36, Department of Transportation is vetoed and has been vetoed previously.
Section 64, pertaining to Federal Funds, page 93, lines 3745 through 3749:
This language essentially provides a pool of federal money to be available only to supplant state funds. It prohibits an amendment of federal funds above the amount appropriated in the Appropriations Act for purposes other than to supplant state appropriations for the pertinent programs. This language limits the state's ability to accept additional federal funds as they become available throughout the fiscal year. Therefore, this language (lines 3745 to 3749, page 93) in Section 64 is vetoed and has been vetoed previously.
Instructions
As Director of the Budget, I give the following instructions in regard to the FY 2003 budget as passed by the General Assembly in HB 1002:
a). In regard to Medicaid reimbursements for nursing services, effective July 1, 2002, the inflation factor applied to 2001 cost reports for the first two quarters of FY 2003 shall be two times the inflation factor published in October 2001 for the 2003 second quarter moving average for nursing homes.
b). Pages 93 and 94, Section 65, lines 3765 through 3772, pertaining to Salary Adjustments: The General Assembly provided for a 3.25% funding level for merit increases for Regents "faculty", but specified that for Regents non-academic personnel the actual dollar amount of the increase was "not to exceed an individual, annualized amount of $2,600." Similar language was applied to public librarians funded through the Regents budget.
This language creates significant problems related to the definition of who are faculty and who are non-academic personnel since many college administrators (as well as nonacademic personnel in university public service organizations) also teach classes or conduct research and are considered part of the faculty. Many non-academic positions in the University System are filled with individuals from the faculty, even if they do not teach for the period of their time in that non-faculty position. Many return to teaching

MONDAY, JANUARY 13, 2003

7

after a number of years in administrative positions. Given the overlapping and interconnected nature of the University System's staffing, I do not think it is in the best interest of the state and its premier university system to provide differential raises that treat academic and non-academic personnel differently. If the General Assembly's language is strictly interpreted, the University System would have to totally change its personnel pay system. I do not think that the members of the General Assembly realized the unintended consequences.
This language also confuses the situation with regard to how pay raises for Regents are handled. For K-12 teachers and state employees, the percentage raise (3.25% or 2.25%) is what everyone receives if they meet minimal standards of performance. The pay raise percentage indicated in the appropriations bill for Regents (3.25% this year) is not what everyone in the University System receives and never has been. The percentage is the basis for the state providing funding to Regents to give raises based on their personnel/merit system. For years Regents has provided raises to faculty and non-faculty that ranges from 0% to 10% utilizing their own personnel evaluation and pay system.
Nothing in the language indicates that the General Assembly had a total personnel system change in mind when they inserted the language stated in the first paragraph above. Therefore, I trust that the Board of Regents will use its best judgment implementing the funds provided for pay raises within the context and directives of its current personnel evaluation and pay system, bearing in mind the current economic condition in Georgia in so doing.
c). Because of the uncertainty, and timing of our economy, I direct that each department, agency or authority shall withhold the expenditure of the appropriations under this act in the amount of of 1% per quarter. OPB shall review the said withheld funds and may allow their release of said funds or the continued withholding. Each department, agency or authority involved in education shall identify its said withheld funds without reduction for direct instruction of students in any of the various education institutions of the State.

State of Georgia Office of the Governor
Atlanta 30334-0900
May 17, 2002
The Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334

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JOURNAL OF THE HOUSE

Dear Lieutenant Governor:
I have vetoed Senate Bill 59 which was passed by the General Assembly of Georgia in the 2002 Regular Session.
Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit this bill to you, together with the reason for such veto. The bill and corresponding reasons for its veto are attached.
Sincerely,
/s/ Roy E. Barnes
REB:lpt
cc: The Honorable Thomas B. Murphy, Speaker of the House of Representatives The Honorable Cathy Cox, Secretary of State of Georgia The Honorable Thurbert E. Baker, Attorney General Mr. Robert E. Rivers, Jr., Clerk, House of Representatives Mr. Frank Eldridge, Secretary of the Senate Mr. Sewell R. Brumby, Legislative Counsel

Veto Number 8
SB 59 - Senate Bill 59 would amend subsection (c) of Code Section 32-6-75, governing the spacing and minimum duration of multiple message signs on our state's highways. In the process of amending the minimum spacing provisions of paragraph (1) of that subsection, subparagraph (C), which read "No such sign shall be placed within 5,000 feet of another multiple message sign on the same side of the highway", was amended to read "No such sign shall be placed within 5,000 feet side of the highway, of another multiple message sign on the same side of the highway". It is apparent that whatever the intended effect of the amendment, the attempted change in the provision has rendered its language unintelligible and perhaps meaningless. To avoid confusion and preserve a clear rule of law on this subject, I therefore VETO Senate Bill 59.

State of Georgia Office of the Governor
Atlanta 30334-0900

MONDAY, JANUARY 13, 2003

9

May 17, 2002
The Honorable Thomas B. Murphy Speaker of the House of Representatives 331 State Capitol Atlanta, Georgia 30334
Dear Speaker Murphy:
I have vetoed House Bill 696 which was passed by the General Assembly of Georgia in the 2002 Regular Session.
Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit this bill to you, together with the reason for such veto. The bill and corresponding reasons for the veto are attached.
Sincerely,
/s/ Roy E. Barnes
REB:lpt
cc: The Honorable Mark Taylor, Lieutenant Governor The Honorable Cathy Cox, Secretary of State The Honorable Thurbert E. Baker, Attorney General Mr. Robert E. Rivers, Jr., Clerk, House of Representatives Mr. Frank Eldridge, Secretary of the Senate Mr. Sewell R. Brumby, Legislative Counsel

Veto Number 9
House Bill 696 - House Bill 696 would restrict access under the Open Records Act to any information which would reveal the identity of individuals placing calls to 911 emergency numbers in this state. This state has developed open records laws over the years that have guaranteed the public access to information collected by their government in the course of its day-to-day activities, and a compelling case must be made for any exception to that right. In the case of 911 records, no case has been made to date that the existing freedom of access has injured or endangered any user of the system, or resulted in any failure of response. Therefore, in the interest of preserving the right of the public to maintain oversight of its government's operations, I VETO House Bill 696.

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JOURNAL OF THE HOUSE

State of Georgia Office of the Governor
Atlanta 30334-0900

May 21, 2002

The Honorable Thomas B. Murphy Speaker of the House of Representatives 331 State Capitol Atlanta, Georgia 30334
Dear Speaker Murphy:
I have vetoed House Bill 587, which was passed by the General Assembly of Georgia in the 2002 Regular Session.
Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit this bill to you, together with the reason for such veto. This bill and corresponding reasons for the veto are attached.
Sincerely,
/s/ Roy E. Barnes
REB:lpt
cc: The Honorable Mark Taylor, Lieutenant Governor The Honorable Cathy Cox, Secretary of State of Georgia The Honorable Thurbert E. Baker, Attorney General Mr. Robert E. Rivers, Jr., Clerk, House of Representatives Mr. Frank Eldridge, Secretary of the Senate Mr. Sewell R. Brumby, Legislative Counsel
Veto Number 10
HB 587 - House Bill 587 would create the Advisory Committee on Risk Assessment and Cost-Benefit Analysis to establish guidelines and procedures for risk assessment and cost-benefit analysis which may be used by the Board of Natural Resources in the course of promulgation of rules and regulations relating to environmental protection. Upon the establishment of those guidelines and procedures, the Advisory Committee would stand abolished.

MONDAY, JANUARY 13, 2003

11

The cost for implementation of the types of analysis specified by this measure are unclear, but the Environmental Protection Division of the Department of Natural Resources estimates that if they had subjected the 15 new regulations promulgated last year to the minimum standards proposed, it would have cost the state approximately $1.5 million.
The promulgation and analysis of environmental regulations is already subject to input from a variety of state sources, including the Department of Natural Resources, the Department's Environmental Protection Division, the Board of Natural Resources, and the Environmental Advisory Council. In addition, pursuant to procedures established both by the provisions of Title 12 of the Official Code of Georgia Annotated, governing Conservation and Natural Resources, and by the Georgia Administrative Procedures Act, Chapter 13 of Title 50 of the Code, any interested individual or organization may submit analysis and comment on any proposed regulation in a public proceeding. These existing avenues offer ample opportunity for the consideration of cost-benefit analysis and data in the development of such regulations without imposing additional costs on the Department.
In fact, the Department of Natural Resources routinely engages in cost-benefit analysis of policy options, and there is no reason to think that this practice will not be continued. In addition, I have serious concerns that the language of House Bill 587 may require the adoption of procedures that could possibly interfere with the state's discharge of its delegated responsibilities under federal clean air and water laws. For these reasons, I VETO House Bill 587.
State of Georgia Office of the Governor
Atlanta 30334-0900
May 21, 2002
The Honorable Thomas B. Murphy Speaker of the House of Representatives 331 State Capitol Atlanta, Georgia 30334
Dear Speaker Murphy:
I have vetoed House Bill 642, which was passed by the General Assembly of Georgia

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in the 2002 Regular Session. Article III, Section V, Paragraph XIII, of the Georgia Constitution requires that I
transmit this bill to you together with the reason for such veto. This bill and corresponding reasons for the veto are attached.
Sincerely,
/s/ Roy E. Barnes
REB:lpt
cc: The Honorable Mark Taylor, Lieutenant Governor The Honorable Cathy Cox, Secretary of State of Georgia The Honorable Thurbert E. Baker, Attorney General Mr. Robert E. Rivers, Jr., Clerk, House of Representatives Mr. Frank Eldridge, Secretary of the Senate Mr. Sewell R. Brumby, Legislative Counsel

Veto Number 11
HB 642 - House Bill 642 began its progress through the General Assembly as a laudable effort to update and clarify our laws governing discovery and inspection of evidence in juvenile proceedings. Along the way, an unrelated amendment was added which would shift the cost to the Department of Juvenile Justice of care and support of a child temporarily placed in or committed to the custody of the Department. Currently the cost of such temporary commitment is borne by the child's county of domicile. The estimated cost to the Department for this amendment is in excess of $3.7 million per year and no budgetary provision has been made for such costs. Therefore, with great reluctance on account of the good work which has gone into the discovery proceedings portion of this bill, I VETO House Bill 642 and encourage the General Assembly to reenact it without costly riders.

State of Georgia Office of the Governor
Atlanta 30334-0900

May 22, 2002

MONDAY, JANUARY 13, 2003

13

The Honorable Thomas B. Murphy Speaker of the House of Representatives 331 State Capitol Atlanta, Georgia 30334
Dear Speaker Murphy:
I have vetoed House Bill 1669, which was passed by the General Assembly of Georgia in the 2002 Regular Session.
Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit this bill to you together with the reason for such veto. This bill and corresponding reasons for the veto are attached.
Sincerely,
/s/ Roy E. Barnes
REB:lpt
cc: The Honorable Mark Taylor, Lieutenant Governor The Honorable Cathy Cox, Secretary of State The Honorable Thurbert E. Baker, Attorney General Mr. Robert E. Rivers, Jr., Clerk, House of Representatives Mr. Frank Eldridge, Secretary of the Senate Mr. Sewell R. Brumby, Legislative Counsel

Veto Number 12
HB 1669 - House Bill 1669 would remove the requirement that all grants of state funds from a special project appropriation or from the Governor's Emergency Fund be audited to insure their proper application by the recipient. This bill would permit such grants to be disbursed without an audit where the amount of the grant is under $5000 and the recipient certifies, or a subrecipient certifies by notarized affidavit, that the funds were properly disbursed. The Governor or the Appropriations Committee of either the House of Representatives or the Senate could require an audit notwithstanding the amount of the grant.
Guaranteeing the integrity of the expenditure of the taxpayers' money is perhaps the highest duty of any public official. Sadly, experience teaches us that it is all too often the case that lax controls over public expenditure lead to mistakes, or worse yet, to temptation. Public officers stand as trustees of public money, and as Justice Benjamin Cardozo wisely observed, they should be held to a standard of "not honesty alone, but the

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punctilio of an honor the most sensitive." It is no answer that the process of obtaining audits is time-consuming, onerous, and expensive. The public expects, and is quite right to expect, no less than the highest standards of accountability. Were this bill to become law, my office would nevertheless require that each and every grant from the Governor's Emergency Fund be audited in the same manner that such grants are audited today. I cannot in good conscience apply a lesser standard to the rest of our state government. Therefore, I VETO House Bill 1669.

State of Georgia Office of the Governor
Atlanta 30334-0900

May 22, 2002

The Honorable Thomas B. Murphy Speaker of the House of Representatives 331 State Capitol Atlanta, Georgia 30334
Dear Speaker Murphy:
I have vetoed House Bill 1494, which was passed by the General Assembly of Georgia in the 2002 Regular Session.
Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit this bill to you together with the reason for such veto. This bill and corresponding reasons for the veto are attached.
Sincerely,
/s/ Roy E. Barnes
REB:lpt
cc: The Honorable Mark Taylor, Lieutenant Governor The Honorable Cathy Cox, Secretary of State The Honorable Thurbert E. Baker, Attorney General Mr. Robert E. Rivers, Jr., Clerk, House of Representatives Mr. Frank Eldridge, Secretary of the Senate Mr. Sewell R. Brumby, Legislative Counsel

MONDAY, JANUARY 13, 2003

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Veto Number 13
HB 1494 - House Bill 1494 impacts the state employees' health insurance plan in two ways. First, the bill would allow spouses and dependent children of former members of the General Assembly to continue to buy into the state health insurance plan after the member's death. Second, the bill allows the state health insurance plan to contract with any agricultural commodity commission for the provision of health insurance for commission employees or retiring employees and their spouses and dependent children. The commissions would be required to pay the employer's share of the plan cost and collect the employee's share for remission to the plan.
Members of the General Assembly may currently buy into the plan if they have been elected eight or more years. Spouses and families are covered after death for 18 months through the Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA). The "employer's share" of insurance premiums for retired General Assembly members is currently absorbed by the contributions of employers of active employees and the state is only collecting approximately 25% of the cost from the family in the form of premiums. Allowing coverage for spouses and dependent children of retired General Assembly members (living or deceased) would significantly increase the cost to the state.
By allowing unique groups such as an agricultural commodity commission to buy into the state health insurance plan, the composition of the risk pool would be subject to change depending on the needs of the group. For example, if only those with significant health care needs participated at lower than market cost (i.e., their contributions don't cover their cost), it would ultimately increase the cost of the plan and premiums for all participants. Further, the Department of Community Health has noted that continued addition of non-state employees to the state health insurance plan may put the state's Employee Retirement Income Security Act (ERISA) exemption at risk. During the last several legislative sessions the state plan has been given the authority to contract with critical access hospitals and local school boards for coverage of their employees.
Because HB 1494 has an unpredictable and unfunded financial impact on the state and in order to help ensure that the state's health care plan remains on a strong financial basis, I therefore VETO House Bill 1494.
State of Georgia Office of the Governor
Atlanta 30334-0900
May 22, 2002

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The Honorable Thomas B. Murphy Speaker of the House of Representatives 331 State Capitol Atlanta, Georgia 30334
Dear Speaker Murphy:
I have vetoed House Bills 1194, 1234, 1562, and 1685, which were passed by the General Assembly of Georgia in the 2002 Regular Session.
Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit these bills to you together with the reason for such vetoes. These bills and corresponding reasons for the vetoes are attached.
Sincerely,
/s/ Roy E. Barnes
REB:lpt
cc: The Honorable Mark Taylor, Lieutenant Governor The Honorable Cathy Cox, Secretary of State of Georgia The Honorable Thurbert E. Baker, Attorney General Mr. Robert E. Rivers, Jr., Clerk, House of Representatives Mr. Frank Eldridge, Secretary of the Senate Mr. Sewell R. Brumby, Legislative Counsel
Veto Number 14
HB 1194 - House Bill 1194 would redraw the districts for the Griffin-Spalding County School System. The author of the bill requested that it be vetoed because of a defect. At the request of the author, I VETO House Bill 1194.
Veto Number 15
HB 1234 - House Bill 1234 would reapportion the Putnam County Board of Education districts. The author of the bill requested that it be vetoed because of a defect. At the request of the author, I VETO House Bill 1234.

MONDAY, JANUARY 13, 2003

17

Veto Number 16 HB 1562 - House Bill 1562 would amend the amount of time allowed for the removal of an abandoned motor vehicle from certain properties. The author of the bill requested that it be vetoed because of a defect. At the request of the author, I VETO House Bill 1562.

Veto Number 17
HB 1685 - House Bill 1685 would reapportion the Crawford County Board of Education districts. The author of the bill requested that it be vetoed because of a defect. At the request of the author, I VETO House Bill 1685.

House of Representatives Atlanta

May 28, 2002

Hon. David Lucas Representative, District 124 2594 Saratoga Drive Macon, Georgia 31211
Dear David:
Pursuant to your request, I am this date removing you from the Reapportionment Committee and placing you back on the Insurance Committee.
Sincerely,
/s/ Thomas B. Murphy Speaker
TBM:bdg
cc: Robyn Underwood, Fiscal Officer Hon. Jimmy Lord Hon. Tommy Smith Robby Rivers

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House of Representatives State Capitol, Room 436 Atlanta, Georgia 30334
July 1, 2002
Honorable Roy Barnes Governor State of Georgia Atlanta, Georgia 30334
Dear Governor Barnes:
Effective July 16, 2002, I will be resigning my seat as Representative of House District 170. It has been my privilege working with you and your staff over the years. You have always made yourself accessible to my requests and I want you to know how much I have appreciated your kindness to myself and my constituency.
I wish you all the best as you continue to serve the people of Georgia.
Sincerely,
/s/ Roger Byrd State Representative District 170
RB/jj
House of Representatives Atlanta
July 26, 2002
Honorable Henry Howard Representative, District 118 2514 Pate Avenue Augusta, Georgia 30906

MONDAY, JANUARY 13, 2003

19

Dear Rep. Howard:
I am this date appointing you Chair of the Human Relations & Aging Committee and removing you from State Planning & Community Affairs.
Sincerely,
/s/ Thomas B. Murphy Speaker
TBM:bdg
cc: Mrs. Robyn Underwood, Fiscal Officer Mr. Robby Rivers, Clerk of the House Mr. Sewell Brumby, Legislative Counsel Hon. Richard Royal House Information Office House Research Office
House of Representatives Atlanta
July 26, 2002
Honorable George Maddox 2503 Jenay Court Decatur, Georgia 30037
Dear Rep. Maddox:
I am this date appointing you as Vice-Chairman of the Industrial Relations Committee replacing Rep. Henry Howard.
Sincerely,
/s/ Thomas B. Murphy Speaker
TBM:bdg

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cc: Robyn Underwood Hon. Paul Smith Hon. Henry Howard Robby Rivers Sewell Brumby House Information House Research

Legislative Services Committee
Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334
July 26, 2002

TO:

MEMBERS OF THE GENERAL ASSEMBLY

FROM THE SEVENTH CONGRESSIONAL DISTRICT

RE:

CAUCUS TO ELECT SEVENTH DISTRICT STATE

TRANSPORTATION BOARD MEMBER

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

MONDAY, JANUARY 13, 2003

21

Legislative Services Committee
Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334
August 15, 2002

Honorable Cathy Cox Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Cathy:
Enclosed is a certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable David Doss was elected as a member of the State Transportation Board from the 7th Congressional District. He will serve for a term expiring April 15, 2006. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With best regards, I am
Sincerely yours,
/s/ Sewell Sewell R. Brumby Legislative Counsel
SRB:df Enclosure cc: Honorable Roy E. Barnes
Honorable Mark Taylor Honorable Thomas B. Murphy Honorable David Doss Honorable Richard O. Marable Honorable Nathan Dean Mr. Tom Coleman Mr. Frank Eldridge, Jr. Mr. Robert E. Rivers, Jr.

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The General Assembly State Capitol Atlanta

TO: HONORABLE CATHY COX SECRETARY OF STATE
This is to certify that Honorable David Doss has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the 7th Congressional District for a term expiring April 15, 2006.
This 2nd day of August, 2002.
/s/ Mark Taylor PRESIDENT OF THE SENATE
/s/ Thomas B. Murphy SPEAKER, HOUSE OF REPRESENTATIVES

House of Representatives Atlanta

December 4, 2002

Mrs. Robyn Underwood Legislative Fiscal Office 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:
Pursuant to Code 28-5-21, I am this date reappointing Representatives Bill Cummings and Tom Buck and appointing Representatives Calvin Smyre and Bob Holmes to serve on the Fiscal Affairs Subcommittee.
Their terms will expire thirty days after the November 2004 general election. Thank you for your assistance.

MONDAY, JANUARY 13, 2003

23

Sincerely, /s/ Terry Coleman
Speaker Nominee
TLC:mn
cc: Honorable Roy Barnes, Governor of Georgia Honorable Mark Taylor, Lt. Governor Honorable Cathy Cox, Secretary of State Honorable Thurbert Baker, Attorney General Mr. Robert Rivers, Clerk of the House Mr. Frank Eldridge, Secretary of Senate Mr. Sewell Brumby, Legislative Council Mrs. Robyn Underwood, Legislative Fiscal Officer Mr. Russell Hinton, State Auditor Mrs. Anita Brochstein, Governor's Office House Information Office House Research Office Honorable Calvin Smyre Honorable Bob Holmes Honorable Tom Buck Honorable Bill Cummings

The following communication from the Honorable Cathy Cox, Secretary of State, certifying the Representatives-elect for the years 2003-2004, was received and read:

State of Georgia Office of Secretary of State
I, Cathy Cox, Secretary of State of the State of Georgia, do hereby certify that the attached eight (8) pages of typewritten matter constitute a true and correct list of State Representatives in the General Assembly of Georgia in the 2002 General Election held on November 5, 2002; all as the same appear of file and record in this office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 8th day of January, in the year of our Lord Two Thousand and Three and of the Independence of the United States of America the Two

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JOURNAL OF THE HOUSE
Hundred and Twenty-seventh. /s/ Cathy Cox
Secretary of State

Michael M. Snow Brian Davis Joyce Ronald Lee Forster Jack Jerome White Roger Williams Steven Craig Brock David Ralston Ben D. Bridges, Sr. Ralph Twiggs Hinton "Amos" Amerson John Thomas Graves, Jr. Barbara Massey Reece Walter Jeffrey Lewis E.M. (Buddy) Childers Paul E. Smith Thomas Patrick Knox Jack Steaven Murphy William Morris (Chip) Rogers J. Calvin Hill Robert L. Franklin, Jr. William Donald Heath, Jr. William Francis (Bill) Cummings Carlton Wellborn Rogers, Sr. Stacey Gerald Reece Mary Jeanette Jamieson Alan T. Powell Charles Warren Massey Christopher David Elrod James Glenn Richardson Howard Richard Maxwell Earl Ehrhart Don L. Parsons Sharon Cooper Matthew Kelly Dollar Judith Gail Manning Don Edwin Wix Alisha Michelle Thomas Patricia A. Dooley

State Representative, District 1 State Representative, District 2 State Representative, District 3, Post 1 State Representative, District 3, Post 2 State Representative, District 4 State Representative, District 5 State Representative, District 6 State Representative, District 7 State Representative, District 8 State Representative, District 9 State Representative, District 10 State Representative, District 11 State Representative, District 12 State Representative, District 13, Post 1 State Representative, District 13, Post 2 State Representative, District 14, Post 1 State Representative, District 14, Post 2 State Representative, District 15 State Representative, District 16 State Representative, District 17 State Representative, District 18 State Representative, District 19 State Representative, District 20 State Representative, District 21 State Representative, District 22 State Representative, District 23 State Representative, District 24 State Representative, District 25 State Representative, District 26 State Representative, District 27 State Representative, District 28 State Representative, District 29 State Representative, District 30 State Representative, District 31 State Representative, District 32 State Representative, District 33, Post 1 State Representative, District 33, Post 2 State Representative, District 33, Post 3

MONDAY, JANUARY 13, 2003

25

William Douglas Stoner Robert Brandon Teilhet Richard Marshall Golick Roger Neal Hines Joseph Mark Burkhalter Charles E. Martin, Jr. Jan Slaughter Jones Thomas Ralph Campbell, Jr. Wendell K. Willard Joseph B. Wilkinson, Jr. Douglas Clark Teper Kathy B. Ashe Patricia Park Gardner Nicholas C. Moraitakis Able Mable Thomas Lanett L. Stanley-Turner John E. Noel Roger B. Bruce William A. Hembree Tyrone Brooks Bob Holmes Sharon Beasley Teague Joe Heckstall Virgil Lee Fludd Douglas Cox Dean Georganna T. Sinkfield Nan Grogan Orrock Francis R. Millar Jill E. Chambers Sally Roettger Harrell Michele Henson Stephanie Stuckey Benfield Mary Margaret Oliver Karla L. Drenner Barbara J. Mobley JoAnn McClinton George Maddox Howard Mosby Pamela S. Stephenson Stanley K. Watson Teresa Greene-Johnson Ron Sailor, Jr. Earnest "Coach" Williams

State Representative, District 34, Post 1 State Representative, District 34, Post 2 State Representative, District 34, Post 3 State Representative, District 35 State Representative, District 36 State Representative, District 37 State Representative, District 38 State Representative, District 39 State Representative, District 40 State Representative, District 41 State Representative, District 42, Post 1 State Representative, District 42, Post 2 State Representative, District 42, Post 3 State Representative, District 42, Post 4 State Representative, District 43, Post 1 State Representative, District 43, Post 2 State Representative, District 44 State Representative, District 45 State Representative, District 46 State Representative, District 47 State Representative, District 48, Post 1 State Representative, District 48, Post 2 State Representative, District 48, Post 3 State Representative, District 48, Post 4 State Representative, District 49 State Representative, District 50 State Representative, District 51 State Representative, District 52 State Representative, District 53 State Representative, District 54 State Representative, District 55 State Representative, District 56, Post 1 State Representative, District 56, Post 2 State Representative, District 57 State Representative, District 58 State Representative, District 59, Post 1 State Representative, District 59, Post 2 State Representative, District 59, Post 3 State Representative, District 60, Post 1 State Representative, District 60, Post 2 State Representative, District 60, Post 3 State Representative, District 61, Post 1 State Representative, District 61, Post 2

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William W. Mitchell, Jr. Randal Mangham Barbara Jean Bunn Thomas Robert Rice Brooks P. Coleman, Jr. Pedro R. Marin Michael Todd Coan James Willard Mills, Jr. David Samuel Casas Curt Blackburn Thompson, II James Hugh Floyd Charles E. Bannister Scott Dix John Wilson Heard Rolano Lenwood Walker Donna H. Sheldon James S. "Jim" Stokes John Foster Douglas Mary Louise McBee Keith G. Heard Robert H. (Bob) Smith, Sr. Robert Melvin (Mickey) Channell Thomas Allen McCall Barry Abbott Fleming Ben Lewis Harbin Victor Keith Hill Gail M. Buckner Darryl Wiggins Jordan Ronald Martin Dodson Michael E. Barnes John Yates John R. Lunsford Lynn A. Westmoreland Evelyn "Lynn" Ratigan Smith John Mark Butler Charles (Chuck) M. Harper Jeffrey Warner Brown Carl Von Epps Robert Mallory (Mack) Crawford Lee Howell Curtis Stephen Jenkins Bobby Eugene Parham Helen G. "Sistie" Hudson

State Representative, District 61, Post 3 State Representative, District 62 State Representative, District 63 State Representative, District 64 State Representative, District 65 State Representative, District 66 State Representative, District 67, Post 1 State Representative, District 67, Post 2 State Representative, District 68 State Representative, District 69, Post 1 State Representative, District 69, Post 2 State Representative, District 70, Post 1 State Representative, District 70, Post 2 State Representative, District 70, Post 3 State Representative, District 71, Post 1 State Representative, District 71, Post 2 State Representative, District 72 State Representative, District 73 State Representative, District 74 State Representative, District 75 State Representative, District 76 State Representative, District 77 State Representative, District 78 State Representative, District 79 State Representative, District 80 State Representative, District 81 State Representative, District 82 State Representative, District 83 State Representative, District 84, Post 1 State Representative, District 84, Post 2 State Representative, District 85, Post 1 State Representative, District 85, Post 2 State Representative, District 86 State Representative, District 87 State Representative, District 88, Post 1 State Representative, District 88, Post 2 State Representative, District 89 State Representative, District 90 State Representative, District 91 State Representative, District 92 State Representative, District 93 State Representative, District 94 State Representative, District 95

MONDAY, JANUARY 13, 2003

27

Susan J. Burmeister William Quincy Murphy Henry L. Howard Peter R. Warren Alberta J. Anderson Robert Emory Lane Larry J. "Butch" Parrish Jimmy Lord Kenneth (Ken) W. Birdsong David E. Lucas David B. Graves Nikki T. Randall Robert Franklin Ray Debbie Gignilliat Buckner Vance Smith, Jr. Calvin Smyre Thomas B. Buck III Carolyn F. Hugley Lynmore James Larry Walker James Marvin Skipper, Jr. Lawrence E. O'Neal Terry L. Coleman Stephen DuBose Porter Gregory Adam Morris Terry E. Barnard Bert Smith Oliver Ann R. Purcell James Ronald Stephens Lester George Jackson, III Edward V. Stephens, Sr. Thomas C. Bordeaux, Jr. Cecil Burke Day, Jr. Homer M. (Buddy) DeLoach (Al) Cyril Algermon Williams George Hinson Mosley Tommy Ray Smith Charles (Chuck) Neil Sims, Jr. James (Jay) Hugh Roberts Johnny W. Floyd Robert P. Hanner Gerald E. Greene Lawrence R. Roberts

State Representative, District 96 State Representative, District 97 State Representative, District 98 State Representative, District 99 State Representative, District 100 State Representative, District 101 State Representative, District 102 State Representative, District 103 State Representative, District 104 State Representative, District 105 State Representative, District 106 State Representative, District 107 State Representative, District 108 State Representative, District 109 State Representative, District 110 State Representative, District 111 State Representative, District 112 State Representative, District 113 State Representative, District 114 State Representative, District 115 State Representative, District 116 State Representative, District 117 State Representative, District 118 State Representative, District 119 State Representative, District 120 State Representative, District 121, Post 1 State Representative, District 121, Post 2 State Representative, District 122 State Representative, District 123 State Representative, District 124, Post 1 State Representative, District 124, Post 2 State Representative, District 125 State Representative, District 126 State Representative, District 127 State Representative, District 128 State Representative, District 129, Post 1 State Representative, District 129, Post 2 State Representative, District 130 State Representative, District 131 State Representative, District 132 State Representative, District 133 State Representative, District 134 State Representative, District 135

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Winfred Dukes Eugene Edward Rynders, Jr. James Austin Scott Lillian Penelope (Penny) Houston A. Richard Royal Wallace E. Sholar Hugh D. Broome, Jr. Ronald Michael Borders James (Jay) S. Shaw Calvin Ellis Black Michael P. Boggs Jerry L. Keen Cecily A. Hill

State Representative, District 136 State Representative, District 137 State Representative, District 138 State Representative, District 139 State Representative, District 140 State Representative, District 141, Post 1 State Representative, District 141, Post 2 State Representative, District 142 State Representative, District 143 State Representative, District 144 State Representative, District 145 State Representative, District 146 State Representative, District 147

The following communication was received:

House of Representatives Legislative Office Building, Room 408
Atlanta, Georgia 30334

TO:

Robbie Rivers

Clerk of the House

FROM:

Lynn Westmoreland Minority Leader

DATE: January 13, 2003

"Pursuant to House Rule 159, I hereby lodge a protest to the seating of Mike Snow as the Representative from the First District. The election results from the special election held January 7, 2003 are being recounted today and an election contest and motion to enjoin the seating of Mr. Snow are taking place this morning in Walker County. It appears that over 100 voters cast illegal ballots and the margin of victory was only 75. Therefore, it appears likely that an election contest will succeed and a new election will be held. As the acting Speaker and with the authority to handle all matters relating to this House's organization, I request that you decline to seat Mr. Snow until such time as the election contest can be determined in Walker County. In the alternative, I ask that you decline to seat Mr. Snow and refer this matter for determination by the Committee on Rules."

MONDAY, JANUARY 13, 2003

29

The following oath of office was administered to the Representatives-elect by the Honorable Norman S. Fletcher, Chief Justice, Supreme Court of Georgia.
I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me. I will so conduct myself, as will, in my judgement, be most conducive to the interests and prosperity of this State.
I further swear or affirm that I am not the holder of any public money due this State or my political subdivision or authority thereof, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and that I am not a member of the Communist Party.
SO HELP ME GOD.

LOYALTY OATH
I am a citizen of the State of Georgia and a member of the General Assembly and the recipient of public funds for services rendered as such officer and I do hereby solemnly swear and affirm that I will support the Constitution of the United States and the Constitution of Georgia.
SO HELP ME GOD.

The next order of business being the election of the Speaker of the House for the 2003-2004 term, Representative Buck of the 112th placed in nomination the name of the Honorable Terry L. Coleman of the 118th, which nomination was seconded by Representative McClinton of the 59th, Post 1.
Representative Smith of the 87th placed in nomination the name of the Honorable Len Westmoreland of the 86th, which nomination was seconded by Representative Brown of the 89th.
Representative Skipper of the 116th moved that the nominations be closed.
The motion prevailed.
The election of the Speaker was ordered on the roll call machine. Those voting for Representative Coleman voted "aye". Those voting for Representative Westmoreland

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voted "nay".

The vote was as follows:

N Amerson Y Anderson Y Ashe N Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B Y Coleman, T N Cooper N Crawford

Y Cummings N Day Y Dean Y Deloach N Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart N Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner N Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner N Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson

N Hill, C Hill, C.A
Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins N Jones Y Jordan N Joyce N Keen N Knox Y Lane N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham N Manning Y Marin N Martin N Massey N Maxwell Y McBee Y McCall Y McClinton N Millar N Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell N Ralston Y Randall Y Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders Y Sailor N Scott Y Shaw N Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates

On the election of the Speaker, The Honorable Terry L. Coleman received 109 votes and the Honorable Len Westmoreland received 70 votes.
The Honorable Terry L. Coleman of the 118th, having received the majority of the votes cast, is hereby declared elected Speaker of the House for the ensuing term.
The Chair appointed as a Committee to escort the Speaker to the Speaker's stand the following members:
Representatives Benfield of the 56th, Post 1, Channell of the 77th, Hanner of the

MONDAY, JANUARY 13, 2003

31

133rd, Jackson of the 124th, Post 1, Maddox of the 59th, Post 2, Parrish of the 102nd, and Royal of the 140th.
The Honorable Terry L. Coleman was escorted to the Speaker's stand whereupon he assumed the Chair and thanked the members for having elected him Speaker.

Representative Hill of the 147th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.

The next order of business being the election of a Speaker Pro Tem for the House for the 2003-2004 term, the name of the Honorable DuBose Porter of the 119th was placed in nomination by Representative Ashe of the 42nd, Post 2, which nomination was seconded by Representative Roberts of the 135th.

Representative Smith of the 110th placed in nomination the name of the Honorable Jerry Keen of the 146th, which nomination was seconded by Representative Burkhalter of the 36th.

Representative Skipper of the 116th moved that the nominations be closed.

The motion prevailed.

The election of the Speaker Pro Tem was ordered on the roll call machine. Those voting for Representative Porter voted "aye". Those voting for Representative Keen voted "nay".

The vote was as follows:

N Amerson Y Anderson Y Ashe N Bannister N Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome

Y Cummings N Day Y Dean Y Deloach N Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart N Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J

N Hill, C N Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard
Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins N Jones Y Jordan N Joyce

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter

Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson Y Stokes Y Stoner

32
N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B Y Coleman, T N Cooper N Crawford

JOURNAL OF THE HOUSE

Y Fludd N Forster N Franklin Y Gardner N Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner N Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson

N Keen N Knox Y Lane N Lewis Y Lord
Lucas N Lunsford Y Maddox Y Mangham N Manning Y Marin N Martin N Massey N Maxwell Y McBee Y McCall Y McClinton N Millar N Mills

Y Powell Y Purcell N Ralston Y Randall Y Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders Y Sailor N Scott Y Shaw N Sheldon

Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates

On the election of the Speaker Pro Tem, the Honorable DuBose Porter received 106 votes, and the Honorable Jerry Keen received 72 votes.
The Honorable DuBose Porter of the 119th, having received the majority of the votes cast, is thereby declared elected Speaker Pro Tem of the House for the ensuing term.
The Speaker appointed as a committee to escort the Speaker Pro Tem to the Speaker's stand the following members:
Representatives Boggs of the 145th, Fludd of the 48th, Post 4, Graves of the 106th, Hugley of the 113th, Jordan of the 83rd, Marin of the 66th, McBee of the 74th, Morris of the 120th, Oliver of the 121st, Post 2, and Teper of the 42nd, Post 1.
The Honorable DuBose Porter of the 119th was escorted to the Speaker's stand where he addressed the House expressing his appreciation to the members for having elected him Speaker Pro Tem of the House of Representatives.

Representatives Howell of the 92nd and Lucas of the 105th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The following Resolutions of the House were read and adopted:

HR 9.

By Representatives Skipper of the 116th, Orrock of the 51st, Smyre of the 111th and Porter of the 119th

MONDAY, JANUARY 13, 2003

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

HR 10. By Representatives Skipper of the 116th, Orrock of the 51st, Smyre of the 111th and Porter of the 119th

A RESOLUTION
Relative to officials, employees, and committees in the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the following provisions shall be in effect during the 2003 regular session of the General Assembly of Georgia and for the duration of this General Assembly and until otherwise provided for by resolution of the House:
PART 1. SECTION 1-1.
Subject to the availability of funds appropriated or otherwise available for the House of Representatives and House Research Office, the Speaker of the House is authorized to employ on behalf of the House of Representatives: a sergeant-at-arms, a postmaster or postmistress, assistant postmasters or assistant postmistresses, assistant doorkeepers, pages, aides, secretaries, stenographers, typists, clerks, porters, court reporters, consultants, and other necessary personnel; and the Speaker is authorized to provide for a House Research Office and to employ personnel for said office. The numbers and compensation of personnel so employed pursuant to this section shall be fixed by the Speaker within the limitations of funds appropriated or otherwise available for the operation of the House of Representatives and the House Research Office. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis, as may be determined by the Speaker. The assignment and duties of personnel employed pursuant to this section shall be as determined by the Speaker; and any such personnel may be assigned to House officers, committees, committee officers, caucuses, and caucus officers as deemed appropriate by the Speaker, including without limitation assignment of aides to the Speaker Pro

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Tempore, the Majority Leader, and the Minority Leader.
SECTION 1-2. The Speaker is also authorized to secure the services of chaplains and interns and provide expense reimbursement allowances for them within the limitations of funds appropriated or otherwise available.
SECTION 1-3. The Doorkeeper of the House and the Messenger of the House, who are elected by the House, shall be compensated in an amount to be fixed by the Speaker of the House.
PART 2. SECTION 2-1.
Subject to the availability of funds appropriated or otherwise available for the Clerk of the Houses office, the Clerk of the House is authorized to employ for the Clerks office: assistant clerks, reading clerks, calendar clerks, journal clerks, secretaries, copy readers, typists, Multilith operators, Xerox operators, collator operators, porter-machinists, rollcall operators, clerical assistants, terminal operators, camera operators, supply and mail clerks, document distributors, audio operators, porters, personnel to distribute bills and other materials for members, and other necessary personnel. The numbers and compensation of personnel employed pursuant to this section shall be fixed by the Clerk within the limitations of funds appropriated or otherwise available for the operation of the Clerk of the Houses office. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis, as may be determined by the Clerk. The assignment and duties of personnel employed pursuant to this section shall be as determined by the Clerk.
SECTION 2-2. Pursuant to the provisions of Code Section 28-3-23 of the Official Code of Georgia Annotated, the salary of the Clerk of the House shall be the same amount the Clerk was receiving at the time of adoption of this resolution by the House. In addition to that amount, the Clerk shall also receive the same percentage salary increase provided in the General Appropriations Act for employees of the legislative branch of state government. During the Clerks tenure of office, he or she shall also receive the same expense allowance and the same mileage allowance or travel allowance as received by members of the General Assembly for each day of service rendered by the Clerk.
PART 3. SECTION 3-1.
Subject to the availability of funds appropriated or otherwise available for the operation of the Speaker of the Houses Office, the Speaker of the House is authorized to employ

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35

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

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

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

The following Resolution of the House was read:

HR 11. By Representatives Skipper of the 116th, Orrock of the 51st, Porter of the 119th and Smyre of the 111th

A RESOLUTION
Adopting the Rules of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House of Representatives in force at the adjournment of the regular 2002 session of the General Assembly are hereby adopted as the Rules of the House of Representatives for the regular 2003 session and for the duration of this General Assembly, with the following amendment which is also hereby adopted:
House Rule 5 is amended to read as follows: "Rule 5. The Speaker shall appoint the following standing committees: (1) Administrative Services. (1) (2) Agriculture and Consumer Affairs. (2) (3) Appropriations. (4) Arts and Humanities. (3) (5) Banks and Banking. (4) (6) Children and Youth. (5) (7) Defense and Veterans Affairs. (8) Economic Development and Tourism. (6) (9) Education.

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(7) (10) Ethics. (8) (11) Game, Fish, and Parks. (9) (12) Governmental Affairs. (10) (13) Health and Ecology. (11) (14) Higher Education. (12) (15) Human Relations and Aging. (13) (16) Industrial Relations. (14) Industry. (15) (17) Insurance. (16) (18) Interstate Cooperation. (17) (19) Intragovernmental Coordination. (18) (20) Journals. (19) (21) Judiciary. (20) (22) Legislative and Congressional Reapportionment. (21) (23) Motor Vehicles. (22) (24) Natural Resources and Environment. (23) (25) Public Safety. (26) Public Utilities. (24) (27) Regulated Beverages. (25) (28) Retirement. (26) (29) Rules. (27) (30) Special Judiciary. (28) (31) State Institutions and Property. (29) (32) State Planning and Community Affairs. (30) (33) Transportation. (31) (34) Ways and Means."

The following amendment was read:

Representative Franklin of the 17th moves to amend HR 11 by inserting immediately preceding "and for other purposes." on line 1 of page 1 the following:
"amending the Rules of the House;"
By adding immediately following the last line of page 2 the following:
"BE IT FURTHER RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House are amended by inserting at the end of Rule 7 a new paragraph to read as follows:
'Each vote of all committees and subcommittees shall be by a show of hands or roll

MONDAY, JANUARY 13, 2003

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call, and the secretary of chairperson of each committee and subcommittee shall record how each member present voted or if he or she abstained from voting.'"

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

Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes N Beasley-Teague N Benfield N Birdsong N Black Y Boggs N Bordeaux N Borders Y Bridges Y Brock N Brooks N Broome Y Brown N Bruce N Buck N Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers N Channell N Childers Y Coan
Coleman, B Coleman, T Y Cooper Y Crawford

N Cummings Y Day N Dean N Deloach Y Dix N Dodson Y Dollar N Dooley Y Douglas N Drenner N Dukes Y Ehrhart Y Elrod N Epps Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin N Gardner Y Golick Y Graves, D Y Graves, T N Greene N Greene-Johnson N Hanner Y Harbin Y Harper N Harrell Y Heard, J N Heard, K Y Heath N Heckstall Y Hembree N Henson

Y Hill, C Y Hill, C.A N Hill, V Y Hines N Holmes N Houston N Howard N Howell N Hudson N Hugley N Jackson N James N Jamieson N Jenkins Y Jones
Jordan Y Joyce Y Keen Y Knox N Lane Y Lewis N Lord N Lucas Y Lunsford
Maddox N Mangham Y Manning N Marin Y Martin Y Massey Y Maxwell
McBee N McCall N McClinton Y Millar Y Mills

N Mitchell N Mobley N Moraitakis N Morris N Mosby N Mosley Y Murphy, J N Murphy, Q N Noel N Oliver, B N Oliver, M Y O'Neal N Orrock N Parham N Parrish Y Parsons N Porter N Powell N Purcell Y Ralston N Randall N Ray N Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J N Roberts, L N Rogers, C Y Rogers, Ch. N Royal Y Rynders N Sailor Y Scott
Shaw Y Sheldon

N Sholar N Sims N Sinkfield N Skipper Y Smith, B Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre N Snow N Stanley-Turner N Stephens, E Y Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas, A N Thomas, A.M N Thompson N Twiggs N Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates

On the adoption of the amendment, the ayes were 72, nays 102. The amendment was lost.

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

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follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B
Coleman, T Y Cooper Y Crawford

Y Cummings Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson

Y Hill, C Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

On the adoption of the Resolution, the ayes were 179, nays 0.

The Resolution was adopted.

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates

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

Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following resolutions

MONDAY, JANUARY 13, 2003

41

of the Senate:
SR 2. By Senators Johnson of the 1st, Price of the 56th and Balfour of the 9th:
A RESOLUTION to notify the House of Representatives that the Senate has convened; and for other purposes.
SR 3. By Senators Johnson of the 1st, Price of the 56th and Balfour of the 9th:
A RESOLUTION calling a joint session of the House of Representatives and Senate; providing for other matters relative to the inauguration of the Governor and Lieutenant Governor; and for other purposes.
The Secretary has appointed as a Committee of Escort on the part of the Senate the following Senators: Johnson of the 1st, Meyer von Bremen of the 12th, Gillis of the 20th, Brown of the 26th, Lee of the 29th, Stephens of the 51st and Price of the 56th.

The following Resolution of the Senate was read:

SR 3. By Senators Johnson of the 1st, Price of the 56th and Balfour of the 9th

A RESOLUTION
Calling a joint session of the House of Representatives and Senate; providing for other matters relative to the inauguration of the Governor and Lieutenant Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the House of Representatives and Senate meet in joint session at 2:00 P.M., Monday, January 13, 2003, at Philips Arena for the purpose of inaugurating Honorable Sonny Perdue as Governor and Honorable Mark Taylor as Lieutenant Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the presiding officer of the House and seven from the Senate to be named by the President Pro Tempore of the Senate, be appointed to escort the Governor-elect and the Lieutenant Governor-elect to the inauguration.

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

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follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Cooper Y Crawford

Y Cummings Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson

Y Hill, C Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

On the adoption of the Resolution, the ayes were 178, nays 0. The Resolution was adopted.

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs
Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates

Representative Beasley-Teague of the 48th, Post 2 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 next order of business being the election of a Clerk of the House for the 2003-

MONDAY, JANUARY 13, 2003

43

2004 term, Representative McBee of the 74th placed in nomination the name of the Honorable Robert E. Rivers, Jr. of Haralson County, as Clerk, which nomination was seconded by Representative Stephens of the 123rd.
Representative Skipper of the 116th moved that the nominations be closed and that the Deputy Clerk of the House be instructed to cast the entire vote of the membership present for the nominee. The motion prevailed and on the election of the Clerk of the House, the Honorable Robert E. Rivers, Jr. of Haralson County received 180 votes, being the entire vote of the membership present.
The Honorable Robert E. Rivers, Jr. was thereby declared elected Clerk of the House for the ensuing term.
The Chair appointed as a Committee to escort the Clerk to the Speaker's stand the following members:
Representatives Bannister of the 70th, Post 1, Beasley-Teague of the 48th, Post 2, Buck of the 112th, Harbin of the 80th, Manning of the 32nd, Roberts of the 135th, Smith of the 87th, and Twiggs of the 8th.
The following oath of office was administered to the Honorable Robert E. Rivers, Jr., Clerk of the House, by Terry L. Coleman, Speaker of the House of Representatives:
I hereby swear that I will discharge the duties of the office of the Clerk of the House of Representatives, faithfully and to the best of my skill and knowledge. I further swear that I am not the holder of any public money due this State or any political subdivision or authority thereof, unaccounted for, that I am not the holder of any office of trust under the government of the United States, nor of any one of the several states, nor of any foreign state, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia; and that I am not a member of the communist party.
So help me God.
The Clerk addressed the House expressing his appreciation to the members for having elected him Clerk of the House of Representatives.

The next order of business being the election of a Doorkeeper of the House for the 2003-2004 term, Representative James of the 114th placed in nomination the name of the Honorable Ward Edwards, which nomination was seconded by Representative Morris of the 120th.
Representative Skipper of the 116th moved that the nominations be closed and that

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the Clerk of the House be instructed to cast the entire vote of the membership present for the nominee. The motion prevailed and on the election of the Doorkeeper of the House, the Honorable Ward Edwards received 180 votes, being the entire vote of the membership present.
The Honorable Ward Edwards was thereby declared elected Doorkeeper of the House for the ensuing term.
The Speaker appointed as a committee to escort the Doorkeeper to the Speaker's stand the following members:
Representatives Barnard of the 121st, Post 1, Birdsong of the 104th, DeLoach of the 127th, Floyd of the 132nd, Hudson of the 95th, Jenkins of the 93rd, Lord of the 103rd, O`Neal of the 117th, Oliver of the 121st, Post 2, Parham of the 94th, Parrish of the 102nd, Ray of the 108th, Roberts of the 131st, and Skipper of the 116th.
The Honorable Ward Edwards was escorted to the Speaker's stand where he expressed his appreciation to the members for having elected him as Doorkeeper of the House of Representatives.

The next order of business being the election of a Messenger of the House for the 2003-2004 term, Representative Hanner of the 133rd placed in nomination the name of the Honorable Don Castleberry, which nomination was seconded by Representative Brooks of the 47th.
Representative Skipper of the 116th moved that the nominations be closed and the Clerk of the House be instructed to cast the entire vote of the membership present for the nominee. The motion prevailed and on the election of the Messenger of the House, the Honorable Don Castleberry received 180 votes, being the entire vote of the membership present.
The Speaker appointed as a committee to escort the Messenger to the Speaker's stand the following members:
Representatives Campbell of the 39th, Childers of the 13th, Post 1, Cummings of the 19th, Greene of the 134th, Lane of the 101st, McCall of the 78th, Smyre of the 111th, and Stanley-Turner of the 43rd, Post 2.
The Messenger was escorted to the Speaker's stand where he expressed his appreciation to the members for having elected him as Messenger of the House of Representatives.

MONDAY, JANUARY 13, 2003

45

Representative Porter of the 119th recognized the following new members of the House:
Representatives Brock of the 5th, Bruce of the 45th, Buckner of the 109th, Butler of the 88th, Post 1, Casas of the 68th, Chambers of the 53rd, Dollar of the 31st, Dooley of the 33rd, Post 3, Douglas of the 73rd, Elrod of the 25th, Fleming of the 79th, Floyd of the 69th, Post 2, Fludd of the 48th, Post 4, Graves of the 10th, Greene-Johnson of the 60th, Post 3, Harper of the 88th, Post 2, Heard of the 70th, Post 3, Heath of the 18th, Hill of the 16th, Hill of the 147th, Hill of the 81st, Howell of the 92nd, Jones of the 38th, Marin of the 66th, Martin of the 37th, Maxwell of the 27th, Mitchell of the 61st, Post 3, Moraitakis of the 42nd, Post 4, Mosby of the 59th, Post 3, Murphy of the 14th, Post 2, Murphy of the 97th, Noel of the 44th, Oliver of the 121st, Post 2, Oliver of the 56th, Post 2, Ralston of the 6th, Reece of the 21st, Roberts of the 131st, Rogers of the 15th, Rynders of the 137th, Sheldon of the 71st, Post 2, Stephens of the 124th, Post 2, Stephenson of the 60th, Post 1, Stoner of the 34th, Post 1, Teilhet of the 34th, Post 2, Thomas of the 33rd, Post 2, Thomas of the 43rd, Post 1, Thompson of the 69th, Post 1, Warren of the 99th, White of the 3rd, Post 2, Williams of the 128th, and Williams of the 61st, Post 2.

The Speaker announced the House in recess until the hour of convening the Joint Session pursuant to SR 3.

The hour of convening the Joint Session pursuant to SR 3 having arrived, the members of the House and Senate met for the purpose of inaugurating the Honorable Sonny Perdue as Governor and the Honorable Mark Taylor as Lieutenant Governor.

The inaugural program was as follows:

The Inauguration of the
Governor of Georgia

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January the Thirteenth Two Thousand and Three

The 2003 Gubernatorial Inaugural Committee

Co-Chairmen Nancy Coverdell Alec Poitevint

Mary Adams Bill Adler
Michael Altmann Tom Arrendale
Boyd Austin Earl Barrs Lee Bass Oliver Bateman Mike Beatty Ken Bernard Mary Beverly Arthur Blank Nancy Bobbitt Mike Bowers Brent Brown Danny Brown Vernadette Ramirez-Broyles Danny Bryant Brian Burdette Dot Burns Bill Byrne Susan Cable Anna Cablik Tony Campbell Rayna Casey Mack Chandler Chris Clark Denise Clopton Don Cole Jim Comerford Pete Correll Fred Cooper Wallace Coopwood Ben Copeland Jeff Davis Clint Day Lou Dekmar

Craig Dowdy Kevin Dowdy
Molly Dye Van Dykes Norma Edenfield Roy Embry Jimmy Franklin Mayor Shirley Franklin Donny Free Scott Free Bill Fuqua Marilyn Gilhuly Judy Goddard Kay Godwin Shannon Goesling Johnny Grant Shirley Guhl Joe Hatfield Raymond Hawkins Mark Hennessy Linda Herren Guy Hill Anthony-Scott Hobbs Bob Irvin Scott Italiaander
Jim Ivey Mansfield Jennings
Phillip Jennings Dub Jones Gregg Jones
Patrick Jones Carole Kaczorowski
Alton Knight David Knight Bob Krueger Willard Lasseter Bill Lavendar

Debbie Lyons Colin Martin Mario Martinez Mack Mattingly David McCleary Virgil McEver Larry McNeal Guy Millner Ken Morrow Sandra Neal Chris Nedza
Phil Neff Rusty Paul Matthew Payne Chip Pearson Rick Poppell Wesley Rakestraw Bob Ratliff Ralph Reed Joe Rogers Norma Rogers Frank Ros Paula Rosput J. Roy Rowland Linda Schrenko Tripp Self Gene Sorrells Steve Stancil Joyce Carter Stevens Michael Sullivan Carl Swearingen Cullen Talton Stan Thomas Todd Tibbetts Pat Tippett Doug Tollett Carl Ware

Rob Dial Sonny Dinsmore Barbara Dooley
Ann Dorsey

MONDAY, JANUARY 13, 2003
Ed Lindsey Mike Long Jeff Lukken Sybil Lynn

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Larry Warnock Tom Wiley
Burt Wilkerson William Woodall

The 2003 Gubernatorial Inaugural Committee

Co-Chairmen Nancy Coverdell Alec Poitevint

The Inauguration of the 81st Governor of Georgia is a celebration of the diverse people of Georgia, and the contribution we can make together to move our great state forward. Georgia's history is lined with great leaders who put the state and its people before politics. Individuals such as Sam Nunn, Paul Coverdell, and Zell Miller have sought bold, new ideas to improve the lives of Georgians.

Now, in the 21st Century, we look to build on the successes of these great leaders, making Georgia an example to the entire world of the benefits of working together as a team with a common purpose: improving the quality of life for Georgia's citizens.

The inauguration of a new Governor offers the opportunity to celebrate new leadership in government and a new spirit in our state. The theme of this inauguration, The New Georgia, is a call to action for Georgians. We will face many challenges in moving forward. If we work together, there is nothing we cannot overcome.

It is our pleasure to welcome you to the Inauguration of the 81st Governor of Georgia. We invite all Georgians to join in this special celebration!

Sincerely,

/s/ Nancy Coverdell

/s/ Alec Poitevint

The Inauguration of the Governor of Georgia A Brief History
Georgia has always recognized the importance of gubernatorial inaugurations, treating the events with dignity and reverence.
For nearly one hundred and fifty years, the ceremony was open to only a handful of individuals. The swearing-in traditionally took place in the House of Representatives chamber, with the Speaker of the House presiding over the ceremony. The joint session

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of the legislature would witness the swearing-in, along with citizens in the gallery. Following the Oath of Office, the incoming Governor would administer the oaths to the constitutional officers, and deliver his Inaugural address to the legislature.
Traditionally, a small celebration was held upstairs in the Capitol building, providing the new Governor an opportunity to meet with legislators and community leaders.
In 1946, the swearing-in ceremony was moved outside, allowing thousands of citizens, willing to brave the winter weather, the opportunity to witness the event. As the state continued to grow, so did the size of celebrations. Inaugural balls became commonplace, and the event's symbolic importance continued to grow.
This year, the swearing-in will take place at Atlanta's Philips Arena, offering tens of thousands of citizens the opportunity to witness the event in comfort, regardless of the weather conditions.
The Inaugural Ball will be held at the Georgia World Congress Center, providing citizens from all corners of the state and from all walks of life the opportunity to celebrate the dawning of a New Georgia with Governor and Mrs. Perdue.

A Message from the Governor Sonny Perdue
My fellow Georgians,
Mary and I are honored to welcome you to our state's capital for this very special occasion.
As we gather, we celebrate not just the inauguration of a Governor and other constitutional officers, but pride in our state and gratitude for the blessings of freedom. For many nations the world over, the transfer of power is characterized by violence and fear, not peaceful celebration. The greatness of our system is that, despite our differences, we focus on what unites us. As Americans and Georgians we recognize the sovereignty of the people.
Over the past year, I've spoken of building a New Georgia. The people of Georgia deserve a principle-centered, people-focused government that will uphold the highest standards of trust in government, build a world-class education system and attract high quality jobs to our state.
This agenda is not Democratic or Republican; it is the shared vision of the people of Georgia. Together, we can reach these goals.

MONDAY, JANUARY 13, 2003

49

As we celebrate, let us rededicate ourselves to public service and remember that whatever our party label or political allegiance we must stand united for the good of all Georgians. Together, we will build the New Georgia.
Mary and I thank you for being a part of this special occasion.
Sincerely,
/s/ Sonny Sonny Perdue Governor of Georgia

George Ervin "Sonny" Perdue, III Governor of Georgia
Sonny Perdue, Georgia's 81st Governor, was born December 20, 1946 in the middle Georgia community of Perry. The son of George Ervin Perdue, Jr., a lifelong farmer, and Ophie Perdue, a teacher in the public schools for over 40 years, Perdue attended Warner Robins High School, before moving on to earn a doctorate in veterinary medicine in 1971 from the University of Georgia. Prior to being admitted tot he veterinary school, Perdue played football with Coach Vince Dooley's Georgia Bulldogs as a walk on.
While still in school, Sonny volunteered to serve his nation in the United States Air Force. While in the Air Force, Sonny honed his flying skills, and still enjoys traveling the state in his single-engine Bellanca Super Viking.
Following his honorable discharge from the Air Force in 1974 with the rank of Captain and a brief tenure as a practicing veterinarian in Raleigh, North Carolina, Perdue returned to his native Georgia and became a successful small-business owner. He started two business from the ground up, concentrating in agribusiness and transportation. Today, those businesses have grown to include several locations across the Southeast.
Sonny was already a dedicated leader in his church and his community when he decided to enter public service. After serving on the Houston County Planning and Zoning Board during 1980's, Sonny caught the attention of local community leaders and was asked to run for the Georgia State Senate. He won, and spent the next 11 years representing the people of Houston, Bibb, Bleckley, and Pulaski Counties in the General Assembly.
Today, Sonny lives just down the road from his boyhood home in Bonaire. He is married to the former Mary Ruff of Atlanta, Georgia. The couple has four children: Leigh, a speech therapist; Lara, a software consultant in Atlanta; Jim, a UGA graduate who was recently called into the ministry and currently attends Southeastern Seminary in Wake

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Forest, North Carolina; and Dan, an undergraduate student at Middle Georgia College. They also have twin granddaughters, Mary Kate and Sunni. In addition, Mary and Sonny serve as foster parents for newborns awaiting adoption.
The Perdues are members of the Second Baptist Church in Warner Robins, where Sonny and Mary have taught the Family Foundations Sunday School Class.

Mary Perdue First Lady of Georgia
Mary Perdue has proudly lived a life centered on family and children in her roles as a mother, grandmother, foster parent, a speech pathologist in public schools, and a children's ministry director in her church. As Georgia's new First Lady, she will continue to make family and children's issues her central focus.
Mary, the third of five children, is the daughter of Ed and Lorraine Ruff. She was born in New Orleans, Louisiana, and also lived in Nashville, Tennessee before settling in Atlanta. She graduated from Lakeside High School in DeKalb County and attended the University of Georgia, where she met Sonny Perdue of Houston County on a blind date. As the couple dated for four years, she became most impressed by his devout faith. In September 1972, the couple married.
While her husband was stationed as an officer in the United States Air Force in Ohio, Mrs. Perdue earned her Masters in Speech Therapy from Ohio State University. At various points over the past three decades, Mrs. Perdue has served as a speech therapist to children at every grade level from pre-kindergarten to high school students.
Child Welfare has always been at the forefront of Mrs. Perdue's role in her local community. Since 1998, she and her husband have served as foster parents for eight newborns awaiting adoption through Covenant Care in Macon, Georgia. As an issue close to her heart, Mrs. Perdue would like to use her role as the First Lady of Georgia to highlight the needs of the Foster Care programs in Georgia.
Mary is also active in her church Second Baptist Church of Warner Robins. For years, she worked in the children's ministry and the Bible schools. She and Sonny also initiated and then taught a Family Foundations Sunday School Class, dedicated to making marriages stronger.

Mark Taylor Lieutenant Governor of Georgia

MONDAY, JANUARY 13, 2003

51

Born in Atlanta and raised in Albany, Mark Taylor is a Georgia native son. As Lt. Governor, and the Georgia Senate's presiding officer, Mark Taylor is working to accomplish his vision of more jobs, safer communities and better schools for all of Georgia.
Lieutenant Governor Mark Taylor has worked year-round with hospital administrators, doctors, emergency medical personnel, and public health officials to ensure every Georgia citizen regardless of income or geographic location has access to quality trauma care during the first critical hours following an accident or other traumatic event. Funding in fiscal year 2003 provides, for the first time, state financial support for designated trauma hospitals. Level 1 trauma care currently exists only in Atlanta, Augusta, Savannah and Macon. Lieutenant Governor Taylor will continue to work towards greater state support for hospitals to facilitate quality trauma care throughout the State.
As a South Georgia native, Lt. Governor Taylor makes economic development a top priority. Taylor chairs the Georgia Rural Development Council, which is developing innovative state policies for helping rural Georgia prosper. The GRDC's 2000 and 2001 legislative agendas met with great success in the Georgia General Assembly, an agenda that is helping hometown communities attract and keep jobs.
Taylor also serves as vice chair of the OneGeorgia Authority, created to manage a $1 billion state investment in Georgia's 71 poorest counties. On April 16, 2002 the OneGeorgia Authority awarded its fourth round of Equity investments in projects to benefit rural Georgia. 11 projects were awarded a total of $4,273,461 in state funds, leveraging over $18 million in private investment in Byron, Sandersville, Appling County, Fort Gaines, Pulaski County, Sumter and Crisp Counties, East Elijay, Plains, Tifton, Waycross, and Randolph County. A detailed description of these projects can be found at www.onegeorgia.org.
Mark Taylor is a graduate of Emory University and the University of Georgia School of Law. He has a teenage son, Fletcher.

Constitutional Officers
SONNY PERDUE Governor
MARK TAYLOR Lieutenant Governor

Supreme Court
NORMAN S. FLETCHER Chief Justice
LEAH WARD SEARS Presiding Justice

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CATHY COX Secretary of State
THURBERT BAKER Attorney General
TOMMY IRVIN Commissioner of Agriculture
JOHN W. OXENDINE Commissioner of Insurance
KATHY COX State School Superintendent
MICHAEL THURMOND Commissioner of Labor
Public Service Commissioners
ROBERT B. BAKER, Jr. Chairman
DAVID BURGESS DOUG EVERETT ANGELA SPEIR
STAN WISE

ROBERT BENHAM CAROL W. HUNSTEIN GEORGE H. CARLEY HUGH P. THOMPSON
P. HARRIS HINES
Court of Appeals
G. ALLEN BLACKBURN Chief Judge
GARY B. ANDREWS Presiding Judge
EDWARD H. JOHNSON Presiding Judge
JOHN H. RUFFIN Presiding Judge
J. D. SMITH Presiding Judge
FRANK M. ELDRIDGE ANNE E. BARNES
M. YVETTE MILLER JOHN J. ELLINGTON HERBERT E. PHIPPS CHARLES B. MIKELL
MARION T. POPE

The Georgia Senate Mark Taylor, Lieutenant Governor

David Adelman Don Balfour Peg Blitch
Rooney Bowen Robert Brown
Joey Brush John Bulloch Gloria Butler Casey Cagle

Rene Kemp Robert Lamutt
Dan Lee Liane Levetan Michael Meyer Von Bremen Dan Moody
Jeff Mullis Tom Price Kasim Reed

MONDAY, JANUARY 13, 2003

53

Don Cheeks Chuck Clay Ginger Collins Mike Crotts Nathan Dean Vincent Fort Hugh Gillis, Sr. Tim Golden Randy Hall Bill Hamrick Ed Harbison Seth Harp Steve Henson
Jack Hill George Hooks Ralph Hudgens Carol Jackson Eric Johnson Brian Kemp

Mitch Seabaugh Valencia Seay David Shafer
Faye Smith Preston Smith Mary Squires Terrell A. Starr Bill Stephens Connie Stokes Charlie Tanksley Horacena Tate Don R. Thomas Nadine Thomas Regina Thomas Steve Thompson Ross Tolleson Renee Unterman Tommie Williams Sam Zamarripa

The Georgia House of Representatives

Amos Amerson Alberta Anderson Kathy Ashe Charles Bannister Terry Barnard Mike Barnes Stephanie Stuckey Benfield Ken Birdsong Ellis Black Mike Boggs Tom Bordeaux Ron Borders Ben Bridges Craig Brock Tyrone Brooks Hugh Broome Jeff Brown Roger Bruce Thomas Buck Debbie Buckner Gail Buckner Barbara Bunn Mark Burkhalter Sue Burmeister Mark Butler Tom Campbell David Casas Jill Chambers Mickey Channell Buddy Childers Mike Coan Brooks Coleman

Earl Ehrhart Chris Elrod Carl von Epps Barry Fleming Hugh Floyd Johnny Floyd Virgil Fludd Ron Forster Bobby Franklin Pat Gardner Rich Golick David Graves Tom Graves Gerald E. Greene Bob Hanner Ben Harbin Chuck Harper Sally Harrell John Heard Keith Heard Bill Heath Joe Heckstall Bill Hembree Michele Henson Calvin Hill Cecily Hill Victor Hill Roger Hines Bob Holmes Penny Houston Henry Howard Lee Howell

Jimmy Lord David Lucas John Lunsford George Maddox Randal Mangham Judy Manning Pedro Marin Chuck Martin Warren Massey Howard Maxwell Louise McBee Tom McCall JoAnn McClinton Fran Millar James Mills Billy Mitchell Barbara Mobley Nick Moraitakis Greg Morris Howard Mosby Hinson Mosley Jack Murphy Quincy Murphy John Noel Bert Oliver Mary Margaret Oliver Larry O'Neal Nan Orrock Bobby Parham Butch Parrish Don Parsons DuBose Porter

Ed Rynders Ron Sailor Austin Scott Jay Shaw Donna Sheldon Wallace Sholar Chuck Sims Anna Sinkfield Jimmy Skipper Bob Smith Lynn Smith Paul Smith Tommy Smith Vance Smith Calvin Smyre Mickey Stephens Ron Stephens Pam Stephenson Jim Stokes Doug Stoner Sharon Teague Rob Teilhet Doug Teper Able Thomas Alisha Thomas Curt Thompson Lanett Turner Ralph Twiggs Larry Walker Len Walker Pete Warren Stan Watson

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Terry Coleman Sharon Cooper Mack Crawford Bill Cummings Burke Day Douglas Dean Buddy DeLoach Scott Dix Ron Dodson Matt Dollar Pat Dooley John Douglas Karla Drenner Winfred Dukes

JOURNAL OF THE HOUSE

Sistie Hudson Carolyn Hugley Lester Jackson Lynmore James Jeanette Jamieson Curtis Jenkins Teresa Greene-Johnson Jan Jones Darryl Jordan Brian Joyce Jerry Keen Tom Knox Bob Lane Jeff Lewis

Alan Powell Ann Purcell David Ralston Nikki Randall Robert Ray Barbara Reece Stacey Reece Tom Rice Glenn Richardson Jay Roberts Lawrence Roberts Carl Rogers Chip Rogers Richard Royal

Lynn Westmoreland Jack White Joe Wilkinson Wendell Willard Al Williams Earnest Williams Roger Williams Don Wix John Yates

The Program of the Inauguration of the 81st Governor of Georgia

Philips Arena Atlanta, Georgia

Monday, January 13, 2003 2:00 p.m.

Pre-Ceremony
Joint Session Call to Order Presentation of Colors The National Anthem Invocation Delivery of the Great Seal of Georgia to the Governor Delivery of the Great Seal of Georgia to the Governor-Elect Administration of the Oath of Office to the Governor-Elect Honors, 19-Gun Salute

Band of the United States Air Force Reserve Major N. Alan Clark, Commander and Conductor
Second Baptist Church of Warner Robins Choir and Orchestra Reverend Gary Morton, Minister of Music
The Speaker of the House The Georgia State Patrol Honor Guard Mrs. Paula Smith Reverend Jim Perdue The Honorable Cathy Cox, Secretary of State
The Honorable Roy E. Barnes, Governor
The Honorable Clay D. Land, United States District Judge, Middle District of Georgia The Georgia National Guard

MONDAY, JANUARY 13, 2003

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Administration of the Oath of

The Honorable Herbert Phipps, Judge, Court of

Office to the Lieutenant Governor Appeals of Georgia

Address

The Honorable Mark Taylor, Lieutenant Governor

Administration of the Oath of

The Honorable Sonny Perdue, Governor

Office to the Constitutional Officers

Battle Hymn of the Republic

Second Baptist Church of Warner Robins Choir and Orchestra

Inaugural Address Georgia on My Mind

The Honorable Sonny Perdue, Governor

Benediction

Reverend Charlie Simpson

Dissolution of Joint Session

The Honorable Mark Taylor, Lieutenant Governor

The Oath of Office
The Oath of Office that Governor Sonny Perdue will recite is set by an act of the General Assembly. Section 45-12-4 of the Official Georgia Code reads:
The Governor-Elect shall, before he enters on the duties of his office, take the following oath in the presence of the General Assembly in joint session of the Senate and House of Representatives:

Oath of Office
"I do solemnly swear (or affirm) that I will faithfully execute the office of Governor of the State of Georgia and will, to the best of my ability, preserve, protect, and defend the Constitution thereof and the Constitution of the United States."
Upon so taking the oath, the Governor-Elect shall become Governor.

The Joint Session was dissolved.

The Speaker called the House to order.

The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia Tuesday, January 14, 2003

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

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

Amerson Anderson Ashe Bannister Barnard Barnes Birdsong Black Boggs Bordeaux Borders Bridges Brock Brooks Broome Brown Bruce Buck Buckner, D Bunn Burkhalter Butler Campbell Casas Chambers Channell Childers Coleman, B Cooper Crawford Cummings

Day Dean Deloach Dodson Dollar Dooley Drenner Dukes Elrod Epps Fleming Floyd, H Floyd, J Fludd Forster Franklin Gardner Golick Graves, D Graves, T Greene Greene-Johnson Hanner Harbin Harper Harrell Heard, J Heard, K Heath Hembree Hill, C

Hill, C.A Hines Houston Howard Howell Hudson Hugley Jackson Jamieson Jenkins Jones Jordan Joyce Keen Knox Lane Lewis Lord Lunsford Maddox Mangham Marin Massey Maxwell McBee McClinton Millar Mills Mitchell Moraitakis Morris

Mosby Mosley Murphy, J Murphy, Q Noel Oliver, B Oliver, M O'Neal Orrock Parham Parrish Parsons Porter Purcell Ralston Randall Ray Reece, B Reece, S Rice Richardson Roberts, J Roberts, L Rogers, C Rogers, Ch. Royal Rynders Scott Shaw Sheldon Sinkfield

Skipper Smith, L Smith, P Smith, T Smith, V Smyre Snow Stanley-Turner Stephens, E Stephens, R Stephenson Stokes Stoner Teilhet Teper Thomas, A Thomas, A.M Thompson Walker, L Warren Watson Westmoreland White Wilkinson Willard Williams, E Williams, R Wix Yates Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Beasley-Teague of the 48th, Post 2, Benfield of the 56th, Post 1, Buckner of the 82nd, Burmeister of the 96th, Coan of the 67th, Post 1, Ehrhart of the 28th, Heckstall of the 48th, Post 3, Henson of the 55th, Hill of the 81st, James of the 114th, Lucas of the 105th, Manning of the 32nd, Martin of the 37th, Mobley of the 58th, Powell of the 23rd, Sailor of the 61st, Post 1, Sholar of the 141st, Post 1, Twiggs of the

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57

8th, Walker of the 71st, Post 1, and Williams of the 128th. They wish to be recorded as present.

Prayer was offered by the Reverend I. E. Mack, Pastor, Unionville Baptist Church, Macon, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, 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.

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

HB 22.

By Representatives Manning of the 32nd and Houston of the 139th:
A BILL to amend Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to exercise of the power of eminent domain for special purposes, so as to prohibit the use of the power of eminent domain to acquire any property for the construction of an electric transmission line without the issuance of a certificate of public convenience and necessity by the Public Service Commission; and for other purposes.

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Referred to the Committee on Judiciary.

HB 29.

By Representative Stephens of the 123rd:
A BILL to amend Code Section 50-8-33 of the Official Code of Georgia Annotated, relating to regional development centers' municipal and county membership and the distribution of state funds, so as to provide for an additional condition in order to utilize state funding; and for other purposes.

Referred to the Committee on Appropriations.

HB 37.

By Representatives Ehrhart of the 28th, Westmoreland of the 86th, Keen of the 146th, Mills of the 67th, Post 2 and Porter of the 119th:
A BILL to amend Part 1 of Article 6 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions for programs and protection for children, so as to prohibit certain governmental discrimination against youth organizations; and for other purposes.

Referred to the Committee on Judiciary.

HB 40.

By Representatives Day of the 126th, Stephens of the 123rd, Roberts of the 131st, Snow of the 1st and Jenkins of the 93rd:
A BILL to amend Code Section 16-11-126 of the Official Code of Georgia Annotated, relating to the offense of carrying a concealed weapon, so as to provide that the provisions of said Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 41.

By Representative Oliver of the 56th, Post 2: A BILL to amend Code Section 15-11-55 of the Official Code of Georgia

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Annotated, relating to disposition of a deprived child, so as to change certain provisions relating to whom temporary legal custody may be transferred; to provide a preference for transferring temporary legal custody to certain persons; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 42.

By Representative Channell of the 77th:
A BILL to provide 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 residents of that school district who are 65 years of age or older; and for other purposes.

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

HB 43.

By Representative Channell of the 77th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to certain sales to nonprofit organizations engaged primarily in archeological exploration and preservation; and for other purposes.

Referred to the Committee on Ways & Means.

HB 44.

By Representative Channell of the 77th:
A BILL to provide a homestead exemption from Greene County ad valorem taxes for county purposes in the amount of $8,000.00 of the assessed value of the homestead for certain residents of that county who are 65 years of age or over; and for other purposes.

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

60 HR 7.

JOURNAL OF THE HOUSE
By Representative Hembree of the 46th:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general or local law for limitations upon the rate of increase of the ad valorem tax millage rate and value of property for certain purposes; and for other purposes.

Referred to the Committee on Ways & Means.

HR 8.

By Representative Hembree of the 46th:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general or local law for limitations upon the rate of increase of the ad valorem tax millage rate and value of property for certain purposes; and for other purposes.

Referred to the Committee on Ways & Means.

Pursuant to Rule 159, the following communication was referred to the Committee on Rules:

House of Representatives Legislative Office Building, Room 408
Atlanta, Georgia 30334

TO:

Robbie Rivers

Clerk of the House

FROM:

Lynn Westmoreland Minority Leader

DATE: January 13, 2003

"Pursuant to House Rule 159, I hereby lodge a protest to the seating of Mike Snow as the Representative from the First District. The election results from the special election held January 7, 2003 are being recounted today and an election contest and motion to enjoin the seating of Mr. Snow are taking place this morning in Walker County. It appears that

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61

over 100 voters cast illegal ballots and the margin of victory was only 75. Therefore, it appears likely that an election contest will succeed and a new election will be held. As the acting Speaker and with the authority to handle all matters relating to this House's organization, I request that you decline to seat Mr. Snow until such time as the election contest can be determined in Walker County. In the alternative, I ask that you decline to seat Mr. Snow and refer this matter for determination by the Committee on Rules."

The following Resolution of the House was read:

HR 12.

By Representatives Coleman of the 118th, Skipper of the 116th, Westmoreland of the 86th, Richardson of the 26th, Porter of the 119th and others

A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Sonny Perdue, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:30 A.M., Wednesday, January 15, 2003, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 11:15 A.M. on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker and seven from the Senate to be named by the President Pro Tempore, be appointed to escort His Excellency, the Governor, to the hall of the House of Representatives.

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard

Y Day Y Dean Y Deloach Y Dix Y Dodson

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston

Y Mobley Y Moraitakis
Morris Y Mosby Y Mosley

Y Sims N Sinkfield Y Skipper Y Smith, B Y Smith, L

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Y Barnes Beasley-Teague Benfield
Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee
McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

On the adoption of the Resolution, the ayes were 172, nays 1. The Resolution was adopted.

Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

Representative Mangham of the 62nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Resolutions of the House were read and adopted:

HR 13.

By Representative Hembree of the 46th:
A RESOLUTION commending Ms. Elizabeth "Liz" Fincher; and for other purposes.

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63

HR 14.

By Representatives Channell of the 77th and Hudson of the 95th:
A RESOLUTION commending Putnam General Hospital and the administrator, board, and staff thereof; and for other purposes.

HR 15.

By Representatives Day of the 126th, Jackson of the 124th, Post 1, Stephens of the 123rd, Purcell of the 122nd, Keen of the 146th and others:
A RESOLUTION commending the Atlantic Intracoastal Waterway Association; and for other purposes.

HR 16.

By Representative Stephens of the 123rd:
A RESOLUTION expressing regret at the passing of James Loyce Brown, Sr.; and for other purposes.

HR 17.

By Representatives Barnard of the 121st, Post 1 and Oliver of the 121st, Post 2:
A RESOLUTION recognizing and commending Rev. Jerry Knight; and for other purposes.

HR 18.

By Representatives Royal of the 140th, Buck of the 112th, Skipper of the 116th, Jamieson of the 22nd and Heard of the 75th:
A RESOLUTION expressing regret at the passing of Robert R. Davis; and for other purposes.

HR 19.

By Representatives Westmoreland of the 86th, Smith of the 87th, Butler of the 88th, Post 1 and Harper of the 88th, Post 2:
A RESOLUTION commending Lorraine A. Johnson, 2003 Georgia Teacher of the Year; and for other purposes.

HR 20.

By Representatives Day of the 126th, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2, Bordeaux of the 125th, Stephens of the 123rd and others:

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A RESOLUTION commending Michael David Waters; and for other purposes.

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

Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 12. By Representatives Coleman of the 118th, Skipper of the 116th, Westmoreland of the 86th, Richardson of the 26th, Porter of the 119th and others:
A RESOLUTION calling a Joint Session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; and for other purposes.
The President appointed as an Escort Committee on the part of the Senate the following Senators: Johnson of the 1st, Meyer von Bremen of the 12th, Gillis of the 20th, Brown of the 26th, Stephens of the 51st, and Price of the 56th.

Representative Skipper of the 116th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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65

Representative Hall, Atlanta, Georgia Wednesday, January 15, 2003

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

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

Amerson Anderson Ashe Bannister Barnard Birdsong Black Boggs Bordeaux Borders Bridges Brock Brooks Broome Brown Bruce Buck Buckner, D Bunn Burkhalter Burmeister Butler Campbell Casas Chambers Channell Childers Coan Coleman, B Cooper Crawford

Cummings Day Dean Deloach E Dix Dodson Dollar Douglas Drenner Ehrhart Elrod Fleming Floyd, H Floyd, J Fludd Forster Franklin Gardner Graves, D Graves, T Greene Greene-Johnson Hanner Harbin Harper Harrell Heard, J Heard, K Heath Hembree Hill, C

Hill, C.A Hill, V Hines Holmes Houston Howard Howell Hudson Jackson Jamieson Jones Jordan Joyce Keen Knox Lewis Lord Lucas Maddox E Manning Marin Martin Massey McBee Millar Mills Mitchell Moraitakis Morris Mosby

Mosley Murphy, J Murphy, Q Noel Oliver, B Oliver, M O'Neal Orrock Parham Parrish Parsons Porter Purcell Ralston Randall Reece, B Reece, S Rice Richardson Roberts, J Roberts, L Rogers, C Rogers, Ch. Royal Rynders Sailor Scott Shaw Sheldon Sholar

Skipper Smith, B Smith, L Smith, P Smith, T Smith, V Snow Stephens, E Stephenson Stoner Teilhet Teper Thomas, A Thomas, A.M Thompson Twiggs Walker, L Walker, R.L Warren Watson Westmoreland White Wilkinson Willard Williams, A Williams, E Williams, R Wix Yates Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Barnes of the 84th, Post 2, Beasley-Teague of the 48th, Post 2, Benfield of the 56th, Post 1, Dooley of the 33rd, Post 3, Dukes of the 136th, Golick of the 34th, Post 3, Heckstall of the 48th, Post 3, Henson of the 55th, James of the 114th, Jenkins of the 93rd, Lane of the 101st, Lunsford of the 85th, Post 2, Mangham of the 62nd, McCall of the 78th, McClinton of the 59th, Post 1, Mobley of the 58th, Powell of

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JOURNAL OF THE HOUSE

the 23rd, Ray of the 108th, Sims of the 130th, Sinkfield of the 50th, Stanley-Turner of the 43rd, Post 2, Stephens of the 123rd, and Stokes of the 72nd.
They wish to be recorded as present.

Prayer was offered by Elder Beverly D. Rollins, Christian Fellowship Community Church, Inc., Lithonia, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, 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.

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

HB 2.

By Representatives Franklin of the 17th, Joyce of the 2nd, Massey of the 24th, Douglas of the 73rd and White of the 3rd, Post 2:
A BILL to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide for a gradual reduction in the state income tax rate for individuals, fiduciaries, partnerships, and corporations over a period of years; to abolish the state income tax effective for tax years beginning on and after January 1, 2021; and for other purposes.

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Referred to the Committee on Ways & Means.

HB 3.

By Representatives Franklin of the 17th, White of the 3rd, Post 2, Joyce of the 2nd and Massey of the 24th:
A BILL to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to enact the "State Sovereignty and Federal Tax Funds Act"; and for other purposes.

Referred to the Committee on Ways & Means.

HB 4.

By Representatives Franklin of the 17th, Joyce of the 2nd, Douglas of the 73rd, Massey of the 24th and White of the 3rd, Post 2:
A BILL to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that Georgia taxable net income of an individual taxpayer or a foreign corporation or domestic corporation shall not include income which is attributable directly to a capital gain; and for other purposes.

Referred to the Committee on Ways & Means.

HB 5.

By Representatives Franklin of the 17th, Chambers of the 53rd, Massey of the 24th, Douglas of the 73rd and White of the 3rd, Post 2:
A BILL to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to provide that income of taxpayers who are 65 years of age or older shall not be subject to state income tax; and for other purposes.

Referred to the Committee on Ways & Means.

HB 6.

By Representatives Franklin of the 17th, Joyce of the 2nd, Massey of the 24th and Benfield of the 56th, Post 1:
A BILL to amend Code Section 18-4-22 of the Official Code of Georgia

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Annotated, relating to the exemption of certain pension or retirement funds or benefits from garnishment until certain payment or transfer thereof, so as to provide for such an exemption with respect to additional individual retirement account funds or benefits; and for other purposes.

Referred to the Committee on Judiciary.

HB 7.

By Representatives Franklin of the 17th, Massey of the 24th and White of the 3rd, Post 2:
A BILL to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to eliminate all state income tax withholding requirements with respect to taxpayers, employees, and employers; to eliminate all estimated tax requirements; and for other purposes.

Referred to the Committee on Ways & Means.

HB 8.

By Representative Franklin of the 17th:
A BILL to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to provide a homestead exemption for the full value of the homestead for certain senior citizens with respect to all ad valorem taxes; and for other purposes.

Referred to the Committee on Ways & Means.

HB 9.

By Representatives Franklin of the 17th, Joyce of the 2nd, Massey of the 24th and White of the 3rd, Post 2:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide that military income received by a taxpayer who is a full or part time member of the military service or armed services of the United States or any reserve component thereof shall not be subject to state income tax; and for other purposes.

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69

Referred to the Committee on Ways & Means.

HB 10.

By Representatives Franklin of the 17th and Joyce of the 2nd:
A BILL to amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, the "Georgia Fiscal Note Act", so as to provide for a statement to be attached to any bill introduced which would result in the expenditure of state funds; to provide that any bill introduced without such statement attached shall be out of order; and for other purposes.

Referred to the Committee on Appropriations.

HB 11.

By Representative Franklin of the 17th:
A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for seizure, suspension, and revocation of drivers' licenses for certain conduct; to provide that persons convicted of certain offenses shall not be licensed again; to provide that homicide by vehicle which occurs as a result of driving under the influence of alcohol or drugs shall be punishable by life imprisonment or death; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 12.

By Representatives Franklin of the 17th, Joyce of the 2nd, Massey of the 24th, Douglas of the 73rd, Williams of the 4th and others:
A BILL to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to change certain provisions relating to definitions; to change certain provisions relating to issuance of licenses, contents, signature requirements, and fingerprints; to change certain provisions relating to expiration and renewal of drivers' licenses and reexamination requirements; and for other purposes.

Referred to the Committee on Motor Vehicles.

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HB 13.

By Representatives Franklin of the 17th, Joyce of the 2nd, Massey of the 24th and White of the 3rd, Post 2:
A BILL to amend Code Section 39-2-11 of the Official Code of Georgia Annotated, relating to employment certificates for the employment of minors and requirements for issuance, so as to require the written permission of a parent or guardian; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 14.

By Representatives Franklin of the 17th, Massey of the 24th and White of the 3rd, Post 2:
A BILL to amend Article 2 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Governor, so as to provide for a reward for persons providing information leading to the arrest and conviction of persons engaging in election fraud; and for other purposes.

Referred to the Committee on Appropriations.

HB 15.

By Representatives Franklin of the 17th and Joyce of the 2nd:
A BILL to amend Chapter 7 of Title 28 of the Official Code of Georgia Annotated, relating to prohibited lobbying practices, so as to provide that it shall be unlawful for any unit of state government to contract for or use public funds to pay for the services of any person to promote or oppose the passage of any legislation by the General Assembly, or any committee thereof, or the approval or veto of legislation by the Governor; and for other purposes.

Referred to the Committee on Rules.

HB 16.

By Representatives Franklin of the 17th and Massey of the 24th:
A BILL to amend Code Section 34-8-35 of the Official Code of Georgia Annotated, relating to definition of employment for purposes of the

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Employment Security Law, so as to exclude services performed by certain corporate officers who are exempt from workers' compensation coverage under Chapter 9 of Title 34; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 17.

By Representative Franklin of the 17th:
A BILL to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state property, so as to prohibit the naming or renaming of state property for any elected public official unless he or she has been out of office for at least 25 years or is deceased; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 18.

By Representative Bridges of the 7th:
A BILL to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to enact the "Baby's Right to Know Act"; to require an unmarried mother to identify the name of a baby's father; to provide for county health departments to locate putative fathers; and for other purposes.

Referred to the Committee on Judiciary.

HB 20.

By Representative Bridges of the 7th:
A BILL to amend Code Section 15-21-112 of the Official Code of Georgia Annotated, relating to additional penalty for violation of Code Section 40-6391, so as to increase said penalty; to amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to change certain provisions relating to persons eligible for awards; and for other purposes.

Referred to the Committee on Special Judiciary.

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JOURNAL OF THE HOUSE

HB 24.

By Representatives Royal of the 140th, Buck of the 112th and Skipper of the 116th:
A BILL to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, the "Disposition of Unclaimed Property Act", so as to provide for an alternative method of disposition with respect to certain dividends or capital credits which are presumed abandoned; and for other purposes.

Referred to the Committee on Ways & Means.

HB 27.

By Representative Brooks of the 47th:
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 provide for nomination of political party candidates by plurality vote; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 28.

By Representative Brooks of the 47th:
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 provide that each person registering to vote shall declare a political party preference; to provide that in a primary election, a voter shall be entitled to vote the ballot of the political party designated on the voter's registration card; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 30.

By Representatives Franklin of the 17th, Joyce of the 2nd and Massey of the 24th:
A BILL to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to eliminate victim disarmament zones; to change the provisions

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relating to the offense of carrying a deadly weapon to or at a public gathering; to provide an exception to the offense of carrying a deadly weapon to or at a public gathering with respect to the carrying of a firearm or knife to or while at a public gathering if the person carrying such weapon is licensed under Code Section 16-11-129; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 31.

By Representative Franklin of the 17th:
A BILL to amend Chapter 1 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to crimes, so as to define certain terms; to provide that any person who creates a gun-free zone shall be liable for injuries to any person injured within such zone as a result of certain crimes; to provide for treble damages; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 32.

By Representative Willard of the 40th:
A BILL to amend Article 1 of Chapter 9 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to administration of the estate of missing persons and persons believed to be dead, so as to provide that when any domiciliary of this state has been exposed to a specific peril or tragedy resulting in probable death, the death of the individual may be proved by clear and convincing evidence at any time after such exposure; and for other purposes.

Referred to the Committee on Judiciary.

HB 45.

By Representative Childers of the 13th, Post 1:
A BILL to amend Code Section 31-43-8 of the Official Code of Georgia Annotated, relating to selection of the presiding officer of the Commission on Men's Health, so as to change the length of term of office of such presiding officer; and for other purposes.

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Referred to the Committee on Health & Ecology.

HB 46.

By Representative Skipper of the 116th:
A BILL to amend an Act providing for a new charter for the City of Ellaville, so as to change certain provisions regarding the composition and election of the councilmembers; and for other purposes.

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

HB 47.

By Representatives Walker of the 115th, O`Neal of the 117th, Royal of the 140th and DeLoach of the 127th:
A BILL to amend Code Section 21-2-139 of the Official Code of Georgia Annotated, relating to when nonpartisan elections are authorized, so as to specify certain county offices for which nonpartisan elections may be provided for by local Act; and for other purposes.

Referred to the Committee on Judiciary.

HB 48.

By Representatives Jamieson of the 22nd, Royal of the 140th, Houston of the 139th, Buck of the 112th and Sims of the 130th:
A BILL to amend Code Section 48-2-35 of the Official Code of Georgia Annotated, relating to tax refunds, so as to increase the period of time during which certain income tax refunds may be claimed; and for other purposes.

Referred to the Committee on Ways & Means.

HB 49.

By Representative Buckner of the 82nd:
A BILL to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions related to elections and primaries generally, so as to make unlawful the conducting of campaign activities on the grounds of a facility providing care for children in state custody; and for other purposes.

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Referred to the Committee on Governmental Affairs.

HB 50.

By Representative Buckner of the 82nd:
A BILL to amend Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions relative to public utilities, so as to provide for a pilot project as initial implementation of legislation ending the authority of the Public Service Commission to regulate rates charged for electricity, natural gas, and telephone service; and for other purposes.

Referred to the Committee on Public Utilities.

HB 51.

By Representatives Barnard of the 121st, Post 1, Day of the 126th, DeLoach of the 127th, Keen of the 146th, Williams of the 128th and others:
A BILL to amend Code Section 12-5-295 of the Official Code of Georgia Annotated, relating to applicability of the Coastal Marshlands Protection Act of 1970, so as to change certain provisions relating to inapplicability of said Act to building of private docks; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 52.

By Representatives Mills of the 67th, Post 2, Walker of the 71st, Post 1, Burmeister of the 96th and Westmoreland of the 86th:
A BILL to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against health and morals, so as to provide for a short title; to provide for definitions; to require that a female give her informed consent prior to an abortion; to require that certain information be provided to or made available to a female prior to an abortion; to require a written acknowledgment of receipt of such information; and for other purposes.

Referred to the Committee on Judiciary.

HB 53. By Representative Childers of the 13th, Post 1:

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A BILL to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to provide for the appointment of an organ recipient to the Advisory Board on Anatomical Gift Procurement; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 54.

By Representative Childers of the 13th, Post 1:
A BILL to amend Chapter 23 of Title 31 of the Official Code of Georgia Annotated, relating to eye banks, so as to change the provisions regarding who may operate eye banks; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 55.

By Representatives Shaw of the 143rd and Sims of the 130th:
A BILL to amend Code Section 47-12-82 of the Official Code of Georgia Annotated, relating to the salary for district attorneys emeritus and suspension of office upon eligibility for or appointment to certain positions, so as to increase the salary of district attorneys emeritus; to provide for a cost of living increase in such salary; and for other purposes.

Referred to the Committee on Appropriations.

HB 56.

By Representative Childers of the 13th, Post 1:
A BILL to amend Chapter 44 of Title 31 of the Official Code of Georgia Annotated, relating to renal disease facilities, so as to provide for the Georgia Association of Kidney Patients to recommend one member of the Renal Dialysis Advisory Council; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 57. By Representatives Day of the 126th and Burmeister of the 96th:

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A BILL to amend Code Section 28-11-6 of the Official Code of Georgia Annotated, relating to the board of the Georgia General Assembly Training Institute, so as to change the manner and method of appointing the members of the board; and for other purposes.

Referred to the Committee on Rules.

HB 58.

By Representative Buckner of the 82nd:
A BILL to amend Article 3 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state enforcement regarding revenue laws, so as to provide for additional requirements of the state revenue commissioner in the event a tax lien is erroneously placed on property of a taxpayer; and for other purposes.

Referred to the Committee on Ways & Means.

HB 59.

By Representatives Jamieson of the 22nd, Royal of the 140th, Houston of the 139th, Buck of the 112th and Sims of the 130th:
A BILL to amend Code Section 48-7-120 of the Official Code of Georgia Annotated, relating to failure to pay estimated income tax, so as to change the method of calculating underpayment amounts; and for other purposes.

Referred to the Committee on Ways & Means.

HB 60.

By Representatives Dodson of the 84th, Post 1, Barnes of the 84th, Post 2, Buckner of the 82nd, Jordan of the 83rd and Hill of the 81st:
A BILL to provide a new charter for the City of Morrow; and for other purposes.

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

HB 61. By Representatives Franklin of the 17th, Joyce of the 2nd and Massey of the 24th:

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A BILL to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, so as to provide that no state agency may require any person to disclose his or her social security number; and for other purposes.

Referred to the Committee on Judiciary.

HB 62.

By Representatives Franklin of the 17th and Joyce of the 2nd:
A BILL to amend Code Section 21-5-50 of the Official Code of Georgia Annotated, relating to financial disclosure filings by public officers, so as to provide for the filing of financial disclosure reports by certain appointed public officers; to provide for the filing of reports by certain persons appointed to fill vacancies in elected public offices; to provide for the filing of financial disclosure reports by certain persons holding appointive and elective offices in consolidated governments; and for other purposes.

Referred to the Committee on Rules.

HB 63.

By Representative Franklin of the 17th:
A BILL to amend Article 6 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to feticide, so as to enact the "Due Process and Equal Protection Restoration Act of 2003"; to define certain terms; to provide that any person seeking to have an abortion performed shall first seek a grand jury indictment against the fetus for an applicable capital offense; and for other purposes.

Referred to the Committee on Judiciary.

HB 64.

By Representatives Buck of the 112th and Royal of the 140th:
A BILL to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding revenue and taxation, so as to change certain provisions regarding definitions; and for other purposes.

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Referred to the Committee on Ways & Means.

HB 65.

By Representatives Buck of the 112th and Royal of the 140th:
A BILL to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, so as to change certain definitions regarding such taxes; and for other purposes.

Referred to the Committee on Ways & Means.

HB 66.

By Representatives Buck of the 112th and Royal of the 140th:
A BILL to amend Chapter 12 of Title 48 of the Official Code of Georgia Annotated, relating to estate tax, so as to change certain definitions regarding such tax; and for other purposes.

Referred to the Committee on Ways & Means.

HB 67.

By Representatives Buck of the 112th and Royal of the 140th:
A BILL to amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as to change certain definitions regarding such fees and classes; and for other purposes.

Referred to the Committee on Ways & Means.

HB 68.

By Representative Buck of the 112th:
A BILL to amend Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration and enforcement regarding revenue and taxation, so as to change certain provisions regarding the Department of Revenue; and for other purposes.

Referred to the Committee on Ways & Means.

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HB 69.

By Representatives Buck of the 112th and Royal of the 140th:
A BILL to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rooms, lodgings, and accommodations, so as to change certain definitions regarding such taxes; and for other purposes.

Referred to the Committee on Ways & Means.

HB 70.

By Representatives Buck of the 112th and Royal of the 140th:
A BILL to amend Article 5 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rental of motor vehicles, so as to change certain definitions regarding such taxes; and for other purposes.

Referred to the Committee on Ways & Means.

HB 71.

By Representatives Buck of the 112th and Royal of the 140th:
A BILL to amend Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel and road taxes, so as to change certain definitions regarding such taxes; and for other purposes.

Referred to the Committee on Ways & Means.

HB 72.

By Representatives Buck of the 112th and Royal of the 140th:
A BILL to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change certain definitions regarding such taxes; and for other purposes.

Referred to the Committee on Ways & Means.

HB 73. By Representatives Buck of the 112th and Royal of the 140th:

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A BILL to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to change certain provisions regarding procedures for sales under tax levies and executions; and for other purposes.

Referred to the Committee on Ways & Means.

HB 74.

By Representative Buck of the 112th:
A BILL to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to change certain provisions regarding issuance of tax executions; and for other purposes.

Referred to the Committee on Ways & Means.

HB 75.

By Representatives Buck of the 112th and Royal of the 140th:
A BILL to amend Chapter 17 of Title 48 of the Official Code of Georgia Annotated, relating to coin operated amusement machines, so as to change certain definitions regarding such machines; and for other purposes.

Referred to the Committee on Ways & Means.

HB 76.

By Representatives Buck of the 112th and Royal of the 140th:
A BILL to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain definitions regarding such taxes; and for other purposes.

Referred to the Committee on Ways & Means.

HB 77.

By Representatives Buck of the 112th and Royal of the 140th:
A BILL to amend Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of intangibles, so as to change certain provisions regarding the real estate transfer tax; and for other purposes.

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Referred to the Committee on Ways & Means.

HB 78.

By Representatives Buck of the 112th and Royal of the 140th:
A BILL to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain definitions regarding such taxation; and for other purposes.

Referred to the Committee on Ways & Means.

HB 79.

By Representative Jenkins of the 93rd:
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 an exception to the prohibition against sales to a county school board by a member; and for other purposes.

Referred to the Committee on Education.

HB 80.

By Representatives Jenkins of the 93rd and Crawford of the 91st:
A BILL to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps generally, so as to authorize the killing of deer causing damage to a home garden; and for other purposes.

Referred to the Committee on Game, Fish & Parks.

HR 1.

By Representatives Franklin of the 17th and Joyce of the 2nd:
A RESOLUTION proposing an amendment to the Constitution so as to provide for the design and description of the state flag; and for other purposes.

Referred to the Committee on Rules.

HR 2.

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By Representatives Franklin of the 17th and Massey of the 24th:
A RESOLUTION proposing an amendment to the Constitution so as to require the freezing of existing residential real property values and to provide that residential real property and interests therein shall be appraised for ad valorem taxation purposes at their fair market value as of the date of the owner's acquisition thereof; to provide for conditions and limitations; to provide for authority of the General Assembly with respect to the foregoing; and for other purposes.

Referred to the Committee on Ways & Means.

HR 3.

By Representatives Franklin of the 17th and Joyce of the 2nd:
A RESOLUTION proposing an amendment to the Constitution so as to provide that salaries of teachers may be supplemented with private funds donated to a bona fide nonprofit organization established under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended; and for other purposes.

Referred to the Committee on Appropriations.

HR 4.

By Representative Royal of the 140th:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general or local law for limitations upon the rate of increase of the ad valorem tax millage rate and value of property for certain purposes; and for other purposes.

Referred to the Committee on Ways & Means.

HR 5.

By Representative Royal of the 140th:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general or local law for limitations upon the rate of increase of the ad valorem tax millage rate and value of property for certain purposes; and for other purposes.

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Referred to the Committee on Ways & Means.

HR 6.

By Representative Royal of the 140th:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general or local law for limitations upon the rate of increase of the ad valorem tax millage rate and value of property for certain purposes; and for other purposes.

Referred to the Committee on Ways & Means.

HR 21.

By Representatives Buck of the 112th and Royal of the 140th:
A RESOLUTION proposing an amendment to the Constitution so as to provide for additional types of family owned farm entities which can qualify to receive the preferential assessment for property which is devoted to bona fide agricultural purposes; and for other purposes.

Referred to the Committee on Ways & Means.

HR 24.

By Representatives Day of the 126th, Stephens of the 123rd, Burmeister of the 96th, Graves of the 106th, Roberts of the 131st and others:
A RESOLUTION creating the Joint Study Committee on State Government Decentralization; and for other purposes.

Referred to the Committee on Rules.

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

HB 22 HB 29 HB 37 HB 40 HB 41

HB 42 HB 43 HB 44 HR 7 HR 8

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Representative Millar of the 52nd arose to a point of personal privilege and addressed the House.

The Speaker announced the House in recess until 11:15 o'clock this morning.

The Speaker called the House to order.

The hour of convening the Joint Session pursuant to HR 12 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Governor, was called to order by the President of the Senate, Lieutenant Governor Mark Taylor.

The Resolution calling for the Joint Session was read.

Accompanied by the Committee of Escort and other distinguished guests, His Excellency, Governor Sonny Perdue, appeared upon the floor of the House and delivered the following address:

Lieutenant Governor Taylor, Speaker Coleman, Members of the General Assembly.
I appreciate the invitation to address you today and to present my budget recommendations.
We met on Monday to celebrate one of the basic rituals of free government - the people's elected leaders taking our oaths of office in an orderly transfer of power.
We meet today to do the hard work of free government and fulfill one of our basic responsibilities as leaders - the allocation of public resources for the public good.
How we spend our money tells a lot about us.
Show me your checkbook register and I can find out pretty quickly what your values are and what is important to you.
Are you a saver or do you live above your means?
Do you hunt for bargains or pay top dollar? Do you pay your bills on time?

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When money is tight, where do you cut back and what can you not do without?
Where your money goes paints a picture of what kind of person you are - and that is just as true for state government as it is for individuals. What kind of state is Georgia? We're going to answer that question together during this legislative session.
The budget we adopt will tell that story.
These are tough times. Our state, along with the nation, has been struck by recession. Thousands of Georgians have lost their jobs. Our state revenues have fallen short of projections. And the light at the end of the tunnel isn't yet clear.
The surpluses we enjoyed in recent years aren't there anymore. Tough choices we could put off before have to be made now. Decisions we deferred until another day - that day has come.
This will not be a painless budget. This will not be an easy process. We're going to make trade - offs we don't want to make. We'll have to do some things we'd rather not do.
We're going to feel some tremendous heat and pressure, all of us, from our constituents, as we tackle this job.
But we'll hunker down and we'll get it done, together. Because that's what the people of Georgia hired us to do and we will be good stewards of their trust.
As you all know, I put in for a promotion last year. And I got word on November 5 that it had been approved.
Before that week was out, I sat down for the first of what would be over 150 hours of budget briefings.
I met with almost every department of state government and reviewed their plans, their programs, and - as much as possible in the limited time we had - their performance.
As these meetings took place, the extent of our revenue shortfall for fiscal 2003 was becoming clear. Revenues have declined in all but three of the last 18 months, leading to a $620 million downward adjustment to state spending.
It was clear to me that the state needs to go on a diet, and fast.
State revenues were already declining when the General Assembly adopted the fiscal 2003 budget last spring. That budget included 5% cuts to department budgets across the board. After the start of the fiscal year, an additional 5% cut was required.

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Agencies were instructed to find these cuts in their 2003 budgets. I accepted most of their recommendations for cuts, which are incorporated into the amended FY 2003 budget recommendation, for a savings of $459 million.
These cuts will be maintained in the FY 2004 budget, saving $721 million, along with an additional 1% austerity cut affecting all departments, exempting education direct instruction, to save an additional $42 million.
With these cuts, we have pared significant savings out of the state budget. We have done so responsibly, without jeopardizing vital functions and without eliminating current jobs.
I wish I could tell you these recommended cuts alone will produce a balanced budget. But they will not.
What can we not do without, even when times are lean? I have recommended minimal enhancements in these budgets, in line with our core principles.
One of those principles is the importance of education.
Georgia is a state that understands investment in education is the cornerstone of economic development and our future quality of life.
We cannot afford to shortchange the children of our state or those who seek a higher education. We cannot expect our economy to grow stronger if we do not invest in producing educated minds.
That is why reductions to the QBE formula and to formulas for the University System and Technical and Adult Education are 3% less than the reductions to most agencies.
I am recommending $131 million in the amended 2003 budget to fully fund the mid-year adjustment to the QBE formula for enrollment growth and $193 million for QBE formula grants in FY 2004.
I am also recommending $1.1 million for additional funds to provide the 10% salary supplement for the 380 teachers who achieved National Board Certification in 2002, and $2.3 million in FY2004 to fund the supplement for our total of over 800 National Board Certified teachers in Georgia.
The fiscal 2004 recommendation includes $186 million in bonds for school construction and $250 million for Georgia's voluntary Pre-Kindergarten Program, which is a model for the nation.
In higher education, we will continue support of the HOPE Scholarship program by

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providing $373 million for tuition and other expenses for eligible students in fiscal 2003.
For FY2004, lottery funds are preserved for the HOPE Scholarship and Pre-Kindergarten program and I propose $57 million to provide for an increase in the number of students eligible for the HOPE Scholarship and $5.5 to increase the Pre-Kindergarten program.
We will also provide $81 million in university system formula funding to reflect increased enrollment and $28 million in bonds for major capital outlay projects on our university campuses.
In total, 55% of my recommended FY 2004 budget - $8.8 billion dollars - goes to education. That tells the story of how we value education in Georgia.
But Georgia is also a state that believes in family and children and meeting the most basic human needs of our citizens.
We have a moral obligation to ensure the safety of our children in state custody.
My budget recommendation includes $5.8 million to add 125 new Child Protective Services positions. I propose $9.9 million in additional state funds to convert to a Level of Care placement system for children currently in the CPS system.
For children in foster care, I am recommending $579,000 to double the annual clothing allowance for each child - the first increase since 1975 - and another $825,000 to identify and recruit new foster and adoptive parents.
For fiscal 2003, I am recommending $9.4 million to provide additional funds for Specialized Foster Care services.
And $2.9 million to support the closure of the Fulton and DeKalb County emergency shelters for children and adolescents and to seek alternate placements and services for those housed there.
We care for our children. Georgia is also a state that cares for the health of its citizens.
Healthcare costs in Georgia and to state government continue to rise year after year, particularly in Medicaid. The FY 2004 recommendation for the state's portion of Medicaid is $1.7 billion.
Medicaid is a large and growing part of our health services budget. But we will be making other investments to improve the health of Georgians.
To fight the scourge of cancer, I propose $8.6 million to continue construction of the

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Cancer Research Center at the Medical College of Georgia. An additional $36.6 million in private and federal funds will go to this project, making this a wise use of the state's investment.
We will also continue to work toward full implementation of the Olmstead decision of the United States Supreme Court regarding services for the disabled. I recommend $11.2 million to facilitate those moving from institutions to community-based settings.
I propose $2.3 million to accommodate those waiting for community-based services.
$3.2 million to provide community-based residential care for those citizens currently in nursing homes who are medically able and wish to live in the community and $5.6 to identify, assess, and transition persons from state institutions to the community.
What else can we say about Georgia? We are a state eager for prosperity and optimistic about our prospects for economic growth, even in tough times.
I recommend $52.1 million in tobacco settlement funds for the One Georgia Authority to continue grant and loan programs targeted at our most economically challenged counties.
I am also recommending $100 million for the Governor's Road Improvement Program GRIP.
GRIP funds are the foundation of many essential transportation projects that link our small towns and counties with major transportation arteries, helping them attract new businesses, industries and jobs.
And, I am proposing increasing funding for the Local Assistance Road Program (LARP) by $10.5 million to a total of $38 million.
I also propose $16.1 million in the FY 2003 amended and $77.2 million in the FY 2004 budget in state funds, bonds and Port Authority debt reduction for support of a major economic development project in Pooler on land owned by the Ports Authority.
This will create 3,300 new jobs for Georgians.
This is a project on which the state has already invested $25 million and we must honor our commitments to see it through.
We can say proudly that Georgia is a state that keeps our word and meets our obligations.
As proof, we hold the highest bond rating a state can have. We maintain that AAA rating by not taking on more debt than we can handle. Actually, we maintain it by taking on less

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debt than we could.
Maintaining our AAA bond rating is important because it gives us a better interest rate when we do borrow money and saves our state millions of dollars.
When we met with the bond agencies in New York, they were impressed with our proposed plan. They felt that we were proceeding in the most fiscally responsible way.
As good stewards of the public purse, I believe we must maintain Georgia's sterling reputation in the financial markets and protect our bond rating.
We must resist any temptation to mortgage our future, and our children's future, to deal with the challenges on our watch.
By investing in education...
Protecting our children...
Meeting the health and human needs of our citizens...
Making investments that will spur economic growth and job creation...
And meeting our obligations to maintain our state's excellent credit rating...
I believe we tell the right kind of story about our state. I believe these priorities show the true face of Georgia and reflect our true values.
We are compassionate, responsible, loving, trustworthy, and confident in our future.
Those values will shine through in our budget.
These are the essentials we cannot do without, in good times or lean.
But to fund them we must make hard choices. We must do without other things that might be nice to have - just not right now.
Here is the simple truth - the cuts we have already absorbed do not free enough revenue to meet our education, child safety, economic development and human needs in a way that preserves our sound fiscal rating.
We must take additional steps. The ones I propose are difficult, but, in my judgment, necessary.

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Our current economic conditions require us to use a portion of the Revenue Shortfall Reserve - the "rainy day" fund. I will use my statutory discretion as Governor to make $138 million in Reserve funds available for appropriation in FY 2003 and an additional $142 million available in FY 2004.
We must also adjust to the fact that the budget surpluses we enjoyed in recent years are no longer available to us. As a consequence, programs and initiatives that were funded principally or entirely from surplus funds must get a hard look.
One such program is the Homeowner Tax Relief Grant. The goal of this program, funded from the annual budget surplus, was to raise the property tax homestead exemption, putting more dollars into the taxpayer's pocket.
That is a worthwhile goal and a principle I support. Unfortunately, as we know, the surplus is no longer there. If we desire to continue this program we must now dip into the general funds budget.
In short, we would be taking money out of the taxpayer's left pocket to put it into their right pocket. That is unwise and unproductive, especially when the price comes out of meeting our basic human needs.
We will revamp this program, so that it is funded responsibly. Our local governments have already sent out current year property tax bills, with the expectation that in FY 2003 the homestead exemption value will rise from $8000 to $10,000.
I am recommending $24.5 million in the FY 2003 amended budget to preserve this exemption increase to $10,000 for the current year, which will result in no tax liability for the first $25,000 of fair market value on homesteads, saving the average property tax paying family $210.
However, for FY 2004, I am proposing only $95 million, which will fund the statewide homestead exemption value at $4000 and result in no property tax for the first $10,000 of fair market value on homesteads.
To maintain the full $10,000 exemption for FY 2004 would cost $378 million. By stepping the grant program down to the $4000 level, we will save approximately $283 million for other priorities.
I am also proposing that we eliminate the $7 reduction in the price of driver's licenses for applicants who check the "organ donor" box. This price differential is a well-intentioned attempt to encourage people to become organ donors.
Experience shows, however, that the fee break has little impact on the number of people

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who become organ donors. It is an incentive that doesn't incentivize a significant number of people. Eliminating the fee break will generate $4.4 million in additional revenues.
That may be a modest amount in the overall budget, but we need it.
Let me be clear that I completely support organ donation and encourage Georgians to become organ donors and help save lives. This is simply not the best way to go about it.
Even with these measures, we have a need for new revenue if we are to balance our budget while honoring our commitments and human priorities.
I am therefore proposing a modest temporary - and let me emphasize that: temporary increase in the state excise tax on tobacco and alcohol products.
This measure will generate approximately $91.5 million in new revenue applied to the FY 2003 budget and $387 million for FY 2004. We will sunset this provision in four years, with the hope that our revenue will have improved by then.
In the meantime, the fact that this is a temporary revenue increase, with a sunset, will force state government to undergo systematic and structural changes to ensure that we never find ourselves in this situation again.
This kind of fundamental change is long overdue.
While it is in effect, the increased excise tax of 58 cents per pack on cigarettes and the excise on other tobacco products will also promote our goal of a healthier Georgia.
This action will prevent as many as 3,500 teenagers per year from starting to smoke. Teens are especially price-sensitive and cost is a major deterrent to teen smoking.
This proposal will also encourage many adult smokers to stop and will curb the use of other harmful tobacco products, improving the health of our state.
I want everyone in this state to understand that revenue produced by the proposed increase will be directed to offset increases in health care costs to the state.
This is not a step I propose lightly, but I believe it is the most responsible option available to us. Georgia has among the lowest state excise taxes on these products.
This action produces both needed revenues and public health benefits. If we must raise a tax to meet our goals as a state, this is the one to raise.
In closing, let me say that I present these budget proposals to the General Assembly with

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humility.
The 150 hours of budget meetings I had were not nearly enough to dig as deeply into our state's spending habits as I would have liked.
The budget process I was called upon to manage was already well-advanced by the time I became involved.
Time was short. I had less than one month after Election Day to prepare a budget proposal.
The budget proposals I have outlined today and which you will soon examine in detail are lean. You will find no fat in this budget.
If you do, let me know and I'll take care of it.
You've all made promises to your constituents to support programs and projects.
So have I.
There are things I campaigned on that I can't do right now because of this budget situation.
It is frustrating not to be able to do all the things you want to do or have all the things you want to have.
But dealing with that hard truth is part of maturity and a sign of character.
When I spoke to the members of this body a few weeks ago in Athens I told you we'll be able to have the things we want and fulfill our promises to those we represent - just not right now.
For now, we're on a diet, and a pretty strict one.
We can and should see this as an opportunity to improve our overall fitness by reforming the budget process. We have four years to do so.
We must return to an era of true results-based, performance-based budgeting.
Every year we will examine each agency or department's funding request in its entirety. Line items that are no longer needed or that do not align with our core principles will be eliminated.

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And we will carry out a sustained series of performance audits to ensure that Georgians are getting the best value for their tax dollars. We can change our habits and improve our situation for the future. For now, we must be equal to the task at hand. This is not the kind of budget I wanted to propose. The cuts are real and will cause real pain. And no Republican governor wants to propose even a modest tax increase his first week in office. But this it is the budget I believe the situation demands. I've said repeatedly since the election, you and I are partners. We are members of the same team, Georgia's team. Hired by Georgia to do the people's work and be good stewards of their resources. If this General Assembly, in your wisdom, can come up with a better solution than what I have proposed, I am ready to work with you. If there are things in this budget you don't like - and I'm sure there are - then find an alternative. Find us a better solution. If you can produce a budget that lives up to the kind of state Georgia is... Meets our obligations to the educational, economic, and human needs of our citizens... And maintains our sound financial rating ... Then I am here to work with you. Let's work together and show the people of Georgia that their trust in us is well placed. Tough times test our character. Let's represent the true character of our state.

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Let's produce a budget that tells the story of a Georgia that is compassionate and confident... Bold and optimistic... A Georgia that sustains its principles in good times and bad ... A great state that is equal to its greatest challenges. Thank you. God bless you all ... and God bless Georgia.

Senator Price of the 56th moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The President of the Senate, Lieutenant Governor Mark Taylor, announced the Joint Session dissolved.

The Speaker called the House to order.

Representative Skipper of the 116th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia Thursday, January 16, 2003

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

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

Amerson Anderson Ashe Bannister Barnard Birdsong Black Boggs Bordeaux Borders Bridges Brock Brooks Broome Brown Bruce Buck Buckner, D Buckner, G Bunn Burkhalter Burmeister Butler Campbell Casas Chambers Childers Coleman, B Cooper Crawford

Cummings Day Deloach E Dix Dodson Dollar Dooley Douglas Dukes Ehrhart Elrod Epps Fleming Floyd, H Floyd, J Forster Franklin Gardner Graves, D Graves, T Greene Greene-Johnson Hanner Harbin Harper Heard, J Heard, K Heath Hembree Hill, C

Hill, C.A Hill, V Hines Holmes Houston Howard Howell Hugley Jackson James Jamieson Jones Jordan Keen Knox Lane Lewis Lord Lunsford Mangham Manning Marin Martin Massey Maxwell McBee McCall Millar Mills

Mobley Moraitakis Mosby Mosley Murphy, J Murphy, Q Oliver, B Oliver, M O'Neal Orrock Parham Parrish Parsons Porter Powell Purcell Ralston Ray Reece, B Reece, S Richardson Roberts, J Roberts, L Rogers, C Rogers, Ch. Royal Rynders Scott Sheldon

Sims Sinkfield Smith, B Smith, L Smith, P Smith, T Smith, V Snow Stephens, E Stephens, R Stephenson Stoner Teilhet Teper Thomas, A Thomas, A.M Twiggs Walker, L Warren Watson Westmoreland White Wilkinson Willard Williams, A Williams, E Williams, R Yates Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Barnes of the 84th, Post 2, Beasley-Teague of the 48th, Post 2, Benfield of the 56th, Post 1, Channell of the 77th, Coan of the 67th, Post 1, Dean of the 49th, Golick of the 34th, Post 3, Harrell of the 54th, Heckstall of the 48th, Post 3, Henson of the 55th, Jenkins of the 93rd, Joyce of the 2nd, Lucas of the 105th, Maddox of the 59th, Post 2, McClinton of the 59th, Post 1, Mitchell of the 61st, Post 3, Morris of the 120th, Noel of the 44th, Randall of the 107th, Rice of the 64th, Sailor of the 61st, Post 1,

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Shaw of the 143rd, Sholar of the 141st, Post 1, Skipper of the 116th, Stanley-Turner of the 43rd, Post 2, Stokes of the 72nd, Walker of the 71st, Post 1, and Wix of the 33rd, Post 1.
They wish to be recorded as present.

Prayer was offered by the Reverend Dr. Rosa L. Williams, Pastor, Everfaithful Missionary Baptist Church, Augusta, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

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

By unanimous consent, the following Bills and Resolutions of the House were

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introduced, read the first time and referred to the Committees:

HB 81.

By Representatives Lucas of the 105th, Cummings of the 19th, Hugley of the 113th, Greene of the 134th, Reece of the 11th and others:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for the acquisition of certain rights relating to demotion or nonrenewal of contract for a school year under certain circumstances for persons first becoming teachers on or after July 1, 2000; and for other purposes.

Referred to the Committee on Education.

HB 82.

By Representatives O`Neal of the 117th, Richardson of the 26th and Massey of the 24th:
A BILL to amend Chapter 6A of Title 7 of the Official Code of Georgia Annotated, relating to the "Georgia Fair Lending Act," so as to exclude certain fees paid to federal government agencies that insure payment of home loans from the definition of points and fees; and for other purposes.

Referred to the Committee on Banks and Banking.

HB 83.

By Representative Parham of the 94th:
A BILL to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of uniform rules of the road, so as to change certain provisions relating to drivers' exercise of due care and proper use of radios and mobile telephones; to prohibit certain use of mobile telephones; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 84.

By Representative Parham of the 94th: A BILL to amend Code Section 40-2-38 of the Official Code of Georgia

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Annotated, relating to registration and licensing of dealers, manufacturers, and persons transporting motor vehicles and mobile homes, so as to provide that dealer license plates may be used only by corporate officers; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 85.

By Representative Dean of the 49th:
A BILL to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, so as to authorize the imposition and levy of certain local excise taxes upon certain cigars and cigarettes; and for other purposes.

Referred to the Committee on Ways & Means.

HB 86.

By Representative Parham of the 94th:
A BILL to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident reparations, so as to repeal certain provisions relating to vehicles not to be licensed until proof of insurance is furnished; to amend Code Section 40-2-26 of the Official Code of Georgia Annotated, relating to form and contents of application for registration and heavy vehicle tax, so as to change certain provisions relating to vehicles not to be registered unless proof of insurance is furnished; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 87.

By Representative Buck of the 112th:
A BILL to amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to rules and regulations regarding bingo, so as to increase the amount of money that may be paid to individuals assisting in the conduct of bingo games; to increase the number of organizations in which a person is authorized to participate in the bingo operations thereof; and for other purposes.

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Referred to the Committee on Special Judiciary.

HB 88.

By Representative Dean of the 49th:
A BILL to amend Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to executions and judicial sales, and Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to prohibit the sale of tax executions; to make it unlawful to sell such tax executions; and for other purposes.

Referred to the Committee on Ways & Means.

HB 89.

By Representative Dean of the 49th:
A BILL to amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to change certain provisions regarding amounts payable for such redemption; and for other purposes.

Referred to the Committee on Ways & Means.

HB 90.

By Representatives Boggs of the 145th, Bordeaux of the 125th and Moraitakis of the 42nd, Post 4:
A BILL to amend Code Section 15-2-8 of the Official Code of Georgia Annotated, relating to the powers of the Supreme Court generally, so as to provide for submission of each state bar applicant's fingerprints for a national check for criminal convictions; and for other purposes.

Referred to the Committee on Judiciary.

HB 91.

By Representative Oliver of the 56th, Post 2:
A BILL to enact the "2003 Fairness in Arbitration Act"; to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide for a challenge to the neutrality of an arbitrator; to provide for

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vacation of an arbitration award based on an arbitrator's manifest disregard of the law; and for other purposes.

Referred to the Committee on Judiciary.

HB 92.

By Representatives Buck of the 112th, Buckner of the 109th, Hugley of the 113th, Smith of the 110th and Smyre of the 111th:
A BILL to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to the joint county or municipal sales and use tax, so as to provide for an optional rate increase to 2 percent with respect to imposition by consolidated governments; to provide for imposition of such tax at the rate of 2 percent by consolidated governments; and for other purposes.

1/15/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 92. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Buck District 112

Referred to the Committee on Ways & Means.

HB 93.

By Representatives Buck of the 112th and Royal of the 140th:
A BILL to amend Code Section 48-13-5 of the Official Code of Georgia Annotated, relating to definitions relative to occupation taxes and regulatory fees, so as to revise the definition of gross receipts to exclude interorganizational sales or transfers between or among certain parent corporations, their wholly owned subsidiaries, and certain corporations partially owned by such parents or subsidiaries; and for other purposes.

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1/15/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 93. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Buck District 112

Referred to the Committee on Ways & Means.

HB 94.

By Representatives Oliver of the 121st, Post 2 and Oliver of the 56th, Post 2:
A BILL to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act," so as to prohibit the sale or lease of a motor vehicle conditioned upon financing approval except under certain conditions; to define the term "spot delivery"; to provide for a criminal penalty; and for other purposes.

Referred to the Committee on Judiciary.

HB 95.

By Representatives Sims of the 130th, McBee of the 74th, Porter of the 119th and Ehrhart of the 28th:
A BILL to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs, so as to provide a cause of action against certain persons in favor of certain colleges and universities and student athletes for violations of college athletic recruitment rules and regulations; to provide for damages, costs, attorney's fees, and injunctive relief; to provide for certain required disclosures for all student-athletes in high schools in this state; and for other purposes.

Referred to the Committee on Higher Education.

HB 96. By Representatives Ray of the 108th, Royal of the 140th, Floyd of the 132nd, Purcell of the 122nd and James of the 114th:

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A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale or use of liquefied petroleum gas or other fuel used for certain horticultural purposes; and for other purposes.

Referred to the Committee on Ways & Means.

HB 97.

By Representatives Sims of the 130th, Smith of the 129th, Post 2, Jamieson of the 22nd, Purcell of the 122nd, Sholar of the 141st, Post 1 and others:
A BILL to amend Part 5 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits for certain law enforcement personnel under the Employees' Retirement System of Georgia, so as to increase the retirement benefit for certain law enforcement officers; to reduce the retirement age for such members; to provide for creditable service for certain prior service; and for other purposes.

Referred to the Committee on Retirement.

HB 98.

By Representatives Lunsford of the 85th, Post 2, Westmoreland of the 86th, Day of the 126th, Keen of the 146th, Coan of the 67th, Post 1 and others:
A BILL to amend Chapter 20 of Title 50 of the Official Code of Georgia Annotated, relating to the state's relations with nonprofit contractors, so as to authorize the establishment of one or more legislative Nonprofit Contractor Oversight Panels; and for other purposes.

Referred to the Committee on Appropriations.

HB 99.

By Representatives Barnes of the 84th, Post 2, Ashe of the 42nd, Post 2, Coleman of the 65th, Dodson of the 84th, Post 1, Buckner of the 82nd and others:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for state payment of all or a portion of student loans of certain teachers

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teaching in high priority schools; and for other purposes.

Referred to the Committee on Education.

HB 100. By Representatives Mosley of the 129th, Post 1, Birdsong of the 104th, Smith of the 129th, Post 2, Purcell of the 122nd, Greene of the 134th and others:
A BILL to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of taxable net income tax, so as to exclude from state income taxation the salary of Georgia citizens on active military duty and residing outside the state; and for other purposes.

Referred to the Committee on Ways & Means.

HB 101. By Representatives Ray of the 108th, Royal of the 140th, Purcell of the 122nd, Floyd of the 132nd and James of the 114th:
A BILL to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to authorize the Board of Community Health to contract with any agricultural commodity commission created pursuant to Chapter 8 of Title 2 of the Official Code of Georgia Annotated to provide for the inclusion in such plan of any such commission's employees and retiring employees and their spouses and dependents; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 102. By Representatives Bridges of the 7th, Day of the 126th and Forster of the 3rd, Post 1:
A BILL to amend Code Section 15-21-2 of the Official Code of Georgia Annotated, relating to payment into county treasuries of fines and forfeitures, so as to provide for payment of certain moneys arising from traffic fines into the state treasury; to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals relative to prosecution of misdemeanor traffic offenses, so as to provide for payment of

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certain moneys arising from traffic fines into the state treasury; and for other purposes.

Referred to the Committee on Public Safety.

HR 22.

By Representatives Day of the 126th, Stephens of the 123rd and Lunsford of the 85th, Post 2:
A RESOLUTION proposing an amendment to the Constitution so as to provide for a state-wide base year assessed value homestead exemption; and for other purposes.

Referred to the Committee on Ways & Means.

HR 23.

By Representatives Day of the 126th, Stephens of the 123rd, Cooper of the 30th and Lunsford of the 85th, Post 2:
A RESOLUTION urging the Board of Regents of the University System of Georgia to allow children of POST certified law enforcement officers or of firefighters 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 25.

By Representatives Buck of the 112th, Buckner of the 109th, Hugley of the 113th, Smyre of the 111th and Smith of the 110th:
A RESOLUTION commending Robert Henry Jordan; designating the Robert Henry Jordan Memorial Highway; and for other purposes.

Referred to the Committee on Transportation.

HR 26. By Representatives Day of the 126th, Stephens of the 123rd, Snow of the 1st, Jackson of the 124th, Post 1 and Henson of the 55th:

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A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a tuition-free program at units of the University System of Georgia for children of law enforcement officers or firefighters who died in the line of duty; and for other purposes.

Referred to the Committee on Higher Education.

HR 27.

By Representatives Mosley of the 129th, Post 1, Smith of the 129th, Post 2, Porter of the 119th, Royal of the 140th, Boggs of the 145th and others:
A RESOLUTION urging the Congress of the United States of America to reaffirm the history of this nation as a Judeo-Christian nation; and for other purposes.

Referred to the Committee on Rules.

HR 28.

By Representatives Amerson of the 9th, Reece of the 21st, Rogers of the 20th and Mills of the 67th, Post 2:
A RESOLUTION designating a portion of SR 60 in Hall County as the Sonny Kemp Intersection; and for other purposes.

Referred to the Committee on Transportation.

HR 29.

By Representatives Millar of the 52nd, Joyce of the 2nd, Chambers of the 53rd, Bannister of the 70th, Post 1, O`Neal of the 117th and others:
A RESOLUTION expressing regret at the passing of the Honorable J. Max Davis and designating the J. Max Davis Interchange; and for other purposes.

Referred to the Committee on Transportation.

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

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HB 2 HB 3 HB 4 HB 5 HB 6 HB 7 HB 8 HB 9 HB 10 HB 11 HB 12 HB 13 HB 14 HB 15 HB 16 HB 17 HB 18 HB 20 HB 24 HB 27 HB 28 HB 30 HB 31 HB 32 HB 45 HB 46 HB 47 HB 48 HB 49 HB 50 HB 51 HB 52 HB 53 HB 54

HB 55 HB 56 HB 57 HB 58 HB 59 HB 60 HB 61 HB 62 HB 63 HB 64 HB 65 HB 66 HB 67 HB 68 HB 69 HB 70 HB 71 HB 72 HB 73 HB 74 HB 75 HB 76 HB 77 HB 78 HB 79 HB 80 HR 1 HR 2 HR 3 HR 4 HR 5 HR 6 HR 21 HR 24

Representative Royal of the 140th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report

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the same back to the House with the following recommendations:
HB 42 Do Pass HB 44 Do Pass

Respectfully submitted, /s/ Royal of the 140th
Chairman

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 42.

By Representative Channell of the 77th:
A BILL to provide 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 residents of that school district who are 65 years of age or older; and for other purposes.

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

HB 44.

By Representative Channell of the 77th:
A BILL to provide a homestead exemption from Greene County ad valorem taxes for county purposes in the amount of $8,000.00 of the assessed value of the homestead for certain residents of that county who are 65 years of age or over; and for other purposes.

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

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:

THURSDAY, JANUARY 16, 2003

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers
Coan Y Coleman, B
Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod
Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin
Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell
Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall
Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

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Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bills, the ayes were 171, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representative Ray of the 108th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

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HR 30.

By Representatives Day of the 126th, Coleman of the 118th, Skipper of the 116th, Orrock of the 51st, Bordeaux of the 125th and others:
A RESOLUTION commending Honorable James Earl "Jimmy" Carter, Jr. and inviting him to appear before the House of Representatives; and for other purposes.

The following Resolution of the House was read:

HR 31. By Representatives Skipper of the 116th, Orrock of the 51st, Westmoreland of the 86th, Buck of the 112th, Smyre of the 111th and others

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Friday, January 17, 2003, and shall reconvene on Monday, January 27, 2003.
BE IT FURTHER RESOLVED that for the duration of the remainder of the 2003 session of the General Assembly until its adjournment sine die, unless otherwise provided by resolution of the General Assembly, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and shall reconvene on the Monday next following.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate; and the hour for convening the House on each such Monday may be as ordered by the House.

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley
Douglas

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell
Hudson

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce
Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers
Coan Y Coleman, B
Cooper Y Crawford Y Cummings

THURSDAY, JANUARY 16, 2003

Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin
Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Oliver, B Y Oliver, M Y O'Neal
Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

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

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Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

The following Resolution of the House was read:

HR 32. By Representatives Skipper of the 116th, Orrock of the 51st, Westmoreland of the 86th, Bordeaux of the 125th, Buck of the 112th and others

A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Honorable Norman S. Fletcher, Chief Justice of the Supreme Court, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M.,

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Friday, January 31, 2003, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from Chief Justice Fletcher.
BE IT FURTHER RESOLVED that each other Justice of the Supreme Court and each Judge of the Court of Appeals is hereby invited to the hall of the House of Representatives for the purpose of hearing the address from Chief Justice Fletcher.
BE IT FURTHER RESOLVED that the Clerk of the House is authorized and directed to transmit appropriate copies of this resolution to the Chief Justice, to each other Justice of the Supreme Court, and to each Judge of the Court of Appeals.

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers
Coan

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T
Greene Y Greene-Johnson Y Hanner Y Harbin
Harper Y Harrell Y Heard, J Y Heard, K Y Heath

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell
Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E

Y Coleman, B Cooper
Y Crawford Y Cummings

THURSDAY, JANUARY 16, 2003

Y Heckstall Y Hembree Y Henson Y Hill, C

Y McClinton Y Millar Y Mills Y Mitchell

Y Scott Y Shaw Y Sheldon Y Sholar

On the adoption of the Resolution, the ayes were 170, nays 0. The Resolution was adopted.

113
Williams, R Y Wix Y Yates
Coleman, Speaker

The following Resolutions of the House were read and adopted:

HR 33.

By Representatives Reece of the 11th, Snow of the 1st, Ray of the 108th, Purcell of the 122nd and James of the 114th:
A RESOLUTION recognizing and commending Bill Baisley; and for other purposes.

HR 34.

By Representatives Ray of the 108th, Royal of the 140th, Floyd of the 132nd and James of the 114th:
A RESOLUTION recognizing and commending the Georgia urban agriculture industry; and for other purposes.

HR 35.

By Representative Lord of the 103rd:
A RESOLUTION to recognize and commend the Transylvania Club of Sandersville, Georgia; and for other purposes.

HR 36.

By Representatives Lunsford of the 85th, Post 2, Westmoreland of the 86th, Skipper of the 116th, Yates of the 85th, Post 1, Coleman of the 118th and others:
A RESOLUTION commending Robert Huefner on his being named as one of only two recipients of the national 2002 Wendy's High School Heisman Award; and for other purposes.

HR 37. By Representatives Rogers of the 20th, Mills of the 67th, Post 2, Reece of the

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21st and Amerson of the 9th: A RESOLUTION expressing regret at the passing of Hall County Commissioner Frances Meadows; and for other purposes.

HR 38.

By Representatives Rogers of the 20th, Mills of the 67th, Post 2, Reece of the 21st and Amerson of the 9th:
A RESOLUTION expressing regret at the passing of Don Waldrip; and for other purposes.

HR 39.

By Representatives Rogers of the 20th, Mills of the 67th, Post 2, Reece of the 21st and Amerson of the 9th:
A RESOLUTION expressing regret at the passing of Charles Augustus Smithgall, Jr.; and for other purposes.

HR 40.

By Representatives Day of the 126th, Snow of the 1st, Forster of the 3rd, Post 1, Boggs of the 145th, Westmoreland of the 86th and others:
A RESOLUTION commending police chiefs and other heads of law enforcement agencies in this state and observing a day of recognition; and for other purposes.

HR 41.

By Representatives Rogers of the 20th, Mills of the 67th, Post 2, Reece of the 21st and Amerson of the 9th:
A RESOLUTION expressing regret at the passing of A. Frank Wiegand, Jr.; and for other purposes.

HR 42.

By Representatives Williams of the 128th, James of the 114th, Skipper of the 116th, Roberts of the 135th, Smith of the 129th, Post 2 and others:
A RESOLUTION commending Honorable E. C. Tillman; and for other purposes.

Representative Skipper of the 116th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

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The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia Friday, January 17, 2003

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 Walter L. Kimbrough, Senior Pastor, Cascade United Methodist Church, Atlanta, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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117

7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 25.

By Representative Morris of the 120th:
A BILL to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick and personal leave for teachers and other personnel, so as to provide for restoration of certain forfeited sick and personal leave after return to service for two consecutive years; and for other purposes.

Referred to the Committee on Education.

HB 33.

By Representatives Greene-Johnson of the 60th, Post 3, Orrock of the 51st, Maddox of the 59th, Post 2, Porter of the 119th, Lunsford of the 85th, Post 2 and others:
A BILL to amend Code Section 20-2-281 of the Official Code of Georgia Annotated, relating to the assessment of the effectiveness of educational programs, so as to exempt international students without English speaking, reading, and writing skills from all state mandated student assessments for the first year that such students are enrolled in a school in this state; and for other purposes.

Referred to the Committee on Education.

HB 103. By Representatives Walker of the 115th and Oliver of the 56th, Post 2:
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.

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Referred to the Committee on Judiciary.

HB 104. By Representatives Walker of the 115th and Oliver of the 56th, Post 2:
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; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated; to repeal portions of the Code and Acts amendatory thereof which have become obsolete; and for other purposes.

Referred to the Committee on Judiciary.

HB 105. By Representative Walker of the 115th:
A BILL to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in Title 21 of the Official Code of Georgia Annotated; and for other purposes.

Referred to the Committee on Judiciary.

HB 106. By Representative Dean of the 49th:
A BILL to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, so as to authorize the imposition and levy of certain local excise taxes upon certain cigars and cigarettes; and for other purposes.

Referred to the Committee on Ways & Means.

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119

HB 107. By Representative Dean of the 49th:
A BILL to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, so as to authorize the imposition and levy of certain local excise taxes upon certain cigars and cigarettes; and for other purposes.

Referred to the Committee on Ways & Means.

HB 108. By Representatives Ray of the 108th, Floyd of the 132nd, Purcell of the 122nd and Royal of the 140th:
A BILL to amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to change certain provisions related to failing to pay for natural products or chattels; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

HB 109. By Representatives Powell of the 23rd, Westmoreland of the 86th, Bruce of the 45th, Watson of the 60th, Post 2 and Maddox of the 59th, Post 2:
A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the State Licensing Board for Residential Contractors; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 110. By Representatives Bruce of the 45th, Mosby of the 59th, Post 3, Fludd of the 48th, Post 4, Noel of the 44th and Thomas of the 33rd, Post 2:
A BILL to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to the sale of alcoholic beverages, so as to prohibit the sale of single containers of malt beverage at any licensed retail establishment where motor fuel is also offered for sale at retail; and for other purposes.

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Referred to the Committee on Regulated Beverages.

HB 111. By Representatives Bruce of the 45th, Bunn of the 63rd, Mosby of the 59th, Post 3, Fludd of the 48th, Post 4, Thomas of the 33rd, Post 2 and others:
A BILL to amend Part 1 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sale of petroleum products, so as to change provisions relating to registration of gasoline dealers; to require registration to engage in the business of gasoline delivery; to provide for certain information to be included in initial, annual, and amended applications for registration; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 112. By Representatives Borders of the 142nd, Black of the 144th, Shaw of the 143rd, Smith of the 76th and Campbell of the 39th:
A BILL to amend Code Section 34-8-194 of the Official Code of Georgia Annotated, relating to grounds for disqualification for employment security benefits, so as to change provisions relating to the effect of discharge from employment because of absenteeism caused by illness; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 113. By Representatives Day of the 126th, Snow of the 1st, Stephens of the 123rd, Roberts of the 131st and Powell of the 23rd:
A BILL to amend Code Section 16-11-126 of the Official Code of Georgia Annotated, relating to the offense of carrying a concealed weapon, so as to provide that the provisions of said Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle; and for other purposes.

Mr. Clerk:

1/16/2003

FRIDAY, JANUARY 17, 2003

121

Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 113. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Burke Day District 126

Referred to the Committee on Special Judiciary.

HB 114. By Representatives Williams of the 128th, Bordeaux of the 125th, Skipper of the 116th, Mosley of the 129th, Post 1 and James of the 114th:
A BILL to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections generally, so as to provide that the election superintendent shall ensure that all ballots are counted before closing the election superintendent's office after a primary or election; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 115. By Representatives Coleman of the 118th, Buck of the 112th and Skipper of the 116th:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2002-2003 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2002-2003; and for other purposes.

Referred to the Committee on Appropriations.

HB 116. By Representatives Birdsong of the 104th, Royal of the 140th, Skipper of the 116th, Buck of the 112th, Smyre of the 111th and others:
A BILL to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of taxable net income for income tax purposes, so as to increase the amount of retirement income exclusion; and for other purposes.

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1/17/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 116. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Birdsong District 104

Referred to the Committee on Ways & Means.

HB 117. By Representatives Birdsong of the 104th, Skipper of the 116th, Buck of the 112th, Smyre of the 111th, Royal of the 140th and others:
A BILL to amend Code Section 34-8-194 of the Official Code of Georgia Annotated, relating to grounds for disqualification of unemployment benefits, so as to provide that leaving an employer voluntarily because of the transfer of a spouse from one military assignment to another shall not disqualify a person from such benefits; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 118. By Representatives Birdsong of the 104th, Skipper of the 116th, Buck of the 112th, Smyre of the 111th, Royal of the 140th and others:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide that military income received by a taxpayer who is a member of the national guard or any reserve component of the armed forces of the United States called to active duty shall not be subject to state income tax; and for other purposes.

Mr. Clerk:

1/17/2003

FRIDAY, JANUARY 17, 2003

123

Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 118. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Birdsong District 104

Referred to the Committee on Ways & Means.

HB 119. By Representatives Coleman of the 118th, Buck of the 112th and Skipper of the 116th:
A BILL to provide supplementary appropriations for the State Fiscal Year ending June 30, 2003, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein; and for other purposes.

Referred to the Committee on Appropriations.

HB 120. By Representatives Coleman of the 118th, Buck of the 112th and Skipper of the 116th:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2003, and ending June 30, 2004; and for other purposes.

Referred to the Committee on Appropriations.

HB 121. By Representatives Coleman of the 118th, Buck of the 112th, Skipper of the 116th, Westmoreland of the 86th, O`Neal of the 117th and others:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2002-2003 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2002-2003; and for other purposes.

Referred to the Committee on Appropriations.

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HB 122. By Representatives Coleman of the 118th, Buck of the 112th, Skipper of the 116th, Westmoreland of the 86th, O`Neal of the 117th and others:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2003 ending June 30, 2004; and for other purposes.

Referred to the Committee on Appropriations.

HR 43.

By Representative Powell of the 23rd:
A RESOLUTION proposing an amendment to the Constitution so as to repeal the provisions requiring the funding of education by ad valorem taxation and provide for the imposition of a state excise tax on the sale or use of motor fuels, which rate of taxation may be adjusted as necessary by the General Assembly, the proceeds of which shall be used exclusively for educational purposes prior to the college or postsecondary level; and for other purposes.

Referred to the Committee on Ways & Means.

HR 44.

By Representatives Hembree of the 46th and Joyce of the 2nd:
A RESOLUTION proposing an amendment to the Constitution so as to provide for public initiative referendums; and for other purposes.

Referred to the Committee on Rules.

HR 45.

By Representatives Powell of the 23rd and McCall of the 78th:
A RESOLUTION proposing an amendment to the Consitution so as to provide that taxable property and interests therein shall be appraised for ad valorem taxation purposes at the owner's acquisition cost; and for other purposes.

Referred to the Committee on Ways & Means.

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

HB 81 HB 82 HB 83 HB 84 HB 85 HB 86 HB 87 HB 88 HB 89 HB 90 HB 91 HB 92 HB 93 HB 94 HB 95

HB 96 HB 97 HB 98 HB 99 HB 100 HB 101 HB 102 HR 22 HR 23 HR 25 HR 26 HR 27 HR 28 HR 29

Pursuant to Rule 52, Representative Buck of the 112th moved that the following Bill of the House be engrossed:

HB 92.

By Representatives Buck of the 112th, Buckner of the 109th, Hugley of the 113th, Smith of the 110th and Smyre of the 111th:
A BILL to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to the joint county or municipal sales and use tax, so as to provide for an optional rate increase to 2 percent with respect to imposition by consolidated governments; to provide for imposition of such tax at the rate of 2 percent by consolidated governments; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Buck of the 112th moved that the following Bill of the House be engrossed:

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HB 93. By Representatives Buck of the 112th and Royal of the 140th:

A BILL to amend Code Section 48-13-5 of the Official Code of Georgia Annotated, relating to definitions relative to occupation taxes and regulatory fees, so as to revise the definition of gross receipts to exclude interorganizational sales or transfers between or among certain parent corporations, their wholly owned subsidiaries, and certain corporations partially owned by such parents or subsidiaries; and for other purposes.

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

N Amerson E Anderson Y Ashe N Bannister N Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux
Borders N Bridges N Brock Y Brooks
Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn
Burkhalter N Burmeister N Butler E Campbell N Casas N Chambers Y Channell Y Childers
Coan N Coleman, B
Cooper N Crawford Y Cummings

N Day Dean
Y Deloach Dix
Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart N Elrod Y Epps
Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner Y Golick N Graves, D N Graves, T
Greene Y Greene-Johnson Y Hanner
Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall Y Hembree Y Henson N Hill, C

N Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson
James Y Jamieson
Jenkins N Jones Y Jordan N Joyce N Keen N Knox Y Lane E Lewis
Lord Y Lucas N Lunsford Y Maddox Y Mangham Y Manning Y Marin N Martin N Massey N Maxwell Y McBee Y McCall Y McClinton N Millar N Mills Y Mitchell

Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell N Ralston
Randall Y Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J
Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor E Scott Y Shaw N Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L
Walker, R.L Y Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

On the motion the ayes were 98, nays 56.

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The motion prevailed.

Representative Day of the 126th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Royal of the 140th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 46 Do Pass, by Substitute HB 60 Do Pass

Respectfully submitted, /s/ Royal of the 140th
Chairman

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 46.

By Representative Skipper of the 116th:
A BILL to amend an Act providing for a new charter for the City of Ellaville, so as to change certain provisions regarding the composition and election of the councilmembers; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend an Act providing for a new charter for the City of Ellaville, approved April 8, 2002 (Ga. L. 2002, p. 3839), so as to change certain provisions regarding the composition

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and election of the councilmembers; to change certain qualifications; to change certain provisions regarding the mayor pro tempore; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for a new charter for the City of Ellaville, approved April 8, 2002 (Ga. L. 2002, p. 3839), is amended by striking subsection (b) of Section 2.10 and inserting in its place a new subsection (b) to read as follows:
"(b)(1) For purposes of electing members of the city council, the City of Ellaville is divided into four council districts. (2) Except for the district specified in paragraph (3) of this subsection, one member of the city council shall be elected from each such district. (3) Council District 1 shall consist of one election district with two numbered posts. Each person seeking election from such district shall designate the post for which such person seeks election. Such posts shall be designated as Post 1 and Post 2. (4) The four council districts shall be and correspond to those four numbered districts described in and attached to and made a part of the Act approved April 8, 2002 (Ga. L. 2002, p. 3839), and further identified as Plan Name: ella3 Plan Type: Local User: Gina Administrator: Ellaville."
SECTION 2. Said Act is further amended by striking subsection (b) of Section 2.11 and inserting in its place a new subsection (b) to read as follows:
"(b) Candidates for Districts 1, 2, 3, and 4 must at the time of qualification and during their term of service reside within the respective district which each seeks to represent."
SECTION 3. Said Act is further amended by striking Section 2.32 and inserting in its place a new Section 2.32 to read as follows:
"SECTION 2.32. Mayor pro tempore.
Beginning in January, 2003, the post of mayor pro tempore shall rotate by council position each year starting with District 1, Post 1. However, as a prerequisite to being mayor pro tempore, the council person must have completed the training required by state law. The mayor pro tempore shall assume the duties and powers of the mayor during the mayors disability or absence. Any such disability or absence shall be declared by a majority vote of the city council."
SECTION 4.

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The governing authority of the City of Ellaville shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 100, nays 10.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 60.

By Representatives Dodson of the 84th, Post 1, Barnes of the 84th, Post 2, Buckner of the 82nd, Jordan of the 83rd and Hill of the 81st:
A BILL to provide a new charter for the City of Morrow; and for other purposes.

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 100, nays 10.
The Bill, having received the requisite constitutional majority, was passed.

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

Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate and House:

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SR 20. By Senators Johnson of the 1st, Price of the 56th, Stephens of the 51st and Lee of the 29th:
A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes.
The President appointed as a Committee of Escort on the part of the Senate the following Senators: Johnson of the 1st, Blitch of the 7th, Meyer von Bremen of the 12th, Crotts of the 17th, Zamrripa of the 36th, Smith of the 52nd and Price of the 56th.
HR 31. By Representatives Skipper of the 116th, Orrock of the 51st, Westmoreland of the 86th, Buck of the 112th, Smyre of the 111th and others:
A RESOLUTION relative to adjournment; and for other purposes.
HR 32. By Representatives Skipper of the 116th, Orrock of the 51st, Westmoreland of the 86th, Bordeaux of the 125th, Buck of the 112th and others:
A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes.

The following Resolution of the Senate was read:

SR 20.

By Senators Johnson of the 1st, Price of the 56th, Stephens of the 51st and Lee of the 29th

A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Sonny Perdue, is hereby invited to address a joint session of the House of Representatives and the Senate at 7:30 P.M., Monday, January 27, 2003, in the hall of the House of Representatives.

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BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 7:15 P.M. on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker and seven from the Senate to be named by the President Pro Tempore, be appointed to escort His Excellency, the Governor, to the hall of the House of Representatives.
BE IT FURTHER RESOLVED that the Justices of the Supreme Court and the Judges of the Court of Appeals are hereby extended an invitation to be present at the joint session.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit a copy of this resolution to each Justice of the Supreme Court and to each Judge of the Court of Appeals.

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

Y Amerson E Anderson Y Ashe Y Bannister
Barnard Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler E Campbell Y Casas Y Chambers Y Channell

Y Day Dean
Y Deloach Dix
Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Y Ehrhart Y Elrod Y Epps
Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J

Y Hill, C.A Y Hill, V Y Hines
Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane E Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell

Mobley Y Moraitakis
Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard

132
Y Childers Coan
Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Rynders Sailor
E Scott Y Shaw Y Sheldon Y Sholar

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

Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

The following Resolutions of the House were read and adopted:

HR 46.

By Representatives Rogers of the 20th, Mills of the 67th, Post 2, Amerson of the 9th and Reece of the 21st:
A RESOLUTION commending Howard Cooper; and for other purposes.

HR 47.

By Representative McCall of the 78th:
A RESOLUTION commending the Wilkes County Emergency Medical Service; and for other purposes.

HR 49.

By Representative Purcell of the 122nd:
A RESOLUTION commending Homer L. Wallace of Effingham County; and for other purposes.

Representative Mills of the 67th, Post 2 arose to a point of personal privilege and addressed the House.

The following communication was received:

Legislative Services Committee Office of Legislative Counsel

FRIDAY, JANUARY 17, 2003

133

316 State Capitol Atlanta, GA 30334

January 16, 2003

TO:

MEMBERS OF THE GENERAL ASSEMBLY

RE:

ELECTION OF STATE TRANSPORTATION BOARD MEMBERS

Pursuant to the provisions of O.C.G.A. Section 32-3-20, the President of the Senate and the Speaker of the House have directed me to notify you that caucuses are hereby called to elect members of the State Transportation Board from the 2nd, 3rd, 5th, 10th, 12th, and 13th Congressional Districts. All of such caucuses will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia on Thursday, January 23, 2002, according to the following schedule:

Time: 10:00 AM 11:00 AM 1:00 PM 2:00 PM 3:00 PM 4:00 PM

Congressional District: Fifth Thirteenth Second Twelfth Tenth Third

Each member of the Senate whose senatorial district is wholly or partially within a congressional district is eligible to participate in the caucus for that congressional district. Each member of the House of Representatives whose house district is wholly or partially within a congressional district is eligible to participate in the caucus for that congressional district. A listing of members eligible to participate in each caucus is attached. A description of caucus procedures is also attached.

Sincerely,

/s/ Sewell R. Brumby Legislative Counsel

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 1:00 o'clock, P.M., Monday, January 27, 2003.

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JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia Monday, January 27, 2003

The House met pursuant to adjournment at 1:00 o'clock, P.M., this day and was called to order by the Speaker.

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

Amerson E Anderson
Ashe Barnard Barnes E Beasley-Teague Birdsong Black Boggs Bordeaux Borders Bridges E Brock Brooks Broome Brown Bruce Buck Buckner, D Buckner, G Burkhalter Burmeister Butler Campbell Casas Chambers Channell Childers Coan Cooper

Crawford Day Dean Deloach Dodson Dooley Douglas Drenner Ehrhart E Elrod Fleming Floyd, H Fludd E Forster Franklin Gardner Graves, D Graves, T Greene Greene-Johnson Hanner Harbin Harper Harrell Heard, J Heard, K Heath Heckstall Hembree Henson

Hill, C Hill, C.A Hill, V Hines Houston Howard E Howell Hudson Hugley James Jamieson Jenkins Jordan Joyce Keen Knox Lane Lewis Lord Lunsford Maddox Mangham Marin Martin Maxwell McBee McClinton Millar Mills Mitchell

E Mobley Moraitakis Morris Mosley Murphy, J Murphy, Q Noel Oliver, B Oliver, M O'Neal Orrock Parham Parrish Parsons Porter Powell Purcell Ralston Randall Reece, B Reece, S Richardson Roberts, J Roberts, L Rogers, Ch. Royal Rynders Scott Shaw

Sheldon Sholar Skipper Smith, L Smith, P Smith, T Smith, V Snow Stanley-Turner Stephens, R Stokes Stoner Teilhet Teper Thomas, A Thomas, A.M Thompson Twiggs Walker, R.L Warren Westmoreland E White Wilkinson Williams, A Williams, E Williams, R Wix Yates Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Anderson of the 100th, Bannister of the 70th, Post 1, Brock of the 5th, Bunn of the 63rd, Coleman of the 65th, Dix of the 70th, Post 2, Dukes of the 136th, Epps of the 90th, Floyd of the 132nd, Forster of the 3rd, Post 1, Golick of the 34th, Post 3, Holmes of the 48th, Post 1, Jackson of the 124th, Post 1, Jones of the 38th, Lucas of the 105th, Manning of the 32nd, Massey of the 24th, McCall of the 78th, Mosby of the 59th, Post 3, Ray of the 108th, Rice of the 64th, Rogers of the 20th, Sailor of the 61st,

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Post 1, Sinkfield of the 50th, Smith of the 76th, Smyre of the 111th, Stephens of the 124th, Post 2, Watson of the 60th, Post 2, White of the 3rd, Post 2, and Willard of the 40th.
They wish to be recorded as present.

Prayer was offered by the Reverend Wilbur Purvis, III, Pastor, Mt. Sinai Church, Austell, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

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

The Speaker announced the following committee assignments:

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JOURNAL OF THE HOUSE

ADMINISTRATIVE SERVICES
Chairman: Buckner, Gail (D) Vice-Chairman: Thomas, Mable (D)
Secretary: Mosby, Howard (D)
Martin, Chuck (R )

Black, Ellis (D) Houston, Penny (D) Hudson, Sistie (D) McCall, Tom (D) Purcell, Ann (D) Warren, Pete (D)

AGRICULTURE
Chairman: Ray, Robert (D) Vice-Chairman: James, Lynmore (D)
Secretary: Oliver, Bert (D)
Brock, Craig (R ) Crawford, Mack ( R ) Graves, Tom (R ) Heath, Bill (R ) Keen, Jerry (R ) Mills, James (R ) Roberts, Jay (R ) Scott, Austin (R )

APPROPRIATIONS

Chairman: Buck, Tom (D) Vice-Chairman: Channell, Mickey (D)
Secretary: Brooks, Tyrone (D)

Ashe, Kathy (D) Barnes, Mike (D) Beasley-Teague, Sharon (D) Black, Ellis (D) Buckner, Gail (D) Childers, Buddy (D) Cummings, Bill (D) Dukes, Winfred (D) Floyd, Johnny (D) Greene, Gerald (D) Hanner, Bob (D) Heard, Keith (D)

Bannister, Charles (R ) Barnard, Terry (R ) Campbell, Tom (R ) Coan, Michael (R ) Crawford, Mack (R ) Day, Burke (R ) Ehrhart, Earl (R ) Harbin, Ben (R ) Hembree, Bill (R ) Manning, Judy (R ) Parsons, Don (R ) Smith, Lynn (R )

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Henson, Michele (D) Holmes, Bob (D) Howard, Henry (D) Jackson, Lester (D) James, Lynmore (D) Jamieson, Jeanette (D) Jenkins, Curtis (D) Lane, Bob (D) Lucas, David (D) Maddox, George (D) McBee, Louise (D) Morris, Greg (D) Mosley, Hinson (D) Oliver, Mary Margaret (D) Orrock, Nan (D) Parham, Bobby (D) Parrish, Butch (D) Porter, DuBose (D) Powell, Alan (D) Purcell, Ann (D) Ray, Robert (D) Roberts, Lawrence (D) Rogers, Carl (D) Royal, Richard (D), ex officio Shaw, Jay (D) Sims, Chuck (D), ex officio Sinkfield, Georganna (D) Skipper, Jimmy (D) Smith, Paul (D) Smith, Tommy (D) Smyre, Calvin (D) Snow, Mike (D) Twiggs, Ralph (D) Walker, Larry (D)

Stephens, Ron (R ) Westmoreland, Lynn (R ) Yates, John (R )
DeLoach, Buddy (I)

ARTS & HUMANITIES

Chairman: McClinton, JoAnn (D) Vice-Chairman: Teper, Doug (D)
Secretary: Thomas, Alisha (D)

Greene-Johnson, Teresa (D)

Butler, Mark (R )

138 Henson, Michele (D)

JOURNAL OF THE HOUSE
Casas, David (R ) Chambers, Jill (R ) Douglas, John (R ) Jones, Jan (R ) Sheldon, Donna (R )

BANKS & BANKING

Chairman: Floyd, Johnny (D) Vice-Chairman: Shaw, Jay (D)
Secretary: Fludd, Virgil (D)

Anderson, Alberta (D) Borders, Ron (D) Greene, Gerald (D) Houston, Penny (D) James, Lynmore (D) Jordan, Darryl (D) Oliver, Bert (D) Sailor, Ron (D) Sinkfield, Georganna (D) Stoner, Doug (D) Stuckey-Benfeld, Stephanie (D)

Bridges, Ben (R ) Coan, Michael (R ) Ehrhart, Earl (R ) Franklin, Bobby (R ) Jones, Jan (R ) Lewis, Jeff (R ) Massey, Warren (R ) Mills, James (R ) Murphy, Jack (R ) O'Neal, Larry (R ) Rice, Tom (R ) Sheldon, Donna (R ) White, Jack (R )

CHILDREN & YOUTH

Chairman: Sinkfield, Georganna (D) Vice-Chairman: Anderson, Alberta (D)
Secretary: Dooley, Pat (D)

Harrell, Sally (D) Mangham, Randal (D) Stephenson, Pam (D) Thomas, Alisha (D)

Chambers, Jill (R ) Lunsford, John (R ) Millar, Fran (R ) Roberts, Jay (R ) Rynders, Ed (R ) Smith, Bob (R )

DEFENSE & VETERANS AFFAIRS

Heckstall, Joe (D) Sims, Chuck (D)

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139

Chairman: Birdsong, Ken (D) Vice-Chairman: Roberts, Lawrence (D)
Secretary: Warren, Pete (D)
Bunn, Barbara (R ) Elrod, Chris (R ) Heath, Bill (R ) Williams, Roger (R )

ECONOMIC DEVELOPMENT & TOURISM

Chairman: Parrish, Butch (D) Vice-Chairman: Morris, Greg (D) Secretary: Stephens, Mickey (D)

Brooks, Tyrone (D) Buckner, Gail (D) Dukes, Winfred (D) Houston, Penny (D) Marin, Pedro (D) McClinton, JoAnn (D) Purcell, Ann (D) Reece, Barbara (D) Williams, Al (D) Wix, Don (D)

Burkhalter, Mark (R ) Casas, David (R ) Cooper, Sharon (R ) Harbin, Ben (R ) Harper, Chuck (R ) Hill, Cecily (R ) Lewis, Jeff (R ) Manning, Judy (R ) Martin, Chuck (R ) Reece, Stacey (R ) Richardson, Glenn (R ) Westmoreland, Lynn (R ) Wilkinson, Joe (R )

Ashe, Kathy (D) Bruce, Roger (D) Floyd, Hugh (D) Fludd, Virgil (D) Harrell, Sally (D) Hugley, Carolyn (D)

EDUCATION
Chairman: Holmes, Bob (D) Vice-Chairman: Reece, Barbara (D) Secretary: Greene-Johnson, Teresa (D)
Amerson, Amos (R ) Casas, David (R ) Chambers, Jill (R ) Coleman, Brooks (R ) Dollar, Matt (R ) Heard, John (R )

140
Jamieson, Jeanette (D) Jordan, Darryl (D) Stephens, Mickey (D) Teilhet, Rob (D) Thomas, Alisha (D) Williams, Earnest (D)

JOURNAL OF THE HOUSE
Hines, Roger (R ) Millar, Fran (R ) Rice, Tom (R ) White, Jack (R )

ETHICS

Chairman: Mobley, Barbara (D)

Bordeaux, Tom (D) Orrock, Nan (D) Porter, DuBose (D) Skipper, Jimmy (D) Smyre, Calvin (D) Stanley Turner, Lanett (D)

Burmeister, Sue (R ) Cooper, Sharon (R ) Keen, Jerry (R ), ex officio Westmoreland, Lynn (R )

Broome, Hugh (D) Hill, Victor (D) Warren, Pete (D)

GAME, FISH & PARKS
Chairman: Lane, Bob (D) Vice-Chairman: Barnes, Mike (D)
Secretary: Williams, Al (D)
Brock, Craig (R) Elrod, Craig (R ) Hill, Cecily (R ) Joyce, Brian (R ) Keen, Jerry (R)

Boggs, Mike (D) Mosby, Howard (D)

GOVERNMENTAL AFFAIRS
Chairman: Powell, Alan (D) Vice-Chairman: Dean, Douglas (D)
Secretary: Stoner, Doug (D)
Burmeister, Sue (R ) Scott, Austin (R )
DeLoach, Buddy (I)

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HEALTH & ECOLOGY

Chairman: Childers, Buddy (D) Vice-Chairman: Jackson, Lester (D)
Secretary: Stephenson, Pam (D)

Anderson, Alberta (D) Buckner, Debbie (D) Channell, Mickey (D) Dean, Doug (D) Dodson, Ron (D) Drenner, Karla (D) Gardner, Pat (D) Henson, Michele (D) Hudson, Sistie (D) McClinton, JoAnn (D) Mitchell, Billy (D) Mosby, Howard (D) Randall, Nikki (D) Smith, Tommy (D) Thomas, Mable (D) Watson, Stan (D)

Amerson, Amos (R ) Brown, Jeff (R ) Burmeister, Sue (R ) Graves, David (R ) Graves, Tom (R ) Harper, Chuck (R ) Hembree, Bill (R ) Lunsford, John (R ) Massey, Warren (R ) Millar, Fran (R ) Murphy, Jack (R ) Parsons, Don (R ) Reese, Stacey (R ) Smith, Bob (R ) Walker, Len (R ) Wilkinson, Joe (R )

Borders, Ron (D) Buck, Tom (D) Mobley, Barbara (D) Murphy, Quincy (D) Porter, DuBose (D) Smyre, Calvin (D)

HIGHER EDUCATION
Chairman: McBee, Louise (D) Vice-Chairman: Gardner, Pat (D)
Secretary: Howell, Lee (D)
Cooper, Sharon (R ) Hembree, Bill (R ) Hill, Calvin ( R) Martin, Chuck (R ) Rynders, Ed (R ) Walker, Len (R )

HUMAN RELATIONS & AGING
Chairman: Howard, Henry (D) Vice-Chairman: Mosley, Hinson (D)
Secretary: Harrell, Sally (D)

142
Dooley, Pat (D) Thomas, Mable (D)

JOURNAL OF THE HOUSE
Brown, Jeff (R ) Heath, Bill (R ) Smith, Vance (R ) Walker, Len (R )

Bordeaux, Tom (D) Drenner, Karla (D) Maddox, George (D) Marin, Pedro (D) Orrock, Nan (D) Sailor, Ron (D) Thompson, Curt (D)

INDUSTRIAL RELATIONS
Chairman: Smith, Paul (D) Vice-Chairman: Gardner, Pat (D)
Secretary: Teilhet, Rob (D)
Bannister, Charles (R ) Bunn, Barbara (R ) Butler, Mark (R ) Coan, Michael (R ) Ralston, David (R ) Stephens, Ron (R ) Williams, Roger (R )

INSURANCE

Chairman: Lord, Jimmy (D) Vice-Chairman: Dodson, Ron (D)
Secretary: Bruce, Roger (D)

Gardner, Pat (D) Greene-Johnson, Teresa (D) Heard, Keith (D) Hugley, Carolyn (D) Lucas, David (D) Maddox, George (D) Moratiakis, Nick (D) Murphy, Quincy (D) Watson, Stan (D)

Bannister, Charles (R ) Forster, Ron (R ) Golick, Rich (R ) Harbin, Ben (R ) Harper, Chuck (R ) Keen, Jerry (R ) Knox, Tom (R ) Rogers, Chip (R ) Wilkinson, Joe (R ) Willard, Wendell (R )

INTERSTATE COOPERATION
Chairman: Purcell, Ann (D) Vice-Chairman: Randall, Nikki (D)

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143

Cummings, Bill (D) Greene, Gerald (D)

Secretary: Marin, Pedro (D)

INTRA-GOVERNMENTAL COORDINATION

Chairman: Heard, Keith (D) Vice-Chairman: Hudson, Sistie (D)
Secretary: Murphy, Quincy (D)

Heckstall, Joe (D) Jenkins, Curtis (D)

Douglas, John (R ) Elrod, Chris (R ) Heard, John (R ) Rogers, Chip (R )

JOURNALS
Chairman: Teper, Doug (D) Vice-Chairman: Buckner, Gail (D)
Secretary: Noel, John (D)
O'Neal, Larry (R )

JUDICIARY

Chairman: Bordeaux, Tom (D) Vice-Chairman: Stuckey-Benfeld, Stephanie (D)
Secretary: Stokes, Jim (D)

Boggs, Mike (D) Bruce, Roger (D) Moratiakis, Nick (D) Oliver, Mary Margaret (D) Stephenson, Pam (D) Thomas, Mable (D) Thompson, Curt (D) Teilhet, Rob (D) Walker, Larry (D)

Campbell, Tom (R ) Crawford, Mack (R ) Dix, Scott (R ) Fleming, Barry (R ) Massey, Warren ( R) O'Neal, Larry (R ) Ralston, David (R ) Willard, Wendell (R )

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JOURNAL OF THE HOUSE

LEGISLATIVE & CONGRESSIONAL REAPPORTIONMENT

Chairman: Hugley, Carolyn (D) Vice-Chairman:Oliver, Mary Margaret (D)
Secretary: Mitchell, Billy (D)

Epps, Carl Von (D) Floyd, Hugh (D) Hanner, Bob (D) Marin, Pedro (D)

Bunn, Barbara (R ) Dix, Scott (R ) Franklin, Bobby (R ) Lewis, Jeff (R ) Yates, John (R )

MARTOC
Chairman: Maddox, George (D)
Ashe, Kathy (D) Noel, John (D) Royal, Richard, (D), ex officio Smith, Tommy (D), ex officio

MOTOR VEHICLES

Chairman: Parham, Bobby (D) Vice-Chairman: Beasley-Teague, Sharon (D)
Secretary: Sailor, Ron (D)

Howell, Lee (D) Powell, Alan (D) Roberts, Lawrence (D)

Dollar, Matt (R ) Reese, Stacey (R ) Rice, Tom (R ) White, Jack (R) Yates, John (R )

NATURAL RESOURCES AND ENVIRONMENT

Chairman: Hanner, Bob (D) Vice-Chairman: McCall, Tom (D)
Secretary: Barnard, Terry (R )

Broome, Hugh (D)

Amerson, Amos ( R)

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Buckner, Debbie (D) Dooley, Pat (D) Drenner, Karla (D) Fludd, Virgil (D) Lord, Jimmy (D) Morris, Greg (D) Noel, John (D) Rogers, Carl (D) Royal, Richard (D) Stokes, Jim (D) Stuckey-Benfeld, Stephanie (D) Twiggs, Ralph (D)

Bridges, Ben ( R) Coleman, Brooks ( R) Cooper, Sharon ( R) Heard, John (R ) Hines, Roger ( R) Jones, Jan (R ) Manning, Judy ( R) Sheldon, Donna (R ) Smith, Lynn (R )
DeLoach, Buddy (I)

Jenkins, Curtis (D) Mobley, Barbara (D)

PUBLIC SAFETY
Chairman: Snow, Mike (D) Vice-Chairman: Boggs, Mike (D)
Secretary: Hill, Victor (D)
Bridges, Ben ( R) Day, Burke (R ) Forster, Ron (R )

PUBLIC UTILITIES

Chairman: Lucas, David (D) Vice-Chairman: Wix, Don (D)
Secretary: Rogers, Carl (D)

Skipper, Jimmy (D) Snow, Mike (D) Stanley-Turner, LaNett (D) Stoner, Doug (D) Williams, Earnest (D)

Brown, Jeff (R) Burkhalter, Mark (R) Forster, Ron (R) Murphy, Jack (R) Parsons, Don (R) Smith, Bob (R)

REGULATED BEVERAGES
Chairman: Epps, Carl Von (D) Vice-Chairman: Jordan, Darryl (D)

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JOURNAL OF THE HOUSE

Secretary: Moraitakis, Nick (D)

Beasley-Teague, Sharon (D)

Golick, Rich (R ) Graves, David (R ) Knox, Tom (R )

RETIREMENT

Chairman: Cummings, Bill (D) Vice-Chairman: Black, Ellis (D) Secretary: Williams, Earnest "Coach" (D)

Brooks, Tyrone (D) Broome, Hugh (D) Dukes, Winfred (D) Jackson, Lester (D) McBee, Louise (D)

Coleman, Brooks (R ) Hines, Roger ( R) Lunsford, John (R ) Maxwell, Howard (R ) Mills, James (R ) Smith, Vance (R )

RULES

Chairman: Smyre, Calvin (D) Vice-Chairman: Orrock, Nan (D) Secretary: Stanley-Turner, LaNett (D)

Birdsong, Ken (D) Bordeaux, Tom (D) Buck, Tom (D) Childers, Buddy (D) Epps, Carl Von (D) Holmes, Bob (D) Lane, Bob (D) Lord, Jimmy (D) Mangham, Randal (D) Parham, Bobby (D) Parrish, Butch (D) Porter, DuBose (D) Randall, Nikki (D) Ray, Robert (D) Shaw, Jay (D) Skipper, Jimmy (D)

Barnard, Terry ( R) Burkhalter, Mark ( R) Campbell, Tom (R ) Dix, Scott (R ) Ehrhart, Earl (R ) Richardson, Glenn (R ) Westmoreland, Lynn (R )

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Stokes, Jim (D) Teper, Doug (D) Walker, Larry (D)

SPECIAL JUDICIARY

Chairman: Jenkins, Curtis (D) Vice-Chairman: Mangham, Randal (D)
Secretary: Thompson, Curt (D)

Heckstall, Joe (D) Hill, Victor (D) Mobley, Barbara (D) Randall, Nikki (D) Watson, Stan (D)

Franklin, Bobby (R ) Joyce, Brian (R ) Knox, Tom (R )

SPECIAL RULES (POLICY)
Chairman: Henson, Michele (D)
Ashe, Kathy (D) Beasley-Teague, Sharon (D) Channell, Mickey (D) James, Lynmore (D) Mosley,Hinson (D) Orrock, Nan (D) Porter, DuBose (D) Shaw, Jay (D) Skipper, Jimmy (D) Smyre, Calvin (D) Stanley-Turner, LaNett (D)

Dean, Douglas, (D) Howell, Lee (D)

STATE INSTITUTIONS & PROPERTY
Chairman: Greene, Gerald (D) Vice-Chairman: Sholar, Wallace (D)
Secretary: Buckner, Debbie (D)
Butler, Mark (R ) Douglas, John (R )

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Hudson, Sistie (D) Reece, Barbara (D) Stephens, Mickey (D) Williams, Al (D)

JOURNAL OF THE HOUSE
Golick, Rich (R ) Hill, Calvin (R ) Joyce, Brian (R ) Maxwell, Howard ( R) Ralston, David (R )

STATE PLANNING & COMMUNITY AFFAIRS

Chairman: Smith, Tommy (D) Vice-Chairman: Heckstall, Joe (D)
Secretary: Floyd, Hugh (D)

Howard, Henry (D) Mitchell, Billy (D) Mosby, Howard (D) Oliver, Bert (D) Royal, Richard (D) Sholar, Wallace (D) Sims, Chuck (D)

Brock, Craig (R ) Dollar, Matt (R ) Fleming, Barry (R ) Roberts, Jay (R ) Rogers, Chip (R ) Rynders, Ed (R ) Smith, Lynn (R ) Willard, Wendell (R )

Barnes, Mike (D) Birdsong, Ken (D) Floyd, Johnny (D) McCall, Tom (D) Murphy, Quincy (D) Noel, John (D) Smith, Paul (D)

TRANSPORTATION
Chairman: Twiggs, Ralph (D) Vice-Chairman: Channell, Mickey (D)
Secretary: Mosley, Hinson (D)
Burmeister, Sue ( R) Fleming, Barry (R ) Graves, Tom (R ) Hill, Calvin (R ) Hill, Cecily (R ) Maxwell, Howard (R ) Smith, Vance ( R) Stephens, Ron (R )

WAYS & MEANS
Chairman: Royal, Richard (D) Vice-Chairman: Sims, Chuck (D)
Secretary: Borders, Ron (D)

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Ashe, Kathy (D) Buck, Tom (D), ex officio Channell, Mickey (D), ex officio Cummings, Bill (D) Dodson, Ron (D) Heard, Keith (D) Jamieson, Jeanette (D) Orrock, Nan (D), ex officio Sholar, Wallace (D) Stanley-Turner, LaNett (D) Wix, Don (D)

Day, Burke (R ) Graves, David (R ) Keen, Jerry (R ), ex officio Richardson, Glenn (R ) Scott, Austin (R ) Williams, Roger (R )

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

HB 123. By Representatives Day of the 126th, Stephens of the 123rd, Keen of the 146th and DeLoach of the 127th:
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 up to $75,000.00 of the assessed value of recreational boats; and for other purposes.

Referred to the Committee on Ways & Means.

HB 124. By Representatives Epps of the 90th, Stanley-Turner of the 43rd, Post 2, Jordan of the 83rd, Walker of the 115th, Thomas of the 43rd, Post 1 and others:
A BILL to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so as to change certain provisions relating to persons not to be licensed; to require a course of driver education for certain applicants for drivers' licenses; to allow public schools to offer such courses over the summer and to charge for them; and for other purposes.

Referred to the Committee on Motor Vehicles.

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JOURNAL OF THE HOUSE

HB 125. By Representatives Mobley of the 58th, Dean of the 49th, DeLoach of the 127th, Houston of the 139th and Hudson of the 95th:
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 suspension or revocation of the licenses of habitually negligent or dangerous drivers and the point system; to change certain provisions relating to drivers' exercise of due care and proper use of radios and mobile telephones; to prohibit certain use of mobile telephones; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 126. By Representatives Mobley of the 58th, Mangham of the 62nd and Marin of the 66th:
A BILL to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to definitions relative to motor vehicle drivers' licenses, so as to change certain provisions relating to the definition of "resident"; to provide for other identification to be included in applications for drivers' licenses; to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the Child Support Recovery Act, so as to provide that an applicant for a driver's license may provide other forms of identification to the Department of Motor Vehicle Safety; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 127. By Representatives Buckner of the 82nd, Noel of the 44th, Drenner of the 57th, Dodson of the 84th, Post 1, Barnes of the 84th, Post 2 and others:
A BILL to amend Chapter 50 of the Official Code of Georgia Annotated, relating to state government, so as to require the design, construction, and maintenance of certain buildings and sites of certain buildings be in compliance with Leadership in Energy and Environmental Design Green Building Rating System standards to the extent practicable; and for other purposes.

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Referred to the Committee on Governmental Affairs.

HB 128. By Representative Holmes of the 48th, Post 1:
A BILL to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to permit absentee voting without qualification during a certain period preceding an election or primary provided the elector shows proper identification; to provide for definitions; to define the open absentee voting period; to provide that the registrar's and absentee ballot clerk's offices shall be open for extended hours during the open absentee voting period; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 129. By Representatives Holmes of the 48th, Post 1, Mobley of the 58th, Orrock of the 51st, Epps of the 90th, Brooks of the 47th and others:
A BILL to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment, so as to enact the "Georgia Racial Justice Act"; to provide a short title; to prohibit the execution of the death sentence for any person if the sentence was imposed based on race; to provide for establishing an inference that race was the basis of a death sentence; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 130. By Representatives Holmes of the 48th, Post 1 and Orrock of the 51st:
A BILL to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide a short title; to provide for legislative intent and findings; to provide for definitions; to create the Georgia health care corporation; and for other purposes.

Referred to the Committee on Appropriations.

152

JOURNAL OF THE HOUSE

HB 131. By Representatives Holmes of the 48th, Post 1 and Orrock of the 51st:
A BILL to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to abatement of nuisances, so as to enact "The Georgia Neighborhood Protection Act"; to provide for legislative findings; to provide definitions; to provide for a cause of action for an owner of property adversely impacted by the pollution, impairment, or destruction of natural resources due to the use of an adjacent property; and for other purposes.

Referred to the Committee on Judiciary.

HB 132. By Representatives Beasley-Teague of the 48th, Post 2, Brooks of the 47th, Mobley of the 58th and Powell of the 23rd:
A BILL to amend Code Section 20-2-736 of the Official Code of Georgia Annotated, relating to student codes of conduct, distribution, disciplinary action for violations, and parental involvement, so as to require local boards of education to discipline students by first requiring completion of a designated project after regular school hours or on Saturday; and for other purposes.

Referred to the Committee on Education.

HB 133. By Representatives Fludd of the 48th, Post 4, Skipper of the 116th, Porter of the 119th and Bruce of the 45th:
A BILL to amend Article 4 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the disposition of surplus state property, so as to provide that disposal methods may include electronic bidding and sale; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 134. By Representative Buck of the 112th:
A BILL to amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to bingo rules and regulations, so as to change the

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maximum amounts which may be awarded as prizes; and for other purposes.

Referred to the Committee on Special Judiciary.

HR 48.

By Representatives Buckner of the 82nd, Harbin of the 80th, Barnard of the 121st, Post 1 and Manning of the 32nd:
A RESOLUTION creating the House Special Grants Study Committee; and for other purposes.

Referred to the Committee on Rules.

HR 50.

By Representatives Wix of the 33rd, Post 1 and Teper of the 42nd, Post 1:
A RESOLUTION urging national support for the State of Israel and declaring the support of the State of Georgia; and for other purposes.

Referred to the Committee on Rules.

HR 51.

By Representatives Hines of the 35th, Jamieson of the 22nd, Porter of the 119th, Casas of the 68th and Coleman of the 65th:
A RESOLUTION creating the House Study Committee on Uniform High School Grading; and for other purposes.

Referred to the Committee on Rules.

HR 52.

By Representatives Holmes of the 48th, Post 1, Bruce of the 45th, Orrock of the 51st, Wilkinson of the 41st, Willard of the 40th and others:
A RESOLUTION to create the Joint Mold Standards Study Committee; and for other purposes.

Referred to the Committee on Rules.

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HR 53.

By Representatives Beasley-Teague of the 48th, Post 2, Brooks of the 47th, Sinkfield of the 50th and Bruce of the 45th:
A RESOLUTION creating the House Study Committee on Penalties for Driving Under the Influence Offenses; and for other purposes.

Referred to the Committee on Rules.

HR 54.

By Representatives Beasley-Teague of the 48th, Post 2, Brooks of the 47th, Sinkfield of the 50th and Bruce of the 45th:
A RESOLUTION creating the House Study Committee on Establishing a Family Day; and for other purposes.

Referred to the Committee on Rules.

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

HB 25 HB 33 HB 103 HB 104 HB 105 HB 106 HB 107 HB 108 HB 109 HB 110 HB 111 HB 112 HB 113

HB 114 HB 115 HB 116 HB 117 HB 118 HB 119 HB 120 HB 121 HB 122 HR 43 HR 44 HR 45

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

HB 113. By Representatives Day of the 126th, Snow of the 1st, Stephens of the 123rd, Roberts of the 131st and Powell of the 23rd:

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A BILL to amend Code Section 16-11-126 of the Official Code of Georgia Annotated, relating to the offense of carrying a concealed weapon, so as to provide that the provisions of said Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Birdsong of the 104th moved that the following Bill of the House be engrossed:

HB 116. By Representatives Birdsong of the 104th, Royal of the 140th, Skipper of the 116th, Buck of the 112th, Smyre of the 111th and others:
A BILL to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of taxable net income for income tax purposes, so as to increase the amount of retirement income exclusion; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Birdsong of the 104th moved that the following Bill of the House be engrossed:

HB 118. By Representatives Birdsong of the 104th, Skipper of the 116th, Buck of the 112th, Smyre of the 111th, Royal of the 140th and others:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide that military income received by a taxpayer who is a member of the national guard or any reserve component of the armed forces of the United States called to active duty shall not be subject to state income tax; and for other purposes.

The motion prevailed.

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

HR 55.

By Representative Gardner of the 42nd, Post 3:
A RESOLUTION commending Kyle Pease and inviting him to appear before the House of Representatives; and for other purposes.

HR 56.

By Representatives Ray of the 108th, Royal of the 140th, Black of the 144th and James of the 114th:
A RESOLUTION recognizing and commending the Georgia Farm Bureau Federation and inviting its president to appear before the House of Representatives; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 57.

By Representatives Purcell of the 122nd and Stephens of the 123rd:
A RESOLUTION recognizing "Effingham County Day"; and for other purposes.

HR 58.

By Representatives Purcell of the 122nd and Stephens of the 123rd:
A RESOLUTION commending Phillip E. King of Effingham County; and for other purposes.

HR 59.

By Representatives Maxwell of the 27th, Richardson of the 26th and Heath of the 18th:
A RESOLUTION expressing regret at the loss of the Dallas First Baptist Church; and for other purposes.

HR 60. By Representatives Heath of the 18th, Westmoreland of the 86th, Keen of the 146th, Cooper of the 30th and Massey of the 24th:

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A RESOLUTION recognizing former Speaker of the House Thomas B. Murphy; and for other purposes.

HR 61.

By Representatives Marin of the 66th, Coleman of the 118th, Porter of the 119th, Westmoreland of the 86th and Forster of the 3rd, Post 1:
A RESOLUTION recognizing Boy Scout Week in conjunction with the 93rd anniversary of the Boy Scouts of America; and for other purposes.

HR 62.

By Representative Hill of the 16th: A RESOLUTION commending Josh Sumrell; and for other purposes.

HR 63.

By Representatives Beasley-Teague of the 48th, Post 2, Brooks of the 47th, Sinkfield of the 50th, Bruce of the 45th and Holmes of the 48th, Post 1:
A RESOLUTION recognizing District 48 Legislative Day at the Capitol on February 20,2003; and for other purposes.

Representative Holmes of the 48th, Post 1 arose to a point of personal privilege and addressed the House.

Representative Joyce of the 2nd arose to a point of personal privilege and addressed the House.

Representative Wix of the 33rd, Post 1 arose to a point of personal privilege and addressed the House.

Representative Westmoreland of the 86th arose to a point of personal privilege and addressed the House.

Representative Birdsong of the 104th arose to a point of personal privilege and addressed the House.

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Representative Sims of the 130th arose to a point of personal privilege and addressed the House.

Representative Mosley of the 129th, Post 1 arose to a point of personal privilege and addressed the House.

The following communications were received:

House of Representatives Atlanta
January 23, 2003

Mrs. Robyn Underwood Legislative Fiscal Office 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:
Pursuant to Code 28-5-5, I am this date appointing the following members to BROC for this legislative year:
Tom Buck, Vice Chair Butch Parrish, Secretary
Ralph Twiggs Calvin Smyre Mickey Channel Nan Orrock
The above BROC members will serve until new appointments are made. Thank you for your assistance.
Sincerely,
/s/ Terry Coleman
cc: Honorable Sonny Perdue, Governor of Georgia Honorable Mark Taylor, Lt. Governor

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Honorable Cathy Cox, Secretary of State Honorable Thurbert Baker, Attorney General Mr. Robert Rivers, Clerk of the House Mr. Frank Eldridge, Secretary of Senate Mr. Sewell Brumby, Legislative Counsel Mrs. Robyn Underwood, Legislative Fiscal Officer Mr. Russell Hinton, State Auditor Mr. Kevin Fillon, BROC Director Mr. Patrick Moore, Governor's Office House Information Office House Research Office Honorable Calvin Smyre Honorable Butch Parrish Honorable Tom Buck Honorable Nan Orrock Honorable Ralph Twiggs Honorable Mickey Channel

Legislative Services Committee
Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334
January 24, 2003

TO:

MEMBERS OF THE GENERAL ASSEMBLY

FROM THE THIRTEENTH CONGRESSIONAL DISTRICT

RE:

CAUCUS TO ELECT THIRTEENTH DISTRICT STATE

TRANSPORTATION BOARD MEMBER

Pursuant to the provisions of O.C.G.A. Section 32-2-20, the caucus for the purpose of electing the member of the State Transportation Board from the Thirteenth Congressional District met on January 23, 2003, and recessed. The caucus will reconvene on Tuesday, January 28, 2003, at 4:00 P.M., in the Senate Chamber, State Capitol Building, Atlanta, Georgia.

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

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partly embraced within the Thirteenth Congressional District are eligible to participate in said caucus.
Sincerely,
/s/ Sewell R. Brumby Legislative Counsel
SRB:df

The Speaker announced the House in recess until 7:00 o'clock this evening.

EVENING SESSION

The Speaker called the House to order.

The hour of convening the Joint Session pursuant to SR 20 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Governor, was called to order by the President of the Senate, Lieutenant Governor Mark Taylor.

The Resolution calling for the Joint Session was read.

Accompanied by the Committee of Escort and other distinguished guests, His Excellency, Governor Sonny Perdue, appeared upon the floor of the House and delivered the following address:

Lieutenant Governor Taylor, Speaker Coleman, Members of the General Assembly -- and especially my wonderful wife Mary, without whose love and support I would not be here today.
My fellow Georgians, tonight I am honored to come before you to report on the state of our great state.
We gather at a moment of dramatic changes in Georgia. Changes in how we work, in how we live, and in how we are governed.

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Tonight is the first time any of us--myself included--has heard a Republican Governor give a State of the State address.
And this General Assembly is a different body than the one I left just over a year ago. Today we are truly a two-party state, with shared representation in the legislature and shared responsibility for governing.
The mandate I heard on November 5th was that Democrats and Republicans must now work together for the benefit of Georgia.
These political changes may be upsetting to some, exciting to others, but they merely reflect bigger changes in our state as a whole.
Our population has more than doubled since 1960, and it has grown increasingly diverse. Those of us born in Georgia have welcomed millions of new neighbors over the years.
These new Georgians have come to get an education, to find jobs and to start businesses. They've come to raise families and to retire. They've come because anyone who looks can plainly see what a blessing it is to live in Georgia.
We are truly blessed. You can see that however you travel across Georgia, but I think you get a special perspective when you fly.
One of my great joys in life is being a pilot.
There is a great sense of freedom in soaring through the sky. You get a different perspective up there. Seeing things that aren't so apparent from the ground.
There is also great responsibility that goes with piloting a plane--concern for proper maintenance and safe operation, the comfort of your passengers, and being prepared for any emergency.
In preparing my remarks for tonight, I thought about this new flight our state is taking together, all 8.5 million of us. It is a flight of opportunity that brings with it much responsibility for deciding our state's future.
We've got a new pilot in the cockpit ... your governor.
We've got a craft that has always been dependable.
But it does need a tune-up.
And we're short on fuel right now, so we've got to fly smart, efficiently and effectively to

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reach our destination.
The weather is uncertain. The skies are still full of dark economic clouds. We'll have a bumpy ride for a while.
But Georgians, let me be clear--we will chart our course carefully.
We will keep a steady hand on the stick.
And we will soar to new heights of accomplishment in Georgia.
A growing population has brought many changes to our state. But whether they were born in New York or New Delhi, people choose to become Georgians because of those things about our state that will never change.
Like our core values of faith, family and freedom. The way we stick together when times are tough and look out for each other when danger threatens.
The greatness of Georgia is, and will always be, in our people. In our optimism, our patriotism, our enterprise, our compassion for one another.
Sustained by those qualities, the Georgia family can overcome any challenge we face. Georgia is strongest where it counts the most--in the collective character and spirit of our people.
And that is what will lift us up, whatever storms we meet.
Flying is in many ways an exercise in trust. And so is governing.
Throughout my campaign last year, I told the citizens of Georgia that if they'd give me the opportunity to pilot our state I'd make them proud.
I promised to work every day to restore public trust in government and to make state government more responsive to the public voice.
Why is trust so important to me ... and to Georgians?
The answer is simple--trust is the cornerstone of our society.
From individuals -- to a family -- to a nation, no order can be maintained, and no progress can be sustained without trust.
But trust is especially at the heart of our society--a free society.

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Trust in our fellow citizens. Trust in the integrity of our elections. Trust in the leaders we choose.
Trust has to be earned.
And trust is a two-way street.
For the people to trust their government, the government must trust in the people. That shouldn't be so hard.
We are stewards of that public trust and we will be held accountable for our stewardship. That is my guiding principle as Governor.
That is why on day one, I issued a strong executive order setting forth high standards of ethical conduct for my administration, with strict rules on conflicts of interest, gifts, and lobbying.
That is why I will submit legislation tomorrow to the General Assembly that will permanently extend these high ethical standards to all of state government ...
And that is why on behalf of Georgians, I urge the House and Senate to pass these ethics reform bills swiftly and decisively.
We will continue changing the culture of state government to be truly principlecentered...people-focused ...customer-friendly ...and dedicated to earning the people's trust every day.
The most fundamental way the people express their trust is in the voting booth. The citizens of Georgia are entitled to elect representatives who truly reflect their communities' values and speak for their communities' interests.
We must align our districts with democratic principles, not partisan politics.
These principles are clear and simple.
First -- the law of the land must be obeyed.
Second -- counties, precincts, and communities of interest should remain intact.
And why should partisan political data even be part of the process? Elections should be about the future, not the past.
With that in mind, I have asked Attorney General Baker to withdraw the state's appeal

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before the U.S. Supreme Court. The challenges of redistricting should be addressed at home, by Georgians, in Georgia's legislature.
Working with my floor leaders, we will be introducing legislation highlighting the principles I have just outlined.
Lieutenant Governor Taylor, Speaker Coleman, Senator Johnson and every member of the General Assembly, I am asking--and Georgians are expecting--this legislation to pass.
But it goes beyond this one issue. Georgians expect bills important to them to be openly and fully debated and voted upon in the light of day, not quietly and cowardly buried in the tombs we call committees.
The will of a powerful few should never be substituted for the will of the people.
I have been listening to Georgians for over a year and I didn't need a poll to tell me that over two-thirds of Georgians want an opportunity to vote on the symbol that represents our state.
Rather than the shouts of distrust that divide us, let us tear down the walls that separate us
The debate over what symbol will represent us has divided our state and continues to divide our state.
As I have said many times during the last year, to begin a new day in Georgia we must have a healing process.
That process begins with giving the people a say--a voice--a vote on the symbol that represents them.
We owe it to the people to choose that symbol through an open and democratic process.
I'm willing to trust the people of Georgia to make the best decision for Georgia, and I trust you are too.
Let us decide ... and let us move forward.
Georgians know our greatest challenges are ahead and we've still got those dark clouds to face.
Economic recovery and job creation are fundamental to the continued success of our state.

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Georgia is experiencing, along with the entire nation, the effects of a recession.
We have gone from leading the nation in job creation to leading the nation in job loss. Some of our major industries were hardest hit--such as aviation, hospitality, construction and information technology.
We don't know yet how much our state economy will recover this year. We do know it won't be as much as we'd like.
The headwinds we've battled have slowed our economy and our people are feeling the pain.
The effect on our state government has been a record two straight years of declining state revenues and budget shortfalls. That hasn't happened since the Great Depression. No modern governor has ever faced such a budget crisis.
The word crisis has an ominous tone. But in Chinese the word for crisis is written with two symbols--the first stands for danger, but the second stands for opportunity.
Let us focus on the latter.
As we are well aware, we're short $620 million in the current fiscal year alone.
When I submitted my budget, I said I would work with the House and Senate as partners to come up with a final plan that meets the human needs of our state while doing everything we could to hold the line on taxes. I committed to you that we would keep working to find monies to offset taxes.
Given additional time to study our options, I am proud to report to you that we have identified an additional $285 million that will allow us to fully fund the homestead exemption for 2003 property tax bills without taking away from education, health care and other critical needs.
But let me be clear-- this is a one time thing going forward, we have to fund this homestead exemption program in straightforward manner that pays for it out of General Budget funds each year.
We can never again be so irresponsible in leading the public to expect that ongoing programs will be funded based on surpluses. Continuing programs must be funded in the General Budget.
And I assure you, we're going to keep looking for more savings and more cuts in this budget. Last week I met with all of our department and agency heads asking them to

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continue looking for ways to cut spending.
Today I sent them a letter challenging them to come back to me with those ideas.
President Ronald Reagan once said balancing the budget is like protecting your virtue-- you just have to learn to say no.
This process has only started and I look forward to working with the House and Senate to produce a budget we can all be proud of.
We know the dark clouds are here, but let's talk about how we can break through them to blue skies again.
How do we get our economy moving forward again in the near term--and how do we strengthen our economy to build greater prosperity and greater opportunity for Georgians in the future.
We've been fortunate over the last twenty years to have a fast-growing economy.
We've worked hard to attract new businesses to Georgia.
The growth we've enjoyed until now has been good for Georgia, but it is no longer enough to simply put out the welcome mat.
Georgia's economy, along with the national and world economy, is changing.
Knowledge is the new economic fuel, not physical labor. It is the essential ingredient for success in this information age.
Providing all our citizens with the knowledge, skills and training they need to compete in the information economy is the best economic development plan we can have.
Education and workforce training will prepare our people for the jobs.
We will continue to welcome outside companies relocating to Georgia. However, to achieve real leadership we have to grow our own companies and develop our own industries, based on our own innovations.
I see our state developing homegrown industries with global reach.
We need to ensure that the world knows that the "Open for Business" sign is out in Georgia.

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Whether in communications, medical sciences, logistics or agricultural technology, let's raise our aim--not just to be a player, but a winner.
I want the world to beat a path to Georgia's door. I want companies from around the world bidding to license the best innovations and latest technological breakthroughs from Georgia universities, companies and research centers.
To make that happen, I'm undertaking a comprehensive review of our tax policies and our state regulations with an eye toward reforming them to encourage, not frustrate, entrepreneurship in our state.
Georgia's reputation should be of a place where the government gets out of the way and lets the natural genius of our people create, build and grow our state.
Maintaining a high quality of life is essential to that vision.
To attract and keep the innovators and knowledge workers we need -- we must nurture and improve the conditions that make Georgia a great place to live, work and raise families.
When I fly over our state looking down on beautiful green mountaintops, sandy golden beaches and gently flowing rivers it is easy to see why we must so jealously guard our natural resources.
They are our crown jewels. We have been truly blessed with God's beauty and our natural environment is one our most valuable resources. I am committed to being a faithful steward of those resources.
That includes stewardship of our state's water.
I promised you I would do my absolute best to bring an end to a 13-year negotiation between Georgia, Florida and Alabama on water allocation.
I have invited the Governors of Florida and Alabama to sit down with me face-to-face, leader-to-leader in a spirit of cooperation and resolve so that we can come to closure on these issues.
Yes, we have an obligation to protect our natural resources.
But we have an even higher obligation to protect an even more precious resource--our children.
Tonight I have invited a number of Georgians to sit with the First Lady in the gallery.

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They include educators, law enforcement, and family members of our brave men and women in uniform who are deployed overseas right now defending America's freedom.
But there is one chair that remains empty.
That chair represents the invisible children of Georgia.
The more than 14,000 children in foster homes and state custody.
I've said it before and I'll keep saying it: Mary and I believe we have a moral obligation to ensure that these children are not just cases in a file.
These children are members of Georgia's family.
They have faces, hopes and dreams, like all of our children.
It is our responsibility to nurture them, protect them, and prepare them for the future.
Children in state custody, like all of our children, deserve a quality education.
That's why we have devoted 55% of our state budget to education, and that commitment shows.
The foundation of our education system is K-12. And that foundation does have some cracks we need to mend.
We have strong bookends in place, bracketing the K-12 system.
Two solid pillars of our commitment to education are two of the nation's most innovative education programs: The Pre-kindergarten program and HOPE college scholarships.
I will protect these programs. I have already proposed that in the future Georgia Lottery funds be reserved for these two programs alone. These are two great Georgia success stories that lay the foundation for many successes to come.
But despite these strengths, Georgia's education system is not what it should be.
The National Assessment of Education Progress is the nation's education report card. It shows Georgia is behind the national average on reading, writing, math, and science.
For each of those subjects more than 50% of Georgia children are below the proficient level.

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Georgia also has one of the lowest high school graduation rates in the nation.
And, to our shame, we rank 50th in SAT scores.
We can sum up our report card in two words: "Needs improvement."
To improve our educational performance, I will work in the areas of accountability, cooperation, and respect.
We have a good start on accountability, with a system setting high standards and high expectations for our schools.
But we need to build on and improve the Georgia system. In consultation with parents, teachers, and local educators, we'll do just that.
We've set high goals. To reach them, everyone involved in the education process must work together.
To improve the level of cooperation, we're going to put the Department of Education back together.
We'll place the Office of Accountability back in the Department, but reporting to the State Board of Education, similar to a corporate audit function.
We'll also work to reconstitute other educational functions back into the Department of Education so that local school officials no longer have to thumb through the Yellow Pages to know who to call for the answers they need.
I, along with our Board of Education, will work in concert with Superintendent Cox so that Georgia's education team is operating from the same lesson plan.
This spirit of cooperation extends especially to our teachers and local educators. I am personally committed to including them in our policy-making process.
I want the teachers of this state to know that I respect your hard work and your commitment. You are vitally important to the education process and I will do everything in my power to help you do your jobs better.
That includes greater control over your classroom -- the power to remove disruptive students who aren't ready to learn -- so you can focus your efforts on teaching those students who are.
While 57% of our teachers have earned pay raises this year, we simply can't afford to

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give an across the board cost-of-living increase for everyone right now. It is less than we want to do for our teachers. But when our budget situation improves, we will give our teachers a raise.
The state of our state is still good ... but it can be better.
We can restore the people's trust and confidence in their government ... and the government's respect for the people we serve.
We can meet the challenges of a changing economy, build on Georgia's strengths, and propel our state to the forefront.
We can preserve our state's natural beauty and improve the quality of life for our citizens.
And we can maintain our commitment to education and prepare our citizens to succeed in the global economy.
Those are our responsibilities as we pilot Georgia into the future.
It won't be easy.
But remaining on the ground is not an option.
The tower has cleared us for take-off and it is time to buckle up and go.
Those dark clouds may threaten, but they won't stop us.
And when we break through into the sunlight again...
We'll look, from the ocean to the far horizon, and see below us, sparkling like a jewel beneath the clean blue sky, the new Georgia that we've made.
Bustling with enterprise and opportunity. Rich with new ideas and new faces. Ringing with children's laughter. Bright with promise fulfilled.
Safe, educated, healthy and growing stronger every day.
That is what awaits us. That's our destination.
And we'll reach it together.
It is time for Georgia to take wing and fly higher and farther than we've ever flown before.

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Thank you. God bless you--and God bless Georgia.

Senator Price of the 56th moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The President of the Senate, Lieutenant Governor Mark Taylor, announced the Joint Session dissolved.

The Speaker called the House to order.

The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia Tuesday, January 28, 2003

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

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

Amerson Anderson Ashe Bannister Barnard Barnes E Beasley-Teague Benfield Birdsong Black Boggs Bordeaux Borders Bridges Brock Brooks Broome Brown Bruce Buck Buckner, D Buckner, G Bunn Burkhalter Burmeister Butler Campbell Casas Chambers Channell

Childers Coleman, B Cooper Crawford Cummings Day Deloach Dodson Dollar Dooley Douglas Drenner Dukes Ehrhart E Elrod Epps Fleming Floyd, H Fludd Forster Franklin Gardner Graves, D Graves, T Greene Greene-Johnson Hanner Harbin Harper Heard, J

Heard, K Heath Hill, C Hill, C.A Hill, V Hines Howard Howell Hugley Jackson James Jamieson Jones Jordan Joyce Keen Knox Lane Lewis Lord Manning Marin Martin Massey Maxwell McBee McCall Millar Mills Mitchell

E Mobley Moraitakis Mosby Mosley Murphy, J Murphy, Q Noel Oliver, B Oliver, M O'Neal Orrock Parham Parrish Parsons Porter Purcell Ralston Randall Ray Reece, B Reece, S Rice Richardson Roberts, J Roberts, L Rogers, Ch. Royal Rynders Scott Shaw

Sheldon Sholar Skipper Smith, B Smith, L Smith, P Smith, T Smith, V Snow Stanley-Turner Stephenson Stokes Stoner Teilhet Teper Thomas, A Thompson Twiggs Walker, L Warren Watson Westmoreland White Wilkinson Willard Williams, A Williams, E Williams, R Yates Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Dean of the 49th, Floyd of the 132nd, Golick of the 34th, Post 3, Harrell of the 54th, Heckstall of the 48th, Post 3, Hembree of the 46th, Henson of the 55th, Houston of the 139th, Jenkins of the 93rd, Lucas of the 105th, Lunsford of the 85th, Post 2, Maddox of the 59th, Post 2, Mangham of the 62nd, McClinton of the 59th, Post 1, Powell of the 23rd, Rogers of the 20th, Sims of the 130th, Sinkfield of the 50th, Stephens of the 123rd, Stephens of the 124th, Post 2, Thomas of the 43rd, Post 1, Walker of the

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71st, Post 1, and Wix of the 33rd, Post 1. They wish to be recorded as present.

Prayer was offered by the Reverend Wyman Lewis Richardson, Pastor, First Baptist Church, Dawson, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

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

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

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HB 23.

By Representatives Walker of the 71st, Post 1 and Mills of the 67th, Post 2:
A BILL to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against health and morals, so as to provide for a short title; to provide for definitions; to require that a female give her informed consent prior to an abortion; and for other purposes.

Referred to the Committee on Judiciary.

HB 135. By Representatives Day of the 126th and Stephens of the 123rd:
A BILL to amend Part 1 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent sales and use tax, so as to authorize use and expenditure of tax proceeds for the maintenance and repairs of certain capital outlay projects; and for other purposes.

Referred to the Committee on Ways & Means.

HB 136. By Representatives Wilkinson of the 41st and Willard of the 40th:
A BILL to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, so as to change the time in which certain minimum distance requirements apply; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 137. By Representatives Day of the 126th and Stephens of the 123rd:
A BILL to amend Code Section 48-2-35 of the Official Code of Georgia Annotated, relating to refunds, so as to change certain provisions regarding the rate of interest to be paid; and for other purposes.

Referred to the Committee on Ways & Means.

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HB 138. By Representatives Day of the 126th and Stephens of the 123rd:
A BILL to amend Code Section 48-5-72 of the Official Code of Georgia Annotated, relating to homestead tax deferral for senior citizens, so as to increase the amount of ad valorem taxes subject to such deferral; and for other purposes.

Referred to the Committee on Ways & Means.

HB 139. By Representatives Casas of the 68th, Marin of the 66th, Chambers of the 53rd, Keen of the 146th and Harrell of the 54th:
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 other identification to be included in applications for drivers' licenses; to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the Child Support Recovery Act, so as to provide that an applicant for a driver's license may provide other forms of identification to the Department of Motor Vehicle Safety; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 140. By Representatives Buck of the 112th, Boggs of the 145th, Coleman of the 118th, Jenkins of the 93rd and Snow of the 1st:
A BILL to amend Code Section 35-3-36 of the Official Code of Georgia Annotated, relating to duties of state criminal justice agencies as to submission of fingerprints, photographs, and other identifying data to the Georgia Crime Information Center, so as to limit data on outstanding warrants to certain offenses; and for other purposes.

Referred to the Committee on Public Safety.

HB 141. By Representative Stephens of the 123rd: A BILL to amend Code Section 48-8-3 of the Official Code of Georgia

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Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales of certain chemicals, compounds, or substances used in pollution treatment or control; and for other purposes.

Referred to the Committee on Ways & Means.

HB 142. By Representatives Floyd of the 132nd, Shaw of the 143rd, Parrish of the 102nd, Royal of the 140th, Channell of the 77th and others:
A BILL to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to amend the "Georgia Fair Lending Act"; to provide for revisions to certain definitions; to provide for changes in limitations on late payment charges; to specify when a reasonable, tangible net benefit occurs; to provide for reasonable attorney's fees; to provide for certain exceptions and limitations consistent with federal law; to provide the Department of Banking and Finance with express authority to promulgate rules and regulations; and for other purposes.

Referred to the Committee on Banks and Banking.

HB 143. By Representatives Day of the 126th and Stephens of the 123rd:
A BILL to amend Code Section 42-5-53 of the Official Code of Georgia Annotated, relating to establishment of county correctional institutions, so as to change certain provisions regarding payments to counties operating correctional institutions to which state prisoners are assigned; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 144. By Representatives Marin of the 66th, Floyd of the 69th, Post 2, Thompson of the 69th, Post 1, Coan of the 67th, Post 1, Casas of the 68th and others:
A BILL to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for use of inmate labor to remove certain graffiti from private property as a form of compensation to

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innocent victims of criminal trespass or criminal damage to property in the second degree; to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to change certain provisions relating to use of inmates for private gain; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 145. By Representatives Gardner of the 42nd, Post 3, Harbin of the 80th, Moraitakis of the 42nd, Post 4, Henson of the 55th and Maddox of the 59th, Post 2:
A BILL to amend Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations, so as to include services for mental disorders in point-of-service options in health benefit plan coverage through a health maintenance organization; and for other purposes.

Referred to the Committee on Insurance.

HB 146. By Representative Birdsong of the 104th:
A BILL to amend Chapter 6A of Title 7 of the Official Code of Georgia Annotated, relating to the "Georgia Fair Lending Act," so as to exclude funding fees paid for loans made under any of the home loan programs of the United States Department of Veterans Affairs; and for other purposes.

Referred to the Committee on Banks and Banking.

HB 147. By Representatives Ray of the 108th, Royal of the 140th, Black of the 144th and James of the 114th:
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.

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1/27/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 147. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Ray District 108

Referred to the Committee on State Planning & Community Affairs.

HB 148. By Representatives Ray of the 108th, Royal of the 140th, Black of the 144th and James of the 114th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale or use of liquefied petroleum gas or other fuel used for certain horticultural purposes; and for other purposes.

1/27/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 148. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Ray District 108

Referred to the Committee on Ways & Means.

HB 149. By Representatives Ehrhart of the 28th, Scott of the 138th, Sholar of the 141st, Post 1 and Smith of the 87th:

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A BILL to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to change certain provisions relating to child support in final verdict or decree, computation of award, guidelines for determining amount of award, continuation of duty to provide support, and duration of support; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 150. By Representatives Wilkinson of the 41st and Willard of the 40th:
A BILL to incorporate the City of Sandy Springs in Fulton County; to provide for a charter for the City of Sandy Springs; and for other purposes.

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

HB 151. By Representatives Wilkinson of the 41st and Willard of the 40th:
A BILL to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipalities, so as to provide for legislative findings and authority; to provide for the creation of municipal charter commissions; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 152. By Representatives Reece of the 11th, Childers of the 13th, Post 1 and Morris of the 120th:
A BILL to amend Code Section 35-8-3 of the Official Code of Georgia Annotated, relating to establishment of the Georgia Peace Officer Standards and Training Council, so as to change the provisions relating to membership of said council; and for other purposes.

Referred to the Committee on Public Safety.

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HB 153. By Representative Noel of the 44th:
A BILL to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, related to issuance, expiration, and renewal of drivers' licenses, so as to provide for pedestrian safety procedures to be covered on the driver's examination and to be included in any manual prepared in preparation for such examination; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 154. By Representative Noel of the 44th:
A BILL to amend Code Section 3-6-32 of the Official Code of Georgia Annotated, relating to the shipment of wine by a winery to consumers in this state, so as to provide that consumers may purchase wine electronically by means of Internet communications; and for other purposes.

Referred to the Committee on Regulated Beverages.

HB 155. By Representatives Day of the 126th and Stephens of the 123rd:
A BILL to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to provide that certain campaign contributions shall disqualify persons from consideration for appointment to judgeships; and for other purposes.

Referred to the Committee on Rules.

HB 156. By Representatives Day of the 126th and Stephens of the 123rd:
A BILL to amend Part 1 of Aritcle 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem tax exemptions, so as to provide for an exemption for all tangible personal property consisting of inventory of a business taxpayer; and for other purposes.

Referred to the Committee on Ways & Means.

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HB 157. By Representatives Day of the 126th and Stephens of the 123rd:
A BILL to amend Part 6 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal management, so as to reestablish or continue such provisions until July 1, 2009; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 158. By Representatives Day of the 126th and Stephens of the 123rd:
A BILL to amend Code Section 3-2-30 of the Official Code of Georgia Annotated, relating to the powers and duties of special agents and enforcement officers of the Department of Revenue, so as to provide that certain special agents and enforcement officers of said department who leave such department as a result of a disability arising in the line of duty may retain their weapons and badges upon leaving the department; to amend Code Section 27-1-16 of the Official Code of Georgia Annotated, relating to the establishment of a unit of conservation rangers within the Department of Natural Resources; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies; to amend Code Section 48-11-19 of the Official Code of Georgia Annotated; and for other purposes.

Referred to the Committee on Public Safety.

HB 159. By Representatives Day of the 126th and Stephens of the 123rd:
A BILL to amend Article 1 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Audits and Accounts, so as to provide for performance audits and reports of budget units in state government; and for other purposes.

Referred to the Committee on Appropriations.

HB 160. By Representatives Day of the 126th and Stephens of the 123rd:

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A BILL to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to contributions to candidates for public office, so as to prohibit certain contributions by certain applicants for judgeships; to prohibit certain contributions by candidates for judicial office; and for other purposes.

Referred to the Committee on Rules.

HB 161. By Representatives Day of the 126th, Stephens of the 123rd and Roberts of the 131st:
A BILL to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to provide a homestead exemption to certain residents with respect to state ad valorem taxes; and for other purposes.

Referred to the Committee on Ways & Means.

HB 162. By Representatives Day of the 126th and Stephens of the 123rd:
A BILL to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem tax exemptions, so as to provide for an exemption for all tangible personal property consisting of inventory of a small business taxpayer; and for other purposes.

Referred to the Committee on Ways & Means.

HB 163. By Representatives Day of the 126th and Stephens of the 123rd:
A BILL to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to change certain provisions regarding disposition of campaign contributions; to provide for additional requirements with respect to campaign committee; to change certain provisions regarding disclosure reports; and for other purposes.

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Referred to the Committee on Rules.

HB 164. By Representative Campbell of the 39th:
A BILL to amend Code Section 15-2-9 of the Official Code of Georgia Annotated, relating to answers to questions certified by federal appellate courts to the Georgia Supreme Court, so as to provide that the Supreme Court of this state may answer any question of law certified to it from any federal appellate or district court; to provide for related matters; to provide that the effectiveness of this Act shall be conditioned upon the approval by the voters of a certain constitutional amendment; and for other purposes.

Referred to the Committee on Judiciary.

HB 165. By Representative Willard of the 40th:
A BILL to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to enact the "Whistleblower Protection Act"; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 166. By Representatives Ray of the 108th, Royal of the 140th, Floyd of the 132nd, Purcell of the 122nd, James of the 114th and others:
A BILL to amend Part 2 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to temporary disability compensation for law enforcement officers and firefighters who are injured in the line of duty, so as to provide temporary disability compensation for officially recognized or designated members of legally organized volunteer fire departments who are injured in the line of duty; and for other purposes.

Referred to the Committee on Public Safety.

HR 64. By Representatives Buckner of the 82nd, Noel of the 44th, Henson of the 55th, Drenner of the 57th and Gardner of the 42nd, Post 3:

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A RESOLUTION creating the House Energy Efficient Homes Study Committee; and for other purposes.

Referred to the Committee on Rules.

HR 65.

By Representatives Reece of the 11th and Ashe of the 42nd, Post 2:
A RESOLUTION creating the House Study Committee on Technology Education; and for other purposes.

Referred to the Committee on Rules.

HR 66.

By Representatives Day of the 126th, Stephens of the 123rd and Roberts of the 131st:
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.

Referred to the Committee on Transportation.

HR 67.

By Representatives Day of the 126th and Stephens of the 123rd:
A RESOLUTION proposing an amendment to the Constitution so as to provide that legislative and congressional reapportionment shall be done by an independent, nonpartisan commission instead of the General Assembly; to provide for the establishment of such commission; and for other purposes.

Referred to the Committee on Rules.

HR 68.

By Representative Campbell of the 39th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the Supreme Court shall have jurisdiction over questions of law

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185

from any state appellate or federal district or appellate court; and for other purposes.

Referred to the Committee on Judiciary.

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

HB 123 HB 124 HB 125 HB 126 HB 127 HB 128 HB 129 HB 130 HB 131

HB 132 HB 133 HB 134 HR 48 HR 50 HR 51 HR 52 HR 53 HR 54

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

HR 69.

By Representative Lane of the 101st:
A RESOLUTION commending the Screven County High Schol football team on its first state title and inviting the team and its coaches to appear before this body; and for other purposes.

HR 70.

By Representative Floyd of the 132nd:
A RESOLUTION recognizing January 30, 2003, as "Forestry Day at the Capitol" and inviting Andy Stone, Paul Mott, and Fred Allen of the Georgia Forestry Association to appear before the House of Representatives; and for other purposes.

The following Resolutions of the House were read and adopted:

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HR 71.

By Representatives Cummings of the 19th, Porter of the 119th, Powell of the 23rd, Parham of the 94th and Twiggs of the 8th:
A RESOLUTION recognizing the month of May, 2003, as "Motorcycle Awareness and You Month" in Georgia; and for other purposes.

HR 72.

By Representative Birdsong of the 104th:
A RESOLUTION expressing regret at the passing of Mr. Bennie Roberts; and for other purposes.

HR 73.

By Representatives Buckner of the 82nd, Barnes of the 84th, Post 2, Dodson of the 84th, Post 1 and Hill of the 81st:
A RESOLUTION commending and congratulating Tina M. Harper, the 2003 Clayton County Teacher of the Year; and for other purposes.

HR 74.

By Representative Stephens of the 123rd:
A RESOLUTION commending Christopher Mason Byrnes; and for other purposes.

HR 75.

By Representative Purcell of the 122nd:
A RESOLUTION commending Cornell Mock, Sr., of Effingham County; and for other purposes.

HR 76.

By Representative Purcell of the 122nd:
A RESOLUTION commending Stephen Mack Thompson of Effingham County; and for other purposes.

HR 77.

By Representatives Purcell of the 122nd and Oliver of the 121st, Post 2:
A RESOLUTION commending Wynelle Purcell of Bryan County; and for other purposes.

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HR 78.

By Representatives Rogers of the 20th, Reece of the 21st, Amerson of the 9th, Mills of the 67th, Post 2 and Coan of the 67th, Post 1:
A RESOLUTION expressing regret at the passing of Donald "Lance" Roland; and for other purposes.

HR 79.

By Representatives Rogers of the 20th, Reece of the 21st, Amerson of the 9th, Mills of the 67th, Post 2 and Coan of the 67th, Post 1:
A RESOLUTION expressing regret at the passing of Katie Ruth Rummel; and for other purposes.

Representative Benfield of the 56th, Post 1 arose to a point of personal privilege and addressed the House.

The Speaker announced the House in recess until 5:00 P.M. The House will convene at 10:00 o'clock A.M. the next legislative day.

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Representative Hall, Atlanta, Georgia Wednesday, January 29, 2003

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 Dexter O. Rowland, Pastor, New Piney Grove Baptist Church, Decatur, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 167. By Representatives Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Hill of the 81st, Jordan of the 83rd, Buckner of the 82nd and others:
A BILL to provide for the division and allocation of duties among the judges of the superior courts of the Clayton Judicial Circuit; and for other purposes.

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

HB 168. By Representatives Barnes of the 84th, Post 2, Buckner of the 82nd, Hill of the 81st, Dodson of the 84th, Post 1 and Orrock of the 51st:
A BILL to amend Code Section 16-5-70 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to add a nonmerger provision for the offense of cruelty to children in the second degree; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 169. By Representatives Rogers of the 20th, Black of the 144th and Parham of the 94th:
A BILL to amend Code Section 40-5-64 of the Official Code of Georgia Annotated, relating to limited driving permits for certain offenders, so as to authorize such permits for certain persons whose drivers' licenses have been suspended under Code Section 40-5-57.1; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 170. By Representatives Franklin of the 17th, Joyce of the 2nd, Coan of the 67th, Post 1, Burmeister of the 96th, Yates of the 85th, Post 1 and others:

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A BILL to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to repeal Chapter 6A, the "Georgia Fair Lending Act"; and for other purposes.

Referred to the Committee on Banks and Banking.

HB 171. By Representatives Franklin of the 17th, Douglas of the 73rd, Wilkinson of the 41st, Coan of the 67th, Post 1, Burmeister of the 96th and others:
A BILL to amend Code Section 40-5-71 of the Official Code of Georgia Annotated, relating to notice of the issuance, renewal, or termination of motor vehicle liability insurance, so as to provide for an exception regarding with respect to certain military personnel; and for other purposes.

Referred to the Committee on Insurance.

HB 172. By Representatives Benfield of the 56th, Post 1, Bordeaux of the 125th, Dix of the 70th, Post 2, Willard of the 40th and Walker of the 115th:
A BILL to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for the regulation of discovery and inspection in juvenile cases; to provide for conditions, limitations, and procedures with respect thereto; to provide for applicability; to provide for disclosure of evidence and reciprocal discovery; and for other purposes.

Referred to the Committee on Judiciary.

HB 173. By Representatives Hill of the 81st, Snow of the 1st, Dodson of the 84th, Post 1, Williams of the 128th, Coleman of the 118th and others:
A BILL to amend Code Section 16-11-160 of the Official Code of Georgia Annotated, relating to use or possession of certain firearms during commission of certain offenses and enhanced criminal penalties therefore, so as to provide that it shall be unlawful for any person to possess or use a bulletproof vest during the commission or attempted commission of certain offenses; and for other purposes.

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Referred to the Committee on Public Safety.

HB 174. By Representatives Ray of the 108th, Black of the 144th, James of the 114th, Purcell of the 122nd and Greene of the 134th:
A BILL to amend Code Section 2-8-63 of the Official Code of Georgia Annotated, relating to the finding of assent or approval of peanut producers required for a marketing order to become effective, commission authorization to issue order regulating peanuts, amendments, notice, rules and regulations, and expiration and extension of orders, so as to change certain provisions relating to finding of assent or approval of peanut producers required for marketing order to become effective, commission authorization to issue order regulating peanuts, amendments, notice, rules and regulations, and expiration and extension of orders; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

HB 175. By Representatives Smith of the 13th, Post 2, Smith of the 87th, Smith of the 110th and Smith of the 76th:
A BILL to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions for offenses against public health and morals, so as to provide for the crime of smoking in a motor vehicle while a child is restrained in a child passenger restraining system; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 176. By Representatives Oliver of the 56th, Post 2, Buck of the 112th, McBee of the 74th and Henson of the 55th:
A BILL to amend Code Section 15-11-103 of the Official Code of Georgia Annotated, relating to placement of a child following an order terminating parental rights, custodial authority, and review of placement, so as to correct the name of the Office of Adoptions; to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to change the provisions relating to access to records; to correct the name of the Office of Adoptions; to change the provisions relating to contents and furnishing of

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records and reports; to provide for adoption by a child's great-grandparent; to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records; and for other purposes.

Referred to the Committee on Judiciary.

HB 177. By Representatives Powell of the 23rd, Stoner of the 34th, Post 1, Porter of the 119th, DeLoach of the 127th and Boggs of the 145th:
A BILL to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to change certain definitions; to change the manner in which appraiser classification criteria are determined; to change certain provisions relating to the surrender or lapse of a license; to change certain provisions concerning hearings and service of orders; to provide certain sanctions for violations; to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to add certain definitions; to provide requirements for nonresident licenses; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 178. By Representatives Barnard of the 121st, Post 1, DeLoach of the 127th, Day of the 126th, Keen of the 146th, Hill of the 147th and others:
A BILL to amend Code Section 12-5-295 of the Official Code of Georgia Annotated, relating to exemptions from the Coastal Marshlands Protection Act of 1970, so as to provide that such Act shall not apply to the owners of certain property; and for other purposes.
1/29/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 178. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Barnard District 121, Post 1

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Referred to the Committee on Natural Resources & Environment.

HB 179. By Representatives Thomas of the 43rd, Post 1, Jordan of the 83rd and Greene-Johnson of the 60th, Post 3:
A BILL to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance in school by students, so as change the upper age limit of children for purposes of mandatory education requirements; and for other purposes.

Referred to the Committee on Education.

HB 180. By Representatives Thomas of the 43rd, Post 1, Sinkfield of the 50th, Beasley-Teague of the 48th, Post 2, Noel of the 44th, Jackson of the 124th, Post 1 and others:
A BILL to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for conservation of natural roadside growth and scenery and implementation and maintenance of roadside beautification programs on public rights of way; to provide certain minimum requirements for such programs; to change certain provisions relating to powers and duties of the Department of Transportation; and for other purposes.

Referred to the Committee on Transportation.

HB 181. By Representatives Buck of the 112th and Royal of the 140th:
A BILL to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions of federal law into Georgia law; and for other purposes.

Referred to the Committee on Ways & Means.

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HB 182. By Representatives Benfield of the 56th, Post 1 and Drenner of the 57th:
A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to improve enforcement of Uniform Rules of the Road; to regulate use of traffic law compliance monitoring devices in enforcing certain such rules; to provide for related inspection of motor vehicle registration records; to provide that certain maximum speeding fine limitations shall not apply to speeding in a school speed zone; and for other purposes.

Referred to the Committee on Public Safety.

HB 183. By Representative Borders of the 142nd:
A BILL to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to expand the exception to the misdemeanor of tattooing near the eye when performed by an osteopath or a technician under the supervision of a licensed physician or osteopath; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 184. By Representatives Rogers of the 20th, Jamieson of the 22nd, Westmoreland of the 86th, Dean of the 49th and Hudson of the 95th:
A BILL to amend Part 1 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to purposes and preliminary matters applicable to the Department of Banking and Finance and financial institutions generally, so as to require financial institutions to obtain a consumer's consent before disclosing nonpublic personal information to nonaffiliated third parties; and for other purposes.

Referred to the Committee on Banks and Banking.

HB 185. By Representatives Black of the 144th, Parham of the 94th, Yates of the 85th, Post 1, Rice of the 64th, Rogers of the 20th and others:

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A BILL to amend Code Section 40-5-64 of the Official Code of Georgia Annotated, relating to limited driving permits for certain offenders, so as to authorize such permits for certain persons at least 18 years of age whose drivers' licenses have been suspended under Code Section 40-5-57.1; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 186. By Representatives Forster of the 3rd, Post 1, Harrell of the 54th, Graves of the 106th and Watson of the 60th, Post 2:
A BILL to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to prohibit gifts to physicians by businesses engaged in the pharmaceutical and medical device and medical equipment industries; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 187. By Representatives Forster of the 3rd, Post 1, Day of the 126th, Hill of the 81st, Boggs of the 145th, Lunsford of the 85th, Post 2 and others:
A BILL to amend Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to instruction permits, graduated licensing and related restrictions, and temporary licenses, so as to change the limitations on operation of vehicles by holders of Class D permits during the initial sixmonth period after receiving such permits; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 188. By Representatives Forster of the 3rd, Post 1, Bridges of the 7th, Day of the 126th, Hill of the 81st, Powell of the 23rd and others:
A BILL to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to use of radar speed detection devices, so as to remove the requirement that the streets, roads, and highways upon which such devices may be used must be approved; to permit use of such devices while application is pending; and for other purposes.

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Referred to the Committee on Public Safety.

HB 189. By Representatives Buck of the 112th, Royal of the 140th and Williams of the 4th:
A BILL to amend Code Section 48-8-39 of the Official Code of Georgia Annotated, relating to the effect of use other than retention, demonstration, or display by the giver of ceratin certification or by processor, manufacturer, or converter of tangible personal property, so as to provide for fair market value of certain carpet samples for sales and use tax purposes; and for other purposes.

1/28/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 189. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Buck District 112

Referred to the Committee on Ways & Means.

HB 190. By Representatives Walker of the 71st, Post 1, Keen of the 146th, Smith of the 110th, McCall of the 78th and Sheldon of the 71st, Post 2:
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 prosecution for aggravated child molestation may be commenced at any time; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 191. By Representative Lord of the 103rd:

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A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for the voluntary cancellation of the registration of certain vehicles and the restoration thereof; to provide definitions; to provide for an exception for insurers for reporting certain insurance coverage for fleet insurance policies; to change the fees for lapse and restoration fees; and for other purposes.

Referred to the Committee on Insurance.

HR 80.

By Representatives Day of the 126th and Stephens of the 123rd:
A RESOLUTION proposing an amendment to the Constitution so as to provide for a statewide base year assessed value homestead exemption with respect to county ad valorem taxes for county purposes; and for other purposes.

Referred to the Committee on Ways & Means.

HR 81.

By Representatives Williams of the 4th, Forster of the 3rd, Post 1, Joyce of the 2nd, Brock of the 5th, Chambers of the 53rd and others:
A RESOLUTION designating the Harold Mann Memorial Interchange on I75 in Whitfield County; and for other purposes.

1/28/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 81. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Williams District 4

Referred to the Committee on Transportation.

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By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee:

HB 192. By Representatives Buck of the 112th, Skipper of the 116th, Orrock of the 51st, Smyre of the 111th, Coleman of the 118th and others:
A BILL to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, so as to provide for a reduction in the annual salary of members of the General Assembly; and for other purposes.

Referred to the Committee on Appropriations.

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

HB 23 HB 135 HB 136 HB 137 HB 138 HB 139 HB 140 HB 141 HB 142 HB 143 HB 144 HB 145 HB 146 HB 147 HB 148 HB 149 HB 150 HB 151 HB 152

HB 153 HB 154 HB 155 HB 156 HB 157 HB 158 HB 159 HB 160 HB 161 HB 162 HB 163 HB 164 HB 165 HB 166 HR 64 HR 65 HR 66 HR 67 HR 68

Pursuant to Rule 52, Representative Ray of the 108th moved that the following Bill of the House be engrossed:

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HB 147. By Representatives Ray of the 108th, Royal of the 140th, Black of the 144th and James of the 114th:
A BILL to amend Artivcle 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 motion prevailed.

Pursuant to Rule 52, Representative Ray of the 108th moved that the following Bill of the House be engrossed:

HB 148. By Representatives Ray of the 108th, Royal of the 140th, Black of the 144th and James of the 114th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale or use of liquefied petroleum gas or other fuel used for certain horticultural purposes; and for other purposes.

The motion prevailed.

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

HR 82.

By Representatives Sholar of the 141st, Post 1, Broome of the 141st, Post 2 and Greene of the 134th:
A RESOLUTION commending the Southwest Georgia Regional Public Library System and inviting certain library representatives to appear before the House of Representatives; and for other purposes.

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The following Resolutions of the House were read and adopted:

HR 83.

By Representatives Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Hill of the 81st and Buckner of the 82nd:
A RESOLUTION commending Tina M. Harper, the 2003 Clayton County Teacher of the Year; and for other purposes.

HR 84.

By Representative O`Neal of the 117th:
A RESOLUTION commending Lonieze H. Cranshaw; and for other purposes.

HR 85.

By Representatives Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Hill of the 81st and Buckner of the 82nd:
A RESOLUTION commending Mark Clayton Armstrong of Clayton County; and for other purposes.

HR 86.

By Representatives Coleman of the 118th, Powell of the 23rd, Cummings of the 19th, Shaw of the 143rd, Floyd of the 132nd and others:
A RESOLUTION commending Georgia's county election superintendents and county election board members; and for other purposes.

HR 87.

By Representatives Mills of the 67th, Post 2, Keen of the 146th, Burmeister of the 96th, Buck of the 112th, Boggs of the 145th and others:
A RESOLUTION expressing the support of the Georgia House of Representatives for the President of the United States of America and the members of our nation's armed forces in the current national emergency; and for other purposes.

Representative Bordeaux of the 125th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:

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Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 103 Do Pass HB 104 Do Pass, by Substitute HB 105 Do Pass

Respectfully submitted, /s/ Bordeaux of the 125th
Chairman

Representative Smyre of the 111th 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 70 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

The Speaker announced the House in recess until 5:00 P.M., at which time the House will stand adjourned until 10:00 o'clock A.M. the next legislative day.

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Representative Hall, Atlanta, Georgia Thursday, January 30, 2003

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

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

Anderson Ashe Barnard Beasley-Teague Benfield Birdsong Black Boggs Bordeaux Borders Bridges Brock Brooks Broome Buck Buckner, D Buckner, G Burkhalter Burmeister Butler Casas Channell Childers Coleman, B Crawford Cummings Day

Deloach Dollar Dooley Douglas E Drenner Ehrhart E Elrod Epps Fleming Floyd, J Fludd Forster Franklin Gardner Golick Graves, D Graves, T Greene Hanner Harbin Harper Harrell Heard, J Heard, K Heath Hembree Henson

Hill, C Hill, C.A Hill, V Hines Houston Howard Howell Hugley Jackson Jamieson Jones Keen Lane Lord Mangham Manning Marin Martin Massey Maxwell McBee McClinton E Millar Mitchell Mobley Moraitakis Morris

Mosby Mosley Murphy, J Murphy, Q Noel Oliver, B Oliver, M O'Neal Parham Parrish Ralston Ray Reece, B Reece, S Rice Richardson Roberts, J Rogers, Ch. Royal Rynders Scott E Shaw Sheldon Sholar Skipper Smith, B

Smith, L Smith, P Smith, T Smith, V Snow Stephens, E Stephens, R Stephenson Stokes Teilhet Teper Thomas, A Thomas, A.M Thompson Twiggs Walker, L Warren Westmoreland White Wilkinson Willard Williams, A Williams, E Williams, R Wix Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Amerson of the 9th, Bannister of the 70th, Post 1, Barnes of the 84th, Post 2, Brown of the 89th, Bruce of the 45th, Bunn of the 63rd, Campbell of the 39th, Coan of the 67th, Post 1, Dean of the 49th, Dix of the 70th, Post 2, Dodson of the 84th, Post 1, Dukes of the 136th, Floyd of the 69th, Post 2, Greene-Johnson of the 60th, Post 3, Heckstall of the 48th, Post 3, Holmes of the 48th, Post 1, Hudson of the 95th, James of the 114th, Jenkins of the 93rd, Jordan of the 83rd, Knox of the 14th, Post 1, Lewis of the 12th, Lunsford of the 85th, Post 2, Maddox of the 59th, Post 2, McCall of the 78th, Mills of the 67th, Post 2, Orrock of the 51st, Parsons of the 29th, Powell of the 23rd, Purcell of

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203

the 122nd, Randall of the 107th, Roberts of the 135th, Rogers of the 20th, Sailor of the 61st, Post 1, Sims of the 130th, Sinkfield of the 50th, Stanley-Turner of the 43rd, Post 2, Stoner of the 34th, Post 1, Walker of the 71st, Post 1, Watson of the 60th, Post 2, and Yates of the 85th, Post 1.
They wish to be recorded as present.

Prayer was offered by Bishop Delores Harley-El, D. Min., Pastor, Christ's Central Chapel, Decatur, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

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

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

HB 193. By Representatives Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Wix of the 33rd, Post 1, Powell of the 23rd and Hill of the 81st:
A BILL to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide an affirmative defense for the unauthorized possession of firearms or other deadly weapons at public gatherings; to amend Part 2 of Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to transportation passenger safety, so as to provide for exceptions to certain prohibitions; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 194. By Representatives Powell of the 23rd, McBee of the 74th, Heard of the 75th and Wix of the 33rd, Post 1:
A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to extensively revise certain provisions relating to athlete agents; to enact the Uniform Athlete Agents Act; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 195. By Representatives Hill of the 81st, Barnes of the 84th, Post 2, Fludd of the 48th, Post 4, Lucas of the 105th and Buckner of the 82nd:
A BILL to amend Code Section 17-5-50 of the Official Code of Georgia Annotated, relating to procedures concerning unlawfully obtained property, so as to change certain procedures in photographing property; and for other purposes.

Referred to the Committee on Public Safety.

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205

HB 196. By Representatives Hill of the 81st, Barnes of the 84th, Post 2, Fludd of the 48th, Post 4, Lucas of the 105th, Forster of the 3rd, Post 1 and others:
A BILL to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine and providing for penalties, so as to reduce the quantity of marijuana needed for a trafficking prosecution; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 197. By Representatives Willard of the 40th, Oliver of the 56th, Post 2, Benfield of the 56th, Post 1, Bordeaux of the 125th, Campbell of the 39th and others:
A BILL to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to state legislative findings; to define criminal negligence; to change the definition of cruelty to children and to provide for third degree cruelty to children; to provide for the crime of endangerment of a child under the age of 16; and for other purposes.

Referred to the Committee on Judiciary.

HB 198. By Representatives Buckner of the 82nd, Dodson of the 84th, Post 1, Barnes of the 84th, Post 2, Jamieson of the 22nd, Coleman of the 65th and others:
A BILL to amend Part 10 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Georgia Professional Standards Act," so as to revise provisions relating to the Professional Standards Commission and its powers and duties; to provide that members of local boards of education shall be subject to the jurisdiction of the commission; and for other purposes.

Referred to the Committee on Education.

HB 199. By Representatives Wilkinson of the 41st, McClinton of the 59th, Post 1, Orrock of the 51st, Keen of the 146th, Millar of the 52nd and others:
A BILL to amend Chapter 12 of Title 31 of the Official Code of Georgia

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Annotated, relating to control of hazardous conditions, so as to require postsecondary educational institutions to provide information on meningococcal meningitis; to require vaccination against meningococcal meningitis or a signed waiver for certain students enrolled in postsecondary educational institutions; and for other purposes.

Referred to the Committee on Higher Education.

HB 200. By Representative Bridges of the 7th:
A BILL to amend Code Section 50-5-60 of the Official Code of Georgia Annotated, relating to preferences to supplies, equipment, materials, and printing produced in Georgia generally, so as to define certain terms; to provide for a preference in state purchasing contracts for vendors who are residents of Georgia or for products of Georgia; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 201. By Representatives Benfield of the 56th, Post 1, Gardner of the 42nd, Post 3, Drenner of the 57th, Oliver of the 56th, Post 2 and Ashe of the 42nd, Post 2:
A BILL to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident reparations, so as to provide for mile-based premiums for certain motor vehicle insurance; to change certain provisions relating to requirements for issuance of motor vehicle liability insurance policies; and for other purposes.

Referred to the Committee on Insurance.

HB 202. By Representative Jamieson of the 22nd:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to change certain provisions regarding the exemption with respect to the sale of certain natural or artificial gas used directly in the production of electricity; and for other purposes.

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Referred to the Committee on Ways & Means.

HB 203. By Representatives Crawford of the 91st, Parsons of the 29th, Keen of the 146th, Smith of the 87th, Smith of the 76th and others:
A BILL to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act," so as to eliminate provisions relating to the annual continuation budget report; to provide for the periodic application of zero-base budgeting to the budget process; to provide for analysis of departmental and program objectives; to provide for consideration of alternative funding levels; and for other purposes.

Referred to the Committee on Appropriations.

HB 204. By Representatives Borders of the 142nd, Royal of the 140th, Black of the 144th, Shaw of the 143rd, Walker of the 115th and others:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of certain school supplies, clothing, footwear, computers, and computer related accessories for a limited period of time; and for other purposes.

1/29/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 204. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Borders District 142
Referred to the Committee on Ways & Means.
HB 205. By Representatives Borders of the 142nd, Black of the 144th, Shaw of the 143rd and Boggs of the 145th:

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A BILL to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate honoring the Boy Scouts of America; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 206. By Representatives Gardner of the 42nd, Post 3, Childers of the 13th, Post 1, Hembree of the 46th and Drenner of the 57th:
A BILL to amend Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements for professional counselors, social workers, and marriage and family therapists, so as to provide an exemption from such requirements for certain persons providing certain disaster relief services; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 207. By Representatives Buck of the 112th, Smyre of the 111th, Smith of the 110th, Buckner of the 109th and Hugley of the 113th:
A BILL to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain provisions regarding the joint county or municipal sales and use tax and provide for an optional rate increase to 2 percent with respect to imposition by consolidated governments; and for other purposes.

1/29/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 207. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Buck District 112

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Referred to the Committee on Ways & Means.

HB 208. By Representatives Fludd of the 48th, Post 4, Moraitakis of the 42nd, Post 4, Oliver of the 56th, Post 2, Stephenson of the 60th, Post 1, Hill of the 81st and others:
A BILL to amend Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Property Owners' Association Act," so as to clarify the definition of "lots"; to clarify the definition of "lot owner"; to clarify the definition of "property owners' development"; to clarify enforcement powers; to clarify voting procedures for multiple-owner units; to conform proxy requirements to other provisions of the law; and for other purposes.

Referred to the Committee on Judiciary.

HB 209. By Representatives Epps of the 90th, Howard of the 98th, Brooks of the 47th and Stanley-Turner of the 43rd, Post 2:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit for certain amounts expended for qualified child care expenses in conformity with federal tax law; and for other purposes.

Referred to the Committee on Ways & Means.

HB 210. By Representatives Fludd of the 48th, Post 4, Moraitakis of the 42nd, Post 4, Oliver of the 56th, Post 2, Stephenson of the 60th, Post 1, Hill of the 81st and others:
A BILL to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, so as to clarify the relevant date of recording of condominium instruments; to clarify the definition of "unit owner"; to clarify requirements for identifying recorded plats on amendments for expandable condominiums; to clarify requirements for identifying recorded plans on amendments for expandable condominiums; to clarify the classification of pipes and vents; and for other purposes.

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Referred to the Committee on Judiciary.

HB 211. By Representatives Rice of the 64th, Millar of the 52nd, Dix of the 70th, Post 2, Sholar of the 141st, Post 1 and Jenkins of the 93rd:
A BILL to amend Code Section 30-1-6 of the Official Code of Georgia Annotated, relating to assaulting, beating, harassing, or injuring guide or dogs assisting disabled persons, so as to provide that assaulting or causing the death of an assistance dog or attempting to do so shall be a felony; to provide that interfering with assistance dog duties or attempting to do so shall be a misdemeanor; to provide that interfering with the use of an assistance dog with reckless disregard shall be a misdemeanor or a high and aggravated misdemeanor; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 212. By Representative Noel of the 44th:
A BILL to amend Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to funds for public roads, so as to repeal in its entirety Article 3, relating to allocation of funds for public roads; to amend Chapter 32 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Regional Transportation Authority, so as to repeal in its entirety Article 5, relating to allocation of funds by the Department of Transportation; and for other purposes.

Referred to the Committee on Transportation.

HB 213. By Representatives Moraitakis of the 42nd, Post 4, Oliver of the 56th, Post 2, Ashe of the 42nd, Post 2, Wilkinson of the 41st, Teilhet of the 34th, Post 2 and others:
A BILL to amend Chapter 15 of Title 10 of the Official Code of Georgia Annotated, relating to business administration, so as to provide for restrictions on the information which may be printed on receipts for certain payment card transactions; and for other purposes.

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Referred to the Committee on Banks and Banking.

HB 214. By Representatives Heard of the 70th, Post 3, Cooper of the 30th, Hugley of the 113th, Floyd of the 69th, Post 2 and Marin of the 66th:
A BILL to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate honoring the Thanks Mom and Dad Fund; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 215. By Representatives Golick of the 34th, Post 3, Harbin of the 80th and Maddox of the 59th, Post 2:
A BILL to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide definitions; to provide for the use of credit and credit scoring information in underwriting or rating risks by insurance companies; and for other purposes.

Referred to the Committee on Insurance.

HB 216. By Representative Hembree of the 46th:
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 that a teacher who retired on a service retirement may be employed as a classroom teacher without having his or her benefits affected; to define certain terms; to provide that such teacher's prior service shall not be used in determining salary; and for other purposes.

Referred to the Committee on Retirement.

HR 88. By Representatives Day of the 126th, Stephens of the 123rd, Bordeaux of the 125th and Purcell of the 122nd:

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A RESOLUTION designating the Jim Gillis-Historic Savannah Parkway; and for other purposes.

1/29/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 88. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Day District 126

Referred to the Committee on Transportation.

HR 89.

By Representatives Epps of the 90th, Howard of the 98th, Murphy of the 97th, Skipper of the 116th, Smyre of the 111th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that persons elected to office who were the nominees of political parties and bodies may not change their party affiliation except under certain circumstances; to provide for the vacation of the person's office under certain circumstances; and for other purposes.

Referred to the Committee on Governmental Affairs.

HR 90.

By Representative Jamieson of the 22nd:
A RESOLUTION commending the Military Veterans of Banks County and designating the Veterans Memorial Highway; and for other purposes.

Referred to the Committee on Transportation.

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

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HB 167 HB 168 HB 169 HB 170 HB 171 HB 172 HB 173 HB 174 HB 175 HB 176 HB 177 HB 178 HB 179 HB 180

HB 181 HB 182 HB 183 HB 184 HB 185 HB 186 HB 187 HB 188 HB 189 HB 190 HB 191 HB 192 HR 80 HR 81

Pursuant to Rule 52, Representative Barnard of the 121st, Post 1 moved that the following Bill of the House be engrossed:

HB 178. By Representatives Barnard of the 121st, Post 1, DeLoach of the 127th, Day of the 126th, Keen of the 146th, Hill of the 147th and others:
A BILL to amend Code Section 12-5-295 of the Official Code of Georgia Annotated, relating to exemptions from the Coastal Marshlands Protection Act of 1970, so as to provide that such Act shall not apply to the owners of certain property; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Buck of the 112th moved that the following Bill of the House be engrossed:

HB 189. By Representatives Buck of the 112th, Royal of the 140th and Williams of the 4th:
A BILL to amend Code Section 48-8-39 of the Official Code of Georgia Annotated, relating to the effect of use other than retention, demonstration, or display by the giver of certain certification or by processor, manufacturer, or converter of tangible personal property, so as to provide for fair market value

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of certain carpet samples for sales and use tax purposes; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Williams of the 4th moved that the following Resolution of the House be engrossed:

HR 81.

By Representatives Williams of the 4th, Forster of the 3rd, Post 1, Joyce of the 2nd, Brock of the 5th, Chambers of the 53rd and others:
A RESOLUTION designating the Harold Mann Memorial Interchange on I75 in Whitfield County; and for other purposes.

The motion prevailed.

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

HR 70.

By Representative Floyd of the 132nd:
A RESOLUTION recognizing January 30,2003, as "Forestry Day at the Capitol" and inviting Andy Stone, Paul Mott, and Fred Allen of the Georgia Forestry Association to appear before the House of Representatives; and for other purposes.

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

HB 103. By Representatives Walker of the 115th and Oliver of the 56th, Post 2:
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

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Official Code of Georgia Annotated; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague E Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas E Drenner
Dukes Y Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell
Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton E Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott E Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren
Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 167, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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Representatives Hudson of the 95th and Mangham of the 62nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 104. By Representatives Walker of the 115th and Oliver of the 56th, Post 2:
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; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated; to repeal portions of the Code and Acts amendatory thereof which have become obsolete; and for other purposes.

The following Committee substitute was read and adopted:

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; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated; to repeal portions of the Code and Acts amendatory thereof which have become obsolete; to delete portions of the Code which have been superseded by subsequent state laws; to provide for and to correct citations in the Official Code of Georgia Annotated and other codes and laws of the state; to rearrange, renumber, and redesignate provisions of the Official Code of Georgia Annotated; to provide for other matters relating to the Official Code of Georgia Annotated; 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 1 of the Official Code of Georgia Annotated, relating to general provisions, is amended as follows: (1) By inserting "of the Constitution" after "Paragraph III" and by deleting "of the

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Official Code of Georgia Annotated" in Code Section 1-3-4.1, relating to the effective date for certain Acts requiring increases in expenditures by counties.

Reserved.

SECTION 2.

Reserved.

SECTION 3.

Reserved.

SECTION 4.

Reserved.

SECTION 5.

Reserved.

SECTION 6.

Reserved.

SECTION 7.

Reserved.

SECTION 8.

Reserved.

SECTION 9.

SECTION 10. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended as follows: (1) By striking "days," and inserting in its place "days" in paragraph (5) of subsection (a) of Code Section 10-1-677, relating to the termination of a contractual relationship between a dealer and a manufacturer in regard to marine manufacturers. (2) By striking "Reserved." in Code Section 10-15-3, deleting the 10-15-4 designation, and redesignating the text under Code Section 10-15-4 as Code Section 10-15-3, relating to the penalty for violation of Code Section 10-15-2, which relates to the disposal of business records containing personal information.

Reserved.

SECTION 11.

Reserved.

SECTION 12.

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SECTION 13. Title 13 of the Official Code of Georgia Annotated, relating to contracts, is amended as follows: (1) By inserting "which it" before "effectively" in paragraph (15) and by inserting "or" before "mortgage" and by striking "solicitation, looking to a sale, or offer" and inserting in its place "solicitation looking to a sale; or an offer" in paragraph (17) of Code Section 13-8-12, relating to definitions concerning the regulation of agricultural equipment manufacturers, distributors, and dealers in regard to illegal and void contracts generally.
SECTION 14. Title 14 of the Official Code of Georgia Annotated, relating to corporations, is amended as follows: (1) By striking "without" and inserting in its place "outside" in paragraph (6) of subsection (b) of Code Section 14-2-1501, relating to the requirement of a certificate of authority to transact business for foreign corporations. (2) By inserting "and" at the end of paragraph (4) of subsection (b) and by striking the periods and inserting semicolons at the end of paragraphs (1) and (2) and by striking the period and inserting "; and" at the end of paragraph (3) of subsection (f) of Code Section 14-9-206.1, relating to mergers with regard to the "Georgia Revised Uniform Limited Partnership Act." (3) By striking "'L.L.C.', 'LLC', 'L.C.' or 'LC';" and inserting in its place "'L.L.C.,' 'LLC,' 'L.C.' or 'LC';" in paragraph (1) of subsection (a) of Code Section 14-11-705, relating to the name of a foreign limited liability company. (4) By striking "14-11-1110" and inserting in its place "14-11-1109" in paragraph (1) of subsection (b) of Code Section 14-11-1012, relating to court costs and counsel fees.
SECTION 15. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended as follows: (1) By striking the "(1)(B)" designation and inserting in its place "(B)" in subparagraph (f.1)(1)(B) of Code Section 15-6-77, relating to superior court fees and construction of other fee provisions in regard to clerks of superior courts.
SECTION 16. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended as follows: (1) By striking "(c), (d), (e), (f), (g), (h), and (i)" and inserting in its place "(c) through (i)" in subsection (b) of Code Section 16-5-21, relating to aggravated assault. (2) By striking "(c), (d), (e), (f), (g), and (h)" and inserting in its place "(c) through (h)" in subsection (b) of Code Section 16-5-24, relating to aggravated battery. (3) By striking "or is derived" and inserting in its place "or derived" in subsection (a) of Code Section 16-6-13.3, relating to proceeds from pimping and their forfeiture and distribution.

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(4) By striking "not-for-profit" and inserting in its place "not for profit" in paragraph (4) of Code Section 16-8-82, relating to definitions regarding motor vehicle chop shops and stolen and altered property. (5) By striking paragraph (7) and renumbering it as new paragraph (4) and by renumbering existing paragraphs (4) through (6) as paragraphs (5) through (7), respectively, in subsection (f) of Code Section 16-9-20, relating to deposit account fraud. (6) By striking "appointive" and inserting in its place "appointed" and by striking "elective" and inserting in its place "elected" in the introductory language of subsection (b), paragraph (2) of subsection (c), and subparagraph (c)(3)(C) of Code Section 16-10-6, relating to the sale of real or personal property to a political subdivision by a local officer or employee and exceptions in regard to abuse of a government office. (7) By striking "punishable by contempt" and inserting in its place "punishable as contempt" in subsection (e) of Code Section 16-11-66.1, relating to the disclosure of stored wire or electronic communications, records, search warrants, issuance of subpoena, and violation in regard to wiretapping, eavesdropping, surveillance, and related offenses. (8) By inserting "Georgia" before "Peace Officer" in paragraph (4) of subsection (c) of Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on school property. (9) By inserting "Georgia" before "Peace Officer" each time it appears in paragraphs (3) and (4) of subsection (c) of Code Section 16-11-130, relating to exemptions from Code Sections 16-11-126 through 16-11-128. (10) By striking "child," and inserting in its place "child" and by striking "indecency;" and inserting in its place "indecency" in paragraph (1) of subsection (d) of Code Section 16-12-100.2, relating to computer pornography and child exploitation prevention. (11) By striking "sterile water" and inserting in its place "sterile water," and by striking "quantity, use" and inserting in its place "quantity, use," in paragraph (4.2) of Code Section 16-13-72, relating to the sale, distribution, or possession of dangerous drugs.

Reserved.

SECTION 17.

SECTION 18. Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor, is amended as follows: (1) By striking "article:" and inserting in its place "article, the term:" in the introductory language, by striking "vote," and inserting in its place "vote" both times it appears in subparagraph (B) of paragraph (1), by striking "obligation," and inserting in its place "obligation" in paragraph (8), and by striking "asset," and inserting in its place "asset" in paragraph (12) of Code Section 18-2-71, relating to definitions in regard to the "Uniform Fraudulent Transfers Act."

SECTION 19. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is

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amended as follows: (1) By striking "position;" and inserting in its place "position," in Code Section 19-10A4, relating to no criminal prosecution for leaving a child in custody of a medical facility.

SECTION 20. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended as follows: (1) By striking "20-3-751.6" and inserting in its place "20-2-751.6" and by striking "203-751.4" and inserting in its place "20-2-751.4" in subparagraph (b)(1)(A) and in paragraph (2) of subsection (b) of Code Section 20-2-751.5, relating to student codes of conduct, safety rules on school buses, and distribution of codes. (2) By striking "however, the" and inserting in its place "however, that the" in subsection (b) of Code Section 20-3-386, relating to distribution of education loan repayment assistance and conditions therefor.

Reserved.

SECTION 21.

Reserved.

SECTION 22.

Reserved.

SECTION 23.

Reserved.

SECTION 24.

SECTION 25. Title 25 of the Official Code of Georgia Annotated, relating to fire protection, is amended as follows: (1) By designating the first and second paragraphs as subsections (a) and (b), respectively, in Code Section 25-5-12, relating to agreements constituting collective bargaining contracts, required provisions, and engaging in work stoppages by firefighters. (2) By striking "certificates" and inserting in its place "permits" each time it appears and by striking "certificate" and inserting in its place "permit" in subsection (b) and by inserting "as provided" before "by law" in subsection (d) of Code Section 25-12-18, relating to cease and desist orders, period of revocation, civil penalty, and opportunity for hearing in regard to regulation of fire extinguishers and suppression systems.

SECTION 26. Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended as follows: (1) By striking "violates" and inserting in its place "violate" in subparagraph (c)(1)(B) of

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Code Section 26-2-81, relating to powers of the Commissioner of Agriculture, access to documentary evidence and witnesses, false reports, and failure to file reports in regard to meat inspection standards, labeling, and adulteration of food. (2) By striking "Chapter" and inserting in its place "chapter" in Code Section 26-2-101, relating to inspections and examinations and administration in conjunction with Article 2 of the chapter in regard to inspection of animals, carcasses, meat, and meat food products, adulteration and misbranding in the standards, labeling, and adulteration of food. (3) By striking "Code Sections 26-2-150 through 26-2-154" and inserting in its place "this Code section and Code Sections 26-2-151 through 26-2-154" each time it appears in Code Section 26-2-150, relating to legislative intent in regard to the advertisement and sale of meat generally. (4) By striking "Code Sections 26-2-150 through 26-2-154" and inserting in its place "Code Section 26-2-150, this Code section, and Code Sections 26-2-152 through 26-2154" in Code Section 26-2-151, relating to promulgation of rules and regulations regarding deceptive advertising of meat. (5) By striking "Code Sections 26-2-157 through 26-2-161" and inserting in its place "26-2-157 and 26-2-158, this Code section, and Code Sections 26-2-160 and 26-2-161" in Code Section 26-2-159, relating to promulgation of regulations in regard to the advertisement and sale of meat generally. (6) By inserting a comma after "animal" in Code Section 26-2-203, relating to power of inspection in regard to meat, poultry, and dairy processing plants. (7) By striking the quotation marks from "'Grade A Pasteurized Milk Ordinance'" in subsection (b) of Code Section 26-2-231, relating to definitions in regard to milk and milk products. (8) By striking the quotation marks from "'Grade A Pasteurized Milk Ordinance'" in Code Section 26-2-238, relating to standards and requirements generally in regard to milk and milk products. (9) By striking "301 et seq" and "1040 et seq" and inserting in their respective places "301, et seq" and "1040, et seq" in paragraph (7) and by striking "containers," and inserting in its place "containers" in subparagraph (A) of paragraph (10) of Code Section 26-3-2, relating to definitions in regard to standards, labeling, and adulteration of drugs and cosmetics. (10) By striking "state board of pharmacy" and inserting in its place "State Board of Pharmacy" in the introductory language of subsection (a) of Code Section 26-4-49, relating to drug researcher permits, application for registration, fees, suspension or revocation, and penalty for violations.
SECTION 27. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended as follows: (1) By striking "tax on" and inserting in its place "taxon" in paragraph (23) of Code Section 27-1-2, relating to definitions pertaining to game and fish laws. (2) By striking "cub(s)" and inserting in its place "a cub or cubs" in paragraph (9) of

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Code Section 27-3-1.1, relating to acts prohibited on wildlife management areas. (3) By striking "of this title" after "27-2-23" in Code Section 27-4-90, relating to commercial fishing license requirements and effective dates pertaining to fresh-water fishing laws.

SECTION 28. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended as follows: (1) By striking "chair" and inserting in its place "chairperson" each time it appears in paragraph (6) of subsection (a) and by striking "chairman" and inserting in its place "chairperson" each time it appears in subsection (d) of Code Section 28-1-16, relating to the issuance of subpoenas by the Superior Court of Fulton County on behalf of the Committees on Ethics of the Senate and House of Representatives.

SECTION 29. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended as follows: (1) By striking ".5 percent" and inserting in its place "1/2 percent" in subsection (a) of Code Section 29-2-42, relating to compensation for services of guardians and sureties. (2) By striking "will" and inserting in its place "shall" in paragraph (4) of subsection (a) of Code Section 29-6-8, relating to persons and entities who may serve as a guardian, the discharge of a guardian acting in violation of provisions, and final accounting in regard to guardians of beneficiaries of the United States Department of Veterans Affairs.

Reserved.

SECTION 30.

Reserved.

SECTION 31.

Reserved.

SECTION 32.

SECTION 33. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended as follows: (1) By striking "section, 'liability insurance policy'" and inserting in its place "section, the term 'liability insurance policy'" in subsection (a) of Code Section 33-7-11.1, relating to the commencement of liability of an insurer to pay benefits to a third party on behalf of the insured and the applicability of this Code section. (2) By striking "post-payment" and inserting in its place "postpayment" in paragraph (7); by renumbering paragraphs (1) through (8) as paragraphs (2) through (9), respectively, in Code Section 33-20A-60, relating to definitions regarding managed health care plans; and

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by designating as paragraph (1) and inserting the text of subsection (h) of Code Section 33-20A-62, relating to the payment of claims in managed health care plans, as paragraph (1) of said Code Section 33-20A-60. (3) By striking "post-payment" and inserting in its place "postpayment" in the introductory language of subsections (a) and (b) and subsection (e) and by striking subsection (h) of Code Section 33-20A-62, relating to the payment of claims in managed health care plans. (4) By striking "his premium" and inserting in its place "his or her premium" in subsection (d) of Code Section 33-22-9, relating to service charges in regard to insurance premium finance companies. (5) By striking "commissioner of public safety" and inserting in its place "commissioner of motor vehicle safety" in Code Section 33-34-5, relating to vehicles not to be licensed until proof of insurance is furnished.

Reserved.

SECTION 34.

Reserved.

SECTION 35.

Reserved.

SECTION 36.

Reserved.

SECTION 37.

SECTION 38. Title 38 of the Official Code of Georgia Annotated, relating to military, emergency management, and veterans affairs, is amended as follows: (1) By striking "'Southern Regional Emergency Management Compact.'" and inserting in its place "'Emergency Management Assistance Compact.'" in Code Section 38-3-80, relating to a short title for the Emergency Management Assistance Compact. (2) By striking "Southern Regional Emergency Management Compact" and inserting in its place "Emergency Management Assistance Compact" in the introductory language, by striking the title of the compact "SOUTHERN REGIONAL EMERGENCY MANAGEMENT COMPACT" and inserting in its place "'EMERGENCY MANAGEMENT ASSISTANCE COMPACT", and by inserting a double quotation mark at the end of the compact following "Code." in Article XIII of Code Section 38-3-81, relating to the enactment and text of the Emergency Management Assistance Compact.

Reserved.

SECTION 39.

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Reserved.

SECTION 40.

Reserved.

SECTION 41.

SECTION 42. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended as follows: (1) By striking "criminal justice information system" and inserting in its place "Criminal Justice Information System" in subparagraph (b)(3)(B) and each time it appears in paragraph (1) of subsection (c), by striking "U.S.C." and inserting in its place "U.S.C. Section" each time it appears and by striking "Web page" and inserting in its place "Internet website" in paragraph (3) of subsection (c), and by striking "one time" and inserting in its place "one-time" in paragraphs (2) and (3) of subsection (c.1) of Code Section 42-1-12, relating to the State Sexual Offender Registry. (2) By striking "or its successor agency" each time it appears in subsection (c) of Code Section 42-8-111, relating to court ordered installation of ignition interlock devices, completion of alcohol and drug use risk reduction programs, notice of requirements, and fees for a drivers license.

SECTION 42A. An Act to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, approved April 10, 1995 ( Ga. L. 1995, p. 396), is amended by repealing the obsolete Section 1 thereof.

Reserved.

SECTION 43.

SECTION 44. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended as follows: (1) By striking "justice" and inserting in its place "magistrate" in Code Section 44-14302, relating to levy and sale of property and advertisement in regard to foreclosures of personal property. (2) By deleting "hospital" and by striking "first class" and inserting in its place "firstclass" in paragraph (1) of subsection (a) of Code Section 44-14-471, relating to the filing of a verified statement, contents, and notice in regard to hospitals, nursing homes, and traumatic burn care medical practices. (3) By deleting "hospital" before "lien book", by striking "materialmans" and inserting in its place "materialmens", and by striking "mechanics" and inserting in its place "mechanics" in Code Section 44-14-472, relating to duties of the clerk of the superior court, lien book, and fees in regard to hospitals, nursing homes, and traumatic burn care

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medical practices.

Reserved.

SECTION 45.

Reserved.

SECTION 46.

Reserved.

SECTION 47.

Reserved.

SECTION 48.

Reserved.

SECTION 49.

Reserved.

SECTION 50.

SECTION 51. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended as follows: (1) By inserting a double quotation mark at the end of the date line in the "NOTICE OF CANCELLATION RIGHTS" in subsection (c) of Code Section 51-12-72, relating to the requirement of a written transfer agreement in regard to damages in tort actions.

SECTION 52. Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, is amended as follows: (1) By striking "paragraphs (1) through (3) of subsection (b)" and inserting in its place "subparagraphs (b)(2)(A) through (b)(2)(C)" in subsection (c) of Code Section 52-7-8.3, relating to the operation of watercraft, identification, and operation by minors.

Reserved.

SECTION 53.

SECTION 54. Except for Title 47, the text of Code sections and title, chapter, article, part, subpart, Code section, subsection, paragraph, subparagraph, division, and subdivision numbers and designations as contained in the Official Code of Georgia Annotated published under authority of the state by The Michie Company in 1982 and contained in Volumes 3 through 40 of such publication or replacement volumes thereto, as amended by the text

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and numbering of Code sections as contained in the 2002 supplements to the Official Code of Georgia Annotated published under authority of the state in 2002 by LEXIS Publishing, are reenacted and shall have the effect of statutes enacted by the General Assembly of Georgia. Annotations; editorial notes; Code Revision Commission notes; research references; notes on law review articles; opinions of the Attorney General of Georgia; indexes; analyses; title, chapter, article, part, and subpart captions or headings, except as otherwise provided in the Code; catchlines of Code sections or portions thereof, except as otherwise provided in the Code; and rules and regulations of state agencies, departments, boards, commissions, or other entities which are contained in the Official Code of Georgia Annotated are not enacted as statutes by the provisions of this Act. Material which has been added in brackets or parentheses and editorial, delayed effective date, effect of amendment, or other similar notes within the text of a Code section by the editorial staff of the publisher in order to explain or to prevent a misapprehension concerning the contents of the Code section and which is explained in an editorial note is not enacted by the provisions of this section and shall not be considered a part of the Official Code of Georgia Annotated. The reenactment of the statutory portion of the Official Code of Georgia Annotated by this Act shall not affect, supersede, or repeal any Act of the General Assembly, or portion thereof, which is not contained in the Official Code of Georgia Annotated and which was not repealed by Code Section 1-1-10, specifically including those Acts which have not yet been included in the text of the Official Code of Georgia Annotated because of effective dates which extend beyond the effective date of the Code or the publication date of the Code or its supplements. The provisions contained in other sections of this Act and in the other Acts enacted at the 2003 regular session of the General Assembly of Georgia shall supersede the provisions of the Official Code of Georgia Annotated reenacted by this section.
SECTION 55. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 56. All laws and parts of laws in conflict 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 Amerson Y Anderson Y Ashe Y Bannister

Y Day Dean
Y Deloach Y Dix

Y Hill, C.A Y Hill, V Y Hines Y Holmes

Y Mobley Y Moraitakis
Morris Y Mosby

Y Sims Y Sinkfield Y Skipper Y Smith, B

THURSDAY, JANUARY 30, 2003

Y Barnard Y Barnes Y Beasley-Teague E Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Dodson Y Dollar Y Dooley Y Douglas E Drenner Y Dukes Y Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Houston Y Howard Y Howell
Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis
Lord Lucas Y Lunsford Y Maddox Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton E Millar Y Mills Y Mitchell

Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott E Shaw Y Sheldon Y Sholar

227
Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren
Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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

Representatives Hudson of the 95th and Mangham of the 62nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 105. By Representative Walker of the 115th:
A BILL to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in

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Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in Title 21 of the Official Code of Georgia Annotated; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague E Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas E Drenner Y Dukes Y Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell
Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton E Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis
Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott E Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren
Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 167, nays 0.

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229

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

Representatives Hudson of the 95th and Mangham of the 62nd 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 Willard of the 40th arose to a point of personal privilege and addressed the House.

Representative O`Neal of the 117th arose to a point of personal privilege and addressed the House.

Representative Forster of the 3rd, Post 1 arose to a point of personal privilege and addressed the House.

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

HB 10.

By Representatives Franklin of the 17th, Joyce of the 2nd and Amerson of the 9th:
A BILL to amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, the "Georgia Fiscal Note Act", so as to provide for a statement to be attached to any bill introduced which would result in the expenditure of state funds; to provide that any bill introduced without such statement attached shall be out of order; and for other purposes.

The following Resolution of the House was read:

HR 91. By Representatives Skipper of the 116th, Westmoreland of the 86th, Buck of the 112th, Porter of the 119th, Smyre of the 111th and others

A RESOLUTION

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Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Tuesday, February 4, 2003, and shall reconvene on Monday, February 10, 2003.
BE IT FURTHER RESOLVED that for the duration of the remainder of the 2003 session of the General Assembly until its adjournment sine die, unless otherwise provided by resolution of the General Assembly, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and shall reconvene on the Monday next following.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate; and the hour for convening the House on each such Monday may be as ordered by the House.

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague E Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell

Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard

Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

THURSDAY, JANUARY 30, 2003

Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

McBee Y McCall Y McClinton E Millar Y Mills Y Mitchell

Y Rynders Sailor
Y Scott E Shaw Y Sheldon Y Sholar

On the adoption of the Resolution, the ayes were 170, nays 0. The Resolution was adopted.

231
Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

The Speaker announced the House in recess until 5:00 P.M., at which time the House will stand adjourned until 10:00 o'clock A.M. the next legislative day.

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Representative Hall, Atlanta, Georgia Friday, January 31, 2003

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 Trisha Lyons Senterfitt, Associate Pastor, First Presbyterian Church, Atlanta, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 217. By Representatives Burkhalter of the 36th and Parham of the 94th:
A BILL to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle horns, exhaust systems, mirrors, windshields, tires, safety belts, and energy absorption systems, so as to require the use of certain child passenger restraints in motor vehicles; to change certain provisions relating to safety belts required as equipment and safety restraints for children four years of age or younger; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 218. By Representatives Burkhalter of the 36th, Jones of the 38th, Martin of the 37th, Campbell of the 39th and Wilkinson of the 41st:
A BILL to amend Part 1 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions of the State Road and Tollway Authority, so as to provide that any toll for SR 400 that is extended beyond the time necessary to pay off any debt associated with the construction of such route will be used only for maintenance of or improvements to such route or public roads connected with SR 400; and for other purposes.

Referred to the Committee on Transportation.

HB 219. By Representatives Hill of the 81st, Fludd of the 48th, Post 4, Lucas of the 105th, Buckner of the 82nd, Bridges of the 7th and others:
A BILL to amend Code Section 40-6-181 of the Official Code of Georgia Annotated, relating to maximum speed limits, so as to provide that the maximum speed limit for properly marked school zones shall be 25 miles per

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hour; and for other purposes.

Referred to the Committee on Public Safety.

HB 220. By Representative Channell of the 77th:
A BILL to amend Code Section 33-24-59.5 of the Official Code of Georgia Annotated, relating to timely payment of health benefits, notification of failure to pay, and penalty for violation, so as to expressly provide that the amount of any such penalty shall not apply toward any cap on benefits payable; and for other purposes.

Referred to the Committee on Insurance.

HB 221. By Representatives Smith of the 13th, Post 2, Parham of the 94th, Teper of the 42nd, Post 1, Coleman of the 118th, Porter of the 119th and others:
A BILL to amend Title 11 of the Official Code of Georgia Annotated, relating to the commercial code, so as to exclude a transaction between an owner and a dealer involving a single motor vehicle from the definition of "consignments" for purposes of Article 9 of said title; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that Chapter 3 of said title is applicable to transactions between an owner and dealer involving a single motor vehicle; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 222. By Representatives Douglas of the 73rd, Cooper of the 30th, Westmoreland of the 86th and Keen of the 146th:
A BILL to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials, so as to provide for a temporary, 10 percent salary reduction for certain officials; and for other purposes.

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Referred to the Committee on Appropriations.

HB 223. By Representative Channell of the 77th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to certain sales to nonprofit organizations engaged primarily in archeological exploration and preservation; and for other purposes.

Referred to the Committee on Ways & Means.

HB 224. By Representatives Dodson of the 84th, Post 1 and Barnes of the 84th, Post 2:
A BILL to amend Code Section 47-23-64 of the Official Code of Georgia Annotated, relating to the transfer of funds from the Employees' Retirement System of Georgia to the Georgia Judicial Retirement System by judges or district attorneys, so as to provide that such privilege shall extend to other members of such retirement system; and for other purposes.

Referred to the Committee on Retirement.

HB 225. By Representatives Coleman of the 118th, Parrish of the 102nd and Burkhalter of the 36th:
A BILL to amend Article 2 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the Geo. L. Smith II Georgia World Congress Center Authority Overview Committee, so as to change certain provisions relating to the creation, composition, officers, and duties of the committee; and for other purposes.

Referred to the Committee on Economic Development and Tourism.

HB 226. By Representatives Randall of the 107th, Harbin of the 80th and Jenkins of the 93rd:

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A BILL to amend Code Section 15-10-60 of the Official Code of Georgia Annotated, relating to the applicability of the article on violation of ordinances of county and state authorities and imposition of suspended sentences, so as to provide for increased jail punishment; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 227. By Representatives Heard of the 75th, McBee of the 74th and Rogers of the 15th:
A BILL to amend Code Section 27-5-5 of the Official Code of Georgia Annotated, relating to wild animals for which a license or permit is required, so as to provide for an exception for Bengal cats; and for other purposes.

Referred to the Committee on Game, Fish & Parks.

HB 228. By Representatives Borders of the 142nd, Royal of the 140th, Black of the 144th and Shaw of the 143rd:
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 revise and change the exemption with respect to the sale of certain school supplies, clothing, footwear, computers, and computer related accessories; and for other purposes.

1/30/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 228. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Borders District 142

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237

Referred to the Committee on Ways & Means.

HB 229. By Representatives Oliver of the 56th, Post 2, Willard of the 40th, Benfield of the 56th, Post 1, Bordeaux of the 125th and Campbell of the 39th:
A BILL to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to rewrite said title; to provide for definitions; to provide for the appointment, powers, duties, termination, resignation, removal, bond, annual returns and status reports, compensation, modification, and all matters relative to guardians; to amend Titles 15, 16, 24, 30, 31, and 53 of the Official Code of Georgia Annotated; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure shall not be required under Article 4 of Chapter 18 of Title 50; and for other purposes.

Referred to the Committee on Judiciary.

HB 230. By Representatives Jamieson of the 22nd, Reece of the 11th, Ashe of the 42nd, Post 2, Hugley of the 113th and Greene-Johnson of the 60th, Post 3:
A BILL to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to provide for a service retirement upon the attainment of 29 years of creditable service; and for other purposes.

Referred to the Committee on Retirement.

HB 231. By Representatives Jamieson of the 22nd, Reece of the 11th, Ashe of the 42nd, Post 2, Hugley of the 113th and Greene-Johnson of the 60th, Post 3:
A BILL to amend Code Section 47-3-127.1 of the Official Code of Georgia Annotated, relating to employment of retired teachers, so as to authorize the employment of any retired teacher who has retired on a service retirement with at least 30 years of creditable service or after attaining the age of 60 years; and for other purposes.

Referred to the Committee on Retirement.

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HB 232. By Representatives Jamieson of the 22nd, Reece of the 11th, Ashe of the 42nd, Post 2, Hugley of the 113th and Greene-Johnson of the 60th, Post 3:
A BILL to amend Code Section 47-3-41 of the Official Code of Georgia Annotated, relating to the annuity savings fund of the Teachers Retirement System of Georgia, so as to provide that the board of trustees of such retirement system shall be authorized, under certain conditions, to establish an employee's contribution rate at not less than 3 percent nor more than 6 percent of the member's compensation; and for other purposes.

Referred to the Committee on Retirement.

HB 233. By Representatives Jamieson of the 22nd, Reece of the 11th, Ashe of the 42nd, Post 2 and Greene-Johnson of the 60th, Post 3:
A BILL to amend Code Section 47-3-120 of the Official Code of Georgia Annotated, relating to allowance on service retirement in the Teachers Retirement System of Georgia, so as to increase the retirement allowance multiplier; and for other purposes.

Referred to the Committee on Retirement.

HB 234. By Representative Jamieson of the 22nd:
A BILL to amend Code Section 47-14-70 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits, additional or partial benefits, and election to provide both retirement and survivors benefits under the Superior Court Clerks' Retirement Fund, so as to provide that in the event a covered spouse predeceases a member who has elected survivors benefits, the benefit level shall be the same as if the member had not elected such benefits; and for other purposes.

Referred to the Committee on Retirement.

HB 235. By Representatives Jamieson of the 22nd, Reece of the 11th, Ashe of the 42nd, Post 2, Hugley of the 113th and Greene-Johnson of the 60th, Post 3:

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239

A BILL to amend Code Section 47-3-120 of the Official Code of Georgia Annotated, relating to allowance on service retirement in the Teachers Retirement System of Georgia, so as to eliminate a penalty for early retirement; and for other purposes.

Referred to the Committee on Retirement.

HB 236. By Representative Golick of the 34th, Post 3:
A BILL to amend Code Section 16-14-3 of the Official Code of Georgia Annotated, relating to definitions, so as to include insurance fraud within the definition of racketeering activity under the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act"; and for other purposes.

Referred to the Committee on Insurance.

HB 237. By Representatives Hanner of the 133rd, McCall of the 78th, Royal of the 140th, Smith of the 87th and Powell of the 23rd:
A BILL to amend Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional duties and powers of the State Soil and Water Conservation Commission, so as to provide for certain powers and duties related to water resources; to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to change certain provisions relating to permits for withdrawal, diversion, or impoundment of surface waters and monitoring, recording, and reporting water withdrawn by certain irrigation systems; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HR 92.

By Representative Bridges of the 7th:
A RESOLUTION compensating Ms. Mavis Blackstock; and for other purposes.

Referred to the Committee on Appropriations.

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

HB 193 HB 194 HB 195 HB 196 HB 197 HB 198 HB 199 HB 200 HB 201 HB 202 HB 203 HB 204 HB 205 HB 206

HB 207 HB 208 HB 209 HB 210 HB 211 HB 212 HB 213 HB 214 HB 215 HB 216 HR 88 HR 89 HR 90

Pursuant to Rule 52, Representative Borders of the 142nd moved that the following Bill of the House be engrossed:

HB 204. By Representatives Borders of the 142nd, Royal of the 140th, Black of the 144th, Shaw of the 143rd, Walker of the 115th and others:

A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of certain school supplies, clothing, footwear, computers, and computer related accessories for a limited period of time; and for other purposes.

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

N Amerson Y Anderson Y Ashe N Bannister N Barnard
Barnes Y Beasley-Teague Y Benfield
Birdsong Y Black

Day Y Dean Y Deloach N Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes

Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard N Howell Y Hudson Y Hugley Y Jackson

Mobley Y Moraitakis Y Morris
Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M

Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L
Smith, P Smith, T N Smith, V Smyre Y Snow

Y Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks
Broome N Brown Y Bruce Y Buck Y Buckner, D
Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper N Crawford N Cummings

FRIDAY, JANUARY 31, 2003

Ehrhart E Elrod
Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner N Golick E Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner N Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson N Hill, C

Y James Jamieson
Y Jenkins N Jones Y Jordan N Joyce N Keen N Knox Y Lane N Lewis
Lord Y Lucas N Lunsford Y Maddox
Mangham N Manning Y Marin N Martin N Massey N Maxwell Y McBee Y McCall Y McClinton E Millar N Mills Y Mitchell

E O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell N Ralston Y Randall Y Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders Y Sailor N Scott E Shaw N Sheldon Y Sholar

On the motion the ayes were 89, nays 67. The motion was lost.

241
Y Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas, A N Thomas, A.M Y Thompson Y Twiggs Y Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix
Yates Coleman, Speaker

Representative Mangham of the 62nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Pursuant to Rule 52, Representative Buck of the 112th moved that the following Bill of the House be engrossed:

HB 207. By Representatives Buck of the 112th, Smyre of the 111th, Smith of the 110th, Buckner of the 109th and Hugley of the 113th:
A BILL to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain provisions regarding the joint county or municipal sales and use tax and provide for an optional rate increase to 2 percent with respect to imposition by consolidated

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governments; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Day of the 126th moved that the following Resolution of the House be engrossed:

HR 88.

By Representatives Day of the 126th, Stephens of the 123rd, Bordeaux of the 125th and Purcell of the 122nd:
A RESOLUTION designating the Jim Gillis-Historic Savannah Parkway; and for other purposes.

The motion prevailed.

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

Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 91. By Representatives Skipper of the 116th, Westmoreland of the 86th, Buck of the 112th, Porter of the 119th, Smyre of the 111th and others:
A RESOLUTION relative to adjournment; and for other purposes.

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

HR 93.

By Representatives Hines of the 35th, Coleman of the 65th, Hudson of the 95th and Ashe of the 42nd, Post 2:
A RESOLUTION commending the Professional Association of Georgia

FRIDAY, JANUARY 31, 2003

243

Educators (PAGE) and recognizing "PAGE Day on Capitol Hill" and inviting the officers of PAGE to appear before the House; and for other purposes.

HR 94.

By Representatives Dollar of the 31st and Parsons of the 29th:
A RESOLUTION commending the Pope High School Lady Greyhounds soccer team and inviting the coaches and players of the Pope High School Lady Greyhounds soccer team to appear before the House of Representatives; and for other purposes.

HR 95.

By Representatives Heard of the 75th, Watson of the 60th, Post 2 and Hill of the 81st:
A RESOLUTION honoring the Most Worshipful Prince Hall Grand Lodge of Free and Accepted Masons of Georgia and the Order of the Eastern Star and inviting the members to appear before the House of Representatives; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 96.

By Representatives Williams of the 128th, Keen of the 146th, Barnard of the 121st, Post 1, Stephens of the 124th, Post 2, Mosley of the 129th, Post 1 and others:
A RESOLUTION honoring the Reverend James "JC" Shipman on the occasion of his 20th anniversary celebration; and for other purposes.

HR 97.

By Representative Ralston of the 6th:
A RESOLUTION expressing regret at the passing of Earl "Buck" Benson, Jr.; and for other purposes.

HR 98.

By Representatives Murphy of the 14th, Post 2, Knox of the 14th, Post 1 and Jones of the 38th:
A RESOLUTION recognizing and commending Lanierland Music Park; and for other purposes.

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HR 99.

By Representatives Orrock of the 51st, Thomas of the 33rd, Post 2, Harrell of the 54th and Stephenson of the 60th, Post 1:
A RESOLUTION commending the students of 21st Century Leaders and recognizing 21st Century Leaders Day at the Capitol; and for other purposes.

HR 100. By Representative Hembree of the 46th:
A RESOLUTION recognizing February 2-8, 2003, as "2003 Home Education Week" in Georgia; and for other purposes.

HR 101. By Representative Smyre of the 111th:
A RESOLUTION proclaiming February, 2003, as "African American Railroader Month" in Georgia; and for other purposes.

HR 102. By Representatives Smith of the 13th, Post 2 and Cummings of the 19th:
A RESOLUTION commending Admiral John Henry "Jack" Towers; and for other purposes.

HR 103. By Representative Drenner of the 57th:
A RESOLUTION recognizing and commending the Clarkston High School Band; and for other purposes.

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

The Speaker called the House to order.

The hour of convening the Joint Session pursuant to HR 32 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Honorable Norman S. Fletcher, Chief Justice of the Supreme Court, was called to order by the President of the Senate, Lieutenant Governor Mark Taylor.

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245

The Resolution calling for the Joint Session was read.

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

Senator Price of the 56th moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The President of the Senate, Lieutenant Governor Mark Taylor, announced the Joint Session dissolved.

The Speaker called the House to order.

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

HR 105. By Representatives Jackson of the 124th, Post 1, Childers of the 13th, Post 1, Bordeaux of the 125th and Henson of the 55th:
A RESOLUTION commending Georgia's dental hygienists; recognizing Dental Hygienists' Appreciation Day on February 7, 2003; and inviting certain dental hygienists to appear before the House of Representatives; and for other purposes.

Representative Smyre of the 111th 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 56 Do Pass

Respectfully submitted,

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/s/ Smyre of the 111th Chairman

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 3, 2003.

MONDAY, FEBRUARY 3, 2003

247

Representative Hall, Atlanta, Georgia Monday, February 3, 2003

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

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

Amerson Ashe Bannister Barnard Barnes Beasley-Teague Black Boggs Borders Bridges Brock Brooks Brown Bruce Buck Buckner, D Bunn Burkhalter Burmeister Butler Campbell Casas Chambers Channell Childers Coleman, B Cooper Crawford Cummings Deloach

Dix Dodson Dollar Dooley Douglas Drenner Ehrhart E Elrod Epps Fleming Floyd, H Floyd, J Fludd Forster Franklin Gardner Golick Graves, D Graves, T Greene Hanner Harbin Harper Harrell Heard, J Heath Hembree Henson Hill, C Hill, C.A

Hill, V Hines Holmes Houston Howard Howell Hudson Hugley James Jenkins Jones Jordan Joyce Knox Lane Lewis Lord Lucas Maddox Mangham Manning Marin Martin Massey Maxwell McCall Millar Mills Mitchell Mobley

Morris Mosby Mosley Murphy, Q Noel Oliver, B Oliver, M O'Neal Orrock Parham Parrish Parsons Porter Powell Purcell Ralston Randall Ray Reece, B Reece, S Rice Richardson Roberts, J Roberts, L Rogers, C Rogers, Ch. Royal Rynders Scott Shaw

Sheldon Sholar Sinkfield Skipper Smith, B Smith, L Smith, P Smith, V Stanley-Turner Stephens, R Stephenson Stokes Stoner Teilhet Teper Thomas, A Thomas, A.M Thompson Twiggs Walker, L Walker, R.L Warren Watson White Wilkinson Williams, A Williams, E Williams, R Wix Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Anderson of the 100th, Benfield of the 56th, Post 1, Birdsong of the 104th, Broome of the 141st, Post 2, Buckner of the 82nd, Coan of the 67th, Post 1, Day of the 126th, Dukes of the 136th, Greene-Johnson of the 60th, Post 3, Heard of the 75th, Heckstall of the 48th, Post 3, Jackson of the 124th, Post 1, Keen of the 146th, Lunsford of the 85th, Post 2, McBee of the 74th, McClinton of the 59th, Post 1, Moraitakis of the 42nd, Post 4, Sailor of the 61st, Post 1, Smyre of the 111th, Stephens of the 124th, Post 2,

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Westmoreland of the 86th, and Yates of the 85th, Post 1. They wish to be recorded as present.

Prayer was offered by the Reverend Yvette Massey, Associate Pastor, Cascade United Methodist Church, Atlanta, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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

HB 26.

By Representatives Broome of the 141st, Post 2, Sholar of the 141st, Post 1, Morris of the 120th, Barnard of the 121st, Post 1, Black of the 144th and others:

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249

A BILL to amend Code Section 12-3-621 of the Official Code of Georgia Annotated, relating to prohibited acts as to archeological, aboriginal, prehistoric, or historic sites, notification of the state archeologist before beginning the investigation or disturbance of a site, and penalties, so as to provide an exemption from the prohibition against disturbing certain submerged archeological, aboriginal, prehistoric, or historic sites; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 238. By Representatives Willard of the 40th, Walker of the 115th and Campbell of the 39th:
A BILL to amend Chapter 1 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to evidence, so as to provide for certificates related to the testing of certain substances; to provide for the admission of such certificates as evidence; to provide for a pretrial hearing upon motions related to the admission of such certificates; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 239. By Representatives Lunsford of the 85th, Post 2, Westmoreland of the 86th, Campbell of the 39th, Keen of the 146th and Maddox of the 59th, Post 2:
A BILL to amend Code Section 42-4-7 of the Official Code of Georgia Annotated, relating to inmate records and earned time allowances in county correctional facilities, so as to change provisions relating to earned time allowances; to increase the maximum amount of earned time which may be awarded when an inmate does work on an authorized work detail; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 240. By Representatives Lunsford of the 85th, Post 2, Westmoreland of the 86th, Campbell of the 39th, Rogers of the 15th, Keen of the 146th and others:

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A BILL to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, and Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize the imposition and collection of a technology and indigent defense fee for the filing of certain cases and the imposition of certain fines; to specify the uses to which such fees may be put; and for other purposes.

Referred to the Committee on Judiciary.

HB 241. By Representatives Houston of the 139th, Sinkfield of the 50th, Greene of the 134th, Oliver of the 56th, Post 2, Lucas of the 105th and others:
A BILL to amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting child abuse, so as to require a parent or guardian of a child to report sexual abuse or sexual exploitation of the child by another member of the child's household; and for other purposes.

Referred to the Committee on Children & Youth.

HB 242. By Representatives McCall of the 78th, Day of the 126th, Skipper of the 116th and Westmoreland of the 86th:
A BILL to amend Chapter 16 of Title 12 of the Official Code of Georgia Annotated, relating to environmental policy, so as to require the publication of detailed statements of rationale for certain new or amended environmental regulations or other related actions of state government; to provide for the effect of noncompliance with such publication requirement; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 243. By Representatives Noel of the 44th, Bruce of the 45th, Marin of the 66th, Hill of the 81st, Stephenson of the 60th, Post 1 and others:
A BILL to amend Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions and other agencies, so as to create the Georgia Martin Luther King, Jr. Commission; and for other purposes.

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251

Referred to the Committee on Rules.

HB 244. By Representatives Beasley-Teague of the 48th, Post 2, Fludd of the 48th, Post 4 and Heckstall of the 48th, Post 3:
A BILL to amend Code Section 12-6-24 of the Official Code of Georgia Annotated, relating to providing notice of timber harvesting operations, so as to change certain provisions relating to effect on local regulation of timber harvesting operations; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

HB 245. By Representative Channell of the 77th:
A BILL to amend an Act to change the method of electing members for the Board of Education of Putnam 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 246. By Representatives Birdsong of the 104th and Jenkins of the 93rd:
A BILL 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; and for other purposes.

Referred to the Committee on Judiciary.

HB 247. By Representatives Broome of the 141st, Post 2, Morris of the 120th, Mosley of the 129th, Post 1, Barnard of the 121st, Post 1, Black of the 144th and others:

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A BILL to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain provisions relating to license, permit, tag, and stamp fees; to change certain provisions relating to season and bag limits, promulgation of rules and regulations by the board, possession of more than bag limit, and reporting number of deer killed; to provide for licensing of commercial deer hunting preserves; and for other purposes.

Referred to the Committee on Game, Fish & Parks.

HB 248. By Representative Channell of the 77th:
A BILL to amend an Act creating the board of commissioners for Putnam County,as so to change the description of the commissioner districts; and for other purposes.

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

HB 249. By Representatives Buck of the 112th, Smyre of the 111th, Buckner of the 109th, Smith of the 110th and Hugley of the 113th:
A BILL to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain provisions regarding the joint county or municipal sales and use tax and provide for an optional rate increase to 2 percent with respect to imposition by consolidated governments; to provide for imposition of such tax at the rate of 2 percent by consolidated governments; and for other purposes.

1/31/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 249. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Buck District 112

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Referred to the Committee on Ways & Means.

HB 250. By Representatives Borders of the 142nd, Royal of the 140th, Black of the 144th and Shaw of the 143rd:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of certain school supplies, clothing, footwear, computers, and computer related accessories for a limited period of time; and for other purposes.

1/31/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 250. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Borders District 142

Referred to the Committee on Ways & Means.

HB 251. By Representatives Borders of the 142nd, Black of the 144th, Buck of the 112th, McBee of the 74th and Wix of the 33rd, Post 1:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales of tickets for admission to athletic events of any unit of the University System of Georgia; and for other purposes.

1/31/2003 Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes

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notice of a motion to engross HB 251. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Borders District 142

Referred to the Committee on Ways & Means.

HB 252. By Representatives Morris of the 120th, Watson of the 60th, Post 2 and Harrell of the 54th:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit with respect to qualified health insurance expenses; and for other purposes.

Referred to the Committee on Ways & Means.

HB 253. By Representative Hembree of the 46th:
A BILL to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs, so as to require all public schools in this state to recognize Celebrate Freedom Week each year; to provide a time for such recognition; to provide for instruction in the intent, meaning, and importance of the Declaration of Independence during such week; and for other purposes.

Referred to the Committee on Education.

HB 254. By Representatives White of the 3rd, Post 2, Smith of the 129th, Post 2, Westmoreland of the 86th, Keen of the 146th, Boggs of the 145th and others:
A BILL to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to department, commissioner, and board of human resources, so as to provide for a Choose Life adoption support program; to provide for a trust fund to support the program; to authorize the commissioner to administer the program; to amend Article 2 of Chapter 2 of

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255

Title 40 of the Official Code of Georgia Annotated, relating to registraton and licensing of motor vehicles generally, so as to provide for special license plates promoting a Choose Life adoption support program; and for other purposes.

Referred to the Committee on Children & Youth.

HB 255. By Representatives Hill of the 81st, Marin of the 66th, Floyd of the 69th, Post 2, Casas of the 68th, Sinkfield of the 50th and others:
A BILL to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to superior court fees and construction of other fee provisions, so as to provide that interpreters are provided to petitioners in temporary protective order hearings; and for other purposes.

Referred to the Committee on Judiciary.

HB 256. By Representatives Broome of the 141st, Post 2, Sholar of the 141st, Post 1, Skipper of the 116th, Westmoreland of the 86th, Drenner of the 57th and others:
A BILL to amend Chapter 2 of Title 30 of the Official Code of Georgia Annotated, relating to the Georgia Industries for the Blind, so as to provide that any state officer or employee may purchase products manufactured by the industries; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 257. By Representative Reece of the 11th:
A BILL to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the green treefrog as the official state amphibian; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

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HB 258. By Representatives Royal of the 140th, Buck of the 112th, Hanner of the 133rd, Scott of the 138th, Lane of the 101st and others:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to repeal the sales and user tax exemption with respect to eligible foods and beverages for off-premises consumption; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the allocation of certain revenue to fund homeowner tax relief grants; and for other purposes.

Referred to the Committee on Ways & Means.

HB 259. By Representative Channell of the 77th:
A BILL to amend Code Section 33-24-59.5 of the Official Code of Georgia Annotated, relating to timely payment of health benefits, notification of failure to pay, and penalty for violation, so as to expressly provide that the amount of any such penalty shall not apply toward any cap on benefits payable; and for other purposes.

1/31/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 259. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Channell District 77

Referred to the Committee on Insurance.

HB 260. By Representatives Forster of the 3rd, Post 1, White of the 3rd, Post 2 and Twiggs of the 8th:
A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic so as to provide for registration, titling,

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and operation of certain off-road vehicles; to change certain provisions relating to registration and license requirements and penalties; to change certain provisions relating to operating restrictions for off-road vehicles; and for other purposes.

Referred to the Committee on Motor Vehicles.

HR 104. By Representatives Howard of the 98th, Coleman of the 118th, Murphy of the 97th, Warren of the 99th, Childers of the 13th, Post 1 and others:
A RESOLUTION recognizing and commending Honorable Jack Connell and designating the Jack Connell Parkway; and for other purposes.

Referred to the Committee on Transportation.

HR 106. By Representatives Chambers of the 53rd, Watson of the 60th, Post 2, Greene-Johnson of the 60th, Post 3, Stephenson of the 60th, Post 1, Mangham of the 62nd and others:
A RESOLUTION honoring the memory of Sheriff-elect Derwin Brown and designating the Sheriff-elect Derwin Brown Memorial Bridge; and for other purposes.

Referred to the Committee on Transportation.

HR 107. By Representative Black of the 144th:
A RESOLUTION designating the Staff Sgt. Avely W. Runnels Memorial Highway; and for other purposes.

1/31/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 107. This notice is made prior to or upon reading the

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Resolution the first time.

/s/ Representative Black District 144

Referred to the Committee on Transportation.

HR 108. By Representatives Royal of the 140th, Buck of the 112th, Hanner of the 133rd, Scott of the 138th, Lane of the 101st and others:
A RESOLUTION proposing an amendment to the Constitution so as to allocate not less than 50 percent of the revenue from the state sales and use tax with respect to the sale of food and beverages for off-premises consumption to fund property tax relief through the homeowner's incentive adjustment; and for other purposes.

Referred to the Committee on Ways & Means.

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

HB 217 HB 218 HB 219 HB 220 HB 221 HB 222 HB 223 HB 224 HB 225 HB 226 HB 227

HB 228 HB 229 HB 230 HB 231 HB 232 HB 233 HB 234 HB 235 HB 236 HB 237 HR 92

Pursuant to Rule 52, Representative Borders of the 142nd moved that the following Bill of the House be engrossed:

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259

HB 228. By Representatives Borders of the 142nd, Royal of the 140th, Black of the 144th and Shaw of the 143rd:

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 revise and change the exemption with respect to the sale of certain school supplies, clothing, footwear, computers, and computer related accessories; and for other purposes.

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

N Amerson Y Anderson Y Ashe N Bannister N Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome N Brown
Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers
Coan N Coleman, B N Cooper
Crawford Y Cummings

N Day Dean
Y Deloach N Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner
Dukes N Ehrhart E Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner N Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner N Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson N Hill, C

N Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson
James Jamieson Y Jenkins N Jones Y Jordan N Joyce N Keen N Knox Y Lane N Lewis Lord Lucas N Lunsford Y Maddox Mangham N Manning Y Marin N Martin N Massey N Maxwell Y McBee Y McCall Y McClinton N Millar N Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby
Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell N Ralston Y Randall Y Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders Y Sailor N Scott Y Shaw N Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P
Smith, T N Smith, V Y Smyre
Snow Y Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix
Yates Coleman, Speaker

On the motion the ayes were 94, nays 68.

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The motion prevailed.

Representative Smyre of the 111th 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 93 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

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

HR 56.

By Representatives Ray of the 108th, Royal of the 140th, Black of the 144th and James of the 114th:
A RESOLUTION recognizing and commending the Georgia Farm Bureau Federation and inviting its president to appear before the House of Representatives; and for other purposes.

HR 93.

By Representatives Hines of the 35th, Coleman of the 65th, Hudson of the 95th and Ashe of the 42nd, Post 2:
A RESOLUTION commending the Professional Association of Georgia Educators (PAGE) and recognizing "PAGE Day on Capitol Hill" and inviting the officers of PAGE to appear before the House; and for other purposes.

The following Resolutions of the House were read and adopted:

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261

HR 109. By Representatives Moraitakis of the 42nd, Post 4 and Wilkinson of the 41st:
A RESOLUTION to commend Sano Themia Halo and Thea Halo; and for other purposes.

HR 110. By Representatives Parsons of the 29th, Teilhet of the 34th, Post 2, Stoner of the 34th, Post 1, Manning of the 32nd and Ehrhart of the 28th:
A RESOLUTION congratulating Sarah Wyatt, Miss Cobb County 2003; and for other purposes.

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

HR 111. By Representatives Watson of the 60th, Post 2, Drenner of the 57th, Mosby of the 59th, Post 3, Jackson of the 124th, Post 1, Howell of the 92nd and others:
A RESOLUTION recognizing Community Health Centers Day and inviting designated representatives of the community health centers to appear before the House of Representatives; and for other purposes.

HR 112. By Representatives McBee of the 74th, Heard of the 75th, Wix of the 33rd, Post 1 and Smith of the 76th:
A RESOLUTION commending the 2002 University of Georgia football team and inviting Head Coach Mark Richt and others to appear before the House of Representatives; and for other purposes.

HR 113. By Representatives McBee of the 74th, Heard of the 75th and Smith of the 76th:
A RESOLUTION commending Johnathan N. Haley as the winner of the 2002 Georgia Occupational Award of Leadership and inviting him to appear before this body; and for other purposes.
HR 114. By Representatives McBee of the 74th, Heard of the 75th and Smith of the 76th:

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A RESOLUTION recognizing and comending the Athens Chamber of Commerce on its 100th anniversary and inviting representatives to appear before this body; and for other purposes.

Representative Ray of the 108th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 108 Do Pass HB 174 Do Pass

Respectfully submitted, /s/ Ray of the 108th
Chairman

Representative Floyd of the 132nd District, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks and Banking has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 142 Do Pass, by Substitute

Respectfully submitted, /s/ Floyd of the 132nd
Chairman

The Speaker announced the House in recess until 5:00 P.M., at which time the House will stand adjourned until 10:00 o'clock A.M. the next legislative day.

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263

Representative Hall, Atlanta, Georgia Tuesday, February 4, 2003

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

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

Amerson Anderson Ashe Bannister Barnard Benfield Birdsong Black Boggs Bordeaux Borders Bridges Brock Brooks Broome Brown Bruce Buck Buckner, D Bunn Campbell Chambers Channell Childers Coleman, B Cooper Crawford Cummings Day Dean

Deloach Dix Dodson Dollar Dooley Douglas Drenner Dukes Ehrhart E Elrod Epps Fleming Floyd, H Floyd, J Fludd Forster Franklin Gardner Graves, D Graves, T Greene Hanner Harbin Heard, J Heath E Heckstall Hembree Hill, C Hill, C.A Hill, V

Hines Houston Howard Howell Hugley Jackson Jamieson Jones Jordan Joyce Keen Knox Lane Lewis Lord Lunsford Mangham Marin Martin Massey Maxwell McBee McCall Mills Mitchell Moraitakis Mosby Mosley Murphy, J

Murphy, Q Noel Oliver, B O'Neal Orrock Parham Parrish Parsons Porter Purcell Ralston Randall Ray Reece, B Reece, S Rice Richardson Roberts, J Roberts, L Rogers, C Rogers, Ch. Royal Rynders Scott Shaw Sheldon Sholar Sims Sinkfield

Skipper Smith, L Smith, P Smith, T Smith, V Smyre Snow Stanley-Turner Stephens, E Stephens, R Stephenson Stokes Stoner Teilhet Teper Thomas, A Thompson Twiggs Walker, L Warren Westmoreland White Wilkinson Willard Williams, A Williams, E Williams, R Wix Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Beasley-Teague of the 48th, Post 2, Buckner of the 82nd, Burkhalter of the 36th, Burmeister of the 96th, Butler of the 88th, Post 1, Casas of the 68th, Coan of the 67th, Post 1, Golick of the 34th, Post 3, Greene-Johnson of the 60th, Post 3, Harper of the 88th, Post 2, Harrell of the 54th, Heard of the 75th, Henson of the 55th, Holmes of the 48th, Post 1, Hudson of the 95th, James of the 114th, Jenkins of the 93rd, Lucas of the 105th, Manning of the 32nd, McClinton of the 59th, Post 1, Millar of the 52nd, Mobley

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of the 58th, Morris of the 120th, Oliver of the 56th, Post 2, Sailor of the 61st, Post 1, Smith of the 76th, Thomas of the 43rd, Post 1, Walker of the 71st, Post 1, Watson of the 60th, Post 2, and Yates of the 85th, Post 1.
They wish to be recorded as present.

Prayer was offered by the Reverend Gerry M. Davis, Pastor, Dahlonega United Methodist Church, Dahlonega, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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

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265

HB 261. By Representatives Parham of the 94th, Stephens of the 123rd, Parrish of the 102nd, Twiggs of the 8th and Graves of the 106th:
A BILL to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listings of controlled substances and dangerous drugs; to provide for exempt over-thecounter controlled substances; to prohibit office based opioid treatment by dispensing any controlled substance to a patient with opioid addiction; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 262. By Representative Parsons of the 29th:
A BILL to amend Code Section 36-70-24 of the Official Code of Georgia Annotated, relating to criteria for service delivery strategy development, so as to provide that utility franchise fees or taxes collected by municipalities from unincorporated residents or property owners shall offset the cost of certain services provided by a county to residents or property owners in the unincorporated areas of the county; and for other purposes.

Referred to the Committee on Public Utilities.

HB 263. By Representatives Smith of the 13th, Post 2, Noel of the 44th, Stephens of the 123rd and Burmeister of the 96th:
A BILL to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to change the provisions relating to the Department of Transportation's participation with state funds in mass transportation systems and services and in the construction and improvement of facilities, equipment, and capital projects for use in mass transportation service; and for other purposes.

Referred to the Committee on Transportation.

HB 264. By Representative Ehrhart of the 28th:

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A BILL to amend Code Section 9-11-17 of the Official Code of Georgia Annotated, relating to parties in civil actions, so as to provide that a guardian ad litem shall have a qualified immunity against any civil liability arising out of performance of his or her duties as guardian ad litem; to provide for consideration of such qualified immunity in determining whether to grant attorney's fees and expenses of litigation for a frivolous claim; and for other purposes.

Referred to the Committee on Judiciary.

HB 265. By Representatives Buck of the 112th, Hugley of the 113th, Buckner of the 109th, Smith of the 110th and Smyre of the 111th:
A BILL to amend an Act establishing the Municipal Court of Columbus, so as to change the compensation of the judge, clerk, and marshal of that court; and for other purposes.

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

HB 266. By Representatives Cummings of the 19th, Black of the 144th, Williams of the 61st, Post 2 and McBee of the 74th:
A BILL to amend Code Section 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits paid upon normal, early, or delayed retirement under the Public School Employees Retirement Fund, so as to provide that, under certain conditions, the board of trustees of such retirement fund may increase the retirement benefit; to clarify the effect of specific appropriations in amounts less than that required to fund fully the maximum level of benefits; and for other purposes.

Referred to the Committee on Retirement.

HB 267. By Representatives Cummings of the 19th, Black of the 144th, Williams of the 61st, Post 2 and McBee of the 74th:
A BILL to amend Code Section 47-3-41 of the Official Code of Georgia Annotated, relating to the annuity savings fund of the Teachers Retirement

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267

System of Georgia, so as to provide that the board of trustees of such retirement system shall be authorized, under certain conditions, to establish an employee's contribution rate at not less than 3 percent nor more than 6 percent of the member's compensation; and for other purposes.

Referred to the Committee on Retirement.

HB 268. By Representatives Cummings of the 19th, Black of the 144th, Williams of the 61st, Post 2 and McBee of the 74th:
A BILL to amend Article 3 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to membership in and contributions to the Peace Officers' Annuity and Benefit Fund, so as to increase the amount of dues paid by members of such fund; and for other purposes.

Referred to the Committee on Retirement.

HB 269. By Representatives Lewis of the 12th, Graves of the 10th, Cummings of the 19th, Smith of the 13th, Post 2 and Childers of the 13th, Post 1:
A BILL to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, so as to provide for a fourth judge of the superior courts of the Cherokee Judicial Circuit; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; and for other purposes.

Referred to the Committee on Judiciary.

HB 270. By Representatives Cummings of the 19th, Black of the 144th, Williams of the 61st, Post 2 and McBee of the 74th:
A BILL to amend Code Section 47-11-70 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement benefits and early retirement under the Judges of the Probate Courts Retirement Fund, so as to provide that if a member submits his or her application for retirement more than 90 days following the date he or she leaves service, benefits shall

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begin on the first day of the month after such application was submitted; and for other purposes.

Referred to the Committee on Retirement.

HB 271. By Representatives Jordan of the 83rd, Greene of the 134th and Williams of the 61st, Post 2:
A BILL to amend Code Section 20-2-212 of the Official Code of Georgia Annotated, relating to compensation of certificated professional personnel under the "Quality Basic Education Act," so as to change provisions relating to local salary supplements; to provide that where a local salary supplement is based on experience, the experience credited to an employee shall be the same number of years credited to that employee for purposes of the state minimum salary; and for other purposes.

Referred to the Committee on Education.

HB 272. By Representatives Bannister of the 70th, Post 1, Parsons of the 29th, Rice of the 64th, Williams of the 61st, Post 2 and Mitchell of the 61st, Post 3:
A BILL to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions regarding penal institutions, so as to change certain provisions relating to the home arrest program; to authorize additional types of supervision; to authorize home arrest for pretrial arrestees; to change the qualifications for home arrest programs; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 273. By Representatives Skipper of the 116th, Oliver of the 56th, Post 2 and Bordeaux of the 125th:
A BILL to amend Part 3 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction and venue of juvenile courts, so as to change certain provisions relating to jurisdiction of juvenile courts; to change certain provisions relating to appointment of guardians and

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transfer of custody and support questions from superior courts; and for other purposes.

Referred to the Committee on Judiciary.

HB 274. By Representatives Jordan of the 83rd, Birdsong of the 104th, Hill of the 81st, Thomas of the 43rd, Post 1, Mobley of the 58th and others:
A BILL to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special and distinctive license plates for retired veterans of any branch of the active reserve components or the National Guard; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 275. By Representatives Jordan of the 83rd, Williams of the 61st, Post 2, Thomas of the 43rd, Post 1, Greene of the 134th, Stephens of the 124th, Post 2 and others:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to enact a bill of rights for Georgia teachers; and for other purposes.

Referred to the Committee on Education.

HB 276. By Representatives Coleman of the 65th, Cummings of the 19th, Mills of the 67th, Post 2, McBee of the 74th and Smith of the 110th:
A BILL to amend Article 6 of Chapter 4 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, retirement allowances, and disability benefits under the Public School Employees Retirement System, so as to reduce the normal retirement age to 60; to provide for retirement without regard to age with 30 years of creditable service; and for other purposes.

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Referred to the Committee on Retirement.

HB 277. By Representatives Drenner of the 57th, Orrock of the 51st, Henson of the 55th, Mosby of the 59th, Post 3, Gardner of the 42nd, Post 3 and others:
A BILL to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to enact the "Georgia Public Service Employees' Occupational Safety and Health Act"; to ensure that all public employees can be provided with safe and healthful work environments free from recognized hazards; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 278. By Representatives Beasley-Teague of the 48th, Post 2, Skipper of the 116th, Mobley of the 58th and Brooks of the 47th:
A BILL to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to provide that when disclosure reports and other documents are filed under said Act, the envelope, package, or wrapping in which the document was delivered for filing shall be maintained with the filed document; and for other purposes.

Referred to the Committee on Rules.

HB 279. By Representatives Moraitakis of the 42nd, Post 4 and Stephens of the 123rd:
A BILL to amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to provide for the use of certain electronic or computer devices in playing bingo; to provide for lease of bingo equipment from organizations not licensed to conduct bingo games; and for other purposes.

Referred to the Committee on Regulated Beverages.

HB 280. By Representatives Bannister of the 70th, Post 1, Parsons of the 29th, Ehrhart of the 28th, Manning of the 32nd, Dix of the 70th, Post 2 and others:

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271

A BILL to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate honoring the Boy Scouts of America; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 281. By Representatives Jordan of the 83rd, Thomas of the 43rd, Post 1, Walker of the 115th and Hugley of the 113th:
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 offer driver education as an elective course; to provide for funding from local funds, students fees, and state funding; and for other purposes.
Referred to the Committee on Education.
HB 282. By Representatives Bannister of the 70th, Post 1, Sheldon of the 71st, Post 2, Rice of the 64th, Walker of the 71st, Post 1, Heard of the 70th, Post 3 and others:
A BILL to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each circuit, so as to create a new ninth judgeship for the Gwinnett Judicial Circuit; to provide for the initial appointment, election, and term of office of said judge; and for other purposes.
Referred to the Committee on Judiciary.
HB 283. By Representatives Wilkinson of the 41st, Bridges of the 7th, Jones of the 38th, Butler of the 88th, Post 1, Orrock of the 51st and others:
A BILL to amend Code Section 40-6-395 of the Official Code of Georgia Annotated, relating to motor vehicle drivers fleeing or attempting to elude police officers, so as to change certain provisions relating to punishment for

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violations; to provide that fleeing or attempting to elude a police officer while driving a motor vehicle under the influence of alcohol, drugs, or other intoxicating substances shall be a felony; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 284. By Representatives Cummings of the 19th, Orrock of the 51st, Dodson of the 84th, Post 1, Thomas of the 33rd, Post 2 and Gardner of the 42nd, Post 3:
A BILL to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to change the membership of the Georgia Board of Dentistry; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 285. By Representatives Stokes of the 72nd, Westmoreland of the 86th, Rogers of the 20th, Drenner of the 57th, James of the 114th and others:
A BILL to amend Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional duties and powers of the State Soil and Water Conservation Commission, so as to provide for implementation of an education and training program; to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to change certain provisions relating to powers and duties of the Board of Natural Resources and the director of the Environmental Protection Division of the Department of Natural Resources as to control of water pollution and surface-water use generally; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 286. By Representatives White of the 3rd, Post 2, Smith of the 129th, Post 2, Westmoreland of the 86th, Keen of the 146th, Boggs of the 145th and others:
A BILL to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to department, commissioner, and board of human resources, so as to provide for a Choose Life adoption support program; to provide for a trust fund to support the program; to authorize the

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commissioner to administer the program; 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 a Choose Life adoption support program; and for other purposes.

Referred to the Committee on Children & Youth.

HR 115. By Representative Greene of the 134th:
A RESOLUTION designating that new portion of US 82 within the corporate limits of the City of Georgetown as Martin Luther King, Jr., Bypass; and for other purposes.

Referred to the Committee on Transportation.

By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee:

HB 287. By Representatives Buck of the 112th, Hugley of the 113th, Buckner of the 109th, Smyre of the 111th and Smith of the 110th:
A BILL to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain provisions regarding the joint county or municipal sales and use tax and provide for an optional rate increase to 2 percent with respect to imposition by consolidated governments; to provide for imposition of such tax at the rate of 2 percent by consolidated governments; and for other purposes.

2/4/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 287. This notice is made prior to or upon reading the Bill the first time.

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/s/ Representative Buck District 112

Referred to the Committee on Ways & Means.

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

HB 26 HB 238 HB 239 HB 240 HB 241 HB 242 HB 243 HB 244 HB 245 HB 246 HB 247 HB 248 HB 249 HB 250

HB 251 HB 252 HB 253 HB 254 HB 255 HB 256 HB 257 HB 258 HB 259 HB 260 HR 104 HR 106 HR 107 HR 108

Pursuant to Rule 52, Representative Buck of the 112th moved that the following Bill of the House be engrossed:

HB 249. By Representatives Buck of the 112th, Smyre of the 111th, Buckner of the 109th, Smith of the 110th and Hugley of the 113th:
A BILL to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain provisions regarding the joint county or municipal sales and use tax and provide for an optional rate increase to 2 percent with respect to imposition by consolidated governments; to provide for imposition of such tax at the rate of 2 percent by consolidated governments; and for other purposes.

The motion prevailed.

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275

Pursuant to Rule 52, Representative Borders of the 142nd moved that the following Bill of the House be engrossed:

HB 250. By Representatives Borders of the 142nd, Royal of the 140th, Black of the 144th and Shaw of the 143rd:

A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of certain school supplies, clothing, footwear, computers, and computer related accessories for a limited period of time; and for other purposes.

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

N Amerson Y Anderson Y Ashe N Bannister N Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper
Crawford Y Cummings

N Day Dean Deloach
N Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart E Elrod Y Epps N Fleming Y Floyd, H
Floyd, J Y Fludd N Forster N Franklin Y Gardner N Golick N Graves, D N Graves, T
Greene Greene-Johnson Y Hanner N Harbin N Harper Y Harrell N Heard, J Y Heard, K Heath E Heckstall Hembree Y Henson N Hill, C

N Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James
Jamieson Y Jenkins N Jones Y Jordan N Joyce N Keen N Knox Y Lane N Lewis Y Lord Y Lucas N Lunsford
Maddox Y Mangham N Manning Y Marin N Martin N Massey N Maxwell Y McBee Y McCall Y McClinton N Millar N Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock
Parham Y Parrish
Parsons Y Porter Y Powell Y Purcell N Ralston Y Randall Y Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L
Rogers, C N Rogers, Ch. Y Royal N Rynders Y Sailor N Scott
Shaw N Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A
Thomas, A.M Y Thompson Y Twiggs
Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

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On the motion the ayes were 94, nays 65. The motion prevailed.

Representative Shaw of the 143rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Pursuant to Rule 52, Representative Borders of the 142nd moved that the following Bill of the House be engrossed:

HB 251. By Representatives Borders of the 142nd, Black of the 144th, Buck of the 112th, McBee of the 74th and Wix of the 33rd, Post 1:

A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales of tickets for admission to athletic events of any unit of the University System of Georgia; and for other purposes.

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

N Amerson Y Anderson Y Ashe N Bannister N Barnard Y Barnes Y Beasley-Teague Y Benfield
Birdsong Y Black
Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister

N Day Dean Deloach
N Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart E Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner N Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson

N Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins N Jones Y Jordan N Joyce N Keen N Knox Y Lane N Lewis Y Lord
Lucas N Lunsford
Maddox Y Mangham

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock
Parham Y Parrish
Parsons Y Porter Y Powell Y Purcell N Ralston Y Randall Y Ray Y Reece, B N Reece, S N Rice N Richardson

Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A
Thomas, A.M Y Thompson Y Twiggs
Walker, L N Walker, R.L Y Warren

N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper
Crawford Y Cummings

TUESDAY, FEBRUARY 4, 2003

Y Hanner Harbin
N Harper Y Harrell N Heard, J Y Heard, K N Heath E Heckstall N Hembree Y Henson N Hill, C

Manning Y Marin N Martin N Massey N Maxwell Y McBee Y McCall Y McClinton N Millar N Mills Y Mitchell

N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders Y Sailor N Scott Y Shaw N Sheldon Y Sholar

On the motion the ayes were 97, nays 67. The motion prevailed.

277
Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, 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 "nay" thereon.

Pursuant to Rule 52, Representative Channell of the 77th moved that the following Bill of the House be engrossed:

HB 259. By Representative Channell of the 77th:
A BILL to amend Code Section 33-24-59.5 of the Official Code of Georgia Annotated, relating to timely payment of health benefits, notification of failure to pay, and penalty for violation, so as to expressly provide that the amount of any such penalty shall not apply toward any cap on benefits payable; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Black of the 144th moved that the following Resolution of the House be engrossed:

HR 107. By Representative Black of the 144th: A RESOLUTION designating the Staff Sgt. Avely W. Runnels Memorial

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Highway; and for other purposes.

The motion prevailed.

Representative Smyre of the 111th 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 111 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

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

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 4, 2003

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 12th Legislative Day as enumerated below:

HB 142

Fair Lending Act; amend provisions

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

Respectfully submitted, /s/ Smyre of the 111th
Chairman

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279

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

Mr. Speaker:

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

SB 7.

By Senators Jackson of the 50th, Mullis of the 53rd, Butler of the 55th, Starr of the 44th and Gillis of the 20th:

A BILL to be entitled an Act to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to provide for the licensure and regulation of air ambulance services; to provide for definitions; to exempt air ambulances and air ambulance services from a certain program; to establish requirements for licensure; to provide for application for licensure; to require ambulances to comply with standards; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 9. By Senators Johnson of the 1st and Thomas of the 2nd:

A BILL to be entitled an Act to amend an Act creating the State Court of Chatham County, approved December 18, 1819 (Ga. L. 1819, p. 16), as amended, so as to provide for an additional judge of the State Court of Chatham County; to provide for the election, powers, duties, jurisdiction, privileges, immunities, and compensation of said additional judge; to authorize the governing authority of Chatham County to provide facilities, office space, supplies, equipment, and personnel for said judge; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

SB 7.

By Senators Jackson of the 50th, Mullis of the 53rd, Butler of the 55th, Starr of the 44th and Gillis of the 20th:
A BILL to be entitled an Act to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to provide for the licensure and regulation of air ambulance services; to provide

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for definitions; to exempt air ambulances and air ambulance services from a certain program; to establish requirements for licensure; to provide for application for licensure; to require ambulances to comply with standards; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Governmental Affairs.

SB 9.

By Senators Johnson of the 1st and Thomas of the 2nd:
A BILL to be entitled an Act to amend an Act creating the State Court of Chatham County, approved December 18, 1819 (Ga. L. 1819, p. 16), as amended, so as to provide for an additional judge of the State Court of Chatham County; to provide for the election, powers, duties, jurisdiction, privileges, immunities, and compensation of said additional judge; to authorize the governing authority of Chatham County to provide facilities, office space, supplies, equipment, and personnel for said judge; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

HR 111. By Representatives Watson of the 60th, Post 2, Drenner of the 57th, Mosby of the 59th, Post 3, Jackson of the 124th, Post 1, Howell of the 92nd and others:
A RESOLUTION recognizing Community Health Centers Day and inviting designated representatives of the community health centers to appear before the House of Representatives; and for other purposes.

The following Resolution of the House was read and adopted:

HR 116. By Representatives Snow of the 1st, Boggs of the 145th, Bridges of the 7th, Forster of the 3rd, Post 1 and Hill of the 81st:

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281

A RESOLUTION commending the firefighters of Georgia and observing the 31st annual Firefighters' Recognition Day; and for other purposes.

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

HB 142. By Representatives Floyd of the 132nd, Shaw of the 143rd, Parrish of the 102nd, Royal of the 140th, Channell of the 77th and others:
A BILL to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to amend the "Georgia Fair Lending Act"; to provide for revisions to certain definitions; to provide for changes in limitations on late payment charges; to specify when a reasonable, tangible net benefit occurs; to provide for reasonable attorney's fees; to provide for certain exceptions and limitations consistent with federal law; to provide the Department of Banking and Finance with express authority to promulgate rules and regulations; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to amend the "Georgia Fair Lending Act"; to provide for revisions to certain definitions; to provide for changes in limitations on late payment charges; to specify when a reasonable, tangible net benefit occurs; to clarify that certain home loan refinancing shall not be presumed to be a flipping; to provide for reasonable attorneys fees; to provide for liability of creditors for violations of the Act; to provide for certain exceptions and limitations consistent with federal law; to provide the Department of Banking and Finance with express authority to promulgate rules and regulations; to provide for good faith reliance on guidance from the Department of Banking and Finance; 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 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by striking Chapter 6A, the "Georgia Fair Lending Act," and inserting in its

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place the following:
"CHAPTER 6A
7-6A-1. This chapter shall be known and may be cited as the 'Georgia Fair Lending Act.'
7-6A-2. As used in this chapter, the term:
(1) 'Acceleration' means a demand for immediate repayment of the entire balance of a home loan. (2) 'Affiliate' means any company that controls, is controlled by, or is under common control with another company, as set forth in 12 U.S.C. Section 1841, et seq. (3) 'Annual percentage rate' means the annual percentage rate for the loan calculated at closing according to the provisions of 15 U.S.C. Section 1606, the regulations promulgated thereunder by the Board of Governors of the Federal Reserve System, 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

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lien, the higher of (I) four percentage points above prime rate or (II) two percentage points above the required net yield for a 90 day standard mandatory delivery commitment for a home loan with a reasonably comparable term from either the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, whichever is greater, or (ii) for a home loan secured by a junior lien, the higher of (I) five and one-half percentage points above prime rate or (II) three percentage points above the required net yield for a 90 day standard mandatory delivery commitment for a loan with a reasonably comparable term from either the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, whichever is greater; (B) The total points and fees payable in connection with the loan, excluding not more than two bona fide discount points, exceed 3 percent of the total loan amount; or (C) The home loan is such that it is considered a high-cost home loan under this chapter. (6)(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 for compensation 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. A creditor shall not include: (A) a servicer; (B) an assignee; (C) a purchaser; or (D) any state or local housing finance agency or any other state or local governmental or quasigovernmental entity. (6) (7) '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) (17) of this Code section. (9) (8) '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) A a reverse mortgage transaction,; (B) A a loan that provides bridge temporary financing for the acquisition of land by the borrower and initial construction of a borrowers dwelling thereon or the initial construction of a borrowers dwelling on land owned by the borrower,;

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(C) A bridge loan made to a borrower pending the sale of the borrowers principal dwelling or a temporary loan made to a borrower and secured by the borrowers principal dwelling pending the borrowers obtaining permanent financing for such principal dwelling; (D) A loan secured by personal property including, but not limited to, a motor vehicle, motor home, boat, or watercraft and also secured by the borrowers principal dwelling to provide the borrower with potential income tax advantages when such personal property is the primary collateral for such loan; (E) A new loan secured by a borrowers principal dwelling as a result of a lien taken in connection with a debt previously contracted or incurred when the loan documents for such new loan do not include a mortgage, security deed, or deed to secure debt expressly securing such new loan; or (F) A a loan primarily for business, agricultural, or commercial purposes. (10) (9) '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) (10) 'Manufactured home' means a structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length or, when erected on site is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when erected on land secured in conjunction with the real property on which the manufactured home is located and connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of the United States Department of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. Such term does not include rental property or second homes or manufactured homes when not secured in conjunction with the real property on which the manufactured home is located. (12) (11) '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) (12) '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 for items under 12 C.F.R. 226.4(c)(7) the creditor does not receive direct or indirect compensation in connection with the charge and the charge is not paid to an affiliate

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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 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. Mortgage interest that may accrue in advance of payment in full of a loan made under a local, state, or federal government sponsored mortgage insurance or guaranty program, including a Federal Housing Administration program, shall not be considered to be a prepayment fee or penalty; (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

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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; (iii) Bona fide fees paid to a federal or state government agency that insures payment of some portion of a home loan, including, but not limited to, the Federal Housing Administration, the Department of Veterans Affairs, the United States Department of Agriculture for rural development loans, or the Georgia Housing and Finance Authority; and (iv) Notwithstanding any provision to the contrary in this chapter, compensation in the form of premiums, commissions, or similar charges paid to a creditor or any affiliate of a creditor for the sale of: (I) title insurance; or (II) insurance against loss of or damage to property or against liability arising out of the ownership or use of property, 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) (13) 'Process,' 'processes,' or 'processing' means to act as a processor. (16) (14) '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) (15) 'Servicer' means the same as set forth in 24 C.F.R. 3500.2. (18) (16) 'Servicing' means the same as set forth in 24 C.F.R. 3500.2. (19) (17) '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.

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(20) (18) '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 amount calculated as set forth in 12 C.F.R. 226.32(a) and under the Official Staff Commentary of the Board of Governors of the Federal Reserve System. 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 as the amount financed. (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-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; 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 particular late payment and. If a late payment charge is deducted from a payment made on the home loan and such deduction results in a subsequent default on a subsequent payment, 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 imposed for such default. A lender may apply any payment made in the order of maturity to a prior periods payment due even if the result is late payment charges accruing on subsequent payments due; and (4) No creditor or servicer may charge a fee for informing or transmitting to any

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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. (a) No creditor may knowingly or intentionally engage in the unfair act or practice of 'flipping' a home loan. Flipping occurs when a creditor makes a covered a home loan is the consummating of a 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 (b) Subject to subsection (c) of this Code section, a presumption of reasonable, tangible net benefit to the borrower occurs when any one of the following occurs:
(1) The borrowers monthly payment to pay the new consolidated debt will be lower than the total of all monthly obligations being financed, taking into account costs and fees; or (2) There is a beneficial change for the borrower in the duration of the loan; or (3) The borrower receives a reasonable amount of cash in excess of and in relation to the costs and fees as part of the refinancing; or (4) There is a change from an adjustable rate loan to a fixed rate loan taking into account costs and fees; or (5) At the time the home loan is consummated, the borrowers total monthly debts, including amounts due under the home loan, do not exceed 50 percent of the borrowers monthly gross income as verified by tax returns, payroll receipts, or other third-party income verification. (c) 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. Notwithstanding any provision to the contrary contained in this chapter, home loan refinancing transactions of first mortgage loans originated by, purchased by, or assigned to the Georgia Housing and Finance Authority shall not be presumed to be a flipping under this subsection. (d) Notwithstanding any provision to the contrary contained in this chapter, in any action instituted by a borrower who alleges that the defendant violated this Code section, the presiding judge may, in the judges discretion, allow reasonable attorneys

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fees to the prevailing party, such attorneys fees to be taxed as a part of the court costs and payable by the losing party upon a finding by the presiding judge that the party charged with the violation has willfully engaged in the act or practice and there was unwarranted refusal by such party to fully resolve the matter which constitutes the basis of such action.
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; (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

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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 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

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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 attorneys 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 attorneys 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 indebtedness. This paragraph does not prohibit acceleration of the loan in good faith

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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 high-cost 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 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 attorneys fees. (b) A borrower may be granted injunctive, declaratory, and such other equitable relief

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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 high-cost 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 under a high-cost home loan 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 high-cost home loan agreement paid into the registry of the court as said payments are made; provided, however, that, if the borrower claims that he or she is entitled to all or any part of the funds and such claim is an issue of controversy in the litigation, the court shall order the clerk to pay to the creditor or any person the creditor may designate without delay only that portion of the funds to which the borrower has made no claim in the proceedings or may make such other order as is appropriate under the circumstances. That part of the funds which is a matter of controversy in the litigation shall remain in the registry of the court until a determination of the issues by the trial court. If either party appeals the decision of the trial court, that part of the funds equal to any sums found by the trial court to be due from the creditor or servicer to the borrower shall remain in the registry of the court until a final determination of the issues. The court shall order the clerk to pay to the creditor or any person the creditor may designate without delay the remaining funds in court and all payments of future home loan payments made into court pursuant to paragraph (1) of this subsection unless the borrower can show good cause that some or all of such payments should remain in court pending a final determination of the issues. (c) The remedies provided in this chapter shall be cumulative.

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(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 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,

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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 municipality or county dependent upon the terms of home loans originated or serviced by such person or entity.
7-6A-12. The provisions of this chapter shall not apply to any bank, trust company, savings and loan, savings bank, or credit union, respectively, that is chartered under the laws of this state or any other state only to the extent federal law precludes or preempts or has been determined to preclude or preempt the application of the provisions of this chapter to any federally chartered bank, trust company, savings and loan, savings bank, or credit union, respectively, and such federal preclusion or preemption shall apply only to the same type of state chartered entity as the federally chartered entity affected.
7-6A-13. Without limitations on the power conferred by Chapter 1 of this title, the Department of Banking and Finance shall have the authority to promulgate rules and regulations not inconsistent with law for the enforcement of this chapter to effectuate the purposes of this chapter and to clarify the meaning of terms. In complying with this chapter, a

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creditors good faith reliance on any formal or informal written guidance of the Department of Banking and Finance previously made available to the general public shall constitute prima-facie evidence of compliance with this chapter. The provisions of this Code section shall apply even if, following the reliance, such guidance is amended, rescinded, or determined by any judicial or other authority to be invalid."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representatives Smyre of the 111th et al. move to amend the Committee substitute to HB 142 by striking line 35 on page 7 and inserting in its place the following:
"calculated and paid on a periodic monthly basis that are not added to the principal of the loan shall".

Representative Skipper of the 116th et al. move to amend the Committee substitute to HB 142 by striking line 34 on page 8 and inserting in its place the following:
"(2) There is a beneficial change for the borrower in the duration of the loan, taking into account costs and fees; or".

The following amendment was read:

Representative Barnard of the 121st, Post 1 et al. move to amend the House Committee substitute to HB 142 by striking line 24 of page 8 and inserting in lieu thereof the following:
""flipping" a home loan. Flipping occurs when a creditor makes a covered a high-cost loan is the".
By striking line 8 of page 9 and inserting in lieu thereof the following: "covered home high-cost loan refinances an existing home loan that was consummated

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within the".

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

Y Amerson N Anderson N Ashe
Bannister Y Barnard N Barnes N Beasley-Teague N Benfield Y Birdsong Y Black Y Boggs N Bordeaux N Borders Y Bridges Y Brock N Brooks N Broome Y Brown N Bruce N Buck N Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers N Channell
Childers Y Coan Y Coleman, B Y Cooper Y Crawford N Cummings

Y Day Dean
Y Deloach Y Dix N Dodson Y Dollar N Dooley Y Douglas N Drenner N Dukes Y Ehrhart E Elrod N Epps Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin N Gardner Y Golick Y Graves, D Y Graves, T N Greene N Greene-Johnson N Hanner Y Harbin Y Harper N Harrell Y Heard, J N Heard, K Y Heath E Heckstall Y Hembree N Henson Y Hill, C

Y Hill, C.A N Hill, V Y Hines N Holmes Y Houston N Howard N Howell N Hudson N Hugley N Jackson N James Y Jamieson N Jenkins Y Jones N Jordan Y Joyce Y Keen Y Knox N Lane Y Lewis Y Lord
Lucas Y Lunsford N Maddox N Mangham Y Manning N Marin Y Martin Y Massey Y Maxwell N McBee N McCall N McClinton Y Millar Y Mills N Mitchell

N Mobley N Moraitakis Y Morris N Mosby N Mosley Y Murphy, J N Murphy, Q Y Noel N Oliver, B Y Oliver, M Y O'Neal N Orrock N Parham N Parrish
Parsons N Porter N Powell N Purcell Y Ralston N Randall Y Ray N Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J N Roberts, L Y Rogers, C Y Rogers, Ch. N Royal Y Rynders N Sailor Y Scott N Shaw Y Sheldon N Sholar

N Sims N Sinkfield N Skipper Y Smith, B Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre
Snow N Stanley-Turner
Stephens, E Y Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas, A N Thomas, A.M N Thompson N Twiggs Y Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 82, nays 88. The amendment was lost.

Representative Oliver of the 56th, Post 2 stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

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

Representative Dean of the 49th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Barnard of the 121st, Post 1 moved that the House reconsider its action in failing to adopt the Barnard amendment.

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

Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes N Beasley-Teague N Benfield Y Birdsong Y Black Y Boggs N Bordeaux N Borders Y Bridges Y Brock N Brooks Y Broome Y Brown N Bruce N Buck N Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers N Channell N Childers Y Coan Y Coleman, B Y Cooper Y Crawford N Cummings

Y Day Dean
Y Deloach Y Dix N Dodson Y Dollar N Dooley Y Douglas N Drenner N Dukes Y Ehrhart E Elrod N Epps Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin N Gardner Y Golick Y Graves, D Y Graves, T Y Greene N Greene-Johnson N Hanner Y Harbin Y Harper N Harrell Y Heard, J N Heard, K Y Heath E Heckstall Y Hembree N Henson Y Hill, C

Y Hill, C.A N Hill, V Y Hines N Holmes Y Houston N Howard N Howell N Hudson N Hugley N Jackson N James Y Jamieson N Jenkins Y Jones N Jordan Y Joyce Y Keen Y Knox N Lane Y Lewis Y Lord Y Lucas Y Lunsford N Maddox N Mangham Y Manning N Marin Y Martin Y Massey Y Maxwell Y McBee N McCall N McClinton
Millar Y Mills N Mitchell

N Mobley N Moraitakis Y Morris N Mosby N Mosley Y Murphy, J N Murphy, Q Y Noel Y Oliver, B N Oliver, M Y O'Neal N Orrock N Parham N Parrish Y Parsons N Porter N Powell N Purcell Y Ralston N Randall N Ray N Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J N Roberts, L Y Rogers, C Y Rogers, Ch. N Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon N Sholar

Y Sims N Sinkfield N Skipper Y Smith, B Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre
Snow N Stanley-Turner N Stephens, E Y Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas, A N Thomas, A.M N Thompson N Twiggs Y Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Coleman, Speaker

On the motion, the ayes were 89, nays 85.

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The motion prevailed.

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

Representative Dean of the 49th 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.

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

Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes N Beasley-Teague N Benfield Y Birdsong Y Black Y Boggs N Bordeaux N Borders Y Bridges Y Brock N Brooks Y Broome Y Brown N Bruce N Buck N Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers N Channell N Childers Y Coan Y Coleman, B Y Cooper Y Crawford N Cummings

Y Day Dean
Y Deloach Y Dix
Dodson Y Dollar N Dooley Y Douglas N Drenner N Dukes Y Ehrhart E Elrod N Epps Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin N Gardner Y Golick Y Graves, D Y Graves, T Y Greene N Greene-Johnson N Hanner Y Harbin Y Harper N Harrell Y Heard, J N Heard, K Y Heath E Heckstall Y Hembree N Henson Y Hill, C

Y Hill, C.A N Hill, V Y Hines N Holmes Y Houston N Howard N Howell N Hudson N Hugley N Jackson N James Y Jamieson N Jenkins Y Jones N Jordan Y Joyce Y Keen Y Knox N Lane Y Lewis
Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning N Marin Y Martin Y Massey Y Maxwell N McBee Y McCall N McClinton Y Millar Y Mills N Mitchell

N Mobley N Moraitakis Y Morris N Mosby N Mosley Y Murphy, J N Murphy, Q Y Noel N Oliver, B N Oliver, M Y O'Neal N Orrock N Parham N Parrish Y Parsons N Porter N Powell N Purcell Y Ralston N Randall N Ray N Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J N Roberts, L Y Rogers, C Y Rogers, Ch. N Royal Y Rynders N Sailor Y Scott N Shaw Y Sheldon N Sholar

Y Sims N Sinkfield N Skipper
Smith, B Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre
Snow N Stanley-Turner N Stephens, E Y Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas, A N Thomas, A.M N Thompson N Twiggs Y Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E
Williams, R N Wix Y Yates
Coleman, Speaker

On the re-adoption of the Barnard amendment, the ayes were 83, nays 88.

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The amendment was lost.

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

Representative Dean of the 49th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

The Committee substitute, as amended, was adopted.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre
Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard

Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

TUESDAY, FEBRUARY 4, 2003

Y Heard, K Y Heath E Heckstall Y Hembree Y Henson Y Hill, C

Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

301
Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 175, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representatives Dean of the 49th and Snow of the 1st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 142 was ordered immediately transmitted to the Senate.

The following Resolutions of the House were read and adopted:

HR 117. By Representatives Lunsford of the 85th, Post 2, Greene-Johnson of the 60th, Post 3, Watson of the 60th, Post 2, Yates of the 85th, Post 1, Mosby of the 59th, Post 3 and others:
A RESOLUTION commending Erin A. Mordecai; and for other purposes.

HR 118. By Representatives Lunsford of the 85th, Post 2, Greene-Johnson of the 60th, Post 3, Watson of the 60th, Post 2, Yates of the 85th, Post 1, Mosby of the 59th, Post 3 and others:
A RESOLUTION commending Stephen Bain; and for other purposes.
HR 119. By Representatives Beasley-Teague of the 48th, Post 2, Mangham of the 62nd, Teper of the 42nd, Post 1, Brooks of the 47th, Powell of the 23rd and others:
A RESOLUTION honoring the life and memory of Ilan Ramon and expressing condolences to his family; and for other purposes.

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HR 120. By Representatives Benfield of the 56th, Post 1, Ashe of the 42nd, Post 2, Randall of the 107th, Drenner of the 57th, Orrock of the 51st and others:
A RESOLUTION recognizing February 6, 2003, as "Girls and Women in Sports Day" and commending Georgia's outstanding female athletes; and for other purposes.

HR 121. By Representative Thomas of the 43rd, Post 1:
A RESOLUTION recognizing and honoring the teachers of English Avenue Elementary School; and for other purposes.

HR 122. By Representative Buckner of the 109th:
A RESOLUTION commending Mrs. Frances Baldwin Maxwell; and for other purposes.

HR 123. By Representatives Boggs of the 145th, Shaw of the 143rd, Ehrhart of the 28th, Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A RESOLUTION commending Hayden Augustus Markette on becoming an Eagle Scout; and for other purposes.

HR 124. By Representatives Rogers of the 20th, Amerson of the 9th, Reece of the 21st and Mills of the 67th, Post 2:
A RESOLUTION commending the seniors of the Gainesville High School Red Elephants baseball team; and for other purposes.

HR 125. By Representatives Greene of the 134th, Ray of the 108th, Purcell of the 122nd and Houston of the 139th:
A RESOLUTION recognizing the Future Farmers of America Organization's 75th anniversary and saluting its members; and for other purposes.

HR 126. By Representatives Birdsong of the 104th, Coleman of the 118th, Buck of the 112th, Smyre of the 111th, Porter of the 119th and others:

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A RESOLUTION honoring the crew of the Space Shuttle Columbia and expressing condolences to their families; and for other purposes.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 127. By Representatives Hugley of the 113th, Thomas of the 33rd, Post 2, Randall of the 107th, Smyre of the 111th, Epps of the 90th and others:
A RESOLUTION recognizing Alpha Kappa Alpha Day at the Capitol on February 17, 2003, and inviting the Regional Connection Coordinator, Marjorie Young, to appear before the House of Representatives; and for other purposes.
The following communication was received:
House of Representatives Atlanta
State Capitol, Room 135 Atlanta, Georgia 30334
February 3, 2003
Mr. Robbie Rivers, Clerk House of Representatives State Capitol, Room 307 Atlanta, GA 30334
Dear Mr. Rivers,
This letter is to explain and advise that I was not in the House Chambers for Roll Call on Monday, February 3, 2003 due to stomach illness. I was unable to call your office to have my machine locked prior to the roll call vote. I did come into the Capitol at 2:00 PM for my State Planning & Community Affairs Committee Meeting at 3:00 PM.
Sincerely,

304
/s/ Tommy Smith/JB Tommy Smith
TS/jb

JOURNAL OF THE HOUSE

Representative Bordeaux of the 125th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 91 Do Pass, by Substitute

Respectfully submitted, /s/ Bordeaux of the 125th
Chairman

Representative Snow of the 1st District, Chairman of the Committee on Public Safety, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 140 Do Pass HB 158 Do Pass, as Amended HB 166 Do Pass

Respectfully submitted, /s/ Snow of the 1st
Chairman
Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 10, 2003.

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305

Representative Hall, Atlanta, Georgia Monday, February 10, 2003

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

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

Amerson Ashe Bannister Barnard Barnes Beasley-Teague Benfield Birdsong Boggs Bordeaux Borders Bridges Brock Brooks Broome Brown Bruce Buck Buckner, D Buckner, G Bunn Burkhalter Burmeister Campbell Casas Chambers Channell Childers Coan Coleman, B Cummings

Day Deloach Dodson Dollar Douglas Drenner Ehrhart E Elrod Epps Fleming Floyd, J Fludd Forster Franklin Gardner Golick Graves, D Graves, T Greene Greene-Johnson Hanner Harbin Heard, J Heard, K Heath E Heckstall Hembree Henson Hill, C Hill, C.A Hill, V

Hines Holmes Houston Howard Howell Hugley Jackson James Jamieson Jones Jordan E Knox Keen Lane Lewis Lord Lucas Lunsford Maddox Mangham Manning Marin Martin Massey Maxwell McBee McCall E Mills Mitchell Mobley Moraitakis

Mosby Mosley Murphy, J Murphy, Q Noel Oliver, B Oliver, M O'Neal Orrock Parham Parrish Parsons Porter Powell Purcell Ralston Ray Reece, B Reece, S Rice Richardson Roberts, J Roberts, L Rogers, Ch. Royal Rynders Scott Shaw Sheldon Sholar

Sims Sinkfield Skipper Smith, B Smith, L Smith, P Smith, T Smith, V Snow Stephens, R Stoner Teilhet Teper Thomas, A Thomas, A.M Thompson Twiggs Walker, L Walker, R.L Warren Watson Westmoreland White Wilkinson Willard Williams, A Williams, E Williams, R Wix Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Anderson of the 100th, Black of the 144th, Butler of the 88th, Post 1, Cooper of the 30th, Crawford of the 91st, Dean of the 49th, Dooley of the 33rd, Post 3, Dukes of the 136th, Floyd of the 69th, Post 2, Harrell of the 54th, Heckstall of the 48th, Post 3, Hudson of the 95th, Jenkins of the 93rd, Joyce of the 2nd, McClinton of the 59th, Post 1, Millar of the 52nd, Morris of the 120th, Randall of the 107th, Rogers of the 20th,

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Smyre of the 111th, Stanley-Turner of the 43rd, Post 2, Stephens of the 124th, Post 2, Stokes of the 72nd, and Yates of the 85th, Post 1.
They wish to be recorded as present.

Prayer was offered by the Reverend E. C. Tillman, Pastor, Shiloh Baptist Church, Brunswick, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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

HB 288. By Representative Boggs of the 145th:

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307

A BILL to amend an Act creating the Ware County Water and Sewer Authority, so as to change the name of the authority; to change the number of persons initially appointed to the authority; to change the method of appointing successors to and filling vacancies on the authority; and for other purposes.

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

HB 289. By Representatives Smith of the 110th, Coleman of the 65th, Barnard of the 121st, Post 1 and Dodson of the 84th, Post 1:
A BILL to amend Code Section 45-20-16 of the Official Code of Georgia Annotated, relating to sick and personal leave for public officers and employees, so as to provide for restoration of certain forfeited sick leave after return to service for two consecutive years; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 290. By Representatives Rogers of the 20th, Royal of the 140th and Hanner of the 133rd:
A BILL to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to current use assessment for ad valorem taxation of bona fide conservation use property, so as to include undeveloped riverside or streamside lands within buffer zones established by law or local ordinance as eligible for such assessment; and for other purposes.

Referred to the Committee on Ways & Means.

HB 291. By Representative Ashe of the 42nd, Post 2:
A BILL to amend Code Section 50-5-67 of the Official Code of Georgia Annotated, relating to competitive bidding procedures with respect to the Department of Administrative Services, so as to provide that certain powers of the commissioner of administrative services shall not terminate; and for other purposes.

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Referred to the Committee on State Institutions & Property.

HB 292. By Representative Williams of the 4th:
A BILL to amend Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the membership of superior court judges, district attorneys, assistant district attorneys, and employees of the Prosecuting Attorneys' Council in the Employees' Retirement System of Georgia, so as to provide that an assistant district attorney who is a member of the Employees' Retirement System of Georgia may obtain creditable service for certain prior service as an assistant district attorney; and for other purposes.

Referred to the Committee on Retirement.

HB 293. By Representatives Purcell of the 122nd, Ray of the 108th, Oliver of the 121st, Post 2, James of the 114th and Crawford of the 91st:
A BILL to amend Article 3 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to honeybees, so as to change certain provisions relating to inspection of colonies and duty to register as colony owner; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

HB 294. By Representatives Jamieson of the 22nd, Oliver of the 56th, Post 2, Brooks of the 47th, Houston of the 139th and Greene of the 134th:
A BILL to amend Code Section 48-7-103 of the Official Code of Georgia Annotated, relating to quarterly, monthly, and jeopardy returns, so as to increase the threshold for filing monthly returns; and for other purposes.

Referred to the Committee on Ways & Means.

HB 295. By Representatives Butler of the 88th, Post 1, Smith of the 76th, Thompson of the 69th, Post 1, Burmeister of the 96th and Bordeaux of the 125th:

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A BILL to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs relative to quality basic education, so as to require certification of personnel providing educational interpreting for hearing impaired students in local school systems or state operated school programs; and for other purposes.
Referred to the Committee on Education.
HB 296. By Representatives Wilkinson of the 41st and Holmes of the 48th, Post 1:
A BILL to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to use of safety belts in passenger vehicles, so as to provide that occupants of pickup trucks and vehicles equipped for off-road use must be restrained by a seat belt; to provide that occupants of front and back seats must be secured by a seat belt; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 297. By Representatives Lunsford of the 85th, Post 2, Yates of the 85th, Post 1, Broome of the 141st, Post 2, Crawford of the 91st, Howell of the 92nd and others:
A BILL to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for an additional county local option sales and use tax; to provide for authorization for imposition and levy; to provide for procedures and conditions; to provide for powers, duties, and authority of the county governing authority and the county election superintendent; and for other purposes.
Referred to the Committee on Ways & Means.
HB 298. By Representatives Ashe of the 42nd, Post 2, McClinton of the 59th, Post 1, Gardner of the 42nd, Post 3, Brooks of the 47th, Beasley-Teague of the 48th, Post 2 and others:
A BILL to amend Code Section 48-7-40 of the Official Code of Georgia

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Annotated, relating to income tax credits for certain business enterprises in designated less developed areas, so as to provide for such credits with respect to any business in certain additional designated areas; and for other purposes.

Referred to the Committee on Ways & Means.

HB 299. By Representatives Westmoreland of the 86th, Boggs of the 145th, Walker of the 115th, Reece of the 21st and Crawford of the 91st:
A BILL to amend Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries, so as to provide the state and the accused with same number of peremptory challenges in misdemeanor, felony, and death penalty cases, and in challenging alternate jurors; to amend Code Section 17-8-4 of the Official Code of Georgia Annotated, relating to the procedure for trial of jointly indicated defendants, so as to provide the state with an equal number of additional peremptory challenges; and for other purposes.

Referred to the Committee on Judiciary.

HB 300. By Representatives Bannister of the 70th, Post 1 and Cummings of the 19th:
A BILL to amend Code Section 47-6-42 of the Official Code of Georgia Annotated, relating to election as to coverage under the Georgia Legislative Retirement System and related matters, so as to provide that members of the General Assembly shall have a one-time opportunity to elect membership in such retirement system; to provide that any person making such election may obtain creditable service for prior service by paying all employer and employee contributions with interest; and for other purposes.

Referred to the Committee on Retirement.

HB 301. By Representative Crawford of the 91st:
A BILL to amend Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to executions and judicial sales, so as to provide for limitation of damages in civil actions by successful bidders for property sold

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311

in certain judicial and certain nonjudicial sales that are later rescinded; and for other purposes.

Referred to the Committee on Judiciary.

HB 302. By Representative Noel of the 44th:
A BILL to amend Code Section 40-6-14, relating to limits on sound volume produced by radio, tape player, or other mechanical sound-making device or instrument from within the motor vehicle, so as to provide that local authorities may establish standards regulating sound from a motor vehicle; to provide that local governments may establish noise control standards prohibiting sound from radio, tape player, or other sound-making device that is plainly audible from a distance less than 100 feet from the motor vehicle; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 303. By Representatives Birdsong of the 104th, Purcell of the 122nd, Porter of the 119th, Smyre of the 111th, Roberts of the 135th and others:
A BILL to amend Part 3 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the state defense force, so as to provide that the state defense force is authorized to use certain state property; and for other purposes.

Referred to the Committee on Defense & Veterans Affairs.

HB 304. By Representatives Purcell of the 122nd, Greene of the 134th, Powell of the 23rd, Crawford of the 91st and Lord of the 103rd:
A BILL to amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water well standards, so as to change certain provisions relating to definitions; to change certain provisions relating to powers and duties of the State Water Well Standards Advisory Council; to change certain provisions relating to licensing of water well contractors generally, applications for trainee licenses, and related violations; and for

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other purposes.

Referred to the Committee on Governmental Affairs.

HB 305. By Representatives Walker of the 71st, Post 1 and Manning of the 32nd:
A BILL to amend Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to exercise of the power of eminent domain for special purposes, so as to prohibit the use of the power of eminent domain to acquire any property for the construction of an electric transmission line without the issuance of a certificate of public convenience and necessity by the Public Service Commission; and for other purposes.

Referred to the Committee on Judiciary.

HB 306. By Representative Dean of the 49th:
A BILL to amend Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to executions and judicial sales, so as to prohibit the sale of tax executions; to make it unlawful to sell such tax executions; and for other purposes.

Referred to the Committee on Ways & Means.

HB 307. By Representatives Ray of the 108th, James of the 114th, Black of the 144th and Purcell of the 122nd:
A BILL to amend Code Section 43-45-9 of the Official Code of Georgia Annotated, relating to examination for certification as a structural pest control operator, evidence from applicants as to employment of qualified operators, and insurance requirements, so as to change certain provisions relating to insurance requirements; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

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HB 308. By Representative Channell of the 77th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to certain sales to nonprofit organizations engaged primarily in archeological exploration and preservation; and for other purposes.

2/5/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 308. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Channell District 77

Referred to the Committee on Ways & Means.

HB 309. By Representative Twiggs of the 8th:
A BILL to amend Code Section 36-62-5.1 of the Official Code of Georgia Annotated, relating to joint development authorities, so as to authorize the creation and activation of a joint development authority between a county of this state and a contiguous county of an adjoining state; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 310. By Representatives Birdsong of the 104th, Royal of the 140th, Skipper of the 116th, Smyre of the 111th and Porter of the 119th:
A BILL to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to provide that military income received by a member of the armed services of the United States stationed in a combat zone as a result of military orders shall

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not be subject to state income tax; and for other purposes.

Referred to the Committee on Ways & Means.

HR 128. By Representatives Sholar of the 141st, Post 1, Broome of the 141st, Post 2 and Greene of the 134th:
A RESOLUTION designating a portion of SR 38 in the City of Climax in honor of Lt. Col. Doyce Ariail; and for other purposes.

2/4/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 128. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Sholar District 141, Post 1

Referred to the Committee on Transportation.

HR 129. By Representatives Mosley of the 129th, Post 1, Barnard of the 121st, Post 1, DeLoach of the 127th and Smith of the 129th, Post 2:
A RESOLUTION designating the Shelton Isaiah DeLoach Memorial Bridge; and for other purposes.

Referred to the Committee on Transportation.

HR 130. By Representatives Barnes of the 84th, Post 2, Westmoreland of the 86th, Dodson of the 84th, Post 1, Buckner of the 82nd, Greene of the 134th and others:
A RESOLUTION proposing an amendment to the Constitution so as to

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315

provide that local boards of education and school superintendents may be elected or appointed and that the method of selection shall be provided by law; and for other purposes.

Referred to the Committee on Governmental Affairs.

HR 131. By Representatives Mosley of the 129th, Post 1, Barnard of the 121st, Post 1, DeLoach of the 127th and Smith of the 129th, Post 2:
A RESOLUTION designating SR 196 in Long County as Albert Shelton Swindell Memorial Highway; and for other purposes.

Referred to the Committee on Transportation.

HR 132. By Representatives Wilkinson of the 41st, Bunn of the 63rd, Ashe of the 42nd, Post 2, Heckstall of the 48th, Post 3, Franklin of the 17th and others:
A RESOLUTION designating the Keith Kalland Connector; and for other purposes.

Referred to the Committee on Transportation.

HR 133. By Representative James of the 114th:
A RESOLUTION designating a portion of SR 247 as the Robert Ray Parkway; and for other purposes.

Referred to the Committee on Transportation.

By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee:

HB 311. By Representatives Lucas of the 105th, Rogers of the 20th, Wix of the 33rd, Post 1, Skipper of the 116th and Burkhalter of the 36th:

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A BILL to amend Title 46 of the Official Code of Georgia Annotated, relating to public utiities and public transportation, so as to provide for payment centers for electric utilities, certificated marketers of natural gas, the regulated provider of natural gas, and local telephne exchange companies; and for other purposes.

Referred to the Committee on Public Utilities.

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

HB 261 HB 262 HB 263 HB 264 HB 265 HB 266 HB 267 HB 268 HB 269 HB 270 HB 271 HB 272 HB 273 HB 274 HB 275

HB 276 HB 277 HB 278 HB 279 HB 280 HB 281 HB 282 HB 283 HB 284 HB 285 HB 286 HB 287 HR 115 SB 7 SB 9

Pursuant to Rule 52, Representative Buck of the 112th moved that the following Bill of the House be engrossed:

HB 287. By Representatives Buck of the 112th, Hugley of the 113th, Buckner of the 109th, Smyre of the 111th and Smith of the 110th:
A BILL to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain provisions regarding the joint county or municipal sales and use tax and provide for an optional rate increase to 2 percent with respect to imposition by consolidated

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governments; to provide for imposition of such tax at the rate of 2 percent by consolidated governments; and for other purposes.

The motion prevailed.

Representative Smyre of the 111th 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 82 Do Pass HR 112 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 167 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

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

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HOUSE RULES CALENDAR MONDAY, FEBRUARY 10, 2003

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 13th Legislative Day as enumerated below:

HB 174

Peanut producers; marketing orders; required assenting votes

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

Respectfully submitted, /s/ Smyre of the 111th
Chairman

By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:

HB 167. By Representatives Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Hill of the 81st, Jordan of the 83rd, Buckner of the 82nd and others:
A BILL to provide for the division and allocation of duties among the judges of the superior courts of the Clayton Judicial Circuit; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

Representative Ray of the 108th moved that the following Bill of the House be withdrawn from the Rules Calendar and recommitted to the Committee on Agriculture and Consumer Affairs:

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HB 174. By Representatives Ray of the 108th, Black of the 144th, James of the 114th, Purcell of the 122nd and Greene of the 134th:
A BILL to amend Code Section 2-8-63 of the Official Code of Georgia Annotated, relating to the finding of assent or approval of peanut producers required for a marketing order to become effective, commission authorization to issue order regulating peanuts, amendments, notice, rules and regulations, and expiration and extension of orders, so as to change certain provisions relating to finding of assent or approval of peanut producers required for marketing order to become effective, commission authorization to issue order regulating peanuts, amendments, notice, rules and regulations, and expiration and extension of orders; and for other purposes.
The motion prevailed.

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

HR 82.

By Representatives Sholar of the 141st, Post 1, Broome of the 141st, Post 2 and Greene of the 134th:
A RESOLUTION commending the Southwest Georgia Regional Public Library System and inviting certain library representatives to appear before the House of Representatives; and for other purposes.

HR 112. By Representatives McBee of the 74th, Heard of the 75th, Wix of the 33rd, Post 1 and Smith of the 76th:
A RESOLUTION commending the 2002 University of Georgia football team and inviting Head Coach Mark Richt and others to appear before the House of Representatives; and for other purposes.

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

HR 134. By Representatives Dollar of the 31st and Parsons of the 29th: A RESOLUTION commending the Pope High School slow pitch softball

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team and inviting the team and its coaches to appear before the House of Representatives; and for other purposes.

HR 135. By Representatives Floyd of the 132nd and Coleman of the 118th:
A RESOLUTION recognizing and commending Miss Laura Bland, 2003 Georgia Watermelon Queen, and inviting her to appear before the House of Representatives; and for other purposes.

Representative Houston of the 139th arose to a point of personal privilege and addressed the House.

The following Resolutions of the House were read and adopted:

HR 136. By Representatives Lunsford of the 85th, Post 2, Yates of the 85th, Post 1, Howell of the 92nd, Jenkins of the 93rd, Skipper of the 116th and others:
A RESOLUTION commending Captain Sharon Elaine Rogers; and for other purposes.

HR 137. By Representative Epps of the 90th:
A RESOLUTION commending Deacon Alfred Lee Talley; and for other purposes.

HR 138. By Representative Coan of the 67th, Post 1:
A RESOLUTION expressing deep regret at the passing of Ellen Gilreath Carmack; and for other purposes.

HR 139. By Representatives Day of the 126th and Stephens of the 123rd: A RESOLUTION congratulating Janice A. Gantt; and for other purposes.

HR 140. By Representative Rogers of the 20th:

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A RESOLUTION commending the Gainesville High School Red Elephants baseball team; and for other purposes.

HR 141. By Representative Thompson of the 69th, Post 1: A RESOLUTION commending Peter Gelbrich; and for other purposes.

The following communications were received:

House of Representatives Legislative Office Building, Room 611
Atlanta, Georgia 30334
February 4, 2003

Honorable Robert E. Rivers Clerk House of Representatives State Capitol Atlanta, GA 30334

Dear Mr. Rivers:

On Wednesday, November 12, 2002, the Republican Caucus met in the House Chamber of the State Capitol to elect Caucus officers for the 2003-2004 Legislative term of the General Assembly. Listed below are the names and titles of those elected.

Minority Caucus Leader Minority Caucus Whip Minority Caucus Chairman Minority Caucus Vice Chairman Minority Caucus Secretary

Lynn Westmoreland Jerry Keen Sharon Cooper Warren Massey Sue Burmeister

Sincerely,

/s/ Sharon Cooper Minority Caucus Chairman

SC:sc

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The General Assembly State Capitol Atlanta

Honorable Terry Coleman Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334
Dear Mr. Speaker:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 23, 2003, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable W. P. Billy Langdale was elected as a member of the State Transportation Board from the Second Congressional District to serve a term beginning April 16, 2003, and expiring April 15, 2008.
Respectfully submitted,
/s/ Jimmy Skipper HONORABLE JIMMY SKIPPER REPRESENTATIVE, DISTRICT 116 CHAIRMAN
/s/ Carolyn Hugley HONORABLE CAROLYN HUGLEY REPRESENTATIVE, DISTRICT 113 SECRETARY

The General Assembly State Capitol Atlanta

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

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323

Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 23, 2003, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable W. P. Billy Langdale was elected as a member of the State Transportation Board from the Second Congressional District to serve a term beginning April 16, 2003, and expiring April 15, 2008.
Respectfully submitted,
/s/ Jimmy Skipper HONORABLE JIMMY SKIPPER REPRESENTATIVE, DISTRICT 116 CHAIRMAN
/s/ Carolyn Hugley HONORABLE CAROLYN HUGLEY REPRESENTATIVE, DISTRICT 113 SECRETARY

The General Assembly State Capitol Atlanta

Honorable Terry Coleman Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334
Dear Mr. Speaker:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 23, 2003, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Ward Edwards was elected as a member of the State Transportation Board from the Third Congressional District to serve a term beginning April 16, 2003, and expiring April 15, 2008.
Respectfully submitted,
/s/ Hugh Gillis, Sr. HONORABLE HUGH GILLIS SENATOR, DISTRICT 20 CHAIRMAN

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/s/ Faye Smith HONORABLE FAYE SMITH SENATOR, DISTRICT 25 SECRETARY

The General Assembly State Capitol Atlanta

Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Taylor:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 23, 2003, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Ward Edwards was elected as a member of the State Transportation Board from the Third Congressional District to serve a term beginning April 16, 2003, and expiring April 15, 2008.
Respectfully submitted,
/s/ Hugh Gillis, Sr. HONORABLE HUGH GILLIS SENATOR, DISTRICT 20 CHAIRMAN
/s/ Faye Smith HONORABLE FAYE SMITH SENATOR, DISTRICT 25 SECRETARY

The General Assembly State Capitol Atlanta

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325

Honorable Terry Coleman Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334
Dear Mr. Speaker:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 23, 2003, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Emory McClinton was elected as a member of the State Transportation Board from the Fifth Congressional District to serve a term beginning April 16, 2003, and expiring April 15, 2008.
Respectfully submitted,
/s/ Doug Teper HONORABLE DOUG TEPER REPRESENTATIVE, DISTRICT 42, POST 1 CHAIRMAN
/s/ Nadine Thomas HONORABLE NADINE THOMAS SENATOR, DISTRICT 10 SECRETARY

The General Assembly State Capitol Atlanta

Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Taylor:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 23, 2003, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Emory McClinton was elected as a member of the State Transportation Board from the Fifth Congressional District to serve a term beginning April 16, 2003, and expiring April 15, 2008.

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Respectfully submitted,
/s/ Doug Teper HONORABLE DOUG TEPER REPRESENTATIVE, DISTRICT 42, POST 1 CHAIRMAN
/s/ Nadine Thomas HONORABLE NADINE THOMAS SENATOR, DISTRICT 10 SECRETARY

The General Assembly State Capitol Atlanta

Honorable Terry Coleman Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334
Dear Mr. Speaker:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 23, 2003, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Mike Evans was elected as a member of the State Transportation Board from the Tenth Congressional District to serve a term beginning April 16, 2003, and expiring April 15, 2008.
Respectfully submitted,
/s/ Bill Stephens HONORABLE BILL STEPHENS SENATOR, DISTRICT 51 CHAIRMAN
/s/ Amos Amerson HONORABLE AMOS AMERSON REPRESENTATIVE, DISTRICT 9 SECRETARY

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327

The General Assembly State Capitol Atlanta

Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Taylor:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 23, 2003, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Mike Evans was elected as a member of the State Transportation Board from the Tenth Congressional District to serve a term beginning April 16, 2003, and expiring April 15, 2008.
Respectfully submitted,
/s/ Bill Stephens HONORABLE BILL STEPHENS SENATOR, DISTRICT 51 CHAIRMAN
/s/ Amos Amerson HONORABLE AMOS AMERSON REPRESENTATIVE, DISTRICT 9 SECRETARY

The General Assembly State Capitol Atlanta

Honorable Terry Coleman Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334
Dear Mr. Speaker:

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Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 23, 2003, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Jon Burns was elected as a member of the State Transportation Board from the Twelfth Congressional District to serve a term beginning April 16, 2003, and expiring April 15, 2008.
Respectfully submitted,
/s/ Don Cheeks HONORABLE DON CHEEKS SENATOR, DISTRICT 23 CHAIRMAN
/s/ Keith Heard HONORABLE KEITH HEARD REPRESENTATIVE, DISTRICT 75 SECRETARY

The General Assembly State Capitol Atlanta

Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Taylor:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 23, 2003, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Jon Burns was elected as a member of the State Transportation Board from the Twelfth Congressional District to serve a term beginning April 16, 2003, and expiring April 15, 2008.
Respectfully submitted,
/s/ Don Cheeks HONORABLE DON CHEEKS SENATOR, DISTRICT 23 CHAIRMAN

MONDAY, FEBRUARY 10, 2003

329

/s/ Keith Heard HONORABLE KEITH HEARD REPRESENTATIVE, DISTRICT 75 SECRETARY

The General Assembly State Capitol Atlanta

Honorable Terry Coleman Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334
Dear Mr. Speaker:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 28, 2003, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Dana L. Lemon was elected as a member of the State Transportation Board from the Thirteenth Congressional District to serve a term beginning April 16, 2003, and expiring April 15, 2008.
Respectfully submitted,
/s/ Terrell Starr HONORABLE TERRELL STARR SENATOR, DISTRICT 44 CHAIRMAN
/s/ Barbara J. Bunn HONORABLE BARBARA BUNN REPRESENTATIVE, DISTRICT 63 SECRETARY

The General Assembly State Capitol Atlanta

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Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Taylor:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 28, 2003, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Dana L. Lemon was elected as a member of the State Transportation Board from the Thirteenth Congressional District to serve a term beginning April 16, 2003, and expiring April 15, 2008.
Respectfully submitted,
/s/ Terrell Starr HONORABLE TERRELL STARR SENATOR, DISTRICT 44 CHAIRMAN
/s/ Barbara J. Bunn HONORABLE BARBARA BUNN REPRESENTATIVE, DISTRICT 63 SECRETARY

The Majority Caucus P.O. Box 50439, Atlanta, Georgia 30302

February 7, 2003

Speaker Terry C. Coleman Georgia House of Representatives 332 State Capitol Building Atlanta, Georgia 30334
Mr. Robert E. Rivers Clerk of the House 309 State Capitol Building Atlanta, Georgia 30334

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331

Gentlemen:
Pursuant to Rule 6 of the Rules of the House of Representatives, this letter is to certify that State Representative Jimmy Skipper is the Democratic Majority Leader for the 20032004 Term.
Thank you for your attention to this matter.
Yours sincerely,
/s/ Calvin Smyre Chair, House Democratic Caucus
CS/dl

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

HR 142. By Representatives Maddox of the 59th, Post 2, Mosby of the 59th, Post 3, Stephenson of the 60th, Post 1, Greene-Johnson of the 60th, Post 3 and McClinton of the 59th, Post 1:
A RESOLUTION commending the Gresham Park 12 Year Old Tigers baseball team; inviting the coaches and players to appear before the House of Representatives; and for other purposes.

Representative Powell of the 23rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 177 Do Pass, by Substitute
Respectfully submitted, /s/ Powell of the 23rd
Chairman

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Representative Cummings of the 19th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 266 Do Pass HB 268 Do Pass HB 270 Do Pass

Respectfully submitted, /s/ Cummings of the 19th
Chairman

Representative Smyre of the 111th 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 55 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

The Speaker announced the House in recess until 5:00 P.M., at which time the House will stand adjourned until 10:00 o'clock A.M. the next legislative day.

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333

Representative Hall, Atlanta, Georgia Tuesday, February 11, 2003

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

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

Amerson Anderson Ashe Bannister Barnard Beasley-Teague Birdsong Black Boggs Bridges Brock Brooks Brown Bruce Buck Buckner, D Bunn Burkhalter Burmeister Butler Campbell Casas Chambers Channell Childers Coleman, B Cooper Crawford Cummings Day

Dean Deloach Dodson Dollar Dooley Douglas Dukes Ehrhart E Elrod Epps Fleming Floyd, H Fludd Forster Franklin Gardner Golick Graves, D Graves, T Greene Greene-Johnson Harbin Harper Heard, J Heard, K Heath E Heckstall Hembree Henson Hill, C

Hill, C.A Hill, V Hines Houston Howard Howell Hudson Hugley Jackson James Jamieson Jones Jordan Joyce Keen Knox Lane Lewis Lord Lunsford Mangham Manning Marin Martin Massey Maxwell McBee Millar Mills Mitchell

Moraitakis Mosby Mosley Murphy, J Murphy, Q Noel Oliver, B Oliver, M O'Neal Parham Parrish Parsons Porter Purcell Ralston Randall Ray Reece, B Reece, S Rice Richardson Roberts, J Roberts, L Rogers, Ch. Royal Rynders Sailor Scott Shaw Sheldon

Sholar Skipper Smith, B Smith, L Smith, P Smith, T Smith, V Snow Stephens, E Stephens, R Stoner Teilhet Teper Thomas, A Thomas, A.M Thompson Twiggs Walker, L Walker, R.L Warren Westmoreland White Wilkinson Willard Williams, A Williams, E Williams, R Wix Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Barnes of the 84th, Post 2, Bordeaux of the 125th, Borders of the 142nd, Broome of the 141st, Post 2, Coan of the 67th, Post 1, Drenner of the 57th, Floyd of the 132nd, Harrell of the 54th, Holmes of the 48th, Post 1, Jenkins of the 93rd, Lucas of the 105th, Maddox of the 59th, Post 2, McCall of the 78th, McClinton of the 59th, Post 1, Mobley of the 58th, Morris of the 120th, Orrock of the 51st, Powell of the 23rd, Rogers of the 20th, Sims of the 130th, Smyre of the 111th, Stanley-Turner of the 43rd,

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Post 2, Stephenson of the 60th, Post 1, Watson of the 60th, Post 2, and Yates of the 85th, Post 1.
They wish to be recorded as present.

Prayer was offered by the Reverend Carl "Butch" Butcher, Jr., Pastor, Summit Baptist Church, Loganville, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 312. By Representatives Walker of the 71st, Post 1, Sheldon of the 71st, Post 2, Stokes of the 72nd and Douglas of the 73rd:

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335

A BILL to create a board of elections and registration for Walton County and provide for its powers and duties; and for other purposes.

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

HB 313. By Representatives Channell of the 77th, Twiggs of the 8th and Mosley of the 129th, Post 1:
A BILL to amend Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to speed detection devices, so as to change the requirements for the size of required warning signs; and for other purposes.

Referred to the Committee on Transportation.

HB 314. By Representatives Mosley of the 129th, Post 1, Buck of the 112th, Channell of the 77th, Brooks of the 47th and Smith of the 129th, Post 2:
A BILL to amend Code Section 36-22-4 of the Official Code of Georgia Annotated, relating to the establishment of the Georgia Greenspace Trust Fund, the segregation of funds, and matching funds, so as to provide for the expenditure of interest on the corpus of such fund; and for other purposes.

Referred to the Committee on Appropriations.

HB 315. By Representatives Moraitakis of the 42nd, Post 4, Gardner of the 42nd, Post 3, Ashe of the 42nd, Post 2 and Teper of the 42nd, Post 1:
A BILL to revise provisions of law relating to creation of new municipal corporations; to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, so as to change the time in which certain minimum distance requirements apply; to amend Code Section 48-8-89.1 of the Official Code of Georgia Annotated, relating to distribution of the joint county and municipal local option sales tax with respect to new qualified municipalities; and for other purposes.

Referred to the Committee on Ways & Means.

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HB 316. By Representatives Stoner of the 34th, Post 1, Teilhet of the 34th, Post 2, Ralston of the 6th, Hill of the 81st and Coleman of the 118th:
A BILL to amend Article 5 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to records checks for persons supervising children, so as to provide that an employer may conduct criminal background checks from the National Crime Information Center of the Federal Bureau of Investigation on employees or volunteers supervising children; and for other purposes.

Referred to the Committee on Children & Youth.

HB 317. By Representatives Walker of the 71st, Post 1, Sheldon of the 71st, Post 2, Stokes of the 72nd and Douglas of the 73rd:
A BILL to amend an Act creating the Walton County Commission on Children and Youth, so as to create the Partnership for Families, Children, and Youth as the successor to such commission; and for other purposes.

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

HB 318. By Representatives McClinton of the 59th, Post 1, Howard of the 98th, Ashe of the 42nd, Post 2, Mobley of the 58th, Sinkfield of the 50th and others:
A BILL to amend Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to services for the aging, so as to enact the "Adult Day Center Licensure Act"; to provide a short title; to define terms; to provide the Department of Human Resources with the authority to promulgate regulations for the operation of adult day centers; and for other purposes.

Referred to the Committee on Human Relations & Aging.

HB 319. By Representatives Powell of the 23rd, Porter of the 119th, Beasley-Teague of the 48th, Post 2 and Parham of the 94th:
A BILL to amend Code Section 19-11-9.1 of the Official Code of Georgia Annotated, relating to the duty to furnish information about obligor to

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337

department, use of information obtained, and penalty for noncompliance, so as to provide for the acceptance of a certification of noneligibility for issuance of a social security number by the Department of Motor Vehicle Safety; 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 other information to be included in an application for a driver's license; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 320. By Representatives Orrock of the 51st, Jamieson of the 22nd, Coleman of the 65th and Sinkfield of the 50th:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for salary increases for certain school social workers who are certified as Certified School Social Worker Specialists; to provide for leave for preparing documentation required for certification; to provide for reimbursement of the program participation fee; and for other purposes.

Referred to the Committee on Education.

HB 321. By Representatives Floyd of the 132nd and Twiggs of the 8th:
A BILL to amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads, so as to provide that proposed or existing subdivisions that access a state highway system shall be required to obtain Department of Transportation approval prior to undertaking additions or changes to plats that might affect road safety; and for other purposes.

Referred to the Committee on Transportation.

HB 322. By Representatives Moraitakis of the 42nd, Post 4, Campbell of the 39th, Ralston of the 6th, Stokes of the 72nd and Oliver of the 56th, Post 2:
A BILL to amend Article 2 of Chapter 6 of Title 5 of the Official Code of

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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 change certain provisions relating to cases requiring an application for appeal; to amend Code Section 9-11-56 of the Official Code of Georgia Annotated, relating to summary judgment, so as to conform it to the changes made in Title 5; and for other purposes.

Referred to the Committee on Judiciary.

HB 323. By Representatives McBee of the 74th, Heard of the 75th and Smith of the 76th:
A BILL to amend an Act establishing the Unified Government of AthensClarke County, so as to change certain provisions regarding how membership positions on the Athens-Clarke County Industrial Development Authority shall be construed as a result of the changes effected by the governmental reorganization which resulted in that unified government; and for other purposes.

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

HB 324. By Representatives McBee of the 74th, Buck of the 112th, Skipper of the 116th and Parrish of the 102nd:
A BILL to amend Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State, so as to create the International Affairs Coordinating Council; to define a certain term; to provide for membership; and for other purposes.

Referred to the Committee on Economic Development and Tourism.

HB 325. By Representatives Harbin of the 80th, Keen of the 146th, Fleming of the 79th, Stephens of the 123rd, Powell of the 23rd and others:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of

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339

Georgia Annotated, relating to the imposition, rate, and computation of income taxes, so as to authorize the commissioner of industry, trade, and tourism to designate certain counties as eligible for tax credits for business enterprises locating there under certain circumstances; and for other purposes.

Referred to the Committee on Ways & Means.

HB 326. By Representatives Buckner of the 109th, Greene of the 134th, Oliver of the 56th, Post 2, Floyd of the 132nd, Purcell of the 122nd and others:
A BILL to amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to state officers and employees, so as to provide for liability coverage for nonprofit hospitals with emergency rooms for damages arising out of the provision of authorized services; to provide for the terms and conditions under which such nonprofit hospitals shall be covered by any liability insurance policy administered by the commissioner of administrative services; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 327. By Representatives Powell of the 23rd, Ehrhart of the 28th and Boggs of the 145th:
A BILL to amend Code Section 43-14-2 of the Official Code of Georgia Annotated, relating to definitions, so as to provide that the term "conditioned air equipment" and the term "plumbing" include natural gas piping systems on the outlet side of the gas meter; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 328. By Representatives Buck of the 112th, Hugley of the 113th, Buckner of the 109th and Smith of the 110th:
A BILL to amend Code Section 20-2-55 of the Official Code of Georgia Annotated, relating to per diem and expenses of local boards of education, so as to authorize the expenditure of funds for life, disability, and liability

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insurance, retirement and pension coverage, social security coverage, and similar benefits for members of such local boards of education; and for other purposes.

Referred to the Committee on Retirement.

HB 329. By Representatives Twiggs of the 8th and Channell of the 77th:
A BILL to amend Code Section 40-14-9 of the Official Code of Georgia Annotated, relating to when evidence obtained in certain areas is inadmissible and use of a speed detection device on a hill, so as to provide that the 30 day limitation regarding notice of reduction of the speed limit shall not apply to work zone speeding violations; and for other purposes.

Referred to the Committee on Transportation.

HB 330. By Representative Manning of the 32nd:
A BILL to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, and Chapters 7 and 8 of Title 19 of the Official Code of Georgia Annotated, relating respectively to the parent and child relationship and adoption, so as to change a provision relating to termination of parental rights of a parent convicted of a felony; to provide that parental power shall be lost by such a conviction; to prohibit the grant of visitation rights to a grandparent who has been convicted of rape or incest; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 331. By Representatives Martin of the 37th, Campbell of the 39th, Stokes of the 72nd, Crawford of the 91st, Burkhalter of the 36th and others:
A BILL to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records exempted from inspection by members of the general public, so as to provide an exemption for records including identifying information for minors; to provide for disclosure of records with such information redacted; and for other purposes.

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Referred to the Committee on Judiciary.

HB 332. By Representatives McCall of the 78th, Twiggs of the 8th and Channell of the 77th:
A BILL to amend Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the Georgia State Indemnification Fund, so as to change the eligibility date for state highway employees who may be eligible to receive indemnification with respect to death or permanent disability; to authorize appropriations of funds to the Georgia State Indemnification Fund; and for other purposes.

Referred to the Committee on Appropriations.

HB 333. By Representatives Forster of the 3rd, Post 1, Joyce of the 2nd and White of the 3rd, Post 2:
A BILL to amend an Act creating a board of elections and registration for Catoosa County, so as to provide for the composition of the board and the method of appointment, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; and for other purposes.

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

HB 334. By Representatives Forster of the 3rd, Post 1, Joyce of the 2nd and White of the 3rd, Post 2:
A BILL to amend an Act to reconstitute the Board of Education of Catoosa 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 335. By Representative Lord of the 103rd:

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A BILL to repeal an Act providing for a nonstaggered four-month vehicle registration period for Washington County; to specify the vehicle registration period for Washington County; and for other purposes.

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

HB 336. By Representatives Ashe of the 42nd, Post 2, Watson of the 60th, Post 2, Williams of the 61st, Post 2, Cummings of the 19th, Smith of the 13th, Post 2 and others:
A BILL to amend Article 11 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school property and facilitires, so as to create the "School Restroom Standards Act"; to provide that each local board of education shall maintain toilet facilities in public school buildings which meet certain prescribed standards for sanitation; and for other purposes.

Referred to the Committee on Education.

HB 337. By Representatives Rogers of the 15th, Lunsford of the 85th, Post 2, Graves of the 10th, Brock of the 5th and Day of the 126th:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit for teachers or for home study program instructors with respect to qualified education expenses; and for other purposes.

Referred to the Committee on Ways & Means.

HR 143. By Representatives Harbin of the 80th, Fleming of the 79th, Cummings of the 19th, Smith of the 13th, Post 2, Shaw of the 143rd and others:
A RESOLUTION urging the Congress of the United State of America to amend the Internal Revenue Code to provide for a federal income tax deduction for subscriptions paid to fire departments, other than those funded and operated by a political subdivision, for fire protection services; and for other purposes.

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Referred to the Committee on Ways & Means.

HR 144. By Representative Stephens of the 123rd:
A RESOLUTION proposing an amendment to the Constitution so as to allow the owners of certain real property located in certain industrial areas or portions thereof to remove the property from the industrial area; to provide that such removal shall be irrevocable and binding on successors and heirs; and for other purposes.

Referred to the Committee on Judiciary.

HR 145. By Representatives Jamieson of the 22nd, McBee of the 74th, Reece of the 11th, Houston of the 139th, Purcell of the 122nd and others:
A RESOLUTION urging the State Board of Education to adopt one or more salary step increases for teachers who have taught for over 20 years; and for other purposes.

Referred to the Committee on Education.

HR 146. By Representative Amerson of the 9th:
A RESOLUTION designating the Dean Bryant Intersection; and for other purposes.

Referred to the Committee on Transportation.

HR 147. By Representatives Maddox of the 59th, Post 2, Willard of the 40th, Ashe of the 42nd, Post 2, Watson of the 60th, Post 2, Wilkinson of the 41st and others:
A RESOLUTION creating the Joint MARTA Finance Study Committee; and for other purposes.

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Referred to the Committee on Rules.

HR 148. By Representatives Hill of the 81st, Stoner of the 34th, Post 1, Buckner of the 82nd, Barnes of the 84th, Post 2, Bruce of the 45th and others:
A RESOLUTION urging the Congress of the United States of America to require the Federal Aviation Administration to create areas of restricted airspace over the state capitol buildings of the various states of the United States; and for other purposes.

Referred to the Committee on Public Safety.

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

HB 288 HB 289 HB 290 HB 291 HB 292 HB 293 HB 294 HB 295 HB 296 HB 297 HB 298 HB 299 HB 300 HB 301 HB 302

HB 303 HB 304 HB 305 HB 306 HB 307 HB 308 HB 309 HB 310 HB 311 HR 128 HR 129 HR 130 HR 131 HR 132 HR 133

Pursuant to Rule 52, Representative Channell of the 77th moved that the following Bill of the House be engrossed:

HB 308. By Representative Channell of the 77th: A BILL to amend Code Section 48-8-3 of the Official Code of Georgia

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Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to certain sales to nonprofit organizations engaged primarily in archeological exploration and preservation; and for other purposes.

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

N Amerson Y Anderson Y Ashe N Bannister N Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders
Bridges N Brock Y Brooks Y Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper N Crawford Y Cummings

N Day Dean Deloach Dix
Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart E Elrod
Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner
Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner N Harbin N Harper
Harrell N Heard, J Y Heard, K N Heath E Heckstall N Hembree Y Henson N Hill, C

N Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins N Jones Y Jordan N Joyce N Keen N Knox Y Lane N Lewis
Lord Lucas N Lunsford Maddox Y Mangham N Manning Y Marin N Martin N Massey N Maxwell Y McBee McCall McClinton N Millar N Mills Y Mitchell

Y Mobley E Moraitakis Y Morris
Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham
Parrish N Parsons Y Porter Y Powell Y Purcell N Ralston Y Randall Y Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders Y Sailor N Scott
Shaw N Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

On the motion the ayes were 93, nays 66. The motion prevailed.

Representative Epps of the 90th stated that he had been called from the floor of the

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House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Pursuant to Rule 52, Representative Sholar of the 141st, Post 1 moved that the following Resolution of the House be engrossed:

HR 128. By Representatives Sholar of the 141st, Post 1, Broome of the 141st, Post 2 and Greene of the 134th:
A RESOLUTION designating a portion of SR 38 in the City of Climax in honor of Lt Col. Doyce Ariail; and for other purposes.

The motion prevailed.

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 265 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

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

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 11, 2003

Mr. Speaker and Members of the House:

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The Committee on Rules has fixed the calendar for this 14th Legislative Day as enumerated below:

HB 108 HB 140

Fraud; failure to pay for Christmas trees and horticultural crops Criminal justice agencies; limit certain data to Georgia Crime Information Center; certain warrants

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

Respectfully submitted, /s/ Smyre of the 111th
Chairman

By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:

HB 265. By Representatives Buck of the 112th, Hugley of the 113th, Buckner of the 109th, Smith of the 110th and Smyre of the 111th:
A BILL to amend an Act establishing the Municipal Court of Columbus, so as to change the compensation of the judge, clerk, and marshal of that court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

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

HR 55.

By Representative Gardner of the 42nd, Post 3:
A RESOLUTION commending Kyle Pease and inviting him to appear before the House of Representatives; and for other purposes.

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

HR 149. By Representatives Purcell of the 122nd, Coleman of the 118th, Powell of the 23rd and Smith of the 76th:
A RESOLUTION recognizing and commending Cole Ryles and inviting him to appear before the House of Representatives; and for other purposes.

HR 150. By Representative Floyd of the 132nd:
A RESOLUTION recognizing the Cordele-Crisp County Fish Fry and commending Mr. Ferrell Henry, Mr. Don Tucker, Mr. Gene Ford, Mr. Jimmy Black, and Mr. Troy Pullin and inviting the cooking team to appear before the House of Representatives; and for other purposes.

HR 151. By Representatives Ashe of the 42nd, Post 2, Manning of the 32nd, Willard of the 40th, Bordeaux of the 125th, Cooper of the 30th and others:
A RESOLUTION recognizing the Presbytery of Greater Atlanta and inviting representatives to appear before this body; and for other purposes.

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

HB 108. By Representatives Ray of the 108th, Floyd of the 132nd, Purcell of the 122nd and Royal of the 140th:
A BILL to amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to change certain provisions related to failing to pay for natural products or chattels; and for other purposes.

The following substitute, offered by Representatives Crawford of the 91st, Ray of the 108th, and James of the 114th was read and adopted:

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A BILL
To amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to change certain provisions related to failing to pay for natural products or chattels; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, is amended by striking Code Section 16-9-58, relating to failing to pay for natural products or chattels, and inserting in lieu thereof the following:
"16-9-58. Any person, either on his or her own account or for others, who with fraudulent intent shall buy cotton, corn, rice, crude turpentine, spirits of turpentine, rosin, pitch, tar, timber, pulpwood, Christmas trees, pine needles, horticultural crops, poultry and poultry products, cattle, hogs, sheep, goats, ratites, horses, mules, pecans, peaches, apples, watermelons, cantaloupes, or other products or chattels and shall fail or refuse to pay therefor or shall make way with or dispose of the same before he or she shall have paid therefor unless credit shall be expressly extended therefor within 20 days following receipt of such products or chattels or by such other payment due date explicitly stated in a written contract agreed to by the buyer and seller, whichever is later, shall be guilty of a misdemeanor; except that if the value of the products or chattels exceeded $500.00 such person shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one year nor more than five years."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, 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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas
Drenner

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley

Y Mobley E Moraitakis
Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre

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Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Dukes Y Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper
Harrell Y Heard, J Y Heard, K Y Heath E Heckstall Y Hembree Y Henson Y Hill, C

Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee
McCall Y McClinton Y Millar Y Mills
Mitchell

Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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

Representatives Beasley-Teague of the 48th, Post 2, and Drenner of the 57th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 140. By Representatives Buck of the 112th, Boggs of the 145th, Coleman of the 118th, Jenkins of the 93rd and Snow of the 1st:
A BILL to amend Code Section 35-3-36 of the Official Code of Georgia Annotated, relating to duties of state criminal justice agencies as to submission of fingerprints, photographs, and other identifying data to the Georgia Crime Information Center, so as to limit data on outstanding warrants to certain offenses; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper
Harrell Y Heard, J Y Heard, K Y Heath E Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Lunsford Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley E Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 169, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Lunsford of the 85th, Post 2 stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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By unanimous consent, the following Bill of the House was withdrawn from the Committee on Appropriations and referred to the Committee on Retirement:

HB 55.

By Representatives Shaw of the 143rd and Sims of the 130th:
A BILL to amend Code Section 47-12-82 of the Official Code of Georgia Annotated, relating to the salary for district attorneys emeritus and suspension of office upon eligibility for or appointment to certain positions, so as to increase the salary of district attorneys emeritus; to provide for a cost of living increase in such salary; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 152. By Representatives Rogers of the 20th, Coleman of the 118th, Mills of the 67th, Post 2, Reece of the 21st and Amerson of the 9th:
A RESOLUTION congratulating Amy Mulkey, Miss Georgia 2002; and for other purposes.

HR 153. By Representatives Hudson of the 95th and Parham of the 94th: A RESOLUTION commending Nancy C. Kennedy; and for other purposes.

HR 154. By Representatives Manning of the 32nd, Ehrhart of the 28th, Cooper of the 30th, Wix of the 33rd, Post 1, Stoner of the 34th, Post 1 and others:
A RESOLUTION declaring Cobb County Day at the Capitol; and for other purposes.

HR 155. By Representatives Cummings of the 19th, Smith of the 13th, Post 2, Childers of the 13th, Post 1, Heath of the 18th and Graves of the 10th:
A RESOLUTION recognizing and commending Michelle Earley; and for other purposes.

HR 156. By Representative Houston of the 139th:

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353

A RESOLUTION commending Honorable Thomas Parr; and for other purposes.

HR 157. By Representative Royal of the 140th:
A RESOLUTION expressing regret at the passing of Joe Barber Adams, Jr.; and for other purposes.

HR 158. By Representative Stephens of the 123rd: A RESOLUTION commending Alex Salter; and for other purposes.

HR 159. By Representative Stephens of the 123rd: A RESOLUTION commending Greg Swindell; and for other purposes.

HR 160. By Representatives Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:
A RESOLUTION honoring Dr. Paul Scott; and for other purposes.

HR 161. By Representatives Houston of the 139th, Walker of the 115th, Smith of the 87th, Stanley-Turner of the 43rd, Post 2, Porter of the 119th and others:
A RESOLUTION commending Honorable Jeanette Jamieson; and for other purposes.

HR 162. By Representatives Purcell of the 122nd and Coleman of the 118th:
A RESOLUTION recognizing and commending Kristen Davis; and for other purposes.

HR 163. By Representatives Purcell of the 122nd and Roberts of the 131st: A RESOLUTION commending Cliff Sims; and for other purposes.

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HR 164. By Representative Reece of the 11th:
A RESOLUTION expressing regret at the passing of Hugh Don Hall; and for other purposes.

HR 165. By Representatives Purcell of the 122nd and Coleman of the 118th:
A RESOLUTION recognizing and commending Lauren Ledbettter; and for other purposes.

HR 166. By Representatives Purcell of the 122nd, Smith of the 76th, McBee of the 74th and Heard of the 75th:
A RESOLUTION recognizing and commending Stefanie Whorton; and for other purposes.

HR 167. By Representatives Purcell of the 122nd, Oliver of the 121st, Post 2 and Barnard of the 121st, Post 1:
A RESOLUTION commending Heidi Hammack; and for other purposes.

HR 168. By Representatives Purcell of the 122nd and Jamieson of the 22nd: A RESOLUTION commending Christina Payne; and for other purposes.

HR 169. By Representatives Purcell of the 122nd and Houston of the 139th:
A RESOLUTION recognizing and commending Jenna Knight; and for other purposes.

HR 170. By Representatives Williams of the 61st, Post 2, Sailor of the 61st, Post 1 and Mitchell of the 61st, Post 3:
A RESOLUTION commending Brenda Roberts, the 2003 DeKalb County Teacher of the Year; and for other purposes.

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355

Representative Williams of the 128th arose to a point of personal privilege and addressed the House.

Representative Harbin of the 80th arose to a point of personal privilege and addressed the House.

Representative Lane of the 101st District, Chairman of the Committee on Game, Fish and Parks, submitted the following report:
Mr. Speaker:
Your Committee on Game, Fish and Parks has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 227 Do Pass, by Substitute

Respectfully submitted, /s/ Lane of the 101st
Chairman

Representative Lord of the 103rd District, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 191 Do Pass, by Substitute

Respectfully submitted, /s/ Lord of the 103rd
Chairman

Representative Bordeaux of the 125th District, Chairman of the Committee on

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Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 197 Do Pass, by Substitute

Respectfully submitted, /s/ Bordeaux of the 125th
Chairman

The Speaker announced the House in recess until 5:00 P.M., at which time the House will stand adjourned until 10:00 o'clock A.M. the next legislative day.

WEDNESDAY, FEBRUARY 12, 2003

357

Representative Hall, Atlanta, Georgia Wednesday, February 12, 2003

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

By unanimous consent, the call of the roll was dispensed with.

Prayer was offered by Dr. Michael H. Long, Pastor, Roswell United Methodist Church, Roswell, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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

HB 338. By Representatives Williams of the 4th, Westmoreland of the 86th, Smith of the 110th and Massey of the 24th:
A BILL to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change certain provisions relating to evidence of violations, cease and desist orders, fines, and other penalties for violations; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 339. By Representatives Greene of the 134th, Sholar of the 141st, Post 1, Reece of the 11th and Buckner of the 109th:
A BILL to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, so as to change certain provisions relating to confidentiality of papers, exemption from subpoena, and declassification; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 340. By Representatives Greene of the 134th, Sholar of the 141st, Post 1, Reece of the 11th and Buckner of the 109th:
A BILL to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to law enforcement officers and agencies, so as to repeal certain provisions relating to a passenger motor vehicle for the warden of Georgia State Prison to be furnished by the Department of Public Safety; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 341. By Representatives McBee of the 74th, Buck of the 112th, Porter of the 119th and Gardner of the 42nd, Post 3:

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A BILL to amend Code Section 20-3-519.3 of the Official Code of Georgia Annotated, relating to HOPE scholarship eligibility requirements for students attending private postsecondary institutions, so as to make certain students attending such institutions part time eligible for HOPE scholarships; and for other purposes.

Referred to the Committee on Higher Education.

HB 342. By Representatives McBee of the 74th, Porter of the 119th and Gardner of the 42nd, Post 3:
A BILL to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to authorize tuition equalization grants for part-time students; to provide for reduced grants to part-time students; to change residency requirements for student eligibility for tuition equalization grants; to remove a restriction on tuition equalization grants for summer school; to change the residency requirements for eligibility for HOPE scholarships for students attending a private postsecondary institution; and for other purposes.

Referred to the Committee on Higher Education.

HB 343. By Representative Boggs of the 145th:
A BILL to amend an Act providing for the revised and restated charter for the City of Waycross, so as to change the description of the commission districts; and for other purposes.

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

HB 344. By Representative Porter of the 119th:
A BILL to amend an Act reconstituting the Board of Education of the City of Dublin, so as to change the provisions relating to per diem compensation of members of the board; and for other purposes.

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

HB 345. By Representatives Porter of the 119th, Parham of the 94th, Birdsong of the 104th, Skipper of the 116th, Graves of the 106th and others:
A BILL to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to provide that members of such retirement system may obtain creditable service for prior service in public schools; to provide for conditions; to provide for the payment of employer and employee contributions; and for other purposes.

Referred to the Committee on Retirement.

HB 346. By Representatives Millar of the 52nd, Royal of the 140th, Watson of the 60th, Post 2, Williams of the 4th and Drenner of the 57th:
A BILL to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales tax for educational purposes, so as to provide that when certain sales taxes for educational purposes are imposed, each board of education expending proceeds of the tax shall undergo a performance audit or performance review of such expenditures; to provide for contracts for such performance audit or review; and for other purposes.

Referred to the Committee on Ways & Means.

HB 347. By Representatives Purcell of the 122nd, Ray of the 108th, James of the 114th, Crawford of the 91st, Oliver of the 121st, Post 2 and others:
A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to extensively revise the "Georgia Veterinary Practice Act"; to provide a short title; to provide for legislative purpose; to define certain terms; to provide for the State Board of Veterinary Medicine and its members, powers, and duties; to provide for licensing of veterinarians and regulation of the practice of veterinary medicine; and for other purposes.

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Referred to the Committee on Agriculture and Consumer Affairs.

HB 348. By Representative Howard of the 98th:
A BILL to amend Code Section 45-10-70 of the Official Code of Georgia Annotated, relating to holding office in political subdivision, political party, or political organization by nonelective state officers or employees, so as to provide that nonelective state officers and employees may use annual and personal leave to fulfill the duties or functions of such elective or appointive offices that occur during the officer's or employee's work hours; to provide an additional amount of unpaid leave equal to one-half of the total amount of leave allotted to the officer or employee each year to fulfill the duties or functions of such elective or appointive offices that occur during the officer's or employee's work hours; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 349. By Representatives Day of the 126th, Keen of the 146th, Stephens of the 123rd, Hill of the 147th and DeLoach of the 127th:
A BILL to amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding sales and use taxes, so as to provide that sales of tickets, fees, or charges with respect to chartering a boat for recreational purposes shall not be subject to sales and use taxation; and for other purposes.

Referred to the Committee on Ways & Means.

HB 350. By Representative Howard of the 98th:
A BILL to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles, so as to require law enforcement officers driving unmarked vehicles to identify themselves to detained motorists by presenting his or her badge; and for other purposes.

Referred to the Committee on Public Safety.

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HB 351. By Representatives Harbin of the 80th, Fleming of the 79th and Morris of the 120th:
A BILL to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide for a tax deduction equal to the amount of subscriptions paid to a fire department, other than a fire department funded and operated by a political subdivision, for fire protection services; and for other purposes.

Referred to the Committee on Ways & Means.

HB 352. By Representatives Harbin of the 80th, Campbell of the 39th and Powell of the 23rd:
A BILL to amend Code Section 43-1-19 of the Official Code of Georgia Annotated, relating to grounds for refusing to grant or revoking licenses, so as to provide that complainants shall be notified of the status and disposition of complaints filed against licensees of professional licensing boards; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 353. By Representatives Walker of the 115th, Floyd of the 132nd, Channell of the 77th, Keen of the 146th and Westmoreland of the 86th:
A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for an exception to maximum speed limits for trucks; to provide certain maximum speed limits for trucks; to provide an exception to warning sign requirements for speed detection devices for maximum speed limits for trucks; and for other purposes.

Referred to the Committee on Transportation.

HB 354. By Representatives Harbin of the 80th, Westmoreland of the 86th, Keen of the 146th, Jamieson of the 22nd, Burkhalter of the 36th and others:

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A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for current applicability of Chapter 16, the "Tax Amnesty Program Act," and Chapter 16A, the "Property Tax Amnesty Program Act"; to provide for new amnesty periods; to provide for new waiver periods; and for other purposes.

Referred to the Committee on Ways & Means.

HB 355. By Representatives Benfield of the 56th, Post 1, Joyce of the 2nd, DeLoach of the 127th, Brooks of the 47th and Stoner of the 34th, Post 1:
A BILL to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that registered political bodies may nominate candidates for state-wide and congressional offices; to provide a short title; to provide for legislative intent; to change the provisions relating to procedures for qualification of candidates generally; to change the provisions relating to nomination of candidates by petition; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 356. By Representatives Bannister of the 70th, Post 1, Birdsong of the 104th, Mosley of the 129th, Post 1, Wix of the 33rd, Post 1, Yates of the 85th, Post 1 and others:
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 driver's licenses, so as to change the time period for Georgia residency required to obtain a veteran's license; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 357. By Representative Howard of the 98th:
A BILL to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to add a certain definition; to require notice of certain death; to provide for penalties for failure to provide such

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notice; and for other purposes.

Referred to the Committee on Human Relations & Aging.

HB 358. By Representatives Harbin of the 80th, Fleming of the 79th and Morris of the 120th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxes, so as to provide an exemption for certain sales to volunteer fire departments; and for other purposes.

Referred to the Committee on Ways & Means.

HB 359. By Representative Ashe of the 42nd, Post 2:
A BILL to amend Code Section 45-12-35 of the Official Code of Georgia Annotated, relating to rewards for the detection or apprehension of perpetrators of felonies, so as to remove certain limitations with respect to the offering of such rewards by the governing authority of a county or municipality; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 360. By Representative Ashe of the 42nd, Post 2:
A BILL to amend Code Section 20-2-211 of the Official Code of Georgia Annotated, relating to annual contracts, disqualifying acts, job descriptions, fingerprinting, and criminal record checks, so as to change the date for tendering contracts for the ensuing year to school principals and for notice that a school principal intends not to accept employment for the ensuing school year; and for other purposes.

Referred to the Committee on Education.

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HB 361. By Representatives Wix of the 33rd, Post 1, Royal of the 140th, Buck of the 112th, Burkhalter of the 36th and Noel of the 44th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales of certain energy efficient appliances; and for other purposes.

2/11/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 361. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Wix District 33, Post 1

Referred to the Committee on Ways & Means.

HB 362. By Representative Ashe of the 42nd, Post 2:
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 adopt and implement policies relating to nonrenewal of contract and demotion for certain teachers and employees; to provide procedures for appeals to the State Board of Education; and for other purposes.

Referred to the Committee on Education.

HB 363. By Representatives Fludd of the 48th, Post 4, Greene-Johnson of the 60th, Post 3, Marin of the 66th, Floyd of the 69th, Post 2 and Holmes of the 48th, Post 1:
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

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for supplying copies of electronic text versions of certain textbooks to local boards of education upon request; to authorize local boards of education to provide electronic versions of textbooks to schools and students; and for other purposes.

Referred to the Committee on Education.

HB 364. By Representatives Mitchell of the 61st, Post 3, Sailor of the 61st, Post 1, Benfield of the 56th, Post 1 and Orrock of the 51st:
A BILL to amend Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against property, so as to provide that a person who has been convicted of certain offenses relating to the sale of controlled substances shall, during any period of probation, parole, or supervised release, be guilty of criminal trespass if such person enters upon any property that has been set aside as a park, playground, or for other recreational purposes; to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide for notice to parolees and probationers; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 365. By Representative Reece of the 11th:
A BILL to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the green tree frog as the official state amphibian; and for other purposes.

2/11/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 365. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Reece District 11

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Referred to the Committee on State Planning & Community Affairs.

HR 171. By Representative Joyce of the 2nd:
A RESOLUTION proposing an amendment to the Constitution so as to provide that no county or municipal corporation shall increase the ad valorem tax millage rate unless such increase has been approved by a majority of the citizens of such political subdivision voting on the question; and for other purposes.

Referred to the Committee on Ways & Means.

HR 172. By Representatives Howard of the 98th, Murphy of the 97th and Warren of the 99th:
A RESOLUTION urging the United States Congress to take action regarding quiet reflection in all government institutions including public schools and at sporting events sponsored by such public institutions; and for other purposes.

Referred to the Committee on Rules.

HR 173. By Representatives Skipper of the 116th, Smyre of the 111th, Porter of the 119th and Orrock of the 51st:
A RESOLUTION amending the Rules of the House of Representatives; and for other purposes.

2/11/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 173. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Skipper District 116

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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 175. By Representative Rogers of the 20th:
A RESOLUTION recognizing Boyd Rodney "Rod" Smith and designating the Rod Smith Memorial Garden; and for other purposes.

2/12/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 175. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Rogers District 20

Referred to the Committee on Transportation.

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

HB 312 HB 313 HB 314 HB 315 HB 316 HB 317 HB 318 HB 319 HB 320 HB 321

HB 328 HB 329 HB 330 HB 331 HB 332 HB 333 HB 334 HB 335 HB 336 HB 337

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HB 322 HB 323 HB 324 HB 325 HB 326 HB 327

HR 143 HR 144 HR 145 HR 146 HR 147 HR 148

Representative Buck of the 112th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 121 Do Pass, by Substitute

Respectfully submitted, /s/ Buck of the 112th
Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 288 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

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

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HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 12, 2003

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 15th Legislative Day as enumerated below:

HB 91 HB 177 HB 266 HB 268 HB 270

2003 Fairness in Arbitration Act; enact Real estate appraisers, brokers, and salespersons; amend provisions Public School Employees Retirement; increase benefit Peace Officers' Annuity and Benefit; increase dues Judges of the Probate Courts Retirement; certain application; date benefits begin

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

Respectfully submitted, /s/ Smyre of the 111th
Chairman

By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:

HB 288. By Representative Boggs of the 145th:
A BILL to amend an Act creating the Ware County Water and Sewer Authority, so as to change the name of the authority; to change the number of persons initially appointed to the authority; to change the method of appointing successors to and filling vacancies on the authority; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

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

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 14. By Senator Smith of the 25th:
A BILL to be entitled an Act to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to change certain provisions relating to authorized imposition of penalties in lieu of other actions in proceedings before the Commissioner; to repeal conflicting laws; and for other purposes.

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

SB 14.

By Senator Smith of the 25th:
A BILL to be entitled an Act to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to change certain provisions relating to authorized imposition of penalties in lieu of other actions in proceedings before the Commissioner; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

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

HB 266. By Representatives Cummings of the 19th, Black of the 144th, Williams of the 61st, Post 2 and McBee of the 74th:
A BILL to amend Code Section 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits paid upon normal, early, or delayed

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retirement under the Public School Employees Retirement Fund, so as to provide that, under certain conditions, the board of trustees of such retirement fund may increase the retirement benefit; to clarify the effect of specific appropriations in amounts less than that required to fund fully the maximum level of benefits; and for other purposes.

The report of the Committee, which was favorable to the 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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard E Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar
Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 175, nays 0.

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373

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

Representative Dooley of the 33rd, Post 3 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 268. By Representatives Cummings of the 19th, Black of the 144th, Williams of the 61st, Post 2 and McBee of the 74th:
A BILL to amend Article 3 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to membership in and contributions to the Peace Officers' Annuity and Benefit Fund, so as to increase the amount of dues paid by members of such fund; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard E Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs N Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland

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Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 172, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representative Walker of the 115th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 270. By Representatives Cummings of the 19th, Black of the 144th, Williams of the 61st, Post 2 and McBee of the 74th:
A BILL to amend Code Section 47-11-70 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement benefits and early retirement under the Judges of the Probate Courts Retirement Fund, so as to provide that if a member submits his or her application for retirement more than 90 days following the date he or she leaves service, benefits shall begin on the first day of the month after such application was submitted; and for other purposes.

The report of the Committee, which was favorable to the 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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard E Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner

Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, FEBRUARY 12, 2003

E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

375
Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 175, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 177. By Representatives Powell of the 23rd, Stoner of the 34th, Post 1, Porter of the 119th, DeLoach of the 127th and Boggs of the 145th:
A BILL to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to change certain definitions; to change the manner in which appraiser classification criteria are determined; to change certain provisions relating to the surrender or lapse of a license; to change certain provisions concerning hearings and service of orders; to provide certain sanctions for violations; to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to add certain definitions; to provide requirements for nonresident licenses; and for other purposes.

The following Committee substitute was read and adopted:

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A BILL
To amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to change certain definitions; to change the manner in which appraiser classification criteria are determined; to change certain provisions relating to the surrender or lapse of a license; to change certain provisions concerning hearings and service of orders; to provide certain sanctions for violations; to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to add certain definitions; to provide requirements for nonresident licenses; to provide for the licensing of certain community association managers; to change certain requirements for display of licenses; to require that ten years elapse from the date of a license surrender after initiation of an investigation or disciplinary process before the person is eligible for an associate brokers license or brokers license; to provide for certain hearings; to provide for certain sanctions for violations; to add certain actions as constituting unfair trade practices; to provide that listing or sales contracts or leases shall contain such dates as necessary to determine whether the parties have acted timely in meeting their responsibilities under such contracts or leases; to provide for the publication of the name of licensees, schools, and instructors whose licenses or approvals are revoked, suspended, or surrendered; to provide additional exceptions to the operation of the chapter; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, is amended by striking paragraph (19) of Code Section 43-39A-2, relating to definitions, and inserting in lieu thereof a new paragraph (19) to read as follows:
"(19) 'State' includes means any state, district, territory, possession, or province of the United States or Canada and any sovereign nation or any political subdivision of such sovereign nation."
SECTION 2. Said chapter is further amended by striking subsection (a) of Code Section 43-39A-8, relating to establishment of appraiser classifications, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The board is authorized to establish through its rules and regulations such appraiser classifications as are necessary to comply with federal law in order to assure that Georgia has appropriate classifications of appraisers authorized to appraise in federally related transactions. The board shall establish criteria for experience, examination, or education standards and shall establish the scope of practice for such classifications as are necessary to comply with guidelines established by the Appraisal Subcommittee. The board shall also create a classification of appraiser to appraise in

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nonfederally related transactions and for which applicants need only to meet education standards established by the board through its rules and regulations."
SECTION 3. Said chapter is further amended by striking subsections (g), (h), and (i) of Code Section 43-39A-14, relating to required conduct of applicants, and inserting in lieu thereof new subsections (g), (h), and (i) to read as follows:
"(g) Whenever the board initiates an investigation as provided in Code Section 4339A-22 to determine whether an appraiser has violated any provision of this chapter or the rules and regulations adopted pursuant to this chapter and such appraiser:
(1) Voluntarily Surrendered or surrenders an appraiser classification to the board; (2) Allows Allowed or allows an appraiser classification to lapse due to failure to meet education requirements provided by law; or (3) Allows Allowed or allows an appraiser classification to lapse due to failure to pay any required fees, and if such surrender or lapsing takes place after the board has initiated an investigation pursuant to Code Section 43-39A-22 but before the board files a notice of hearing, the board may issue an order revoking the appraisers appraiser classification and provide a copy of such order to the appraiser the board may issue an order revoking such appraisers classification. The order will be effective ten days after the order is served on the appraiser receives a copy of the order unless the appraiser makes a written request for a hearing before the board, in which event the board will file a notice of hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Service shall be accomplished as provided for in Code Section 4339A-21. If such surrender or lapsing occurs after the board has filed a notice of hearing alleging that such appraiser has violated any provision of this chapter or the rules and regulations adopted pursuant to this chapter but before the board enters a final order in the matter, then upon submission of a new application by such person the matters asserted in the notice of hearing shall be deemed admitted and may be used by the board as grounds for refusal of a new appraiser classification to such person. (h) Whenever any occupational licensing body of this state, any other state, or any foreign country has sanctioned any license or classification of an applicant for any appraiser classification or whenever such an applicant has allowed a license or classification to lapse or has surrendered a license or classification to any occupational licensing body of this state, any other state, or any foreign country after that occupational licensing body has initiated an investigation or a disciplinary process regarding such applicants licensure or classification, such sanction, lapsing, or surrender in itself may be a sufficient ground for refusal of an appraiser classification. Whenever any occupational licensing body of this state, any other state, or any foreign country has revoked the license or classification of an applicant for a classification or whenever such an applicant has allowed a license or classification to lapse or has surrendered a license or classification to any occupational licensing body of this state, any other state, or any foreign country after that body has initiated an investigation or a

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disciplinary process regarding such applicants license or classification, the board may issue an appraiser classification only if:
(1) At least five years have passed since the date that the applicants occupational registration, license, or certification was revoked or surrendered; (2) No criminal charges are pending against the applicant at the time of application; and (3) The applicant presents to the board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interests of the public. (i) Whenever any appraiser is convicted of any offense enumerated in subsection (b) of this Code section, such appraiser must immediately notify the board of that conviction. Such appraisers appraiser classification shall automatically be revoked 60 days after the conviction unless the appraiser makes a written request to the board for a hearing during that 60 day period. Following any such hearing held requested pursuant to this subsection, the board in its discretion may impose upon that appraiser any sanction permitted by this chapter."
SECTION 4. Said chapter is further amended by striking subsection (a) of Code Section 43-39A-15, relating to hearings in accordance with the Georgia Administrative Procedure Act, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) If the board, after an application in proper form has been filed with it, accompanied by the proper fee, shall refuse to accept the application issue an appraiser classification to such applicant, the board shall provide an opportunity for a hearing for such applicant in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Unless otherwise agreed to by the board, all such hearings shall be held in the county of domicile of the board"
SECTION 5. Said chapter is further amended by striking Code Section 43-39A-18, relating to penalties for violations, and inserting in lieu thereof a new Code Section 43-39A-18 to read as follows:
"43-39A-18. (a) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the board shall have the power to reprimand appraisers and approved schools; to revoke or suspend any appraiser classification issued under this chapter; to revoke any appraiser classification issued to an appraiser under this chapter and simultaneously to issue such appraiser a classification with more restricted authority to conduct appraisals; to revoke or suspend approval of any school; to impose a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations with fines for multiple violations limited to $5,000.00 in any one hearing; to require completion of a course of study in real estate

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appraisal or instruction; or to utilize any combination of these sanctions which the board may deem appropriate whenever an appraiser classification or a school approval has been obtained by false or fraudulent representation or whenever an appraiser or an approved school has been found guilty of a violation of this chapter, of the rules and regulations promulgated by the board, or of any standard of conduct, including, but not limited to, the following acts or omissions: In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' whenever an appraiser, a school approval, or an instructor approval has been obtained by false or fraudulent representation; or whenever an appraiser, an approved school, or an approved instructor has been found guilty of a violation of this chapter, or of the rules and regulations promulgated by the board, or of any unfair trade practices, including, but not limited to, those listed in this Code section; the board shall have the power to take any one or more of the following actions:
(1) Refuse to grant or renew a classification to an applicant; (2) Administer a reprimand; (3) Suspend any classification or approval for a definite period of time or for an indefinite period of time in connection with any condition that may be attached to the restoration of the classification or approval; (4) Revoke any classification or approval; (5) Revoke any classification issued to an appraiser and simultaneously issue such appraiser a classification with more restricted authority to conduct appraisals; (6) Impose on an appraiser, applicant, school approval, or instructor approval monetary assessments in an amount necessary to reimburse the board for administrative, investigative, and legal costs and expenses incurred by the board in conducting any proceeding authorized under this chapter or Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; (7) Impose a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations with fines for multiple violations limited to $5,000.00 in any one disciplinary proceeding or such other amount as the parties may agree; (8) Require completion of a course of study in real estate appraisal or instruction; or (9) Limit or restrict any classification or approval as the board deems necessary for the protection of the public. (b) Appraisers shall not engage in the following unfair trade practices: (1) Performing any real estate appraisal activity or specialized services which indicate any preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status, or national origin or an intention to make any such preference, limitation, or discrimination; (2) An act or omission involving dishonesty, fraud, or misrepresentation with the intent to benefit substantially an appraiser or another person or with the intent to injure substantially another person; (3) Commission of any act of fraud, misrepresentation, or deceit in the making of an appraisal of real estate for which act a final civil or criminal judgment has been rendered;

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(4) Engaging in real estate appraisal activity under an assumed or fictitious name not properly registered in this state; (5) Paying a finders fee or a referral fee to a person who is not an appraiser in connection with an appraisal of real estate or real property; (6) Making a false or misleading statement in that portion of a written appraisal report that deals with professional qualifications or in any testimony concerning professional qualifications; (7) Violation of the confidential nature of governmental records to which an appraiser gained access through employment or engagement as an appraiser by a governmental agency; (8) Violation of any of the standards for the development or communication of real estate appraisals as promulgated by the board; (9) Failure or refusal without good cause to exercise reasonable diligence in developing an appraisal, preparing an appraisal report, or communicating an appraisal; (10) Negligence or incompetence in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal; (11) Accepting an independent appraisal assignment when the employment itself is contingent upon the appraisers reporting a predetermined estimate, analysis, valuation, or opinion or where the fee to be paid is contingent upon the opinion, conclusions, analysis, or valuation reached or upon the consequences resulting from the appraisal assignment; (12) Failure to retain for a period of five years the original or a true copy of each appraisal report prepared or signed by the appraiser and all supporting data assembled and formulated by the appraiser in preparing each such appraisal report. The fiveyear period for retention of records is applicable to each engagement of the services of the appraiser and shall commence upon the date of the delivery of each appraisal report to the client unless, within such five-year period, the appraiser is notified that the appraisal or the appraisal report is involved in litigation, in which event the fiveyear period for the retention of records shall commence upon the date of the final disposition of such litigation; (13) Failure upon reasonable request of an appraiser to make all records required to be maintained under the provisions of this chapter available to the board for inspection and copying by the board; (14) Performing any appraisal beyond the scope of authority granted in the appraiser classification held; (15) Demonstrating incompetency to act as an appraiser in such a manner as to safeguard the interests of the public or any other conduct, whether of the same or a different character than specified in this subsection, which constitutes dishonest dealing; (16) Performing or attempting to perform any real estate appraisal activity on property located in another state without first having complied fully with that states laws regarding real estate appraisal activity;

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(17) Providing an oral appraisal report in a federally related transaction; (18) Utilizing the services of any person in other than a ministerial capacity in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal if such persons appraiser classification is suspended or revoked or if such person does not hold an appraiser classification; or (19) Performing or attempting to perform any real estate appraisal activity in a federally related transaction without complying with the standards required by the federal financial institutions regulatory agency that regulates the financial transaction for which the appraisal assignment is undertaken. (b)(c) In a disciplinary proceeding based upon a civil judgment, an appraiser shall be afforded an opportunity to present matters in mitigation and extenuation but may not collaterally attack the civil judgment. (c)(d) When an appraiser has previously been sanctioned by the board or by any other states real estate appraiser licensing authority, the board may consider such prior sanction in determining the severity of a new sanction which may be imposed upon a finding that an appraiser has violated any provision of this chapter or any of the rules and regulations of the board. The failure of an appraiser to comply with or to obey a final order of the board may be cause for suspension or revocation of the individuals appraiser classification after opportunity for a hearing."
SECTION 6. Said chapter is further amended by striking subsection (a) of Code Section 43-39A-21, relating to hearings on the imposition of sanctions against appraisers, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Before the board shall impose on any appraiser any sanction permitted by this chapter, it shall provide an opportunity for a hearing for such appraiser in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Unless otherwise agreed to by the board, all such hearings shall be held in the county of domicile of the board."
SECTION 7. Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended by adding new paragraphs (2.1) and (11) to Code Section 43-40-1, relating to definitions, to read as follows:
"(2.1) 'Brokerage agreement' means an express written contract wherein the client promises to pay the real estate broker a valuable consideration or agrees that the real estate broker may receive a valuable consideration from another in consideration of the brokers producing a seller, buyer, tenant, or landlord ready, able, and willing to sell, buy, or rent the property or in consideration of the brokers performing property management services or performing community association management services." "(11) 'State' means any state, district, territory, possession, or province of the United States or Canada and any sovereign nation or any political subdivision of such sovereign nation."

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SECTION 8. Said chapter is further amended by striking subsections (c) and (g) of Code Section 4340-9, relating to nonresident licenses, and inserting in lieu thereof new subsections (c) and (g) to read as follows:
"(c) In order to be licensed in this state, nonresidents who are licensed in another state must meet any requirements established by the commission, which may include:
(1) Show satisfactory proof of current licensure in the applicants state of residence; (2) Pay any required fees; (3) Sign a statement which states that the applicant has read this chapter and its rules and regulations and agrees to abide by its provisions in all brokerage activity in this state; (4) Affiliate with a resident or nonresident broker if the applicant is an individual community association manager, salesperson, or associate broker. If a nonresident licensee terminates the affiliation with a broker licensed by the commission, the license of such nonresident shall automatically be terminated unless such nonresident places the license on inactive status or affiliates with another broker licensed by the commission within 30 days. No license shall be issued to any member, officer, independent contractor, employee, or partner of a nonresident firm until said firm qualifies for a brokers license. A nonresident corporation or limited liability company must obtain from the proper agency and maintain a certificate of authority to transact business in this state; (5) Provide any documentation required by the commission of the applicants licensure in any other state and copies of the records of any disciplinary actions taken against the applicants license in that or other states. The imposition of a disciplinary action by any other lawful licensing authority may be grounds for denial of license to a nonresident or for suspension or revocation of a license issued to a nonresident; (6) File with the commission a designation in writing that appoints the real estate commissioner to act as the licensees agent, upon whom all judicial and other process or legal notices directed to such licensee may be served. Service upon the real estate commissioner shall be equivalent to personal service upon the licensee. Copies of such appointment, certified by the real estate commissioner, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. In such written designation, the licensee shall agree that any lawful process against the licensee which is served upon the real estate commissioner shall be of the same legal force and validity as if served upon the licensee, and that authority shall continue in force so long as any liability remains outstanding in this state. Upon the receipt of any such process or notice, the real estate commissioner shall immediately mail a copy of the same by certified mail or statutory overnight delivery to the last known business address of the licensee; and (7) Agree in writing to cooperate with any investigation initiated by the commission by promptly supplying any documents any authorized investigator of the commission may request and by personally appearing at the commissions offices or other location in this state as the commissions investigator may request. If the commission sends a

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notice to produce documents or to appear for an interview with an authorized investigator of the commission by certified mail or statutory overnight delivery to the last known business address of a nonresident licensee and the nonresident licensee fails to comply with that request, the commission may impose on the nonresident licensee any disciplinary sanction permitted under this chapter." "(g) As used in this Code section, the term 'state' means any state, district, territory, possession, or province of the United States or Canada Reserved."
SECTION 9. Said chapter is further amended by striking Code Section 43-40-10, relating to granting of brokers license, associate brokers license, or salespersons license to firm, and inserting in lieu thereof a new Code Section 43-40-10 to read as follows:
"43-40-10. (a) No brokers license shall be granted to a firm unless: (1) said firm designates an individual licensed as a broker as its qualifying broker who shall be responsible for assuring that the firm and its affiliated licensees comply with the provisions of this chapter and its attendant rules and regulations; and (2) said firm authorizes its qualifying broker to bind the firm to any settlement of a contested case before the commission as defined in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' in which said firm may be a named respondent. Violations of this chapter or its rules and regulations by a firm licensed as a broker shall subject the license of the qualifying broker to sanction as authorized by this chapter. No brokers license shall be granted to a firm unless every person who acts as a licensee for such firm shall hold a real estate license. (b) No associate brokers, salespersons, or community association managers license shall be granted to a corporation, limited liability company, or partnership unless said corporation, limited liability company, or partnership designates an individual licensed as an associate broker who holds the same type of license as its qualifying associate broker licensee who shall be responsible for assuring that the corporation, limited liability company, or partnership complies with the provisions of this chapter and its attendant rules and regulations. Violations of this chapter or rules and regulations by a corporation, limited liability company, or partnership licensed as an associate broker, salesperson, or community association manager shall subject both the license of the entity and the license of the qualifying associate broker licensee to sanction as authorized by this chapter. The qualifying associate broker licensee shall be the only licensee of a corporation, limited liability company, or partnership licensed as an associate broker, salesperson, or community association manager. The license of a corporation, limited liability company, or partnership licensed as an associate broker, salesperson, or community association manager must be assigned to a licensed broker. The licensed associate broker, salesperson, or community association manager corporation, limited liability company, or partnership or qualifying associate broker licensee may not engage in the brokerage business except in behalf of the broker to whom its license is assigned.

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(c) No salespersons license shall be granted to a corporation, limited liability company, or partnership unless said corporation, limited liability company, or partnership designates an individual licensed as a salesperson as its qualifying salesperson who shall be responsible for assuring that the corporation, limited liability company, or partnership complies with the provisions of this chapter and its attendant rules and regulations. Violations of this chapter or rules and regulations by a corporation, limited liability company, or partnership licensed as a salesperson shall subject the license of the qualifying salesperson to sanction as authorized by this chapter. The qualifying salesperson shall be the only licensee of a corporation, limited liability company, or partnership licensed as a salesperson. The license of a corporation, limited liability company, or partnership licensed as a salesperson must be assigned to a licensed broker. The licensed salesperson corporation, limited liability company, or partnership, or qualifying salesperson may not engage in the brokerage business except in behalf of the broker to whom its license is assigned."
SECTION 10. Said chapter is further amended by striking Code Section 43-40-11, relating to form and display of license, and inserting in lieu thereof a new Code Section 43-40-11 to read as follows:
"43-40-11. The commission shall prescribe the form of the license. Each license shall have placed thereon the seal of the commission. The license of each affiliated licensee shall be delivered or mailed to the real estate broker for whom the licensee is acting and shall be kept in the custody and control of such broker. It shall be the duty of each broker to display the brokers own license conspicuously and those of the affiliated licensees in such brokers place of business. The commission shall prepare and deliver a pocket card certifying that the person whose name appears thereon is a licensee."
SECTION 11. Said chapter is further amended by striking subsections (h) and (i) of Code Section 4340-15, relating to grant, revocation, and suspension of licenses, and inserting in lieu thereof new subsections (h) and (i) to read as follows:
"(h) Whenever any occupational licensing body of this state, any other state, or any foreign country has sanctioned the license of an applicant for any license authorized by this chapter or whenever such an applicant has allowed a license to lapse or has surrendered a license to any occupational licensing body of this state, any other state, or any foreign country after that body has initiated an investigation or a disciplinary process regarding such applicants license, such sanction, lapsing, or surrender in itself may be a sufficient ground for refusal of a license. Whenever any occupational licensing body of this state, any other state, or any foreign country has revoked the license of an applicant for any license authorized by this chapter or whenever such an applicant has allowed a license to lapse or has surrendered a license to any occupational licensing body of this state, any other state, or foreign country after that body has

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initiated an investigation or a disciplinary process regarding such applicants license, the commission may issue an associate brokers or a brokers license only if:
(1) At least ten years have passed since the date that the applicants occupational license was revoked or surrendered; (2) No criminal charges are pending against the applicant at the time of application; and (3) The applicant presents to the commission satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public. (i) Whenever any licensee is convicted of any offense enumerated in subsection (b) of this Code section, the licensee must immediately notify the commission of that conviction. The licensees license shall automatically be revoked 60 days after the licensees conviction unless the licensee makes a written request to the commission for a hearing during that 60 day period. The failure of a licensee to notify the commission of the licensees conviction within 60 days of the date of that conviction shall be grounds for automatically revoking the licensees license prior to any hearing at the time the commission receives evidence of that conviction. Following any such hearing held requested pursuant to this subsection, the commission in its discretion may impose upon that licensee any sanction permitted by this chapter."
SECTION 12. Said chapter is further amended by striking subsection (a) of Code Section 43-40-16, relating to the nonacceptance of applications for licenses, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) If the commission, after an application in proper form has been filed with it, accompanied by the proper fee, shall refuse to accept the application issue a license to such applicant, the commission shall provide an opportunity for a hearing for such applicant in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Unless otherwise agreed by the commission, all such hearings shall be held in the county of the domicile of the commission."
SECTION 13. Said chapter is further amended by striking Code Section 43-40-17, relating to revocation or suspension of a license issued to a partnership, limited liability company, or corporation, and inserting in lieu a new Code Section 43-40-17 to read as follows:
"43-40-17. In the event of the revocation or suspension of the license issued to any partner of a partnership, to any member of a limited liability company, or to any officer of a corporation, the license issued to such partnership, limited liability company, or corporation shall be revoked by the commission unless, within a time fixed by the commission, where a partnership or limited liability company, the connection therewith of the partner or member whose license has been revoked is severed and such persons

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interest in the partnership or limited liability company and such persons share in its activities brought to an end or, where a corporation, the offending officer is discharged and shall have no further participation in its activities Reserved."
SECTION 14. Said chapter is further amended by striking Code Section 43-40-25, relating to violations by licensees, schools, and instructors, and inserting in lieu thereof a new Code Section 43-40-25 to read as follows:
"43-40-25. (a) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the commission shall have the power to reprimand licensees and approved schools or instructors; to revoke or suspend any license issued under this chapter; to revoke the license of a real estate broker or qualifying broker and simultaneously issue such licensee a salespersons license; to revoke or suspend approval of any school or instructor; to impose a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations with fines for multiple violations limited to $5,000.00 in any one hearing; to require completion of a course of study in real estate brokerage or instruction; to require the filing of periodic reports by an independent accountant on a real estate brokers designated trust account; or to utilize any combination of these sanctions which the commission may deem appropriate whenever a license, a school approval, or an instructor approval has been obtained by false or fraudulent representation or whenever a licensee, an approved school, or an approved instructor has been found guilty of a violation of this chapter, or of the rules and regulations promulgated by the commission, or of any unfair trade practices, including, but not limited to, the following: In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' whenever a license, a school approval, or an instructor approval has been obtained by false or fraudulent representation; or whenever a licensee, an approved school, or an approved instructor has been found guilty of a violation of this chapter, or of the rules and regulations promulgated by the commission, or of any unfair trade practices, including, but not limited to those listed in this Code section; the commission shall have the power to take any one or more of the following actions:
(1) Refuse to grant or renew a license to an applicant; (2) Administer a reprimand; (3) Suspend any license or approval for a definite period of time or for an indefinite period of time in connection with any condition that may be attached to the restoration of the license or approval; (4) Revoke any license or approval; (5) Revoke the license of a broker, qualifying broker, or associate broker and simultaneously issue such licensee a salespersons license; (6) Impose on a licensee, applicant, school approval, or instructor approval monetary assessments in an amount necessary to reimburse the commission for the

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administrative, investigative, and legal costs and expenses incurred by the commission in conducting any proceeding authorized under this chapter or Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; (7) Impose a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations with fines for multiple violations limited to $5,000.00 in any one disciplinary proceeding or such other amount as the parties may agree; (8) Require completion of a course of study in real estate brokerage or instruction; (9) Require the filing of periodic reports by an independent accountant on a real estate brokers designated trust account; or (10) Limit or restrict any license or approval as the commission deems necessary for the protection of the public. (b) Licensees shall not engage in any of the following unfair trade practices: (1) Because of race, color, religion, sex, disability, familial status, or national origin:
(A) Refusing to sell or rent after the making of a bona fide offer, or refusing to negotiate for the sale or rental of, or otherwise making unavailable or denying, real estate to any person; (B) Discriminating against any person in the terms, conditions, or privileges of sale or rental of real estate or in the provision of services or facilities in connection therewith; (C) Making, printing, or publishing or causing to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of real estate, that indicates any preference, limitation, or discrimination or an intention to make any such preference, limitation, or discrimination; (D) Representing to any person that any real estate is not available for inspection, sale, or rental when such real estate is in fact so available; or (E) Representing explicitly or implicitly that a change has or will or may occur in a block, neighborhood, or area in order to induce or discourage the listing, purchasing, selling, or renting of real estate; (2) Intentionally advertising material which is misleading or inaccurate or which in any way misrepresents any property, terms, values, policies, or services of the business conducted; (3) Failing to account for and remit any money coming into the licensees possession which belongs to others; (4) Commingling the money or other property of the licensees principals with the licensees own; (5) Failing to maintain and deposit in a separate, federally insured checking account all money received by said broker acting in said capacity, or as escrow agent or the temporary custodian of the funds of others, in a real estate transaction unless all parties having an interest in said funds have agreed otherwise in writing; (6) Accepting, giving, or charging any undisclosed commission, rebate, or direct profit on expenditures made for a principal or any undisclosed commission, rebate, or direct profit for procuring a loan or insurance or for conducting a property inspection related to a real estate transaction;

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(7) Representing or attempting to represent a real estate broker, other than the broker holding the licensees license, without the express knowledge and consent of the broker holding the licensees license; (8) Accepting a commission or other valuable consideration by a licensee from anyone other than the broker holding that licensees license without the consent of that broker; (9) Acting in the dual capacity of agent and undisclosed principal in any transaction; (10) Guaranteeing or authorizing any person to guarantee future profits which may result from the resale of real property; (11) Placing a sign on any property offering it for sale or rent without the written consent of the owner or the owners authorized agent and failing to remove such sign within ten days after the expiration of listing; (12) Offering real estate for sale or lease without the knowledge and consent of the owner or the owners authorized agent or on terms other than those authorized by the owner or the owners authorized agent; (13) Inducing any party to a contract of sale or lease, a listing contract, an exclusive agency contract or agreement, or a management agreement or a brokerage agreement to break such contract or brokerage agreement for the purpose of substituting in lieu thereof any other contract or brokerage agreement with another principal; (14) Negotiating a sale, exchange, or lease of real estate directly with an owner, or a lessor, a purchaser, or a tenant if the licensee knows that such owner or lessor has a written outstanding contract in connection with such property granting an exclusive agency or an exclusive right to sell to another broker or that such purchaser or tenant has a brokerage agreement with another broker; (15) Indicating that an opinion given to a potential seller, purchaser, landlord, or tenant regarding a listing, lease, rental, or purchase price is an appraisal unless such licensee holds an appraiser classification in accordance with Chapter 39A of this title; (16) Performing or attempting to perform any of the acts of a licensee on property located in another state without first having been properly licensed in that state or otherwise having complied fully with that states laws regarding real estate brokerage; (17) Paying a commission or compensation to any person for performing the services of a real estate licensee who has not first secured the appropriate license under this chapter or is not cooperating as a nonresident who is licensed in such nonresidents state or foreign country of residence, provided that nothing contained in this subsection or any other provision of this Code section shall be construed so as to prohibit the payment of earned commissions:
(A) To the estate or heirs of a deceased real estate licensee when such deceased real estate licensee had a valid Georgia real estate license in effect at the time the commission was earned and at the time of such persons death; or (B) To a citizen of another country acting as a referral agent if that country does not license real estate brokers and if the Georgia licensee paying such commission or compensation obtains and maintains reasonable written evidence that the payee is a citizen of said other country, is not a resident of this country, and is in the business

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of brokering real estate in said other country; (18) Failing to include a fixed date of expiration in any written listing agreement and failing to leave a copy of said agreement with the principal; (19) Failing to deliver, within a reasonable time, a completed copy of any purchase agreement or offer to buy or sell real estate to the purchaser and to the seller; (20) Failure by a broker to deliver to the seller in every real estate transaction, at the time said transaction is consummated, a complete, detailed closing statement showing all of the receipts and disbursements handled by such broker for the seller or failure to deliver to the buyer a complete statement showing all money received in said transaction from such buyer and how and for what the same was disbursed; the broker shall retain true copies of such statements in the brokers files; (21) Making any substantial misrepresentations; (22) Acting for more than one party in a transaction without the express written consent of all parties to the transaction; (23) Failure of an associate broker, salesperson, or community association manager to place, as soon after receipt as is practicably possible, in the custody of the broker holding the licensees license any deposit money or other money or funds entrusted to the licensee by any person dealing with the licensee as the representative of the licensees licensed broker; (24) Filing a listing contract or any document or instrument purporting to create a lien based on a listing contract for the purpose of casting a cloud upon the title to real estate when no valid claim under said listing contract exists; (25) Having demonstrated incompetency to act as a real estate licensee in such manner as to safeguard the interest of the public or any other conduct whether of the same or a different character than heretofore specified which constitutes dishonest dealing; (26) Obtaining an exclusive listing a brokerage agreement, a sales contract, or a lease management agreement from any owner, purchaser, or tenant while knowing or having reason to believe that another broker has an exclusive listing on the property a brokerage agreement with such owner, purchaser, or tenant, unless the licensee has written permission from the broker having the first exclusive listing brokerage agreement; provided, however, that notwithstanding the provisions of this paragraph, a licensee shall be permitted to present a proposal or bid for community association management if requested to do so in writing from a community association board of directors; (27) Failing to keep for a period of three years a true and correct copy of all sales contracts, closing statements, any offer or other document that resulted in the depositing of trust funds, accounting records related to the maintenance of any trust account required by this chapter, and other documents relating to real estate closings or transactions or failing to produce such documents at the reasonable request of the commission or any of its agents for their inspection; (28) Being or becoming a party to any falsification of any portion of any contract or other document involved in any real estate transaction;

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(29) Conducting the closing of any real estate transaction by any licensee except a broker unless the licensee acts under the supervision of the broker under whom such licensee is licensed or under the supervision of a practicing attorney with the knowledge and consent of the broker; (30) Failing to obtain the written agreement of the parties indicating to whom the broker shall pay any interest earned on trust funds deposited into an interest-bearing checking account prior to depositing those funds into such account; (31) Failing to disclose in a timely manner to all parties in a real estate transaction any agency relationship that the licensee may have with any of the parties; (32) Attempting to perform any act authorized by this chapter to be performed only by a broker, associate broker, or salesperson while licensed as a community association manager; (33) Attempting to sell, lease, or exchange the property of any member of a community association to which a licensee is providing community association management services without the express written consent of that association to do so; (33.1) Failure to deliver to a community association terminating a management contract within 30 days of the termination, or within such other time period as the management contract shall provide:
(A) A complete and accurate record of all transactions and funds handled during the period of the contract and not previously accounted for; (B) All records and documents received from the community association or received on the associations behalf; and (C) Any funds held on behalf of the community association; (33.2) Failure to deliver to a property owner terminating a management contract within 30 days of the termination, or within such other time period as the management contract shall provide: (A) A complete and accurate record of all transactions and funds handled during the period of the contract and not previously accounted for; (B) All records and documents received from the property owner or received on the owners behalf; and (C) Any funds held on behalf of the property owner; (34) Inducing any person to alter, modify, or change another licensees fee or commission for real estate brokerage services without that licensees prior written consent; or (35) Failing to obtain a persons agreement to refer that person to another licensee for brokerage or relocation services and to inform such person being referred whether or not the licensee will receive a valuable consideration for such referral. (b)(c) When a licensee has previously been sanctioned by the commission or by any other states real estate brokerage licensing authority, the commission, through its hearing officers, may consider any such prior sanctions in determining the severity of a new sanction which may be imposed upon a finding that the licensee has committed an unfair trade practice, that the licensee has violated any provision of this chapter, or that the licensee has violated any of the rules and regulations of the commission. The failure

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of a licensee to comply with or to obey a final order of the commission may be cause for suspension or revocation of the individuals license after opportunity for a hearing. (c)(d) Whenever a licensee acts in a real estate transaction as a principal or as an officer, employee, or member of a firm or any other entity acting as a principal, the commission may impose any sanction permitted by this chapter if the licensee commits any unfair trade practice enumerated in this Code section or violates any other provision of this chapter or any rules and regulations adopted pursuant to this chapter in such a transaction. (d)(e) Whenever a community association manager, a salesperson, or an associate broker violates any provision of this chapter or any rules and regulations adopted pursuant to this chapter by performing any duty or act of a broker enumerated in this chapter or any rules and regulations adopted pursuant to this chapter either with the proper delegation of that duty or act by the broker or without the brokers authorization, the commission may impose any sanction permitted under this chapter on the license of such community association manager, salesperson, or associate broker."
SECTION 15. Said chapter is further amended by striking Code Section 43-40-25.1, relating to completion of certain forms not being the practice of law, and inserting in lieu thereof a new Code Section 43-40-25.1 to read as follows:
"43-40-25.1. It shall be lawful for licensees to complete listing or sales contracts or leases whose form has been prepared by legal counsel and such conduct shall not constitute the unauthorized practice of law. In completing a lease or a written offer to buy, sell, lease, rent, or exchange real property, a licensee shall include a description of the property involved, a method of payment, any special stipulations or addenda the offer requires, and, upon acceptance by the offeree, the date of such acceptance such dates as may be necessary to determine whether the parties have acted timely in meeting their responsibilities under the lease, offer, or contract."
SECTION 16. Said chapter is further amended by striking subsection (a) of Code Section 43-40-26, relating to hearings before the commission, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Before the commission shall censure a licensee or before revoking or suspending a license, it shall provide an opportunity for a hearing for such holder of a license in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Unless otherwise agreed to by the commission, all such hearings shall be held in the county of domicile of the commission."
SECTION 17. Said chapter is further amended by striking subsection (e) of Code Section 43-40-27, relating to investigation of complaints, and inserting in lieu thereof a new subsection (e)

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to read as follows: "(e) Whenever the commission revokes or suspends for more than 60 days a license, a school approval, or an instructor approval or whenever a licensee, an approved school, or an approved instructor surrenders a license or an approval to the commission after the commission has filed a notice of hearing, in a contested case as defined in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the commission shall may publish the name of such licensee, approved school, or approved instructor on its official website or in its any other official newsletter publication of the agency."
SECTION 18. Said chapter is further amended by striking paragraph (7) of subsection (a) of Code Section 43-40-29, relating to exceptions to operation of chapter, and inserting in lieu thereof a new paragraph (7) to read as follows:
"(7) Any person who, as owner or through another person engaged by such owner on a full-time basis or as owner of a management company whose principals hold a controlling ownership of such property, provides property management services or community association management services, buys, sells, leases, manages, auctions, or otherwise deals with property owned by such person;".
SECTION 19. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 20. All laws and parts of laws in conflict with this Act are repealed.

The report of the 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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard E Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders

Y Day Y Dean Y Deloach
Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart E Elrod Y Epps

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre
Snow Y Stanley-Turner Y Stephens, E Y Stephens, R

Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, FEBRUARY 12, 2003

Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster
Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

393
Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 173, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 91.

By Representative Oliver of the 56th, Post 2:
A BILL to enact the "2003 Fairness in Arbitration Act"; to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide for a challenge to the neutrality of an arbitrator; to provide for vacation of an arbitration award based on an arbitrator's manifest disregard of the law; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To enact the "2003 Fairness in Arbitration Act"; to amend Code Section 9-9-13 of the Official Code of Georgia Annotated, relating to vacation of award by court, application, grounds, rehearing, and appeal of order, so as to provide for vacation of an arbitration

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award based on an arbitrators manifest disregard of the law; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "2003 Fairness in Arbitration Act."
SECTION 2. Code Section 9-9-13 of the Official Code of Georgia Annotated, relating to vacation of award by court, application, grounds, rehearing, and appeal of order is amended by striking subsection (b), and inserting in lieu thereof the following:
"(b) The award shall be vacated on the application of a party who either participated in the arbitration or was served with a demand for arbitration if the court finds that the rights of that party were prejudiced by:
(1) Corruption, fraud, or misconduct in procuring the award; (2) Partiality of an arbitrator appointed as a neutral; (3) An overstepping by the arbitrators of their authority or such imperfect execution of it that a final and definite award upon the subject matter submitted was not made; or (4) A failure to follow the procedure of this part, unless the party applying to vacate the award continued with the arbitration with notice of this failure and without objection; or (5) The arbitrators manifest disregard of the law."
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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard E Barnes Y Beasley-Teague Y Benfield Y Birdsong
Black

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson

Y Mobley Y Moraitakis Y Morris
Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow

Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, FEBRUARY 12, 2003

Y Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon
Sholar

395
Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 172, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Resolution of the House was read and adopted:

HR 174. By Representatives Coleman of the 118th, Oliver of the 121st, Post 2 and Barnard of the 121st, Post 1:
A RESOLUTION recognizing Telfair County's Arts on the Hill festival; and for other purposes.

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

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HR 176. By Representatives Dukes of the 136th, Beasley-Teague of the 48th, Post 2, Maddox of the 59th, Post 2, Epps of the 90th, Hugley of the 113th and others:
A RESOLUTION proclaiming February 18, 2003, as "African American Business Enterprise Day" and inviting the Georgia Summit of African American Business Organizations to appear before the House of Representatives; and for other purposes.

HR 177. By Representatives Hugley of the 113th, Buckner of the 109th, Buck of the 112th, Smyre of the 111th and Smith of the 110th:
A RESOLUTION commending the Muscogee County School District mentoring program "ON TRACK" and inviting representatives of the program, schools, and mentor organizations to appear before the House of Representatives; and for other purposes.

HR 178. By Representatives Purcell of the 122nd, Smith of the 76th and Douglas of the 73rd:
A RESOLUTION recognizing 4-H Day at the state capitol and inviting Cole Ryles, Dr. Roger C. (Bo) Ryles, and Dr. Gale A. Buchanan to appear before the House of Representatives; and for other purposes.

HR 179. By Representative Floyd of the 132nd:
A RESOLUTION commending the Crisp Academy Varsity Football Team and inviting it to apear before the House of Representatives; and for other purposes.

HR 180. By Representatives Jones of the 38th, Martin of the 37th, Burkhalter of the 36th, Wilkinson of the 41st, Campbell of the 39th and others:
A RESOLUTION commending the Georgia Recreation and Parks Association and inviting representatives of the association to appear before the House of Representatives; and for other purposes.

The following Resolutions of the House were read and adopted:

WEDNESDAY, FEBRUARY 12, 2003

397

HR 181. By Representatives Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:
A RESOLUTION honroing Dr. Ollie O. McGahee, Jr.; and for other purposes.

HR 182. By Representatives Purcell of the 122nd, Howell of the 92nd, Yates of the 85th, Post 1 and Lunsford of the 85th, Post 2:
A RESOLUTION recognizing and commending Matthew Wilson; and for other purposes.

HR 183. By Representatives Purcell of the 122nd, Jenkins of the 93rd, Howell of the 92nd, Yates of the 85th, Post 1 and Lunsford of the 85th, Post 2:
A RESOLUTION recognizing and commending Abby Fletcher; and for other purposes.

HR 184. By Representatives Purcell of the 122nd, Harbin of the 80th and Fleming of the 79th:
A RESOLUTION recognizing and commending Laurel O'Neal; and for other purposes.

HR 185. By Representatives Parham of the 94th and Hudson of the 95th:
A RESOLUTION celebrating the 200th anniversary of the founding of Milledgeville, Georgia; and for other purposes.

HR 186. By Representatives Dodson of the 84th, Post 1, Jordan of the 83rd, Barnes of the 84th, Post 2, Buckner of the 82nd and Hill of the 81st:
A RESOLUTION commending Richard (Ricky) Duncan; and for other purposes.

HR 187. By Representatives Dodson of the 84th, Post 1, Jordan of the 83rd, Barnes of the 84th, Post 2, Buckner of the 82nd and Hill of the 81st:

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A RESOLUTION commending Daniel Cirincione; and for other purposes.

HR 188. By Representatives Purcell of the 122nd and Hanner of the 133rd:
A RESOLUTION recognizing and commending Lisa Stephens; and for other purposes.

HR 189. By Representatives Purcell of the 122nd, Smith of the 76th, Powell of the 23rd and McCall of the 78th:
A RESOLUTION recognizing and commending Chris Roach; and for other purposes.

HR 190. By Representatives Purcell of the 122nd, Shaw of the 143rd, Black of the 144th and Borders of the 142nd:
A RESOLUTION recognizing and commending Robbie Jones; and for other purposes.

HR 191. By Representatives Purcell of the 122nd and Graves of the 10th:
A RESOLUTION recognizing and commending Hillary Munro; and for other purposes.

HR 192. By Representatives Purcell of the 122nd, Mangham of the 62nd, Watson of the 60th, Post 2, Stephenson of the 60th, Post 1, Greene-Johnson of the 60th, Post 3 and others:
A RESOLUTION commending Brittani Kelley; and for other purposes.

HR 193. By Representatives Purcell of the 122nd, James of the 114th and Ray of the 108th:
A RESOLUTION recognizing and commending Nekeisha Randall; and for other purposes.

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399

HR 194. By Representatives Chambers of the 53rd, Hill of the 16th, Warren of the 99th, Porter of the 119th, Smith of the 76th and others:
A RESOLUTION commending The Auditory-Verbal Center of Atlanta, Inc.; and for other purposes.

Representative Parrish of the 102nd District, Chairman of the Committee on Economic Development and Tourism, submitted the following report:
Mr. Speaker:
Your Committee on Economic Development and Tourism has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 225 Do Pass

Respectfully submitted, /s/ Parrish of the 102nd
Chairman

Representative Childers of the 13th District, Post 1, Chairman of the Committee on Health and Ecology, submitted the following report:

Mr. Speaker:

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

HB 45 HB 54 HB 56

Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Childers of the 13th, Post 1
Chairman

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Representative Smyre of the 111th 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 151 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Representative Jenkins of the 93rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 87 Do Pass HB 134 Do Pass

Respectfully submitted, /s/ Jenkins of the 93rd
Chairman

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

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

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401

SB 53. By Senators Cheeks of the 23rd, Starr of the 44th and Crotts of the 17th:
A BILL to be entitled an Act to amend Chapter 6A of Title 7 of the Official Code of Georgia Annotated, the "Georgia Fair Lending Act," so as to provide for exclusions to the definition of creditor; to exclude certain fees from the definition of points and fees; to provide for liability of creditors for violations of the Act; to provide for violations of the Act by brokers; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 110. By Senators Johnson of the 1st, Price of the 56th, Hill of the 4th and Meyer von Bremen of the 12th:
A RESOLUTION relative to adjournment; and for other purposes.

The Speaker announced the House in recess until 5:00 P.M., at which time the House will stand adjourned until 10:00 o'clock A.M. the next legislative day.

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Representative Hall, Atlanta, Georgia Thursday, February 13, 2003

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

By unanimous consent, the call of the roll was dispensed with.

Prayer was offered by the Reverend Dr. Arthur Carson, Jr., Pastor, Springfield Missionary Baptist Church, Atlanta, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

THURSDAY, FEBRUARY 13, 2003

403

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

HB 366. By Representatives Coleman of the 65th, McBee of the 74th, Cummings of the 19th, Jamieson of the 22nd and Mills of the 67th, Post 2:
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 that a teacher who retired on a service retirement may be employed as a classroom teacher, principal, superintendent, counselor, or librarian without having his or her benefits affected; and for other purposes.

Referred to the Committee on Retirement.

HB 367. By Representatives Keen of the 146th, Coleman of the 118th, Harbin of the 80th and Scott of the 138th:
A BILL to amend Article 2 of Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to creation and validity of express trusts, so as to provide for oral trust agreements for personal property; and for other purposes.

Referred to the Committee on Judiciary.

HB 368. By Representatives Hill of the 81st, Dodson of the 84th, Post 1, Barnes of the 84th, Post 2, Jordan of the 83rd, Forster of the 3rd, Post 1 and others:
A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the Georgia Board of Massage Therapists; to provide for definitions; to provide for members, officers, qualifications, duties, powers, authority, appointments, terms of office, oaths, and vacancies; to provide for qualifications of massage therapists; to provide for applications for licenses for massage therapists; to provide for the licensing and regulation of massage establishments; and for other purposes.

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Referred to the Committee on Governmental Affairs.

HB 369. By Representatives Ashe of the 42nd, Post 2, Ehrhart of the 28th and Jackson of the 124th, Post 1:
A BILL to amend Chapter 5 of Title 18 of the Official Code of Georgia Annotated, relating to debt adjustment, so as to limit the maximum charge that may be imposed for the provision of debt adjustment services; to provide for exemptions from those provisions related to debt adjustment; to require persons engaged in the business of debt adjustment to obtain an annual audit of all accounts and to maintain a certain amount and type of insurance coverage; and for other purposes.

Referred to the Committee on Judiciary.

HB 370. By Representatives Golick of the 34th, Post 3, Teilhet of the 34th, Post 2, Richardson of the 26th, Stoner of the 34th, Post 1, Manning of the 32nd and others:
A BILL to amend an Act creating the State Court of Cobb County, so as to change the compensation of the solicitor-general; to change the provisions relating to the compensation of assistant solicitors; and for other purposes.

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

HB 371. By Representatives Drenner of the 57th, Henson of the 55th, Harrell of the 54th, Dooley of the 33rd, Post 3, Mosby of the 59th, Post 3 and others:
A BILL to amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles, so as to provide for certain child passenger restraining systems related to a child's age, weight, and height; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 372. By Representatives Dodson of the 84th, Post 1, Buckner of the 109th, Mosby of the 59th, Post 3 and Stephenson of the 60th, Post 1:

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405

A BILL to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to provide for financial assistance to students, postgraduate trainees, or the parents of such for programs of study in fields in which critical personnel shortages exist in the authority's service area; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 373. By Representative Twiggs of the 8th:
A BILL to amend Article 4 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to electric membership corporations and foreign electric cooperatives, so as to require prior approval of transmission lines to be built for or on behalf of such entities; to define terms; to provide for a power plant and transmission line siting committee; to provide for the membership of the committee and their service and compensation; and for other purposes.

Referred to the Committee on Public Utilities.

HB 374. By Representative Rogers of the 20th:
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 timely payment for goods and services purchased by local boards of education; to provide for complaints to the State Board of Education; to provide for withholding of state funds in certain circumstances; to amend Chapters 60 and 80 of Title 36 of the Official Code of Georgia Annotated, relating, respectively, to general provisions applicable to municipal corporations and counties and to general provisions applicable to municipal corporations, counties, and other governmental entities; to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

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HB 375. By Representatives Golick of the 34th, Post 3, Teilhet of the 34th, Post 2, Richardson of the 26th, Stoner of the 34th, Post 1, Ehrhart of the 28th and others:
A BILL to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judges and associate judges of the state court; and for other purposes.

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

HB 376. By Representatives Coleman of the 65th, McBee of the 74th, Cummings of the 19th, Mills of the 67th, Post 2, Smith of the 110th 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 that retired principals and school superintendents may return to employment after retirement under certain conditions and the retirement benefits of such persons shall not be affected; and for other purposes.

Referred to the Committee on Retirement.

HB 377. By Representatives Franklin of the 17th, Burmeister of the 96th, Joyce of the 2nd, Heath of the 18th, Hines of the 35th and others:
A BILL to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against public health and morals, so as to make certain findings of fact; to define certain terms; to provide that any abortion shall be unlawful; and for other purposes.

Referred to the Committee on Judiciary.

HB 378. By Representative Richardson of the 26th:
A BILL to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change certain provisions regarding the levy and amount of state excise tax with respect to distilled spirits, malt

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407

beverages, and wines; and for other purposes.

Referred to the Committee on Regulated Beverages.

HB 379. By Representatives Richardson of the 26th, O`Neal of the 117th and Massey of the 24th:
A BILL to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, so as to provide for an excise tax with respect to loose or smokeless tobacco; to increase such tax with respect to little cigars, other cigars, and cigarettes; to change certain definitions; to change certain provisions regarding excise taxes; to provide for collection and remittance of an additional tax; to provide for criminal penalties; and for other purposes.

Referred to the Committee on Ways & Means.

HB 380. By Representatives Richardson of the 26th, O`Neal of the 117th, Massey of the 24th and Westmoreland of the 86th:
A BILL to provide for a referendum election to be held throughout the State of Georgia for the purpose of determining whether the qualified electors of Georgia desire that the "Current Georgia State Flag" be changed; to determine which flag, the "Pre-1956 Georgia State Flag" or the "Post-1956 Georgia State Flag," the qualified electors of Georgia prefer in the event that a majority of the qualified electors of Georgia are in favor of changing the "Current Georgia State Flag"; and for other purposes.

Referred to the Committee on Rules.

HB 381. By Representatives Marin of the 66th, Floyd of the 69th, Post 2, Coan of the 67th, Post 1, Heard of the 70th, Post 3, Thompson of the 69th, Post 1 and others:
A BILL to amend Chapter 15 of Title 16 of the Official Code of Georgia Annotated, relating to street gang terrorism and prevention, so as to change certain provisions relating to prohibited street gang activity participation and

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related punishments; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 382. By Representatives Black of the 144th, Williams of the 61st, Post 2, McBee of the 74th, Broome of the 141st, Post 2, Hines of the 35th and others:
A BILL to amend Code Section 47-2-292 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia by tax commissioners and receivers and their employees, contributions, and credit for prior service, so as to change the time during which such employees may exercise the option for such membership; to provide for creditable service for certain prior service; and for other purposes.

Referred to the Committee on Retirement.

HB 383. By Representatives Birdsong of the 104th, Royal of the 140th, Smyre of the 111th, Porter of the 119th, Buck of the 112th and others:
A BILL to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to provide that military income received by a member of the national guard or any reserve component of the armed services of the United States stationed in a combat zone as a result of military orders shall not be subject to state income tax; and for other purposes.

2/12/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 383. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Birdsong District 104

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409

Referred to the Committee on Ways & Means.

By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee:

HB 384. By Representatives Stanley-Turner of the 43rd, Post 2, Boggs of the 145th, Walker of the 115th, Holmes of the 48th, Post 1, Stokes of the 72nd and others:
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 that are not required to be open to the public; to change certain provisions relating to exceptions from the requirements of disclosure of public records; and for other purposes.

Referred to the Committee on Judiciary.

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

HB 338 HB 339 HB 340 HB 341 HB 342 HB 343 HB 344 HB 345 HB 346 HB 347 HB 348 HB 349 HB 350 HB 351 HB 352 HB 353 HB 354

HB 355 HB 356 HB 357 HB 358 HB 359 HB 360 HB 361 HB 362 HB 363 HB 364 HB 365 HR 171 HR 172 HR 173 HR 175 SB 14

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Pursuant to Rule 52, Representative Wix of the 33rd, Post 1 moved that the following Bill of the House be engrossed:

HB 361. By Representatives Wix of the 33rd, Post 1, Royal of the 140th, Buck of the 112th, Burkhalter of the 36th and Noel of the 44th:

A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales of certain energy efficient appliances; and for other purposes.

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

N Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux
Borders N Bridges N Brock Y Brooks Y Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper N Crawford Y Cummings

N Day Dean Deloach
N Dix Y Dodson N Dollar Y Dooley N Douglas E Drenner Y Dukes N Ehrhart E Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner Y Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner
Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath
Heckstall N Hembree Y Henson N Hill, C

N Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard
Howell Hudson Y Hugley Y Jackson Y James Y Jamieson Jenkins N Jones Y Jordan N Joyce N Keen N Knox Y Lane N Lewis Y Lord Y Lucas N Lunsford Maddox Y Mangham N Manning Y Marin N Martin N Massey N Maxwell Y McBee Y McCall McClinton N Millar N Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Y Ray Y Reece, B N Reece, S N Rice
Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders Y Sailor N Scott Y Shaw N Sheldon Y Sholar

Y Sims Sinkfield
Y Skipper E Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre
Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L N Walker, R.L Y Warren
Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Coleman, Speaker

THURSDAY, FEBRUARY 13, 2003

411

On the motion the ayes were 99, nays 60. The motion prevailed.

Pursuant to Rule 52, Representative Reece of the 11th moved that the following Bill of the House be engrossed:

HB 365. By Representative Reece of the 11th:

A BILL to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the green tree frog as the official state amphibian; and for other purposes.

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

N Amerson Y Anderson Y Ashe Y Bannister
Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders N Bridges N Brock
Brooks Y Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper

N Day Dean Deloach
N Dix Y Dodson
Dollar Y Dooley N Douglas E Drenner Y Dukes N Ehrhart E Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster N Franklin Y Gardner Y Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner
Harbin N Harper
Harrell Y Heard, J Y Heard, K N Heath
Heckstall N Hembree

Y Hill, C.A Y Hill, V N Hines
Holmes Y Houston
Howard Howell Hudson Y Hugley Y Jackson Y James Y Jamieson Jenkins N Jones Y Jordan N Joyce N Keen N Knox Y Lane N Lewis Lord Y Lucas N Lunsford Maddox Y Mangham N Manning Y Marin N Martin N Massey N Maxwell Y McBee Y McCall McClinton N Millar

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q
Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall
Ray Y Reece, B Y Reece, S N Rice
Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders Y Sailor N Scott Y Shaw

Y Sims Sinkfield
Y Skipper E Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L N Walker, R.L Y Warren
Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix

412
N Crawford Y Cummings

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Y Henson N Hill, C

N Mills Y Mitchell

N Sheldon Y Sholar

On the motion the ayes were 94, nays 56. The motion prevailed.

Yates Coleman, Speaker

Pursuant to Rule 52, Representative Skipper of the 116th moved that the following Resolution of the House be engrossed:

HR 173. By Representatives Skipper of the 116th, Smyre of the 111th, Porter of the 119th and Orrock of the 51st:
A RESOLUTION amending the Rules of the House of Representatives; and for other purposes.

The motion prevailed.

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

HR 175. By Representative Rogers of the 20th:
A RESOLUTION recognizing Boyd Rodney "Rod" Smith and designating the Rod Smith Memorial Garden; and for other purposes.

The motion prevailed.

Representative Childers of the 13th District, Post 1, Chairman of the Committee on Health and Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health and Ecology has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

THURSDAY, FEBRUARY 13, 2003

413

HB 53 Do Pass, by Substitute

Respectfully submitted, /s/ Childers of the 13th, Post 1
Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 312 Do Pass HB 317 Do Pass HB 323 Do Pass

HB 333 Do Pass HB 334 Do Pass HB 335 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

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

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 13, 2003

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 16th Legislative Day as enumerated below:

HB 121 HB 227

Supplemental appropriations; FY 2002 - 2003 Wild animal permit; exempt Bengal cat

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

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JOURNAL OF THE HOUSE

Respectfully submitted, /s/ Smyre of the 111th
Chairman

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 312. By Representatives Walker of the 71st, Post 1, Sheldon of the 71st, Post 2, Stokes of the 72nd and Douglas of the 73rd:
A BILL to create a board of elections and registration for Walton County and provide for its powers and duties; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 317. By Representatives Walker of the 71st, Post 1, Sheldon of the 71st, Post 2, Stokes of the 72nd and Douglas of the 73rd:
A BILL to amend an Act creating the Walton County Commission on Children and Youth, so as to create the Partnership for Families, Children, and Youth as the successor to such commission; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 323. By Representatives McBee of the 74th, Heard of the 75th and Smith of the 76th:

THURSDAY, FEBRUARY 13, 2003

415

A BILL to amend an Act establishing the Unified Government of AthensClarke County, so as to change certain provisions regarding how membership positions on the Athens-Clarke County Industrial Development Authority shall be construed as a result of the changes effected by the governmental reorganization which resulted in that unified government; and for other purposes.

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 100, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 333. By Representatives Forster of the 3rd, Post 1, Joyce of the 2nd and White of the 3rd, Post 2:
A BILL to amend an Act creating a board of elections and registration for Catoosa County, so as to provide for the composition of the board and the method of appointment, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; and for other purposes.

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 100, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 334. By Representatives Forster of the 3rd, Post 1, Joyce of the 2nd and White of the 3rd, Post 2:
A BILL to amend an Act to reconstitute the Board of Education of Catoosa 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

416

JOURNAL OF THE HOUSE

agreed to. On the passage of the Bill, the ayes were 100, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 335. By Representative Lord of the 103rd:
A BILL to repeal an Act providing for a nonstaggered four-month vehicle registration period for Washington County; to specify the vehicle registration period for Washington County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

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

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 12. By Senators Unterman of the 45th, Balfour of the 9th and Squires of the 5th:
A BILL to be entitled an Act to amend Code Section 30-5-8 of the Official Code of Georgia Annotated, relating to criminal offenses and penalties for abuse, neglect, and exploitation of disabled adults and elder persons, so as to increase the penalty for abuse, neglect, and exploitation of disabled adults and elder persons to a felony; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 73. By Senators Brush of the 24th, Johnson of the 1st and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 50 of

THURSDAY, FEBRUARY 13, 2003

417

the Official Code of Georgia Annotated, relating to general provisions relative to state property, so as to prohibit the naming or renaming of state property for any elected public official unless he or she has been out of office for at least five years; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 83. By Senators Starr of the 44th, Meyer von Bremen of the 12th, Seay of the 34th and Clay of the 37th:
A BILL to be entitled an Act to amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to change the membership of the boards of trustees of such libraries; to provide that funds collected for such libraries may be used to provide a law library for the district attorney of the judicial circuit, the solicitor-general of the state court, or the public defender; to provide that excess funds may be used to provide legal representation for indigent defendants; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

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

SB 12.

By Senators Unterman of the 45th, Balfour of the 9th and Squires of the 5th:
A BILL to be entitled an Act to amend Code Section 30-5-8 of the Official Code of Georgia Annotated, relating to criminal offenses and penalties for abuse, neglect, and exploitation of disabled adults and elder persons, so as to increase the penalty for abuse, neglect, and exploitation of disabled adults and elder persons to a felony; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Judiciary.

SB 53.

By Senators Cheeks of the 23rd, Starr of the 44th and Crotts of the 17th:
A BILL to be entitled an Act to amend Chapter 6A of Title 7 of the Official Code of Georgia Annotated, the "Georgia Fair Lending Act," so as to provide for exclusions to the definition of creditor; to exclude certain fees from the definition of points and fees; to provide for liability of creditors for violations of the Act; to provide for violations of the Act by brokers; to provide for

418

JOURNAL OF THE HOUSE

related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Banks and Banking.

SB 73.

By Senators Brush of the 24th, Johnson of the 1st and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state property, so as to prohibit the naming or renaming of state property for any elected public official unless he or she has been out of office for at least five years; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Institutions & Property.

SB 83.

By Senators Starr of the 44th, Meyer von Bremen of the 12th, Seay of the 34th and Clay of the 37th:
A BILL to be entitled an Act to amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to change the membership of the boards of trustees of such libraries; to provide that funds collected for such libraries may be used to provide a law library for the district attorney of the judicial circuit, the solicitor-general of the state court, or the public defender; to provide that excess funds may be used to provide legal representation for indigent defendants; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

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

HR 151. By Representatives Ashe of the 42nd, Post 2, Manning of the 32nd, Willard of the 40th, Bordeaux of the 125th, Cooper of the 30th and others:
A RESOLUTION recognizing the Presbytery of Greater Atlanta and inviting

THURSDAY, FEBRUARY 13, 2003

419

representatives to appear before this body; and for other purposes.

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

HB 227. By Representatives Heard of the 75th, McBee of the 74th and Rogers of the 15th:
A BILL to amend Code Section 27-5-5 of the Official Code of Georgia Annotated, relating to wild animals for which a license or permit is required, so as to provide for an exception for Bengal cats; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Code Section 27-5-5 of the Official Code of Georgia Annotated, relating to wild animals for which a license or permit is required, so as to provide for an exception for Bengal cats; 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 27-5-5 of the Official Code of Georgia Annotated, relating to wild animals for which a license or permit is required, is amended by striking subparagraph (b)(1)(K) and inserting in lieu thereof the following:
"(K) Order Carnivora (weasels, ferrets, cats, bears, wolves, etc.) -- All species, except that a European ferret (Mustela putorius furo) or a domestic Bengal cat may be sold, purchased, exhibited, or held as a pet without a license or permit; provided, however, that the ferret owner can provide valid documentation that the ferret was sexually neutered prior to seven months of age and is vaccinated against rabies with a properly administered vaccine approved for use on ferrets by the United States Department of Agriculture and except hybrid offspring of Asian leopard cats (felis bengalansis) which have been recognized by registration in a national cat fancy organization as the domestic breed of Bengal cat, provided such registration shall not include any animal less than four generations removed from an Asian leopard cat;".

420

JOURNAL OF THE HOUSE

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

The following amendment was read and adopted:

Representative Heard of the 75th moves to amend the Committee substitute to HB 227 by striking line 15 on page 1 and inserting in lieu thereof the following:
"Agriculture; and provided further that as used in this subparagraph, the term 'domestic Bengal cat' shall include only the hybrid offspring of Asian leopard cats (felis bengalansis) which".

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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas E Drenner Y Dukes Y Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q N Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson

Y Sims Y Sinkfield Y Skipper E Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren

Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

THURSDAY, FEBRUARY 13, 2003

Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath
Heckstall Y Hembree Y Henson Y Hill, C

Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton N Millar Y Mills Y Mitchell

Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

421
Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 169, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The following Resolution of the Senate was read:

SR 110. By Senators Johnson of the 1st, Price of the 56th, Hill of the 4th and Meyer von Bremen of the 12th:
A RESOLUTION relative to adjournment; and for other purposes.

The following substitute, offered by Representative Skipper of the 116th et al., was read and adopted:

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Tuesday, February 18, 2003, and shall reconvene on Wednesday, February 26, 2003.
BE IT FURTHER RESOLVED that for the duration of the remainder of the 2003 session of the General Assembly until its adjournment sine die, unless otherwise provided by resolution of the General Assembly, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and shall reconvene on the Monday next following. BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for

422

JOURNAL OF THE HOUSE

convening the Senate on each such Monday may be as ordered by the Senate; and the hour for convening the House on each such Monday may be as ordered by the House.

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas E Drenner Y Dukes Y Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner
Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson
Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath
Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray
Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L
Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott
Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper E Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M
Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the adoption of the Resolution, by substitute, the ayes were 166, nays 0. The Resolution was adopted, by substitute.

Under the general order of business, established by the Committee on Rules, the

THURSDAY, FEBRUARY 13, 2003

423

following Bill of the House was taken up for consideration and read the third time:

HB 121. By Representatives Coleman of the 118th, Buck of the 112th, Skipper of the 116th, Westmoreland of the 86th, O`Neal of the 117th and others:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2002-2003 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2002-2003; and for other purposes.

The following Committee substitute was read:

A BILL
To amend an Act providing appropriations for the State Fiscal Year 20022003 known as the "General Appropriations Act", approved May 13, 2002 (Ga. L. 2002, p. 673), so as to change certain appropriations for the State Fiscal Year 2002-2003; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1.
An Act providing appropriations for the State Fiscal Year 2002-2003, as amended, known as the "General Appropriations Act" approved May 13, 2002 (Ga. L. 2002, p. 673), is further amended by striking everything following the enacting clause through Section 68, and by substituting in lieu thereof the following:
AThat 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 $13,834,000,000 (excluding indigent trust fund receipts, tobacco fund receipts and lottery receipts) for State Fiscal Year 2003.
PART I. LEGISLATIVE BRANCH Section 1. General Assembly.

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JOURNAL OF THE HOUSE

State Funds Personal Services - Staff Personal Services - Elected Officials Regular Operating Expenses Travel - Staff Travel - Elected Officials Capital Outlay Per Diem Differential Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees - Staff Contracts - Staff Per Diem and Fees - Elected Officials Contracts - Elected Officials Photography Expense Reimbursement Account
Total Funds Budgeted
State Funds Budgeted

$ 35,277,560

$ 18,754,805

$ 5,766,807

$ 2,734,434

$

135,000

$

3,500

$

0

$

0

$

786,500

$

232,200

$

7,500

$

698,000

$

110,303

$

85,000

$ 3,376,511

$

830,000

$

105,000

$ 1,652,000

$ 35,277,560

$ 35,277,560

Senate Functional Budgets

Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Total

Total Funds State Funds $ 6,276,458 $ 6,276,458 $ 1,117,337 $ 1,117,337 $ 1,447,349 $ 1,447,349 $ 8,841,144 $ 8,841,144

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

$ 13,588,699 $ 13,588,699

$

467,448 $

467,448

$ 1,669,110 $ 1,669,110

$ 15,725,257 $ 15,725,257

Joint Functional Budgets

Legislative Counsel's Office Legislative Fiscal Office

Total Funds State Funds $ 3,186,819 $ 3,186,819 $ 2,395,350 $ 2,395,350

THURSDAY, FEBRUARY 13, 2003

425

Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight Committee Total

$ 1,237,118 $ 1,237,118

$ 3,449,900 $ 3,449,900

$

441,972 $

441,972

$ 10,711,159 $ 10,711,159

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 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.

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JOURNAL OF THE HOUSE

Section 2. Department of Audits. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications
Total Funds Budgeted
State Funds Budgeted

$ 30,302,276

$ 24,867,476

$

838,600

$

500,000

$

0

$

192,390

$ 1,113,575

$

203,000

$

0

$ 2,228,000

$

359,235

$ 30,302,276

$ 30,302,276

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

$ 139,444,691

$ 17,386,921

$ 117,495,274

$ 4,191,771

$ 1,939,121

$

48,500

$

800,000

$

628,375

$ 142,489,962

$ 139,444,691

Judicial Branch Functional Budgets

Supreme Court Court of Appeals Superior Court - Judges Superior Court - District Attorneys Juvenile Court Institute of Continuing Judicial Education Judicial Council Judicial Qualifications Commission

Total Funds State Funds

$ 8,867,690 $ 7,547,324

$ 11,667,428 $ 11,571,428

$ 49,224,653 $ 49,224,653

$ 45,631,799 $ 44,087,894

$ 1,424,336 $ 1,424,336

$ 1,234,973 $ 1,234,973

$ 14,432,702 $ 14,347,702

$

268,279 $

268,279

THURSDAY, FEBRUARY 13, 2003

427

Indigent Defense Council Georgia Courts Automation Commission Georgia Office Of Dispute Resolution
Total

$ 7,682,177 $ 7,682,177

$ 1,700,368 $ 1,700,368

$

355,557 $

355,557

$ 142,489,962 $ 139,444,691

Section 4. Department of Administrative Services. A. Budget Unit: State Funds - Department of
Administrative Services Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Rents and Maintenance Expense Utilities Payments to DOAS Fiscal Administration Direct Payments to Georgia Building Authority for
Capital Outlay Direct Payments to Georgia Building Authority for
Operations Telephone Billings Radio Billings Materials for Resale Public Safety Officers Indemnity Fund Health Planning Review Board Operations Payments to Aviation Hall of Fame Payments to Golf Hall of Fame Alternative Fuels Grant State Self Insurance Fund Payments to Georgia Technology Authority Removal of Hazardous Waste Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 41,648,727

$ 18,978,286

$ 4,839,418

$

288,341

$

20,418

$

150,042

$ 3,354,953

$ 1,166,069

$

486,786

$

736,181

$

345,435

$

0

$

0

$

0

$ 2,350,000

$ 1,532,156

$

0

$

0

$ 6,014,012

$

445,222

$

33,950

$

47,045

$

72,750

$

398,247

$

0

$ 23,026,003

$

98,000

$ (1,359,070)

$ 63,024,244

$ 41,648,727

Departmental Functional Budgets

428

JOURNAL OF THE HOUSE

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 Austerity Adjustments Total

Total Funds State Funds

$ 32,942,809 $ 29,971,658

$ 13,992,244 $ 1,239,714

$ 3,473,850 $ 3,444,480

$ 3,439,857 $

445,222

$ 1,502,397

1,467,986

$ 1,056,867 $ 1,044,170

$

653,647 $

653,647

$ 2,663,928 $

387,129

$ 4,657,715 $ 4,353,791

$ (1,359,070) $ (1,359,070)

$ 63,024,244 $ 41,648,727

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 Facilities Renovations and Repairs Payments to Department of Public Safety
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

$ 1,050,360

$ 5,508,583

$ 8,096,639

$ 1,439,409

$ 3,151,435

$ 44,840,097

$

0

Departmental Functional Budgets

Executive Division Facilities Operations Property Resources Internal Operations Transportation External Operations Total

Total Funds State Funds

$ 2,118,816 $

0

$ 27,567,904 $

0

$ 6,437,197 $

0

$ 2,141,473 $

0

$ 2,349,766 $

0

$ 4,224,941 $

0

$ 44,840,097 $

0

THURSDAY, FEBRUARY 13, 2003
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 Austerity Adjustments
Total Funds Budgeted State Funds Budgeted
Section 5. Department of Agriculture. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Market Bulletin Postage Payments to Athens and Tifton Veterinary
Laboratories Poultry Veterinary Diagnostic Laboratories in
Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe Veterinary Fees Indemnities Advertising Contract

429

$

0

$ 56,046,961

$ 5,370,000

$

640,000

$

0

$

468,425

$ 25,712,369

$ 4,117,263

$

6,000

$ 18,307,086

$ 3,249,000

$

0

$ 86,323,000

$

501,019

$ 1,901,830

$

0

$ (474,763)

$ 202,168,190

$

0

$ 40,039,095

$ 34,588,740

$ 4,344,894

$ 1,069,428

$

276,255

$

462,082

$

664,341

$ 1,208,440

$

398,176

$

33,500

$ 1,752,401

$ 1,138,240

$ 3,474,078

$ 2,918,351

$

142,000

$

10,000

$

425,000

430

JOURNAL OF THE HOUSE

Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets
Capital Outlay Contract - Federation of Southern Cooperatives Boll Weevil Eradication Program Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$

653,000

$

0

$

40,000

$

0

$ (909,812)

$ 52,689,114

$ 40,039,095

Departmental Functional Budgets

Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Austerity Adjustments Total

Total Funds State Funds

$ 9,082,293 $ 7,603,119

$ 15,789,496 $ 12,782,361

$ 7,993,766 $ 4,243,766

$ 8,096,851 $ 7,784,851

$

0$

0

$ 11,833,730 $ 8,534,810

$

802,790 $

0

$ (909,812) $ (909,812)

$ 52,689,114 $ 40,039,095

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 10,781,724

$ 9,496,764

$

284,269

$

331,853

$

16,500

$

2,347

$

196,978

$

542,079

$

124,341

$

10,435

$

0

$ (223,842)

$ 10,781,724

$ 10,781,724

Section 7. Department of Community Affairs. State Funds Personal Services Regular Operating Expenses

$ 46,486,116 $ 23,106,385 $ 1,979,687

THURSDAY, FEBRUARY 13, 2003

431

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$

611,739

$

0

$

166,022

$ 1,488,569

$

980,976

$

714,692

$

573,436

$

536,967

$

0

$ 1,921,288

$ 16,677,510

$

152,750

$ 30,000,000

$

265,000

$ 5,000,000

$ 2,947,155

$

0

$

238,162

$ 3,056,375

$

800,414

$ 2,880,000

$

0

$

0

$

705,094

$ 1,250,000

$ 50,000,000

$ 4,498,741

$ 1,000,000

$

495,000

$

200,000

$ (225,044)

$ 152,020,918

$ 46,486,116

Departmental Functional Budgets

Executive Division Planning and Environmental Management Division Business and Financial Assistance Division

Total Funds State Funds $ 17,527,869 $ 17,275,834 $ 4,428,782 $ 4,200,706 $ 37,408,501 $ 5,755,143

432

JOURNAL OF THE HOUSE

Housing Finance Division Finance Division Administrative and Computer Support Division Georgia Music Hall of Fame Division Community Services Division Rural Development Division One Georgia Austerity Adjustments Total

$ 9,010,683 $

$ 7,855,448 $

$ 2,368,029 $

$ 1,303,148 $

$ 66,743,084 $

$ 5,360,516 $

$

239,902 $

$ (225,044) $

$ 152,020,918 $

2,941,752 6,201,448
629,176 804,816 3,541,769 5,360,516
0 (225,044) 46,486,116

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 Austerity Adjustments

$ 1,676,613,731

$ 18,116,681

$ 33,528,994

$ 8,676,868

$

388,883

$

0

$

75,136

$ 88,551,040

$ 1,743,338

$

965,696

$ 1,869,021

$ 412,905,707

$ 5,160,927,455

$ 1,097,500

$

16,757

$

183,244

$

809,076

$ 975,000,000

$

66,000

$

375,000

$

748,000

$ 4,012,890

$ 2,136,719

$

0

$ 3,772,911

$ 19,099,687

$ 8,165,630

$

445,900

$

460,013

$

116,400

$ (1,683,964)

THURSDAY, FEBRUARY 13, 2003

433

Total Funds Budgeted Tobacco Funds Budgeted
State Funds Budgeted

$ 6,724,453,901 $ 18,116,681 $ 1,676,613,731

Departmental Functional Budgets

Commissioner's Office Community Affairs Medicaid Benefits, Penalties and Disallowances Medical Assistance Plans Managed Care and Quality Information Technology General Counsel Operations Financial Planning and Fiscal Policy Minority Health Women's Health Rural Health State Health Benefit Plan Public Employee Health Claims Georgia Board for Physician Workforce State Medical Education Board Composite Board of Medical Examiners Austerity Adjustments Total

Total Funds State Funds

$

880,738 $

559,000

$

361,222 $

180,611

$ 5,160,927,455 $ 1,609,635,887

$ 109,545,074 $ 10,233,202

$ 3,829,906 $ 1,913,309

$ 99,215,125 $ 16,166,288

$ 7,806,019 $ 3,740,402

$ 6,430,480 $ 2,420,652

$ 6,266,601 $ 2,733,587

$ 3,882,150 $ 2,464,198

$

692,556 $

473,337

$

489,205 $

471,231

$ 3,312,332 $ 2,915,335

$ 304,991,665 $

0

$ 975,000,000 $

0

$ 38,706,563 $ 38,706,563

$ 1,419,696 $ 1,419,696

$ 2,381,078 $ 2,381,078

$ (1,683,964) $ (1,683,964)

$ 6,724,453,901 $ 1,694,730,412

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

$ 61,073,226

$ 4,970,705

$

373,107

$

165,254

$

45,000

$

0

$

1,155

434

JOURNAL OF THE HOUSE

Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts PeachCare Benefits, Penalties and Disallowances Austerity Adjustments
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 Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Funding

$

205,000

$

0

$

12,350

$

0

$ 8,713,020

$ 222,013,028

$

(49,478)

$ 231,478,436

$ 4,970,705

$ 61,073,226

$ 927,037,519

$ 579,024,118

$ 64,294,796

$ 2,026,509

$ 1,151,532

$ 3,626,259

$ 6,232,636

$ 7,504,319

$ 7,860,719

$

39,000

$ 82,833,575

$

0

$ 25,802,042

$ 1,300,000

$ 36,737,700

$ 8,621,740

$

0

$

893,624

$ 4,268,025

$ 1,627,150

$

577,160

$ 1,345,000

$ 127,386,917

$

449,944

$

753,000

$ (8,277,654)

$ 956,078,111

$

450,000

THURSDAY, FEBRUARY 13, 2003

435

State Funds Budgeted

$ 927,037,519

Departmental Functional Budgets

Executive Operations Administration Human Resources Field Probation Facilities Programs Austerity Adjustments
Total

Total Funds State Funds $ 31,246,133 $ 30,796,133 $ 35,297,197 $ 35,297,197 $ 8,812,294 $ 8,812,294 $ 88,425,039 $ 84,182,792 $ 654,051,228 $ 638,167,092 $ 146,523,874 $ 138,059,665 $ (8,277,654) $ (8,277,654) $ 956,078,111 $ 927,037,519

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 Capital Leases Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 8,146,887

$ 18,022,071

$ 23,807,148

$

90,875

$

0

$

52,800

$

123,625

$

44,010

$ 1,009,973

$ 1,341,895

$

244,000

$

337,000

$

9,930

$ (171,137)

$ 44,912,190

$ 8,146,887

Departmental Functional Budgets

Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Austerity Adjustments
Total

Total Funds State Funds

$ 2,866,951 $ 2,480,168

$ 7,582,167 $

932,779

$ 34,634,209 $ 4,905,077

$ (171,137) $ (171,137)

$ 44,912,190 $ 8,146,887

436

JOURNAL OF THE HOUSE

Section 11. State Board of Education A. Budget Unit: State Funds - Department of
Education Tobacco Funds Operations: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Utilities Capital Outlay QBE Formula Grants: Kindergarten/Grades 1 - 3 Grades 4 - 8 Grades 9 - 12 Limited English-Speaking Students Program Alternative Programs Vocational Education Laboratories Special Education Gifted Remedial Education Additional Instruction Staff Development and Professional Development Media Indirect Cost Pupil Transportation 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

$ 5,999,660,570

$ 30,000,000

$ 42,599,551

$ 5,806,216

$ 1,336,330

$

0

$

272,631

$ 1,148,443

$ 4,083,501

$ 46,406,143

$ 9,828,493

$

915,783

$

772,896

$ 30,569,700

$ 1,670,110,038

$ 1,518,329,279

$ 731,751,267

$ 59,173,375

$ 67,252,978

$ 184,842,312

$ 720,668,663

$ 160,116,639

$ 23,823,728

$ 47,746,071

$ 29,837,332

$ 144,071,393

$ 888,891,079

$ 164,823,928

$ (1,101,591,195)

$ 118,060,632

$

0

$ 272,546,104

$ 6,352,443

$

826,722

$

860,000

$ 4,209,800

THURSDAY, FEBRUARY 13, 2003
High School Program Payment of Federal Funds to Board of Technical
and Adult Education Vocational Research and Curriculum Title I-A Improving Basic Programs - LEA's Title I-B Even Start Instructional Services for the Handicapped Retirement (H.B. 272 and H.B. 1321) Title VI-B State Assessment Programs Tuition for the Multi-Handicapped PSAT School Lunch (Federal) Joint Evening Programs Education of Homeless Children/Youth Pay for Performance Pre-School Handicapped Program Mentor Teachers Environmental Science Grants Advanced Placement Exams Serve America Program Title IV-A1, Safe and Drug Free Schools School Lunch (State) Charter Schools Refugee School Impact Title V, Innovative Programs State and Local Education Improvement Health Insurance - Non-Cert. Personnel and Retired
Teachers Innovative Programs Title II Math/Science Grant (Federal) Migrant Education (State) Regional Education Service Agencies Severely Emotionally Disturbed Georgia Learning Resources System Special Education at State Institutions Byrd Honor Scholarships Title 1-F, Comprehensive School Reform Character Education National Teacher Certification Health Insurance Adjustment Principal Supplements Class Size Reduction Grants For School Nurses

437

$ 56,305,453 $ 16,909,425

$

112,907

$ 309,883,868

$ 7,021,675

$ 191,495,397

$ 5,508,750

$

0

$ 1,813,433

$

733,805

$ 188,375,722

$

259,313

$ 1,546,542

$ 7,719,000

$ 22,207,231

$ 1,212,500

$

97,000

$ 2,808,000

$

150,000

$ 10,567,629

$ 37,934,355

$ 8,908,679

$

639,390

$ 9,389,202

$

0

$ 107,826,070

$

0

$

0

$

274,395

$ 11,903,088

$ 66,619,874

$ 4,986,505

$ 3,895,955

$ 1,188,000

$ 8,478,748

$

250,000

$ 2,398,337

$

0

$ 6,925,330

$

0

$ 30,000,000

438

JOURNAL OF THE HOUSE

Reading Programs Student Testing Internet Access School Improvement Teams Communities in Schools Georgia Learning Connection Knowledge is Power Program Postsecondary Options Title I-C Migrant Education (Federal) Title I-D Neglected and Delinquent Title II-A Improving Teacher Quality Title II-D Enhancing Education Thru Technology Title III-A English Language Title IV-B 21st Century Communication Title VI-B Rural and Low-Income Temporary QBE Reduction Austerity Adjustments
Total Funds Budgeted Indirect DOAS Services Funding
Tobacco Funds Budgeted State Funds Budgeted

$ 77,360,892

$ 13,836,059

$ 4,011,690

$ 20,909,228

$ 1,507,086

$

0

$

582,000

$ 4,015,000

$ 8,626,018

$ 2,000,255

$ 72,520,695

$ 17,764,034

$ 6,786,358

$ 8,691,764

$ 6,941,585

$ (131,536,534)

$ (18,378,955)

$ 7,078,425,028

$

0

$ 30,000,000

$ 5,999,660,570

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 Austerity Adjustments Total

Total Funds State Funds

$ 14,901,433 $ 12,871,838

$ 28,881,475 $ 10,478,340

$ 1,448,768 $ 1,371,179

$ 8,768,406 $ 3,294,939

$ 11,204,057 $

246,877

$ 18,231,017 $ 12,752,682

$ 6,994,316,072 $ 5,988,999,165

$ 6,203,855 $ 5,940,337

$ 5,990,908 $ 5,564,437

$ 6,857,992 $ 6,519,731

$ (18,378,955) $ (18,378,955)

$ 7,078,425,028 $ 6,029,660,570

B. Budget Unit: Lottery for Education Computers in the Classroom Distance Learning - Satellite Dishes Post Secondary Options

$

0

$

0

$

0

$

0

THURSDAY, FEBRUARY 13, 2003
Educational Technology Centers Assistive Technology Applied Technology Labs Financial and Management Equipment Alternative Programs Fort Discovery National Science Center Capital Outlay Learning Logic Sites Student Information System
Total Funds Budgeted Lottery Funds Budgeted
C. Budget Unit: Office of School Readiness Pre-Kindergarten - Grants Pre-Kindergarten - Personal Services Pre-Kindergarten - Operations Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Utilities Capital Outlay Federal Programs Standards of Care Austerity Adjustments
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

439

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$ 1,275,576

$ 245,057,987

$ 1,923,676

$ 5,659,478

$ 1,196,944

$

36,500

$

50,000

$

0

$

0

$

0

$

5,000

$

0

$

3,000

$

11,000

$

0

$

0

$ 75,495,529

$

424,000

$

(26,868)

$ 329,836,246

$ 252,641,141 $ 1,275,576

$

617,000

$ 3,697,923

$

654,200

$

29,000

$

0

$

12,450

440

JOURNAL OF THE HOUSE

Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Benefits to Retirees

Total Funds Budgeted State Funds Budgeted

$ 1,269,708

$

345,740

$

82,002

$

973,600

$ 2,526,000

$

617,000

$ 10,207,623

$

617,000

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 35,460,912

$ 31,626,657

$ 5,956,344

$

140,671

$ 1,042,852

$ 1,662,651

$

357,000

$

11,518

$

993,627

$

9,500

$

574,260

$

60,000

$

28,500

$

0

$

0

$ (746,546)

$ 41,717,034

$ 35,460,912

Departmental Functional Budgets

Reforestation Field Services General Administration and Support Austerity Adjustments Total

Total Funds State Funds

$ 2,045,695 $

13,839

$ 36,280,330 $ 32,224,219

$ 4,137,555 $ 3,969,400

$ (746,546) $ (746,546)

$ 41,717,034 $ 35,460,912

Section 14. Georgia Bureau of Investigation. State Funds Personal Services Regular Operating Expenses

$ 63,163,029 $ 53,441,683 $ 7,329,427

THURSDAY, FEBRUARY 13, 2003

441

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$

658,217

$

754,897

$

992,736

$ 2,578,794

$ 1,202,095

$ 1,409,626

$ 2,676,103

$ 2,596,885

$

378,908

$

0

$ 2,500,124

$ 35,250,509

$ (1,329,748)

$ 110,440,256

$ 63,163,029

Departmental Functional Budgets

Administration Investigative Georgia Crime Information Center Forensic Sciences Criminal Justice Coordinating Council Austerity Adjustments Total

Total Funds State Funds

$ 6,206,154 $ 6,163,729

$ 31,715,820 $ 28,104,779

$ 12,427,096 $ 10,302,777

$ 20,381,885 $ 19,563,866

$ 41,039,049 $

357,626

$ (1,329,748) $ (1,329,748)

$ 110,440,256 $ 63,163,029

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

$ 51,809,818

$ 22,464,573

$ 1,565,196

$

373,367

$

3,300

$

88,627

$

526,467

$ 1,298,527

$

829,326

$ 2,126,691

$ 7,810,633

$ 4,498,923

$

40,000

$ 11,464,481

442

JOURNAL OF THE HOUSE

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$

358,595

$ 3,860,577

$

274,194

$

174,256

$

0

$

0

$

0

$

0

$

362,217

$

816,714

$

0

$

57,000

$

0

$

111,930

$

0

$ (934,531)

$ 58,171,063

$ 51,809,818

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

$ 16,181,397 $ 16,181,397

$ 1,103,885 $

800,914

$ 11,332,266 $ 11,332,266

$ 5,187,583 $ 4,478,490

$ 4,791,108 $ 4,223,419

$

752,822 $

752,822

$

465,896 $

465,896

$ 8,876,282 $ 8,764,352

$ 6,981,650 $ 2,378,088

$ 2,498,174 $ 2,432,174

$ 58,171,063 $ 51,809,818

Section 16. Department of Human Resources. State Funds Tobacco Funds 1. General Administration and Support Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$ 1,397,502,253 $ 47,748,385

$ 122,012,285

$ 5,756,380

$ 2,703,368

$

0

THURSDAY, FEBRUARY 13, 2003

443

Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Major Maintenance and Construction Postage Payments to DCH-Medicaid Benefits Grants to County DFCS - Operations Brain and Spinal Trust Fund Benefits Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$

462,147

$ 10,584,263

$ 5,537,496

$ 39,876,746

$ 59,674,696

$ 16,862,994

$

125,000

$

0

$ 86,469,732

$

163,451

$ 2,095,936

$ 33,961,019

$ 1,555,000

$

850,000

$ (1,718,958)

$ 386,971,555

$

0

$ 8,278,248

$ 189,357,316

Departmental Functional Budgets

Commissioner's Office

$

Office of Planning and Budget Services

$

Office of Adoptions

$

Children's Community Based Initiative

$

Human Resources and Organization Development $

Computer Services

$

Technology and Support

$

Facilities Management

$

Regulatory Services - Program Direction and Support $

Child Care Licensing

$

Health Care Facilities Regulation

$

Office of Investigation

$

Office of Financial Services

$

Office of Audits

$

Human Resource Management

$

Transportation Services

$

Office of Facilities and Support Services

$

Indirect Cost

$

Policy and Government Services

$

Aging Services

$

Total Funds 1,242,371 $ 4,188,404 $ 9,825,478 $ 10,181,847 $ 1,341,620 $ 74,885,283 $ 18,104,815 $ 8,881,897 $ 895,393 $ 3,789,439 $ 12,397,970 $ 6,687,482 $ 10,327,734 $ 2,772,959 $ 6,785,687 $ 20,180,571 $ 18,709,662 $ 0$ 1,334,534 $ 94,125,737 $

State Funds 1,242,371 4,159,888 6,328,614 9,906,847 1,341,620 37,122,611 13,678,351 6,704,114 620,880 3,686,570 6,067,305 1,920,957 5,938,024 2,772,959 6,785,687 3,012,188 18,709,662
(16,207,310) 1,334,534 63,578,843

444

JOURNAL OF THE HOUSE

DDSA Council Brain and Spinal Trust Fund Benefits Office of Child Support Enforcement Austerity Adjustments Total

$ 1,608,994 $

31,498

$ 1,000,000 $ 1,000,000

$ 79,422,636 $ 19,618,309

$ (1,718,958) $ (1,718,958)

$ 386,971,555 $ 197,635,564

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 Postage Medical Benefits Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$ 57,141,277

$ 77,667,787

$

949,967

$

0

$

195,367

$ 1,509,862

$ 1,181,649

$ 10,772,863

$

0

$ 1,137,699

$

292,000

$ 28,820,194

$ 159,782,176

$

196,680

$ 6,138,072

$ (1,407,096)

$ 344,378,497

$

0

$ 25,873,781

$ 170,025,002

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

Total Funds State Funds

$ 13,634,848 $ 13,477,280

$ 5,392,983 $ 2,415,625

$ 2,903,473 $ 2,578,298

$ 2,196,041 $

985,179

$ 7,609,805 $ 6,842,986

$ 5,385,227 $ 5,385,227

$ 3,289,533 $ 1,013,946

$ 11,820,479 $ 4,948,295

$ 85,325,463 $

0

$ 71,095,447 $ 70,108,896

$ 13,303,079 $ 6,473,767

THURSDAY, FEBRUARY 13, 2003

445

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 Public Health - Division Indirect Cost Austerity Adjustments Total
3. Family and Children Services Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Children's Trust Fund Cash Benefits Special Purpose Contracts Service Benefits for Children

$ 3,676,641 $ 2,233,293

$

593,232 $

477,088

$ 4,112,209 $ 3,702,969

$ 1,702,964 $

0

$ 5,909,784 $ 4,310,823

$ 2,272,913 $ 1,416,761

$

988,516 $

766,655

$ 2,811,535 $ 1,143,976

$ 1,660,083 $ 1,660,083

$

0$

0

$ 8,286,968 $ 8,286,968

$ 3,091,866 $ 2,813,800

$ 2,264,558 $ 1,983,776

$

856,370 $

856,370

$ 2,140,668 $ 1,609,193

$ 8,124,485 $ 7,854,485

$

300,276 $

300,276

$ 22,094,510 $ 15,232,793

$ 12,152,398 $ 4,079,320

$ 12,520,466 $ 2,825,905

$

78,467 $

60,970

$ 13,074,928 $ 10,482,402

$

355,988 $

243,983

$ 14,759,390 $ 14,759,390

$

0 $ (4,024,899)

$ (1,407,096) $ (1,407,096)

$ 344,378,497 $ 195,898,783

$ 14,445,243

$ 3,414,939

$ 1,297,817

$

0

$

237,019

$

535,702

$ 6,981,954

$ 7,036,844

$

0

$

688,660

$ 7,630,688

$ 120,803,498

$ 7,209,127

$ 458,095,832

446

JOURNAL OF THE HOUSE

Purchase of Service Contracts Postage Grants to County DFCS - Operations Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$ 31,312,611 $ 2,401,505 $ 382,636,430 $ (4,500,000) $ 1,040,227,869

$

0

$ 3,341,218

$ 438,834,753

Departmental Functional Budgets

Director's Office

$

Social Services

$

Fiscal Management

$

Quality Assurance

$

Community Services

$

Field Management

$

Professional Development

$

Economic Support

$

Child Care and Parent Services

$

Temporary Assistance for Needy Families

$

SSI - Supplemental Benefits

$

Refugee Programs

$

Energy Benefits

$

County DFACS Operations - Eligibility

$

County DFACS Operations - Social Services

$

Food Stamp Issuance

$

County DFACS Operations - Homemakers Services $

County DFACS Operations - Joint and

$

Administration

County DFACS Operations - Employability Program $

Employability Benefits

$

Legal Services

$

Family Foster Care

$

Institutional Foster Care

$

Specialized Foster Care

$

Adoption Supplement

$

Prevention of Foster Care

$

Troubled Children

$

Child Day Care

$

Special Projects

$

Children's Trust Fund

$

Total Funds 1,079,930 $ 6,685,445 $ 4,638,254 $ 3,844,812 $ 14,224,301 $ 2,885,891 $ 4,321,266 $ 3,137,563 $ 501,837 $
111,634,948 $ 0$
2,795,420 $ 7,223,130 $ 116,556,046 $ 142,042,681 $ 3,190,752 $ 7,802,877 $ 90,468,209 $
26,466,617 $ 43,105,900 $
6,546,322 $ 68,959,689 $ 40,746,350 $ 21,641,542 $ 44,855,747 $ 15,744,598 $ 61,262,815 $ 180,700,622 $ 4,033,617 $ 7,630,688 $

State Funds 1,079,930 5,673,404 2,652,425 3,844,812 1,999,818 2,885,891 2,844,956 3,137,563 501,837
51,609,878 0 0 0
51,600,228 59,883,698
0 0 43,709,946
10,571,448 10,743,985
2,670,531 38,927,560 20,169,660 16,401,408 25,591,338 2,069,048 33,149,436 56,316,937 3,993,617 7,630,688

THURSDAY, FEBRUARY 13, 2003

447

Indirect Cost Austerity Adjustments Total

$

0 $ (12,984,071)

$ (4,500,000) $ (4,500,000)

$ 1,040,227,869 $ 442,175,971

4. Community Mental Health/Mental Retardation and Institutions:
Personal Services Operating Expenses Motor Vehicle Equipment Purchases Utilities Major Maintenance and Construction Community Services Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$ 296,054,604

$ 58,242,887

$

200,000

$ 9,483,000

$ 1,991,161

$ 483,915,646

$ (3,100,000)

$ 846,787,298

$

0

$ 10,255,138

$ 599,285,182

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 Austerity Adjustments Total

Total Funds State Funds $ 31,291,842 $ 17,942,031 $ 22,195,904 $ 16,488,063 $ 32,248,739 $ 21,954,539 $ 40,929,551 $ 30,168,700 $ 113,908,424 $ 65,644,954 $ 21,697,919 $ 17,449,270 $ 48,373,523 $ 20,043,979 $ 23,337,460 $ 18,725,774 $ 4,264,736 $ 3,324,046 $ 218,620,198 $ 205,923,246 $ 166,570,328 $ 132,102,039 $ 101,419,757 $ 48,227,746 $ 15,203,513 $ 8,852,829 $ 9,825,404 $ 5,793,104 $ (3,100,000) $ (3,100,000) $ 846,787,298 $ 609,540,320

Budget Unit Object Classes:

Personal Services Regular Operating Expenses

$ 489,653,409 $ 86,839,106

448

JOURNAL OF THE HOUSE

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 DFCS - Operations Medical Benefits Brain and Spinal Trust Fund Benefits Austerity Adjustments
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

$ 4,951,152

$

200,000

$

894,533

$ 12,629,827

$ 13,701,099

$ 57,686,453

$ 59,674,696

$ 18,689,353

$ 58,242,887

$ 483,915,646

$

0

$ 7,630,688

$ 120,803,498

$ 7,626,127

$ 458,095,832

$ 146,602,537

$ 159,782,176

$ 2,154,612

$ 9,483,000

$ 4,694,121

$ 33,961,019

$ 384,191,430

$ 6,138,072

$

850,000

$ (10,726,054)

$ 2,618,365,219

$

0

$ 47,748,385

$ 1,397,502,253

$ 29,095,758

$ 78,051,263

$ 12,930,506

$ 1,214,240

$

590,806

$

20,000

$

62,597

$

391,336

$

837,119

$

442,215

THURSDAY, FEBRUARY 13, 2003

449

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 Austerity Adjustments
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted

$

53,200

$ 1,348,286

$

253,100

$ 9,314,895

$

0

$

0

$

50,000

$

0

$

0

$ 78,051,263

$ 2,200,000

$ (612,542)

$ 107,147,021

$ 78,051,263

$ 29,095,758

Departmental Functional Budgets

Administration Economic Development Trade Tourism Film Austerity Adjustments Total

Total Funds State Funds

$ 89,866,903 $ 89,866,903

$ 9,428,004 $ 9,428,004

$ 2,850,492 $ 2,850,492

$ 4,984,997 $ 4,984,997

$

629,167 $

629,167

$ (612,542) $ (612,542)

$ 107,147,021 $ 29,095,758

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 Austerity Adjustments
Total Funds Budgeted

$ 16,505,828

$ 15,318,688

$

702,947

$

433,030

$

80,176

$

20,000

$

223,000

$

634,689

$

367,614

$

86,042

$

0

$

0

$ (323,858)

$ 17,542,328

450

JOURNAL OF THE HOUSE

State Funds Budgeted

$ 16,505,828

Departmental Functional Budgets

Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile Home Regulations Special Insurance Fraud Fund Austerity Adjustments Total

Total Funds State Funds

$ 5,473,473 $ 5,473,473

$ 6,098,248 $ 6,098,248

$

522,127 $

522,127

$ 4,951,099 $ 3,914,599

$

821,239 $

821,239

$ (323,858) $ (323,858)

$ 17,542,328 $ 16,505,828

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 272,709,291

$ 173,271,791

$ 15,530,758

$ 2,079,741

$

349,143

$

786,688

$ 3,561,658

$ 3,172,907

$ 2,370,598

$ 3,925,090

$ 5,665,715

$ 3,315,142

$

400,000

$

0

$ 79,395,255

$

0

$

0

$

0

$

200,000

$ 1,687,100

$ (4,825,188)

$ 290,886,398

$ 272,709,291

Departmental Functional Budgets

Regional Youth Development Centers

Total Funds State Funds $ 79,494,314 $ 77,990,354

THURSDAY, FEBRUARY 13, 2003

451

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 Austerity Adjustments Total

$ 77,021,212 $ 74,773,793

$ 24,607,845 $ 23,704,038

$ 34,645,510 $ 30,140,703

$

579,624 $

579,624

$ 1,880,403 $ 1,880,403

$ 45,880,657 $ 38,884,141

$ 1,401,903 $ 1,401,903

$ 1,007,132 $ 1,007,132

$ 4,262,898 $ 4,172,898

$ 18,880,421 $ 18,859,823

$ 3,281,593 $ 3,281,593

$ 2,768,074 $

858,074

$ (4,825,188) $ (4,825,188)

$ 290,886,398 $ 272,709,291

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 16,303,499

$ 90,267,502 $ 7,405,831 $ 1,481,527

$

34,858

$

566,309

$ 2,710,148

$ 2,874,629

$ 2,030,660

$ 54,500,000

$ 2,778,378

$ 1,323,287

$

0

$ 1,287,478

$

0

$ (553,758)

$ 166,706,849

$ 16,303,499

B. Budget Unit: State Funds - Division Of Rehabilitation Services
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$ 28,306,621

$ 93,137,714

$ 13,928,245

$ 2,003,747

$

39,095

452

JOURNAL OF THE HOUSE

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 Capital Outlay Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Services Funding State Funds Budgeted

$ 1,081,290 $ 6,090,455 $ 7,177,826 $ 4,462,857 $ 2,573,235 $ 3,138,419 $ 41,304,191 $ 1,068,997

$ 12,793,349

$

0

$

0

$

0

$

255,000

$ (593,653)

$ 188,460,767

$

100,000

$ 28,306,621

Departmental Functional Budgets

Vocational Rehabilitation Services Business Enterprise Program Administration Disability Adjudication Georgia Industries for the Blind Roosevelt Warm Springs Institute Austerity Adjustments Total

Total Funds State Funds

$ 86,788,216 $ 18,448,339

$ 1,661,454 $

358,326

$ 3,953,823 $ 2,476,177

$ 55,297,080 $

0

$ 11,821,908 $

722,533

$ 29,531,939 $ 6,894,899

$ (593,653) $ (593,653)

$ 188,460,767 $ 28,306,621

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

$ 14,898,464

$ 15,179,993

$

705,564

$

181,781

$

0

$

0

$

299,269

$

915,941

$

192,258

$ 19,414,422

$

0

THURSDAY, FEBRUARY 13, 2003

Books for State Library Austerity Adjustments

Total Funds Budgeted State Funds Budgeted

Section 22. Merit System of Personnel Administration.
State Funds Personal Services Regular Operating Expenses Travel Equipment Real Estate Rents Per Diem and Fees Contracts Computer Charges Telecommunications Payments to State Treasury
Total Funds Budgeted
Federal Funds Other Agency Funds Agency Assessments Deferred Compensation State Funds Budgeted

Section 23. Department of Motor Vehicle Safety. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Motor Vehicle Tag Purchase Post Repairs Conviction Reports Driver's License Processing

453

$

197,158

$ (313,862)

$ 36,772,524

$ 14,898,464

$

0

$ 8,814,917

$ 1,073,018

$

83,213

$

0

$

696,904

$

285,350

$

874,311

$ 1,774,772

$

173,863

$ 1,901,515

$ 15,677,863

$

0

$ 1,573,733

$ 13,176,154

$

927,976

$

0

$ 89,543,393

$ 61,055,181

$ 8,072,954

$

465,062

$

332,206

$

345,335

$ 12,461,537

$ 2,792,509

$ 2,979,499

$

481,198

$ 1,318,987

$

0

$ 6,892,489

$

0

$

348,651

$ 3,459,434

454

JOURNAL OF THE HOUSE

Postage Investment for Modernization Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Funding State Funds Budgeted

$

750,000

$

0

$ (1,857,756)

$ 99,897,286

$ 1,960,000

$ 89,543,393

Departmental Functional Budgets

Administration Operations Enforcement Austerity Adjustments Total

Total Funds State Funds $ 33,848,830 $ 28,562,245 $ 51,834,590 $ 51,834,590 $ 16,071,622 $ 11,004,314 $ (1,857,756) $ (1,857,756) $ 99,897,286 $ 89,543,393

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

$ 141,463,112

$ 90,397,923

$ 15,409,186

$

813,926

$

412,765

$ 1,582,590

$ 3,291,804

$ 1,018,551

$ 9,590,779

$

730,140

$ 1,399,335

$

0

$

725,000

$ 1,333,300

$

860,176

$ 4,560,913

$

982,330

$

500,000

$

800,000

$

341,000

$

0

THURSDAY, FEBRUARY 13, 2003

455

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 Payments to McIntosh County Payments to Baker County Payments to Calhoun County Payments to Georgia Agrirama Development
Authority for operations Community Green Space Grants Austerity Adjustments
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

$

336,793

$

59,565

$ 7,595,077

$ 6,132,574

$

0

$ 1,839,297

$

493,381

$

100,000

$

31,000

$

24,000

$

955,662

$ 27,990,000 $ (2,032,795)

$ 178,274,272

$

840,190

$

0

$ 1,831,931

$ 1,434,982

$

200,000

$ 141,463,112

Departmental Functional Budgets

Commissioner's Office Program Support Historic Preservation Parks, Recreation and Historic Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Assistance Austerity Adjustments Total

Total Funds State Funds

$ 33,475,726 $ 33,428,460

$ 7,508,429 $ 7,508,429

$ 2,767,742 $ 2,277,742

$ 41,422,766 $ 20,967,046

$ 2,574,161 $ 2,403,299

$ 37,178,564 $ 31,846,593

$ 54,912,046 $ 44,700,618

$

467,633 $

363,720

$ (2,032,795) $ (2,032,795)

$ 178,274,272 $ 141,463,112

456

JOURNAL OF THE HOUSE

B. Budget Unit: State Funds - Georgia Agricultural Exposition Authority
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Austerity Adjustments
Total Funds Budgeted State Funds Budgeted
C. Budget Unit: State Funds - Georgia Agrirama Development Authority
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Goods for Resale Austerity Adjustments
Total Funds Budgeted State Funds Budgeted
Section 25. State Board of Pardons and Paroles. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$

0

$ 3,267,771

$ 2,349,303

$

10,000

$

0

$

36,796

$

20,000

$

0

$

80,000

$

89,167

$

754,000

$

0

$

(38,988)

$ 6,568,049

$

0

$

0

$ 1,245,057

$

199,000

$

5,792

$

0

$

7,000

$

5,792

$

0

$

12,000

$

500

$

68,768

$

152,750

$

120,000

$

(20,250)

$ 1,796,409

$

0

$ 48,537,488

$ 40,852,338

$ 1,433,825

$

431,800

$

0

THURSDAY, FEBRUARY 13, 2003

457

Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts County Jail Subsidy Health Services Purchases Austerity Adjustments

Total Funds Budgeted State Funds Budgeted

$

291,500

$

606,200

$ 2,958,373

$ 1,065,600

$

523,304

$

740,679

$

617,500

$

20,000

$ (1,003,631)

$ 48,537,488

$ 48,537,488

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 Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Service Funding State Funds Budgeted

$ 82,079,754

$ 72,126,448

$ 8,307,594

$

108,052

$ 2,876,986

$

348,364

$

984,170

$

186,443

$ 2,100,380

$

351,487

$

464,333

$

601,237

$

0

$

0

$ (1,721,055)

$ 86,734,439

$

990,000

$ 82,079,754

Departmental Functional Budgets

Administration Field Operations Austerity Adjustments Total

Total Funds State Funds $ 19,434,616 $ 18,081,366 $ 69,020,878 $ 65,719,443 $ (1,721,055) $ (1,721,055) $ 86,734,439 $ 82,079,754

458

JOURNAL OF THE HOUSE

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 14,946,183

$ 12,126,847

$ 3,607,873

$

206,762

$

0

$

195,046

$

318,377

$

317,467

$

351,950

$

432,300

$

541,569

$ 3,575,200

$ 2,058,309

$

0

$ (315,510)

$ 23,416,190

$ 14,946,183

Departmental Functional Budgets

Total Funds State Funds

Office of Highway Safety

$ 5,755,070 $

578,767

Georgia Peace Officers Standards and Training

$ 1,460,431 $ 1,460,431

Police Academy

$ 1,997,405 $ 1,133,687

Fire Academy

$ 1,223,016 $ 1,081,055

Georgia Firefighters Standards and Training Council $

475,871 $

475,871

Georgia Public Safety Training Facility

$ 12,504,397 $ 10,216,372

Total

$ 23,416,190 $ 14,946,183

Section 27. Public School Employees' Retirement System.
State Funds Payments to Employees' Retirement System Employer Contributions
Total Funds Budgeted
State Funds Budgeted

$ 8,097,798

$

593,750

$ 7,504,048

$ 8,097,798

$ 8,097,798

Section 28. Public Service Commission. State Funds Personal Services

$ 8,738,306 $ 6,821,965

THURSDAY, FEBRUARY 13, 2003
Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Austerity Adjustments
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 Austerity Adjustments
Total Funds Budgeted Departmental Income
Sponsored Income Other Funds
Indirect DOAS Services Funding Governor's Emergency Funds Tobacco Funds Budgeted State Funds Budgeted
B. Budget Unit: State Funds - Regents Central Office and Other Organized Activities

459

$

250,711

$

111,876

$

22,214

$

15,300

$

208,791

$

511,428

$

124,660

$

628,262

$

500,000

$ (183,590)

$ 9,011,617

$ 8,738,306

$ 1,444,860,274 $ 6,585,889

$ 1,760,113,452 $ 424,223,505

$ 451,733,090

$ 854,188,741

$ 33,765,643

$ 1,138,340

$

345,833

$ 1,011,627 $ 30,291,698 $ 123,584,731 $ (29,829,298)

$ 3,650,567,362

$ 132,081,672

$ 1,278,412,246

$ 785,552,781

$ 3,039,500

$

35,000

$ 6,585,889

$ 1,444,860,274

$ 222,688,425

460

JOURNAL OF THE HOUSE

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. Austerity Adjustments
Total Funds Budgeted
Departmental Income Sponsored Income Other Funds
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$

0

$ 135,845,974 $ 70,959,391

$ 59,705,482 $ 41,101,657 $ 3,103,580 $ 23,067,667

$

0

$

0

$ 7,790,087

$

848,363

$

548,200

$ 1,735,650

$ 18,565,802

$ 35,271,748

$

0

$ 35,104,249

$ (2,471,336)

$ 431,176,514

$ 8,610,113

$ 124,936,276

$ 74,398,200

$

543,500

$

0

$ 222,688,425

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

Total Funds $ 2,834,246 $ $ 6,469,309 $ $ 1,828,871 $ $ 123,302,969 $ $ 23,067,667 $

State Funds 1,649,446 1,810,419 1,061,238 9,838,961 9,944,392

$ 78,401,230 $ 45,959,968 $ 62,414,534 $ 39,320,397

THURSDAY, FEBRUARY 13, 2003

461

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 Austerity Adjustments Total

$

193,500 $

0

$ 3,949,799 $ 3,949,799

$ 7,242,199 $

542,199

$ 3,625,810 $

0

$ 4,756,657 $

102,687

$ 65,767,622 $ 65,645,773

$ 43,126,177 $ 38,817,222

$ 6,151,010 $ 6,001,010

$ (2,471,336) $ (2,471,336)

$ 428,902,906 $ 220,414,817

C. Budget Unit: State Funds - Georgia Public Telecommunications Commission
Personal Services Operating Expenses General Programming Distance Learning Programming Austerity Adjustments
Total Funds Budgeted
Other Funds State Funds Budgeted

$

0

$ 14,654,631

$ 15,671,989

$ 4,070,278

$ 2,784,685

$ (391,490)

$ 36,790,093

$ 36,790,093

$

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

$ 21,509,000 $ 12,000,000

$ 2,000,000

$

0

$ 7,509,000

$

0

$

0

$

0

$

0

$ 21,509,000

$ 21,509,000

Section 30. Department of Revenue. State Funds Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$ 468,051,118

$

150,000

$ 60,960,466

$ 4,747,373

$ 1,026,000

$

53,045

462

JOURNAL OF THE HOUSE

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 Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds
State Funds Budgeted

$

175,384

$ 15,818,862

$ 7,107,067

$ 2,274,299

$

606,992

$ 1,525,758

$ 4,086,456

$

0

$ 2,848,111

$ 17,785,550

$ 377,500,000

$ (1,879,380)

$ 494,635,983

$ 2,545,000

$

150,000

$ 468,051,118

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 Austerity Adjustments Total

Total Funds

$ 38,022,347 $

$ 7,987,227 $

$ 17,097,493 $

$ 27,826,845 $

$ 7,427,706 $

$ 382,317,960 $

$ 5,739,232 $

$

5,000 $

$ 6,775,576 $

$ 3,315,977 $

$ (1,879,380) $

$ 496,515,363 $

State Funds 20,236,797 7,987,227 15,842,493 23,921,082 7,427,706 380,207,825 5,716,589 5,000 5,575,576 3,010,203 (1,879,380)
469,930,498

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

$ 34,463,322

$ 19,025,144

$ 4,582,156

$

401,924

$

72,492

$

65,019

$ 3,838,024

$ 4,684,740

THURSDAY, FEBRUARY 13, 2003

463

Telecommunications Per Diem and Fees Contracts Election Expenses Capital Outlay Austerity Adjustments

Total Funds Budgeted State Funds Budgeted

$ 1,017,577

$

171,526

$ 1,779,455

$

589,335

$

0

$ (699,720)

$ 35,527,672

$ 34,463,322

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 Austerity Adjustments Total

Total Funds

$ 5,008,890 $

$ 6,956,898 $

$

416,019 $

$ 2,045,424 $

$ 1,976,955 $

$ 8,296,949 $

$ 1,386,731 $

$

552,127 $

$ 9,286,195 $

$

301,204 $

$ (699,720) $

$ 35,527,672 $

State Funds 4,978,890 6,881,898 416,019 1,306,074 1,926,955 8,276,949 1,386,731 552,127 9,136,195 301,204 (699,720)
34,463,322

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 2,234,171

$ 1,443,924

$

145,000

$

47,000

$

0

$

12,500

$

176,747

$

181,000

$

84,000

$

144,000

$

0

$

0

$ 2,234,171

$ 2,234,171

464

JOURNAL OF THE HOUSE

Departmental Functional Budgets
Real Estate Commission Austerity Adjustments Total

Total Funds

$ 2,234,171 $

$

0$

$ 2,234,171 $

State Funds 2,234,171 0 2,234,171

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 3,420,462

$ 1,684,267

$

202,070

$

36,069

$

0

$

23,184

$

13,478

$

119,052

$

40,214

$

139,438

$ 1,762,645

$

86,000

$

(45,550)

$ 4,060,867

$ 3,420,462

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 Guaranteed Educational Loans Tuition Equalization Grants Law Enforcement Personnel Dependents' Grants North Georgia College ROTC Grants

$ 39,719,159

$

561,309

$

20,140

$

13,000

$

0

$

6,300

$

12,000

$

49,615

$

10,091

$

11,560

$

32,118

$ 4,260,521

$ 30,044,521

$

66,313

$

351,217

THURSDAY, FEBRUARY 13, 2003

465

North Georgia College Graduates Scholarship Osteopathic Medical Loans Georgia Military Scholarship Grants LEAP Program Governor's Scholarship Program Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$

22,563

$

0

$

508,659

$ 1,503,953

$ 3,583,147

$ (817,215)

$ 40,239,812

$ 39,719,159

Departmental Functional Budgets

Georgia Student Finance Authority Georgia Nonpublic Postsecondary Education
Commission Austerity Adjustments Total

Total Funds State Funds

$ 40,340,894 $ 39,820,241

$

716,133 $

716,133

$ (817,215) $ (817,215) $ 40,239,812 $ 39,719,159

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

$ 390,887,625

$ 229,273,347

$ 49,006,492

$ 52,776,833

$

0

$ 42,181,370

$

808,333

$

246,024

$ 5,332,698

$ 5,855,278

$

847,495

$

760,000

$ 2,059,431

$ 1,740,324

$ 390,887,625

$ 390,887,625

Section 34. Teachers' Retirement System. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment

$ 2,670,000

$ 11,034,137

$

629,344

$

26,500

$

0

$

35,000

466

JOURNAL OF THE HOUSE

Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Employee Benefits Retirement System Members Floor Fund for Local Retirement Systems
Total Funds Budgeted
State Funds Budgeted

$ 8,010,375

$

673,770

$

330,000

$

737,700

$

0

$

0

$ 2,550,000

$

120,000

$ 24,146,826

$ 2,670,000

Section 35. Department of Technical and Adult Education.
A. Budget Unit: State Funds - Department of Technical and Adult Education
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Capital Outlay Personal Services-Institutions Operating Expenses-Institutions Area School Program Adult Literacy Grants Regents Program Quick Start Program Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 277,777,777

$ 6,457,252

$

374,330

$

125,510

$

0

$

48,359

$

588,518

$

144,671

$

169,110

$

614,420

$

115,980

$

0

$ 246,352,015

$ 61,151,035

$ 6,398,577

$ 20,008,184

$ 3,621,510

$ 13,149,377

$ (5,793,954)

$ 353,524,894

$ 277,777,777

Departmental Functional Budgets

Administration Institutional Programs Austerity Adjustments

Total Funds $ 8,638,150 $ $ 350,680,698 $ $ (5,793,954) $

State Funds 6,578,362
276,993,369 (5,793,954)

THURSDAY, FEBRUARY 13, 2003

467

Total

$ 353,524,894 $ 277,777,777

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 667,076,123

$ 262,090,843

$ 79,985,329

$ 2,092,445

$ 1,810,000

$ 7,531,739

$ 12,788,293

$ 1,831,320

$ 4,872,117

$ 7,346,696

$ 48,431,848

$ 1,143,539,698

$ 6,943,629

$ 17,582,915

$

721,355

$

0

$

534,012

$ 39,271,138 $ (350,852)

$ 1,637,022,525

$ 667,076,123

Departmental Functional Budgets

Motor Fuel Tax Budget Planning and Construction Maintenance and Betterments

Total Funds State Funds $ 1,327,840,508 $ 377,400,221 $ 232,949,280 $ 228,365,141

468

JOURNAL OF THE HOUSE

Facilities and Equipment Administration Total

$ 17,250,694 $ 16,750,694 $ 27,334,330 $ 26,430,580 $ 1,605,374,812 $ 648,946,636

General Funds Budget Planning and Construction Maintenance and Betterments Administration Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways Activities Austerity Adjustments Total

$

0$

0

$

0$

0

$

0$

0

$ 3,169,943 $ 2,512,148

$ 28,107,267 $ 15,246,836

$

721,355 $

721,355

$ (350,852) $ (350,852)

$ 31,647,713 $ 18,129,487

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

$ 22,049,800

$ 6,038,004

$

420,437

$

154,602

$

0

$

105,822

$

6,361

$

219,148

$

90,660

$

24,500

$ 17,631,444

$ 7,904,063

$

0

$

0

$

187,444

$ 32,782,485 $ 22,049,800

Departmental Functional Budgets

Veterans Assistance Veterans Nursing Home-Augusta Total

Total Funds State Funds $ 24,878,422 $ 17,126,329 $ 7,904,063 $ 4,923,471 $ 32,782,485 $ 22,049,800

THURSDAY, FEBRUARY 13, 2003

469

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 Payments to State Treasury
Total Funds Budgeted
State Funds Budgeted

$ 13,744,229

$ 10,098,171

$

470,115

$

140,600

$

0

$

44,048

$

261,976

$ 1,299,338

$

187,828

$

183,100

$ 1,423,053

$ 14,108,229

$ 13,744,229

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

$ 26,632,100

$

0

$ 26,632,100

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

470

JOURNAL OF THE HOUSE

Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automation Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 41. Provisions Relative to Section 4, Department of Administrative Services.
It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services.
Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 2002 of all vehicles purchased or newly leased during Fiscal Year 2002.
Notwithstanding any provision of the law to the contrary, in managing any of the self-insurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., 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:

THURSDAY, FEBRUARY 13, 2003

471

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 Sumnter County Recreation Authority

Construction of restrooms and concession stand at $ recreation/soccer fields for Americus/Sumnter County Recreation Authority

40,000

Athens/Clark County

Contract with Food Bank of Northeast Georgia for food $ 10,000 distribution in Athens/Clark County

Athens/Clark County

Contract with Grand Slam Program in Athens/Clarke $ 5,000 County

Athens/Clark County

Contract with Hancock Community Development in $ 10,000 Athens/Clarke County

Athens/Clarke Purchase a van for resident transportation need at Lanier $ 25,000

County

Gardens/Talmadge Terrace in Athens/Clarke County

472

JOURNAL OF THE HOUSE

Athens/Clarke Contract with Athens Tutorial Program for after-school $ 10,000

County

tutorial and enrichment program in Athens/Clarke County

Athens/Clarke Funding for the Non-profit Community Children's Chorus $ 15,000

County

at the University of Georgia in Athens/Clarke County

Athens/Clarke Roof repair at building housing Kelley Diversified, Inc. in $ 20,000

County

Athens/Clarke County

Athens/Clarke Provide for project Safe Campuses Now in Athens/Clarke $ 30,000

County

County

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 $ 10,000

Board of

Atkinson County

Education

Atkinson County Courthouse parking lot expansion, courtroom renovation $ 10,000 Commission and farmers' market in Atkinson County

Augusta/ Richmond County

Contract for services with the Augusta Mini Theater, Inc. $ 50,000 in Augusta/ Richmond County

Augusta/
Richmond County

Program enhancements for the Augusta Players in $ 25,000 Augusta/Richmond County

Augusta/
Richmond County

Planning money for railroad track removal in downtown $ 50,000 Augusta

Augusta/
Richmond County

Contract for services with Harrisburg Neighborhood $ 35,000 Association for food and essentials for the needy in 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
Augusta/ Richmond

THURSDAY, FEBRUARY 13, 2003

473

Construct playground for disabled children in Central $ 25,000 Savannah River Area for the Rachel Longstreet Foundation in Augusta/Richmond County

Exhibition improvements and expansion of education $ 15,000 programs at the Augusta Museum of History

Contract for services with the Beyond The Ark Outreach $ 10,000 Services B.T.A. in Augusta/Richmond County

Expand operation of the Augusta/Richmond County $ 15,000 Animal Control

Technology computer center within the Barton Village $ 10,000 Community in Augusta/Richmond County

Contract for services with Augusta African/American $ 10,000 Historical Community in Augusta/Richmond County to identify historical locations
Contract for services with Shiloh Comprehensive $ 5,000 Community Center in Augusta/Richmond County

Contract for services with Beulah Grove Community $ 10,000 Resource Center in Augusta/Richmond County
Contract services with Augusta/Richmond Opportunities $ 5,000 in Augusta/Richmond County

Contract for services with Neighborhood Improvement $ 5,000 Programs in Augusta/Richmond County

474

JOURNAL OF THE HOUSE

County Augusta/ Richmond County

Contract for services with Lucy Craft Laney Museum in $ 5,000 Augusta/Richmond County

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. $ 10,000 for programs to combat juvenile delinquency in Augusta/Richmond County

Augusta/
Richmond County

Contract for services with New Savannah Road Social $ 40,000 Services in Augusta/Richmond County

Augusta/ Richmond County

Construction cost of The Theater in Augusta/Richmond $ 50,000 County

Avondale Estates Renovate Boy Scout's building in the City of Avondale $ 10,000 Estates

Bacon County Purchase 4-H equipment and supplies for Bacon County $ 2,000 Extension Service

Bacon County Improvements at Bacon County Recreation Department $ 5,000

Baker County

Contract with Georgia Empowerment and Resource $ 10,000 Services, Inc. to promote growth and development of business in Baker County

Baker County Board of Education

Support for Baker Elementary PTA in Baker County

$ 2,000

Baldwin County Purchase Thermal Imaging Camera equipment for use by $ 10,000 Baldwin County Fire Department

THURSDAY, FEBRUARY 13, 2003

475

Baldwin County Purchase digital mapping system for Baldwin County $ 20,000

Baldwin County Continuation of Office of Solicitor General's victim $ 5,000 assistance programs in Baldwin County

Baldwin County Funds for Baldwin/Oconee River Greenway Project in $ 10,000 Baldwin County

Baldwin County Fund the Victims Assistance Program in Baldwin County $ 15,000

Baldwin County Funding for programs at the Boys and Girls Club of $ 5,000 Baldwin and Jones Counties

Banks County Purchase of used van for the Banks County Senior Center $ 20,000

Banks County Design health services for senior citizens in Banks County $ 15,000 Commission

Banks County Board of Education

Purchase band uniforms for the Banks County High $ 30,000 School

Bartow County Provide funding for programs and initiatives at Bartow $ 13,000 Collaborative, Inc. in Bartow County

Bartow County Purchase equipment for Bartow County Fire Department $ 13,000

Bartow County Improvements to Stilesboro Academy for the Bartow $ 4,000 Commission County Commission

Berrien County Permanently mounted bleachers for Berrien County $ 20,000 Recreation Complex

Bibb County

Contract for services with The Mentors Project of Bibb $ 10,000 County, Inc.

Bibb County

Contract for services with Macon/Bibb County Health $ 15,000 Department for HIV/AIDS education and prevention

476

JOURNAL OF THE HOUSE

Bibb County

Improvements to three regional co-ed soccer fields in $ 25,000 Bibb County

Bibb County

Contract for services with Adopt-A-Role Model in Bibb $ 50,000 County

Bibb County

General operation of the Harriet Tubman Museum in Bibb $ 100,000 County

Bibb County

Contract for services with the Middle Georgia Council on $ 20,000 Drugs in Bibb County

Bibb County General operation of The Hay House in Bibb County

$ 50,000

Bibb County

Contract for services with the Ruth Mosely Center in $ 50,000 Bibb County

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 $ 25,000 Central High in Bibb County

Bibb County Courts

Contract for services with Macon/Bibb County Teen $ 10,000 Court, Inc.

Bleckley County Athletic improvements for Bleckley County High School $ 10,000 Board of Education

Bleckley County Bleckley County Development Authority Construction $ 25,000 Development Project Authority

Bleckley County Provide funding for records management software in $ 25,000 Bleckley County

Brantley County Contract for services with Brantley County Historical $ 5,000 Society for operation of library/museum

THURSDAY, FEBRUARY 13, 2003

477

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 $ 30,000

Board of

High School

Education

Bryan County Flooring for the Pembroke Public Library in Bryan $ 5,000 County

Bulloch County Development and construction of athletic fields in $ 10,000

Board of

Bulloch County

Education

Bulloch County Development of nature trails and elevated boardwalks at $ 10,000

Board of

Mill Creek Regional Park in Bulloch County

Education

Bulloch County Resurface asphalt track at Southeast Bulloch High School $ 10,000 in Bulloch County

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 $ 20,000 Agriculture Education Center

478

JOURNAL OF THE HOUSE

Carroll County Outdoor lighting system for Bowdon High School in $ 56,600

Board of

Carroll County

Education

Charlton County Purchase recreation equipment for Charlton County

$ 5,000

Chatham County Contract for services with the Community Cardiovascular $ 10,000 Council, Inc. in Chatham County

Chatham County Expand the kitchen for the Meals on Wheels Program at $ 50,000 Senior Citizens, Inc. of Savannah in Chatham County

Chatham County Provide for Head Start Program classroom for the City of $ 10,000 Savannah

Chatham County Restoration and repair of the Greenbriar Children's $ 35,000 Center, Inc. in Chatham County

Chatham County Implementation of the Food and Butter Caf for Second $ 25,000 Harvest Food Bank of Georgia in Chatham County

Chatham County Contract for services with Coastal Association of $ 20,000 Retarded Citizens in Chatham County

Chatham County Contract for services with the Community Cardiovascular $ 25,000 Council, Inc. in Chatham County

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 $ 20,000 heritage in Chatham County

Chatham County Enrich and enhance instructional programs at the Massie $ 15,000

Board of

School in the City of Savannah

Education

THURSDAY, FEBRUARY 13, 2003

479

Chatham County Provide funding for the Chatham/Effingham Library in $ 23,740 Chatham County

Chatham County Westside Community Center in Chatham County Commission

$ 100,000

Chattahoochee Purchase furniture, equipment and supplies for $ 25,000 County Board Of Chattahoochee County Board Of Education Education

Chattahoochee County Commission

Preservation of an authentic Confederate uniform in $ 25,000 Chattahoochee County

Chattahoochee County Commission

Construct city/county park walking trail and $ improvements in Chattahoochee County

7,500

Chattooga County

Repair and renovate Chattooga County Government $ 12,500 Buildings, Chattooga County Library and Chattooga County Civic Center

Chattooga County

Contract for services with The Children's Advocacy $ 10,000 Center of Lookout Mountain Judicial Circuit in Walker County

Cherokee County Library materials and expenses for Cherokee County

$ 50,000

City of Abbeville Funding for renovations made to the old auditorium $ 10,000 building used by the Arts Council in Wilcox County

City of Acworth Renovations of Historic House at Logan Park Horse Farm $ 5,000 in the City of Acworth

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

480

JOURNAL OF THE HOUSE

City of Albany Funding for HAVN local nonprofit organization in the $ 3,000 City of Albany

City of Albany Contract for services with Mt. Olive Outreach for tutorial $ 20,000 programs in the City of Albany

City of Albany Contract for services with Union Outreach Mission for $ 15,000 health care for underprivileged in the City of Albany

City of Albany Contract for services with Slater King Adult Day Care in $ 20,000 the City of Albany

City of Albany Contract for services with East Albany Service League, $ 20,000 Inc. for services to underprivileged in the City of Albany

City of Albany Provide university program speakers at Albany State $ 7,500 University

City of Albany Roof replacement for the Thronateeska Heritage Center in $ 15,000 the City of Albany

City of Alma

Improvement for Martin Luther King Park in the City of $ 10,000 Alma

City of Ambrose Purchase playground equipment for park in the City of $ 10,000 Ambrose

City of

Repair drainage problems at Pioneer Farm tourist $ 20,000

Andersonville attraction in the City of Andersonville

City of Arabi

Maintenance and repairs for community service projects $ 12,000 in the City of Arabi

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 $ 7,000 Arlington

THURSDAY, FEBRUARY 13, 2003

481

City of Ashburn Purchase playground equipment for recreation area in $ 15,000 West Ashburn in the City of Ashburn

City of Athens Economic revitalization and direct public/private $ 10,000 partnership initiatives in the City of Athens

City of Athens Contract with Creative Visions for Saturday enrichment $ 10,000 programs in City of Athens

City of Atlanta Funds to feed and shelter homeless at Jericho Rd Project $ 15,000 in the City of Atlanta

City of Atlanta Contract for services with Southwest YMCA for the $ 50,000 Brother to Brother and Sisters Only program in City of Atlanta

City of Atlanta Develop Total Wellness Program at Vine City Health and $ 15,000 Housing Ministry in the City of Atlanta

City of Atlanta Contract with Pittsburg Community Improvement Assn. $ 30,000 for housing improvement and economic development in the City of Atlanta

City of Atlanta After-school program at Joe E. Brown Middle School in $ 20,000

Board of

the City of Atlanta

Education

City of Atlanta Renovation of the Active Oval in Piedmont Park in the $ 20,000 City of Atlanta

City of Atlanta Provide for revitalization of Reynoldstown Community in $ 15,000 the City of Atlanta

City of Atlanta Purchase vehicle to transport program recipients for $ 20,000 Antioch Urban Ministries in the City of Atlanta

City of Atlanta Contract for services with Senior Citizens Services Center $ 52,500 for adult day care in the City of Atlanta

482

JOURNAL OF THE HOUSE

City of Atlanta Child care program and classroom conversion at the $ 15,000 Butler St YMCA/Westside Branch in the City of Atlanta

City of Atlanta Contract for services with the Georgia Citizen Coalition $ 25,000 on Hunger in the City of Atlanta

City of Atlanta Contract for services with Trinity House for services to $ 25,000 homeless men in the City of Atlanta

City of Atlanta Fund a littoral shelf for the lake at Piedmont Park in the $ 10,000 City of Atlanta

City of Atlanta Contract with Kids in Discovery of Self to maintain office $ 25,000 and staff to continue and promote organization in the City of Atlanta

City of Atlanta Contract for services with David T. Howard National $ 25,000 Alumni Assn. for substance abuse program in "Old Fourth Ward" in the City of Atlanta

City of Atlanta Contract for services with Cascade Job Training Initiative $ 15,000 in the City of Atlanta

City of Atlanta Contract for services with Community Care, Inc. for $ 30,000 social service programs to children and youth in the City of Atlanta

City of Atlanta Purchase workshop materials, transportation and $ 25,000 personnel for Nonprofits, Inc. in the City of Atlanta

City of Atlanta Purchase materials at A. D. Williams Elementary School $ 1,000 for the City of Atlanta

City of Atlanta Purchase materials for Alfred Blalock Elementary School $ 1,000 in the City of Atlanta

City of Atlanta Purchase materials at Peyton Forest Elementary School $ 1,100 for the City of Atlanta

THURSDAY, FEBRUARY 13, 2003

483

City of Atlanta Purchase materials at Jean Childs Young Middle School $ 1,500 in the City of Atlanta

City of Atlanta Purchase materials at Margaret Fain Elementary School $ 1,000 for the City of Atlanta

City of Atlanta Purchase materials at Frederick Douglass High School for $ 10,000 the City of Atlanta

City of Atlanta Funds for materials at D. M. Therrell High School for the $ 4,000 City of Atlanta

City of Atlanta Purchase materials at Henry McNeal Turner Middle $ 2,500 School for the City of Atlanta

City of Atlanta Purchase materials at Fickett Elementary School for the $ 1,000 City of Atlanta

City of Atlanta Purchase materials at Leonora P. Miles Elementary $ 1,000 School for the City of Atlanta

City of Atlanta Purchase materials for Collier Heights Elementary School $ 1,200 in the City of Atlanta

City of Atlanta After-school and weekend program for at-risk children in $ 10,000 the City of Atlanta

City of Atlanta Funding for materials at L. O. Kimberly Elementary $ 1,000 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

1,100

City of Atlanta Funding for the purchase of materials at Beecher Hills $ 1,000 Elementary School for the City of Atlanta

City of Atlanta Purchase materials at West Fulton Middle School for the $ 1,500 City of Atlanta

484

JOURNAL OF THE HOUSE

City of Atlanta Funding for materials at Harper-Archer High School in $ 1,500 the City of Atlanta

City of Atlanta Funding for Boyd Clinic in the City of Atlanta

$ 1,500

City of Atlanta Funding for activities at Adamsville Elementary School in $ 1,500 the City of Atlanta

City of Atlanta Purchase materials for Grove Park Elementary School in $ 1,200 the City of Atlanta

City of Atlanta Purchase materials at F. L. Stanton Elementary School for $ 1,200 the City of Atlanta

City of Atlanta Purchase materials and supplies for Southside Cultural $ 6,000 Awareness for the City of Atlanta

City of Atlanta Funding for materials and supplies at the Cascade $ 20,000 Leadership Institute in the City of Atlanta

City of Atlanta Purchase materials at Anderson Park Elementary School $ 1,500 for the City of Atlanta

City of Atlanta Purchase materials at Morris Brandon Elementary School $ 1,000 for the City of Atlanta

City of Atlanta Renovation of Ferber Cottage at Morris Brown College in $ 125,000 the City of Atlanta

City of Atlanta Purchase materials at Margaret Mitchell Elementary $ 1,000 School for the City of Atlanta

City of Atlanta Upgrade playground equipment and drainage problem at $ 30,000 Public Schools Mary Lin Elementary School in the City of Atlanta

City of Atlanta Funding for materials at Carter G. Woodson Elementary $ 1,000 School for the City of Atlanta

THURSDAY, FEBRUARY 13, 2003

485

City of Atlanta Purchase materials at Clara Maxwell Pitts Elementary $ 1,000 School for the City of Atlanta

City of Atlanta Funding for materials at Benjamin E. Mays High School $ 4,000 for the City of Atlanta

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 $ 1,000 the City of Atlanta

City of Atlanta Funding for materials at Oglethorpe Elementary School $ 1,500 for the City of Atlanta

City of Atlanta Funding for materials at Continental Colony Elementary $ 1,000 School for the City of Atlanta

City of Atlanta Construction of the Progressive Hope House in the City $ 25,000 of Atlanta

City of Atlanta Funding for materials at William J. Scott Elementary $ 1,000 School for the City of Atlanta

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 $ 1,000 School for the City of Atlanta

City of Atlanta Purchase materials at Walter F. White Elementary School $ 1,000 for the City of Atlanta

City of Atlanta Repair patient elevator at Southwest Hospital in the City $ 150,000 of Atlanta

City of Atlanta Purchase materials at Bazoline E.Usher Middle School in $ 2,500 the City of Atlanta

City of Atlanta Support Metro Atlanta and statewide arts programming $ 15,000

486

JOURNAL OF THE HOUSE

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 $ 28,000 the City of Atlanta

City of Atlanta Plant trees and cleanup graffiti in the Old Fourth Ward $ 4,800 Neighborhood in the City of Atlanta

City of Atlanta Clark Atlanta University Youth Music in the City of $ 15,000 Atlanta

City of Atlanta Contract for services with West Fulton Family Support $ 10,000 Center in the City of Atlanta

City of Atlanta Bureau of Cultural Affairs for after-school cultural $ 25,000 program in the City of Atlanta

City of Atlanta Aid in renovation of Slaton Elementary School in the City $ 4,500 of Atlanta

City of Atlanta- Contract for services with Cascade United Methodist $ 50,000

DCA

Community Outreach Program in the City of Atlanta

City of Augusta Expansion of Shirley Badke Retreat for families of burn $ 10,000 patients in the City of Augusta

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 $ 25,000

Estates

walkway over dam in the City of Avondale

City of Baconton Purchase of benches and landscaping of grounds for $ 7,500 historic Victorian home owned by the City of Baconton

THURSDAY, FEBRUARY 13, 2003

487

City of Bainbridge

Construction of handicap accessible sidewalks in the City $ 10,000 of Bainbridge

City of Bainbridge

Purchase playground equipment for recreation program in $ 15,000 the City of Bainbridge

City of Blackshear

Purchase equipment for multi-purpose facility in the City $ 5,000 of Blackshear

City of Blairsville Restoration of City Hall in the City of Blairsville

$ 10,000

City of

Provide lighting for the Taylor Park baseball and softball $ 25,000

Bloomingdale fields in the City of Bloomingdale

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 $ 13,000 City of Bremen High School

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 $ 15,000 in the City of Broxton

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 $ 50,000 of Brunswick

Haralson County Contract services for Haralson County Library

$ 50,000

City of Buchanan

Purchase equipment for the recreational department in the $ 5,000 City of Buchanan

488

JOURNAL OF THE HOUSE

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 $ 10,000 of Cairo

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 $ 10,000 City of Camilla

City of Canon Renovation and equipment for the City of Canon City $ 5,000 Hall

City of Cartersville

Funds to renovate baseball field and complex at the City $ 40,000 of Cartersville High School

City of Cave Spring

Maintenance,operations and renovation of Fannin Hall $ 30,000 administration building for the Fannin Campus in the City of Cave Springs

City of Cedartown

Purchase lighting system for the City of Cedartown Civic $ 21,000 Auditorium

City of Cedartown

Purchase lighting for the Cedartown Auditorium

$ 25,000

City of Centerville

Renovation to the current police station in the City of $ 5,000 Centerville

City of

Renovations to the downtown area of Chickamauga for a $ 15,000

Chickamauga Beautification Project

City of Clarkston Contract for services with KHADIJALAND, Inc. for $ 10,000 cultural exchange program in the City of Clarkston

THURSDAY, FEBRUARY 13, 2003

489

City of Clarkston Start up of a multi-cultural youth soccer league for the $ 10,000 City of Clarkston

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 $ 10,000 all disabled veterans and low income families in the City of Clayton

City of Cobbtown

Renovations and new equipment for city recreation park $ 5,000 in the City of Cobbtown

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

City of Colquitt Contract with Colquitt Miller Arts Council for cultural $ 25,000 programs in City of Colquitt

City of Colquitt Complete renovation of tennis courts at recreational $ 20,000 complex in the City of Colquitt

City of Columbus

Fund personal development/career enhancement programs $ 20,000 in the City of Columbus

City of Columbus

Funding for community programs at South Westview $ 15,000 Against Drugs in the City of Columbus

City of Columbus

Fund a non-profit educational and personal development $ 40,000 program in the City of Columbus

City of Columbus

Funding for Community Alliance Organization which $ 30,000 implements programs for the underprivileged in the City of Columbus

490

JOURNAL OF THE HOUSE

City of Columbus

Assist non-profit organization providing housing for low $ 47,000 to moderate income families and individuals in the City of Columbus

City of Columbus

Establishment of City of Columbus community center $ 5,000 resources

City of Commerce

Purchase surveillance system for the City of Commerce $ 15,000 High School

City of Concord Install early weather warning system for the City of $ 12,000 Concord

City of Concord Purchase Jaws of Life and 2 defibrillators for the City of $ 15,000 Concord

City of Conyers Renovation of historic Bald Rock Church building in the $ 20,000 Georgia International Horse Park in the City of Conyers for use as a community center

City of Covington

Purchase voice stress analyzer tester for the City of $ 10,000 Covington Police Department

City of

Renovation of city hall and welcome center in the City of $ 10,000

Crawfordville Crawfordville

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 $ 20,000 operating expenses in the City of Dalton

City of Darien Contract for services with the Howard Genesis House, $ 20,000 Inc. for services to homeless women in the City of Darien

City of Darien Renovate the upper level of the City Hall building in the $ 60,000 City of Darien

THURSDAY, FEBRUARY 13, 2003

491

City of Dawson Computers and playground equipment for the City of $ 10,000 Dawson

City of Dawson Heating, air conditioning and rewiring of historic $ 10,000 Carnegie Library in the City of Dawson

City of Decatur Recondition bicycles and build yellow bike stations for $ 5,000 public use in City of Decatur

City of Doerun Purchase land for City of Doerun Fire Department

$ 10,000

City of Doerun Construction of a chain link fence around electric sub- $ 7,500 station in the City of Doerun

City of

Sidewalk improvements in the City of Donalsonville

Donalsonville

$ 10,000

City of Douglas Purchase equipment for the City of Douglas Police $ 3,000 Department

City of Douglas Purchase portable speed detector for the City of Douglas $ 3,000 Police Department

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 $ 5,000 house Laurens County Senior Center in City of Dublin

City of Dudley Volunteer fire department equipment for the City of $ 5,000 Dudley

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 $ 25,000 League for at-risk youth programs in the City of East Point

City of East Dublin

Four tennis courts at Warnock Park in City of East Dublin $ 10,000

492

JOURNAL OF THE HOUSE

City of East Point

Contract for services with Women's Employment $ 20,000 Opportunity Project for computer literacy tennis courts and walking trails program in the City of East Point

City of Eastman Building project for Eastman Developmental Authority $ 25,000

City of Eatonton Renovation of the historic Madison Avenue School in the $ 15,000 City of Eatonton

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 $ 20,000 Euharlee

City of Fairburn Purchase athletic equipment, uniforms and banquet $ 25,000 trophies for the City of Fairburn

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 $ 30,000 School in City of Flemington

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 $ 10,000 Fire Department

City of Folkston Promote tourism and downtown revitalization in the City $ 5,000 of Folkston

City of Forest Prepare a vehicle free pathway between the recreation $ 25,000

Park

center and the senior center in the City of Forest Park

City of Fort Valley

Refurbish old school bus for the Boys and Girls Club in $ 12,000 City of Fort Valley

THURSDAY, FEBRUARY 13, 2003

493

City of Fort Valley

Assist in the renovation of the old theater building in the $ 25,000 City of Fort Valley

City of Fort Oglethorpe

Provide funding for renovations to historic band stand in $ 15,000 the City of Fort Oglethorpe

City of Fort Valley

Community revitalization project for the City of Fort $ 12,000 Valley

City of Franklin Professional service to codify City ordinances in the City $ 5,000

Springs

of Franklin Springs

City of Gainesville

Improvements to athletic fields at Memorial Park Road $ 10,000 campus of Boys and Girls Club of Gainesville

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 $ 3,000 Glennville Recreation Department

City of Gordon Construction and landscape of a city park in the Town of $ 5,000 Gordon

City of Gough Contract with Gough Improvement Assn., Inc. for $ 10,000 renovation of community center in City of Gough

City of Greensboro

Contract for services with Greensboro Downtown $ 10,000 Development in the City of Greensboro

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 $ 20,000 conditioning

City of Hahira Purchase of books and research resources for the Hahira $ 5,000 Public Library in City of Hahira

City of Hampton Construction of softball field in the City of Hampton

$ 15,000

494

JOURNAL OF THE HOUSE

City of Harlem Purchase equipment for the Harlem Volunteer Fire $ 5,000 Department in the City of Harlem

City of Hartwell Complete the Hartwell Conference Center for the City of $ 75,000

Recreation

Hartwell Recreation Department

Department

City of Hawkinsville

Maintenance and operation of the Opera House in City of $ 10,000 Hawkinsville

City of Hawkinsville

Maintenance and operation of the M.E. Rhoden Library in $ 12,000 the City of Hawkinsville

City of Helena Provide handicapped access for railroad station in the City $ 10,000 of Helena

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 $ 10,000 educational programs for the City of Hinesville

City of Hinesville Contract for services with Eleven Black Men of Liberty $ 5,000 County, Inc. in the City of Hinesville

City of Hoboken Recreation park improvements for the City of Hoboken $ 5,000

City of Homeland

Improvements to City of Homeland recreation department $ 5,000 walking track and ballfields

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 $ 30,000 Homerville

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 $ 10,000 Jackson

THURSDAY, FEBRUARY 13, 2003

495

City of Jakin

Construct stage adjoining the gazebo in the Jakin Park in $ 6,000 the City of Jakin

City of Jesup

Improvements to McMillan Greenway Park in the City of $ 5,000 Jesup

City of Jonesboro Provide for a family park and sidewalk construction in the $ 10,000 City of Jonesboro

City of Jonesboro Provide for family park, walking track and restrooms in $ 15,000 City of Jonesboro

City of Kennesaw

Construction of pedestrian crossing under CSX Railroad $ 5,000 in the City of Kennesaw

City of Kennesaw

Funds for expansion of historic museum in the City of $ 35,000 Kennesaw

City of Kennesaw

Parking improvements and installation of underground $ 10,000 utilities at Cauble/Acworth Beach in the City of Kennesaw

City of Keysville Contract for services with Beyond The Ark Outreach $ 15,000 Ministries, Inc. for programs and services in City of Keysville

City of Keysville Improvements to City of Keysville City Hall

$ 15,000

City of Kingston Improvements to city park, recreation and museum in the $ 20,000 City of Kingston

City of Kite

Improvements and equipment for recreation complex in $ 5,000 the City of Kite

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

496

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 $ 10,000 Lakeland

City of Lavonia Purchase radio equipment for City of Lavonia Police $ 12,000 Department

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 $ 15,000 Lenox

City of Lilburn Preservation and improvement of the community's green $ 10,000 space and downtown revitalization program in the City of Lilburn

City of Lithonia Restore or replace the recreational facilities at the existing $ 5,000 city park in City of Lithonia

City of Loganville

Main Street downtown sidewalk renovation project in the $ 5,000 City of Loganville

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 $ 5,000 Recreation Department in City of Lyons

City of Macon Funds for walking trails, picnic areas at the Freedom Park $ 25,000 Complex in the City of Macon

City of Macon Provide funds for sterilization program at the City of $ 5,000 Macon's Animal Shelter

THURSDAY, FEBRUARY 13, 2003

497

City of Macon

Contract for services with Middle Georgia Tennis $ 20,000 Academy for after school tennis and tutorial program in the City of Macon

City of Macon Funding for the Bartlett Crossing Literacy and gang $ 5,000 prevention program in the City of Macon

City of Macon Provide funds for the Mosely Women=s Center for $ 50,000 operations in the City of Macon

City of Macon Funding for the Tubman African American Museum $ 50,000 expansion project in the City of Macon

City of Macon Provide funds for the Museum of Arts and Sciences in the $ 50,000 City of Macon

City of Marietta Support "Gone with the Wind" Movie Memorabilia $ 10,000 Museum in the City of Marietta

City of Marietta Purchase and install security cameras in Marietta Middle $ 20,000

Board of

School

Education

City of McDonough

Purchase Breathing Air Compressor for City of $ 15,000 McDonough Fire Department

City of McRae Purchase playground equipment for park in the City of $ 15,000 McRae

City of Meansville

Construction of building to house fire truck for the City of $ 10,000 Meansville

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 $ 20,000 Menlo

City of Metter Implementation of 911 service in the City of $ 10,000 Metter/Candler County

498

JOURNAL OF THE HOUSE

City of Midville Contract for services with the Midville Community $ 10,000 Development and Outreach Center in the City of Midville

City of Milan Renovations to City of Milan Community Center

$ 10,000

City of Milledgeville

Funding for the Baldwin/Oconee River Greenway Project $ 10,000 in the City of Milledgeville

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 $ 8,000 Milledgeville

City of Milledgeville

Funds for programs at Boys and Girls Club in the City of $ 6,000 Milledgeville

City of Milledgeville

Purchase chemical protective suits for the City of $ 11,000 Milledgeville Fire Department

City of Mitchell Funds to complete City of Mitchell Depot Restoration $ 20,000 Project

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 $ 8,000 Funderburg Park in the City of Monticello

City of Monticello

Funding for the City of Monticello's Funderburg Park $ 8,000 Project

THURSDAY, FEBRUARY 13, 2003

499

City of Montrose Purchase equipment for the volunteer fire department in $ 5,000 the City of Montrose

City of Morgan Provide funding for park restroom facilities in the City of $ 5,000 Morgan

City of Mount Central heating and air conditioning for the Northside $ 5,000

Vernon

Community Center project in the City of Mount Vernon

City of Nahunta Construction improvement and equipment at City Hall in $ 10,000 the City of Nahunta

City of Nashville Completion of phase 2 universally accessible playground $ 20,000 in the City of Nashville

City of Newnan Purchase of hazardous material equipment for City of $ 5,000 Newnan Fire Department

City of Newnan City of Newnan Downtown Economic Development $ 20,000 Project

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 $ 10,000

Park

Norman Park

City of Norman Replace tanker truck tank for the Norman Park Volunteer $ 10,000

Park

Fire Department in the City of Norman Park

City of Ocilla Repair poor acoustics in the Community House at the $ 10,000 City of Ocilla

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 $ 6,000 of Oxford

City of Palmetto Provide recreation equipment for the City of Palmetto $ 10,000

500

JOURNAL OF THE HOUSE

City of Patterson Funds to pay for clean up of hazardous spill in City of $ 10,000 Patterson

City of Patterson Purchase office equipment for the City of Patterson

$ 5,000

City of Pearson Safety and facility enhancement for sports/recreation in $ 12,000 City of Pearson

City of Pearson Purchase street and road maintenance equipment for the $ 5,000 City of Pearson

City of Pelham Purchase of van for first respondent fire fighters in City of $ 15,000 Pelham

City of Pembroke Provide funding for old jail restoration in the City of $ 10,000 Pembroke

City of Pembroke Old Jail Welcome Center restoration in the City of $ 10,000 Pembroke

City of Pembroke Restore the interior of the historic downtown theater in $ 10,000 the City of Pembroke

City of Perry

Provide funds to Upton Perry Partnership for the Big $ 50,000 Indian Creek Development in the City of Perry

City of Perry

Replacement and installation of ballfield lighting at Rozar $ 50,000 Park in the City of Perry

City of Pine Lake Repairs to City Hall and paving of parking lot in the City $ 20,000 of Pine Lake

City of Pine Lake Purchase maintenance equipment for the City of Pine $ 15,000 Lake

City of Pine Lake Purchase equipment,software and provide training for $ 15,000 GCIC compliance in the City of Pine Lake

City of Pinehurst Purchase a maintenance truck for the City of Pinehurst $ 15,000

THURSDAY, FEBRUARY 13, 2003

501

City of Pineview Purchase water tank, pump house and a building for the $ 10,000 City of Pineview Fire Department

City of Pitts

Repair of gymnasium floor in recreation complex in the $ 10,000 City of Pitts

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 $ 10,000 Portal

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 $ 15,000 Department

City of Quitman Athletic equipment for the City of Quitman Recreation $ 10,000 Department

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 $ 20,000 for the City of Richland

City of Richland Renovations of downtown City of Richland for the Street $ 10,000 Scape Project

City of Riverdale Funds to purchase playground equipment in the City of $ 10,000 Riverdale

City of Rochelle Removal of abandoned hazardous tank located in the $ 10,000 center of the City of Rochelle

City of Rochelle Purchase van for senior citizen center in the City of $ 20,000 Rochelle

502

JOURNAL OF THE HOUSE

City of Rockmart Purchase equipment for the City of Rockmart Civic $ 5,000 Auditorium

City of Rockmart Improvements to the little league field and equipment in $ 25,000 the City of Rockmart

City of Rockmart Purchase equipment for the City of Rockmart Fire $ 10,000 Department

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 $ 20,000 Center in the City of Rome

City of Rome Restoration funds for the Historic Clock and Tower in the $ 20,000 City of Rome

City of Rome Contract for services with National Creative Society for $ 20,000 children's service programs in City of Rome

City of Rome Funds for after-school mentoring program for 100 Black $ 10,000 Men of Rome

City of Rossville Downtown development in the City of Rossville

$ 15,000

City of Sale City Purchase required computer software for the uniform $ 6,750 chart of accounts for Sale City

City of Sandersville

Funding for improvements to the City of Sandersville $ 10,000 Recreation Department

City of Sardis Purchase surveillance cameras for the City of Sardis $ 5,000 Police Department

City of Savannah Purchase supplies, tools and books for renovation projects $ 10,000 at St. Paul Technical Center in the City of Savannah

THURSDAY, FEBRUARY 13, 2003

503

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 $ 10,000 Neighborhood Association in the City of Savannah

City of Savannah Recreational/neighborhood improvements for Nottingham $ 10,000 Park Community Association in the City of Savannah

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, $ 10,000 Inc. in the City of Savannah for capital improvements on campus

City of Savannah Provide funds for the Community Change for Youth $ 54,480 Development (CCYD) program in the City of Savannah

City of Savannah Renovation and construction of residential cottages at $ 40,000 Greenbriar Children's Center in the City of Savannah
City of Savannah Renovations to the drivers= license facility in the City of $ 270,000 Savannah

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 City of Smyrna Complete Veterans= Memorial in the City of Smyrna

$ 10,000 $ 35,000

City of Social Refurbish concession stand building and pavilion at $ 5,000

Circle

Stephens Park in the City of Social Circle

504

JOURNAL OF THE HOUSE

City of Soperton Provide funding for construction of commuter parking lot $ 15,000 in the City of Soperton

City of Soperton Renovation of recreation park facilities in the City of $ 15,000 Soperton

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 $ 25,000 Mountain

City of Stone Mountain

Contract for services with ART Station, Inc. in the City of $ 10,000 Stone Mountain for facility renovation

City of Summerville

Purchase of AED for the City of Summerville Fire $ 3,500 Department

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 $ 5,000 Arts Center in the City of Swainsboro

City of Swainsboro

Improvements to recreation complex in City of $ 15,000 Swainsboro

City of Swainsboro

Repairs, renovations and supplies for animal shelter in $ 5,000 City of Swainsboro

THURSDAY, FEBRUARY 13, 2003

505

City of Sycamore Improve lots and deteriorating buildings in the City of $ 10,000 Sycamore

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 $ 10,000 of Sylvester

City of Talbotton Smith Hill Community Improvement Project and $ 10,000 realignment of Smith Hill Road/Highway 80 intersection in the City of Talbotton

City of Talbotton Landscaping and park equipment for Kiddie Park in the $ 5,000 City of Talbotton

City of Tallapoosa

Recreation funds for the City of Tallapoosa

$ 20,000

City of Tallapoosa

Purchase equipment for Haralson County Historical $ 5,000 Museum in the City of Tallapoosa

City of Tallapoosa

Funds to construct a flag pole at the Scout House in the $ 2,000 City of Tallapoosa

City of Tallulah Repair and correct water lines in the City of Tallulah Falls $ 10,000 Falls

City of Temple Recreation department projects for the City of Temple $ 10,000

City of Tennille Funding for improvements to recreation facilities in the $ 10,000 City of Tennille

City of Tennille Equipment purchase for the City of Tennille

$ 5,000

506

JOURNAL OF THE HOUSE

City of Thunderbolt

Purchase First Response Vehicle for the Medical $ 20,000 Emergency Program for the City of Thunderbolt Fire Department

City of Thunderbolt

Contract for services with the Thunderbolt Museum $ 10,000 Society in the City of Thunderbolt

City of Tifton Construction of water line in the City of Tifton

$ 15,000

City of Tifton Repairs, improvements and equipment for historic $ 5,000 downtown Tift Theater in City of Tifton

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 $ 10,000 Twin City

City of Ty Ty Improvements to central city park area in the City of $ 5,000 TyTy

City of Tybee Construction of a pedestrian park in the City of Tybee $ 35,000

Island

Island

City of Tybee Tybee Island Recreation Feasibility Study Island

$ 25,000

City of Unadilla Renovation of old city buildings on Front Street in $ 15,000 downtown City of Unadilla

City of Valdosta Maintenance and repairs for Valdosta/Lowndes County $ 5,000 Arts Commission

City of Valdosta Repairs to Lowndes County Historical Society

$ 3,000

City of Valdosta Purchase furniture, equipment and supplies for Southside $ 5,000 Library in Valdosta

City of Valdosta Contract for services with the Valdosta Food Bank

$ 10,000

THURSDAY, FEBRUARY 13, 2003

507

City of Valdosta Contract with Valdosta Boys and Girls Club for after $ 5,000 school programs in the City of Valdosta

City of Valdosta Community Based Children's Advocacy Center in the $ 10,000 City of Valdosta

City of Valdosta Contract with LAMP, Inc. to provide transitional housing $ 5,000 program for women and children in the City of Valdosta

City of Valdosta Renovation to City of Valdosta's Oldest House, the $ 15,000 Robert House

City of Valdosta Purchase books and equipment for the South Georgia $ 20,000 Regional Library in the City of Valdosta

City of Vidalia Improvements to walking trail at the Ed Smith Complex $ 5,000 in Vidalia County

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 $ 5,000 Fire Department

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 $ 7,300

Walthourville Enrichment Program in the City of Walthourville

City of Warner Operation of the Air Force Museum in the City of Warner $ 90,000

Robins

Robins

City of Warwick Purchase radio and law enforcement equipment for police $ 5,000 vehicles for the City of Warwick

City of Washington

Contract for services with Washington/Wilkes Family $ 10,000 Connection for Jump Start Early Intervention Program in the City of Washington

508

JOURNAL OF THE HOUSE

City of Watkinsville

Landscape the Hershel B. Harris Garden and Harris $ 5,000 Shoals Park in the City of Watkinsville

City of Waycross Renovations and restoration to the Ritz Theater in the $ 10,000 City of Waycross

City of Waycross Purchase computers for the Drug Action Council's Weed $ 2,500 and Seed Program in City of Waycross

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

Purchase playground equipment for the city Kiddie Park $ 10,000

Willacoochee in the City of Willacoochee

City of Woodland

Safety improvements to City Park in the City of $ 10,000 Woodland

City of Wrightsville

Improvements to West View Cemetery in the City of $ 10,000 Wrightsville

City of Wrightsville

Purchase equipment for fire department in the City of $ 15,000 Wrightsville

City Of Cave Springs

Funding for street and sewer construction in the City of $ 15,000 Cave Springs

City Of White Purchase volunteer fire department supplies for the City $ 9,000 of White

Clark County

Northeast Georgia Regional Center for Independent $ 107,540 Living in Clark County

Clay County

Planning, mapping, addressing, and implementing of $ 15,000 enhanced 911 system in Clay County

THURSDAY, FEBRUARY 13, 2003

509

Clayton County Athletic equipment, fine arts program and band programs $

Board of

for North Clayton High in Clayton County

Education

5,000

Clayton County Athletic equipment, fine arts program and band programs $

Board of

for Church St Elementary in Clayton County

Education

5,000

Clayton County Athletic equipment, fine arts program and band programs $

Board of

for Oliver Elementary in Clayton County

Education

5,000

Clayton County Athletic equipment, fine arts program and band programs $

Board of

for Northcutt Elementary School in Clayton County

Education

5,000

Clayton County Athletic equipment, fine arts program and band programs $

Board of

for North Clayton Middle School in Clayton County

Education

5,000

Clayton County Athletic equipment, fine arts program and band programs $

Board of

for West Clayton Elementary School in Clayton County

Education

5,000

Clayton County Support school operation resources for Robert Smith $

Board of

Elementary PTA for Clayton County

Education

1,000

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

Clayton County Support school operations resources for Jonesboro High $

Board of

School PTA in Clayton County

Education

1,000

510

JOURNAL OF THE HOUSE

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

Education

1,000

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 Middle $

Board of

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 $ 10,000 Emergency Shelter in Clayton County

THURSDAY, FEBRUARY 13, 2003

511

Clayton County Purchase training tools, safety and office equipment for $ 10,000 the Forest Park Athletic Assn. in Clayton County

Clayton County Operating funds and HUD match for Calvary Refuge in $ 30,000 Clayton County

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 $ 10,000

Board of

School in Clayton County

Education

Clayton County Weight room modifications and weight room equipment $ 10,000

Board of

at Lovejoy High School in Clayton County

Education

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 $ 10,000 County Commission

Clayton County Provide for computer and research equipment for Evening $ 10,000 High School in Clayton County

Clayton County Repairs and Renovations of the Clayton County $ 25,000

Board of

Alzheimer Center

Commissioners

Clayton County Funds for a study on the use of the Atlanta Farmer's $ 25,000 Commission Market and how it should be developed in future years in
Clayton County

Clayton County Repairs and renovation of athletic fields at Forest Park $ 20,000

Board of

High School in Clayton County

Education

512

JOURNAL OF THE HOUSE

Clayton County Funds to continue program goals for the Youth $ 25,000

Board of

Empowerment Project in Clayton County

Commissioners

Clayton County Funds for computer and research equipment for Morrow $ 10,000 High School in Clayton County

Clayton County Purchase computer and research equipment for North $ 10,000 Clayton High School in Clayton County

Clayton County Funds for computer and research equipment for Mt. Zion $ 10,000 High School in Clayton County

Clayton County Provide for an after-school intervention program in $ 10,000 Clayton County

Clayton County Funds for computer equipment for Jonesboro High School $ 10,000 in Clayton County

Clayton County Funds for computer and research equipment for Lovejoy $ 10,000 High School in Clayton County

Clayton County Provide for computer and research equipment for $ 10,000 Riverdale High School in Clayton County

Clayton County Funds for computer and research equipment for Forest $ 10,000 Park High School in Clayton County

Clayton County Purchase band uniforms for Mundy=s Mill High School $ 20,000

Board of

for Clayton County Board of Education

Education

Clayton County Purchase computer software for Clayton County Voter $ 18,700

Voter

Registration Office

Registration

Clinch County Purchase computer and research resources for Huxford $ 15,000 Genealogical Library in Clinch County

THURSDAY, FEBRUARY 13, 2003

513

Cobb County
Cobb County
Cobb County
Cobb County
Cobb County
Cobb County
Cobb County
Cobb County
Cobb County Board of Education Cobb County Board of Education Cobb County Board of Education Cobb County Board of Education

Install handicap ramps and handicap restroom upgrades $ 16,500 for South Cobb Community Center in Cobb County
Purchase of playground equipment for Young Family $ 15,000 Community Resource Center in Cobb County
Purchase of medical supplies for Smyrna Community $ 12,000 Health Center in Cobb County
Funding for materials at Nickajack Elementary School in $ 1,000 Cobb County
Funding for student uniforms at Pebblebrook High School $ 6,000 in Cobb County
Funding for materials at Lindley Middle School in Cobb $ 2,000 County
Construct a storage facility, batting cage and dugouts at $ 14,500 Harrison High School in Cobb County
Construct facility for fast pitch program at Walton High $ 50,000 School in the City of Marietta
Construct bleachers on softball field and on visitor's side $ 15,000 of baseball field at Osborne High School in Cobb County
Fund position for bi-lingual family services coordinator at $ 5,000 Birney Elementary School in Cobb County
Computers and books needed for technology media center $ 5,000 at Campbell High School in Cobb County
Purchase two copiers and to complete a playground for $ 5,000 the Brown Elementary School in Cobb County

514

JOURNAL OF THE HOUSE

Cobb County Board of Education

Purchase computers, physical ed equipment and provide $ summer programs at Griffin Middle School in Cobb County

5,000

Cobb County Board of Education

Laptop computers and books for the media center at $ 5,000 Norton Park Elementary in Cobb County

Cobb County Board of Education

Purchase books and materials for bookmobile for $ 5,000 Belmont Elementary School in Cobb County

Cobb County Board of Education

Purchase computers and printers at Nickajack Elementary $ 5,000 in Cobb County

Cobb County Board of Education

Provide for computer software and training in Cobb $ 6,488 County for Cobb County Board of Education

Cobb County Board of Education

ESOL materials and tech support staff member for Floyd $ 5,000 Middle School in Cobb County

Cobb County Board of Education

Purchase and installation of 15 desktop computers for $ 10,000 Campbell Middle School in Cobb County

Cobb County Board of Education

Purchase of lockers for the football field house at Kell $ 10,000 High School in Cobb County

Cobb County Board of Education

Purchase and install security system at Campbell High $ 20,000 School for Cobb County Board of Education

Coffee County Assist in equipment for Wilsonville Volunteer Fire $ 10,000 Commissioners District station in Coffee County

THURSDAY, FEBRUARY 13, 2003

515

Coffee County Highway 441 Economic Development Council, $ 60,000 Incorporated

Coffee County Construct volunteer fire station for the Wilsonville $ 10,000 Commissioners community in Coffee County

Coffee County Purchase playground equipment for Nicholls Elementary $ 15,000 School in Coffee County

Coffee County Board of Education

Purchase of mats and weights for Coffee Middle School $ 10,000 in Coffee Board Of Education

Colquitt County Improvements in the Culbertson Community Volunteer $ 10,000 Fire Department in Colquitt County

Columbia Board Athletic Improvements for Evans High School in $ 10,000 of Education Columbia County

Columbia Board Technology improvements for Blue Ridge Elementary in $ 5,000 of Education Columbia County

Columbia County

Field improvements for Martinez Evans Little League in $ 10,000 Columbia County

Columbia

Outdoor classroom for the Westmont Elementary in $

County Board of Columbia County

Education

5,000

Columbia

Athletic Improvements for the Greenbriar High School in $ 10,000

County Board of Columbia County

Education

Columbia

Athletic improvements for Lakeside High School in $ 10,000

County Board of Columbia County

Education

516

JOURNAL OF THE HOUSE

Columbia County

Sheriff's Office Summer Camp program in Columbia $ 15,000 County

Columbia County

Refurbish the historical Crawford Cemetery in Columbia $ 15,000 County

Columbus Consolidated Government

Funding for the Positive Parenting/Play and Learn $ 10,000 Together Program/ Teenage Parenting Program in Columbus/Muscogee County

Columbus Consolidated Government

Contract for services with Urban League of Greater $ 20,000 Columbus for Youth Challenge Project

Columbus Consolidated Government

Contract for services with Columbus Community Central $ 25,000 for outreach program in Columbus

Columbus Consolidated Government

Contract for services with Port Columbus Civil War $ 100,000 Navel in Columbus/Muscogee County

Columbus Consolidated Government

Contract for services with the Boys and Girls Clubs of $ 120,000 Columbus for Columbus/Muscogee County

Columbus Consolidated Government

Contract for services with Metropolitan Columbus Task $ 20,000 Force for Columbus/Muscogee County

Columbus Consolidated Government

Contract for services with Combined Communities of $ 20,000 S.E. Columbus for tutorial program for at-risk youth

Columbus Consolidated Government

Contract for services with Community Health Center of $ 20,000 South Columbus, Inc.

THURSDAY, FEBRUARY 13, 2003

517

Columbus Consolidated Government

Contract for services with Men of Action, Inc. for $ 15,000 programs at Farley Homes in Columbus

Columbus Consolidated Government

Athletic field renovations at North Gwinnett High School $ 20,000 in Gwinnett County

Columbus Consolidated Government

Contract with Two Thousand Opportunities Inc. to $ 65,000 provide jobs for at-risk youth and startup businesses in Columbus

Columbus Consolidated Government

Contract with 100 Black Men of Columbus for youth $ 15,000 mentoring program in the City of Columbus

Columbus Consolidated Government

Contract for services with Project Rebound for $ community based intervention program for students atrisk in Columbus

5,000

Columbus Consolidated Government

Recreation grant to assist with recruitment of youth and $ 50,000 student activities for recreation department and South Commons/FCC, Inc. in Columbus

Columbus Consolidated Government

Provide Welcome Center in Columbus/Muscogee County $ 10,000

Columbus Consolidated Government

Contract with Kay Community Service Center for a $ 48,000 sheltered workshop in Fort Valley

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

518

JOURNAL OF THE HOUSE

Crawford County Contract with Boys and Girls Club of Peach County for $ 5,000 building improvements in Crawford County

Crawford County Purchase equipment for volunteer fire department for $ 6,500 Crawford County

Crawford County Purchase furniture for new Crawford County Courthouse $ 15,000

Crawford County Purchase of ambulance and renovations to EMS $ 35,000 headquarters in Crawford County

Crawford County Aid in construction costs for the completion of the $ 25,000 Commission Crawford County Courthouse

Crisp/Cordele County IDA

Assist in constructing a monument at the Friends of $ 50,000 Georgia Veterans= Memorial State Park in the City of
Cordele

Crisp County Commission
Dade County

Renovation of a county building to be used to start classes $ 10,000 at Darton College in City of Cordele
Construction of Veterans= Memorial Park in Dade County $ 20,000

Decatur County Renovation of building for crime scene processing $ 10,000 laboratory in Decatur County

Decatur County Renovation of building for crime scene processing $ 6,000 laboratory in Decatur County

Decatur County Purchase fire fighting equipment for Decatur County

$ 10,000

Decatur County Purchase pick up truck for the Decatur County Sheriff's $ 10,000 Department Deputy Auxiliary Force

Decatur County Construct an additional building for the Fowlstown Fire $ 1,000 Department in Decatur County

Decatur County Crime Scene Processing building in Decatur County

$ 16,000

THURSDAY, FEBRUARY 13, 2003

519

Dekalb County Contract for services with Green Forest Community $ 30,000 Development, Inc. for a Pre-School/Early Childhood Technology Program in DeKalb County

Dekalb County Contract for services with Oakhurst Medical Center for a $ 15,000 Stroke, Diabetes Education/prevention program in DeKalb County

Dekalb County Lighting for Shoal Creek Park on McAfee Drive in $ 10,000 DeKalb County

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 $ 35,000 County

Dekalb County Funding for Life Skills for Tomorrow Program in Dekalb $ 50,000 County

Dekalb County Provide funding for Leadership Academy in Dekalb $ 80,000 County

Dekalb County Funding for playground for Brookrun Park in Dekalb $ 50,000 County

DeKalb County Renovation and outdoor lighting for Briarwood $ 10,000 Recreation Center in DeKalb County

DeKalb County Fill in dangerous ditches and sidewalk construction on $ 20,000 LaVista Road in unincorporated DeKalb County from Atlanta City line to Citadel Road

DeKalb County Re-engineer dangerous intersection Briarcliff Road, $ 10,000 Johnson Road and Zonolite Road in DeKalb County

DeKalb County Contract for services with the Push Push Theater of $ 10,000 DeKalb County

520

JOURNAL OF THE HOUSE

DeKalb County Contract for services with IAM, Inc. for after-school $ 5,000 tutoring/mentoring program in DeKalb County

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 $ 5,000 DeKalb County

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

Education

5,000

DeKalb County Program assistance for Browns Mill Park/DeKalb Yellow $ 10,000 Jacket Football/Cheerleading Programs in DeKalb County

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 $ 30,000 County

DeKalb County Building and grounds improvements for Murphey Candler $ 5,000

DeKalb County Field renovation for girls softball field at Murphey $ 5,000 Candler Park in DeKalb County

DeKalb County Contract for services with South DeKalb Improvement $ 45,000 Initiative to staff and supply SLAM Saturday tutorial sessions

THURSDAY, FEBRUARY 13, 2003

521

DeKalb County Board of Education

Purchase library books for Hambrick, Idlewood, Stone $ Mill, Shadow Rock, Pine Ridge, Redan, Wynnebrooke, 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 $ 30,000 Improvement Initiative for tutorial programs in DeKalb County

DeKalb County Contract for service with South DeKalb Improvement $ 20,000 Initiative for senior adult services in DeKalb County

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 $ 44,000 for services to emotionally disturbed children in DeKalb County

DeKalb County Provide for comprehensive youth service program in $ 15,000 Scottdale Community in DeKalb County

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

522

JOURNAL OF THE HOUSE

DeKalb County Assist PTA repair and purchase band uniforms and $

Board of

instruments at Southwest DeKalb High in DeKalb County

Education

6,000

DeKalb County Assist PTA to repair and purchase band uniforms and $

Board of

instruments for Columbia High School in DeKalb County

Education

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 $ 20,000 Atlanta for tutorial, education and after-school care programs in DeKalb County

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 in DeKalb $ 30,000 County

DeKalb County Contract for services with Wonderland Gardens in $ 20,000 DeKalb County

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

THURSDAY, FEBRUARY 13, 2003

523

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 DeKalb County

4,000

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 Outreach $ 20,000 Empowerment Program in Dekalb County

DeKalb County Improve Civic Club building in Dekalb County

$ 15,000

DeKalb County Purchase landscaping supplies and gate for Dekalb $ 7,200 County Civic Association

DeKalb County Provide funding for Dekalb County Computer Literacy $ 10,000 Program

DeKalb County Funding for KHADIJALAND operating expenses in $ 20,000 Dekalb County

DeKalb County Purchase athletic equipment for the disabled youth of $ 10,000 Dekalb County

DeKalb County Construction of playground at BrookRun in DeKalb $ 15,000 County

DeKalb County

Beautification projects for Hidden Hills, Meadows, $ Southland, Mountain, Deer Creek, Fontaine, Fontaine East, and PTA enhancements for Redan, Miller Grove and Stevenson High School in DeKalb County

10,000

524

JOURNAL OF THE HOUSE

DeKalb County Coalition of Concerned Africans, Inc. in DeKalb County $ 5,000

Dodge County Equipment money for the Plainfield fire department in $ 3,000 Dodge County

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 $ 10,000 and operation

Dooly County Replace fire truck for City of Byromville in Dooly $ 30,000 County

Dougherty County

Contract for services with Dougherty County Community $ 10,000 Coalition for senior day care in Dougherty County

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 $ 7,000 Douglas County EMA

Douglas County Thermal Imaging Camera for the Douglas County Fire $ 10,000 Department

Douglas County Summer remediation program for Douglas County middle $ 10,000

Board of

school students

Education

THURSDAY, FEBRUARY 13, 2003

525

Douglas County Purchase food and other supplies for Douglas County $ 20,000 Food Bank

Douglas County Purchase equipment for the Douglas County Government $ 20,000

Board of

Access Channel

Commissioners

Douglas County Improve playground equipment for Eastside Elementary $ 10,000 School System in Douglas County

Dublin City
Board of Education

Renovation of bathroom facilities at Shamrock Bowl in $ 5,000 the City of Dublin

Dublin City
Board of Education

Purchase band uniforms for Dublin High School for the $ 10,000 Dublin City Board of Education

Dublin City
Board of Education

Purchase band uniforms for Dublin High School in City $ 10,000 of Dublin

Dublin/Laurens County Recreation Authority

Lighting for fields for Dublin Laurens County Recreation $ Authority

5,000

City of Eastman Funds for the Boys and Girls Club for the City of $ 12,000 Eastman

Early County Commission

Fund expenses associated with seeking a power $ 25,000 generating plant for the Economic Development Authority in Early County

Eastman/Dodge Construction project for Eastman/Dodge Development $ 25,000 Development Authority Authority

526

JOURNAL OF THE HOUSE

Eatonton City Funding to further enhance the Alice Walker Street $ 10,000

Council

Project in the City of Eatonton

Echols County Purchase eleven air pacs for the Echols County Volunteer $ 15,000 Fire Department

Effingham County

Playground equipment for Clyo Community Park in $ 15,000 Effingham County

Effingham

Furniture for new Ebenezer Middle School in Effingham $ 10,000

County Board of County

Education

Effingham

Sand Hill Elementary School playground equipment for $ 10,000

County Board of disabled in Effingham County

Education

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 $ 10,000 Emanuel County

Emanuel County Improvements to the Emanuel County Courthouse

$ 20,000

Evans County Enhancements to Industrial Park in Evans County

$ 10,000

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 $ 10,000 Board of Education

Fannin County Provide crew from Union C.I. to maintain park and clean $ 25,000 bank area in Fannin County

THURSDAY, FEBRUARY 13, 2003

527

Fannin County Park amenities to include restrooms and roads to ballpark $ 30,000 in Fannin County

Fannin County Board of Education

Purchase educational supplies for West Fannin $ 10,000 Elementary in Fannin County

Fannin County Board of Education

Purchase gravel to extend parking for Fannin County $ Head Start program

5,000

Fayette County Funds supporting the Foundation de Manana program in $ 10,000 Fayette County

Floyd County Construction of access road to the new Pirelli Plant in the $ 25,000 Floyd County

Floyd County Provide driveway accessibility for ASL Archer Co Plant $ 20,000 in Floyd County

Floyd County Provide funds for education program at Chieftains $ 15,000 Museum in Floyd County

Floyd County Provide language programs to the Latin/Hispanic $ 25,000 population at Floyd College in Floyd County

Floyd County Fund expenses and equipment at Camp Good Times in $ 15,000 Floyd County

Floyd County Fund video production project at Coosa High School in $ 10,000 Floyd County

Floyd County Board of Education

Construct a multi-purpose "Classroom in the Wild" $ 12,500 building at Coosa Middle School in Floyd County

Floyd County Board of Education

Outdoor activities project at the Pepperell Middle School $ 25,000 in Floyd County

528

JOURNAL OF THE HOUSE

Floyd County Board of Education

Construct memorial athletic field for 4th and 5th graders $ 10,000 at Pepperell Elementary in Floyd County

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 $ 10,000

Board of

Center

Education

Franklin County Building and equipment for Red Hill, Bold Springs,

$ 20,000

Double Churches, Five Acre, Lyons and Sandy Cross Fire

Departments in the Franklin County

Franklin County Building and equipment for Red Hill, Bold Springs, $ 10,000 Double Churches, Five Acre, Lyons, and Sandy Cross Fire Department in Franklin County

Fulton County Construction of an outdoor environmental classroom at $ 15,000 Abbots Hill Elementary School in Fulton County

Fulton County Purchase of computers and software for the Harriett G. $ 25,000 Darnell Multi-purpose facility in Fulton County

Fulton County Contract for services with Quality Living Services, Inc. in $ 45,000 Fulton County

Fulton County Funds for "Listen Up", a drug prevention and education $ 25,000 program in Fulton County

Fulton County Funding for ceiling repair of the Kappa Omega $ 60,000 Foundation facility in the City of Atlanta

Fulton County Provide computer and research equipment for Creekside $ 10,000 High School in Fulton County

THURSDAY, FEBRUARY 13, 2003

529

Fulton County Provide funding for the KidsGym USA program in Fulton $ 25,000 County

Fulton County Board of Education

Development of an outdoor classroom for Roswell North $ 10,000 Elementary School in Fulton County

Fulton County Board of Education

Outdoor classroom at the Taylor Road Middle School in $ 15,000 Fulton County

Fulton County Board of Education

Contract with Connection, Inc. for victory over violence $ 10,000 activities in south Fulton County schools

Fulton County Board of Education

Create science lab at Finidley Oaks Elementary School in $ 15,000 Fulton County

Fulton County Board of Education

Contract with K.I.D.D.S. Dance Project, Inc. in Fulton $ 10,000 County

Georgia Tech Funding for a joint policy institute between Georgia Tech $ 75,000 and Morehouse College

Glascock County Complete renovation of courthouse annex in Glascock $ 10,000 County

Glynn County Installation of outdoor lighting for the Animal Control $ 5,000 facility in Brunswick

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 $ 10,000 Health Center for handicapped recreational outdoor pavilion in Grady County

530

JOURNAL OF THE HOUSE

Grady County Renovation and improvements to Wayside Community $ 10,000 Center in Grady County

Grady County Building construction and equipment purchases for the $ 10,000 Midway Fire Department in Grady County

Grady County Board of Education

Funds to enhance tennis courts, add lights and make other $ 10,000 improvements to the softball field at the Cairo High School in Grady County

Greene County Equipment and display cases at Abram Colby Decorative $ 2,000 Arts Gallery in Greene County

Greene County Renovation of historic old jail in Greensboro for museum $ 15,000 in Greene County

Greene County Feasibility study to determine healthcare system options $ 10,000 for Greene, Morgan, Putnam Region

Greene County Funding for old jail restoration project in Greene County $ 10,000

Gwinnett Community Foundation

Provide funds to allow Aurora Theater performances in $ 10,000 elementary schools in Gwinnett County

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 $ 25,000 construction of Phase II Expansion of the Day Habilitation Program in Gwinnett County

Gwinnett County Renovation of Athletic facilities at Duluth High School in $ 20,000

Board of

Gwinnett County

Education

Gwinnett County Creative Enterprises

$ 50,000

THURSDAY, FEBRUARY 13, 2003

531

Gwinnett County Asphalt walking track around playground at Mountain $ 20,000 Park Elementary School in Gwinnett County

Hall County Create walking trail in Tadmore Park in Hall County

$ 15,000

Hall County Board of Education

Playground equipment for White Sulphur Elementary $ 10,000 School in Hall County

Hancock Board of Commissioners

Purchase a vehicle and equipment for East Lake Sinclair $ Fire Department in Hancock County

10,000

Hancock County Funds needed to purchase firefighting equipment and $ 10,000 supplies for Sparta/Hancock County Fire Department

Hancock County Develop hydroponic garden at M.E. Lewis Elementary in $

Board of

Hancock County

Education

4,000

Haralson County Contract services for Family Connections Haralson $ 25,000 County

Haralson County Contract services for Lamp Program in Haralson County $ 25,000

Haralson County Recreation funds for Haralson County Recreation $ 20,000 Department

Haralson County Fund programs and curriculum for Haralson County $ 7,000 Family Support Programs

Haralson County Fund programs and curriculum for Haralson County $ 7,000 Family Connection

Haralson County Purchase athletic equipment for Haralson County High $ 10,000 School

Hart County Paving for Hart County Public Safety Training facility $ 10,000

532

JOURNAL OF THE HOUSE

Hart County

Emergency equipment (defibrillator) for Hart County Fire $ 8,000 Department

Heard County Recreation department projects for Heard County

$ 15,000

Heard County

Purchase bullet proof vests for every law enforcement $ 20,000 officer in Heard County Sheriff's Department and City of Franklin Police Department

Heard County Board of Education

Purchase two computer labs at Centralhatchee and $ 15,000 Ephesus Elementary Schools in Heard County

Heart of Georgia Provide youth programs and air show at the Heart of $ 10,000 Airport Authority Georgia Airport Authority

Henry County General repair and maintenance of shelter facilities at A $ 10,000 Friend's House in Henry County

Henry County Purchase office equipment for Henry County Sheriff's $

Board of

Office

Commissioners

7,500

Henry County Board of Education

Purchase new books for Austin Road Middle School $ Library in Henry County

5,000

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

THURSDAY, FEBRUARY 13, 2003

533

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 $ 25,000 Department in Houston County

Houston County Contract for services with Family Counseling Control of $ 15,000 Central Georgia in Houston County

Houston County Purchase piano for the Fine Arts Department at Houston $ 14,000

Board of

County High School

Education

Irwin County

Repair to gymnasium in the recreation complex in Irwin $ 10,000 County

Irwin County Upgrade inventory of books for the Irwin County Library $ 10,000

Irwin County

Repair and upkeep of Civil War Memorial located on $ 5,000 courthouse square in the City of Ocilla

Irwin County Board of Education

Construction of physical education room for wrestling, $ 10,000 cheerleading and band activities for the Irwin County High School

Jackson County Purchase of equipment for Plainview Fire Department in $ 15,000 Jackson County

Jackson County Purchase of equipment for the Jackson County Volunteer $ 20,000 Rescue

Jackson County Construction of homeland security building for the $ 15,000 Jackson County Fire Department

534

JOURNAL OF THE HOUSE

Jasper County Board of Education

Lighting for high school baseball/softball fields in Jasper $ 35,000 County

Jeff Davis

Purchase playground equipment for parks in Jeff Davis $ 15,000

County

County

Commissioners

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 $ 10,000 County Museum

Jeff Davis County

Assist Jeff Davis County with economic development $ 25,000

Jefferson County Provide funding for tourism for Jefferson County $ 25,000 Economic Development Authority

Jefferson County Funds to purchase a surplus vehicle for the Jefferson $ 1,500 County Coroner's Office

Jefferson County Purchase signs for Jefferson County High School and $ 12,500 School System Sandersville Technical College

Jenkins County Repair to the Jenkins County Library

$ 10,000

Jenkins County Purchase and renovate theater building for Jenkins $ 25,000 County DevelopmentAuthority

Jenkins County Complete construction of recreation building for $ 15,000 Millen/Jenkins County Recreation Department

Jenkins County Funds to pave Health Department parking lot in Jenkins $ 5,000 Commission County

THURSDAY, FEBRUARY 13, 2003

535

Johnson County Purchase equipment, renovate and repairs at the Senior $ 5,000 Citizen Center in Johnson County

Johnson County Rural fire department improvements and equipment $ 15,000 purchases in Johnson County

Johnson County Renovation of recreation complex and purchase $ 10,000 equipment in Johnson County

Johnson County Renovations to fire stations in Johnson County Board of Commissioners

$ 10,000

Johnson County Paving project for the Johnson County Board of $ 25,000

Board of

Education

Education

Jones County

Design and develop landscape beautification project at $ 15,000 the Jones County Civic Center

Jones County

General operation of the Jones County Recreation $ 25,000 Department

Jones County

Purchase firefighting equipment for fire tank in Jones $ 5,000 County Volunteer Fire Department

Jones County Commission

Fund new recreation area for City of Haddock

$ 9,000

Lamar County Lamar County Ag Expo Center

$ 25,000

Lamar County Purchase bullet proof vests for every law enforcement $ 15,000 officer in Lamar County

Lamar County Crisis response vehicle/mobile command center for $ 40,000 Lamar County Sheriff's Department

Lanier County Expansion of the Robert Simpson Nature Trail in Lanier $ 10,000 County

536

JOURNAL OF THE HOUSE

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 $ 5,000 County Library in Laurens County

Laurens County Purchase sexual abuse screening equipment for Stepping $ 25,000 Stone program in Laurens County

Laurens County Construction of weight training room for Health $ 10,000

Board of

Education at West Laurens High School in Laurens

Education

County

Laurens County Purchase band uniforms for West Laurens High School in $ 10,000

Board of

Laurens County

Education

Laurens County Construction of T-Hangars at the airport in Laurens $ 5,000 County

Laurens County Recreational equipment for Heart of Georgia Psycho $

Board of

Educational Services in Laurens County

Education

5,000

Laurens County Improvements for Cedar Grove Community Center in $ 10,000 Laurens County

Lee County

Repair old fire station which is being converted to $ 16,000 Redbone Library in Lee County

Lincoln County Building and equipment for the Loco Volunteer Fire $ 10,000 Department in Lincoln County

Lincoln County Contruction of water line and infrastructure for Boy Scout $ 25,000 Commission Camp in Lincoln County

Long County

Fire department equipment to include personal turn out $ 30,000 gear for Long County

THURSDAY, FEBRUARY 13, 2003

537

Long County

Purchase new car for the Long County Sheriff's $ 10,000 Department

Long County Purchase new Sheriffs Department car in Long County $ 5,000

Long County

Purchase protective gear for the volunteer fire department $ 8,000 in Long County

Long County Provide new computer equipment in Long County

$ 20,000

Lowndes County Purchase New Book Van for South Georgia Regional $ 15,000 Library in Lowndes County

Lowndes County Purchase theater equipment for program through Valdosta $ 10,000 State University in Lowndes County

Lowndes County Construction of the James Belk Youth and Teen Center at $ 75,000 YMCA in Lowndes County

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 $ 23,834 Commissioners Courthouse

McIntosh County Purchase seventeen-passenger Ford Econovan for the $ 20,000 Esther Project, Inc. in McIntosh County

Meriwether County

Construct a football field for Greenville High School in $ 75,000 Meriwether County

Meriwether County

Purchase bullet proof vests for every law enforcement $ 25,000 officer in Meriwether County

Mitchell County Contract for services with Mitchell County Boys and $ Girls Club for Smart Moves pregnancy prevention program

9,000

538

JOURNAL OF THE HOUSE

Mitchell County Purchase new fire protection equipment for seven $ 21,000 volunteer fire departments in Mitchell County

Monroe County School building renovations for Community Wellness $ 15,000

Board of

Center in Monroe County

Education

Monroe County Purchase and install a cardiac monitoring system, $ 25,000

Hospital

communications system or other improvements at Monroe

Authority

County Hospital

Montgomery County

Repair roof of historic building at Montgomery County $ 10,000 High School

Montgomery Repair roof and flooring of the 1929 building for the $ 10,000 County Schools Montgomery County School Board

Montogomery Purchase of rescue equipment for the Montgomery $ 5,000

County

County Emergency Management Agency

Montogomery New fence at the Montgomery County Recreation $ 5,000

County

Department

Morgan County Funding for the construction of an Animal Control $ 9,000 Commission Building for Morgan County

Morgan County Construct a new fire department at Clack's Chapel in $ 9,000 Commission Morgan County

Morgan County Purchase tennis court lighting system for Morgan County $ 10,000

Board of

Board of Education

Education

Muscogee

Construction of rope bridge site for Raider's Team, $ 15,000

County Board of Freedom Fighter's Cultural Arts Program in Muscogee

Education

County

Muscogee

Construct a rope bridge site for competitive preparation of $ 10,000

County Board of Raider's Team. Freedom Fighters Cultural Art Program

Education

to expand character education program

THURSDAY, FEBRUARY 13, 2003

539

Muscogee

Funds for an after-school program for troubled students at $ 10,000

County Schools Baker MiddleSchool in Muscogee County

Muscogee
County School System

Beautification project at Carver High School in Muscogee $ 10,000 County

Muscogee
County School System

Beautification project at Marshall Middle School in $ 10,000 Muscogee County

Newton County Enhancements to B.C.Crowell Park and ballfield in the $ 5,000 City of Porterdale

Newton County Construction of tennis courts for Eastside High School in $ 20,000

Board of

Covington

Education

Newton County Enhance, purchase and install playground equipment for $ 7,500 West Newton Elementary School in Newton County

Newton County Purchase band equipment for Cousins Middle School in $ 10,000

Board of

City of Covington

Education

Newton County Fund construction of two softball fields at Old Cousins $

Board of

Middle School in Newton County

commission

8,000

Oconee County Funds for the Fine Arts Department of Oconee High $

Board of

School

Education

5,000

Oglethorpe

Planning and startup funding for Agricultural Center in $ 10,000

County Board of Oglethorpe County

Education

Paulding County Funding for museum equipment in Paulding County

$ 3,000

540

JOURNAL OF THE HOUSE

Paulding County Funds for outside lighting and school signs for Paulding $ 15,000 County Board of Education

Paulding County Purchase recreational equipment for community centers in $ 16,000 Paulding County

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

Peach County Assist in reroofing Kay Center for Mentally Retarded in $ 30,000 Peach County

Pelham City Board of Education

Improvements to the agriculture livestock facilities in $ 15,000 Pelham City public schools

Perry Downtown Land acquisition and improvements for the Perry $ 100,000 Development Downtown Development Authority Authority

Pierce County Purchase equipment for Pierce County

$ 2,000

Pierce County Improvements to Lakeview Community Center in Pierce $ 30,000 County

Pierce County Provide funding for the Pierce County Resource Center $ 90,000

Board of

for the Pierce County Board of Commissioners

Commissioners

Pierce County Board of Education

Purchase band uniforms for Pierce County Band Boosters $

5,000

THURSDAY, FEBRUARY 13, 2003

541

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 $ 25,000 Polk County

Polk County Provide equipment for the Polk County Fire Department $ 40,000

Polk County

Purchase equipment for the Polk County Volunteer Fire $ 5,000 Department

Polk County

Construction of an emergency response facility in Polk $ 120,000 County

Putnam County New band equipment for the Putnam County High School $ Board of Education

8,000

Putnam County Renovation of old jail for office space in Putnam County $ 9,000 Commission

Putnam General Medical records retention, storage and retrieval system for $ 20,000

Hospital

the Putnam General Hospital in Putnam County

Authority

Quitman County Planning, mapping, addressing, and implementation of an $ 10,000 enhanced 911 system in Quitman County

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 $ 15,000 at Rabun County High School

Randolph County Purchase precision air rifles for JROTC program at $

Board of

Randolph/Clay High School in Randolph County

Education

5,000

542

JOURNAL OF THE HOUSE

Randolph County New student information system to replace OSIRS in the $ 30,000

Board of

Randolph County School System

Education

Randolph County Fund Star program in Randolph County Board of Education

$ 12,500

Randolph County Purchase of four intoxilyzers for the Randolph County $ 2,000 Sheriff's Department

Randolph County Complete final phase of voter/fire protection building for $ 18,000 the rural area of Randolph County

Randolph County Fund a rural transportation system for Randolph County $ 14,000

Richmond

Summer children=s programs at Belle-Terrace Community $

County Board of Center and May Park Community Center in

Education

Augusta/Richmond County

5,000

Richmond

Purchase equipment and furnishings for use in the $ 10,000

County Board of Technical Education Program at Glenn Hills High School

Education

in Richmond County

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 $ 25,000 Museum in Richmond County

Richmond County Commission
Richmond County
Richmond County
Richmond County Commission
Richmond County
Richmond County
Richmond County Commission
Richmond County
Richmond County
Richmond County Commission
Richmond County Commission

THURSDAY, FEBRUARY 13, 2003

543

Operational funds for National Legacy Foundation in $ 25,000 Richmond County

Provide funding for the Southeast Burn Foundation in $ 30,000 Richmond County
Funding for the Golden Harvest Food Bank in Richmond $ 10,000 County
Operational expenses for Delta Leadership Training $ 30,000 Program in Richmond County

Upgrade equipment at Richmond Academy in Richmond $ 25,000 County
Provide lighting and purchase equipment at Master City $ 15,000 Little League in Richmond County
Operational expenses for Southside Tutorial Program in $ 20,000 Richmond County

Funds for lighting and equipment at West Augusta Little $ 15,000 League in Richmond County
Purchase equipment/uniforms for the Augusta Boxing $ 15,000 Club in Richmond County
Construct a state of the art playground for disabled $ 25,000 children for The Rachel Longstreet Foundation in the City of Augusta
Support operation resources at Lucy Laney High School $ 15,000 in Richmond County

544

JOURNAL OF THE HOUSE

Satilla Regional Contract for services with the Satilla Advocacy Services $ 10,000 Medical Center for the Satilla Regional Medical Center in Waycross

Schley County Assist in air-conditioning Schley County Elementary $ 25,000 School

Screven County Playground equipment for rural communities of Screven $ 10,000 County

Screven County Design of a new jail for Screven County Sheriff's $ 10,000 Department

Screven County Fire fighting equipment for Screven County Fire $ 50,000 Department

Screven County Maintenance and operational cost of the Cooperville $ 3,000 Community House in Screven County

Screven County Upgrade county fire department equipment in Screven $ 15,000 County

Seminole County Construct a multi-purpose agri-center livestock pavilion $ 10,000

Board of

for the Seminole County High School in Seminole County

Education

Seminole County Grounds improvement and paving at the Seminole County $ 10,000 Commission Courthouse

Seminole County Agriculture Center and Livestock Building for the $ 20,000

Board of

Seminole County Board Of Education

Education

Seminole County Fund a multi-purpose building at Seminole County $ 25,000 Middle-High School

Seminole County Southwest Georgia multi-purpose facility Board of Education

$ 50,000

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545

Seminole County Construct an equipment and agricultural facility for $ 150,000

Board of

Seminole County Board of Education

Education

Stephens County Purchase equipment and software for the Stephens $ 10,120 Commission County Education Literacy Foundation

Stephens County Purchase two used vehicles for the Toccoa Rehabilitation $ 31,600 Ind., Inc, in Stephens County

Stephens County Purchase office furniture for newly renovated Toccoa $ 5,600 Armory In Stephens County

Stephens County Create two multi media computer centers for Liberty $ 16,422 Elementary School n Stephens County

Stephens County Operating funds for the Stephens County Library Commission

$ 20,000

Stephens County Purchase a 15 passenger van for the Stephens County 4-H $ 38,000 program

Stephens County Purchase of a fire boat and building equipment in $ 25,000 Stephens County

Stewart County Purchase patrol car for Stewart County

$ 6,000

Talbot County Board of Education

Repair gym floor at Central Elementary/High School in $ 10,000 Talbot County

Taliaferro Board Purchase patrol car for Taliaferro County Sheriff's $ 13,000

of

Department

Commissioners

Tattnall Board of Repair and fund improvements to Reidsville Middle $ 5,000

Education

School baseball field in the City of Reidsville

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Tattnall County Contract for services with the East Collins Community $ 10,000 Center for after-school program enhancements in Tattnall County

Tattnall County Purchase equipment for the Tattnall County EMA

$ 10,000

Tattnall County Emergency medical equipment to enhance 911 system for $ 10,000 Tattnall County

Tattnall County Provide funds for architectural support and planning of $ 10,000 Technology Center in Tattnall County

Tattnall County Match local and state/federal funds to market a farmer $ 5,000 Commissioners initiated program to sell local produce in Tattnall County

Taylor County Provide funding for Taylor County GIS Mapping System $ 50,000 and 911 feasibility study

Telfair County Recreation funding for Telfair County

$ 25,000

Telfair County Board of Education

Athletic facility improvements for Telfair County High $ 10,000 School

Telfair County Resurface Telfair County High School tennis courts High

$ 7,000

Terrell County Restore the historic Terrell County Courthouse's 1892 $ 45,000 Tower Clock and Tower Room

Terrell County Deceleration lane construction and related infrastructure $ 85,000 at conservation resource center in Terrell County

Thomas County Contract for services with Marquerite Neel Williams $ 15,000 Boys and Girls Club in Thomas County

Thomas County Resurface driveway and parking area at $ 5,000 Magnolia/Chappelle School in Thomas County

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547

Tift County

Purchase computers and pagers for Tift County Volunteer $ 10,000 Fire Department

Tift County

Purchase furniture for Tift County Public Library

Commissioners

$ 50,000

Town of Dexter Purchase equipment for Town of Dexter Volunteer Fire $ 5,000 Department

Town of Funston Replace water line on North Manning Street in the City of $ 7,500 Funston

Town of Funston Assist in replacing water line and fireplugs in Town of $ 10,000 Funston

Town of Ivey

Construct a Voluntary Fire Department and precinct $ 25,000 polling place in Town of Ivey in Wilkinson County

Town of Rebecca Purchase Christmas lighting for the City of Rebecca

$ 3,000

Town of Rentz Laurens County Ambulance Service satellite station in the $ 6,236 Town of Rentz

Town of Sumner Improvements to Town of Sumner auditorium for civic $ 10,000 and educational purposes

Town Of Shady Building improvements for Town of Shady Dale City Hall $ 20,000 Dale

Towns County Equipment for volunteer fire department in Towns $ 5,000 County

Towns County Board of Education

Extend Energy Management System for new elementary $ 20,000 school, new auditorium and middle school gym in Towns County

Treutlen County $2,000 per three Volunteer Fire Departments in Treutlen $ 6,000 County

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Treutlen County Purchase of a patching machine to repair county $ 10,000 maintained roads in Treutlen County

Treutlen County Purchase vehicle for Treutlen County Senior Center

$ 5,000

Treutlen County Purchase patching machine for road repairs in Treutlen $ 20,000 County

Treutlen County Renovation of the Board of Commissioners office $ 10,000 building in Treutlen County

Treutlen County Expansion of fire stations to house additional fire engine $ 20,000

Board of

in Treutlen County

Commissioners

Treutlen County Purchase athletic equipment for the Treutlen County $ 10,000 Board of Education

Troup County Development of the Clark Access Recreational Park in $ 50,000 Troup County

Troup County

Equipment crisis response vehicle with communication $ 25,000 and disaster response equipment for the Troup County Sheriff's Department

Troup County Board of Education

Create summer Driver's Ed Program for Troup County $ 25,000 students

Turner County Repairs, design and renovation of official state symbol $ 5,000 (peanut monument) in Turner County

Twiggs County Landscaping beautification at Twiggs County Historical $ 15,000 Courthouse

Twiggs County Upgrade records filing system for the Clerk of Superior $ 5,000 Court Office in Twiggs County

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549

Union City

Funding for the Keep South Fulton Beautiful program in $ 40,000 Union City

Union City

Provide for environmental protection through education $ 10,000 and facilities in Union City

Union County Design and construct a gymnasium/community center in $ 50,000 Union County

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 $ 10,000 Abusive Family Emergencies program) in Union County

Union County Equipment for volunteer fire department in Union County $ 5,000

Upson County Purchase emergency response truck for Upson County $ 10,000 Emergency Management Agency

Upson County Purchase bullet proof vests for every law enforcement $ 25,000 officer in Upson County

Walker County Contract with Children's Advocacy Center to provide $ 15,000 Lookout Mountain Superior Courts child abuse 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 $ 15,000 LaFayette

Walker County Renovation of softball field for Rock Spring Athletic $ 15,000 Association in Walker County

Walker County Purchase land and build memorial park for the families of $ 45,000 the Noble tragedy in Walker County

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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 $ 15,000 services to at-risk youth in Walton County

Walton County Purchase and install playground equipment at Matthews $ 5,000 Park in north Monroe

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 $ 5,000 Abused Women and Children in Ware County

Ware County

Acquire a building for the Thomas O. Zorn #70 Chapter $ 15,000 of the Disabled American Veterans in Waycross

Ware County

Improvements and additions to the Okefenokee Heritage $ 5,000 Center in Ware County

Ware County

Purchase equipment for the Dixie Union Volunteer Fire $ 5,000 and Rescue division of the Ware County Fire Department

Ware County Board of Education

Ware County Senior High Band trip to Thanksgiving Day $ 5,000 in Philadelphia

Warren County Purchase public safety equipment for Sheriff's $ 15,000 Department and fire personnel in Warren County

Warren County Purchase fire equipment for Warren County Fire $ 105,000 Department

THURSDAY, FEBRUARY 13, 2003

551

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 $ 5,000 Washington County Historical Society

Washington County

Capital improvements for the Washington County $ 10,000 Recreation Department

Wayne County Equipment for the Wayne County Volunteer Fire $ 10,000 Department

Wayne County Construction improvements at Ritch voting precinct in $ 5,000 Wayne County

Wheeler County Equipment for Wheeler County Recreation Department $ 5,000

Wheeler County Building materials for Springhill Fire Department in $ 5,000 Wheeler County

Wheeler County Renovations of the Wheeler County Senior Citizens $ 4,000 Center

Wheeler County Fire fighting equipment for Stuckey Fire Department in $ 5,000 Wheeler County

Wheeler County Construct a new recreation facility in Wheeler County $ 20,000

Wheeler/Telfair Planning and development money for Wheeler $ 5,000 Airport Authority County/Telfair Airport Authority

White County Refurbish athletic fields 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 $ 10,000 Government Whitfield County

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Wilcox County Purchase tanker truck for Cedar Creek Fire Department in $ 5,000 Wilcox County

Wilkes County Replace roof on Georgia State Patrol Post in Wilkes $ 10,000 County

Wilkes County Landscaping at Georgia State Patrol Post in Wilkes $ 3,000 County

Wilkes County Danburg Volunteer Fire Department building and $ 10,000 equipment in Wilkes County

Wilkinson County

Capital expenditures for the County/Gordon/Recreational Complex

Wilkinson $ 25,000

Worth County Improvements and repairs to Gordy and Redrock fire $ 15,000 station/voting precinct in Worth County

City of Atlanta To provide funds for the JOMANDI youth program

$ 75,000

Bibb County Board of Education

To provide funds for the Bibb County Board of Education $ 36,000 for Operating Expenses

Section 43. Provisions Relative to Section 8, Department of Community Health.
There is hereby appropriated to the Department of Community Health a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.
It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SFY 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

THURSDAY, FEBRUARY 13, 2003

553

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 $2,334.03. 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.
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

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Provided, the Department of Human Resources is authorized to make supplemental payments on these maximum monthly amounts up to the amount that is equal to the minimum hourly wage for clients who are enrolled in subsidized work experience and subsidized employment.
Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval.
Provided, that of the 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

THURSDAY, FEBRUARY 13, 2003

555

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 AAtlanta 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 AAtlanta 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

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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.
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.

THURSDAY, FEBRUARY 13, 2003

557

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 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

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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.
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 2002 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

THURSDAY, FEBRUARY 13, 2003

559

prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.
Section 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.

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Section 65. Provisions Relative to Section 39,

State of Georgia General Obligation Debt Sinking Fund.

Principal

Amount

A.) Maturities not to exceed two hundred forty

months.

Board of Regents, University of Georgia projects: $ 61,100,000 $

Construction and equipment for the Coverdell

Building at the University of Georgia - $8,600,000

Major repairs and renovations systemwide

$35,000,000

Various projects for the Georgia Research Alliance -

$17,500,000

Department of Technical and Adult Education $ 28,250,000 $

projects:

Construction of the Visual Communications building

at North Georgia Tech - $14,750,000

Predesign, design and construction of a specialized

Training center in Savannah - $12,700,000

Allied Health building at Southwest Georgia

Technical College - $800,000

Department of Natural Resources projects:

$ 7,225,000 $

Predesign, design, construction and equipment for

new building at the Coastal Regional Headquarters in

Brunswick - $2,525,000

Second year funding for restoration of the Hardman

Farm in White County - $2,000,000

Acquire inholdings and edgeholdings at existing parks

and historic sites - $2,000,000

Construct a bridge on the south end of Sapelo Island -

$200,000

Repairs and renovations to North Georgia lodges -

$500,000

Department of Transportation projects:

$ 36,500,000 $

Design of deepening the Brunswick Harbor

$1,500,000

Governor's Road Improvement Program - $35,000,000

Complete final phase of historic district revitalization $ 3,000,000 $

plan at the Jekyll Island Authority

Modify sleeping rooms for safety and suicide

$ 2,700,000 $

prevention for the Department of Juvenile Justice

Total Twenty Year Projects (New)

$ 138,775,000 $

Debt Service 5,315,700
2,457,750
628,575
3,175,500 261,000 234,900
12,073,425

THURSDAY, FEBRUARY 13, 2003

561

B.) Maturities not to exceed sixty months.

Board of Regents, University of Georgia projects: $

Renovations of the old Governor's Mansion at Georgia

College and State University - $4,000,000

Specialized research equipment for approved projects

for the Traditional Industries program - $900,000

Digital conversion of towers and transmitters at the $

Georgia Public Telecommunications Commission

Purchase equipment for the following Department of $

Technical and Adult Education projects:

Business Technology building at Athens Tech -

$650,000

Technology building at Appalachian Tech - $735,000

Allied Health and Information Technology building at

Northwestern Tech - $640,000

Classroom building at Chattachoochee Tech -

$2,035,000

Classroom building at Southwest Georgia Tech -

$1,175,000

Toccoa/Stephens County North Georgia Tech

$835,000

Campus expansion at Georgia Aviation Tech

$965,000

Telecom building at East Central Tech - $1,000,000

Camden County Campus of Coastal Georgia Tech -

$1,670,000

Replace obsolete equipment - $14,200,000

Specialized training center in Savannah - $2,400,000

Facility assessment and capital plan for the Warm $

Springs Institute

Predesign and design of the convention center at the $

Jekyll Island Authority

Total Five Year Projects (New)

$

4,900,000 $ 32,120,000 $ 26,305,000 $
100,000 $ 150,000 $ 63,575,000 $

1,122,100 7,355,480 6,023,845
22,900 34,350 14,558,675

Section 66. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 2003

$ 16,187,774,526

Section 67. This Act shall become effective upon its approval by the Governor or upon its
becoming law without his approval.

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Section 68. All laws and parts of laws in conflict with this Act are repealed.@
Section 2. This Act shall become effective upon its approval by the Governor or upon its
becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 121 designating Representative Skipper of the 116th as Chairman thereof.
The Speaker called the House to order.
The Committee of the Whole arose and through its Chairman reported HB 121 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.

The following amendment was read:

Representative Parsons of the 29th et al. move to amend the Committee substitute to HB 121 by (removing from) State funds for the Department of Community Affairs, Section 7, relating to State Fiscal Year 2003 the figure $75,000 and by (decreasing) the object classes as listed below:

Object Classes

Local Assistance Grants

$75,000

Total Funds State Funds

$75,000 $75,000

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

Y Amerson N Anderson N Ashe

Y Day Dean
N Deloach

Y Hill, C.A N Hill, V Y Hines

N Mobley N Moraitakis Y Morris

N Sims N Sinkfield N Skipper

THURSDAY, FEBRUARY 13, 2003

Y Bannister Y Barnard N Barnes N Beasley-Teague N Benfield N Birdsong N Black N Boggs N Bordeaux N Borders Y Bridges Y Brock N Brooks N Broome Y Brown N Bruce N Buck N Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers N Channell N Childers Y Coan Y Coleman, B Y Cooper Y Crawford N Cummings

Y Dix N Dodson Y Dollar N Dooley Y Douglas E Drenner N Dukes Y Ehrhart E Elrod N Epps Y Fleming N Floyd, H N Floyd, J
Fludd Y Forster Y Franklin N Gardner Y Golick Y Graves, D Y Graves, T N Greene N Greene-Johnson N Hanner Y Harbin Y Harper N Harrell Y Heard, J N Heard, K Y Heath N Heckstall N Hembree N Henson Y Hill, C

N Holmes Y Houston N Howard N Howell N Hudson N Hugley N Jackson N James N Jamieson N Jenkins Y Jones N Jordan Y Joyce Y Keen Y Knox N Lane Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning N Marin Y Martin Y Massey Y Maxwell N McBee
McCall N McClinton Y Millar Y Mills N Mitchell

N Mosby N Mosley Y Murphy, J N Murphy, Q N Noel N Oliver, B N Oliver, M Y O'Neal N Orrock N Parham N Parrish Y Parsons N Porter
Powell N Purcell Y Ralston N Randall N Ray N Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J N Roberts, L N Rogers, C Y Rogers, Ch. N Royal Y Rynders
Sailor Y Scott N Shaw Y Sheldon N Sholar

On the adoption of the amendment, the ayes were 69, nays 99. The amendment was lost.

563
E Smith, B Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre N Snow N Stanley-Turner N Stephens, E Y Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas, A N Thomas, A.M N Thompson N Twiggs N Walker, L Y Walker, R.L N Warren
Watson Y Westmoreland Y White Y Wilkinson
Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Coleman, Speaker

Representative Smith of the 76th was excused today due to family illness. He would like to be recorded as voting "aye" on the preceding roll call.

The following amendment was read:

Representative Parsons of the 29th et al. move to amend the Committee substitute to HB 121 by (removing from) State funds for the Department of Community Affairs, Section 7, relating to State Fiscal Year 2003 the figure $36,000 and by (decreasing) the object classes as listed below:

564
Object Classes Local Assistance Grants Total Funds State Funds

JOURNAL OF THE HOUSE

$36,000
$36,000 $36,000

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

Y Amerson N Anderson N Ashe Y Bannister N Barnard N Barnes N Beasley-Teague N Benfield N Birdsong N Black N Boggs N Bordeaux N Borders Y Bridges Y Brock N Brooks N Broome Y Brown N Bruce N Buck N Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers N Channell N Childers Y Coan Y Coleman, B Y Cooper Y Crawford N Cummings

Y Day Dean
N Deloach Y Dix N Dodson Y Dollar N Dooley Y Douglas E Drenner N Dukes Y Ehrhart E Elrod N Epps Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin N Gardner
Golick Y Graves, D Y Graves, T N Greene N Greene-Johnson N Hanner Y Harbin Y Harper N Harrell Y Heard, J N Heard, K Y Heath N Heckstall Y Hembree N Henson Y Hill, C

Y Hill, C.A N Hill, V Y Hines N Holmes Y Houston N Howard N Howell N Hudson N Hugley N Jackson N James N Jamieson N Jenkins Y Jones N Jordan Y Joyce Y Keen Y Knox N Lane Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning N Marin Y Martin Y Massey
Maxwell N McBee
McCall N McClinton Y Millar Y Mills N Mitchell

N Mobley N Moraitakis N Morris N Mosby N Mosley Y Murphy, J N Murphy, Q N Noel N Oliver, B N Oliver, M
O'Neal N Orrock N Parham N Parrish Y Parsons N Porter
Powell N Purcell Y Ralston N Randall N Ray N Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J N Roberts, L N Rogers, C Y Rogers, Ch. N Royal Y Rynders
Sailor Y Scott N Shaw Y Sheldon N Sholar

N Sims N Sinkfield N Skipper E Smith, B Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre N Snow N Stanley-Turner N Stephens, E Y Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas, A N Thomas, A.M N Thompson N Twiggs N Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Coleman, Speaker

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

THURSDAY, FEBRUARY 13, 2003

565

The amendment was lost.

Representative Smith of the 76th was excused today due to family illness. He would like to be recorded as voting "aye" on the preceding roll call.

The following amendment was read:

Representative Parsons of the 29th et al. move to amend the Committee substitute to HB 121 by (removing from) State funds for the Department of Natural Resources, Section 24, relating to State Fiscal Year 2003 the figure $500,000 and by (decreasing) the object classes as listed below:

Object Classes

Contracts

$500,000

Total Funds State Funds

$500,000 $500,000

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

Y Amerson N Anderson N Ashe Y Bannister N Barnard N Barnes N Beasley-Teague N Benfield N Birdsong N Black N Boggs N Bordeaux N Borders Y Bridges Y Brock N Brooks N Broome Y Brown N Bruce N Buck N Buckner, D Y Buckner, G

Y Day Dean
N Deloach Y Dix N Dodson Y Dollar N Dooley Y Douglas E Drenner N Dukes Y Ehrhart E Elrod N Epps Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin N Gardner Y Golick Y Graves, D

Y Hill, C.A N Hill, V Y Hines N Holmes N Houston N Howard N Howell N Hudson N Hugley N Jackson N James N Jamieson N Jenkins Y Jones N Jordan Y Joyce Y Keen Y Knox N Lane Y Lewis N Lord N Lucas

N Mobley N Moraitakis N Morris N Mosby N Mosley Y Murphy, J N Murphy, Q N Noel N Oliver, B N Oliver, M N O'Neal N Orrock N Parham N Parrish Y Parsons N Porter N Powell N Purcell Y Ralston N Randall N Ray N Reece, B

N Sims N Sinkfield N Skipper E Smith, B N Smith, L N Smith, P N Smith, T Y Smith, V N Smyre N Snow N Stanley-Turner N Stephens, E Y Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas, A N Thomas, A.M N Thompson N Twiggs

566
Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers N Channell N Childers Y Coan Y Coleman, B Y Cooper Y Crawford N Cummings

JOURNAL OF THE HOUSE

Y Graves, T N Greene N Greene-Johnson N Hanner Y Harbin Y Harper N Harrell Y Heard, J N Heard, K Y Heath N Heckstall N Hembree N Henson Y Hill, C

Y Lunsford N Maddox N Mangham N Manning N Marin Y Martin Y Massey N Maxwell N McBee N McCall N McClinton N Millar Y Mills N Mitchell

Y Reece, S Y Rice N Richardson Y Roberts, J N Roberts, L N Rogers, C Y Rogers, Ch. N Royal Y Rynders
Sailor Y Scott N Shaw Y Sheldon N Sholar

N Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 63, nays 111. The amendment was lost.

Representative Smith of the 76th was excused today due to family illness. He would like to be recorded as voting "aye" on the preceding roll call.

House of Representatives Legislative Office Building, Room 601
Atlanta, Georgia 30334

TO:

The Honorable Terry Coleman, Speaker of the House of Representatives

The Honorable Tom Buck, Chairman, House Appropriations

The Honorable Robert Rivers, Clerk, House of Representatives

FROM: Representative Gail Buckner

DATE: February 13, 2003

RE:

Supplemental Budget 2003 Vote

Dear Mr. Speaker, Chairman Buck and Clerk:

During the Supplemental Budget vote today, I was inadvertently recorded as voting yes for Representative Parson's amendment to the Supplemental Budget when I intended to vote "no".

THURSDAY, FEBRUARY 13, 2003

567

Please record my "no" vote in the House Journal. Thank you for assistance in this matter.
Very truly yours, /s/ Gail Buckner

The following amendment was read:

Representative Parsons of the 29th et al. move to amend the Committee substitute to HB 121 by (removing from) State funds for the Board of Regents, University System of Georgia, Section 29, relating to State Fiscal Year 2003 the figure $1,757,358 and by (decreasing) the object classes as listed below:

Object Classes

Austerity Adjustments

$1,757,358

Total Funds State Funds

$1,757,358 $1,757,358

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

Y Amerson N Anderson N Ashe Y Bannister N Barnard N Barnes N Beasley-Teague N Benfield N Birdsong N Black N Boggs N Bordeaux N Borders Y Bridges Y Brock N Brooks N Broome Y Brown N Bruce

Y Day Dean
N Deloach Y Dix N Dodson Y Dollar N Dooley Y Douglas E Drenner N Dukes Y Ehrhart E Elrod N Epps Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin

Y Hill, C.A N Hill, V Y Hines N Holmes N Houston N Howard N Howell N Hudson N Hugley N Jackson N James N Jamieson N Jenkins Y Jones N Jordan Y Joyce Y Keen Y Knox N Lane

N Mobley N Moraitakis N Morris N Mosby N Mosley Y Murphy, J N Murphy, Q N Noel N Oliver, B N Oliver, M N O'Neal N Orrock N Parham N Parrish Y Parsons N Porter N Powell N Purcell N Ralston

N Sims N Sinkfield N Skipper E Smith, B Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre N Snow N Stanley-Turner N Stephens, E Y Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas, A

568
N Buck N Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers N Channell N Childers Y Coan N Coleman, B Y Cooper N Crawford N Cummings

JOURNAL OF THE HOUSE

N Gardner Y Golick Y Graves, D Y Graves, T N Greene N Greene-Johnson N Hanner Y Harbin Y Harper N Harrell Y Heard, J N Heard, K N Heath N Heckstall Y Hembree N Henson Y Hill, C

Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning N Marin Y Martin Y Massey Y Maxwell N McBee N McCall N McClinton Y Millar Y Mills N Mitchell

N Randall N Ray N Reece, B N Reece, S Y Rice N Richardson N Roberts, J N Roberts, L N Rogers, C Y Rogers, Ch. N Royal Y Rynders
Sailor N Scott N Shaw Y Sheldon N Sholar

N Thomas, A.M N Thompson N Twiggs N Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 60, nays 114. The amendment was lost.

Representative Smith of the 76th was excused today due to family illness. He would like to be recorded as voting "aye" on the preceding roll call.

The following amendment was read:

Representative Parsons of the 29th et al. move to amend the Committee substitute to HB 121 by (removing from) State funds for the Board of Regents, University System of Georgia, Section 29, relating to State Fiscal Year 2003 the figure $516,250 and by (decreasing) the object classes as listed below:

Object Classes

Public Libraries Salaries and Operations

$516,250

Total Funds State Funds

$516,250 $516,250

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

THURSDAY, FEBRUARY 13, 2003

Y Amerson N Anderson N Ashe Y Bannister N Barnard N Barnes N Beasley-Teague N Benfield N Birdsong N Black N Boggs N Bordeaux N Borders Y Bridges Y Brock N Brooks N Broome Y Brown N Bruce N Buck N Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers N Channell N Childers Y Coan N Coleman, B Y Cooper Y Crawford N Cummings

Y Day Dean
N Deloach Y Dix N Dodson Y Dollar N Dooley Y Douglas E Drenner N Dukes Y Ehrhart E Elrod N Epps Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin N Gardner N Golick Y Graves, D Y Graves, T N Greene
Greene-Johnson N Hanner N Harbin Y Harper N Harrell Y Heard, J N Heard, K Y Heath N Heckstall N Hembree N Henson Y Hill, C

Y Hill, C.A N Hill, V Y Hines N Holmes N Houston N Howard N Howell
Hudson N Hugley N Jackson N James N Jamieson N Jenkins Y Jones N Jordan Y Joyce Y Keen Y Knox N Lane Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning N Marin Y Martin Y Massey Y Maxwell N McBee N McCall N McClinton Y Millar Y Mills N Mitchell

N Mobley N Moraitakis N Morris N Mosby N Mosley Y Murphy, J N Murphy, Q N Noel N Oliver, B N Oliver, M Y O'Neal N Orrock N Parham N Parrish Y Parsons N Porter N Powell N Purcell Y Ralston N Randall N Ray N Reece, B N Reece, S Y Rice N Richardson Y Roberts, J N Roberts, L
Rogers, C Y Rogers, Ch. N Royal Y Rynders
Sailor Y Scott N Shaw Y Sheldon N Sholar

569
N Sims Sinkfield
N Skipper E Smith, B Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre N Snow N Stanley-Turner N Stephens, E Y Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas, A N Thomas, A.M N Thompson N Twiggs N Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 63, nays 107. The amendment was lost.

Representative Smith of the 76th was excused today due to family illness. He would like to be recorded as voting "aye" on the preceding roll call.

The Committee substitute was adopted.

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

570

JOURNAL OF THE HOUSE

substitute, was agreed to.

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges N Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn N Burkhalter Y Burmeister Y Butler N Campbell Y Casas N Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper N Crawford Y Cummings

N Day Dean
Y Deloach N Dix Y Dodson Y Dollar Y Dooley Y Douglas E Drenner Y Dukes Y Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Gardner N Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner N Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson N Hill, C

Y Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins N Jones Y Jordan N Joyce Y Keen Y Knox Y Lane N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham Y Manning Y Marin N Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper E Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland N White Y Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 151, nays 23.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Smith of the 76th was excused today due to family illness. He would like to be recorded as voting "nay" on the preceding roll call.

THURSDAY, FEBRUARY 13, 2003

571

By unanimous consent, HB 121 was ordered immediately transmitted to the Senate.

My vote in regards to sub. HB 121 is cast with the understanding this includes "no new taxes." In the past decade there has nvever been as many cuts in spending as this budget contained.
State Representatives /s/ James Mills, District 67, Post 2 /s/ Mike Coan, District 67, Post 1

Representative Chip Rogers Explanation for Vote on HB 121
My decision to vote no on House Bill 121 is based on a belief that we have a responsibility to take whatever measures necessary to live within our means. It is a commonly used clich' but yes that is what Georgia families must do and so should we. The general assembly is authorized to spend forty days in session to pass a budget. I realize that time constraints make it difficult to do this. Yet the difficulty of the task should not be an excuse. Though I certainly respect the incredible efforts to make budget cuts, I do not believe we have been diligent enough to cut all government waste. The amendment votes for pork-barrel projects are proof that we have not done everything that we can do. We should continue to work on this budget until we find the necessary cuts to not require a tax increase. We are constitutionally required to balance the budget. I cannot in good conscience vote for legislation that could require a tax increase to meet our expenditures.

2/13/03
The "nea" vote I cast for HB 121 was due primarily to the lack of funding for Medicaid. Specifically, there was insufficient funds allocated for hospital-based nursing homes such as the one I represent in Gilmer County. Closure of this unit would have devastating effects on our community in terms of job loss and elderly care.
/s/ Jack White State Representative District 3, Post 2

The following Resolutions of the House were read and adopted:

572

JOURNAL OF THE HOUSE

HR 195. By Representative Ashe of the 42nd, Post 2:
A RESOLUTION commending Communities in Schools of Georgia, Inc.; and for other purposes.

HR 196. By Representatives Oliver of the 56th, Post 2, Dooley of the 33rd, Post 3, Willard of the 40th, Campbell of the 39th, Williams of the 61st, Post 2 and others:
A RESOLUTION commending Prevent Child Abuse Georgia and its 52 community based councils and recognizing Child Abuse Prevention Day at the state capitol; and for other purposes.

HR 197. By Representatives Wix of the 33rd, Post 1, Coleman of the 118th, Powell of the 23rd, Smyre of the 111th, Lucas of the 105th and others:
A RESOLUTION expressing regret at the passing of Milo Dakin; and for other purposes.

HR 198. By Representative Brooks of the 47th: A RESOLUTION honoring Mr. Curtis Jefferson; and for other purposes.

HR 199. By Representative Epps of the 90th:
A RESOLUTION honoring Mrs. Ocie Brittian on the occasion of Black History Month; and for other purposes.

HR 200. By Representatives Ray of the 108th and James of the 114th:
A RESOLUTION commending the Georgia Peach Festival; and for other purposes.

HR 201. By Representatives Fludd of the 48th, Post 4, Heckstall of the 48th, Post 3, Beasley-Teague of the 48th, Post 2 and Holmes of the 48th, Post 1:
A RESOLUTION expressing regret at the passing of Officer Christopher R.

THURSDAY, FEBRUARY 13, 2003

573

Betts; and for other purposes.

HR 202. By Representatives Fludd of the 48th, Post 4, Beasley-Teague of the 48th, Post 2, Holmes of the 48th, Post 1 and Heckstall of the 48th, Post 3:
A RESOLUTION commending Officer James M. Weinmann; and for other purposes.

HR 203. By Representatives Greene of the 134th, Coleman of the 118th, Skipper of the 116th, Orrock of the 51st, Shaw of the 143rd and others:
A RESOLUTION commending the Youth Assembly and Junior Youth Assembly programs of the State YMCA of Georgia; and for other purposes.

HR 204. By Representatives Hanner of the 133rd and Lane of the 101st:
A RESOLUTION commemorating the Keep Georgia Beautiful Program and its 64 local affiliates who serve 80 percent of the population of the State of Georgia; and for other purposes.

HR 205. By Representatives Greene-Johnson of the 60th, Post 3, Stephenson of the 60th, Post 1, Watson of the 60th, Post 2, Mobley of the 58th, Mangham of the 62nd and others:
A RESOLUTION commending the South DeKalb Neighborhood Coalition; and for other purposes.

HR 206. By Representative Floyd of the 132nd:
A RESOLUTION recognizing Warwick as the Grits Capital of Georgia and commending and recommending the Warwick Grits Festival; and for other purposes.

HR 207. By Representatives Buckner of the 82nd, Hill of the 81st, Barnes of the 84th, Post 2 and Dodson of the 84th, Post 1:
A RESOLUTION congratulating the Dixon Grove Baptist Church; and for

574

JOURNAL OF THE HOUSE

other purposes.

HR 208. By Representatives Holmes of the 48th, Post 1, Greene-Johnson of the 60th, Post 3, Smyre of the 111th, Reece of the 11th, Hugley of the 113th and others:
A RESOLUTION recognizing GAE Legislative Conference Day; and for other purposes.

HR 209. By Representative Roberts of the 135th:
A RESOLUTION commending the African Methodist Episcopal Church; and for other purposes.

HR 210. By Representatives Barnard of the 121st, Post 1 and Oliver of the 121st, Post 2:
A RESOLUTION supporting the Future Educators of America; and for other purposes.

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

HR 211. By Representatives Holmes of the 48th, Post 1, Dean of the 49th, Brooks of the 47th, Smyre of the 111th, Stanley-Turner of the 43rd, Post 2 and others:
A RESOLUTION commending Dr. Walter D. Broadnax and inviting him to appear before the House of Representatives; and for other purposes.

Representative Holmes of the 48th District, Post 1, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

THURSDAY, FEBRUARY 13, 2003

575

HB 25 Do Pass

Respectfully submitted, /s/ Holmes of the 48th, Post 1
Chairman

Representative Hanner of the 133rd District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 157 Do Pass HB 178 Do Pass HB 237 Do Pass, by Substitute

Respectfully submitted, /s/ Hanner of the 133rd
Chairman

Representative Smyre of the 111th 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 94 Do Pass HR 127 Do Pass HR 134 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

576

JOURNAL OF THE HOUSE

Representative Channell of the 77th District, Vice-Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 263 Do Pass HR 25 Do Pass

Respectfully submitted, /s/ Channell of the 77th
Vice-Chairman

Representative Royal of the 140th District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 189 Do Pass HB 287 Do Pass

Respectfully submitted, /s/ Royal of the 140th
Chairman

The Speaker announced the House in recess until 5:00 P.M., at which time the House will stand adjourned until 10:00 o'clock A.M. the next legislative day.

FRIDAY, FEBRUARY 14, 2003

577

Representative Hall, Atlanta, Georgia Friday, February 14, 2003

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. Billy Britt, Pastor, Hebron Baptist Church, Dacula, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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JOURNAL OF THE HOUSE

The following communication was received:

House of Representatives Legislative Office Building, Room 609
Atlanta, Georgia 30334
February 14, 2003

Robert E. Rivers, Jr., Clerk Clerk's Office 307 CAP
Dear Robbie:
I was unable to come in, due to illness. I'm requesting to be excused today, Friday, February 14, 2003.
Thanking you in advance.
Sincerely,
/s/ Ellis Ellis Black District 144

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

HB 385. By Representatives Ashe of the 42nd, Post 2, Ehrhart of the 28th, Shaw of the 143rd, Oliver of the 56th, Post 2, Jackson of the 124th, Post 1 and others:
A BILL to amend Chapter 5 of Title 18 of the Official Code of Georgia Annotated, relating to debt adjustment, so as to limit the maximum charge that may be imposed for the provision of debt adjustment services; to provide for exemptions from those provisions related to debt adjustment; to require persons engaged in the business of debt adjustment to obtain an annual audit of all accounts and to maintain a certain amount and type of insurance coverage; to provide for the disbursement of a debtor's funds within 30 days of receipt; and for other purposes.

FRIDAY, FEBRUARY 14, 2003

579

Referred to the Committee on Judiciary.

HB 386. By Representative Amerson of the 9th:
A BILL to amend an Act providing a new charter for the City of Lula, so as to provide for city council election districts; and for other purposes.

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

HB 387. By Representatives Mobley of the 58th and Mangham of the 62nd:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, so as to provide for the comprehensive revision of provisions regarding state estate tax; to provide for the continued application of such provisions; and for other purposes.

Referred to the Committee on Ways & Means.

HB 388. By Representatives Mobley of the 58th and Beasley-Teague of the 48th, Post 2:
A BILL to amend Part 1 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sale of petroleum products, so as to provide for retail gasoline dealers to post signs warning of the dangers which can be created by static electricity when refueling a motor vehicle; to provide for the Commissioner of Agriculture to develop standards and rules and regulations; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

HB 389. By Representatives Buckner of the 82nd, Dodson of the 84th, Post 1, Fludd of the 48th, Post 4, Mosby of the 59th, Post 3, Barnes of the 84th, Post 2 and others:
A BILL to amend Article 3 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to covenants and warranties affecting real

580

JOURNAL OF THE HOUSE

property, so as to provide that with respect to newly established residential subdivisions subject to restrictive covenants, all lots in the subdivision shall be subject to the same covenants; and for other purposes.

Referred to the Committee on Judiciary.

HB 390. By Representatives Buckner of the 82nd, Dodson of the 84th, Post 1, Rogers of the 15th and Barnes of the 84th, Post 2:
A BILL to amend Code Section 20-2-86 of the Official Code of Georgia Annotated, relating to school councils, so as to revise provisions relating to school councils; to provide that councils for new schools shall be established after one year of operation; to provide for staggered terms; to change the frequency of meeting for councils; to provide for a State of the School presentation; and for other purposes.

Referred to the Committee on Education.

HB 391. By Representatives Keen of the 146th, Mosley of the 129th, Post 1, Smith of the 129th, Post 2 and Williams of the 128th:
A BILL to amend an Act providing for the Board of Education of Glynn County, so as to change the composition of such board and abolish certain positions and create new positions; and for other purposes.

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

HB 392. By Representatives Sailor of the 61st, Post 1, Walker of the 115th, Watson of the 60th, Post 2, Mitchell of the 61st, Post 3 and Royal of the 140th:
A BILL to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize the consolidation, division, or merger of counties by intergovernmental agreement and referendum approval; to provide for legislative findings; to provide for the contents of such intergovernmental agreements; and for other purposes.

FRIDAY, FEBRUARY 14, 2003

581

Referred to the Committee on State Planning & Community Affairs.

HB 393. By Representatives Roberts of the 135th and Dukes of the 136th:
A BILL to amend Article 4 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to fair housing, so as to provide county and city fair housing authorities or commissions with subpoena power to investigate complaints related to discriminatory housing practices and to enforce federal, state, and local fair housing laws; and for other purposes.

Referred to the Committee on Judiciary.

HB 394. By Representatives Mosley of the 129th, Post 1, Oliver of the 121st, Post 2, Smith of the 129th, Post 2, Smith of the 13th, Post 2, Greene of the 134th and others:
A BILL to amend Code Section 47-2-99 of the Official Code of Georgia Annotated, relating to the applicability of creditable service in the Employees' Retirement System of Georgia for persons employed in a temporary full-time position, so as to provide that credit may be granted for service covered by Chapter 22 of Title 47, the Georgia Defined Contribution Plan; and for other purposes.

Referred to the Committee on Retirement.

HB 395. By Representatives Mosley of the 129th, Post 1, Smith of the 129th, Post 2, Williams of the 128th, Coleman of the 118th, Porter of the 119th and others:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to change the authority of attendance officers; to provide for duties of peace officers assigned to schools; and for other purposes.

Referred to the Committee on Education.

HB 396. By Representative James of the 114th:

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A BILL to amend an Act creating a new charter for the City of Reynolds, so as to provide for the compensation of the mayor and the council members; and for other purposes.

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

HB 397. By Representatives Barnes of the 84th, Post 2, Wix of the 33rd, Post 1, Hill of the 81st, Dodson of the 84th, Post 1 and Buckner of the 82nd:
A BILL to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide an affirmative defense for the unauthorized possession of firearms or other deadly weapons at public gatherings; to amend Part 2 of Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to transportation passenger safety, so as to provide for exceptions to certain prohibitions; and for other purposes.

2/13/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 397. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Barnes District 84, Post 2

Referred to the Committee on Special Judiciary.

HB 398. By Representatives Teper of the 42nd, Post 1, Golick of the 34th, Post 3 and Lucas of the 105th:
A BILL to amend Chapters 1 and 5 of Title 42 of the Official Code of Georgia Annotated, relating respectively to general provisions relative to penal institutions and to state and county correctional institutions, so as to authorize use of inmates as voluntary labor for privately owned profitmaking employers producing goods and services for sale to public and

FRIDAY, FEBRUARY 14, 2003

583

private purchasers; to provide for legislative findings, appropriate conditions and limitations, and rules and regulations; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 399. By Representative Greene of the 134th:
A BILL to provide a homestead exemption from Randolph County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 62 years of age or older; and for other purposes.

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

HB 400. By Representatives Gardner of the 42nd, Post 3, Oliver of the 56th, Post 2, Moraitakis of the 42nd, Post 4 and Benfield of the 56th, Post 1:
A BILL to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of trial proceedings, so as to provide for the circumstances which must exist and findings which must be made at the trial of a pro se defendant to allow the use of closed circuit television when questioning a child ten years of age or younger who has been a victim of certain crimes; and for other purposes.

Referred to the Committee on Judiciary.

HB 401. By Representatives Broome of the 141st, Post 2, Sholar of the 141st, Post 1, Morris of the 120th, Barnard of the 121st, Post 1, Black of the 144th and others:
A BILL to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to authorize the collection of certain submerged artifacts; and for other purposes.

Referred to the Committee on Governmental Affairs.

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HB 402. By Representatives Barnard of the 121st, Post 1 and Oliver of the 121st, Post 2:
A BILL to amend an Act creating a board of commissioners for Evans County, so as to change the description of the commissioner districts; and for other purposes.

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

HB 403. By Representatives Dodson of the 84th, Post 1, Barnes of the 84th, Post 2 and Buckner of the 82nd:
A BILL to provide for a homestead exemption from City of Lake City ad valorem taxes for municipal purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that city; and for other purposes.

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

HB 404. By Representative Orrock of the 51st:
A BILL to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide for preapproval of certain medical treatment or testing upon failure of an employer or its insurer to respond to a request for advance authorization within a specified period; to provide for notice to the State Board of Workers' Compensation of denial of recommended medical treatment or testing; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 405. By Representatives Buckner of the 82nd, Hill of the 147th, Dodson of the 84th, Post 1, Broome of the 141st, Post 2 and Barnes of the 84th, Post 2:
A BILL to amend Title 45 of the Official Code of Georgia Annotated, relating to the public officers and employees, so as to provide for an oath of an elected public officer of knowledge of ongoing residency requirements; to

FRIDAY, FEBRUARY 14, 2003

585

provide for a written affidavit evidencing such oath; to provide for forfeiture of moneys and payment of fines for violation of oath; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 406. By Representatives Buckner of the 82nd, Barnes of the 84th, Post 2, Dodson of the 84th, Post 1 and Hill of the 81st:
A BILL to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the compulsory school attendance law, so as to change the penalties applicable to a parent, guardian, or other person having control of a child who fails to enroll and send such child to school; to provide that attendance at a public school includes attending certain classes prescribed to improve the performance of a student; and for other purposes.

Referred to the Committee on Education.

HB 407. By Representatives Buckner of the 82nd, Dodson of the 84th, Post 1 and Barnes of the 84th, Post 2:
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 a division of school board mediation; to provide for duties of such division; to provide for requests for mediation, review of practices and history, letters of recommendations, and rules and regulations; and for other purposes.

Referred to the Committee on Education.

HB 408. By Representatives Buckner of the 82nd, Dodson of the 84th, Post 1 and Barnes of the 84th, Post 2:
A BILL to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to provide that the general election for nonjudicial offices elected on a nonpartisan basis shall be held at the time of the November general election in each even-

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numbered year; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 409. By Representatives Powell of the 23rd, Westmoreland of the 86th, BeasleyTeague of the 48th, Post 2, DeLoach of the 127th, Teper of the 42nd, Post 1 and others:
A BILL to amend Code Section 50-5-69 of the Official Code of Georgia Annotated, relating to establishment of a central bid registry, so as to provide that the Department of Administrative Services shall provide for the advertisement of bid opportunities valued at $10,000.00 or more via the Georgia Procurement Registry by a municipality, county, or local board of education without cost to such local government or board of education; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 410. By Representatives Buckner of the 82nd, Dodson of the 84th, Post 1, Barnes of the 84th, Post 2 and Hill of the 81st:
A BILL to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide for definitions; to provide for rules and regulations defining construction requirements for new housing to be certified as environmentally sound; to provide for advertisement as certified; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 411. By Representatives Day of the 126th, Snow of the 1st, Stephens of the 123rd and Roberts of the 131st:
A BILL to amend Code Section 38-3-51 of the Official Code of Georgia Annotated, relating to the emergency powers of the Governor, so as to repeal the Governor's power to suspend or limit the sale, dispensing or transportation of firearms in emergencies; and for other purposes.

FRIDAY, FEBRUARY 14, 2003

587

Referred to the Committee on Public Safety.

HB 412. By Representative Teper of the 42nd, Post 1:
A BILL to provide for legislative findings; 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 rules and regulations to help protect students against injury from carrying textbooks of excessive weight; to authorize a curriculum to teach students on methods of lifting safely; and for other purposes.

Referred to the Committee on Education.

HB 413. By Representatives Burkhalter of the 36th and Graves of the 106th:
A BILL to amend Code Section 12-2-4 of the Official Code of Georgia Annotated, relating to powers and duties of the Dept. of Natural Resources, so as to provide for processing of applications for certification of certain conservation use property for ad valorem tax purposes; to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for preferential assessment of bona fide conservation use property consisting of certain constructed storm water wetlands; to change certain provisions relating to bona fide conservation use property and bona fide residential transitional property; and for other purposes.

Referred to the Committee on Ways & Means.

HR 212. By Representative Dukes of the 136th:
A RESOLUTION designating the Charles F. Hatcher Highway; and for other purposes.

Mr. Clerk:

2/13/2003

588

JOURNAL OF THE HOUSE

Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 212. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Dukes District 136

Referred to the Committee on Transportation.

HR 213. By Representatives Stephens of the 123rd and Purcell of the 122nd:
A RESOLUTION designating the Sonny Dixon Interchange; and for other purposes.

2/13/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 213. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Stephens District 123

Referred to the Committee on Transportation.

HR 214. By Representatives Heckstall of the 48th, Post 3, Holmes of the 48th, Post 1, Ashe of the 42nd, Post 2, Hill of the 81st, Bunn of the 63rd and others:
A RESOLUTION amending the Rules of the House of Representatives; and for other purposes.

Referred to the Committee on Rules.

By unanimous consent, the following Bills of the House and Senate were read the

FRIDAY, FEBRUARY 14, 2003

589

second time:

HB 366 HB 367 HB 368 HB 369 HB 370 HB 371 HB 372 HB 373 HB 374 HB 375 HB 376 HB 377

HB 378 HB 379 HB 380 HB 381 HB 382 HB 383 HB 384 SB 12 SB 53 SB 73 SB 83

Pursuant to Rule 52, Representative Birdsong of the 104th moved that the following Bill of the House be engrossed:

HB 383. By Representatives Birdsong of the 104th, Royal of the 140th, Smyre of the 111th, Porter of the 119th, Buck of the 112th and others:
A BILL to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to provide that military income received by a member of the national guard or any reserve component of the armed services of the United States stationed in a combat zone as a result of military orders shall not be subject to state income tax; and for other purposes.

The motion prevailed.

Representative Smyre of the 111th 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:

590
HR 150 Do Pass HR 173 Do Pass

JOURNAL OF THE HOUSE

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 344 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

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

HOUSE RULES CALENDAR FRIDAY, FEBRUARY 14, 2003

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 17th Legislative Day as enumerated below:

HB 45 HB 54 HB 87 HB 225

Commission on Men's Health; presiding officer; term Eye bank operators; amend provisions Bingo; fee for conducting games; increase World Congress Center Overview Committee; additional members

FRIDAY, FEBRUARY 14, 2003

591

Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Smyre of the 111th
Chairman

By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:

HB 344. By Representative Porter of the 119th:
A BILL to amend an Act reconstituting the Board of Education of the City of Dublin, so as to change the provisions relating to per diem compensation of 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.
On the passage of the Bill, the ayes were 100, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

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

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 27. By Senators Hamrick of the 30th, Price of the 56th, Johnson of the 1st, Meyer von Bremen of the 12th, Golden of the 8th and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 15 of the O.C.G.A., relating to trial juries, so as to provide the state and the accused with same number of peremptory challenges in misdemeanor, felony, and death penalty cases, and in challenging alternate jurors; to provide the manner

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in which peremptory challenges are made; to change the size of the jury panel in felony and death penalty cases; to provide the manner in which the number of alternative jurors is determined; to amend Code Section 17-8-4 of the O.C.G.A., relating to the procedure for trial of jointly indicted defendants and other matters relating to jointly indicted defendants; to repeal conflicting laws; and for other purposes.
SB 31. By Senators Stephens of the 51st, Lee of the 29th and Crotts of the 17th:
A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, and Title 42 of the O.C.G.A., relating to penal institutions, so as to provide for ethics reforms; to change provisions relative to the State Ethics Commission; to change provisions relative to disposition of campaign contributions; to provide for limitations relative to appearances before the Board of Corrections or the Department of Corrections by members of the General Assembly or state elected or appointed officials; to provide for criminal penalties; to change provisions relative to acceptance of campaign contributions during legislative sessions; to repeal conflicting laws; and for other purposes.
SB 91. By Senators Stephens of the 51st, Lee of the 29th, Price of the 56th, Hamrick of the 30th, Johnson of the 1st and others:
A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, and Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to specify requirements applicable to legislative and congressional reapportionment; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House substitute to the following resolution of the Senate:
SR 110. By Senators Johnson of the 1st, Price of the 56th, Hill of the 4th and Meyer von Bremen of the 12th:
A RESOLUTION relative to adjournment; and for other purposes.

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

FRIDAY, FEBRUARY 14, 2003

593

SB 27.

By Senators Hamrick of the 30th, Price of the 56th, Johnson of the 1st, Meyer von Bremen of the 12th, Golden of the 8th and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 15 of the O.C.G.A., relating to trial juries, so as to provide the state and the accused with same number of peremptory challenges in misdemeanor, felony, and death penalty cases, and in challenging alternate jurors; to provide the manner in which peremptory challenges are made; to change the size of the jury panel in felony and death penalty cases; to provide the manner in which the number of alternative jurors is determined; to amend Code Section 17-8-4 of the O.C.G.A., relating to the procedure for trial of jointly indicted defendants and other matters relating to jointly indicted defendants; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 31.

By Senators Stephens of the 51st, Lee of the 29th and Crotts of the 17th:
A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, and Title 42 of the O.C.G.A., relating to penal institutions, so as to provide for ethics reforms; to change provisions relative to the State Ethics Commission; to change provisions relative to disposition of campaign contributions; to provide for limitations relative to appearances before the Board of Corrections or the Department of Corrections by members of the General Assembly or state elected or appointed officials; to provide for criminal penalties; to change provisions relative to acceptance of campaign contributions during legislative sessions; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 91.

By Senators Stephens of the 51st, Lee of the 29th, Price of the 56th, Hamrick of the 30th, Johnson of the 1st and others:
A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, and Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to specify requirements applicable to legislative and congressional reapportionment; to provide for related matters; to provide an effective date; to repeal conflicting

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laws; and for other purposes.

Referred to the Committee on Legislative and Congressional Reapportionment.

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

HR 94.

By Representatives Dollar of the 31st and Parsons of the 29th:
A RESOLUTION commending the Pope High School Lady Greyhounds soccer team and inviting the coaches and players of the Pope High School Lady Greyhounds soccer team to appear before the House of Representatives; and for other purposes.

HR 127. By Representatives Hugley of the 113th, Thomas of the 33rd, Post 2, Randall of the 107th, Smyre of the 111th, Epps of the 90th and others:
A RESOLUTION recognizing Alpha Kappa Alpha Day at the Capitol on February 17, 2003, and inviting the Regional Connection Coordinator, Marjorie Young, to appear before the House of Representatives; and for other purposes.

HR 134. By Representatives Dollar of the 31st and Parsons of the 29th:
A RESOLUTION commending the Pope High School slow pitch softball team and inviting the team and its coaches to appear before the House of Representatives; and for other purposes.

HR 150. By Representative Floyd of the 132nd:
A RESOLUTION recognizing the Cordele-Crisp County Fish Fry and commending Mr. Ferrell Henry, Mr. Don Tucker, Mr. Gene Ford, Mr. Jimmy Black, and Mr. Troy Pullin and inviting the cooking team to appear before the House of Representatives; and for other purposes.

Under the general order of business, established by the Committee on Rules, the

FRIDAY, FEBRUARY 14, 2003

595

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

HB 225. By Representatives Coleman of the 118th, Parrish of the 102nd and Burkhalter of the 36th:
A BILL to amend Article 2 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the Geo. L. Smith II Georgia World Congress Center Authority Overview Committee, so as to change certain provisions relating to the creation, composition, officers, and duties of the committee; and for other purposes.

The following amendment was read:

Representative Walker of the 71st, Post 1 moves to amend HB 225 as follows:
Page 1, line 15, after "Representatives" insert: ", three of whom shall be members of the majority party and two of whom shall be members of the minority party,".

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

Y Amerson N Anderson E Ashe Y Bannister Y Barnard N Barnes N Beasley-Teague N Benfield N Birdsong N Black N Boggs N Bordeaux N Borders Y Bridges Y Brock N Brooks N Broome Y Brown N Bruce N Buck N Buckner, D N Buckner, G Y Bunn

Day N Dean N Deloach
Dix N Dodson
Dollar N Dooley Y Douglas N Drenner Y Dukes
Ehrhart E Elrod N Epps Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin N Gardner Y Golick
Graves, D Y Graves, T

N Hill, C.A N Hill, V Y Hines N Holmes N Houston N Howard N Howell E Hudson N Hugley N Jackson N James N Jamieson N Jenkins Y Jones N Jordan Y Joyce E Keen Y Knox
Lane Y Lewis Y Lord N Lucas Y Lunsford

N Mobley N Moraitakis N Morris N Mosby N Mosley Y Murphy, J N Murphy, Q N Noel N Oliver, B N Oliver, M Y O'Neal N Orrock N Parham N Parrish E Parsons N Porter N Powell N Purcell Y Ralston N Randall E Ray N Reece, B Y Reece, S

N Sims N Sinkfield N Skipper Y Smith, B Y Smith, L
Smith, P N Smith, T Y Smith, V N Smyre N Snow N Stanley-Turner N Stephens, E
Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas, A N Thomas, A.M N Thompson N Twiggs N Walker, L

596
Y Burkhalter E Burmeister Y Butler Y Campbell Y Casas Y Chambers N Channell N Childers Y Coan Y Coleman, B Y Cooper Y Crawford N Cummings

JOURNAL OF THE HOUSE

N Greene E Greene-Johnson N Hanner Y Harbin Y Harper N Harrell Y Heard, J N Heard, K Y Heath
Heckstall Y Hembree N Henson Y Hill, C

N Maddox N Mangham Y Manning N Marin Y Martin
Massey Y Maxwell N McBee N McCall N McClinton Y Millar Y Mills N Mitchell

E Rice Y Richardson Y Roberts, J N Roberts, L N Rogers, C Y Rogers, Ch. N Royal Y Rynders
Sailor Y Scott N Shaw Y Sheldon N Sholar

On the adoption of the amendment, the ayes were 61, nays 98. The amendment was lost.

Y Walker, R.L N Warren N Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Coleman, Speaker

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

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

N Amerson Y Anderson E Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter E Burmeister Y Butler Y Campbell Y Casas

Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley N Douglas Y Drenner Y Dukes
Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene E Greene-Johnson Y Hanner Y Harbin Y Harper

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell E Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan N Joyce E Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall E Ray Y Reece, B Y Reece, S E Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L N Walker, R.L Y Warren Y Watson Y Westmoreland Y White

Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

FRIDAY, FEBRUARY 14, 2003

Y Harrell N Heard, J Y Heard, K Y Heath
Heckstall Y Hembree Y Henson Y Hill, C

Y Massey Y Maxwell Y McBee Y McCall Y McClinton N Millar Y Mills Y Mitchell

Y Rogers, Ch. Y Royal N Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

597
Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 155, nays 11. The Bill, having received the requisite constitutional majority, was passed.

HB 45.

By Representative Childers of the 13th, Post 1:
A BILL to amend Code Section 31-43-8 of the Official Code of Georgia Annotated, relating to selection of the presiding officer of the Commission on Men's Health, so as to change the length of term of office of such presiding officer; and for other purposes.

The following amendment was read:

Representative Joyce of the 2nd moves to amend HB 45 by inserting on line 3 of page 1, following the word and symbol "officer;", the following:
"to provide that such commission shall terminate on June 30, 2003;"
By inserting immediately following line 14 of page 1 the following:
"SECTION 1.1. Said Code section is further amended by inserting at the end thereof the following:
'(c) Any other provision of this chapter to the contrary notwithstanding, the commission shall be dissolved and this chapter shall be repealed on June 30, 2003.'"

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

N Amerson N Anderson E Ashe Y Bannister

Day Dean N Deloach N Dix

N Hill, C.A N Hill, V Y Hines N Holmes

N Mobley N Moraitakis N Morris N Mosby

N Sims N Sinkfield N Skipper N Smith, B

598

JOURNAL OF THE HOUSE

N Barnard N Barnes N Beasley-Teague N Benfield N Birdsong N Black N Boggs N Bordeaux N Borders Y Bridges Y Brock N Brooks N Broome Y Brown N Bruce N Buck N Buckner, D N Buckner, G
Bunn N Burkhalter E Burmeister Y Butler N Campbell Y Casas Y Chambers N Channell N Childers Y Coan N Coleman, B N Cooper N Crawford N Cummings

N Dodson Y Dollar N Dooley Y Douglas N Drenner Y Dukes Y Ehrhart E Elrod N Epps Y Fleming N Floyd, H N Floyd, J
Fludd Forster Y Franklin N Gardner N Golick Graves, D Y Graves, T N Greene E Greene-Johnson N Hanner N Harbin Y Harper N Harrell Y Heard, J N Heard, K Y Heath Heckstall N Hembree N Henson Y Hill, C

N Houston N Howard N Howell E Hudson N Hugley N Jackson N James N Jamieson N Jenkins N Jones N Jordan Y Joyce E Keen Y Knox N Lane N Lewis
Lord N Lucas Y Lunsford N Maddox N Mangham
Manning N Marin N Martin Y Massey Y Maxwell N McBee
McCall N McClinton N Millar Y Mills N Mitchell

N Mosley Y Murphy, J N Murphy, Q
Noel N Oliver, B N Oliver, M N O'Neal N Orrock N Parham N Parrish E Parsons N Porter N Powell
Purcell Y Ralston N Randall E Ray N Reece, B N Reece, S E Rice N Richardson
Roberts, J N Roberts, L N Rogers, C Y Rogers, Ch. N Royal Y Rynders N Sailor Y Scott N Shaw Y Sheldon N Sholar

Smith, L N Smith, P N Smith, T Y Smith, V N Smyre N Snow N Stanley-Turner N Stephens, E
Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas, A N Thomas, A.M N Thompson N Twiggs N Walker, L N Walker, R.L N Warren N Watson Y Westmoreland Y White Y Wilkinson N Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 38, nays 117. The amendment was lost.

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

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

Y Amerson Y Anderson E Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong

Day Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley N Douglas Y Drenner

Y Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell E Hudson Y Hugley

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre

Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter E Burmeister Y Butler Y Campbell Y Casas N Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

FRIDAY, FEBRUARY 14, 2003

Y Dukes Ehrhart
E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene E Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Heath Heckstall Y Hembree Y Henson Y Hill, C

Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan N Joyce E Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin N Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall E Ray Y Reece, B Y Reece, S E Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

599
Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 153, nays 7. The Bill, having received the requisite constitutional majority, was passed.

HB 54.

By Representative Childers of the 13th, Post 1:
A BILL to amend Chapter 23 of Title 31 of the Official Code of Georgia Annotated, relating to eye banks, so as to change the provisions regarding who may operate eye banks; and for other purposes.

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

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

Y Amerson Y Anderson E Ashe Y Bannister

Day Dean Y Deloach Y Dix

Y Hill, C.A Y Hill, V Y Hines Y Holmes

Y Mobley Y Moraitakis Y Morris Y Mosby

Y Sims Y Sinkfield Y Skipper Y Smith, B

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Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong
Black Y Boggs Y Bordeaux
Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter E Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Gardner Y Golick Graves, D Y Graves, T Y Greene E Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Heckstall Y Hembree Y Henson Y Hill, C

Y Houston Y Howard Y Howell E Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan N Joyce E Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall E Ray Y Reece, B Y Reece, S E Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 160, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 87.

By Representative Buck of the 112th:
A BILL to amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to rules and regulations regarding bingo, so as to increase the amount of money that may be paid to individuals assisting in the conduct of bingo games; to increase the number of organizations in which a person is authorized to participate in the bingo operations thereof; and for other purposes.

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

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601

agreed to.

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

Y Amerson Y Anderson E Ashe Y Bannister Y Barnard
Barnes Y Beasley-Teague Y Benfield Y Birdsong
Black Y Boggs Y Bordeaux
Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter E Burmeister N Butler Y Campbell N Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B
Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley N Douglas Y Drenner
Dukes Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Graves, D Y Graves, T Y Greene E Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell N Heard, J Y Heard, K N Heath Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell E Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce E Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall E Ray
Reece, B Y Reece, S E Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 153, nays 6. The Bill, having received the requisite constitutional majority, was passed.

Representatives Heckstall of the 48th, Post 2 and Mangham of the 62nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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The following Resolutions of the House were read and adopted:

HR 215. By Representatives Ashe of the 42nd, Post 2, Gardner of the 42nd, Post 3, Teper of the 42nd, Post 1 and Moraitakis of the 42nd, Post 4:
A RESOLUTION recognizing the 50th wedding anniversary of Sam and Doris Massell; and for other purposes.

HR 217. By Representatives Scott of the 138th, Roberts of the 131st and Houston of the 139th:
A RESOLUTION commending the 2002-2003 Tiftarea Academy Panthers football team and its coaches and athletic director; and for other purposes.

HR 218. By Representative O`Neal of the 117th:
A RESOLUTION recognizing and commending Virginia E. Abbott; and for other purposes.

HR 219. By Representative Noel of the 44th:
A RESOLUTION recognizing the 25th anniversary of the saving of the Fox Theatre and commending the City of Atlanta in connection therewith; and for other purposes.

HR 220. By Representatives Roberts of the 131st, Crawford of the 91st, Coleman of the 118th, Greene of the 134th and Ray of the 108th:
A RESOLUTION commending Joel McKie as the Southern Region Vice President of the National Future Farmers of America; and for other purposes.

HR 221. By Representatives Wilkinson of the 41st and Rynders of the 137th:
A RESOLUTION expressing regret at the passing of Camilla Moore Merts; and for other purposes.

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603

HR 222. By Representatives Roberts of the 131st, Black of the 144th, James of the 114th and Ray of the 108th:
A RESOLUTION commending the Georgia Agri-Leaders Forum Foundation, Inc., and recognizing Georgia Agri-Leaders Forum Appreciation Day on February 25, 2003; and for other purposes.

HR 223. By Representatives Floyd of the 69th, Post 2, Thompson of the 69th, Post 1, Marin of the 66th and Heard of the 70th, Post 3:
A RESOLUTION commending Neil Hytowitz; and for other purposes.

HR 224. By Representatives Bannister of the 70th, Post 1, Dix of the 70th, Post 2, Sheldon of the 71st, Post 2 and Heard of the 70th, Post 3:
A RESOLUTION commending the Parkview High School Panthers football team; and for other purposes.

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

HR 216. By Representatives Bannister of the 70th, Post 1, Dix of the 70th, Post 2, Sheldon of the 71st, Post 2 and Heard of the 70th, Post 3:
A RESOLUTION inviting the coaches and players of the Parkview High School Panthers football team to appear before the House of Representatives; and for other purposes.

Representative Smyre of the 111th 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 177 Do Pass

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Respectfully submitted, /s/ Smyre of the 111th
Chairman

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

HR 177. By Representatives Hugley of the 113th, Buckner of the 109th, Buck of the 112th, Smyre of the 111th and Smith of the 110th:
A RESOLUTION commending the Muscogee County School District mentoring program "ON TRACK" and inviting representatives of the program, schools, and mentor organizations to appear before the House of Representatives; and for other purposes.

Representative Skipper of the 116th moved that the House do now adjourn until 10:00 o'clock A.M., Monday, February 17, 2003 and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock A.M., Monday, February 17, 2003.

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605

Representative Hall, Atlanta, Georgia Monday, February 17, 2003

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

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

Amerson Ashe Bannister Barnard Barnes Benfield Birdsong Boggs Borders Bridges Brock Brooks Broome Buck Buckner, D Bunn Burkhalter Burmeister Butler Campbell Casas Chambers Channell Childers Coan Coleman, B Cooper Crawford

Cummings Day E Dean Deloach Dodson Dollar Dooley Douglas Drenner Dukes Ehrhart E Elrod Epps Fleming Floyd, H Floyd, J Forster Franklin Gardner Golick Graves, T Greene Greene-Johnson Hanner Harbin Harper Heard, J Heath

Hembree Henson Hill, C Hill, C.A Hill, V Hines Houston Howell E Hudson Hugley E Jackson Jamieson Jones Jordan Joyce Keen Knox Lane Lewis Lord Lucas Manning Marin Martin Massey Maxwell McBee McCall

Millar Mitchell Moraitakis Mosley Murphy, J Noel Oliver, B O'Neal Orrock Parrish Parsons Porter Powell Purcell Ralston Randall Ray Reece, B Reece, S Rice Richardson Roberts, J E Roberts, L Rogers, C Rogers, Ch. Royal Rynders

Scott Shaw Sheldon Sholar Skipper Smith, B Smith, P Smith, T Smith, V Stephens, E E Stephens, R Stokes Stoner Teper Thomas, A Thompson Twiggs Walker, L Walker, R.L Warren Westmoreland White Wilkinson Willard Williams, R Wix Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Anderson of the 100th, Beasley-Teague of the 48th, Post 2, Black of the 144th, Bordeaux of the 125th, Brown of the 89th, Bruce of the 45th, Fludd of the 48th, Post 4, Graves of the 106th, Harrell of the 54th, Heard of the 75th, Heckstall of the 48th, Post 3, Holmes of the 48th, Post 1, Howard of the 98th, James of the 114th, Jenkins of the 93rd, Lunsford of the 85th, Post 2, Mangham of the 62nd, Mills of the 67th, Post 2, Mobley of the 58th, Morris of the 120th, Mosby of the 59th, Post 3, Murphy of the 97th, Parham of the 94th, Sims of the 130th, Sinkfield of the 50th, Smith of the 87th, StanleyTurner of the 43rd, Post 2, Stephenson of the 60th, Post 1, Teilhet of the 34th, Post 2,

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Thomas of the 43rd, Post 1, Watson of the 60th, Post 2, Williams of the 128th, and Yates of the 85th, Post 1.
They wish to be recorded as present.

Prayer was offered by the Rev. Eric Youngblood, Pastor, Rock Creek Fellowship Church, Lookout Mountain, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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

HB 414. By Representative Jenkins of the 93rd:

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607

A BILL to amend Article 6 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demurrers, motions, and special pleas and exceptions, so as to create time limits for filing pretrial motions; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 415. By Representatives Snow of the 1st, Boggs of the 145th, Day of the 126th, Jenkins of the 93rd, Hill of the 81st and others:
A BILL to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to provide that engaging in specified businesses shall be a violation of a sheriff's oath of office; and for other purposes.

Referred to the Committee on Public Safety.

HB 416. By Representatives Barnard of the 121st, Post 1 and Oliver of the 121st, Post 2:
A BILL to amend an Act providing for the composition of the Board of Education for Evans 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 417. By Representatives Smith of the 76th, Burkhalter of the 36th, Graves of the 106th, Westmoreland of the 86th, Harbin of the 80th and others:
A BILL to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to provide for appeals from certain awards of attorney's fees or expenses of litigation; to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court and litigation costs in civil actions, so as to provide for recovery of costs and attorney's fees by certain prevailing parties who made offers or demands of judgments in tort actions; to amend Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to damages in tort

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actions; and for other purposes.

Referred to the Committee on Judiciary.

HB 418. By Representative Mobley of the 58th:
A BILL to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide that no convenience store shall be operated in this state unless installed therein for use at all times by each employee operating a cash register is a secured safety enclosure of transparent polycarbonate or other material that meets certain standards; and for other purposes.

Referred to the Committee on Economic Development and Tourism.

HB 419. By Representative Greene of the 134th:
A BILL to amend an Act providing a new charter for the City of Colquitt, so as to change the provisions regarding vacancies and the city manager; and for other purposes.

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

HB 420. By Representatives Greene of the 134th, Morris of the 120th and Smith of the 13th, Post 2:
A BILL to amend Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to jurisdiction of the Department of Corrections over certain offenders, designation of the place of confinement, reimbursement of counties, and transfer of inmates to federal authority, so as to change the provisions relating to the reimbursement of counties by the Department of Corrections; to provide for the reimbursement of counties by the Board of Pardons and Paroles; and for other purposes.

Referred to the Committee on State Institutions & Property.

MONDAY, FEBRUARY 17, 2003

609

HB 421. By Representatives Powell of the 23rd and Parham of the 94th:
A BILL to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident reparations, so as to provide for notification to a vehicle lienholder when an insurer makes a payment to cover damages to the insured's vehicle; and for other purposes.

Referred to the Committee on Insurance.

HB 422. By Representatives Richardson of the 26th, O`Neal of the 117th, Royal of the 140th, Parrish of the 102nd and Stephens of the 123rd:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit with respect to certain business enterprises creating certain full-time employee jobs; and for other purposes.

Referred to the Committee on Ways & Means.

HB 423. By Representatives Howell of the 92nd, Lunsford of the 85th, Post 2 and Yates of the 85th, Post 1:
A BILL to amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to the disposition of municipal property generally, so as to provide that a municipal corporation may lease municipal property for up to 20 years to a nonprofit corporation for certain purposes related to recreation; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 424. By Representatives Porter of the 119th, McBee of the 74th, Gardner of the 42nd, Post 3, Howell of the 92nd and Borders of the 142nd:
A BILL to amend Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers and employees, so as to provide that deductions are authorized for the purpose of contributing to

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savings trust accounts established under the Georgia Higher Education Savings Plan; and for other purposes.

Referred to the Committee on Higher Education.

HB 425. By Representatives Ray of the 108th, Royal of the 140th and Floyd of the 132nd:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of liquefied petroleum gas or other fuel used for certain swine raising purposes; and for other purposes.

2/14/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 425. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Ray District 108

Referred to the Committee on Ways & Means.

HB 426. By Representatives Powell of the 23rd, Parham of the 94th, Dooley of the 33rd, Post 3, DeLoach of the 127th and Porter of the 119th:
A BILL to amend Code Section 47-2-223 of the Official Code of Georgia Annotated, relating to retirement benefits under the Employees' Retirement System of Georgia for those in service in the Uniform Division of the Department of Public Safety, so as to provide that certain members of such retirement system engaged in law enforcement may elect to pay an additional employee contribution to such retirement system; to provide that any such person may retire at age 55 or after attaining at least 25 years of creditable service and receive an enhanced retirement benefit; and for other purposes.

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611

Referred to the Committee on Retirement.

HB 427. By Representatives Powell of the 23rd, DeLoach of the 127th, Boggs of the 145th and Stoner of the 34th, Post 1:
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 authorize the Secretary of State to develop, program, and build ballots for use by counties and municipalities using direct recording electronic (DRE) voting systems; to require election superintendents to complete a certification program; to repeal the provisions of law establishing the Twenty-first Century Voting Commission and the pilot projects for electronic voting; to amend Code Section 50-12-101 of the Official Code of Georgia Annotated, relating to assignment of numbers by board to proposed constitutional amendments and Constitutions; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 428. By Representatives Borders of the 142nd, O`Neal of the 117th, McBee of the 74th, Jenkins of the 93rd and Stephens of the 123rd:
A BILL to amend Article 1 of Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to general provisions relative to the administration of mental health, mental retardation, substance abuse, and other disability services, so as to establish an Intellectually Disabled Health and Fitness Program Fund for state-wide health and fitness programs for the intellectually disabled provided solely by Special Olympics Georgia and to provide for a program for the purpose of providing direct aid to adults with intellectual and other developmental disabilities who need financial assistance in establishing an independent residence; 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; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 429. By Representatives Bordeaux of the 125th, Bannister of the 70th, Post 1 and Ralston of the 6th:

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A BILL to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to delete the requirement that notice to nonresident parties be sent by certified mail; to change procedures regarding an employee's cooperation with authorized medical treatment; to provide that the granting or denial of social security disability creates no presumption in the determination of whether or not a case is deemed to be catastrophic; to provide time limitations on the submission of medical bills; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 430. By Representatives Heckstall of the 48th, Post 3, Jackson of the 124th, Post 1, Roberts of the 135th, Sailor of the 61st, Post 1, Bunn of the 63rd and others:
A BILL to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to include within those acts which constitute the practice of dentistry the making, fitting, or adjusting of any cap, prosthesis, or cosmetic covering for a human tooth or teeth unless such cap, prosthesis, or cosmetic covering is ordered by and returned to a licensed dentist; to authorize any local law enforcement officer to make arrests of persons engaged in the practice of dentistry without a license; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 431. By Representatives Murphy of the 97th, Hugley of the 113th, James of the 114th, Warren of the 99th and Howard of the 98th:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit for teachers with respect to qualified education expenses; to provide for conditions and limitations; and for other purposes.

Mr. Clerk:

2/14/2003

MONDAY, FEBRUARY 17, 2003

613

Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 431. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Murphy District 97

Referred to the Committee on Ways & Means.

HB 432. By Representatives Mitchell of the 61st, Post 3, Sinkfield of the 50th, Mangham of the 62nd and Mobley of the 58th:
A BILL to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide that counties and municipalities that require building permits for construction of buildings shall require each applicant for a permit to build a residential development or subdivision to furnish proof that notice of such proposed construction has been provided to the local board of education and to the Department of Transportation; and for other purposes.

Referred to the Committee on Economic Development and Tourism.

HB 433. By Representatives Mitchell of the 61st, Post 3, Hugley of the 113th, Maddox of the 59th, Post 2, Watson of the 60th, Post 2, Golick of the 34th, Post 3 and others:
A BILL to amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of child welfare agencies and child care facilities, so as to provide that the owner of any day-care center, family day-care home, group day-care facility, or group day-care home shall be covered by liability insurance; to provide for denial of a license or commission for an uninsured owner; and for other purposes.

Referred to the Committee on Children & Youth.

HB 434. By Representative Buckner of the 82nd:

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A BILL to amend Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions under the "Quality Basic Education Act," so as to provide that each local board of education shall adopt policies under which a student shall not be counted as tardy or absent from school when the student is in transit to the school under certain conditions; and for other purposes.

Referred to the Committee on Education.

HB 435. By Representative Buckner of the 82nd:
A BILL to amend Code Section 20-2-101 of the Official Code of Georgia Annotated, relating to appointment of county school superintendents, so as to provide that the contract of employment of a local school superintendent may be terminated prior to the end of the school year only under certain conditions; to provide for inclusion in and effect on contracts of employment; and for other purposes.

Referred to the Committee on Education.

HB 436. By Representatives Benfield of the 56th, Post 1, Drenner of the 57th, Teper of the 42nd, Post 1, Porter of the 119th, Henson of the 55th and others:
A BILL to amend Code Section 40-2-76 of the Official Code of Georgia Annotated, relating to alternative fueled vehicle license plates, so as to add hybrid vehicles to the definition of alternative fueled vehicles; to amend Code Section 32-9-4 of the Official Code of Georgia Annotated, relating to designation of travel lanes and use of such lanes, so as to provide for the authorization of hybrid vehicles to use designated travel lanes; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 437. By Representative Benfield of the 56th, Post 1:
A BILL to amend Code Section 40-16-2 of the Official Code of Georgia Annotated, relating to primary responsibilities of the Department of Motor

MONDAY, FEBRUARY 17, 2003

615

Vehicle Safety, so as to provide for enforcement of certain provisions relating to taxicabs; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide for the regulation of taxicabs by the Department of Motor Vehicle Safety; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 438. By Representatives Benfield of the 56th, Post 1, Orrock of the 51st, Greene of the 134th, Oliver of the 56th, Post 2, Manning of the 32nd and others:
A BILL to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change certain provisions relating to pimping; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 439. By Representative Teper of the 42nd, Post 1:
A BILL to amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership by judges and other court employees and certain county employees in the Employees' Retirement System of Georgia, so as to provide that certain members who were once offered membership in the Employees' Retirement System of Georgia but who elected to remain members of a county retirement system and who subsequently became members of the Employees' Retirement System of Georgia may obtain creditable service for such prior service; and for other purposes.

Referred to the Committee on Retirement.

HR 225. By Representatives Borders of the 142nd, O`Neal of the 117th, McBee of the 74th, Jenkins of the 93rd and Stephens of the 123rd:
A RESOLUTION proposing an amendment to the Constitution so as to provide for the creation of an intellectually disabled health and fitness support program fund and provide funds for the fund from the voluntary

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purchase of special license plates and other sources; and for other purposes.

Referred to the Committee on Appropriations.

HR 226. By Representative Mobley of the 58th:
A RESOLUTION creating the House Study Committee on Sheriffs' Powers; and for other purposes.

Referred to the Committee on Rules.

HR 227. By Representative Mobley of the 58th:
A RESOLUTION creating the Joint Study Committee on Certified Professional Midwifery; and for other purposes.

Referred to the Committee on Rules.

HR 228. By Representatives Heckstall of the 48th, Post 3, Jackson of the 124th, Post 1, Holmes of the 48th, Post 1, Roberts of the 135th, Sailor of the 61st, Post 1 and others:
A RESOLUTION strongly urging the Governor's Office of Consumer Affairs to address with the public the health dangers of certain cosmetic coverings of the teeth and to encourage efforts to remove those unscrupulous and unlicensed providers of such coverings; and for other purposes.

Referred to the Committee on Health & Ecology.
HR 229. By Representatives Harbin of the 80th, Burkhalter of the 36th, Golick of the 34th, Post 3 and Day of the 126th:
A RESOLUTION proposing an amendment to the Constitution so as to allocate the total revenue from the state excise tax on cigars, cigarettes, and other tobacco products to fund the state Medicaid program; and for other purposes.

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617

Referred to the Committee on Ways & Means.

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

HB 385 HB 386 HB 387 HB 388 HB 389 HB 390 HB 391 HB 392 HB 393 HB 394 HB 395 HB 396 HB 397 HB 398 HB 399 HB 400 HB 401 HB 402

HB 403 HB 404 HB 405 HB 406 HB 407 HB 408 HB 409 HB 410 HB 411 HB 412 HB 413 HR 212 HR 213 HR 214 SB 27 SB 31 SB 91

Pursuant to Rule 52, Representative Barnes of the 84th, Post 2 moved that the following Bill of the House be engrossed:

HB 397. By Representatives Barnes of the 84th, Post 2, Wix of the 33rd, Post 1, Hill of the 81st, Dodson of the 84th, Post 1 and Buckner of the 82nd:
A BILL to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide an affirmative defense for the unauthorized possession of firearms or other deadly weapons at public gatherings; to amend Part 2 of Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to transportation passenger safety, so as to provide for exceptions to certain prohibitions; and for other purposes.
On the motion, the roll call was ordered and the vote was as follows:

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N Amerson Y Anderson Y Ashe N Bannister
Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper N Crawford Y Cummings

N Day E Dean N Deloach N Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart E Elrod Y Epps N Fleming Y Floyd, H
Floyd, J Y Fludd N Forster N Franklin Y Gardner
Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner
Harbin N Harper
Harrell N Heard, J Y Heard, K N Heath
Heckstall N Hembree Y Henson N Hill, C

N Hill, C.A Y Hill, V N Hines Y Holmes
Houston Y Howard Y Howell
Hudson Y Hugley E Jackson Y James Y Jamieson Y Jenkins N Jones Y Jordan N Joyce N Keen N Knox Y Lane N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham N Manning Y Marin N Martin N Massey N Maxwell Y McBee Y McCall Y McClinton N Millar
Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q N Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell N Ralston Y Randall Y Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J E Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor N Scott Y Shaw N Sheldon Y Sholar

On the motion the ayes were 94, nays 67. The motion prevailed.

Sims Sinkfield Y Skipper N Smith, B Y Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E E Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs N Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates Coleman, Speaker

Representative Noel of the 44th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Pursuant to Rule 52, Representative Skipper of the 116th moved that the following Resolution of the House be engrossed:

MONDAY, FEBRUARY 17, 2003

619

HR 212. By Representative Dukes of the 136th:
A RESOLUTION designating the Charles F. Hatcher Highway; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Westmoreland of the 86th moved that the following Resolution of the House be engrossed:

HR 213. By Representatives Stephens of the 123rd and Purcell of the 122nd:
A RESOLUTION designating the Sonny Dixon Interchange; and for other purposes.

The motion prevailed.

Representative Smyre of the 111th 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 176 Do Pass HR 180 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

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

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JOURNAL OF THE HOUSE

HOUSE RULES CALENDAR MONDAY, FEBRUARY 17, 2003

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 18th Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 25

Robert Henry Jordan Memorial Highway; designate

DEBATE CALENDAR

HB 56
HB 178 HB 189

Renal Dialysis Advisory Council; kidney patients recommend one member Coastal marshlands; protection provisions; exempt certain property Sales tax; certain carpet samples; fair market value

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

Respectfully submitted, /s/ Smyre of the 111th
Chairman

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

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House and Senate:
SB 33. By Senators Thomas of the 2nd, Hill of the 4th and Johnson of the 1st:
A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate The Mighty Eighth Air Force Heritage Museum as an official State of Georgia center for character education; to repeal conflicting laws;

MONDAY, FEBRUARY 17, 2003

621

and for other purposes.
HB 103. By Representatives Walker of the 115th and Oliver of the 56th, Post 2:
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 104. By Representatives Walker of the 115th and Oliver of the 56th, Post 2:
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; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated; to repeal portions of the Code and Acts amendatory thereof which have become obsolete; and for other purposes.
HB 105. By Representative Walker of the 115th:
A BILL to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in Title 21 of the Official Code of Georgia Annotated; and for other purposes.

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

SB 33.

By Senators Thomas of the 2nd, Hill of the 4th and Johnson of the 1st:
A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate The Mighty Eighth Air Force Heritage Museum as an official

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State of Georgia center for character education; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

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

HR 25.

By Representatives Buck of the 112th, Buckner of the 109th, Hugley of the 113th, Smyre of the 111th and Smith of the 110th:
A RESOLUTION commending Robert Henry Jordan; designating the Robert Henry Jordan Memorial Highway; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn

Day E Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster
Franklin Y Gardner Y Golick Y Graves, D Y Graves, T

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley E Jackson Y James Y Jamieson Y Jenkins
Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S

Y Sims Sinkfield
Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E E Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet
Teper Y Thomas, A
Thomas, A.M Y Thompson Y Twiggs Y Walker, L

Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

MONDAY, FEBRUARY 17, 2003

Y Greene Greene-Johnson
Y Hanner Y Harbin Y Harper
Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar
Mills Y Mitchell

Y Rice Y Richardson Y Roberts, J E Roberts, L Y Rogers, C
Rogers, Ch. Y Royal Y Rynders
Sailor Scott Y Shaw Y Sheldon Y Sholar

623
Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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

HB 178. By Representatives Barnard of the 121st, Post 1, DeLoach of the 127th, Day of the 126th, Keen of the 146th, Hill of the 147th and others:
A BILL to amend Code Section 12-5-295 of the Official Code of Georgia Annotated, relating to exemptions from the Coastal Marshlands Protection Act of 1970, so as to provide that such Act shall not apply to the owners of certain property; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong
Black Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks

Y Day E Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley E Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter

Y Sims Sinkfield
Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E E Stephens, R Y Stephenson Y Stokes Y Stoner

624
Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper
Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar
Mills Y Mitchell

Y Powell Y Purcell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J E Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Scott Y Shaw Y Sheldon Y Sholar

Y Teilhet Y Teper Y Thomas, A
Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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

Representatives Manning of the 32nd and Scott of the 138th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 189. By Representatives Buck of the 112th, Royal of the 140th and Williams of the 4th:
A BILL to amend Code Section 48-8-39 of the Official Code of Georgia Annotated, relating to the effect of use other than retention, demonstration, or display by the giver of certain certification or by processor, manufacturer, or converter of tangible personal property, so as to provide for fair market value of certain carpet samples for sales and use tax purposes; and for other purposes.

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

MONDAY, FEBRUARY 17, 2003

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day E Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper
Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley E Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar
Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J E Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

625
Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E E Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet
Teper Y Thomas, A
Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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

Pursuant to Rule 134, Representative Teper of the 42nd, Post 1 was excused from voting on HB 189.

HB 56.

By Representative Childers of the 13th, Post 1:
A BILL to amend Chapter 44 of Title 31 of the Official Code of Georgia Annotated, relating to renal disease facilities, so as to provide for the Georgia

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JOURNAL OF THE HOUSE

Association of Kidney Patients to recommend one member of the Renal Dialysis Advisory Council; and for other purposes.

The following amendment was read:

Representative Franklin of the 17th moves to amend HB 56 by inserting on line 3 of page 1, following the word and symbol "Council;", the following:
"to provide for the repeal of such chapter;"
By inserting immediately following line 24 of page 1 the following:
"Said chapter is further amended by inserting at the end of said Code Section 31-44-3 the following:
'(d) Any other provision of law to the contrary notwithstanding, this chapter shall stand repealed in its entirety on June 30, 2003.'
SECTION 3."

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

Y Amerson N Anderson N Ashe
Bannister N Barnard N Barnes
Beasley-Teague N Benfield N Birdsong N Black N Boggs N Bordeaux
Borders Y Bridges Y Brock N Brooks N Broome N Brown
Bruce N Buck N Buckner, D N Buckner, G
Bunn

Day E Dean N Deloach N Dix
Dodson N Dollar N Dooley N Douglas N Drenner N Dukes
Ehrhart E Elrod N Epps N Fleming N Floyd, H
Floyd, J N Fludd Y Forster Y Franklin N Gardner N Golick N Graves, D N Graves, T

N Hill, C.A N Hill, V Y Hines N Holmes N Houston N Howard
Howell N Hudson N Hugley E Jackson N James N Jamieson N Jenkins N Jones N Jordan
Joyce Y Keen Y Knox N Lane N Lewis N Lord N Lucas
Lunsford

N Mobley N Moraitakis N Morris N Mosby N Mosley N Murphy, J N Murphy, Q N Noel N Oliver, B
Oliver, M O'Neal N Orrock N Parham N Parrish N Parsons N Porter N Powell N Purcell N Ralston Randall N Ray N Reece, B N Reece, S

N Sims N Sinkfield N Skipper N Smith, B N Smith, L N Smith, P N Smith, T N Smith, V N Smyre N Snow
Stanley-Turner N Stephens, E E Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas, A N Thomas, A.M N Thompson N Twiggs N Walker, L

N Burkhalter N Burmeister Y Butler N Campbell Y Casas Y Chambers N Channell N Childers Y Coan N Coleman, B N Cooper N Crawford N Cummings

MONDAY, FEBRUARY 17, 2003

N Greene N Greene-Johnson N Hanner N Harbin N Harper
Harrell N Heard, J N Heard, K N Heath N Heckstall N Hembree N Henson N Hill, C

N Maddox Mangham
N Manning N Marin N Martin Y Massey N Maxwell N McBee N McCall N McClinton
Millar Mills N Mitchell

Y Rice N Richardson N Roberts, J E Roberts, L N Rogers, C Y Rogers, Ch. N Royal Y Rynders
Sailor N Scott N Shaw N Sheldon N Sholar

627
N Walker, R.L N Warren N Watson N Westmoreland Y White N Wilkinson N Willard N Williams, A N Williams, E N Williams, R N Wix Y Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 18, nays 135. The amendment was lost.

Representative Mangham of the 62nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D

Y Day E Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Gardner Y Golick

Y Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley E Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan N Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Y Ray

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E E Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson

628
Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper
Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Lucas Lunsford
Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton
Millar Mills Y Mitchell

Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J E Roberts, L
Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 163, nays 4. The Bill, having received the requisite constitutional majority, was passed.

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

HR 176. By Representatives Dukes of the 136th, Beasley-Teague of the 48th, Post 2, Maddox of the 59th, Post 2, Epps of the 90th, Hugley of the 113th and others:
A RESOLUTION proclaiming February 18, 2003, as "African American Business Enterprise Day" and inviting the Georgia Summit of African American Business Organizations to appear before the House of Representatives; and for other purposes.

HR 180. By Representatives Jones of the 38th, Martin of the 37th, Burkhalter of the 36th, Wilkinson of the 41st, Campbell of the 39th and others:
A RESOLUTION commending the Georgia Recreation and Parks Association and inviting representatives of the association to appear before the House of Representatives; and for other purposes.

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

MONDAY, FEBRUARY 17, 2003

629

HR 230. By Representatives Brown of the 89th and Epps of the 90th:
A RESOLUTION inviting the Troup County School System National Board Certified Teachers to appear before the House of Representatives; and for other purposes.

HR 231. By Representatives Lucas of the 105th, Randall of the 107th, Birdsong of the 104th, Graves of the 106th, Jenkins of the 93rd and others:
A RESOLUTION welcoming citizens and public officials from Macon and Bibb County, recognizing the 2003 Cherry Blossom Festival, and inviting the mayor of the City of Macon, the chairperson of the Board of Commissioners of Bibb County, the chairperson of the Keep Macon-Bibb Beautiful Commission, and representatives from the International Cherry Blossom Festival to appear before this body; and for other purposes.

HR 232. By Representatives Purcell of the 122nd and Snow of the 1st:
A RESOLUTION commending Assistant Special Agent in Charge Janet R. Oliva as the Peace Officer of the Year for Meritorious Service and inviting her to appear before the House of Representatives; and for other purposes.

HR 233. By Representatives Purcell of the 122nd and Snow of the 1st:
A RESOLUTION commending Master Trooper R. K. Turner on his selection as the Peace Officer of the Year for Valor and inviting him to appear before the House of Representatives; and for other purposes.

HR 234. By Representatives Purcell of the 122nd, Snow of the 1st and Lucas of the 105th:
A RESOLUTION commending Officer Stewart Cronin on his selection as the Peace Officer of the Year for Valor and inviting him to appear before the House of Representatives; and for other purposes.

The following Resolutions of the House were read and adopted:

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JOURNAL OF THE HOUSE

HR 235. By Representatives Forster of the 3rd, Post 1, White of the 3rd, Post 2 and Joyce of the 2nd:
A RESOLUTION to commend and recognize Monisa Chakraborty; and for other purposes.

HR 236. By Representatives McCall of the 78th, Roberts of the 131st, Royal of the 140th, Floyd of the 132nd and Walker of the 115th:
A RESOLUTION commending the first responders, emergency medical technicians, cardiac technicians, and paramedics of Georgia and observing the sixth annual Emergency Medical Services (EMS) Recognition Day; and for other purposes.

HR 237. By Representatives Brown of the 89th and Epps of the 90th:
A RESOLUTION commending Troup County School System National Board Certified teachers; and for other purposes.

Representative Ray of the 108th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 307 Do Pass HB 347 Do Pass, by Substitute

Respectfully submitted, /s/ Ray of the 108th
Chairman

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:

MONDAY, FEBRUARY 17, 2003

631

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 113 Do Pass HR 114 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Representative Jenkins of the 93rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 168 Do Pass

Respectfully submitted, /s/ Jenkins of the 93rd
Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 365 Do Pass

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JOURNAL OF THE HOUSE

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

The Speaker announced the House in recess until 5:00 P.M., at which time the House will stand adjourned until 10:00 o'clock A.M. the next legislative day.

TUESDAY, FEBRUARY 18, 2003

633

Representative Hall, Atlanta, Georgia Tuesday, February 18, 2003

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 Johnny Dean, Pastor, New Poplar Springs Baptist Church, Cordele, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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JOURNAL OF THE HOUSE

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

HB 440. By Representatives Broome of the 141st, Post 2, Wix of the 33rd, Post 1, Powell of the 23rd, Royal of the 140th, Morris of the 120th and others:
A BILL to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special motor vehicle license plates, so as to provide for special plates to promote the restoration and maintenance of wild turkey populations; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 441. By Representatives Holmes of the 48th, Post 1, Campbell of the 39th, Moraitakis of the 42nd, Post 4, Willard of the 40th, Bruce of the 45th and others:
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 that any person who becomes a judge of the State Court of Fulton County on or after July 1, 2004, shall become a member of such retirement system; to provide that any person serving in such position on June 30, 2004, may elect to be a member of such retirement system; and for other purposes.

Referred to the Committee on Retirement.

HB 442. By Representatives Holmes of the 48th, Post 1, Orrock of the 51st, Mobley of the 58th, Brooks of the 47th and Mangham of the 62nd:
A BILL to amend Article 1 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding dentists and dental hygienists, so as to prohibit the use of mercury amalgam fillings by a dentist under certain circumstances; and for other purposes.

Referred to the Committee on Health & Ecology.

TUESDAY, FEBRUARY 18, 2003

635

HB 443. By Representative Roberts of the 131st:
A BILL to amend an Act entitled "An Act to reconstitute the Board of Education of Irwin County," so as to provide for the compensation of the chairperson and members of the Board of Education of Irwin County; and for other purposes.

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

HB 444. By Representative Channell of the 77th:
A BILL to amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones, restrictions on use of motors and operation of houseboats on certain lakes, and exceptions, so as to prohibit operation of certain vessels on Lake Oconee; and for other purposes.

Referred to the Committee on Game, Fish & Parks.

HB 445. By Representatives Holmes of the 48th, Post 1, Campbell of the 39th and Willard of the 40th:
A BILL to amend an Act providing for the appointment of magistrates in Fulton County, so as to change the number of magistrates in Fulton County; and for other purposes.

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

HB 446. By Representatives Holmes of the 48th, Post 1, Campbell of the 39th and Willard of the 40th:
A BILL to amend an Act creating a State Court of Fulton County by consolidation of the existing Civil Court of Fulton County and the Criminal Court of Fulton County, so as to provide an additional judge for the State Court of Fulton County; and for other purposes.

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

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HB 447. By Representatives Powell of the 23rd and Parham of the 94th:
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 applications of minors for drivers' licenses and distinctive license for persons under age 21; to change certain provisions relating to when courts are to send licenses and reports of convictions to the Department of Motor Vehicle Safety; 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; to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to instructors in driver training and operators of driver training schools; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 448. By Representatives Holmes of the 48th, Post 1, Campbell of the 39th and Willard of the 40th:
A BILL to amend an Act establishing a municipal court of the City of Atlanta (now a division of the State Court of Fulton County), so as to change certain fees charged by the clerk and marshal of said court; and for other purposes.

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

HB 449. By Representatives Powell of the 23rd and Parham of the 94th:
A BILL to amend Code Section 40-5-64 of the Official Code of Georgia Annotated, relating to limited driving permits for certain offenders, so as to provide for revocation of a limited driving permit upon notice that an ignition interlock device has been tampered with; to provide for notice thereof; 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; and for other purposes.

Referred to the Committee on Motor Vehicles.

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HB 450. By Representatives Powell of the 23rd and Parham of the 94th:
A BILL 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 provide for licensing and regulation of instructors and operators of driver's education programs; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 451. By Representatives Murphy of the 14th, Post 2, Knox of the 14th, Post 1 and Jones of the 38th:
A BILL to amend an Act entitled "An Act to make provisions for the Magistrate Court of Forsyth County," so as to provide qualifications, election, and terms of the chief magistrate; and for other purposes.

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

HB 452. By Representatives Powell of the 23rd and Parham of the 94th:
A BILL to amend Code Section 40-5-26 of the Official Code of Georgia Annotated, relating to applications of minors for drivers' licenses and distinctive licenses for persons under age 21, so as to provide that licensed driver training instructors may under certain conditions act as agents for parents or guardians for purposes of such applications; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 453. By Representatives Powell of the 23rd, Purcell of the 122nd, Cummings of the 19th, Smith of the 13th, Post 2, McCall of the 78th and others:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit for certain teachers or paraprofessionals; and for other purposes.

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Referred to the Committee on Ways & Means.

HB 454. By Representatives Powell of the 23rd, Cummings of the 19th, Smith of the 13th, Post 2, Lane of the 101st, McCall of the 78th and others:
A BILL to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that Georgia taxable net income of an individual taxpayer shall not include an amount equal to the amount expended by such taxpayer for premiums for health insurance for a qualifying family member; and for other purposes.

Referred to the Committee on Ways & Means.

HB 455. By Representatives Powell of the 23rd and Parham of the 94th:
A BILL to amend Code Section 46-7-85.5 of the Official Code of Georgia Annotated, relating to safety and mechanical inspections, so as to provide that each limousine carrier shall obtain and furnish a report of inspection for safety and mechanical function on an annual basis; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 456. By Representatives Buck of the 112th, Channell of the 77th, Parrish of the 102nd and Brooks of the 47th:
A BILL to amend Part 3 of Article 5 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, "the Georgia Distance Learning and Telemedicine Act of 1992," so as to change provisions relating to the use of funds available in the Universal Service Fund; to provide that for a certain period of time such funds may be used for any lawful purpose that promotes or supports enterprise information technology needs; and for other purposes.

Referred to the Committee on Appropriations.

HB 457. By Representatives Buck of the 112th, Bridges of the 7th, Hill of the 81st, Parham of the 94th, Boggs of the 145th and others:

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A BILL to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to require motor vehicle operators to take certain precautions when passing stationary authorized emergency, towing, recovery, and highway maintenance vehicles; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 458. By Representatives Casas of the 68th, Moraitakis of the 42nd, Post 4, Mosby of the 59th, Post 3, Burkhalter of the 36th, Stoner of the 34th, Post 1 and others:
A BILL to amend Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State, so as to create the position of the director of protocol and international affairs; and for other purposes.

Referred to the Committee on Economic Development and Tourism.

HB 459. By Representatives Buckner of the 82nd, Dodson of the 84th, Post 1 and Barnes of the 84th, Post 2:
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 a division of school board mediation; to provide for duties of such division; and for other purposes.

Referred to the Committee on Education.

HB 460. By Representatives Drenner of the 57th, Henson of the 55th, Powell of the 23rd, Benfield of the 56th, Post 1, Dooley of the 33rd, Post 3 and others:
A BILL to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the uniform rules of the road for motor vehicles, so as to change certain provisions relating to operating vehicle without adequately securing load; to require certain securing or containing of live animals on or in motor vehicles operated on interstate highways; and for other purposes.

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Referred to the Committee on Motor Vehicles.

HB 461. By Representatives Purcell of the 122nd, Birdsong of the 104th and Cummings of the 19th:
A BILL to amend Chapter 24 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Military Pension Fund, so as to provide that certain ordered active duty shall not constitute a break in service; and for other purposes.

Referred to the Committee on Retirement.

HB 462. By Representatives Boggs of the 145th, Westmoreland of the 86th, Skipper of the 116th, Bordeaux of the 125th, Smith of the 129th, Post 2 and others:
A BILL to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to require a mandatory prison term; to include depiction of any portion of a minor's body part in the prohibition against sexual exploitation of children; to provide for and change certain penalties; to provide for definitions; to expand the definition of computer pornography; to create the crime of obscene Internet contact with a child; and for other purposes.

Referred to the Committee on Judiciary.

HB 463. By Representatives Boggs of the 145th, Westmoreland of the 86th, Skipper of the 116th, Bordeaux of the 125th, Rogers of the 20th and others:
A BILL to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the state sexual offender registry, so as to change the provisions relating to registration requirements applicable to certain sex offenders; to include additional offenses relating to victims who are minors; to clarify language for annual registration; and for other purposes.

Referred to the Committee on Judiciary.

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HB 464. By Representatives Purcell of the 122nd and Birdsong of the 104th:
A BILL to amend Chapter 24 of Title 47, relating to the Georgia Military Pension Fund, so as to authorize the use of prior service as credit in such retirement fund which the member may also use to calculate a benefit under a military pension; to provide that certain ordered active duty shall not constitute a break in service; and for other purposes.

Referred to the Committee on Retirement.

HB 465. By Representative Jamieson of the 22nd:
A BILL to amend Code Section 48-7-103 of the Official Code of Georgia Annotated, relating to quarterly, monthly, and jeopardy returns, so as to increase the threshold for filing monthly returns; and for other purposes.

2/17/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 465. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Jamieson District 22

Referred to the Committee on Ways & Means.

HB 466. By Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1, Watson of the 60th, Post 2, Oliver of the 121st, Post 2, Morris of the 120th and others:
A BILL to amend Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to parental notification, so as to define and eliminate certain terms; to require certain types of identification to be presented in order for a physician to perform an abortion; and for other purposes.

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2/17/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 466. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Smith District 129, Post 2

Referred to the Committee on Judiciary.

HB 467. By Representatives Stanley-Turner of the 43rd, Post 2, Boggs of the 145th, Walker of the 115th, Holmes of the 48th, Post 1 and Stokes of the 72nd:
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 that are not required to be open to the public; to change certain provisions relating to exceptions from the requirements of disclosure of public records; and for other purposes.

2/17/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 467. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Stanley-Turner District 43, Post 2

Referred to the Committee on Judiciary.

HB 468. By Representative Jamieson of the 22nd: A BILL to amend Code Section 48-7-120 of the Official Code of Georgia

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Annotated, relating to failure to pay estimated income tax, so as to change the method of calculating underpayment amounts; and for other purposes.

2/17/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 468. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Jamieson District 22

Referred to the Committee on Ways & Means.

HB 469. By Representative Jamieson of the 22nd:
A BILL to amend Code Section 48-2-35 of the Official Code of Georgia Annotated, relating to tax refunds, so as to increse the period of time during which certain income tax refunds may be claimed; and for other purposes.

2/17/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 469. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Jamieson District 22
Referred to the Committee on Ways & Means.
HB 470. By Representatives Benfield of the 56th, Post 1, Westmoreland of the 86th, Crawford of the 91st, Gardner of the 42nd, Post 3 and Oliver of the 56th, Post 2:

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A BILL to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, so as to expand the jurisdiction of the juvenile court to all persons under the age of 18; to conform provisions relating to juveniles to such expansion of jurisdiction; and for other purposes.

Referred to the Committee on Judiciary.

HB 471. By Representative Morris of the 120th:
A BILL to amend an Act providing for the Board of Education of Montgomery County, so as to provide for the nonpartisan election of that board; and for other purposes.

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

HB 472. By Representatives Powell of the 23rd, Howell of the 92nd and Parham of the 94th:
A BILL to amend Chapter 17 of Title 43 of the Official Code of Georgia Annotated, relating to charitable solicitations, so as to change the term of registration for solicitor agents; to change the registration fee; to change certain disclosure requirements; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 473. By Representatives Hill of the 16th, Rogers of the 15th, Westmoreland of the 86th, Keen of the 146th, Birdsong of the 104th 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 prominently displaying an image of the flag of the United States; and for other purposes.

Referred to the Committee on Motor Vehicles.

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645

HB 474. By Representatives Marin of the 66th, Floyd of the 69th, Post 2, Coan of the 67th, Post 1, Rice of the 64th and Sheldon of the 71st, Post 2:
A BILL to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to abatement of nuisances generally, so as to change certain provisions relating to definitions relative to county and municipal abatement powers; to change certain provisions relating to county or municipal ordinances relating to unfit buildings or structures; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 475. By Representatives Dukes of the 136th, Cummings of the 19th, Black of the 144th, Stephens of the 123rd, Martin of the 37th and others:
A BILL to amend Article 2 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to deferred compensation plans, so as to provide that qualified defined contribution plans authorized for the state and its political subdivisions may accept contributions from employers and employees; and for other purposes.

Referred to the Committee on Retirement.

HB 476. By Representatives Cummings of the 19th, Black of the 144th, Dodson of the 84th, Post 1, Bannister of the 70th, Post 1, Coleman of the 65th and others:
A BILL to amend Part 5 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits for certain law enforcement personnel under the Employees' Retirement System of Georgia, so as to increase the normal retirement benefit formula for certain employees of the Department of Corrections, officers and troopers of the Uniform Division of the Department of Public Safety, conservation rangers, alcohol and tobacco officers and agents, officers and agents of the Georgia Bureau of Investigation, enforcement officers of the Department of Transportation and the Department of Motor Vehicle Safety, and employees of the State Board of Pardons and Paroles who possess the power of arrest; and for other purposes.

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Referred to the Committee on Retirement.

HR 238. By Representatives Hill of the 81st, Sailor of the 61st, Post 1, Forster of the 3rd, Post 1, Chambers of the 53rd, Day of the 126th and others:
A RESOLUTION creating the House Study Committee on Law Enforcement Retirement; and for other purposes.

Referred to the Committee on Rules.

By unanimous consent, the rules were suspended in order that the following Bill and Resolution of the House could be introduced, read the first time and referred to the Committees:

HB 477. By Representatives Dean of the 49th, McClinton of the 59th, Post 1, Smyre of the 111th, Mobley of the 58th, Stanley-Turner of the 43rd, Post 2 and others:
A BILL to amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to change provisions relating to the amount payable for redemption; and for other purposes.

Referred to the Committee on Ways & Means.

HR 256. By Representatives Gardner of the 42nd, Post 3, Manning of the 32nd, Ashe of the 42nd, Post 2, Moraitakis of the 42nd, Post 4 and Teper of the 42nd, Post 1:
A RESOLUTION urging Georgia Power Company to consult with the Morningside community of Atlanta before constructing a substation in the residential neighborhood; and for other purposes.

Referred to the Committee on Rules.

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647

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

HB 414 HB 415 HB 416 HB 417 HB 418 HB 419 HB 420 HB 421 HB 422 HB 423 HB 424 HB 425 HB 426 HB 427 HB 428 HB 429

HB 430 HB 431 HB 432 HB 433 HB 434 HB 435 HB 436 HB 437 HB 438 HB 439 HR 225 HR 226 HR 227 HR 228 HR 229 SB 33

Pursuant to Rule 52, Representative Ray of the 108th moved that the following Bill of the House be engrossed:

HB 425. By Representatives Ray of the 108th, Royal of the 140th and Floyd of the 132nd:

A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of liquefied petroleum gas or other fuel used for certain swine raising purposes; and for other purposes.

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

N Amerson Y Anderson Y Ashe N Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong

N Day Y Dean Y Deloach N Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner

N Hill, C.A Y Hill, V N Hines E Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B

Y Sims Sinkfield
Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre

648
Y Black Y Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn
Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers
Channell Y Childers N Coan N Coleman, B N Cooper N Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Dukes N Ehrhart E Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner
Golick Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner N Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath Heckstall N Hembree Y Henson N Hill, C

Y Jackson Y James Y Jamieson Y Jenkins N Jones Y Jordan N Joyce N Keen
Knox Y Lane N Lewis Y Lord
Lucas N Lunsford Y Maddox Y Mangham N Manning Y Marin N Martin N Massey E Maxwell Y McBee Y McCall Y McClinton N Millar N Mills Y Mitchell

Y Oliver, M O'Neal
Y Orrock Y Parham
Parrish E Parsons Y Porter Y Powell Y Purcell N Ralston Y Randall Y Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor N Scott Y Shaw N Sheldon Y Sholar

On the motion the ayes were 101, nays 62. The motion prevailed.

Y Snow Y Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E E Williams, R Y Wix N Yates
Coleman, Speaker

Representative Burkhalter of the 36th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Pursuant to Rule 52, Representative Murphy of the 97th moved that the following Bill of the House be engrossed:

HB 431. By Representatives Murphy of the 97th, Hugley of the 113th, James of the 114th, Warren of the 99th and Howard of the 98th:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit for teachers with

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649

respect to qualified education expenses; to provide for conditions and limitations; and for other purposes.

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

N Amerson Y Anderson Y Ashe N Bannister N Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers
Channell Y Childers N Coan N Coleman, B N Cooper
Crawford Y Cummings

N Day Y Dean N Deloach N Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner
Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner N Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath
Heckstall N Hembree Y Henson N Hill, C

N Hill, C.A Y Hill, V N Hines E Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins N Jones Y Jordan N Joyce N Keen N Knox Y Lane N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham N Manning Y Marin N Martin N Massey E Maxwell Y McBee Y McCall Y McClinton N Millar N Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M
O'Neal Y Orrock Y Parham
Parrish E Parsons Y Porter Y Powell Y Purcell N Ralston Y Randall Y Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor N Scott Y Shaw N Sheldon Y Sholar

Y Sims Sinkfield
Y Skipper N Smith, B N Smith, L
Smith, P Y Smith, T N Smith, V Y Smyre
Snow Y Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs N Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E E Williams, R Y Wix N Yates
Coleman, Speaker

On the motion the ayes were 98, nays 65. The motion prevailed.

Representative Birdsong of the 104th District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:

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Mr. Speaker:
Your Committee on Defense and Veterans Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 303 Do Pass

Respectfully submitted, /s/ Birdsong of the 104th
Chairman

Representative Smyre of the 111th 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 135 Do Pass HR 149 Do Pass HR 178 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 245 Do Pass

HB 391 Do Pass

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651

HB 248 HB 343 HB 370 HB 375

Do Pass Do Pass Do Pass Do Pass

HB 396 HB 399 HB 402 HB 403

Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

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

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 18, 2003

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 19th Legislative Day as enumerated below:

HB 53 HB 263 HB 287
HR 173

Anatomical gifts; advisory board; add organ recipient Mass transportation service; increase limit of state funds Joint county and municipal sales tax; 2% levy by consolidated governments Rules of House; amend Rules 5, 6, 12

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

Respectfully submitted, /s/ Smyre of the 111th
Chairman

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 245. By Representatives Channell of the 77th and Hudson of the 95th:

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A BILL to amend an Act to change the method of electing members for the Board of Education of Putnam 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 248. By Representatives Channell of the 77th and Hudson of the 95th:
A BILL to amend an Act creating the board of commissioners for Putnam County, as so 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 343. By Representatives Boggs of the 145th and Mosley of the 129th, Post 1:
A BILL to amend an Act providing for the revised and restated charter for the City of Waycross, so as to change the description of the commission districts; and for other purposes.

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

HB 370. By Representatives Golick of the 34th, Post 3, Teilhet of the 34th, Post 2, Richardson of the 26th, Stoner of the 34th, Post 1, Manning of the 32nd and others:
A BILL to amend an Act creating the State Court of Cobb County, so as to change the compensation of the solicitor-general; to change the provisions relating to the compensation of assistant solicitors; and for other purposes.

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

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653

HB 375. By Representatives Golick of the 34th, Post 3, Teilhet of the 34th, Post 2, Richardson of the 26th, Stoner of the 34th, Post 1, Ehrhart of the 28th and others:
A BILL to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judges and associate judges of the state court; and for other purposes.

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

HB 391. By Representatives Keen of the 146th, Mosley of the 129th, Post 1, Smith of the 129th, Post 2 and Williams of the 128th:
A BILL to amend an Act providing for the Board of Education of Glynn County, so as to change the composition of such board and abolish certain positions and create new positions; and for other purposes.

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

HB 396. By Representative James of the 114th:
A BILL to amend an Act creating a new charter for the City of Reynolds, so as to provide for the compensation of the mayor and the council members; and for other purposes.

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

HB 399. By Representative Greene of the 134th:
A BILL to provide a homestead exemption from Randolph County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 62 years of age or older; and for other purposes.

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

HB 402. By Representatives Barnard of the 121st, Post 1 and Oliver of the 121st, Post 2:
A BILL to amend an Act creating a board of commissioners for Evans 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 403. By Representatives Dodson of the 84th, Post 1, Barnes of the 84th, Post 2 and Buckner of the 82nd:
A BILL to provide for a homestead exemption from City of Lake City ad valorem taxes for municipal purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that city; and for other purposes.

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

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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart E Elrod

Y Hill, C.A Y Hill, V Y Hines E Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock

Y Sims Y Sinkfield Y Skipper Y Smith, B
Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E

Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

TUESDAY, FEBRUARY 18, 2003

Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene
Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath
Heckstall Y Hembree Y Henson Y Hill, C

Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey E Maxwell Y McBee Y McCall Y McClinton Millar Y Mills Y Mitchell

Y Parham Y Parrish E Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

655
Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E E Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bills, the ayes were 166, nays 0. The Bills, having received the requisite constitutional majority, were passed.

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

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 11. By Senators Johnson of the 1st, Hill of the 4th and Kemp of the 3rd:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change certain provisions regarding the designation of counties as less developed areas for purposes of certain income tax credits; to provide for such designation with respect to portions of certain counties; to provide for such designation with respect to tax credits for existing manufacturing and telecommunications facilities or manufacturing or

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telecommunications support facilities; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
SB 44. By Senators Clay of the 37th, Tanksley of the 32nd and Hamrick of the 30th:
A BILL to be entitled an Act to amend Chapter 1 of Title 29 of the Official Code of Georgia Annotated, relating to general provisions concerning guardians, so as to provide certain immunities from liability for persons serving as guardians ad litem; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 46. By Senators Clay of the 37th, Thompson of the 33rd and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Article 4 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Peace Officer and Prosecutor Training Fund, so as to provide that such fund shall be used solely for peace officer and prosecutor training; to provide for an accounting of receipts and appropriations; to repeal conflicting laws; and for other purposes.
SB 48. By Senators Clay of the 37th, Hamrick of the 30th and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Part 8 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to access to juvenile records and hearings, so as to provide that the disposition and evidence of juvenile proceedings may be used by a defendant in a civil action brought by the juvenile based upon the factual circumstances surrounding said proceeding; to repeal conflicting laws; and for other purposes.
SB 102. By Senators Clay of the 37th, Meyer von Bremen of the 12th, Tanksley of the 32nd, Reed of the 35th, Harp of the 16th and others:
A BILL to be entitled an Act to amend Chapter 12 of Title 17 of the O.C.G.A., relating to the legal defense of indigents, so as to create the Georgia Indigent Defense Board; to provide for membership; to provide that on September 30, 2003, the board shall assume all powers, duties, and responsibilities of the Georgia Indigent Defense Council; to amend Title 15 of the O.C.G.A., relating to courts, so as to strike references to the Georgia Indigent Defense Council; to amend Title 16 of the O.C.G.A., relating to crimes and offenses; to amend Title 35 of the O.C.G.A., relating to law enforcement officers and agencies; to amend Code Section 36-32-1 of the O.C.G.A., relating to the establishment of municipal courts; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

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657

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

SB 11.

By Senators Johnson of the 1st, Hill of the 4th and Kemp of the 3rd:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change certain provisions regarding the designation of counties as less developed areas for purposes of certain income tax credits; to provide for such designation with respect to portions of certain counties; to provide for such designation with respect to tax credits for existing manufacturing and telecommunications facilities or manufacturing or telecommunications support facilities; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

SB 44.

By Senators Clay of the 37th, Tanksley of the 32nd and Hamrick of the 30th:
A BILL to be entitled an Act to amend Chapter 1 of Title 29 of the Official Code of Georgia Annotated, relating to general provisions concerning guardians, so as to provide certain immunities from liability for persons serving as guardians ad litem; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 46.

By Senators Clay of the 37th, Thompson of the 33rd and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Article 4 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Peace Officer and Prosecutor Training Fund, so as to provide that such fund shall be used solely for peace officer and prosecutor training; to provide for an accounting of receipts and appropriations; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Public Safety.

SB 48.

By Senators Clay of the 37th, Hamrick of the 30th and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Part 8 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to access to juvenile records and hearings, so as to provide that the disposition and evidence of juvenile proceedings may be used by a defendant in a civil action brought by the juvenile based upon the factual circumstances surrounding said proceeding; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 102. By Senators Clay of the 37th, Meyer von Bremen of the 12th, Tanksley of the 32nd, Reed of the 35th, Harp of the 16th and others:
A BILL to be entitled an Act to amend Chapter 12 of Title 17 of the O.C.G.A., relating to the legal defense of indigents, so as to create the Georgia Indigent Defense Board; to provide for membership; to provide that on September 30, 2003, the board shall assume all powers, duties, and responsibilities of the Georgia Indigent Defense Council; to amend Title 15 of the O.C.G.A., relating to courts, so as to strike references to the Georgia Indigent Defense Council; to amend Title 16 of the O.C.G.A., relating to crimes and offenses; to amend Title 35 of the O.C.G.A., relating to law enforcement officers and agencies; to amend Code Section 36-32-1 of the O.C.G.A., relating to the establishment of municipal courts; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

Representative Richardson of the 26th arose to a point of personal privilege and addressed the House.

Representative Greene of the 134th arose to a point of personal privilege and addressed the House.

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659

Representative Buckner of the 109th arose to a point of personal privilege and addressed the House.

Representative Floyd of the 132nd arose to a point of personal privilege and addressed the House.

Representative Westmoreland of the 86th arose to a point of personal privilege and addressed the House.

Representative Orrock of the 51st arose to a point of personal privilege and addressed the House.

Representative Purcell of the 122nd arose to a point of personal privilege and addressed the House.

Representative Mangham of the 62nd 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 113. By Representatives McBee of the 74th, Heard of the 75th and Smith of the 76th:
A RESOLUTION commending Johnathan N. Haley as the winner of the 2002 Georgia Occupational Award of Leadership and inviting him to appear before this body; and for other purposes.

HR 114. By Representatives McBee of the 74th, Heard of the 75th and Smith of the 76th:
A RESOLUTION recognizing and comending the Athens Chamber of Commerce on its 100th anniversary and inviting representatives to appear before this body; and for other purposes.

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HR 135. By Representatives Floyd of the 132nd and Coleman of the 118th:
A RESOLUTION recognizing and commending Miss Laura Bland, 2003 Georgia Watermelon Queen, and inviting her to appear before the House of Representatives; and for other purposes.

HR 149. By Representatives Purcell of the 122nd, Coleman of the 118th, Powell of the 23rd and Smith of the 76th:
A RESOLUTION recognizing and commending Cole Ryles and inviting him to appear beforre the House of Representatives; and for other purposes.

HR 178. By Representatives Purcell of the 122nd, Smith of the 76th and Douglas of the 73rd:
A RESOLUTION recognizing 4-H Day at the state capitol and inviting Cole Ryles, Dr. Roger C. (Bo) Ryles, and Dr. Gale A. Buchanan to appear before the House of Representatives; and for other purposes.

The following Resolution of the House was read and adopted:

HR 239. By Representative Morris of the 120th: A RESOLUTION commending Rebecca Paul; and for other purposes.

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

HR 240. By Representatives Buckner of the 82nd, Barnes of the 84th, Post 2, Hill of the 81st, Dodson of the 84th, Post 1, McClinton of the 59th, Post 1 and others:
A RESOLUTION commending the Leadership Clayton Class of 2002-2003 and inviting the group to appear in the House of Representatives; and for other purposes.

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661

HR 241. By Representatives Royal of the 140th, Scott of the 138th, Coleman of the 118th, Shaw of the 143rd, Skipper of the 116th and others:
A RESOLUTION inviting Honorable Saxby Chambliss to appear before the House of Representatives; and for other purposes.

HR 242. By Representatives Bruce of the 45th, Williams of the 61st, Post 2, Mosby of the 59th, Post 3, Fludd of the 48th, Post 4, Thomas of the 33rd, Post 2 and others:
A RESOLUTION honoring A. Phillip Randolph Elementary School and inviting Principal Bobby Tuggle to appear before the House of Representatives; and for other purposes.

HR 243. By Representatives Boggs of the 145th, Shaw of the 143rd and Coleman of the 118th:
A RESOLUTION commending the 2002 Clinch County High School football team and inviting the team, Head Coach Cecil Barber, and the assistant coaches to appear before the House of Representatives; and for other purposes.

HR 244. By Representatives Greene-Johnson of the 60th, Post 3, Stephenson of the 60th, Post 1, Watson of the 60th, Post 2, Mobley of the 58th, Williams of the 61st, Post 2 and others:
A RESOLUTION commending and congratulating Ruth Johnson 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 and Resolution of the House were taken up for consideration and read the third time:

HR 173. By Representatives Skipper of the 116th, Smyre of the 111th, Porter of the 119th and Orrock of the 51st

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A RESOLUTION
Amending the Rules of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House of Representatives are amended as follows:
SECTION 1. House Rule 5 is amended to read as follows:
"Rule 5. The Speaker shall appoint the following standing committees: (1) Administrative Services. (2) Agriculture and Consumer Affairs. (3) Appropriations. (4) Arts and Humanities. (5) Banks and Banking. (6) Children and Youth. (7) Defense and Veterans Affairs. (8) Economic Development and Tourism. (9) Education. (10) Ethics. (11) Game, Fish, and Parks. (12) Governmental Affairs. (13) Health and Ecology Human Services. (14) Higher Education. (15) Human Relations and Aging. (16) Industrial Relations. (17) Insurance. (18) Interstate Cooperation. (19) Intragovernmental Coordination. (20) Journals. (21) Judiciary. (22) Legislative and Congressional Reapportionment. (23) Motor Vehicles. (24) Natural Resources and Environment. (25) Public Safety. (26) Public Utilities and Telecommunications. (27) Regulated Beverages Industries. (28) Retirement. (29) Rules. (30) Special Judiciary. (31) State Institutions and Property. (32) State Planning and Community Affairs. (33) Transportation.

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(34) Ways and Means."
SECTION 2. The second paragraph of Rule 6 is amended to read as follows:
"No member of the House shall be appointed to or serve on less than two or more than three standing committees of the House, with the exception of the Committee on Ethics, the Committee on Interstate Cooperation, and the Committee on Intragovernmental Coordination, and the Committee on Administrative Services."
SECTION 3. The fourth paragraph of Rule 6 is amended to read as follows:
"The chairman chairperson and vice chairman chairperson of the Committee on Appropriations shall be ex officio members of the Committee on Ways and Means, and the chairman chairperson and vice chairman chairperson of the Committee on Ways and Means shall be ex officio members of the Committee on Appropriations. The majority whip and the minority whip shall be ex officio members of the Committee on Ways and Means. The chairperson of the Committee on Ethics shall be an ex officio member of the Committee on Judiciary. Such ex officio members shall have a vote on such committees."
SECTION 4. The final paragraph of Rule 12 is amended to read as follows: "Except for the presentation of the chaplain and the doctor of the day, no No member shall be recognized for the purpose of introducing visitors in the gallery or on the floor of the House, except as authorized by the Speaker or by a previously adopted resolution. The Speaker shall not recognize the presence of visitors in the gallery unless the Speaker deems their presence to be of such importance as to outweigh the value of continuing the business of the House. No person who is not a member of the House shall be recognized to speak unless such person shall have first been so invited by the adoption of a resolution on or before the previous day. Any person who has been invited to speak before the House as a result of the adoption of a resolution shall not address the House until the period after the conclusion of the third reading of bills and resolutions or immediately after the House reconvenes after any recess and prior to the transaction of any other business, except that the Speaker shall have the discretion to waive this restriction when warranted by the prominence of the person or the significance of the occasion."

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

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Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock
Brooks Y Broome Y Brown
Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Hill, C.A Y Hill, V Y Hines E Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey E Maxwell Y McBee Y McCall Y McClinton
Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner
Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E E Williams, R Y Wix Y Yates
Coleman, Speaker

On the adoption of the Resolution, the ayes were 168, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 263. By Representatives Smith of the 13th, Post 2, Noel of the 44th, Stephens of the 123rd and Burmeister of the 96th:
A BILL to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to change the provisions relating to the Department of Transportation's participation with state funds in mass transportation systems and services and in the construction and improvement of facilities, equipment, and capital projects for use in mass

TUESDAY, FEBRUARY 18, 2003

665

transportation service; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe N Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux
Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell N Casas Y Chambers Y Channell Y Childers N Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart E Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall Y Hembree Y Henson
Hill, C

Y Hill, C.A Y Hill, V Y Hines E Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins N Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey E Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

N Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham
Parrish E Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R N Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E E Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 161, nays 10. The Bill, having received the requisite constitutional majority, was passed.

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Representatives Jones of the 38th and Stephenson of the 60th, Post 1 stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 53.

By Representative Childers of the 13th, Post 1:
A BILL to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to provide for the appointment of an organ recipient to the Advisory Board on Anatomical Gift Procurement; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to provide for the appointment of an organ recipient to the Advisory Board on Anatomical Gift Procurement; 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 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, is amended by striking subsection (a) of Code Section 44-5-149, relating to creation of the Advisory Board on Anatomical Gift Procurement, membership, terms, officers, meetings, and compensation, and inserting in its place the following:
"(a) There is created an advisory board to be known as the Advisory Board on Anatomical Gift Procurement. The board shall be composed of the following appointed persons:
(1) The Governor shall appoint: (A) One representative of an eye bank; (B) One representative of a tissue bank; (C) One representative of a bone bank; (D) One representative of an organ procurement organization; (E) One representative of hospitals in this state; (F) One representative of the medical profession in this state; (G) One representative of the Department of Human Resources; (H) One representative of the Department of Community Health; and (I) Reserved; and

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667

(J) One medical examiner; (2) The members specified in subparagraphs (A) through (J) (I) of paragraph (1) of this subsection shall appoint one consumer member who has been the recipient of an organ and who has no professional connection with any entity specified in subparagraphs (A) through (J) (I) of paragraph (1) of this subsection; (3) The Speaker of the House of Representatives shall appoint three members of the House of Representatives; and (4) The President of the Senate shall appoint three members of the Senate."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Franklin of the 17th, Keen of the 146th, and Westmoreland of the 86th move to amend the committee substitute to HB 53 by adding after line 5 on page 2 a new Section 2 to read as follows:
SECTION 2. Said article is further amended by adding a new subsection (e) to Code Section 44-5-149, relating to creation of the Advisory Board on Anatomical Gift Procurement, membership, terms, officers, meeting, and compensation, to read as follows:
'(e) This Code section and Code Section 44-5-150 shall be repealed on June 30, 2004.'
By redesignating Section 2 on line 6 of page 2 as Section 3.

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

N Amerson N Anderson N Ashe N Bannister
Barnard N Barnes N Beasley-Teague N Benfield N Birdsong N Black
Boggs N Bordeaux N Borders Y Bridges

N Day Dean
N Deloach Dix
N Dodson Y Dollar N Dooley Y Douglas N Drenner Y Dukes Y Ehrhart E Elrod N Epps N Fleming

Y Hill, C.A N Hill, V Y Hines E Holmes N Houston N Howard N Howell N Hudson N Hugley N Jackson N James N Jamieson N Jenkins N Jones

N Mobley N Moraitakis N Morris N Mosby N Mosley N Murphy, J N Murphy, Q N Noel N Oliver, B N Oliver, M N O'Neal N Orrock N Parham
Parrish

N Sims N Sinkfield N Skipper N Smith, B Y Smith, L N Smith, P N Smith, T
Smith, V N Smyre N Snow N Stanley-Turner N Stephens, E
Stephens, R N Stephenson

668
Y Brock N Brooks N Broome Y Brown N Bruce N Buck N Buckner, D N Buckner, G Y Bunn N Burkhalter N Burmeister Y Butler N Campbell
Casas Y Chambers N Channell N Childers Y Coan
Coleman, B N Cooper
Crawford N Cummings

JOURNAL OF THE HOUSE

N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin N Gardner N Golick N Graves, D Y Graves, T N Greene N Greene-Johnson N Hanner N Harbin Y Harper Y Harrell N Heard, J N Heard, K Y Heath N Heckstall N Hembree N Henson Y Hill, C

N Jordan Y Joyce Y Keen Y Knox N Lane N Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham N Manning N Marin N Martin Y Massey E Maxwell N McBee N McCall N McClinton N Millar N Mills N Mitchell

E Parsons N Porter N Powell N Purcell N Ralston N Randall N Ray N Reece, B N Reece, S Y Rice N Richardson N Roberts, J N Roberts, L N Rogers, C N Rogers, Ch. N Royal Y Rynders N Sailor N Scott N Shaw Y Sheldon N Sholar

N Stokes N Stoner N Teilhet N Teper N Thomas, A N Thomas, A.M N Thompson N Twiggs N Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland Y White N Wilkinson N Willard N Williams, A N Williams, E E Williams, R N Wix
Yates Coleman, Speaker

On the adoption of the amendment, the ayes were 32, nays 131. 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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard N Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders

Y Day Dean
Y Deloach Dix
Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart E Elrod Y Epps

Y Hill, C.A Y Hill, V Y Hines E Holmes
Houston Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R

Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper
Crawford Y Cummings

TUESDAY, FEBRUARY 18, 2003

Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey E Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Parrish E Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

669
Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E E Williams, R Y Wix
Yates Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 166, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Buck of the 112th moved that consideration of HB 287 be postponed until Wednesday, February 26, 2003.
The motion prevailed.

The following Resolutions of the House were read and adopted:

HR 245. By Representative Howell of the 92nd:
A RESOLUTION commending Angela Adams, STAR Student; and for other purposes.

HR 246. By Representative Birdsong of the 104th:

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A RESOLUTION commending Reverend Doctor Arthur Hughes, Sr.; and for other purposes.

HR 247. By Representatives Wix of the 33rd, Post 1, Dooley of the 33rd, Post 3, Teilhet of the 34th, Post 2, Stoner of the 34th, Post 1 and Thomas of the 33rd, Post 2:
A RESOLUTION commending Mayor Joe Jerkins; and for other purposes.

HR 248. By Representatives Mangham of the 62nd, Bunn of the 63rd, Watson of the 60th, Post 2, Greene-Johnson of the 60th, Post 3 and Stephenson of the 60th, Post 1:
A RESOLUTION recognizing and commending Rockdale County; and for other purposes.

HR 249. By Representative Dollar of the 31st:
A RESOLUTION recognizing and commending the bicentennial of the Demosthenian Literary Society; and for other purposes.

HR 250. By Representatives Jackson of the 124th, Post 1 and Childers of the 13th, Post 1:
A RESOLUTION recognizing February 21, 2003, as "Give Kids A Smile Day"; and for other purposes.

HR 251. By Representatives Burmeister of the 96th and Murphy of the 97th:
A RESOLUTION commending the Westside High School Lady Patriots Soccer team; and for other purposes.

HR 252. By Representatives Orrock of the 51st, Mosby of the 59th, Post 3, Childers of the 13th, Post 1, Coleman of the 65th, Stephenson of the 60th, Post 1 and others:
A RESOLUTION recognizing February 18, 2003 as Social Work Student

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671

Lobby Day at the Capitol and March 2003 as Professional Social Work Month in Georgia; and for other purposes.

HR 253. By Representatives Burmeister of the 96th and Murphy of the 97th:
A RESOLUTION commending Coach Gerald Barnes; and for other purposes.

HR 254. By Representatives Sholar of the 141st, Post 1, Broome of the 141st, Post 2 and Greene of the 134th:
A RESOLUTION commending Potter Street Elementary School; and for other purposes.

HR 255. By Representatives Heard of the 70th, Post 3, Mitchell of the 61st, Post 3, Williams of the 128th, Williams of the 61st, Post 2, Thomas of the 43rd, Post 1 and others:
A RESOLUTION recognizing March 8, 2003, as Gwinnett County Alumnae Chapter of Delta Sigma Theta Sorority, Inc. Day; and for other purposes.

Representative Holmes of the 48th District, Post 1, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 81 Do Pass

Respectfully submitted, /s/ Holmes of the 48th, Post 1
Chairman

Representative Powell of the 23rd District, Chairman of the Committee on

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Governmental Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 194 Do Pass, by Substitute HB 327 Do Pass, by Substitute

Respectfully submitted, /s/ Powell of the 23rd
Chairman

Representative Snow of the 1st District, Chairman of the Committee on Public Safety, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 173 Do Pass, as Amended HB 188 Do Pass, as Amended

Respectfully submitted, /s/ Snow of the 1st
Chairman

Representative Smyre of the 111th 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:

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HR 231 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Representative Royal of the 140th 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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 21 Do Pass

Respectfully submitted, /s/ Royal of the 140th
Chairman

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

HR 231. By Representatives Lucas of the 105th, Randall of the 107th, Birdsong of the 104th, Graves of the 106th, Jenkins of the 93rd and others:
A RESOLUTION welcoming citizens and public officials from Macon and Bibb County, recognizing the 2003 Cherry Blossom Festival, and inviting the mayor of the City of Macon, the chairperson of the Board of Commissioners of Bibb County, the chairperson of the Keep Macon-Bibb Beautiful Commission, and representatives from the International Cherry Blossom Festival to appear before this body; and for other purposes.

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 1:00 o'clock, P.M., Wednesday, February 26, 2003.

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Representative Hall, Atlanta, Georgia Wednesday, February 26, 2003

The House met pursuant to adjournment at 1:00 o'clock, P.M., this day and was called to order by the Speaker.

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

Amerson Anderson Bannister Barnard Barnes Benfield Birdsong Black Boggs Borders Bridges Brock Brooks Broome Brown Bruce Buck Buckner, D Buckner, G E Bunn Burkhalter Burmeister Butler Campbell Casas Chambers Channell Childers E Coleman, B

Cooper Crawford Cummings Day Dodson Dollar Dooley Douglas Drenner Ehrhart E Elrod Epps Fleming Floyd, H Floyd, J Fludd Forster Franklin Golick Graves, D Graves, T Harbin Harper Harrell Heard, J Heath Hembree Henson Hill, C

Hill, C.A Hill, V Hines E Holmes Houston Howell Hudson Jackson Jamieson Jones Jordan Joyce Keen Knox Lane Lewis Lord Lucas Lunsford Maddox Manning Marin Martin Massey Maxwell McBee McCall Millar Mills

Moraitakis Morris Mosby Mosley Murphy, J Murphy, Q Noel Oliver, B Oliver, M O'Neal Parrish Parsons Porter Powell Purcell Ralston Randall Ray Reece, S Rice Richardson Roberts, J Roberts, L Rogers, C Rogers, Ch. Royal Rynders Sailor Scott

Shaw Sheldon Sholar Sims Skipper Smith, B Smith, L Smith, P Smith, T Smith, V Snow Stephens, E Stephens, R Stoner Teilhet Teper Thomas, A Thompson Twiggs Warren Westmoreland White Wilkinson Willard Williams, A Williams, E Williams, R Wix Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Ashe of the 42nd, Post 2, Beasley-Teague of the 48th, Post 2, Bordeaux of the 125th, Coan of the 67th, Post 1, Coleman of the 65th, Dean of the 49th, DeLoach of the 127th, Dix of the 70th, Post 2, Dukes of the 136th, Greene of the 134th, Greene-Johnson of the 60th, Post 3, Hanner of the 133rd, Heard of the 75th, Heckstall of the 48th, Post 3, Hugley of the 113th, James of the 114th, Jenkins of the 93rd, Mangham of the 62nd, Mitchell of the 61st, Post 3, Mobley of the 58th, Orrock of the 51st, Parham of the 94th, Reece of the 11th, Sinkfield of the 50th, Smyre of the 111th, Stanley-Turner

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of the 43rd, Post 2, Stephenson of the 60th, Post 1, Stokes of the 72nd, Thomas of the 43rd, Post 1, Walker of the 71st, Post 1, Walker of the 115th, Watson of the 60th, Post 2, and Yates of the 85th, Post 1.
They wish to be recorded as present.

Prayer was offered by the Reverend Ronnie O. Howell, Pastor, Alma/Elizabeth Chapel United Methodist Church, Alma, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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

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HB 478. By Representatives Massey of the 24th, McBee of the 74th, Jamieson of the 22nd, Westmoreland of the 86th, Walker of the 115th and others:
A BILL to amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions relative to education, so as to provide for offenses relating to giving or receiving compensation as an inducement for an employee of a local board of education, local unit of administration, or public postsecondary institution of education to recommend a product, item, goods, or services for purchase or lease by a student; and for other purposes.

Referred to the Committee on Higher Education.

HB 479. By Representatives Fleming of the 79th, Oliver of the 56th, Post 2 and Sinkfield of the 50th:
A BILL to amend Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, so as to change provisions relating to the county multiagency child fatality review committee and chairperson thereof; to change provisions relating to the membership and powers of the Georgia Child Fatality Panel; and for other purposes.

Referred to the Committee on Children & Youth.

HB 480. By Representatives Cummings of the 19th and McBee of the 74th:
A BILL to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees' Retirement System of Georgia, so as to provide that a member of such retirement system who has at least 25 years of creditable service may obtain creditable service by paying the full actuarial value of such service; and for other purposes.

Referred to the Committee on Retirement.

HB 481. By Representatives Channell of the 77th, Graves of the 106th, Royal of the 140th and Day of the 126th:

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A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for a phased-in exemption with respect to sales of eligible food and beverages dispensed by or through vending machines; and for other purposes.

2/18/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 481. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Channell District 77

Referred to the Committee on Ways & Means.

HB 482. By Representatives Lunsford of the 85th, Post 2, Watson of the 60th, Post 2, Dodson of the 84th, Post 1, Barnes of the 84th, Post 2, Yates of the 85th, Post 1 and others:
A BILL to provide for a homestead exemption from certain Henry County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.

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

HB 483. By Representatives Murphy of the 97th, Beasley-Teague of the 48th, Post 2, Powell of the 23rd and Warren of the 99th:
A BILL to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to change certain provisions relating to examination of applicants; to provide that licensed driver training schools may conduct road tests for applicants for drivers' licenses; to provide for approval by the department of driver training schools;

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to provide that it shall be a misdemeanor to a licensed driving instructor to falsely certify that an applicant has passed a road test; and for other purposes.

2/18/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 483. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Murphy District 97

Referred to the Committee on Motor Vehicles.

HB 484. By Representatives Jenkins of the 93rd, Boggs of the 145th and Mangham of the 62nd:
A BILL to amend Code Section 17-5-54 of the Official Code of Georgia Annotated, relating to disposition of personal property in custody of a law enforcement agency, so as to change the provisions relating to the disposition of personal property in custody of a law enforcement agency; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 485. By Representatives Randall of the 107th, Birdsong of the 104th, Jenkins of the 93rd, Graves of the 106th and Ray of the 108th:
A BILL to amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts, so as to regulate certain agreements between cigarette dealers and manufacturers; to prohibit certain agreements; to provide definitions; to provide that certain contracts are void; to provide for damages, injunctive or other equitable relief, class actions, and punitive damages; and for other purposes.

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Referred to the Committee on Governmental Affairs.

HB 486. By Representatives Scott of the 138th, Houston of the 139th and Roberts of the 131st:
A BILL to amend Code Section 32-4-22 of the Official Code of Georgia Annotated, relating to creation of the Developmental Highway System, so as to change the description of road corridors included within such system; and for other purposes.

Referred to the Committee on Transportation.

HB 487. By Representative Watson of the 60th, Post 2:
A BILL to amend Chapter 15 of Title 12 of the Official Code of Georgia Annotated, relating to sewage holding tanks, so as to provide for regulation of removal, transport, and disposal of certain waste removed from grease traps, sand traps, oil-water separators, or grit traps that are not connected to on-site sewage management systems; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 488. By Representatives Purcell of the 122nd and Stephens of the 123rd:
A BILL to amend an Act entitled "An Act to reconstitute the board of education of Effingham County," so as to provide for the nonpartisan election of the members of the board of education; and for other purposes.

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

HB 489. By Representatives Buckner of the 82nd, Dodson of the 84th, Post 1, Lunsford of the 85th, Post 2, Barnes of the 84th, Post 2, Manning of the 32nd 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

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to provide for the reimbursement at a prescribed level of care for the cost of care of children taken into protective custody; and for other purposes.

Referred to the Committee on Children & Youth.

HB 490. By Representatives Noel of the 44th, Rogers of the 15th, Howell of the 92nd, White of the 3rd, Post 2, Floyd of the 69th, Post 2 and others:
A BILL to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to provide for destruction of certain fingerprint records; to provide for certain disclosures; to prohibit the requirement of fingerprinting and similar identification of applicants for drivers' licenses and identification cards; to prohibit the requirement of fingerprinting and similar identification of applicants for identification cards with disabilities; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 491. By Representatives Powell of the 23rd, Porter of the 119th, Parham of the 94th and Black of the 144th:
A BILL to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide that certain employees of the Department of Motor Vehicle Safety shall be entitled to certain retirement benefits offered to law enforcement officers; to provide for an enhanced employer contribution by the Department of Motor Vehicle Safety; and for other purposes.

Referred to the Committee on Retirement.

HB 492. By Representatives Richardson of the 26th, O`Neal of the 117th, Royal of the 140th, Parrish of the 102nd and Burkhalter of the 36th:
A BILL to amend Code Section 48-7-40.17 of the Official Code of Georgia Annotated, relating to the income tax credit regarding establishing or relocating headquarters, so as to change a definition; to change certain procedures, conditions, and limitations; and for other purposes.

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Referred to the Committee on Ways & Means.

HB 493. By Representatives Drenner of the 57th, Dean of the 49th, Moraitakis of the 42nd, Post 4, Benfield of the 56th, Post 1, Broome of the 141st, Post 2 and others:
A BILL to amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages generally, so as to authorize the governing authority of a county or municipality to permit the sale of alcoholic beverages for consumption on the premises until 4:30 A.M. each day and beginning at 12:30 P.M. on Sundays; to provide that such authorization shall be by resolution or ordinance approved in a referendum; and for other purposes.

Referred to the Committee on Regulated Industries.

HB 494. By Representatives Hill of the 16th, McBee of the 74th, Rogers of the 15th, Cummings of the 19th, Skipper of the 116th and others:
A BILL to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Funk Heritage/Bennett Center at Reinhardt College as Georgia's official Frontier and Southeastern Indian Interpretive Center; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 495. By Representatives Greene-Johnson of the 60th, Post 3, Watson of the 60th, Post 2, Mitchell of the 61st, Post 3, Williams of the 61st, Post 2, Noel of the 44th 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 provide that all real property previously used as an industrial or chemical or landfill site shall be tested for hazardous contamination prior to the construction of any public or private school, recreational facility, or residential community development on such site; to condition the issuance of a construction permit on such testing; and for other purposes.

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Referred to the Committee on Natural Resources & Environment.

HB 496. By Representatives Greene-Johnson of the 60th, Post 3, Mitchell of the 61st, Post 3, Williams of the 61st, Post 2, Fludd of the 48th, Post 4, Mangham of the 62nd and others:
A BILL to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, so as to prohibit the granting of a permit for a municipal solid waste landfill if such landfill is to be located within three miles of any residence; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 497. By Representatives Porter of the 119th, Birdsong of the 104th, Lucas of the 105th, Coleman of the 118th, Randall of the 107th and others:
A BILL to amend Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, so as to create the East Central Georgia Railroad Excursion Authority; and for other purposes.

Referred to the Committee on Economic Development and Tourism.

HB 498. By Representatives Cummings of the 19th, Skipper of the 116th, Smyre of the 111th and Porter of the 119th:
A BILL to amend Code Section 47-2-96.1 of the Official Code of Georgia Annotated, relating to creditable service in the Employees' Retirement System of Georgia for certain temporary full-time service, so as to change certain provisions relating to allowable service; and for other purposes.

Referred to the Committee on Retirement.

HB 499. By Representative Joyce of the 2nd:

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A BILL to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry a pistol or revolver and temporary renewal permit, so as to provide that a person serving as a law enforcement officer may obtain such a license without paying a fee; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 500. By Representative Hanner of the 133rd:
A BILL to provide that future elections for the office of chief magistrate of Terrell County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; and for other purposes.

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

HB 501. By Representative Hanner of the 133rd:
A BILL to provide that future elections for the office of probate judge of Terrell County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; and for other purposes.

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

HB 502. By Representatives Bordeaux of the 125th, Campbell of the 39th and Benfield of the 56th, Post 1:
A BILL to amend Code Section 15-11-18 of the Official Code of Georgia Annotated, relating to creation of juvenile courts and provisions relative to juvenile court judges, so as to provide for salary adjustments for full-time and part-time juvenile court judges who are paid with state funds; and for other purposes.

Referred to the Committee on Judiciary.

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HB 503. By Representatives Keen of the 146th, Buck of the 112th, Smith of the 129th, Post 2, Mosley of the 129th, Post 1, Day of the 126th and others:
A BILL to amend Part 1 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions of the State Road and Tollway Authority, so as to provide for an exemption from a toll for access to a causeway on to a barrier island for certain motor vehicle owners who are residents of the county in which the causeway is located; and for other purposes.

Referred to the Committee on Transportation.

HB 504. By Representatives Royal of the 140th, Buck of the 112th, Parham of the 94th, Borders of the 142nd, Floyd of the 132nd and others:
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 definitions; to change certain provisions regarding exemptions with respect to motor fuels; to change certain provisions regarding dealers' sales and use tax returns; to provide for prepayment of certain taxes with respect to motor fuels; and for other purposes.

Referred to the Committee on Ways & Means.

HB 505. By Representative Hanner of the 133rd:
A BILL to repeal an Act providing for a four-month vehicle registration period for Webster County; to specify the vehicle registration period for Webster County; and for other purposes.

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

HB 506. By Representatives Lunsford of the 85th, Post 2, Boggs of the 145th, Sims of the 130th, Keen of the 146th, Skipper of the 116th and others:
A BILL to amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built structures, so as to provide for

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record ownership of manufactured homes and mobile homes and their status as personal or real property; to provide how such homes may be converted from personal property to real property and vice versa; to provide for filings with the commissioner of motor vehicle safety and the clerk of superior court and the practice and procedure in connection with such filings; to provide for related matters; to repeal Code Section 40-3-31.1 of the Official Code of Georgia Annotated, relating to replacement certificates of title for mobile homes; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 507. By Representatives Benfield of the 56th, Post 1 and Oliver of the 56th, Post 2:
A BILL to amend Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to allow the court to award attorneys' fees and expenses of litigation; and for other purposes.

Referred to the Committee on Judiciary.

HB 508. By Representatives Teilhet of the 34th, Post 2 and Smith of the 13th, Post 2:
A BILL to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions of labor and industrial relations, so as to provide that an employer shall allow an employee who is a victim of a crime to take unpaid leave to attend judicial proceedings related to the crime; to provide that it shall be unlawful for an employer to penalize an employee who is absent from employment to attend judicial proceedings related to the crime; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 509. By Representatives Jones of the 38th, Burkhalter of the 36th, Coleman of the 65th and Reece of the 21st:
A BILL to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to

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change certain provisions relating to adoption of comprehensive ordinances related to land-disturbing activities and delegation of responsibility to planning and zoning commissions; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 510. By Representatives Jones of the 38th, Burkhalter of the 36th, Smith of the 87th, Reece of the 21st, Wilkinson of the 41st and others:
A BILL to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures of local government, so as to provide for a time period between the general election and the date on which members of a local governing authority of a county take office during which zoning power may not be exercised; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 511. By Representatives Jones of the 38th and Burkhalter of the 36th:
A BILL to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to control of water pollution and surface water use, so as to provide as a condition of permit for approval by each county local governing authority when a private waste-water treatment facility located in one county seeks to serve another county; to provide as a condition of permit for approval by each county local governing authority for a private waste-water treatment facility to be constructed within one-half mile of an adjoining county; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 512. By Representative Keen of the 146th:
A BILL to amend an Act placing the Sheriff of Glynn County on an annual salary, so as to authorize the appointment of an undersheriff; to provide for the qualifications of the undersheriff; to provide that the undersherriff shall succeed to the office of sheriff upon vacancy in said office; and for other purposes.

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

HB 513. By Representative Twiggs of the 8th:
A BILL to amend Code Section 48-6-69 of the Official Code of Georgia Annotated, relating to recording, payment, and certification of intangible tax and certain instruments, so as to change the method of payment of such tax and recording of such instruments with respect to encumbered real property located in more than one county; and for other purposes.

Referred to the Committee on Ways & Means.

HB 514. By Representatives Bordeaux of the 125th, Stephens of the 123rd, Ashe of the 42nd, Post 2, Shaw of the 143rd, Broome of the 141st, Post 2 and others:
A BILL to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for funding of projects and services through the levy and collection of a municipal option sales and use tax; and for other purposes.

Referred to the Committee on Ways & Means.

HB 515. By Representatives Richardson of the 26th, O`Neal of the 117th and Coleman of the 65th:
A BILL to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for the comprehensive revision of provisions regarding education accountability; to eliminate the Office of Education Accountability; to create the Office of Student Achievement of the Department of Education; to change certain provisions regarding alternative education programs; and for other purposes.

Referred to the Committee on Education.

HB 516. By Representatives Richardson of the 26th, O`Neal of the 117th and Coleman of the 65th:

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A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for the comprehensive revision of provisions regarding education flexibility and accountability; to eliminate the Office of Education Accountability; to provide for powers, duties, and responsibilities of the Office of Student Achievement of the Department of Education; and for other purposes.
Referred to the Committee on Education.
HB 517. By Representatives Porter of the 119th, Powell of the 23rd and Harbin of the 80th:
A BILL to amend Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, "The Retail Installment and Home Solicitation Sales Act," so as to change provisions relating to late fees and dishonor fees which may be charged in retail installment contracts and revolving accounts; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 518. By Representative Morris of the 120th:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit with respect to qualified health insurance expenses; and for other purposes.
2/18/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 518. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Morris District 120

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Referred to the Committee on Ways & Means.

HB 519. By Representatives Rogers of the 20th, Reece of the 21st, Mills of the 67th, Post 2, Amerson of the 9th, Murphy of the 14th, Post 2 and others:
A BILL to amend Code Section 12-3-318 of the Official Code of Georgia Annotated, relating to purposes for which income, gifts, grants, appropriations, bonds, or loans may be used by the Lake Lanier Islands Development Authority, so as to require certain allocation of certain funds received by the authority; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 520. By Representative Lucas of the 105th:
A BILL to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use taxation, so as to provide for a temporary change in the rate of such taxation; and for other purposes.

2/20/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 520. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Lucas District 105

Referred to the Committee on Ways & Means.

HB 521. By Representatives Porter of the 119th, Wilkinson of the 41st, McBee of the 74th, Parrish of the 102nd, Childers of the 13th, Post 1 and others:
A BILL to amend Article 1 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to definitions related to postsecondary education,

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so as to require postsecondary educational institutions to provide information about meningococcal meningitis to enrolled students; to require documentation that a student has received and reviewed information about meningococcal meningitis and has chosen not to be vaccinated; and for other purposes.

Referred to the Committee on Higher Education.

HB 522. By Representative Teper of the 42nd, Post 1:
A BILL to amend Article 2A of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the homestead option sales and use tax, so as to change provisions relating to the call of the election; to change provisions with respect to disbursement of the proceeds of such tax; and for other purposes.

Referred to the Committee on Ways & Means.

HB 523. By Representatives Williams of the 128th, Keen of the 146th, Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:
A BILL to provide for the creation of a community improvement district in Glynn County; to provide for a short title; to provide for the purposes of said district; to provide for a board to administer said district; to provide for authorized contents of agreements and instruments of the board generally, use of proceeds of sale of bonds, notes, or other obligations, and subsequent issues of bonds, notes, or other obligations; and for other purposes.

Referred to the Committee on Economic Development and Tourism.

HB 524. By Representatives Watson of the 60th, Post 2 and Drenner of the 57th:
A BILL to increase state funded compensation for child care; 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 for the same rate of compensation for voluntary pre-kindergarten programs to licensed child care learning centers and public schools; to provide for training and education

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supplements in certain circumstances; to amend Article 9 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to the Temporary Assistance to Needy Families Act; and for other purposes.

Referred to the Committee on Education.

HB 525. By Representatives Watson of the 60th, Post 2 and Drenner of the 57th:
A BILL to provide for the application of certain standards to certain public schools, part-time day-care centers, day camping programs, and day-care centers that are not paid for their services; 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 certain contracts for pre-kindergarten programs require compliance with certain licensing requirements; to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth; and for other purposes.

Referred to the Committee on Education.

HB 526. By Representatives Channell of the 77th, Shaw of the 143rd and Buck of the 112th:
A BILL to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to indigent and elderly patients, so as to enact the "Nursing Home Provider Fee Act"; to provide for a fee to be imposed on nursing home revenues; to provide for the Department of Community Health to collect provider fees; to provide for a method for calculating a provider fee; and for other purposes.

Referred to the Committee on Appropriations.

HB 527. By Representative Sims of the 130th:
A BILL to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the ad valorem taxation of motor vehicles and mobile homes, so as to provide that farm equipment held in inventory for resale shall be exempt from taxation; and for other purposes.

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2/26/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 527. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Sims District 130

Referred to the Committee on Ways & Means.

HB 528. By Representative Burkhalter of the 36th:
A BILL to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for preferential assessment of bona fide conservation use property consisting of certain constructed storm-water wetlands; to change certain provisions relating to assessment of tangible property; to change certain provisions relating to bona fide conservation use property and bona fide residential transitional property; and for other purposes.

2/26/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 528. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Burkhalter District 36

Referred to the Committee on Ways & Means.

HB 529. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:

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693

A BILL to amend Part 1 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax receivers, so as to change certain provisions regarding the accumulation of statistical information with respect to taxpayers; to require the accumulation of certain additional information; to provide for confidentiality with respect to such information; to provide for authorized uses of such information; and for other purposes.

Referred to the Committee on Ways & Means.

HB 530. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes, so as to change certain provisions regarding the amount and method of computing certain taxes on insurance premiums; and for other purposes.

Referred to the Committee on Ways & Means.

HB 531. By Representative Royal of the 140th:
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 preferential assessment of environmentally contaminated property; to change certain provisions regarding definitions; to change certain provisions regarding assessment of property; and for other purposes.

Referred to the Committee on Ways & Means.

HB 532. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL 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 provide for an additional method of complying with open records requests; and for other purposes.

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2/26/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 532. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Royal District 140

Referred to the Committee on Ways & Means.

HB 533. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Code Section 48-1-8 of the Official Code of Georgia Annotated, relating to computer software, so as to clarify that computer software does not include programs or routines that are not intended to be purchased separately from certain computer equipment; and for other purposes.

2/26/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 533. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Royal District 140

Referred to the Committee on Ways & Means.

HB 534. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:

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695

A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions of federal law into Georgia law; and for other purposes.

2/26/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 534. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Royal District 140

Referred to the Committee on Ways & Means.

HB 535. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Code Section 48-7-40.16 of the Official Code of Georgia Annotated, relating to income tax credits with respect to certain vehicles and certain electric vehicle chargers, so as to change the amounts of such credits; and for other purposes.

2/26/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 535. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Royal District 140

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Referred to the Committee on Ways & Means.

HB 536. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide for extended filing and payment dates with respect to certain returns which have been electronically filed; and for other purposes.

2/26/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 536. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Royal District 140

Referred to the Committee on Ways & Means.

HB 537. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Code Section 33-1-18 of the Official Code of Georgia Annotated, relating to housing tax credits with respect to certain qualified projects, so as to change certain provisions regarding credit amounts; and for other purposes.

2/26/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 537. This notice is made prior to or upon reading the Bill the first time.

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697

/s/ Representative Royal District 140

Referred to the Committee on Ways & Means.

HB 538. By Representative Parrish of the 102nd:
A BILL to amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to change certain provisions regarding amounts payable for such redemption; and for other purposes.

Referred to the Committee on Ways & Means.

HB 539. By Representative Harbin of the 80th:
A BILL to amend Code Section 33-28-3 of the Official Code of Georgia Annotated, relating to standard nonforfeiture provisions for individual deferred annuities, so as to provide for a minimum nonforfeiture rate of 1 1/2 percent on individual deferred annuities; to provide for a sunset to such provision; and for other purposes.

Referred to the Committee on Insurance.

HB 540. By Representative Purcell of the 122nd:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit with respect to qualified reforestation expenses; and for other purposes.

Referred to the Committee on Ways & Means.

HB 541. By Representatives Stephens of the 123rd, Royal of the 140th, Lucas of the 105th, Barnard of the 121st, Post 1 and Channell of the 77th:

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A BILL to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use taxation, so as to provide for a temporary change in the rate of such taxation; and for other purposes.

2/26/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 541. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Stephens District 123

Referred to the Committee on Ways & Means.

HB 542. By Representatives Richardson of the 26th, O`Neal of the 117th, Borders of the 142nd, Shaw of the 143rd and Smith of the 110th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of certain school supplies, clothing, footwear, computers, and computer related accessories for a limited period of time; and for other purposes.

2/26/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 542. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Richardson District 26

Referred to the Committee on Ways & Means.

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699

HB 543. By Representatives Thompson of the 69th, Post 1, Porter of the 119th, Marin of the 66th, Floyd of the 69th, Post 2, Greene-Johnson of the 60th, Post 3 and others:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit with respect to qualified home improvement expenses; to provide for conditions and limitations; to provide for an income tax credit with respect to certain commercial real property located in a community improvement district; to provide for an income tax credit with respect to a business located in a community improvement district; and for other purposes.

Referred to the Committee on Ways & Means.

HB 544. By Representative Jamieson of the 22nd:
A BILL to amend Code Section 48-7-103 of the Official Code of Georgia Annotated, relating to quarterly, monthly, and jeopardy returns, so as to increase the threshold for filing monthly returns; and for other purposes.

2/26/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 544. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Jamieson District 22

Referred to the Committee on Ways & Means.

HB 545. By Representative Parrish of the 102nd:
A BILL to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rooms, lodging, and

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accommodations, so as to provide for a definition; and for other purposes.

Referred to the Committee on Ways & Means.

HB 546. By Representative Jamieson of the 22nd:
A BILL to amend Code Sectioin 47-3-101 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement under the Teachers Retirement System of Georgia, duration of benefits paid to a retired member, and payment to maintain such retirement system, so as to provide that a member with at least five years of membership service shall be vested for a benefit; and for other purposes.

Referred to the Committee on Retirement.

HB 547. By Representatives Harbin of the 80th and Keen of the 146th:
A BILL to amend Code Section 33-9-39 of the Official Code of Georgia Annotated, relating to surcharges for certain public safety employees involved in automobile accidents, so as to remove certain limitations and conditions concerning the prohibition on insurance premium surcharges for certain public safety employees who are involved in automobile accidents; and for other purposes.

Referred to the Committee on Insurance.

HB 548. By Representative Sims of the 130th:
A BILL to amend Code Section 47-2-223 of the Official Code of Georgia Annotated, relating to retirement benefits under the Employees' Retirement System of Georgia for those in service in the Uniform Division of the Department of Public Safety, so as to provide that certain members of such retirement system may elect to pay an additional employee contribution to such retirement system; to provide that any such person may retire at age 55 or after attaining at least 25 years of creditable service and receive an enhanced retirement benefit; and for other purposes.

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701

Referred to the Committee on Retirement.

HB 549. By Representatives O`Neal of the 117th and Richardson of the 26th:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to repeal Chapter 18, regarding state insurance premium tax credits with respect to certified capital companies; and for other purposes.

Referred to the Committee on Ways & Means.

HB 550. By Representatives O`Neal of the 117th and Richardson of the 26th:
A BILL to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure regarding state purchasing, so as to provide for multiyear lease, purchase, or lease purchase contracts with respect to benefits based funding projects; and for other purposes.

Referred to the Committee on Appropriations.

HB 551. By Representatives O`Neal of the 117th and Richardson of the 26th:
A BILL to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary scholarships, loans, and grants, so as to change certain provisions regarding the Georgia Student Finance Commission and the Georgia Student Finance Authority; to change certain provisions regarding the board of commissioners of the commission; to change certain provisions regarding the board of directors of the authority; and for other purposes.

Referred to the Committee on Appropriations.

HB 552. By Representatives Parham of the 94th and Powell of the 23rd: A BILL to amend Chapter 2 of Title 47 of the Official Code of Georgia

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Annotated, relating to the Employees' Retirement System of Georgia, so as to change the provisions relating to retirement allowances; to provide that certain members with at least 30 years of service shall be eligible to retire forthwith and upon retirement shall be paid not less than the service retirement allowance which would have been payable upon service retirement at the age of 65 had such members continued in service without further change in compensation; and for other purposes.

Referred to the Committee on Retirement.

HB 553. By Representatives Parham of the 94th and Powell of the 23rd:
A BILL to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to change the provisions relating to retirement allowances; to provide that certain members with at least 31 years of service shall be eligible to retire forthwith and upon retirement shall be paid not less than the service retirement allowance which would have been payable upon service retirement at the age of 65 had such members continued in service without further change in compensation; and for other purposes.

Referred to the Committee on Retirement.

HB 554. By Representatives Parham of the 94th and Powell of the 23rd:
A BILL to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to change the provisions relating to retirement allowances; to provide that certain members with at least 32 years of service shall be eligible to retire forthwith and upon retirement shall be paid not less than the service retirement allowance which would have been payable upon service retirement at the age of 65 had such members continued in service without further change in compensation; and for other purposes.

Referred to the Committee on Retirement.

HB 555. By Representatives Parham of the 94th and Powell of the 23rd:

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703

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

Referred to the Committee on Retirement.

HB 556. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for additional administrative powers, duties, and authorities of the state revenue commissioner; to provide for dissemination of certain information regarding tax executions; to provide for additional fees with respect to collection of tax liabilities; and for other purposes.

2/26/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 556. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Royal District 140

Referred to the Committee on Ways & Means.

HB 557. By Representatives Borders of the 142nd, Black of the 144th and Shaw of the 143rd:
A BILL to amend Article 3 of Chapter 23 of Title 47 of the Official Code of

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Georgia Annotated, relating to membership in the Georgia Judicial Retirement System, so as to provide that any person who was serving as a juvenile court judge on July 1, 2004, and who was not a member of any state or local retirement system or pension fund may become a member of the Georgia Judicial Retirement System; to provide that any such person may obtain up to five years of creditable service upon payment of the employer's and employee's contribution with interest; and for other purposes.

Referred to the Committee on Retirement.

HB 558. By Representatives Powell of the 23rd, DeLoach of the 127th, Boggs of the 145th and Burkhalter of the 36th:
A BILL to amend Chapter 4B of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Athletic and Entertainment Commission, so as to provide definitions; to authorize the commission to collect and remit certain tax payments; to provide for qualifications for persons 50 years of age or older seeking a license as a professional boxer; to provide for the powers of the commission upon violation of laws and regulations relating to boxing; and for other purposes.

Referred to the Committee on Governmental Affairs.

HR 257. By Representative James of the 114th:
A RESOLUTION designating a portion of SR 247 as the Robert Ray Parkway; and for other purposes.

2/19/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 257. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative James District 114

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705

Referred to the Committee on Transportation.

By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the Committees:

HB 559. By Representative Royal of the 140th:
A BILL to amend Code Section 48-7-31 of the Official Code of Georgia Annotated, relating to allocation and apportionment of income with respect to income taxation regarding corporations, so as to provide for the comprehensive revision of the allocation and apportionment formulas used to apportion income of corporations deriving income from business conducted both within Georgia and elsewhere; and for other purposes.

2/26/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 559. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Royal District 140

Referred to the Committee on Ways & Means.

HB 560. By Representative Royal of the 140th:
A BILL to amend Code Section 40-3-20 of the Official Code of Georgia Annotated, relating to applications for certificates of title for motor vehicles, so as to require proof of the payment of the sales and use tax as a precondition to titling certain motor vehicles; to provide for the collection of the tax; to provide for compensation for tag agents; and for other purposes.

2/26/2003

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Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 560. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Royal District 140

Referred to the Committee on Ways & Means.

HB 561. By Representatives Henson of the 55th, Smith of the 129th, Post 2, Ashe of the 42nd, Post 2, Royal of the 140th and Crawford of the 91st:
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 a definition; to provide for procedures, conditions, and limitations; and for other purposes.

Referred to the Committee on Appropriations.

HB 562. By Representatives Thompson of the 69th, Post 1, Wilkinson of the 41st, Mitchell of the 61st, Post 3, Dix of the 70th, Post 2, Snow of the 1st and others:
A BILL to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that Georgia taxable net income of any taxpayer shall not include income which is attributable directly to a capital gain; and for other purposes.

Referred to the Committee on Ways & Means.

HB 563. By Representatives Ashe of the 42nd, Post 2, Stanley-Turner of the 43rd, Post 2, Ehrhart of the 28th and Wix of the 33rd, Post 1:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of

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Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a job tax credit with respect to qualified biotechnology businessess; and for other purposes.

Referred to the Committee on Ways & Means.

HB 564. By Representatives Drenner of the 57th, Porter of the 119th, Benfield of the 56th, Post 1, Noel of the 44th and Gardner of the 42nd, Post 3:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide that an individual taxpayer shall be entitled to an income tax credit for the purchase of a qualified premium energy efficient appliance for use in the taxpayer's residence; to provide that the Environmental Protecton Division of the Department of Natural Resources develop standards for and certify qualified premium energy efficient appliances; and for other purposes.

Referred to the Committee on Ways & Means.

HB 565. By Representatives Drenner of the 57th, Porter of the 119th, Buckner of the 82nd, Morris of the 120th, Benfield of the 56th, Post 1 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 ad valorem tax exemptions, so as to provide for an exemption for property used to produce and generate electricity using renewable energy resources or technologies; and for other purposes.

Referred to the Committee on Ways & Means.
HB 566. By Representatives Ashe of the 42nd, Post 2, Stanley-Turner of the 43rd, Post 2, Ehrhart of the 28th and Wix of the 33rd, Post 1:
A BILL to amend Code Section 48-7-40.17 of the Official Code of Georgia Annotated, relating to the income tax credit regarding establishing or relocating headquarters, so as to change certain definitions; and for other purposes.

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Referred to the Committee on Ways & Means.

HB 567. By Representatives Ashe of the 42nd, Post 2, Stanley-Turner of the 43rd, Post 2, Ehrhart of the 28th and Wix of the 33rd, Post 1:
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 for certain biotechnology research, product development, or manufacturing; and for other purposes.

Referred to the Committee on Ways & Means.

HB 568. By Representative Smyre of the 111th:
A BILL to amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to compensation of public officials in general, so as to provide for a temporary decrease in the salary of certain officers and officials of state government; and for other purposes.

Referred to the Committee on Appropriations.

HB 569. By Representatives Ray of the 108th, Floyd of the 132nd and James of the 114th:
A BILL to provide for the dedication of certain moneys for retention and use by the Commissioner of Agriculture; to amend Article 2 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to control of pesticides; to amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to use and application of pesticides; to amend Article 3 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to equine diseases; 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; to amend Chapter 45 of Title 43 of the Official Code of Georgia Annotated, relating to persons engaged in structural pest control; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

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HB 570. By Representatives Bannister of the 70th, Post 1, Ralston of the 6th, Coan of the 67th, Post 1, Williams of the 4th and Maddox of the 59th, Post 2:
A BILL to amend Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, so as to provide that the Subsequent Injury Trust Fund shall not reimburse an employer for a subsequent injury occurring after December 31, 2003; to provide that the fund shall continue to reimburse employers for injuries occurring prior to December 31, 2003; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 571. By Representative Howard of the 98th:
A BILL to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedures for state purchasing, so as to provide that all contracts entered into by the state or its agencies, departments, or authorities after the effective date of this Act shall contain a provision authorizing the Governor to reduce the cost of such contract by an amount of up to two percent if the Governor declares that a budget emergency condition exists in the state; and for other purposes.

Referred to the Committee on Appropriations.

HB 572. By Representative Channell of the 77th:
A BILL to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to county sales and use taxes, so as to provide for public hearings prior to the imposition of the special county sales and use tax; to provide for procedures for imposition of such tax; and for other purposes.

Referred to the Committee on Ways & Means.

HR 258. By Representatives Stanley-Turner of the 43rd, Post 2, Holmes of the 48th, Post 1 and Orrock of the 51st:

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A RESOLUTION proposing an amendment to the Constitution so as to permit the General Assembly by general or local law to provide for alternative uses for the homeowner's incentive adjustment; and for other purposes.

2/26/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 258. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Stanley-Turner District 43, Post 2

Referred to the Committee on Ways & Means.

HR 259. By Representatives Drenner of the 57th, Porter of the 119th, Buckner of the 82nd, Morris of the 120th, Benfield of the 56th, Post 1 and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that property equipped with solar, geothermal, wind, water, fuel cell, or methane gas energy systems for the purpose of heating, cooling, or generating electrical energy shall constitute a separate class of property for ad valorem tax purposes and that the value of such systems shall not be subject to taxation unless otherwise provided by law; and for other purposes.

Referred to the Committee on Ways & Means.

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

HB 440 HB 441 HB 442 HB 443

HB 463 HB 464 HB 465 HB 466

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HB 444 HB 445 HB 446 HB 447 HB 448 HB 449 HB 450 HB 451 HB 452 HB 453 HB 454 HB 455 HB 456 HB 457 HB 458 HB 459 HB 460 HB 461 HB 462

HB 467 HB 468 HB 469 HB 470 HB 471 HB 472 HB 473 HB 474 HB 475 HB 476 HB 477 HR 238 HR 256 SB 11 SB 44 SB 46 SB 48 SB 102

Pursuant to Rule 52, Representative Jamieson of the 22nd moved that the following Bill of the House be engrossed:

HB 465. By Representative Jamieson of the 22nd:
A BILL to amend Code Section 48-7-103 of the Official Code of Georgia Annotated, relating to quarterly, monthly, and jeopardy returns, so as to increase the threshold for filing monthly returns; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Mosley of the 129th, Post 1 moved that the following Bill of the House be engrossed:

HB 466. By Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1, Watson of the 60th, Post 2, Oliver of the 121st, Post 2, Morris of the 120th and others:

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A BILL to amend Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to parental notification, so as to define and eliminate certain terms; to require certain types of identification to be presented in order for a physician to perform an abortion; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Stanley-Turner of the 43rd, Post 2 moved that the following Bill of the House be engrossed:

HB 467. By Representatives Stanley-Turner of the 43rd, Post 2, Boggs of the 145th, Walker of the 115th, Holmes of the 48th, Post 1 and Stokes of the 72nd:
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 that are not required to be open to the public; to change certain provisions relating to exceptions from the requirements of disclosure of public records; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Jamieson of the 22nd moved that the following Bill of the House be engrossed:

HB 468. By Representative Jamieson of the 22nd:
A BILL to amend Code Section 48-7-120 of the Official Code of Georgia Annotated, relating to failure to pay estimated income tax, so as to change the method of calculating underpayment amounts; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Jamieson of the 22nd moved that the following Bill of the House be engrossed:

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HB 469. By Representative Jamieson of the 22nd:
A BILL to amend Code Section 48-2-35 of the Official Code of Georgia Annotated, relating to tax refunds, so as to increase the period of time during which certain income tax refunds may be claimed; and for other purposes.

The motion prevailed.

Representative Floyd of the 132nd 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 53 Do Pass, by Substitute

Respectfully submitted, /s/ Floyd of the 132nd
Chairman

Representative Cummings of the 19th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 267 Do Pass, by Substitute

Respectfully submitted, /s/ Cummings of the 19th
Chairman

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Representative Smyre of the 111th 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 69 HR 211 HR 230 HR 232

Do Pass Do Pass Do Pass Do Pass

HR 233 Do Pass HR 234 Do Pass HR 242 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 416 Do Pass HB 419 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

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

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 26, 2003

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Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 20th Legislative Day as enumerated below:

HB 25 HB 307

Teachers and other personnel; certain forfeited leave; restoration Structural pest control; insurance requirements

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

Respectfully submitted, /s/ Smyre of the 111th
Chairman

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 416. By Representatives Barnard of the 121st, Post 1 and Oliver of the 121st, Post 2:
A BILL to amend an Act providing for the composition of the Board of Education for Evans County, so as to change the description of the education districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 419. By Representative Greene of the 134th:
A BILL to amend an Act providing a new charter for the City of Colquitt, so as to change the provisions regarding vacancies and the city manager; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

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

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 29. By Senators Seay of the 34th, Starr of the 44th, Clay of the 37th, Balfour of the 9th and Thomas of the 2nd:
A BILL to be entitled an Act to amend Code Section 20-2-1183 of the Official Code of Georgia Annotated, relating to prohibition of electronic pagers and communication devices, so as to authorize each local board of education to establish a policy to either permit or prohibit the possession of electronic communication devices by students in school; to repeal conflicting laws; and for other purposes.
SB 71. By Senators Smith of the 25th, Squires of the 5th and Butler of the 55th:
A BILL to be entitled an Act to amend Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements for professional counselors, social workers, and marriage and family therapists, so as to provide an exemption from such requirements for certain persons providing certain disaster relief services; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 76. By Senators Price of the 56th, Johnson of the 1st, Seabaugh of the 28th, Lamutt of the 21st, Williams of the 19th and others:
A BILL to be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials, so as to provide for a temporary, 10 percent salary reduction for certain officials; to provide an effective date; to repeal conflicting laws; and

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for other purposes.

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

SB 29.

By Senators Seay of the 34th, Starr of the 44th, Clay of the 37th, Balfour of the 9th and Thomas of the 2nd:
A BILL to be entitled an Act to amend Code Section 20-2-1183 of the Official Code of Georgia Annotated, relating to prohibition of electronic pagers and communication devices, so as to authorize each local board of education to establish a policy to either permit or prohibit the possession of electronic communication devices by students in school; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

SB 71.

By Senators Smith of the 25th, Squires of the 5th and Butler of the 55th:
A BILL to be entitled an Act to amend Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements for professional counselors, social workers, and marriage and family therapists, so as to provide an exemption from such requirements for certain persons providing certain disaster relief services; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Governmental Affairs.

SB 76.

By Senators Price of the 56th, Johnson of the 1st, Seabaugh of the 28th, Lamutt of the 21st, Williams of the 19th and others:
A BILL to be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials, so as to provide for a temporary, 10 percent salary reduction for certain officials; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Appropriations.

Representative Noel of the 44th 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 69.

By Representative Lane of the 101st:
A RESOLUTION commending the Screven County High Schol football team on its first state title and inviting the team and its coaches to appear before this body; and for other purposes.

HR 211. By Representatives Holmes of the 48th, Post 1, Dean of the 49th, Brooks of the 47th, Smyre of the 111th, Stanley-Turner of the 43rd, Post 2 and others:
A RESOLUTION commending Dr. Walter D. Broadnax and inviting him to appear before the House of Representatives; and for other purposes.

HR 230. By Representatives Brown of the 89th and Epps of the 90th:
A RESOLUTION inviting the Troup County School System National Board Certified Teachers to appear before the House of Representatives; and for other purposes.

HR 232. By Representatives Purcell of the 122nd and Snow of the 1st:
A RESOLUTION commending Assistant Special Agent in Charge Janet R. Oliva as the Peace Officer of the Year for Meritorious Service and inviting her to appear before the House of Representatives; and for other purposes.

HR 233. By Representatives Purcell of the 122nd and Snow of the 1st:
A RESOLUTION commending Master Trooper R. K. Turner on his selection as the Peace Officer of the Year for Valor and inviting him to appear before

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719

the House of Representatives; and for other purposes.

HR 234. By Representatives Purcell of the 122nd, Snow of the 1st and Lucas of the 105th:
A RESOLUTION commending Officer Stewart Cronin on his selection as the Peace Officer of the Year for Valor and inviting him to appear before the House of Representatives; and for other purposes.

HR 242. By Representatives Bruce of the 45th, Williams of the 61st, Post 2, Mosby of the 59th, Post 3, Fludd of the 48th, Post 4, Thomas of the 33rd, Post 2 and others:
A RESOLUTION honoring A. Phillip Randolph Elementary School and inviting Principal Bobby Tuggle to appear before the House of Representatives; and for other purposes.

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

HB 307. By Representatives Ray of the 108th, James of the 114th, Black of the 144th and Purcell of the 122nd:
A BILL to amend Code Section 43-45-9 of the Official Code of Georgia Annotated, relating to examination for certification as a structural pest control operator, evidence from applicants as to employment of qualified operators, and insurance requirements, so as to change certain provisions relating to insurance requirements; and for other purposes.

The following substitute, offered by Representatives Ray of the 108th and Black of the 144th, was read and adopted:

A BILL
To amend Code Section 43-45-9 of the Official Code of Georgia Annotated, relating to examination for certification as a structural pest control operator, evidence from applicants as to employment of qualified operators, and insurance requirements, so as to

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change certain provisions relating to insurance requirements; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 43-45-9 of the Official Code of Georgia Annotated, relating to examination for certification as a structural pest control operator, evidence from applicants as to employment of qualified operators, and insurance requirements, is amended by striking subsections (d), (e), and (f) and inserting in lieu thereof the following:
"(d) Each applicant for a license shall submit with the application and each licensee shall submit at the time of renewal of the license a certificate of insurance verifying coverage from either an insurance company licensed authorized to do business in this state or a surplus lines broker licensed by the Commissioner of Insurance. Such coverage shall be in the amount of not less than $50,000.00 per occurrence, with a minimum annual aggregate of $200,000.00 for all occurrences, and shall insure the licensees business against bodily injury and property damage claims. The insurance shall also cover claims for pollution liability caused by sudden and accidental discharge or release of pollutants. (e) In addition to the insurance coverage specified in subsection (d) of this Code section, each licensee for control of wood-destroying organisms shall submit on July 1, 2002, or within 30 days thereafter, each applicant for a license for control of wooddestroying organisms shall submit with the application for a license, and each licensee for control of wood-destroying organisms shall submit at the time of renewal of the license a certificate of insurance verifying coverage during the term of the license from either an insurance company licensed authorized to do business in this state or a surplus lines broker licensed by the Commissioner of Insurance. Such coverage shall be in the amount of not less than $100,000.00 per occurrence, with a minimum annual aggregate of $500,000.00 for all occurrences and shall insure the licensees business against bodily injury and property damage claims arising from the licensees treatment or services for control of wood-destroying organisms including, without limitation, errors and omission coverage on an occurrence basis. (f) No license shall be issued or renewed and no business license shall be issued by a political subdivision pursuant to Code Section 43-45-15 until the insurance requirements of this Code section are met. The minimum insurance coverages required by this Code section must be maintained during the entire period of time a license is in force, and the licensee shall furnish the name, address, and contact telephone number of the insurance carrier to each person receiving treatment or service from the licensee each time treatment or service is furnished. Policies shall contain a cancellation provision whereby notification of cancellation is made by the insurer to and actually received by the commission, through the Structural Pest Control Section of the Department of Agriculture, not less than 30 days prior to the cancellation. Any license or renewal of a license shall be suspended automatically by operation of law if the

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insurance coverages are not in force or are canceled for any reason, unless equivalent insurance is then in effect. It shall be the duty of the licensee to notify the commission that equivalent insurance is in effect and furnish proof of such insurance to the commission. If the license or renewal license is not reinstated within three months, it shall be revoked by operation of law without a hearing. (g) At the time of the issuance of any contract for treatment or service, a statement shall appear in the contract, in the same size type as other terms and conditions, stating the following:
'The Georgia Structural Pest Control Act' requires all pest control companies to maintain insurance coverage. Information about this coverage is available from this pest control company."
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 Amerson Y Anderson Y Ashe
Bannister Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G E Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox
Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland

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Y Casas Y Chambers Y Channell Y Childers Y Coan E Coleman, B
Cooper Y Crawford Y Cummings

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Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 170, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 25.

By Representatives Morris of the 120th, Reece of the 11th and Oliver of the 121st, Post 2:
A BILL to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick and personal leave for teachers and other personnel, so as to provide for restoration of certain forfeited sick and personal leave after return to service for two consecutive years; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe
Bannister Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan N Joyce Y Keen

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet

Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G E Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan E Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, FEBRUARY 26, 2003

Y Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson
Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills
Mitchell

Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

723
Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 168, nays 2. The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, the vote of Representative Bannister of the 70th, Post 1 was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bill of the House, having been postponed from Tuesday, February 18, 2003, was taken up for consideration and read the third time:

HB 287. By Representatives Buck of the 112th, Hugley of the 113th, Buckner of the 109th, Smyre of the 111th and Smith of the 110th:
A BILL to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain provisions regarding the joint county or municipal sales and use tax and provide for an optional rate increase to 2 percent with respect to imposition by consolidated governments; to provide for imposition of such tax at the rate of 2 percent by consolidated governments; and for other purposes.

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

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agreed to. On the passage of the Bill, the ayes were 122, nays 14. The Bill, having received the requisite constitutional majority, was passed.

Representatives Burmeister of the 96th and Franklin of the 17th would like to be recorded as voting "nay" on HB 287.

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

HR 267. By Representatives Greene-Johnson of the 60th, Post 3, Watson of the 60th, Post 2, Williams of the 61st, Post 2, Maddox of the 59th, Post 2, Stephenson of the 60th, Post 1 and others:
A RESOLUTION commending and congratulating Elizabeth BenischekCrews; inviting her to appear before the House of Representatives; and for other purposes.

HR 268. By Representatives Greene-Johnson of the 60th, Post 3, Williams of the 61st, Post 2, Watson of the 60th, Post 2, Maddox of the 59th, Post 2, Stephenson of the 60th, Post 1 and others:
A RESOLUTION commending and congratulating Jacqueline LaRose Singleton; inviting her to appear before the House of Representatives; and for other purposes.

HR 269. By Representatives Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2, Stephens of the 123rd, Day of the 126th and others:
A RESOLUTION recognizing and honoring the St. Patrick's Day Parade Committee, Chairman Hugh E. Coleman, the 2003 St. Patrick's Day Parade's Grand Marshal Lawrence S. "Pete" Conneff, and inviting them to appear before the House of Representatives; and for other purposes.

WEDNESDAY, FEBRUARY 26, 2003

725

The following Resolution of the House was read and adopted:

HR 270. By Representative Howard of the 98th:
A RESOLUTION commending the Future Business Leaders of America Phi Beta Lambda and Academy of Richmond County members; and for other purposes.

Representative Skipper of the 116th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia Thursday, February 27, 2003

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

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

Amerson Anderson Ashe Bannister Barnes Beasley-Teague Benfield Birdsong Black Boggs Borders Bridges Brock Brooks Broome Bruce Buck Buckner, D E Bunn Burkhalter Burmeister Butler Campbell Casas Chambers Childers Coleman, B

Cooper Crawford Cummings Day Dodson Dooley Douglas Drenner Dukes Ehrhart E Elrod Epps Fleming Fludd Forster Franklin Gardner Graves, D Graves, T Greene Harbin Harper Harrell Heard, J E Heard, K Heath

Hembree Hill, C Hill, C.A Hill, V Hines Howard Howell Hugley James Jamieson Jones Jordan Keen Lewis Lord Mangham Manning Marin Martin Massey Maxwell McBee Millar Mills Mitchell Moraitakis

Mosley Murphy, J Murphy, Q Noel Oliver, B Oliver, M O'Neal Orrock E Parsons Purcell Ralston Ray Reece, B Reece, S Rice Richardson Roberts, J Roberts, L Rogers, Ch. Royal Rynders Scott Shaw Sheldon Sholar Sims

Skipper Smith, B Smith, P Smith, T Smith, V Snow Stanley-Turner Stephens, E Stephens, R Stephenson Stoner Teilhet Teper Thomas, A Thompson Twiggs Walker, L Warren White Wilkinson Willard Williams, A Williams, E Williams, R Wix Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Bordeaux of the 125th, Brown of the 89th, Buckner of the 82nd, Channell of the 77th, Coan of the 67th, Post 1, Dean of the 49th, DeLoach of the 127th, Dollar of the 31st, Floyd of the 132nd, Floyd of the 69th, Post 2, Golick of the 34th, Post 3, Greene-Johnson of the 60th, Post 3, Hanner of the 133rd, Heckstall of the 48th, Post 3, Henson of the 55th, Holmes of the 48th, Post 1, Houston of the 139th, Hudson of the 95th, Jackson of the 124th, Post 1, Jenkins of the 93rd, Knox of the 14th, Post 1, Lucas of the 105th, Lunsford of the 85th, Post 2, Maddox of the 59th, Post 2, McCall of the 78th, McClinton of the 59th, Post 1, Mobley of the 58th, Mosby of the 59th, Post 3, Parham of

THURSDAY, FEBRUARY 27, 2003

727

the 94th, Parrish of the 102nd, Porter of the 119th, Powell of the 23rd, Randall of the 107th, Rogers of the 20th, Sailor of the 61st, Post 1, Sinkfield of the 50th, Smith of the 87th, Smyre of the 111th, Stokes of the 72nd, Thomas of the 43rd, Post 1, Walker of the 71st, Post 1, Watson of the 60th, Post 2, Westmoreland of the 86th, and Yates of the 85th, Post 1.
They wish to be recorded as present.

Prayer was offered by the Reverend Woodrow Walker, II, Pastor, Abundant Life Church, Lithonia, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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

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HB 21.

By Representative Manning of the 32nd:
A BILL to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support in general, so as to change provisions relating to verification of financial status of parties in support proceedings; to provide that in cases involving support issues no final judgment shall be entered until each party has filed an affidavit concerning his or her financial condition; to amend Code Section 48-7-60 of the Official Code of Georgia Annotated, relating to confidentiality of income tax records; and for other purposes.

Referred to the Committee on Judiciary.

HB 573. By Representatives Ehrhart of the 28th, Stephens of the 123rd, Lucas of the 105th, Ralston of the 6th, Rogers of the 20th and others:
A BILL to revise provisions relating to bona fide coin operated amusement machines; to amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling, so as to change the definition of gambling device; to provide that certain bona fide coin operated amusement machines are not gambling devices or contraband; to amend Chapter 17 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of bona fide coin operated amusement machines, so as to revise definitions; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to records exempted from public inspection; and for other purposes.

Referred to the Committee on Regulated Industries.

HB 574. By Representative Mills of the 67th, Post 2:
A BILL to amend Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to parental notification, so as to define certain terms; to change the provisions relating to notice to a parent or guardian of abortion on an unemancipated minor; and for other purposes.

Referred to the Committee on Judiciary.

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729

HB 575. By Representatives Powell of the 23rd, Parham of the 94th and Rice of the 64th:
A BILL to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration of motor vehicles, so as to provide for the extension of time during which temporary registrations may be used; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 576. By Representatives Dodson of the 84th, Post 1, Shaw of the 143rd and Harbin of the 80th:
A BILL to amend Code Section 33-9-21 of the Official Code of Georgia Annotated, relating to maintenance and filing rates, rating plans, rating systems, or underwriting rules, so as to provide for the effectiveness of certain rate filings upon filing with the Commissioner of Insurance; to provide for suspension of such filings under certain circumstances; and for other purposes.

Referred to the Committee on Insurance.

HB 577. By Representative Howard of the 98th:
A BILL to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the State Sexual Offender Registry, so as to provide that persons who are convicted of offenses in this state that require registration shall not be released from custody until such persons complete the registration process; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 578. By Representatives Marin of the 66th, Mobley of the 58th, Hill of the 81st, Porter of the 119th, Coleman of the 118th and others:
A BILL to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for legislative

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findings; to provide a title; to change certain provisions relating to the definition of "resident"; to provide for other forms of identification to be included in applications for drivers' licenses; to provide that the department shall accept drivers' licenses from other countries; to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the Child Support Recovery Act; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 579. By Representative McCall of the 78th:
A BILL to amend Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional duties and powers of the State Soil and Water Conservation Commission, so as to provide for certain powers and duties related to water resources; to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide for programs for measuring certain farm uses of water; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 580. By Representatives Moraitakis of the 42nd, Post 4, Campbell of the 39th, Willard of the 40th and Oliver of the 56th, Post 2:
A BILL to amend Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries, so as to change provisions relating to the selection of grand jurors; to change provisions relating to drawings of grand jurors; and for other purposes.

Referred to the Committee on Judiciary.

HB 581. By Representatives Powell of the 23rd, Parham of the 94th and Rice of the 64th:
A BILL to amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Franchise Practices Act," so as to provide that the Department of Motor Vehicle Safety

THURSDAY, FEBRUARY 27, 2003

731

shall enforce the Act rather than the Department of Revenue; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 582. By Representatives Sims of the 130th, Hill of the 81st and Bordeaux of the 125th:
A BILL to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to change certain provisions relating to notification of a decision to parole an inmate; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 583. By Representatives Greene-Johnson of the 60th, Post 3, Reece of the 11th, Mangham of the 62nd, Thomas of the 43rd, Post 1 and Stephens of the 124th, Post 2:
A BILL to amend Code Section 20-2-751.6 of the Official Code of Georgia Annotated, relating to the disciplinary policy for students committing acts of physical violence against a teacher, school bus driver, or other school official or employee, so as to change provisions relating to the authority of the disciplinary tribunal; and for other purposes.

Referred to the Committee on Education.

HB 584. By Representatives Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:
A BILL to provide that future elections for the office of probate judge of Long County shall be nonpartisan elections and provide for an election date; and for other purposes.

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

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HB 585. By Representative Parham of the 94th:
A BILL to amend Code Section 43-47-8 of the Official Code of Georgia Annotated, relating to license applications, prerequisites, license fees, renewal, and supplemental licenses related to used motor vehicle and parts dealers, so as to change the provisions relating to the surety bond for used car dealers; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 586. By Representatives Drenner of the 57th, Benfield of the 56th, Post 1, Porter of the 119th, Morris of the 120th, Noel of the 44th and others:
A BILL to amend Chapter 2A of Title 46 of the Official Code of Georgia Annotated, relating to electric utilities, so as to provide for goals for use of renewable energy by electric utilities; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 587. By Representatives Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:
A BILL to provide that future elections for the office of probate judge of Wayne County and for the office of chief magistrate of Wayne County shall be nonpartisan elections held at the time of certain November general elections; and for other purposes.

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

HB 588. By Representative Buckner of the 109th:
A BILL to amend an Act establishing a Board of Commissioners of Talbot County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.

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

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HB 589. By Representatives Buckner of the 109th and Smith of the 110th:
A BILL to amend an act reconstituting the Board of Education of Talbot 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 590. By Representatives Greene-Johnson of the 60th, Post 3, Williams of the 61st, Post 2, Watson of the 60th, Post 2, Stephenson of the 60th, Post 1 and Fludd of the 48th, Post 4:
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 exempt teachers desiring to transfer to Georgia from other states from the Praxis examinations in certain circumstances; and for other purposes.

Referred to the Committee on Education.

HB 591. By Representatives Orrock of the 51st, Childers of the 13th, Post 1, Sinkfield of the 50th, Moraitakis of the 42nd, Post 4, Warren of the 99th 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 that certain persons seeking part-time work are not disqualified from receiving benefits by that fact alone; to provide that certain persons may be unemployed through no fault of their own due to undue family hardship arising out of domestic violence or compelling family obligations and may therefore be eligible for unemployment compensation; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 592. By Representatives Walker of the 71st, Post 1, Sheldon of the 71st, Post 2, Stokes of the 72nd and Douglas of the 73rd:
A BILL to amend an Act providing for the revised and restated charter for the City of Monroe, so as to change the description of the election districts;

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and for other purposes.

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

HB 593. By Representatives Drenner of the 57th, Thomas of the 43rd, Post 1, Henson of the 55th and Benfield of the 56th, Post 1:
A BILL to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate honoring the AIDS Survival Project; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 594. By Representative Teper of the 42nd, Post 1:
A BILL to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide that the Board of Community Health is authorized to contract with the community service boards for the inclusion in such plan of any person who retires as an employee of a community service board with at least ten years of actual service and after attaining the age of 60 years; and for other purposes.

Referred to the Committee on Health and Human Services.

HB 595. By Representatives Teper of the 42nd, Post 1, Watson of the 60th, Post 2, Henson of the 55th, Greene-Johnson of the 60th, Post 3 and Stephenson of the 60th, Post 1:
A BILL to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide a short title; to provide a statement of constitutional authority and intent; to define certain terms; to create in each county a public safety and judicial facilities authority; and for other purposes.

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735

Referred to the Committee on Public Safety.

HB 596. By Representative Parham of the 94th:
A BILL to amend Part 6 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Oconee River Greenway Authority, so as to change certain provisions relating to definitions; to change certain provisions relating to creation, membership, compensation, qualifications, accountabilities, and assignment of the authority; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 597. By Representatives Jackson of the 124th, Post 1, Heard of the 75th, Smith of the 129th, Post 2, Porter of the 119th, Skipper of the 116th and others:
A BILL to amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to reduce the number of members of the State Board of Registration for Foresters; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to reduce the number of members on certain professional licensing boards; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 598. By Representatives Harbin of the 80th, Keen of the 146th and Dodson of the 84th, Post 1:
A BILL to amend Code Section 33-1-9 of the Official Code of Georgia Annotated, relating to insurance fraud, so as to provide that persons who, as an agent or representative, solicit, negotiate, procure, or effectuate insurance coverage on behalf of an insurer who is not authorized to do business in this state or take certain actions with regard to such insurance commit insurance fraud; and for other purposes.

Referred to the Committee on Insurance.

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HB 599. By Representatives Thompson of the 69th, Post 1, Dix of the 70th, Post 2, Teilhet of the 34th, Post 2 and Boggs of the 145th:
A BILL to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to provide that a request for postconviction DNA testing shall be made through an extraordinary motion for new trial; to provide for postconviction DNA testing of evidence in certain criminal cases; to provide procedures, conditions, and standards for the conduct of postconviction DNA testing of evidence; to provide for the state to appeal in criminal cases in which an extraordinary motion for new trial is granted; to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of property seized, so as to provide standards for the retention of evidence in criminal cases; and for other purposes.

Referred to the Committee on Judiciary.

HB 600. By Representative Houston of the 139th:
A BILL to amend an Act relating to the Magistrate Court of Berrien County, so as to provide for the position of magistrate; to provide for the selection and service of the magistrate; and for other purposes.

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

HB 601. By Representatives Golick of the 34th, Post 3 and Teilhet of the 34th, Post 2:
A BILL to amend Article 6 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of unincorporated islands, so as to provide for objections to defeat such annexations; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 602. By Representatives Golick of the 34th, Post 3, Teilhet of the 34th, Post 2, Richardson of the 26th, Ehrhart of the 28th, Stoner of the 34th, Post 1 and others:

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737

A BILL to amend an Act making provisions for the Magistrate Court of Cobb County, so as to provide for the compensation of the chief magistrate of said court; and for other purposes.

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

HB 603. By Representatives Stanley-Turner of the 43rd, Post 2, Lucas of the 105th, Gardner of the 42nd, Post 3, Ashe of the 42nd, Post 2, Epps of the 90th and others:
A BILL to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide a short title; to provide legislative findings; to define a certain term; to provide that any person convicted of possession or use of a controlled substance or marijuana shall be entitled to probation; to provide that certain such offenders shall not be so entitled to probation; to provide the terms of such probation; to provide for a requirement for drug treatment; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 604. By Representatives Stanley-Turner of the 43rd, Post 2, Lucas of the 105th, Chambers of the 53rd, Parsons of the 29th, Skipper of the 116th and others:
A BILL to amend Article 1 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions relative to telephone and telegraph service, so as to provide for certain information to be included in any announcement of a collect long distance call; and for other purposes.

Referred to the Committee on Public Utilities and Telecommunications.

HB 605. By Representatives Lunsford of the 85th, Post 2, Maddox of the 59th, Post 2, Moraitakis of the 42nd, Post 4, Day of the 126th, Keen of the 146th and others:
A BILL to amend Code Section 16-13-33 of the Official Code of Georgia Annotated, relating to attempt or conspiracy to commit offense under article relating to regulation of controlled substances, so as to provide that any

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person who attempts or conspires to commit an offense under this article shall be punished by a sentence not exceeding the maximum punishment for the offense, the commission of which was the object of the attempt or conspiracy; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 606. By Representative Cummings of the 19th:
A BILL to amend Code Section 47-3-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Teachers Retirement System of Georgia, so as to define a certain term; and for other purposes.

Referred to the Committee on Retirement.

HB 607. By Representative Cummings of the 19th:
A BILL to amend Code Section 47-2-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Employees' Retirement System of Georgia, so as to define a certain term; and for other purposes.

Referred to the Committee on Retirement.

HB 608. By Representative Cummings of the 19th:
A BILL to amend Code Section 47-3-101 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement under the Teachers Retirement System of Georgia, duration of benefits paid to a retired member, and payment to maintain such retirement system, so as to provide that a member with at least five years of membership service shall be vested for a benefit; and for other purposes.

Referred to the Committee on Retirement.

HB 609. By Representative Cummings of the 19th:

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739

A BILL to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide that a member with at least five years of membership service shall be vested for a benefit; and for other purposes.

Referred to the Committee on Retirement.

HR 260. By Representatives Thompson of the 69th, Post 1, Floyd of the 69th, Post 2, Hanner of the 133rd, Orrock of the 51st, Royal of the 140th and others:
A RESOLUTION creating the House Community Improvement District Study Committee; and for other purposes.

Referred to the Committee on Rules.

HR 261. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A RESOLUTION creating the House Study Committee on Sales and Use Tax Simplification; and for other purposes.

Referred to the Committee on Rules.

HR 262. By Representatives Greene-Johnson of the 60th, Post 3, Harrell of the 54th, Reece of the 11th, Mobley of the 58th, Casas of the 68th and others:
A RESOLUTION creating the House Study Committee on HB 33; and for other purposes.

Referred to the Committee on Rules.

HR 263. By Representatives Bannister of the 70th, Post 1, Smith of the 13th, Post 2, Ralston of the 6th, Williams of the 4th and Maddox of the 59th, Post 2:
A RESOLUTION creating the Subsequent Injury Trust Fund Joint Study

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Committee; and for other purposes.

Referred to the Committee on Rules.

HR 264. By Representatives Day of the 126th, Stephens of the 123rd, Westmoreland of the 86th, Buck of the 112th and Roberts of the 131st:
A RESOLUTION creating the Joint Budgetary Tracking and Forfeiture Tracking Study Committee; and for other purposes.

Referred to the Committee on Rules.

HR 265. By Representatives Wix of the 33rd, Post 1, Teper of the 42nd, Post 1, Borders of the 142nd, Teilhet of the 34th, Post 2 and Stokes of the 72nd:
A RESOLUTION urging the Georgia Department of Transportation to create a network of bicycle lanes throughout the state; and for other purposes.

Referred to the Committee on Transportation.

HR 266. By Representative Houston of the 139th:
A RESOLUTION ratifying the change of regional development center boundaries established by the Board of Community Affairs; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

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

HB 478 HB 479 HB 480

HB 529 HB 530 HB 531

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741

HB 481 HB 482 HB 483 HB 484 HB 485 HB 486 HB 487 HB 488 HB 489 HB 490 HB 491 HB 492 HB 493 HB 494 HB 495 HB 496 HB 497 HB 498 HB 499 HB 500 HB 501 HB 502 HB 503 HB 504 HB 505 HB 506 HB 507 HB 508 HB 509 HB 510 HB 511 HB 512 HB 513 HB 514 HB 515 HB 516 HB 517 HB 518 HB 519 HB 520 HB 521 HB 522 HB 523

HB 532 HB 533 HB 534 HB 535 HB 536 HB 537 HB 538 HB 539 HB 540 HB 541 HB 542 HB 543 HB 544 HB 545 HB 546 HB 547 HB 548 HB 549 HB 550 HB 551 HB 552 HB 553 HB 554 HB 555 HB 556 HB 557 HB 558 HB 559 HB 560 HB 561 HB 562 HB 563 HB 564 HB 565 HB 566 HB 567 HB 568 HB 569 HB 570 HB 571 HB 572 HR 257 HR 258

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HB 524 HB 525 HB 526 HB 527 HB 528

JOURNAL OF THE HOUSE
HR 259 SB 29 SB 71 SB 76

Pursuant to Rule 52, Representative Channell of the 77th moved that the following Bill of the House be engrossed:

HB 481. By Representatives Channell of the 77th, Graves of the 106th, Royal of the 140th and Day of the 126th:

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 a phased-in exemption with respect to sales of eligible food and beverages dispensed by or through vending machines; and for other purposes.

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

N Amerson Y Anderson Y Ashe N Bannister
Barnard Y Barnes Y Beasley-Teague
Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome
Brown Y Bruce Y Buck Y Buckner, D
Buckner, G E Bunn N Burkhalter N Burmeister N Butler N Campbell

N Day Y Dean Y Deloach N Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart E Elrod Y Epps N Fleming
Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner
Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner N Harbin

N Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell
Hudson Y Hugley
Jackson Y James Y Jamieson
Jenkins N Jones Y Jordan N Joyce N Keen N Knox
Lane N Lewis Y Lord Y Lucas N Lunsford Y Maddox
Mangham Manning Y Marin

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Porter Y Powell Y Purcell N Ralston
Randall Ray Y Reece, B N Reece, S N Rice Richardson N Roberts, J Y Roberts, L

Y Sims Sinkfield
Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A
Thomas, A.M Y Thompson Y Twiggs N Walker, L N Walker, R.L Y Warren
Watson N Westmoreland

N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper N Crawford Y Cummings

THURSDAY, FEBRUARY 27, 2003

Harper Y Harrell N Heard, J E Heard, K N Heath Y Heckstall N Hembree
Henson N Hill, C

N Martin N Massey N Maxwell Y McBee Y McCall Y McClinton N Millar N Mills Y Mitchell

Y Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor N Scott Y Shaw N Sheldon Y Sholar

On the motion the ayes were 90, nays 61. The Chair voted "aye". The ayes were 91, nays 61. The motion prevailed.

743
N White N Wilkinson N Willard Y Williams, A Y Williams, E
Williams, R Y Wix
Yates Coleman, Speaker

Representative Mangham of the 62nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Pursuant to Rule 52, Representative Murphy of the 97th moved that the following Bill of the House be engrossed:

HB 483. By Representatives Murphy of the 97th, Beasley-Teague of the 48th, Post 2, Powell of the 23rd and Warren of the 99th:

A BILL to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to change certain provisions relating to examination of applicants; to provide that licensed driver training schools may conduct road tests for applicants for drivers' licenses; to provide for approval by the department of driver training schools; to provide that it shall be a misdemeanor to a licensed driving instructor to falsely certify that an applicant has passed a road test; and for other purposes.

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

N Amerson Y Anderson Y Ashe N Bannister

N Day Y Dean Y Deloach N Dix

N Hill, C.A Y Hill, V N Hines Y Holmes

Y Mobley Y Moraitakis Y Morris Y Mosby

Y Sims Sinkfield
Y Skipper N Smith, B

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Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G E Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper N Crawford Y Cummings

Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner Y Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner
Harbin N Harper Y Harrell N Heard, J E Heard, K N Heath Y Heckstall N Hembree
Henson N Hill, C

Y Houston Y Howard Y Howell
Hudson Y Hugley
Jackson Y James Y Jamieson Y Jenkins N Jones Y Jordan N Joyce
Keen N Knox
Lane N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham
Manning Y Marin N Martin N Massey N Maxwell Y McBee Y McCall Y McClinton N Millar N Mills Y Mitchell

Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Porter Y Powell Y Purcell N Ralston
Randall Y Ray Y Reece, B N Reece, S N Rice
Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor N Scott Y Shaw N Sheldon Y Sholar

On the motion the ayes were 99, nays 62. The motion prevailed.

N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A
Thomas, A.M Y Thompson Y Twiggs
Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

Pursuant to Rule 52, Representative Morris of the 120th moved that the following Bill of the House be engrossed:

HB 518. By Representative Morris of the 120th:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit with respect to qualified health insurance expenses; and for other purposes.

THURSDAY, FEBRUARY 27, 2003

745

The motion prevailed.

Pursuant to Rule 52, Representative Lucas of the 105th moved that the following Bill of the House be engrossed:

HB 520. By Representative Lucas of the 105th:
A BILL to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use taxation, so as to provide for a temporary change in the rate of such taxation; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Sims of the 130th moved that the following Bill of the House be engrossed:

HB 527. By Representative Sims of the 130th:
A BILL to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the ad valorem taxation of motor vehicles and mobile homes, so as to provide that farm equipment held in inventory for resale shall be exempt from taxation; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Burkhalter of the 36th moved that the following Bill of the House be engrossed:

HB 528. By Representative Burkhalter of the 36th:
A BILL to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for preferential assessment of bona fide conservation use property consisting of certain constructed storm-water wetlands; to change certain provisions relating to assessment of tangible property; to change certain provisions

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relating to bona fide conservation use property and bona fide residential transitional property; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Royal of the 140th moved that the following Bill of the House be engrossed:

HB 532. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:

A BILL 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 provide for an additional method of complying with open records requests; and for other purposes.

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

N Amerson Y Anderson Y Ashe N Bannister
Barnard Barnes Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges N Brock N Brooks Y Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G E Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers

N Day Y Dean Y Deloach N Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart E Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd
Forster N Franklin Y Gardner N Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner N Harbin N Harper Y Harrell

N Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell
Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins N Jones Y Jordan N Joyce N Keen N Knox
Lane N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham
Manning Y Marin N Martin N Massey

Y Mobley Y Moraitakis
Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B N Reece, S N Rice Y Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch.

Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs
Walker, L N Walker, R.L Y Warren
Watson N Westmoreland N White N Wilkinson

Y Channell Y Childers N Coan N Coleman, B N Cooper N Crawford Y Cummings

THURSDAY, FEBRUARY 27, 2003

N Heard, J E Heard, K N Heath
Heckstall N Hembree Y Henson N Hill, C

N Maxwell Y McBee Y McCall Y McClinton N Millar N Mills Y Mitchell

Y Royal N Rynders
Sailor N Scott Y Shaw N Sheldon Y Sholar

On the motion the ayes were 99, nays 63. The motion prevailed.

747
N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

Pursuant to Rule 52, Representative Royal of the 140th moved that the following Bill of the House be engrossed:

HB 533. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:

A BILL to amend Code Section 48-1-8 of the Official Code of Georgia Annotated, relating to computer software, so as to clarify that computer software does not include programs or routines that are not intended to be purchased separately from certain computer equipment; and for other purposes.

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

N Amerson Y Anderson Y Ashe
Bannister Barnard Y Barnes Y Beasley-Teague Y Benfield Birdsong Y Black Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome N Brown Bruce Y Buck Y Buckner, D

N Day Y Dean
Deloach N Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes
Ehrhart E Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner N Golick

N Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell
Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins N Jones Y Jordan N Joyce N Keen N Knox
Lane N Lewis Y Lord

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray

Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson

748
Y Buckner, G E Bunn
Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper N Crawford Y Cummings

JOURNAL OF THE HOUSE

N Graves, D N Graves, T Y Greene Y Greene-Johnson
Hanner Harbin N Harper Y Harrell N Heard, J E Heard, K N Heath Y Heckstall N Hembree Y Henson N Hill, C

Y Lucas Lunsford
Y Maddox Y Mangham
Manning Y Marin N Martin N Massey N Maxwell Y McBee Y McCall Y McClinton N Millar N Mills Y Mitchell

Y Reece, B N Reece, S N Rice Y Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor N Scott Y Shaw N Sheldon Y Sholar

On the motion the ayes were 100, nays 58. The motion prevailed.

Y Twiggs Walker, L
N Walker, R.L Y Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

Pursuant to Rule 52, Representative Royal of the 140th moved that the following Bill of the House be engrossed:

HB 534. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions of federal law into Georgia law; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Royal of the 140th moved that the following Bill of the House be engrossed:

HB 535. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Code Section 48-7-40.16 of the Official Code of Georgia

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749

Annotated, relating to income tax credits with respect to certain vehicles and certain electric vehicle chargers, so as to change the amounts of such credits; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Royal of the 140th moved that the following Bill of the House be engrossed:

HB 536. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide for extended filing and payment dates with respect to certain returns which have been electronically filed; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Royal of the 140th moved that the following Bill of the House be engrossed:

HB 537. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Code Section 33-1-18 of the Official Code of Georgia Annotated, relating to housing tax credits with respect to certain qualified projects, so as to change certain provisions regarding credit amounts; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Stephens of the 123rd moved that the following Bill of the House be engrossed:

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HB 541. By Representatives Stephens of the 123rd, Royal of the 140th, Lucas of the 105th, Barnard of the 121st, Post 1 and Channell of the 77th:
A BILL to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use taxation, so as to provide for a temporary change in the rate of such taxation; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Richardson of the 26th moved that the following Bill of the House be engrossed:

HB 542. By Representatives Richardson of the 26th, O`Neal of the 117th, Borders of the 142nd, Shaw of the 143rd and Smith of the 110th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of certain school supplies, clothing, footwear, computers, and computer related accessories for a limited period of time; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Jamieson of the 22nd moved that the following Bill of the House be engrossed:

HB 544. By Representative Jamieson of the 22nd:
A BILL to amend Code Section 48-7-103 of the Official Code of Georgia Annotated, relating to quarterly, monthly, and jeopardy returns, so as to increase the threshold for filing monthly returns; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Royal of the 140th moved that the following Bill

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751

of the House be engrossed:

HB 556. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for additional administrative powers, duties, and authorities of the state revenue commissioner; to provide for dissemination of certain information regarding tax executions; to provide for additional fees with respect to collection of tax liabilities; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Royal of the 140th moved that the following Bill of the House be engrossed:

HB 559. By Representative Royal of the 140th:
A BILL to amend Code Section 48-7-31 of the Official Code of Georgia Annotated, relating to allocation and apportionment of income with respect to income taxation regarding corporations, so as to provide for the comprehensive revision of the allocation and apportionment formulas used to apportion income of corporations deriving income from business conducted both within Georgia and elsewhere; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Royal of the 140th moved that the following Bill of the House be engrossed:

HB 560. By Representative Royal of the 140th:
A BILL to amend Code Section 40-3-20 of the Official Code of Georgia Annotated, relating to applications for certificates of title for motor vehicles, so as to require proof of the payment of the sales and use tax as a

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precondition to titling certain motor vehicles; to provide for the collection of the tax; to provide for compensation for tag agents; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative James of the 114th moved that the following Resolution of the House be engrossed:

HR 257. By Representative James of the 114th:
A RESOLUTION designating a portion of SR 247 as the Robert Ray Parkway; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Stanley-Turner of the 43rd, Post 2 moved that the following Resolution of the House be engrossed:

HR 258. By Representatives Stanley-Turner of the 43rd, Post 2, Holmes of the 48th, Post 1 and Orrock of the 51st:
A RESOLUTION proposing an amendment to the Constitution so as to permit the General Assembly by general or local law to provide for alternative uses for the homeowner's incentive adjustment; and for other purposes.

The motion prevailed.

Representative Buck of the 112th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following

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recommendations:
HB 314 Do Pass, by Substitute HB 456 Do Pass

Respectfully submitted, /s/ Buck of the 112th
Chairman

Representative Childers of the 13th District, Post 1, Chairman of the Committee on Health and Human Services, submitted the following report:
Mr. Speaker:
Your Committee on Health and Human Services has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 206 Do Pass, by Substitute

Respectfully submitted, /s/ Childers of the 13th, Post 1
Chairman

Representative Parham of the 94th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

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

HB 185 HB 260 HB 319 HB 447

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

HB 452 Do Pass HB 455 Do Pass HB 457 Do Pass

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Respectfully submitted, /s/ Parham of the 94th
Chairman

Representative Cummings of the 19th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 461 Do Pass HB 475 Do Pass, by Substitute

Respectfully submitted, /s/ Cummings of the 19th
Chairman

Representative Smyre of the 111th 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 243 Do Pass HR 269 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

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Mr. Speaker:
Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 443 Do Pass HB 451 Do Pass HB 471 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

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

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 27, 2003

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 21st Legislative Day as enumerated below:

HB 81 HB 134 HB 166 HB 194 HB 237 HB 303

Teachers; rights for continued employment; restore Bingo; increase prize amounts Volunteer firemen; certain injuries; disability compensation Uniform Athlete Agents Act; enact Water resources; ground-water use; state-wide water management plan State defense force; authority to use certain state property

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

Respectfully submitted, /s/ Smyre of the 111th
Chairman

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By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 443. By Representative Roberts of the 131st:
A BILL to amend an Act entitled "An Act to reconstitute the Board of Education of Irwin County," so as to provide for the compensation of the chairperson and members of the Board of Education of Irwin County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 101, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 451. By Representatives Murphy of the 14th, Post 2, Knox of the 14th, Post 1 and Jones of the 38th:
A BILL to amend an Act entitled "An Act to make provisions for the Magistrate Court of Forsyth County," so as to provide qualifications, election, and terms of the chief magistrate; and for other purposes.

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

HB 471. By Representative Morris of the 120th:
A BILL to amend an Act providing for the Board of Education of Montgomery County, so as to provide for the nonpartisan election of that board; and for other purposes.

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757

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

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

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 24. By Senator Cheeks of the 23rd:
A BILL to be entitled an Act to amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of child welfare agencies and child care facilities, standards, revocation or refusal of license, penalties, and violations, so as to provide that the owner of any daycare center, family day-care home, group day-care facility, or group day-care home which is not covered by liability insurance shall post that fact in a conspicuous place in the facility; to provide for notice to the parent or guardian of each child under the care of the facility; to provide that each such parent or guardian must acknowledge receipt of such notice in writing and a copy of such acknowledgment shall be maintained on file at the facility; to provide a penalty; to repeal conflicting laws; and for other purposes.
SB 37. By Senators Thompson of the 33rd, Johnson of the 1st, Hooks of the 14th and Clay of the 37th:
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 change certain provisions relating to powers of local authorities generally; to provide for certain equipment requirements for garbage trucks or sanitation trucks; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 120. By Senators Williams of the 19th, Starr of the 44th and Johnson of the 1st:

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A BILL to be entitled an Act 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 that a person who was awarded the Purple Heart citation shall be entitled to a standard Georgia license plate at no charge; to provide that a person who has been awarded a Bronze Star (Valor), Silver Star, or Distinguished Service Cross shall be entitled to receive at no cost a special and distinctive license plate or a standard Georgia license plate; to provide for procedures; to provide for design; to provide for transfer among vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 49. By Senators Thomas of the 54th, Smith of the 52nd, Moody of the 27th, Dean of the 31st, Crotts of the 17th and others:
A RESOLUTION requesting that the United States Congress enact a Medicare prescription drug benefit; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 265. By Representatives Buck of the 112th, Hugley of the 113th, Buckner of the 109th, Smith of the 110th and Smyre of the 111th:
A BILL to amend an Act establishing the Municipal Court of Columbus, so as to change the compensation of the judge, clerk, and marshal of that court; and for other purposes.

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

SB 24.

By Senator Cheeks of the 23rd:
A BILL to be entitled an Act to amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of child welfare agencies and child care facilities, standards, revocation or refusal of license, penalties, and violations, so as to provide that the owner of any daycare center, family day-care home, group day-care facility, or group day-care home which is not covered by liability insurance shall post that fact in a

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conspicuous place in the facility; to provide for notice to the parent or guardian of each child under the care of the facility; to provide that each such parent or guardian must acknowledge receipt of such notice in writing and a copy of such acknowledgment shall be maintained on file at the facility; to provide a penalty; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Children & Youth.

SB 37.

By Senators Thompson of the 33rd, Johnson of the 1st, Hooks of the 14th and Clay of the 37th:
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 change certain provisions relating to powers of local authorities generally; to provide for certain equipment requirements for garbage trucks or sanitation trucks; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

SB 120. By Senators Williams of the 19th, Starr of the 44th and Johnson of the 1st:
A BILL to be entitled an Act 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 that a person who was awarded the Purple Heart citation shall be entitled to a standard Georgia license plate at no charge; to provide that a person who has been awarded a Bronze Star (Valor), Silver Star, or Distinguished Service Cross shall be entitled to receive at no cost a special and distinctive license plate or a standard Georgia license plate; to provide for procedures; to provide for design; to provide for transfer among vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

SR 49.

By Senators Thomas of the 54th, Smith of the 52nd, Moody of the 27th, Dean of the 31st, Crotts of the 17th and others:

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A RESOLUTION requesting that the United States Congress enact a Medicare prescription drug benefit; and for other purposes.

Referred to the Committee on Health and Human Services.

Representative Williams of the 128th 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 243. By Representatives Boggs of the 145th, Shaw of the 143rd and Coleman of the 118th:
A RESOLUTION commending the 2002 Clinch County High School football team and inviting the team, Head Coach Cecil Barber, and the assistant coaches to appear before the House of Representatives; and for other purposes.

HR 269. By Representatives Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2, Stephens of the 123rd, Day of the 126th and others:
A RESOLUTION recognizing and honoring the St. Patrick's Day Parade Committee, Chairman Hugh E. Coleman, the 2003 St. Patrick's Day Parade's Grand Marshal Lawrence S. "Pete" Conneff, 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 of the House were taken up for consideration and read the third time:

HB 303. By Representatives Birdsong of the 104th, Purcell of the 122nd, Porter of the 119th, Smyre of the 111th, Roberts of the 135th and others:
A BILL to amend Part 3 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the state defense force, so as to

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provide that the state defense force is authorized to use certain state property; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks
Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G E Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper
Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix
Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson
Hanner Y Harbin Y Harper Y Harrell Y Heard, J E Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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

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HB 81.

By Representatives Lucas of the 105th, Cummings of the 19th, Hugley of the 113th, Greene of the 134th, Reece of the 11th and others:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for the acquisition of certain rights relating to demotion or nonrenewal of contract for a school year under certain circumstances for persons first becoming teachers on or after July 1, 2000; and for other purposes.

The following amendment was read:

Representative Richardson of the 26th et al. move to amend HB 81 by striking from lines 2, 3, and 4 of page 1 the following:
"to provide for the acquisition of certain rights relating to demotion or nonrenewal of contract for a school year under certain circumstances for persons first becoming teachers on or after July 1, 2000;"
and inserting in its place the following:
"to change certain provisions regarding grounds and proceedings for terminating or suspending employment contracts; to change certain provisions regarding nonrenewal procedures; to change certain provisions regarding certain regulatory authority; to change certain provisions regarding powers and duties of the Professional Standards Commission; to change certain provisions regarding local tribunals with respect to school law controversies;"
By striking line 8 of page 1 through line 6 of page 5 and inserting in its place the following:
"Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking subsection (f) of Code Section 20-2940, relating to grounds and procedure for terminating or suspending employment contracts, and inserting in its place a new subsection (f) to read as follows:
'(f) Decision; appeals. The local board shall render its decision at the hearing or within five days thereafter. Where the hearing is before a tribunal, the tribunal shall file its findings and recommendations with the local board within five days of the conclusion of the hearing, and the local board shall render its decision thereon within ten days after the receipt of the transcript. Appeals may be taken to the state board, or in cases governed by subsection (e) of Code Section 20-2-942, relating to teachers hired on or after July 1, 2000, must be taken to the Professional Standards Commission, and such

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763

appeals must be taken in accordance with Code Section 20-2-1160, as now or hereafter amended, and the rules and regulations of the state board or Professional Standards Commission, as appropriate, governing appeals.'
SECTION 2. Said chapter is further amended by striking subsection (d) of Code Section 20-2-942, relating to certain nonrenewal procedures, and inserting in its place new subsections (d) and (e) to read as follows:
'(d) A person who first becomes a teacher on or after July 1, 2000, shall not acquire any rights under this Code section to continued employment with respect to any position as a teacher, except as provided for in subsection (e) of this Code section. A teacher who had acquired any rights to continued employment under this Code section prior to July 1, 2000, shall retain such rights. (e) A person who first becomes a teacher on or after July 1, 2000, and accepts a school year contract for the fourth consecutive school year from the same local board of education or who satisfies the terms of paragraph (4) of subsection (b) of this Code section has the right to the procedures set forth in subsections (b) through (f) of Code Section 20-2-940 prior to any action being taken if he or she is to be demoted or his or her contract is not renewed. With regard to subsection (f) of such Code section, such teacher shall have the right to petition the Professional Standards Commission to hear one appeal relating to any nonrenewal of such teachers contract or demotion. The Professional Standards Commission shall determine if there are grounds for such an appeal. If such an appeal is granted, then this appeal shall be heard by the Professional Standards Commission within 30 days after the petition is granted. Notwithstanding any powers or duties provided to the Professional Standards Commission under Code Sections 20-2-981 through 20-2-989.1, any decision of the Professional Standards Commission to uphold or overturn the action of the local board of education shall not affect the certificate of the teacher. The appeals process under this subsection shall be effective beginning October 1, 2003, for suspensions, terminations, and nonrenewals beginning with the 2003-2004 school year.'
SECTION 3. Said chapter is further amended by striking Code Section 20-2-945, relating to regulatory authority, and inserting in its place a new Code Section 20-2-945 to read as follows:
'20-2-945. The State Board of Education, and local boards of education, and the Professional Standards Commission may adopt rules and regulations to implement this part not inconsistent with this part.'
SECTION 4. Said chapter is further amended by adding a new subsection at the end of Code Section 20-2-988, relating to duties and authority of the Professional Standards Commission, to be designated as subsection (e), to read as follows:

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'(e) The commission shall have the authority to review petitions and conduct appeals regarding teachers hired on or after July 1, 2000, as provided in subsection (e) of Code Section 20-2-942, including cases in which there has also been a breach of the Code of Ethics.'
SECTION 5. Said chapter is further amended by striking Code Section 20-2-1160, relating to local tribunals regarding school law controversies, and inserting in its place a new Code Section 20-2-1160 to read as follows:
'20-2-1160. (a) Every county, city, or other independent board of education shall constitute a tribunal for hearing and determining any matter of local controversy in reference to the construction or administration of the school law, with power to summon witnesses and take testimony if necessary. When such local board has made a decision, it shall be binding on the parties; provided, however, that the board shall notify the parties in writing of the decision and of their right to appeal the decision to the State Board of Education or, in cases governed by subsection (e) of Code Section 20-2-942, to the Professional Standards Commission, and shall clearly describe the procedure and requirements for such an appeal which are provided in subsection (b) of this Code section. (b) Any party aggrieved by a decision of the local board rendered on a contested issue after a hearing shall have the right to appeal therefrom to the State Board of Education or to the Professional Standards Commission in cases governed by subsection (e) of Code Section 20-2-942. The appeal shall be in writing and shall distinctly set forth the question in dispute, the decision of the local board, and a concise statement of the reasons why the decision is complained of; and the party taking the appeal shall also file with the appeal a transcript of testimony certified as true and correct by the local school superintendent. The appeal shall be filed with the superintendent within 30 days of the decision of the local board, and within ten days thereafter it shall be the duty of the superintendent to transmit a copy of the appeal together with the transcript of evidence and proceedings, the decision of the local board, and other matters in the file relating to the appeal to the state board or to the Professional Standards Commission for cases governed by subsection (e) of Code Section 20-2-942. The state board and the Professional Standards Commission shall each adopt regulations governing the procedure for hearings before the local board and proceedings before it. (c) Where an appeal is taken to the state board or the Professional Standards Commission, the state board or the Professional Standards Commission, as appropriate, shall notify the parties in writing of its decision within 25 days after hearing thereon and of their right to appeal the decision to the superior court of the county wherein the local board of education is located and shall clearly describe the procedure and requirements for such an appeal which are provided in this subsection and in subsection (d) of this Code section. Any party aggrieved thereby may appeal to the superior court of the county wherein the local board of education is situated. Such appeal shall be filed

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in writing within 30 days after the decision of the state board or the Professional Standards Commission, as appropriate. Within ten days after filing of such appeal, it shall be the duty of the State School Superintendent or the executive secretary of the Professional Standards Commission, as appropriate, to transmit to the superior court a copy of the record and transcript sent up from the local board as well as the decision and any order of the state board, certified as true and correct. (d) The following form shall be sufficient for an appeal:
'In re ______________________________________ _______________________ hereby appeals to the __________________ from the decision of _______________________ rendered in the above-stated matter on _______________. This ______ day of ____________, ____.' (e) Neither the state board, the Professional Standards Commission, nor the superior court shall consider any question in matters before the local board nor consider the matter de novo, and the review by the state board, the Professional Standards Commission, or the superior court shall be confined to the record. In the superior court, the appeal shall be determined by the judge sitting without a jury. (f) The procedures provided in subsections (a) through (e) of this Code section shall not be applicable to disabled children when a hearing is necessary to decide a complaint made under the federal Education for All Handicapped Children Act of 1975. The state board shall promulgate by rules and regulations an impartial due process procedure for hearing and determining any matter of local controversy in reference to the construction or administration of the school law with respect to disabled children as such term is defined by the state board. Any tribunal which the state board shall empower to hear such cases shall have the power to summon witnesses and take testimony as such tribunal deems it necessary. In promulgating such rules and regulations, the state board shall consult with local boards of education and other local school officials in order to establish procedures required by this subsection which will coordinate, to the extent practicable, with the administrative practices of such local boards.'"
By redesignating Section 2 on line 7 of page 5 as Section 6.

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

Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes N Beasley-Teague N Benfield N Birdsong

Y Day N Dean Y Deloach Y Dix N Dodson Y Dollar N Dooley Y Douglas N Drenner

Y Hill, C.A N Hill, V Y Hines N Holmes Y Houston N Howard N Howell N Hudson N Hugley

N Mobley N Moraitakis N Morris N Mosby N Mosley Y Murphy, J N Murphy, Q N Noel N Oliver, B

N Sims N Sinkfield N Skipper Y Smith, B Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre

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Y Black N Boggs N Bordeaux N Borders Y Bridges Y Brock N Brooks N Broome Y Brown N Bruce N Buck N Buckner, D N Buckner, G E Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers N Channell N Childers Y Coan Y Coleman, B Y Cooper Y Crawford N Cummings

JOURNAL OF THE HOUSE

N Dukes Y Ehrhart E Elrod N Epps Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin N Gardner Y Golick Y Graves, D Y Graves, T N Greene N Greene-Johnson N Hanner Y Harbin Y Harper N Harrell Y Heard, J E Heard, K Y Heath N Heckstall Y Hembree N Henson Y Hill, C

N Jackson N James Y Jamieson N Jenkins Y Jones N Jordan Y Joyce Y Keen Y Knox
Lane Y Lewis N Lord N Lucas Y Lunsford N Maddox
Mangham Manning N Marin Y Martin Y Massey Y Maxwell N McBee Y McCall N McClinton N Millar Y Mills N Mitchell

N Oliver, M Y O'Neal N Orrock N Parham N Parrish E Parsons N Porter N Powell N Purcell Y Ralston N Randall N Ray N Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J N Roberts, L Y Rogers, C Y Rogers, Ch. N Royal Y Rynders N Sailor Y Scott N Shaw Y Sheldon N Sholar

On the adoption of the amendment, the ayes were 73, nays 99. The amendment was lost.

N Snow N Stanley-Turner N Stephens, E Y Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas, A N Thomas, A.M N Thompson N Twiggs N Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Coleman, Speaker

Representative Mangham of the 62nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague

Y Day Y Dean Y Deloach Y Dix
Dodson Y Dollar Y Dooley

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T

Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G E Bunn Y Burkhalter Y Burmeister Y Butler N Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

THURSDAY, FEBRUARY 27, 2003

Y Douglas Y Drenner Y Dukes N Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J E Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan N Joyce Y Keen Y Knox
Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton
Millar Y Mills Y Mitchell

Y Noel Y Oliver, B Y Oliver, M
O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Rice N Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

767
Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 161, nays 8. The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, the vote of Representative Randall of the 107th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Due to a mechanical malfunction, the vote of Representative Millar of the 52nd was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

By unanimous consent, HB 81 was ordered immediately transmitted to the Senate.

By unanimous consent, the following Bill of the House was withdrawn from the

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Committee on Economic Development and Tourism and referred to the Committee on State Planning & Community Affairs - Local:

HB 523. By Representatives Williams of the 128th, Keen of the 146th, Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:
A BILL to provide for the creation of a community improvement district in Glynn County; to provide for a short title; to provide for the purposes of said district; to provide for a board to administer said district; to provide for authorized contents of agreements and instruments of the board generally, use of proceeds of sale of bonds, notes, or other obligations, and subsequent issues of bonds, notes, or other obligations; and for other purposes.

The Speaker announced the House in recess until 2:15 o'clock this afternoon.

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AFTERNOON SESSION

The Speaker called the House to order.

The following Resolutions of the House were read and adopted:

HR 272. By Representatives Shaw of the 143rd, Channell of the 77th, Parrish of the 102nd, Powell of the 23rd, Buck of the 112th and others:
A RESOLUTION commending the Georgia Rural Health Association and recognizing Rural Health Day; and for other purposes.

HR 273. By Representatives Childers of the 13th, Post 1 and Smith of the 13th, Post 2:
A RESOLUTION recognizing and commending Van Boozer; and for other purposes.

HR 274. By Representatives Hugley of the 113th, Buck of the 112th, Smyre of the 111th, Buckner of the 109th and Smith of the 110th:
A RESOLUTION commending Amanda Nesbitt; and for other purposes.

HR 275. By Representatives Coan of the 67th, Post 1, Rice of the 64th, Casas of the 68th, Marin of the 66th, Bannister of the 70th, Post 1 and others:
A RESOLUTION commending Daniel Luis Perez; and for other purposes.

HR 276. By Representatives Heard of the 70th, Post 3, Dix of the 70th, Post 2 and Bannister of the 70th, Post 1:
A RESOLUTION commending Thomas Geoffrey Bursi; and for other purposes.

HR 277. By Representatives Heard of the 70th, Post 3, Dix of the 70th, Post 2 and Bannister of the 70th, Post 1:

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A RESOLUTION commending Caleb Asher Compton; and for other purposes.

HR 278. By Representatives Heard of the 70th, Post 3, Dix of the 70th, Post 2 and Bannister of the 70th, Post 1:
A RESOLUTION commending Brandon James Heitz; and for other purposes.

HR 279. By Representatives Parrish of the 102nd, Morris of the 120th, Stephens of the 124th, Post 2, Channell of the 77th, Maddox of the 59th, Post 2 and others:
A RESOLUTION commending the tourism industry in Georgia and establishing March 12, 2003, as "Georgia Tourism Day"; and for other purposes.

HR 280. By Representatives Marin of the 66th, Floyd of the 69th, Post 2, Coan of the 67th, Post 1, Orrock of the 51st, Thompson of the 69th, Post 1 and others:
A RESOLUTION noting the distinctive and historic 2,000th day copy of the US Korea Daily News on February 25, 2003; and for other purposes.

HR 281. By Representatives Hill of the 147th, Brooks of the 47th, Williams of the 128th, Beasley-Teague of the 48th, Post 2, Stanley-Turner of the 43rd, Post 2 and others:
A RESOLUTION recognizing and commending Mayor Kenneth E. Smith, Sr., of Kingsland, Georgia; and for other purposes.

HR 282. By Representatives Coleman of the 65th, Bannister of the 70th, Post 1, Dix of the 70th, Post 2, Sheldon of the 71st, Post 2, Heard of the 70th, Post 3 and others:
A RESOLUTION commending David McCleskey; and for other purposes.

HR 283. By Representative Shaw of the 143rd:

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A RESOLUTION commending Tammy Fraser, the 2003 Lanier County Teacher of the Year; and for other purposes.

HR 284. By Representative Shaw of the 143rd:
A RESOLUTION commending Lanier County Teachers of the Year; and for other purposes.

HR 285. By Representatives Randall of the 107th, Ray of the 108th, Graves of the 106th, Lucas of the 105th and Birdsong of the 104th:
A RESOLUTION commending Youth Leadership Bibb County, Inc.; and for other purposes.

HR 286. By Representative Shaw of the 143rd:
A RESOLUTION commending Dr. Linda Wood, a Lanier County High School science teacher who was awarded national certification by the National Board of Professional Teaching Standards in November, 2002; and for other purposes.

HR 287. By Representatives Howard of the 98th, Murphy of the 97th and Warren of the 99th:
A RESOLUTION recognizing the Fifth Grade Ballroom Dancers of Glenn Hills Elementary School as "The Ambassadors of the School"; and for other purposes.

HR 288. By Representatives Sholar of the 141st, Post 1, Broome of the 141st, Post 2, Black of the 144th, Rynders of the 137th and Royal of the 140th:
A RESOLUTION expressing regret at the passing of Honorable Robert Allen Sherrod; and for other purposes.

HR 289. By Representative Campbell of the 39th: A RESOLUTION recognizing and commending the Association of Marine

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Technicians and Joe De Marco; and for other purposes.

HR 290. By Representatives Floyd of the 132nd and James of the 114th:
A RESOLUTION recognizing and commending the Slosheye Trail Big Pig Jig; and for other purposes.

HR 291. By Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1 and Boggs of the 145th:
A RESOLUTION commending Mr. and Mrs. Duke Raulerson on the occasion of their fiftieth wedding anniversary; and for other purposes.

HR 292. By Representatives Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A RESOLUTION recognizing Corinth Free Will Baptist Church on its 100th anniversary; and for other purposes.

HR 293. By Representative Houston of the 139th:
A RESOLUTION recognizing and commending Mayor James E. Boone; and for other purposes.

HR 294. By Representative Wilkinson of the 41st: A RESOLUTION commending James Curtis; and for other purposes.

HR 295. By Representative Birdsong of the 104th:
A RESOLUTION honoring the life of Belinda Kaye Rawlins Johnson and expressing regret at her passing; and for other purposes.
HR 296. By Representatives Harbin of the 80th and Fleming of the 79th: A RESOLUTION commending the Columbia County Fireballs; and for other purposes.

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773

HR 297. By Representatives Smyre of the 111th, Buck of the 112th, Hugley of the 113th, Buckner of the 109th and Smith of the 110th:
A RESOLUTION commending Dr. Hazel Hall-Brennan; and for other purposes.

HR 298. By Representatives Borders of the 142nd, Black of the 144th and Shaw of the 143rd:
A RESOLUTION recognizing and commending Edith Smith; and for other purposes.

HR 299. By Representative Coleman of the 65th: A RESOLUTION commending Jeremy Tyler Neal; and for other purposes.

HR 300. By Representative Coleman of the 65th:
A RESOLUTION commending Chad Andrew DeLong; and for other purposes.

HR 301. By Representative Hembree of the 46th:
A RESOLUTION commending Asbury Clark Robinson, M.D.; and for other purposes.

HR 302. By Representative Greene of the 134th:
A RESOLUTION commending Benevolence Missionary Baptist Church of Cuthbert on the occasion of its 150th anniversary; and for other purposes.

HR 303. By Representative Keen of the 146th:
A RESOLUTION honoring Susan Arnold, the Glynn County Teacher of the Year; and for other purposes.

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HR 304. By Representatives Reece of the 21st, Amerson of the 9th, Mills of the 67th, Post 2, Coan of the 67th, Post 1 and Rogers of the 20th:
A RESOLUTION commending Victor Menocal;

HR 305. By Representative Parrish of the 102nd:
A RESOLUTION honoring the life of Hollis Jack Stephens and expressing regret at his passing; and for other purposes.

HR 306. By Representatives White of the 3rd, Post 2, Forster of the 3rd, Post 1 and Ralston of the 6th:
A RESOLUTION to commend and recognize Samantha Chastain; and for other purposes.

HR 307. By Representatives White of the 3rd, Post 2, Ralston of the 6th and Forster of the 3rd, Post 1:
A RESOLUTION expressing regret at the passing of Aud Lee Stepp; and for other purposes.

HR 308. By Representatives Ray of the 108th and James of the 114th: A RESOLUTION commending E. Paul Torrance; and for other purposes.

HR 309. By Representatives Wilkinson of the 41st and Cooper of the 30th: A RESOLUTION commending Amelia Olga Rawls; and for other purposes.

HR 310. By Representative Hembree of the 46th:
A RESOLUTION commending and congratulating Janet Long; and for other purposes.

HR 311. By Representative Coleman of the 65th:

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A RESOLUTION recognizing Breathe Georgia Day at the state capitol; and for other purposes.

HR 312. By Representative Roberts of the 135th:
A RESOLUTION in memory of Samuel T. (Sam) Clark; and for other purposes.

HR 313. By Representative Roberts of the 135th:
A RESOLUTION in remembrance of Deacon Prince William Polite, Jr.; and for other purposes.

HR 314. By Representative Roberts of the 135th:
A RESOLUTION remembering and honoring the life of Robert Lee Parker, Sr.; and for other purposes.

HR 315. By Representative Roberts of the 135th:
A RESOLUTION in remembrance of Willie "Ben" Kitchen; and for other purposes.

HR 316. By Representative Roberts of the 135th:
A RESOLUTION honoring the life of Mr. Freddie Henry, Sr.; and for other purposes.

HR 317. By Representative Roberts of the 135th: A RESOLUTION in memory of Walter Henry ; and for other purposes.

HR 318. By Representative Roberts of the 135th:
A RESOLUTION in memory or James Clinton (J.C.) Polite; and for other purposes.

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Representative Ray of the 108th moved that further consideration of HB 166 be postponed until the next legislative day.
The motion prevailed.

Representative Hanner of the 133rd District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 285 Do Pass, by Substitute

Respectfully submitted, /s/ Hanner of the 133rd
Chairman

Representative Epps of the 90th District, Chairman of the Committee on Regulated Industries, submitted the following report:
Mr. Speaker:
Your Committee on Regulated Industries has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 279 Do Pass

Respectfully submitted, /s/ Epps of the 90th
Chairman

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

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HB 194. By Representatives Powell of the 23rd, McBee of the 74th, Heard of the 75th and Wix of the 33rd, Post 1:
A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to extensively revise certain provisions relating to athlete agents; to enact the Uniform Athlete Agents Act; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To amend Chapter 4A of Title 43 of the Official Code of Georgia Annotated, relating to athlete agents, so as to provide a short title; to provide definitions; to provide for the Georgia Athlete Agent Regulatory Commission and its composition, terms, officers, powers and staff; to provide for appointment of the Secretary of State as agent for service of process by nonresident athlete agents under certain circumstances; to provide for registration of athlete agents; to prohibit persons from acting as athlete agents without registering with the commission; to provide for the content of registration forms; to provide for standards for the issuance or denial of registration certificates; to provide for renewal of registration certificates; to provide for sanctions of registrants; to provide for fees; to provide for temporary registration; to require the maintenance of certain records; to provide for criminal penalties for violations; to provide for surety bonds; to provide for prohibited acts by athlete agents; to provide for civil penalties; to provide for notice of signing of agency contracts; to provide for required information and provisions of agency contracts; to provide for certain notice to student athletes who sign agency contracts; to provide that such contracts are voidable and may be cancelled under certain circumstances; to provide for construction; to provide for electronic signatures; to provide a right of action by educational institutions against athlete agents and former student athletes when the educational institution is injured as a result of the violation of the provisions of this Act; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 4A of Title 43 of the Official Code of Georgia Annotated, relating to athlete agents, is amended by striking Code Section 43-4A-1, relating to short title, and inserting in lieu thereof a new Code Section 43-4A-1 to read as follows:
"43-4A-1.

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This chapter shall be known and may be cited as the 'Georgia Uniform Athlete Agents Regulatory Act of 1988.'"
SECTION 2. Said chapter is further amended by striking Code Section 43-4A-2, relating to definitions, and inserting in lieu thereof a new Code Section 43-4A-2 to read as follows:
"43-4A-2. As used in this chapter, the term:
(1) 'Agent Agency contract' means any contract or an agreement pursuant to in which an a student athlete authorizes or empowers an athlete agent a person to negotiate or solicit on behalf of the student athlete with one or more a professional sports teams for the employment of the athlete by one or more professional sports teams or to negotiate or solicit on behalf of the athlete for the employment of the athlete as a professional athlete services contract or an endorsement contract. (2) 'Athlete' means an individual who is eligible to participate in any intercollegiate sport and who is currently enrolled as a student at an institution of higher education or has signed a national grant-in-aid with an institution of higher education. (3) 'Athlete agent' means a person an individual who enters into an agency contract with a student athlete or, directly or indirectly, recruits or solicits an a student athlete to enter into an agent agency contract or professional sports services contract with that person or who for a fee procures, offers, promises, or attempts to obtain employment for an athlete with a professional sports team. This term includes an individual who represents to the public that the individual is an athlete agent. The This term 'athlete agent' does not include a spouse, parent, sibling, grandparent, or guardian of the student athlete or an individual acting solely on behalf the owner, employee, or other representative of a professional sports team, provided that such owner, employee, or representative does not recruit or solicit such athlete to enter into an agent contract or professional sports services contract or professional sports organization or for a fee does not procure, offer, promise, or attempt to obtain employment for such athlete with a professional sports team. (4) (3) 'Athletic department director' means the entity exercising control over the intercollegiate sports an individual responsible for administering the overall athletic program at of an educational institution of higher education, including, but not limited to, an athletic association, an athletic department, or an athletic foundation or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males and the athletic program for females, as appropriate. (5) 'Athletic director' means the representative of the intercollegiate sports program at an institution of higher education as identified on the annual report filed with the commission. (6) (4) 'Commission' means the Georgia Athlete Agent Regulatory Commission created in Code Section 43-4A-3. (5) 'Contact' means a communication, direct or indirect, between an athlete agent and

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a student athlete to recruit or solicit the student athlete to enter into an agency contract. (6) 'Endorsement contract' means an agreement under which a student athlete is employed or receives consideration to use on behalf of the other party any value that the student athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance. (7) 'Intercollegiate sport' means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association for the promotion or regulation of collegiate athletics. (7) 'Institution of higher education' means a public or private postsecondary school located in this state. (8) 'Person' means any individual, company, corporation, business trust, estate, trust, association, partnership, limited liability company, association, joint venture, or government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. (9) 'Professional sports services contract' means any contract or an agreement pursuant to under which an athlete individual is employed, or agrees to render services, as a player on a professional sports team, with a professional sports organization, or as a professional athlete. (10) 'Record' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (11) 'Registration' means registration as an athlete agent pursuant to this chapter. (12) 'State' means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (13) 'Student athlete' means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in any intercollegiate sport. If an individual is permanently ineligible to participate in a particular intercollegiate sport, the individual is not a student athlete for purposes of that sport."
SECTION 3. Said chapter is further amended by striking Code Section 43-4A-3, relating to the creation of the Georgia Athlete Agent Regulatory Commission, and inserting in lieu thereof a new Code Section 43-4A-3 to read as follows:
"43-4A-3. (a)(1) There is created shall be a commission for the regulation of athlete agents in the State of Georgia to be known as the Georgia Athlete Agent Regulatory Commission.
(2) The Until July 1, 2003, the commission shall consist of six members with an interest in college athletics to be appointed as follows:
(1) (A) The Governor shall appoint two commission members; (2) (B) The President of the Senate shall appoint two commission members; and (3) (C) The Speaker of the House of Representatives shall appoint two commission members.

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(3) On and after July 1, 2003, the commission shall consist of five members with an interest in college athletics to be appointed as follows:
(A) The Governor shall appoint two commission members; (B) The President of the Senate shall appoint one commission member; and (C) The Speaker of the House of Representatives shall appoint two commission members. (4) The terms of the members of the Georgia Athlete Agent Regulatory Commission serving on March 1, 2003, shall continue until June 30, 2003, at which time their terms shall end. Thereafter, successors to such board members shall be appointed in accordance with paragraph (3) of this subsection. (5) All members of the commission shall be citizens of the United States and residents of Georgia. The term of each commission member shall be for a period of three years and commission members may be eligible for reappointment, subject to the provisions of this chapter. If a vacancy occurs on the commission, the officer who originally appointed such member shall appoint a successor who shall take office immediately and serve the remainder of the unexpired term. The commission members and their successors shall have and exercise all the powers and authority vested by law in said commission. (b) The effective date of all original the appointments pursuant to paragraph (4) of subsection (a) of this Code section shall be September 1, 1988 July 1, 2003. (c) No person who has served two successive complete terms on the commission shall be eligible for reappointment until after the lapse of one year. Appointment to fill an unexpired term is not to be considered as a complete term. (d) The Governor shall remove from the commission any member for cause as provided in Code Section 43-1-17. (e) The commission shall elect annually a chairman chairperson and a vice-chairman vice chairperson. (f) A majority of the commission shall constitute a quorum for the transaction of business. (g) The commission may promulgate and from time to time amend rules and standards of conduct for athlete agents appropriate for the protection of the residents of the state. (h) Members of the commission shall be reimbursed as provided in subsection (f) of Code Section 43-1-2. (i) The division director shall be the secretary of the commission and provide all administrative services."
SECTION 4. Said chapter is further amended by striking Code Section 43-4A-4, relating to registration requirements, and inserting in lieu thereof a new Code Section 43-4A-4 to read as follows:
"43-4A-4. (a) No athlete agent shall contact an athlete, either directly or indirectly, or otherwise engage in or carry on the occupation of an athlete agent with an athlete without first

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registering with the commission. (b) Each institution of higher education shall file an annual report with the commission, on a form provided by the commission, identifying the athletic director for said institution. By acting as an athlete agent in this state, a nonresident individual appoints the division director of the professional licensing board as the individuals agent for service of process in any civil action in this state related to the individuals acting as an athlete agent in this state."
SECTION 5. Said chapter is further amended by inserting a new Code Section 43-4A-4.1 to read as follows:
"43-4A-4.1. (a) Except as otherwise provided in subsection (b) of this Code section, an individual may not act as an athlete agent in this state without holding a certificate of registration under this chapter. (b) Before being issued a certificate of registration, an individual may act as an athlete agent in this state for all purposes, except signing an agency contract, if:
(1) A student athlete or another person acting on behalf of the student athlete initiates communication with the individual; and (2) Within seven days after an initial act as an athlete agent, the individual submits an application for registration as an athlete agent in this state. (c) An agency contract resulting from conduct in violation of this Code section is void and the athlete agent shall return any consideration received under the contract."
SECTION 6. Said chapter is further amended by striking Code Section 43-4A-5, relating to application for registration, and inserting in lieu thereof a new Code Section 43-4A-5 to read as follows:
"43-4A-5. (a) A written application An applicant for registration or registration renewal shall be made submit an application for registration to the commission on the in a form prescribed by the commission and shall, at a minimum, state the following. An application filed under this Code section is a public record. The application must be in the name of an individual and state or contain the following and any other information required by the commission:
(1) The name of the applicant and the address of the applicants residence and principal place of business; (2) The address where the business of the athlete agent is to be conducted name of the applicants business or employer, if applicable; (3) The Any business or occupation engaged in by the applicant for at least two the five years immediately next preceding the date of submission of the application; (4) Such biographical information on the applicant as may be deemed necessary by

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the commission; and A description of the applicants: (A) Formal training as an athlete agent; (B) Practical experience as an athlete agent; and (C) Educational background relating to the applicants activities as an athlete agent;
(5) The names and addresses of all persons, except bona fide employees on stated salaries, who are financially interested, either as partners, members of a limited liability company, associates, or profit sharers, in the operation of the business of the athlete agent three individuals not related to the applicant who are willing to serve as references; (6) The name, sport, and last known team for each individual for whom the applicant acted as an athlete agent during the five years next preceding the date of submission of the application; (7) The names and addresses of all persons who are:
(A) With respect to the athlete agents business if it is not a corporation, the partners, members, officers, managers, associates, or profit sharers of the business; and (B) With respect to a corporation employing the athlete agent, the officers, directors, and any shareholder of the corporation having an interest of 5 percent or greater; (8) Whether the applicant or any person named pursuant to paragraph (7) of this subsection has been convicted of a crime that, if committed in this state, would be a crime involving moral turpitude or a felony, and identify the crime; (9) Whether there has been any administrative or judicial determination that the applicant or any person named pursuant to paragraph (7) of this subsection has made a false, misleading, deceptive, or fraudulent representation; (10) Any instance in which the conduct of the applicant or any person named pursuant to paragraph (7) of this subsection resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event on a student athlete or educational institution; (11) Any sanction, suspension, or disciplinary action taken against the applicant or any person named pursuant to paragraph (7) of this subsection arising out of occupational or professional conduct; and (12) Whether there has been any denial of an application for, suspension or revocation of, or refusal to renew the registration or licensure of the applicant or any person named pursuant to paragraph (7) of this subsection as an athlete agent in any state. (b) The application for registration shall be accompanied by affidavits or certificates of completion of any and all formal training or practical experience in any one of the following specific areas: contracts, contract negotiation, complaint resolution, arbitration, or civil resolution of contract disputes. The commission, in evaluating the applicants qualifications, may consider any other relevant training, education, or experience to satisfy this requirement."

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SECTION 7. Said chapter is further amended by striking Code Section 43-4A-6, relating to evaluation and investigation of applicant, and inserting in lieu thereof a new Code Section 43-4A-6 to read as follows:
" 43-4A-6. Upon receipt of an application for registration, the commission may evaluate and investigate the education, training, experience, and character of the applicant and may examine the premises designated in the application to verify it to be the principal place of business in which the applicant proposes to conduct business as an athlete agent Reserved."
SECTION 8. Said chapter is further amended by striking Code Section 43-4A-7, relating to grounds for refusal or revocation of registration, and inserting in lieu thereof a new Code Section 434A-7 to read as follows:
"43-4A-7. (a) The commission, by a majority of its members present and voting, may refuse to grant issue a certificate of registration to an applicant therefor or may revoke a registration of a person registered by the commission or may discipline a person registered by the commission upon making a finding that the applicant or registrant or his or her representative or employee if the commission determines that the applicant has engaged in conduct that has a significant adverse effect on the applicants fitness to act as an athlete agent. In making the determination, the commission may consider whether the applicant has:
(1) Been convicted of a crime that, if committed in this state, would be a crime involving moral turpitude or a felony; (2) Has made Made a material false, misleading, deceptive, untrue, or fraudulent representation in the application or as an athlete agent or in any document connected therewith or practiced fraud or deceit or made a false statement of a material nature in his or her application for registration or made a false or deceptive statement of a material nature on an application for biennial registration renewal with the commission; (2) (3) Has ever misappropriated funds or engaged Engaged in other specific acts such as embezzlement, theft, or fraud which conduct that would render him or her unfit to serve disqualify the applicant from serving in a fiduciary capacity; (3) (4) Has engaged Engaged in such other conduct that has a significant adverse impact on his or her creditability, honesty, integrity, or competence to serve in a fiduciary capacity prohibited by this chapter; (5) Had a registration or licensure as an athlete agent suspended, revoked, or denied or been refused renewal of registration or licensure as an athlete agent in any state; (4) (6) Has engaged Engaged in conduct which results in a violation of any rule or regulation promulgated by the consequence of which was that a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate

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sports governing body athletic event was imposed on a student athlete or educational institution; or (5) Has been convicted of a crime covered by Article 2 of Chapter 12 of Title 16 or has been convicted of a gambling offense in another state; (6) Has been convicted of violating a statute, law, or any rule or regulation of this state, any other state, the commission, the United States, or any other lawful licensing authority, without regard to whether the violation is criminally punishable, which law, rule, or regulation relates to or in part regulates athlete agents, or violating a lawful order of the commission previously entered by the commission in a disciplinary hearing; (7) Is unwilling to swear or affirm that he or she will comply with such rules and standards of conduct for athlete agents as may from time to time be promulgated by the commission; (8) Has engaged in conduct which results in an athletes losing eligibility to participate in intercollegiate sports contests as a member of a sports team of an institution of higher education; (9) Except as provided in subsection (b) or (c) of this Code section, has directly or indirectly contacted an athlete prior to the completion of the athletes last intercollegiate contest for the purpose of entering or soliciting entry into an agent contract; (10) Has accepted as a client an athlete referred by and in exchange for any consideration made to an employee or coach of an institution of higher education; (11) Has offered anything of value to any person to induce an athlete to enter into an agent contract; or (12) (7) Has postdated an agent contract Engaged in conduct that significantly adversely reflects on the applicants credibility, honesty, or integrity. (b) This chapter does not prohibit an athlete agent from sending to an athlete written materials, provided that the athlete agent simultaneously sends an identical copy of such written materials to the athletic director of the institution of higher education in which the athlete is enrolled, or with which the athlete has signed a national grant-inaid, or to such athletic directors designee In making a determination under subsection (a) of this Code section, the commission shall consider: (1) How recently the conduct occurred; (2) The nature of the conduct and the context in which it occurred; and (3) Any other relevant conduct of the applicant. (c) This chapter does not prohibit an athlete agent from contacting an athlete for the purpose of entering or soliciting entry into an agent contract, provided that the athlete or the athletes parent or guardian initiates the contact and the athlete agent gives prior notice of his or her contact to the athletic director of the institution of higher education in which the athlete is enrolled, or with which the athlete has signed a national grant-inaid, or to such athletic directors designee. (d) (c) The refusal to grant a registration shall not be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure

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Act.' Notice and hearing within the meaning of such chapter shall not be required. Notice of refusal to grant a registration is required to shall be sent by registered mail or statutory overnight delivery or personal service setting forth the particular reasons for the refusal. The written notice shall be sent to the applicants address of record with the commission and the applicant shall be allowed to appear before the commission if the applicant so requests to do so in writing. (d) An athlete agent may apply to renew a registration by submitting an application for renewal in a form prescribed by the commission. An application filed under this subsection is a public record. (e) A certificate of registration or a renewal of a registration is valid for a period of up to two years."
SECTION 9. Said chapter is further amended by striking Code Section 43-4A-8, relating to actions against persons unqualified for registration or registrants to be disciplined, and inserting in lieu thereof a new Code Section 43-4A-8 to read as follows:
"43-4A-8. (a) When the The commission finds that a person is unqualified to be granted a may suspend, revoke, or refuse to renew a registration or finds that a registrant should be disciplined pursuant to the laws of this state, may discipline a person registered by the commission may take any one or more of the following actions: for conduct that would have justified denial of registration under Code Section 43-4A-7
(1) Refuse to grant or renew a registration; (2) Administer a public reprimand; (3) Suspend any registration for a definite period of time or for an indefinite period of time in connection with any condition which may be attached to the restoration of said registration; (4) Limit or restrict any registration as the commission deems necessary for the protection of the public; (5) Revoke any registration; (6) Impose a fine not to exceed $100,000.00 for each violation of a law, rule, or regulation; or (7) Impose any condition on a registration, including, but not limited to, requiring a surety bond in excess of $10,000.00, which the commission may reasonably deem necessary for the protection of the public. (b) The commission may discipline, suspend, revoke, or refuse to renew a certificate of registration only after proper notice and an opportunity for a hearing. (c) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedures Act' shall be applicable to the commission and the provisions of this chapter."
SECTION 10. Said chapter is further amended by striking Code Section 43-4A-9, relating to duration of registration, and inserting in lieu thereof a new Code Section 43-4A-9 to read as follows:

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"43-4A-9. A registration shall be valid for a period of up to two years. Renewal of a registration shall require the filing of an application for renewal, and a renewal bond, if applicable. A renewal fee shall be paid by the athlete agent at the time of filing such application An application for registration or renewal of registration must be accompanied by such fee as shall be prescribed by the commission and a renewal bond, if applicable. The fee shall be the same for all applicants regardless of previous or current registrations or licenses in other states or jurisdictions as an athlete agent."
SECTION 11. Said chapter is further amended by striking Code Section 43-4A-10, relating to temporary registration, and inserting in lieu thereof a new Code Section 43-4A-10 to read as follows:
"43-4A-10. Upon receipt by the The commission of a completed application for registration, surety bond, and fee and after approval of the chairman of the commission, the division director may in his or her discretion may issue a temporary certificate of registration to an applicant while an application for registration or renewal of registration is pending, upon receipt by the commission of a completed application for registration, surety bond, and fee and after approval by the chairperson of the commission. The division director may in his or her discretion issue a temporary registration to the applicant, which registration shall have the same force and effect as a permanent registration until the next regular meeting of the commission when the temporary registration shall become void. A temporary registration shall not be recorded. A temporary registration shall be subject to revocation in the same manner as a permanent registration may be voided at any time."
SECTION 12. Said chapter is further amended by striking Code Section 43-4A-11, relating to violations, and inserting in lieu thereof a new Code Section 43-4A-11 to read as follows:
"43-4A-11. (a) Any person who engages in the occupation of an athlete agent with an athlete without complying with this chapter shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $5,000.00 nor more than $100,000.00 or by imprisonment from one to five years, or both An athlete agent shall retain the following records for a period of five years:
(1) The name and address of each individual represented by the athlete agent; (2) Any agency contract entered into by the athlete agent; and (3) Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student athlete to enter into an agency contract. (b) Any agent contract or professional services contract that is negotiated for, with, or on behalf of an athlete by an athlete agent who has failed to comply with the registration requirements of subsection (a) of Code Section 43-4A-4 is void Records

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required by subsection (a) of this Code section to be retained are open to inspection by the commission during normal business hours."
SECTION 13. Said chapter is further amended by striking Code Section 43-4A-12, relating to fees, and inserting in lieu thereof a new Code Section 43-4A-12 to read as follows: " "43-4A-12.
The commission is authorized to charge an application fee, temporary registration fee, registration fee, registration renewal fee, or similar fees and may establish the amount of the fees to be charged. Each fee so established shall be reasonable and shall be determined in such a manner that the total amount of fees charged by the commission shall approximate the total of the direct and indirect costs to the state of the operations of the commission An athlete agent who violates Code Section 43-4A-16 shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than $5,000.00 nor more than $100,000.00, by imprisonment of one to five years, or both such fine and imprisonment."
SECTION 14. Said chapter is further amended by striking Code Section 43-4A-13, relating to surety bond requirements, and inserting in lieu thereof a new Code Section 43-4A-13 to read as follows:
"43-4A-13. (a) An athlete agent shall deposit or have deposited with the commission, prior to the issuance of a registration or renewal of a registration, a surety bond in the penal sum of not less than $10,000.00, as established by the commission. Such surety bond shall be executed in the favor of the state with a surety company authorized to do business in this state and conditioned to pay damages in the amount of such bond to any athletic department aggrieved by any act of the principal named in such bond, which act is in violation of Code Section 43-4A-16 43-4A-14 or would be grounds for revocation of a license under Code Section 43-4A-7 or 43-4A-8 this chapter. If more than one athletic department suffers damages by the actions of an athlete agent, each athletic department shall receive a pro rata share of the amount of the bond based on the entitlement of one share of such amount of the bond for each student athlete who loses his or her eligibility to participate in intercollegiate sports contests as a member of a sports team at an institution of higher education as a result of actions of the athlete agent. (b) If any registrant fails to maintain such bond so as to comply with the provisions of this Code section, the registration issued to the athlete agent shall be suspended until such time as a new bond is obtained. An athlete agent whose registration is suspended pursuant to this Code section shall not carry on any business as an athlete agent during the period of suspension."
SECTION 15. Said chapter is further amended by striking Code Section 43-4A-14, relating to failure to

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maintain surety bond, and inserting in lieu thereof a new Code Section 43-4A-14 to read as follows:
"43-4A-14. (a) If any registrant fails to maintain such bond so as to comply with the provisions of Code Section 43-4A-13, the registration issued to the athlete agent shall be suspended until such time as a new bond is obtained. An athlete agent whose registration is suspended pursuant to this Code section shall not carry on business as an athlete agent during the period of suspension An athlete agent shall not, with the intent to induce a student athlete to enter into an agency contract:
(1) Give any materially false or misleading information or make a materially false promise or representation; (2) Furnish anything of value to a student athlete before the student athlete enters into the agency contract; or (3) Furnish anything of value to an individual other than the student athlete or another registered athlete agent. (b) An athlete agent may not intentionally: (1) Initiate contact with a student athlete unless registered under this chapter; (2) Refuse or fail to retain or permit inspection of the records required to be retained by this chapter; (3) Fail to register when required by this chapter; (4) Provide materially false or misleading information in an application for registration or renewal of registration; (5) Predate or postdate an agency contract; or (6) Fail to notify a student athlete before the student athlete signs or otherwise authenticates an agency contract for a particular sport that such signing or authentication may make the student athlete ineligible to participate as a student athlete in that sport."
SECTION 16. Said chapter is further amended by striking Code Section 43-4A-15, relating to registration requirements, and inserting in lieu thereof a new Code Section 43-4A-15 to read as follows:
"43-4A-15. Each registration shall contain the following:
(1) The name of the registrant; (2) A designation of the address of the place in which the registrant is authorized to carry on business as an athlete agent; and (3) The registration number and date of issuance of the registration The commission may assess a civil penalty against an athlete agent not to exceed $25,000.00 for a violation of this chapter."
SECTION 17. Said chapter is further amended by striking Code Section 43-4A-16, relating to signing

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contract prior to termination of athletes eligibility at institution of higher education, and inserting in lieu thereof a new Code Section 43-4A-16 to read as follows:
"43-4A-16. (a)(1) An athlete agent who intends to sign an athlete to an agent contract prior to the termination of the athletes eligibility to participate in intercollegiate sports contests at an institution of higher education shall notify the commission in writing. The Within 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall provide the name of the athlete and the athletes institution of higher education and the sport or sports in which the athlete competes at such institution of higher education. The commission shall within seven business days notify in writing give notice in a record of the existence of the contract to the athletic director of the educational institution of higher education attended by at which the student athlete, provided that said institution has filed the annual report required by subsection (b) of Code Section 43-4A-4. Except as otherwise provided in this subsection for notification of the athletic director, the notice filed by the athlete agent with the commission shall be confidential information and not a public record. The athlete agent shall not be permitted to sign the athlete to an agent contract until the expiration of 30 days from the date that the commission received notice from the agent of the intention to sign such contract is enrolled or the athlete agent has reasonable grounds to believe the student athlete intends to enroll. (2) An athlete agent who signs an athlete to an agent contract prior to the termination of the athletes eligibility to participate in intercollegiate sports contests at an institution of higher education shall provide written notice of the contract to the athletic director of the institution of higher education in which the athlete is enrolled or with which the athlete has signed a national grant-in-aid. The athlete agent must give the notice before the contracting athlete practices or participates in any intercollegiate athletic event or within 72 hours after entering into the contract, whichever comes first.
(b) Prior to the signing of an agent contract, an athlete agent shall not compensate any athlete or take any other action in connection with such athlete which may jeopardize such athletes eligibility to participate in intercollegiate sports contests at an institution of higher education Within 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the student athlete shall inform the athletic director of the educational institution at which the student athlete is enrolled that he or she has entered into an agency contract. (c) If an athlete agent fails to comply with the provisions of subsection (a) or (b) of this Code section, such athlete agent shall be liable for damages in the amount of the bond deposited pursuant to Code Section 43-4A-13 to any athletic department for which an athlete participates, which athlete was the subject of the agent contract or consideration or other action resulting in a violation of this Code section. The provisions of this subsection shall apply regardless of whether an athlete loses any eligibility to

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participate in intercollegiate sports contests at such institution of higher education. (d) If an athlete agent fails to comply with the provisions of subsection (a) or (b) of this Code section, any agent contract that is negotiated by said athlete agent is void. The provisions of this subsection shall apply regardless of whether an athlete loses any eligibility to participate in intercollegiate sports contests at such institution of higher education. (e) If an athlete agent fails to comply with the provisions of subsection (a) or (b) of this Code section, said athlete agent is subject to forfeiture of any right of repayment of anything of value either received by an athlete as an inducement to enter into any agent contract or received by an athlete before completion of the athletes last intercollegiate sports contest."
SECTION 18. Said chapter is further amended by striking Code Section 43-4A-16.1, relating to agent contract, and inserting in lieu thereof a new Code Section 43-4A-16.1 to read as follows:
"43-4A-16.1. (a) An agent agency contract must be in writing, state the fees and percentages to be paid by the athlete to the athlete agent, and have a notice printed near a record that is signed or otherwise authenticated by the parties. (b) An agency contract must state or contain:
(1) The amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services; (2) The name of any person not listed in the application for registration or renewal of registration who will be compensated because the student athlete signed the agency contract; (3) A description of any expenses that the student athlete agrees to reimburse; (4) A description of the services to be provided to the student athlete; (5) The duration of the contract; and (6) The date of execution. (c) An agency contract must contain, in close proximity to the signature of the student athlete, a conspicuous notice the athletes signature containing the following statement in ten-point boldface type in capital letters stating: 'NOTICE WARNING TO THE STUDENT ATHLETE: WHEN IF YOU SIGN THIS CONTRACT,:
(1) YOU WILL LIKELY IMMEDIATELY MAY LOSE YOUR ELIGIBILITY TO COMPETE IN INTERCOLLEGIATE ATHLETICS. DO NOT SIGN THIS CONTRACT UNTIL YOU HAVE READ IT AND FILLED IN ANY BLANK SPACES. YOU MAY CANCEL THIS CONTRACT BY NOTIFYING THE ATHLETE AGENT IN WRITING OF YOUR DESIRE TO CANCEL NOT LATER THAN THE FIFTEENTH DAY AFTER THE DATE YOU SIGN THIS CONTRACT. HOWEVER, EVEN IF YOU CANCEL THIS CONTRACT, THE

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NATIONAL COLLEGIATE ATHLETIC ASSOCIATION OR THE CONFERENCE TO WHICH YOUR COLLEGE OR UNIVERSITY BELONGS MAY NOT RESTORE YOUR ELIGIBILITY TO PARTICIPATE IN INTERCOLLEGIATE ATHLETICS AS A STUDENT ATHLETE IN YOUR SPORT; (2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND (3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.' (b) (d) An agent agency contract which that does not meet the requirements of conform to this Code section is void and unenforceable voidable by the student athlete. If a student athlete voids an agency contract, the student athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter into the contract. (c) (e) The athlete agent shall have the right to rescind an agent contract by giving written notice to the athlete agent of the athletes rescission of the contract within 15 days after the date on which the agent signs the contract. The athlete may not under any circumstances waive the athletes right to rescind the agent contract give a record of the signed or otherwise authenticated agency contract to the student athlete at the time of execution. (d) A postdated agent contract is void and unenforceable. (e) An athlete agent shall not enter into an agent contract that purports to take effect or takes effect at a future time after the athlete no longer has remaining eligibility to participate in intercollegiate athletics. Such a contract is void and unenforceable."
SECTION 19. Said chapter is further amended by striking Code Section 43-4A-17, relating to applicability of "Georgia Administrative Procedure Act," and inserting in lieu thereof a new Code Section 43-4A-17 to read as follows:
"43-4A-17. (a) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall be applicable to the commission and the provisions of this chapter A student athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within 14 days after the contract is signed. (b) A student athlete may not waive the right to cancel an agency contract. (c) If a student athlete cancels an agency contract, the student athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter into the contract."
SECTION 20. Said chapter is further amended by adding a new Code Section 43-4A-18 to read as

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follows: "43-4A-18. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it."
SECTION 21. Said chapter is further amended by striking Code Section 43-4A-19, relating to exceptions to applicability of chapter, and inserting in lieu thereof a new Code Section 43-4A-19 to read as follows:
"43-4A-19. (a) This chapter shall not apply to an athlete who has participated for at least one full season as a member of a team which is part of an organized nonscholastic association whether amateur or semiprofessional with respect to such sport nor shall it apply to the owner or coach of such athletes team when representing such athlete. (b) This chapter shall not be applicable to a person or agreement involving an athlete and an amateur athletic team The provisions of this chapter governing the legal effect, validity, or enforceability of electronic records or signatures and of contracts formed or performed with the use of such records or signatures conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act, Pub. L. No. 106-229, 114 Stat. 464 (2000), and supersede, modify, and limit the Electronic Signatures in Global and National Commerce Act."
SECTION 22. Said chapter is further amended by striking Code Section 43-4A-20, relating to institutions of higher education and relationship to athlete agent, and inserting in lieu thereof a new Code Section 43-4A-20 to read as follows:
"43-4A-20. (a) An educational institution of higher education may bring a civil action for recovery of damages has a right of action against an athlete agent or former student athlete for damages caused by a violation of this chapter. if the institution of higher education is damaged by the acts of the athlete agent or the athlete agents representative or employee in violation of this chapter. Such action shall be brought within four years after the right of action accrues In an action under this Code section, the court may award to the prevailing party costs and reasonable attorneys fees. (b) An Damages to an educational institution of higher education is presumed to be damaged by the acts of an athlete agent or the athlete agents representative or employee if, because of those acts: under subsection (a) of this Code section include losses and expenses incurred because, as a result of the conduct of an athlete agent or former student athlete, the educational institution was injured by a violation of this chapter or was
(1) The institution of higher education is penalized, suspended, or disqualified, or suspended from participation in one or more interscholastic or intercollegiate athletic

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events by the National Collegiate Athletic Association or by an intercollegiate athletic conference; and athletics by a national association for the promotion and regulation of athletics, by an athletic conference, or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization (2) As a result of said penalty, suspension, or disqualification, the institution of higher education suffers an adverse financial impact due to:
(A) Loss of revenue from media coverage of a sports contract; (B) Loss of the right to grant an athletic scholarship; (C) Loss of the right to recruit an athlete; (D) Loss of the right to participate in a postseason athletic competition; (E) Forfeiture of an athletic contest; or (F) Loss of other discernible opportunities through which the institution would have realized revenue. (c) An institution of higher education that prevails in an action brought under this Code section may recover actual damages, punitive damages, court costs, and reasonable attorneys fees A right of action under this Code section does not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent or former student athlete. (d) Any liability of the athlete agent or the former student athlete under this Code section is several and not joint. (e) This chapter does not restrict rights, remedies, or defenses of any person under law or equity."
SECTION 23. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart E Elrod E Epps

Y Hill, C.A Y Hill, V N Hines
Holmes Y Houston Y Howard Y Howell
Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins

Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock
Parham

Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R

794
Y Bridges N Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G E Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell
Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Jones Y Jordan N Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham
Manning Y Marin Y Martin N Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Parrish E Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S N Rice
Richardson Y Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott
Shaw Y Sheldon Y Sholar

Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E
Williams, R Y Wix N Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 155, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 134. By Representative Buck of the 112th:
A BILL to amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to bingo rules and regulations, so as to change the maximum amounts which may be awarded as prizes; and for other purposes.

The report of the Committee, which was favorable to the 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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell

Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q

Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T

Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G E Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell N Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B
Cooper Y Crawford Y Cummings

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Y Douglas Drenner
Y Dukes Y Ehrhart E Elrod E Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster Y Franklin Y Gardner Y Golick Y Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson Y Hill, C

Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox
Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin N Martin Y Massey N Maxwell Y McBee Y McCall Y McClinton Y Millar N Mills Y Mitchell

Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall
Ray Y Reece, B Y Reece, S N Rice
Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor N Scott
Shaw Y Sheldon Y Sholar

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Y Smith, V Y Smyre N Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson N Westmoreland Y White N Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 149, nays 15. The Bill, having received the requisite constitutional majority, was passed.

HB 237. By Representatives Hanner of the 133rd, McCall of the 78th, Royal of the 140th, Smith of the 87th and Powell of the 23rd:
A BILL to amend Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional duties and powers of the State Soil and Water Conservation Commission, so as to provide for certain powers and duties related to water resources; to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to change certain provisions relating to permits for withdrawal, diversion, or impoundment of surface waters and monitoring, recording, and reporting water withdrawn by certain irrigation systems; and for other purposes.

Representative Hanner of the 133rd asked unanimous consent that the rules of the

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House be waived in order that Dr. Harold Reheis, Director of the Environmental Protection Division of the Georgia Department of Natural Resources, be allowed to answer questions concerning HB 237. It was so ordered.

The following Committee substitute was read:

A BILL
To amend Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional duties and powers of the State Soil and Water Conservation Commission, so as to provide for certain powers and duties related to water resources; to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to change certain provisions relating to permits for withdrawal, diversion, or impoundment of surface waters and monitoring, recording, and reporting water withdrawn by certain irrigation systems; to change certain provisions relating to definitions relative to groundwater use generally; to change certain provisions relating to permits to withdraw, obtain, or use ground water, water conservation plans, factors to be considered, notice of official acts, administrative hearings, and judicial review; to change certain provisions relating to emergency orders, hearings, and appeals; to change certain provisions relating to permits for farm uses, notice of transfer or modification in use or capacity, nonuse, suspension or modification, priority uses, and effect on existing common or statutory law; to provide for preparation, review, and submission of a proposed comprehensive state-wide water management plan; to provide rules and regulations; to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitations on actions to contest rules, and legislative override, so as to provide an exception; to provide legislative findings and declarations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1.
Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional powers and duties of the State Soil and Water Conservation Commission, is amended by inserting a new paragraph to read as follows:
"(7.1) To formulate such rules and regulations and to exercise such powers as are necessary to perform its duties under subsection (o) of Code Section 12-5-31 and subsection (d) of Code Section 12-5-105;"

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PART II SECTION 2-1.
Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by striking Code Section 12-5-31, relating to permits for withdrawal, diversion, or impoundment of surface waters and monitoring, recording, and reporting water withdrawn by certain irrigation systems, and inserting in lieu thereof the following:
"12-5-31. (a) As used in this Code section, the term:
(1) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources or his or her designee. (2) 'Diversion' means a turning aside or altering of the natural course of surface waters. (3) 'Farm uses' means irrigation of any land used for general farming, forage, aquaculture, pasture, turf production, orchards, or tree and horticultural nurseries; or provisions of water supply for farm animals, poultry farming, or any other activity conducted in the course of a farming operation. Farm uses shall also include the processing of perishable agricultural products and the irrigation of recreational turf, except in the Chattahoochee River watershed upstream from Peachtree Creek where irrigation of recreational turf shall not be considered a farm use. (4) 'Impoundment' means the storing or retaining of surface waters by whatever method or means. (5) 'Surface waters of the state' or 'surface waters' means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs producing in excess of 100,000 gallons per day, and all other bodies of surface water, natural or artificial, lying within or forming a part of the boundaries of the state which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation. (6) 'Withdrawal' means the taking away of surface waters from their natural course. (a)(b)(1) No person shall make any withdrawal, diversion, or impoundment of any of the surface waters of the state for whatever use without obtaining a permit from the director; provided, however, that no permit shall be required for:
(A) Any such withdrawal or combination of several withdrawals on one or more properties or fields in combination as a system which does not involve more than 100,000 gallons per day on a monthly average; (B) Any such diversion or combination of several diversions on one or more properties or fields in combination as a system which does not reduce the flow of the surface waters at the point where the watercourse, prior to diversion, leaves the persons or persons property or properties on which the diversion occurred, by more than 100,000 gallons per day on a monthly average; (C) Any such diversion accomplished as part of construction for transportation purposes which does not reduce the flow of surface waters in the diverted

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watercourse by more than 150,000 gallons per day on a monthly average; or (D) Any such impoundment or combination of several impoundments on one or more properties or fields in combination as a system which does not reduce the flow of the surface waters immediately downstream of the impoundment by more than 100,000 gallons per day on a monthly average.; or (E) Any recycled water for farm use. (2) No permit shall A permit may be required for a reduction of flow of surface waters during the period of construction of an impoundment, including the initial filling of the impoundment, or for farm ponds or farm impoundments constructed and managed for the sole purpose of fish, wildlife, recreation, or other farm uses. Prior to the initial construction and filling of an impoundment, a permit issued pursuant to this Code section shall be required for the use of such an impoundment for withdrawals greater than 100,000 gallons per day. (3) A permit application for the continued farm use from an impoundment or combination of several impoundments on one or more properties or fields in combination as a system of greater than 100,000 gallons per day must be submitted on or before July 1, 2004, by any person who used such an impoundment on or before July 1, 2003, and desires to continue such use in the future. Such permit shall be issued by the director not later than July 1, 2005. (3)(4)(A) Notwithstanding any other provision of this Code section to the contrary, a permit for the withdrawal or diversion of surface waters for farm uses shall be issued by the director to any person when the applicant submits an application which provides reasonable proof that the applicants farm use of surface waters occurred prior to July 1, 1988, and when any such application is submitted prior to July 1, 1991. If submitted prior to July 1, 1991, an application for a permit to be issued based upon farm uses of surface waters occurring prior to July 1, 1988, shall be granted for the withdrawal or diversion of surface waters at a rate of withdrawal or diversion equal to the greater of the operating capacity in place for withdrawal or diversion on July 1, 1988, or, when measured in gallons per day on a monthly average for a calendar year, the greatest withdrawal or diversion capacity during the five-year period immediately preceding July 1, 1988. If submitted after July 1, 1991, or, regardless of when submitted, if it is based upon a withdrawal or diversion of surface waters for farm uses occurring or proposed to occur on or after July 1, 1988, an application shall be subject to evaluation and classification pursuant to subsections (e), (f), and (g) of this Code section, but a permit based upon such evaluation and classification shall may be issued to ensure the applicants right to a reasonable use of such surface waters. Any permit issued pursuant to this paragraph subparagraph shall be conditioned upon the requirement that the permittee shall provide, on forms prescribed by the director, information relating to a general description of the lands and number of acres subject to irrigation and the permit; a description of the general type of irrigation system used; the source of withdrawal water such as river, stream, or impoundment; and pump information, including rated capacity, pump location, and power information. Permits issued under this

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paragraph subparagraph shall have no term and may be transferred or assigned to subsequent owners of the lands which are the subject of such permit; provided, however, that the division shall receive written notice of any such transfer or assignment. Any modification in the use or capacity conditions contained in the permit or in the lands which are the subject of such permit shall require the permittee to submit an application for review and approval by the director consistent with this Code section. (B) On or after July 1, 2003, the director may deny an application for a withdrawal permit for farm use or an increase in withdrawal from an existing permit for farm use based on the availability of water in the watershed or aquifer or if the applicant fails to demonstrate a need for the water. A maximum annual volume of water that the permittee may use shall be specified as a permit limit for any farm use permit issued after July 1, 2003. If use has not commenced within two years after an initial such permit has been issued, then the permit may be revoked in whole or in part. Periodic idling of use under a farm use permit due to silvicultural or agricultural rotations or implementation of Article 9 of this chapter, the 'Flint River Drought Protection Act,' shall not be cause for permit revocation. (C) Nothing in this paragraph shall be construed as a repeal or modification of Code Section 12-5-46. (b) For purposes of this Code section, the term: (1) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources, or his designee. (2) 'Diversion' means a turning aside or altering of the natural course of surface waters. (3) 'Farm uses' means irrigation of any land used for general farming, forage, aquaculture, pasture, turf production, orchards, or tree and ornamental nurseries; provisions of water supply for farm animals, poultry farming, or any other activity conducted in the course of a farming operation. Farm uses shall also include the processing of perishable agricultural products and the irrigation of recreational turf, except in the Chattahoochee River watershed upstream from Peachtree Creek, where irrigation of recreational turf shall not be considered a farm use. (4) 'Impoundment' means the storing or retaining of surface water by whatever method or means. (5) 'Surface water(s) of the state' or 'surface water(s)' means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs producing in excess of 100,000 gallons per day, and all other bodies of surface water, natural or artificial, lying within or forming a part of the boundaries of the state which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation. (6) 'Withdrawal' means the taking away of surface water from its natural course. (c) To obtain a permit pursuant to this Code section, the applicant must establish that the proposed withdrawal, diversion, or impoundment of surface waters is consistent with this article.

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(d) All permit applications filed with the director under this Code section shall contain the name and address of the applicant or, in the case of a corporation, the address of its principal business office in this state; the date of filing; the source of the water supply; the quantity of water applied for; the use to be made of the water and any limitation thereon; the place of use; the location of the withdrawal, diversion, or impoundment; for those permits which indicate an increase in water usage, except for permits solely for agricultural use, a water conservation plan approved by the director and prepared based on guidelines issued by the director; and such other information as the director may deem necessary; provided, however, that any required information already provided the director by the applicant in the context of prior dealings with the division, which information is still correct, may be incorporated into the application by adequate reference to same. For any permit solely for farm use, a water conservation plan prepared by the State Soil and Water Conservation Commission or by the federal Natural Resources Conservation Service shall be deemed in compliance with the plan requirement of this subsection. The director shall collect and disseminate such technical information as the director deems appropriate to assist applicants in the preparation of water conservation plans. (e) Subject to subsection (g) of this Code section, the Board of Natural Resources shall by rule or regulation establish a reasonable system of classification for application in situations involving competing uses, existing or proposed, for a supply of available surface waters. Such classifications shall be based upon but not necessarily limited to the following factors:
(1) The number of persons using the particular water source and the object, extent, and necessity of their respective withdrawals, diversions, or impoundments; (2) The nature and size of the water source; (3) The physical and chemical nature of any impairment of the water source adversely affecting its availability or fitness for other water uses; (4) The probable severity and duration of such impairment under foreseeable conditions; (5) The injury to public health, safety, or welfare which would result if such impairment were not prevented or abated; (6) The kinds of businesses or activities to which the various uses are related and the economic consequences; (7) The importance and necessity of the uses, including farm uses, claimed by permit applicants and the extent of any injury or detriment caused or expected to be caused to other water uses; (8) Diversion from or reduction of flows in other watercourses; (9) The prior investments of any person in lands, and plans for the usage of water in connection with such lands which plans have been submitted to the director within a reasonable time after July 1, 1977, or, if for farm uses, after July 1, 1988; provided, however, that the granting of such permit shall not have unreasonably adverse effects upon other water uses in the area, including potential as well as present use; and (10) The varying circumstances of each case.

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(f) In the event two or more competing applicants or users qualify equally under subsection (e) of this Code section, the director is authorized to grant permits to applicants or modify the existing permits of users for use of specified quantities of surface waters on a prorated or other reasonable basis in those situations where such action is feasible; provided, however, the director shall give preference to an existing use over an initial application. (g) The division shall take into consideration the extent to which any withdrawals, diversions, or impoundments are reasonably necessary, in the judgment of the director, to meet the applicants needs and shall grant a permit which shall meet those reasonable needs; provided, however, that the granting of such permit shall not have unreasonably adverse effects upon other water uses in the area, including but not limited to public use, farm use, and potential as well as present use; and provided, further, that the director shall grant a permit to any permit applicant who on July 1, 1977, has outstanding indebtedness in the form of revenue certificates or general obligation bonds which are being amortized through the sale of surface water, the permitted quantity of which shall be at least in an amount consistent with that quantity for which the revenue certificates or general obligation bonds were issued. (h) Except for applications filed pursuant to paragraph (3) of subsection (a) subparagraph (b)(4)(A) of this Code section, permits may be granted for any period of time not less than ten years, unless the applicant requests a shorter period of time, nor more than 50 years. The director may base the duration of such permits on any reasonable system of classification based upon but not necessarily limited to such factors as source of supply and type of use. In evaluating any application for a permit for the use of water for a period of 25 years or more, the director shall evaluate the condition of the water supply to assure that the supply is adequate to meet the multiple needs of the citizens of the state as can reasonably be projected for the term of the permit and ensure that the issuance of such permit is based upon a water development and conservation plan for the applicant or for the region. Such water development and conservation plan for the applicant or for the region shall promote the conservation and reuse of water within the state, guard against a shortage of water within the state, promote the efficient use of the water resource, and be consistent with the public welfare of the state. The board shall promulgate regulations for implementation of this subsection, including provisions for review of such permits periodically or upon a substantial reduction in average annual volume of the water resource which adversely affects water supplies to determine that the permittee continues in compliance with the conditions of the permit and that the plan continues to meet the overall supply requirements for the term of the permit. In the event the director determines that a regional plan is required in connection with any application for a permit for the use of water for a period of 25 years or more, the division or a person or entity designated by the division may develop such a plan. Such regional plan shall include water development, conservation, and sustainable use and shall be based upon detailed scientific analysis of the water source, the projected future condition of the resource, current demand, and estimated future demands on the resource.

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(i) A permittee may seek modification of any of the terms of an issued permit. The director may approve the proposed modification if the permittee establishes that a change in conditions has resulted in a need by the permittee of more water than is allowed under the existing permit, or that the proposed modification would result in a more efficient utilization of water than is possible under the existing permit, or that a proposed change in conditions would result in a need by the permittee of more water than is allowed under the existing permit. Any such modification shall be consistent with the health and safety of the citizens of this state and with this article. In any administrative review proceeding resulting from an action of the director under this subsection, the burden of proof in establishing that the requisite criteria have been met shall be upon the person seeking such modification. (j) A permittee may seek renewal of a permit issued pursuant to this Code section from the director at any time within six months prior to the date of expiration of the permit. Except as otherwise specified in this Code section, all permit renewal applications shall be treated in the same manner as the initial permit application. (k) The director may revoke, suspend, or modify a permit issued pursuant to this Code section as follows:
(1) For any material false statement in an application for a permit to initiate, modify, or continue a use of surface waters, or for any material false statement in any report or statement of fact required of the permittee pursuant to this Code section or pursuant to the conditions contained in a permit granted under this Code section, the director may revoke the users permit, in whole or in part, permanently or temporarily; (2) For any willful violation of the conditions of a permit granted pursuant to this Code section, the director may revoke the users permit, in whole or in part, permanently or temporarily; (3) For violation of any provision of this Code section, the director may revoke the permit, in whole or in part, for a period not to exceed one year; (4) For nonuse of the water supply (or a significant portion thereof) allowed by the permit for a period of two consecutive years or more, the director may revoke the permit permanently, in whole or in part, unless the permittee can reasonably demonstrate that his such nonuse was due to extreme hardship caused by factors beyond his or her control, except that this paragraph shall not apply to farm use permits issued pursuant to paragraph (3) of subsection (a) subparagraph (b)(4)(A) of this Code section after initial use has commenced; (5) The director may revoke a permit permanently, in whole or in part, with the written consent of the permittee; (6) The director may suspend or modify a permit, except farm use permits issued or modified prior to July 1, 2003, if he or she should determine through inspection, investigation, or otherwise that the quantity of water allowed under the permit is greater than that needed by the permittee for the particular use upon which the application for permit was based or would prevent other applicants from reasonable use of surface waters, including farm uses; (7) The director may suspend or modify a farm use permit if he or she should

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determine through inspection, investigation, or otherwise that the quantity of water allowed under the permit would prevent other applicants from reasonable use of surface waters for farm use; and (8) Consistent with the considerations set forth in subsection (g) of this Code section, the director may revoke, suspend, or modify a permit for any other good cause consistent with the health and safety of the citizens of this state and with this article.; and (9) In the event of modification, suspension, or revocation of a permit, the director shall serve written notice of such action on the permit holder and shall set forth in such notice the reason for such action. (l) When there is a constraint on the issuance of new permits for use in any area of the state, an otherwise qualified new user in such area has made application, and any existing user or users in such area provide their written consent to revocation of their permits, in whole or in part, in sufficient amounts, the director may issue a new permit to the applicant. The new permittee must show in such application that there will be no reduction in the water available to users downstream. The director may impose permit requirements or other conditions on use as may be needed to prevent unreasonably adverse effects on third parties and the public interest. A new permit issued under this subsection shall be forfeited if use for the stated purpose has not commenced within two years after issuance. (l) Emergency period of water shortage: (m)(1) Whenever it clearly appears to the director from specific facts shown by affidavits of residents of the affected area of this state that an emergency period of water shortage exists within such area, so as to place in jeopardy the health or safety of the citizens of such area or to threaten serious harm to the water resources of the area, he or she may by emergency order impose such restrictions on one or more permits previously issued pursuant to this Code section as may be necessary to protect adequately such citizens or water resources; provided, however, such order shall not be issued until an effort has been made to give written notice of the proposed action by certified mail or statutory overnight delivery to the permittee or permittees to be affected. Such written notice shall allow such permittee or permittees five days from the date of mailing of the notice to appear before the director in opposition to the proposed action. The director may impose such restrictions based upon any reasonable system of classification established by the Board of Natural Resources through rule or regulation. Such system of classification shall be based upon but not necessarily limited to those factors set forth in subsection (e) of this Code section; (2) The director shall specify in such order any change in the conditions of the permit, any suspension of the permit, or any other restriction on withdrawal, diversion, or impoundment of surface waters for the duration of the emergency water shortage and shall serve same on the person by hand delivery or certified mail or statutory overnight delivery. Except as to farm uses, any such change, suspension, or other restriction shall be effective immediately upon receipt of such order by the permittee, his or her agent for service of process, or any agent or employee of the

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permittee who receives the notification at the permittees principal place of business in the state. Any permittee, other than a farm use permittee, to whom such order is directed shall comply therewith immediately. Upon application to a hearing officer appointed by the Board of Natural Resources of this state, a permittee, including a farm use permittee, shall be afforded a hearing within 20 days of receipt of such notice by the hearing examiner in accordance with subsection (c) of Code Section 122-2. Farm use permittees may continue to make use of water to their permitted capacity during the appeal process, but failure to timely request a hearing in accordance with subsection (c) of Code Section 12-2-2 shall waive such right; (3) During emergency periods of water shortage, the director shall give first priority to providing water for human consumption and second priority to farm use; (4) The importance and necessity of water for industrial purposes are in no way modified or diminished by this Code section; and (5) Upon expiration of the emergency period of water shortage, as determined by the director, the director shall immediately notify each affected permittee, in writing, of such expiration, and the permittees shall thereafter be authorized to operate under the permit as issued prior to the emergency period of water shortage. (m) Except for farm use permits issued pursuant to paragraph (3) of subsection (a) of (n) For all permits, including without limitation farm use permits, issued under this Code section, whenever required to carry out the objectives of this Code section, including but not limited to determining whether or not any person is in violation of any provision of this Code section or any rule or regulation promulgated pursuant hereto to this Code section; encouraging or ensuring compliance with any provision of this Code section or any rule or regulation promulgated pursuant hereto to this Code section; determining whether or not any person is in violation of any permit condition; or establishing a data bank on the usage of surface waters in a particular area or areas of this state, the director may by order, permit, or otherwise, in writing, require any person holding a permit under this Code section, or any other person who the director reasonably believes is withdrawing, diverting, or impounding surface waters in violation of the permitting requirements of this Code section, to: (1) Establish and maintain records; (2) Make reports; (3) Install, use, and maintain monitoring equipment or methods; and (4) Provide such other information as the director may reasonably require. Notwithstanding the foregoing provisions of this subsection, any demand for such information by the director, which information has already been provided to the director by such person in the context of prior dealings with the division, and which is still correct, may be satisfied by adequate reference to same. (o)(1) The State Soil and Water Conservation Commission shall have the duty of implementing a program of measuring farm uses of water in order to obtain clear and accurate information on the patterns and amounts of such use, which information is essential to proper management of water resources by the state and useful to farmers for improving the efficiency and effectiveness of their use of water, meeting the

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requirements of subsection (n) of this Code section, and improving water conservation. Accordingly, the State Soil and Water Conservation Commission shall on behalf of the state purchase, install, operate, and maintain water-measuring devices for farm uses that are required by this Code section to have permits. As used in this paragraph, the term 'operate' shall include reading the water-measuring device, compiling data, and reporting findings. (2) For purposes of this subsection, the State Soil and Water Conservation Commission:
(A) May conduct its duties with commission staff and may contract with other persons to conduct any of its duties; (B) May receive and use state appropriations, gifts, grants, or other sources of funding to carry out its duties; (C) In consultation with the director, shall develop a priority system for installation of water-measuring devices for farm uses that have permits as of July 1, 2003. The commission shall, provided that adequate funding is received, install and commence operation and maintenance of water-measuring devices for all such farm uses by July 1, 2009; (D) May charge any permittee the commissions reasonable costs for purchase and installation of a water-measuring device for any farm use permit issued by the director after July 1, 2003; however, for permit applications submitted to the division prior to December 31, 2002, and for permits issued pursuant to paragraph (3) of subsection (b) of this Code section, no charge shall be made for such costs; and (E) Shall issue an annual progress report on the status of water-measuring device installation. (3) Any person who desires to commence a farm use for which a permit is issued after July 1, 2003, shall not commence such use prior to the installation of a watermeasuring device by the commission. (4) Subject to the provisions of subparagraph (C) of paragraph (2) of this subsection, after July 1, 2009, no one shall use water for a farm use required to have a permit under this Code section without having a water-measuring device in operation that has been installed by the commission. (5) Employees or agents of the commission are authorized to enter upon private property at reasonable times to conduct the duties of the commission under this subsection. (n)(p)(1) As used in this subsection, the term: (A) 'Basin' means the Altamaha, Chattahoochee, Coosa, Flint, Ochlocknee, Ocmulgee, Oconee, Ogeechee, St. Marys, Satilla, Savannah, Suwannee, Tallapoosa, or Tennessee River basin. (B) 'Basin of origin' means the basin from which the withdrawal, diversion, or pumping of surface waters occurs. (C) 'Critical needs' means temporary, short-term needs for water such as those due to equipment failure, source contamination, or severe drought affecting public

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health and safety. (D) 'Interbasin transfer' means the withdrawal, diversion, or pumping of surface waters from a point within any basin of origin and the discharge of all or any part of that water into a different receiving basin by means of pipes, conduits, ditches, or canals; provided, however, interbasin transfer shall not include the following:
(i) Surface water transferred from one place to another in connection with mining, conveying, processing, beneficiation, sale, or shipment of any mineral, as such term is defined in paragraph (5) of Code Section 12-4-72, through whatever mode of transportation including but not limited to pipes, pipelines, conduits, ditches, or canals; and (ii) Surface water contained in any intermediate or product shipped or transported for further processing or for sale. (E) 'Intrabasin transfer' means the withdrawal, diversion, or pumping of surface waters from a point within a basin and discharge of all or any part of that water at a different location in the basin by means of pipes, ditches, conduits, or canals. (F) 'Receiving basin' means the basin into which the discharge of all or any part of transferred water occurs. (2) It is the policy of this state to protect reasonable needs of both the basin of origin and the receiving basin through the regulation of interbasin transfers. It is also the policy of this state to protect the basin of origin through regulation of intrabasin transfers. Accordingly, in In the consideration of applications for permits which if granted on or after July 1, 2003, would authorize the withdrawal and transfer of surface waters across natural basins an interbasin or an intrabasin transfer, the director shall be bound by the following requirements: (1)(A) The director shall give due consideration to competing existing uses and applications for permits which would not involve interbasin transfers of surface waters and, subject to subsection (e) of this Code section, shall endeavor to allocate a reasonable supply of surface waters to such users and applicants; (B) Any interbasin or intrabasin transfer that crosses more than two adjacent counties is prohibited, except for interbasin or intrabasin transfers that are part of a plan approved by the division pursuant to Article 10 of Chapter 5 of this title, the 'Metropolitan North Georgia Water Planning District Act,' or except to satisfy critical needs; (2)(C) Any person who receives in one county an interbasin transfer of water which originated in a second county is prohibited from transferring any or all of such water by means of pipes, conduits, ditches, or canals into a third county, except to satisfy critical needs; (D) Any person proposing to receive an interbasin transfer must be implementing a water conservation plan approved by the director prior to the receipt of any requested interbasin transfer; and (E) The director shall provide a press release regarding the proposed issuance of all any permits authorizing such interbasin transfer of surface waters to newspapers of general circulation in all areas of the state which would be affected by such

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issuance. The press release shall be provided at least seven 30 days before the issuance of these any such permits. If the director should determine determines that sufficient public interest warrants a public hearing on the issuance of these any such permits, he or she shall cause such a hearing to be held somewhere in the area affected prior to the issuance of these any such permits. (o)(q)(1) As used in this subsection, the term 'aggrieved or adversely affected' means the challenged action has caused or will cause a person injury in fact and the injury is to an interest within the zone of interests to be protected or regulated by statutes that the director is empowered to administer and enforce. (1)(2) Except as otherwise provided in subsection (l) (m) of this Code section for emergency orders, any person who is aggrieved or adversely affected by any order or action of the director pursuant to this Code section shall, upon petition within 30 days after the issuance of such order or the taking of such action, have a right to a hearing before an administrative law judge appointed by the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations adopted by the board pursuant thereto to such chapter. Any administrative law judge so appointed by the board shall fully meet and qualify as to all applicable conflict of interest requirements provided for in Section 304(h)(2)(D) of the Federal Water Pollution Control Act of 1972, as amended, and the rules, regulations, and guidelines promulgated thereunder pursuant to such provision of federal law. The decision of the administrative law judge shall constitute the final decision of the board. Any party to the hearing, including the director, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, including the right to seek judicial review in the superior court of the county of the applicants or permittees residence. (2) Persons are 'aggrieved or adversely affected' where the challenged action has caused or will cause them injury in fact and where the injury is to an interest within the zone of interests to be protected or regulated by the statutes that the director is empowered to administer and enforce. (3) In the event the director asserts in response to the petition before the administrative law judge that the petitioner is not aggrieved or adversely affected, the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on this issue before continuing with the hearing. The burden of going forward with evidence on this issue shall rest with the petitioner."
PART III SECTION 3-1.
Said chapter is further amended by striking Code Section 12-5-92, relating to definitions relative to ground-water use generally, and inserting in lieu thereof the following:
"12-5-92. As used in this part, the term:

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(1) 'Aquifer' means a geologic formation, group of such formations, or a part of such a formation that is water-bearing. (2) 'Area of the state' means any municipality or county or portion thereof or other substantial geographical area of the state as may be designated by the division. (3) 'Consumptive use' means any use of water withdrawn from the ground other than a 'nonconsumptive use,' as defined in this part. (4) 'Director' means the director, or his or her designee, of the Environmental Protection Division of the Department of Natural Resources. (5) 'Division' means the Environmental Protection Division of the Department of Natural Resources. (5.1)(6) 'Farm uses' means irrigation of any land used for general farming, forage, aquaculture, pasture, turf production, orchards, or tree and ornamental horticultural nurseries; provisions of water supply for farm animals, poultry farming, or any other activity conducted in the course of a farming operation. Farm uses shall also include the processing of perishable agricultural products and the irrigation of recreational turf, except in Chatham, Effingham, Bryan, and Glynn counties, where irrigation of recreational turf shall not be considered a farm use. (6)(7) 'Ground water' means water of underground streams, channels, artesian basins, reservoirs, lakes, and other water under the surface of the earth, whether public or private, natural or artificial, which is contained within, flows through, or borders upon this state or any portion thereof, including those portions of the Atlantic Ocean over which this state has jurisdiction. (7)(8) 'Nonconsumptive use' means the use of water withdrawn from a ground-water system or aquifer in such a manner that it is returned to the ground-water system or aquifer from which it was withdrawn without substantial diminution in quantity or substantial impairment in quality at or near the point from which it was withdrawn, provided that in determining whether a use of ground water is nonconsumptive, the division may take into consideration whether any material injury or detriment to other water users of the area, by reason of reduction of water pressure in the aquifer or system, has not been adequately compensated by the permit applicant who caused or substantially contributed to such injury or detriment. (8)(9) 'Person' means any and all persons, including individuals, firms, partnerships, associations, public or private institutions, municipalities or political subdivisions, governmental agencies, or private or public corporations organized under the laws of this state or any other state or country. (9)(10) 'Well' means any excavation that is cored, bored, drilled, jetted, dug, or otherwise constructed for the purpose of locating, testing, or withdrawing ground water, or for the purpose of evaluating, testing, developing, draining, or recharging any ground-water reservoirs or aquifer, or any excavation that may control, divert, or otherwise cause the movement of water from or into any aquifer, provided that this shall not include a well constructed by an individual on land which is owned or leased by him or her, appurtenant to a single-family dwelling, and intended for domestic use, including household purposes, farm livestock, or gardens."

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SECTION 3-2. Said chapter is further amended by striking Code Section 12-5-96, relating to permits to withdraw, obtain, or use ground water; water conservation plans; factors to be considered; notice of official acts; administrative hearings; and judicial review, and inserting in lieu thereof the following:
"12-5-96. (a)(1) No person shall withdraw, obtain, or utilize ground waters in excess of 100,000 gallons per day, whether through a single point of withdrawal or through a combination of a system of wells such as multiple wells on a given farm, field, or other use or under a common purpose, design, or plan, for any purpose unless such person shall first obtain a permit therefor from the division. (2) Any person applying for a permit or a permit modification under this part which indicates an increase in water usage, except for permits for solely agricultural usage, shall also submit with such application a water conservation plan approved by the director and based on guidelines issued by the director. For any permit solely for farm use, a water conservation plan prepared by the State Soil and Water Conservation Commission or by the federal Natural Resources Conservation Service shall be deemed in compliance with such plan requirement. The director shall collect and disseminate such technical information as the director deems appropriate to assist in the preparation of water conservation plans.
(b) When sufficient evidence is provided by the applicant that the water withdrawn or used from the ground is not consumptively used, a permit therefor shall be issued by the division without a hearing and without the conditions provided in subsection (c) of this Code section. Applications for such permits shall set forth such facts as the division shall deem necessary to enable it to establish and maintain adequate records of all water uses. (c) In all cases in which sufficient evidence of a nonconsumptive use is not presented by the applicant, the division shall follow the permit decision procedures established by Board of Natural Resources regulation, which procedures may include public notice and comment and the opportunity for a public hearing on a draft permit. The division shall then notify the applicant of the divisions proposed action concerning such permit and shall transmit with such notice a copy of any permit it proposes to issue to the applicant,. The division may then issue a permit to the applicant, which permit will become final unless a request for a hearing is made within 30 days from the date of service of such notice. The division shall have the power:
(1) To grant such permit with such conditions as the division deems necessary to implement the regulations adopted pursuant to Code Section 12-5-95; (2) To grant any temporary permit for such period of time as the division shall specify where conditions make such temporary permit essential, even though the action allowed by such permit may not be consistent with the regulations of the Board of Natural Resources; (3) To modify or revoke any permit upon not less than 60 days written notice to any person affected; or

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(4) To deny such permit if the application therefor or the effect of the water use proposed or described therein upon the water resources of the area is found to be contrary to public interest. Any water user wishing to contest the proposed action shall be entitled to a hearing upon request therefor. (d) In adopting any regulations pursuant to Code Section 12-5-95 and in considering permit applications, revocations, or modifications under this Code section, the Board of Natural Resources or the division shall consider: (1) The number of persons using an aquifer and the object, extent, and necessity of their respective withdrawals or uses; (2) The nature and size of the aquifer; (3) The physical and chemical nature of any impairment of the aquifer adversely affecting its availability or fitness for other water uses, including public use; (4) The probable severity and duration of such impairment under foreseeable conditions; (5) The injury to public health, safety, or welfare which would result if such impairment were not prevented or abated; (6) The kinds of businesses or activities to which the various uses are related and the economic consequences; (7) The importance and necessity of the uses, including farm uses, claimed by permit applicants under this Code section, or of the water uses of the area under Code Section 12-5-95, and the extent of any injury or detriment caused or expected to be caused to other water uses, including public use; (8) Diversion from or reduction of flows in other watercourses or aquifers; (9) A regional water development conservation and sustainable use plan, where applicable; and (10) Any other relevant factors. (e) The division or a party designated by the division may develop a regional water development and conservation plan for the states major aquifers or any portion thereof. Such plan shall include water development, conservation, and sustainable use and shall be based on detailed scientific analysis of the aquifer, the projected future condition of the aquifer, and current demand and estimated future demands on the aquifer. Such plan shall serve to promote the conservation and reuse of water within the state, guard against a shortage of water within the state and region, and promote the efficient use of the water resource and shall be consistent with the general welfare and public interest of the state as provided in Code Section 12-5-91. Upon adoption of a regional plan, all permits issued by the division shall be consistent with such plan. The term of any permit and all provisions of any permit for which an application for renewal is made prior to the completion of any regional plan shall be extended at least until the completion of such plan. Applications for new permits shall be subject to review by the division and the division may issue such permits as appropriate pending completion of a regional plan. (f) The division shall give notice of all its official acts which have or are intended to have general application and effect to all persons on its mailing list on the date when

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such action is taken. It shall be the duty of the division to keep such a mailing list on which it shall record the name and address of each person who requests a listing thereon, together with the date of receipt of such request. Any person may, by written request to the division, ask to be permanently recorded on such a mailing list. (g) Any hearing pursuant to this Code section, other than a hearing held as a part of a public comment period, shall be held in accordance with subsection (c) of Code Section 12-2-2 and also, for the purposes of this part, shall be specifically subject to subsection (a) of Code Section 50-13-19.
(h)(1) As used in this subsection, the term: (A) 'Basin' means the Altamaha, Chattahoochee, Coosa, Flint, Ochlocknee, Ocmulgee, Oconee, Ogeechee, St. Marys, Satilla, Savannah, Suwannee, Tallapoosa, or Tennessee River basin. (B) 'Basin of origin' means the basin from which the withdrawal, diversion, or pumping of ground water occurs. (C) 'Critical needs' means temporary, short-term needs for water such as those due to equipment failure, source contamination, or severe drought affecting public health and safety. (D) 'Interbasin transfer' means the withdrawal, diversion, or pumping of ground water from a point within or beneath any basin of origin and the discharge of all or any part of that water into a different receiving basin by means of pipes, conduits, ditches, or canals; provided, however, interbasin transfer shall not include the following: (i) Ground water transferred from one place to another in connection with mining, conveying, processing, beneficiation, sale, or shipment of any mineral, as such term is defined in paragraph (5) of Code Section 12-4-72, through whatever mode of transportation including but not limited to pipes, pipelines, conduits, ditches, or canals; and (ii) Ground water contained in any intermediate or product shipped or transported for further processing or for sale. (E) 'Intrabasin transfer' means the withdrawal, diversion, or pumping of ground water from a point within a basin and discharge of all or any part of that water at a different location in the basin by means of pipes, ditches, conduits, or canals. (F) 'Receiving basin' means the basin into which the discharge of all or any part of transferred water occurs.
(2) It is the policy of this state to protect reasonable needs of both the basin of origin and the receiving basin through the regulation of interbasin transfers. It is also the policy of the state to protect the basin of origin through regulation of intrabasin transfers. Accordingly, in the consideration of applications for permits which if granted on or after July 1, 2003, would authorize an interbasin or intrabasin transfer, the director shall be bound by the following requirements:
(A) The director shall give due consideration to competing existing uses and applications for permits which would not involve interbasin transfers of ground water and, subject to subsection (d) of this Code section, shall endeavor to allocate a

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reasonable supply of ground water to such users and applicants; (B) Any interbasin or intrabasin transfer that crosses more than two adjacent counties is prohibited, except to satisfy critical needs; (C) Any person who receives in one county an interbasin transfer of water which originated in a second county, is prohibited from transferring any or all of such water by means of pipes, conduits, ditches, or canals into a third county, except to satisfy critical needs; (D) Any person proposing to receive an interbasin transfer must be implementing a water conservation plan approved by the director prior to the receipt of any requested interbasin transfer; and (E) The director shall provide a press release regarding the proposed issuance of any permits authorizing such interbasin transfer of ground water to newspapers of general circulation in all areas of the state which would be affected by such issuance. The press release shall be provided at least 30 days before the issuance of any such permits. If the director determines that sufficient public interest warrants a public hearing on the issuance of any such permits, he or she shall cause such a hearing to be held somewhere in the area affected prior to the issuance of any such permits. (h)(i)(1) As used in this subsection, the term 'aggrieved or adversely affected' means the challenged action has caused or will cause a person injury in fact and the injury is to an interest within the zone of interests to be protected or regulated by statutes that the director is empowered to administer and enforce. (2) Except as otherwise provided in Code Section 12-5-102 for emergency orders, any person who is aggrieved or adversely affected by any order or action of the director pursuant to this Code section shall, upon petition within 30 days after the issuance of such order or the taking of such action, have a right to a hearing before an administrative law judge appointed by the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations adopted by the board pursuant thereto to such chapter. Any administrative law judge so appointed by the board shall fully meet and qualify as to all applicable conflict of interest requirements provided for in Section 304(h)(2)(D) of the Federal Water Pollution Control Act Amendments of 1972, as amended, and the rules, regulations, and guidelines promulgated thereunder pursuant to such provision of federal law. The decision of the administrative law judge shall constitute the final decision of the board. Any party to the hearing, including the director, shall have a right of judicial review thereof in accordance with Chapter 13 of Title 50, including the right to seek judicial review in the superior court in the county of the applicants or permittees residence. For the purposes of this part, such review is also specifically subject to subsection (a) of Code Section 50-13-19. (2) Persons are 'aggrieved or adversely affected' where the challenged action has caused or will cause them injury in fact and where the injury is to an interest within the zone of interests to be protected or regulated by the statutes that the director is

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empowered to administer and enforce. (3) In the event the director asserts in response to the petition before the administrative law judge that the petitioner is not aggrieved or adversely affected, the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on this issue before continuing with the hearing. The burden of going forward with evidence on this issue shall rest with the petitioner."
SECTION 3-3. Said chapter is further amended by striking Code Section 12-5-102, relating to emergency orders, hearings, and appeals, and inserting in lieu thereof the following:
"12-5-102. (a) After receipt of affidavits or other sworn statements from persons setting forth an emergency situation requiring immediate action to protect the public health or welfare, and after the division finds that such an emergency exists requiring immediate action to protect the public health or welfare, the division may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as the division deems necessary to meet the emergency. Such order shall, except as to farm uses, be effective immediately, and any person to whom such order is directed shall comply therewith immediately but, on application to the division, shall be afforded a hearing within five days from the day on which the order is issued. On the basis of such hearing, the division shall continue such order in effect, revoke it, or modify it. Whenever it clearly appears to the director from specific facts shown by affidavits of residents of the affected area of this state that an emergency period of water shortage exists within such area so as to place in jeopardy the health or safety of the citizens of such area or to threaten serious harm to the water resources of the area, he or she may by emergency order impose such restrictions on one or more permits previously issued pursuant to Code Section 12-5-96 as may be necessary to protect adequately such citizens or water resources; provided, however, such order shall not be issued until an effort has been made to give written notice of the proposed action by certified mail or statutory overnight delivery to the permittee or permittees to be affected. Such written notice shall allow such permittee or permittees five days from the date of mailing of the notice to appear before the director in opposition to the proposed action. The director may impose such restrictions based upon any reasonable system of classification established by the Board of Natural Resources through rule or regulation. Such system of classification shall be based upon but not necessarily limited to those factors set forth in subsection (d) of Code Section 12-5-96. (b) Any appeal from such order shall be in accordance with subsection (c) of Code Section 12-2-2, and, for the purposes of this part, shall be specifically subject to subsection (a) of Code Section 50-13-19, except that the initial hearing shall be within five days from the date on which the order was issued. Farm use permittees may continue to make use of water to their permitted capacity during the appeal process, but failure to timely request a hearing shall waive such right. The director shall specify in such order any change in the conditions of the permit, any suspension of the permit, or

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any other restriction on withdrawing, obtaining, or utilizing ground water for the duration of the emergency water shortage and shall serve same on the person by hand delivery or certified mail or statutory overnight delivery. Except as to farm uses, any such change, suspension, or other restriction shall be effective immediately upon receipt of such order by the permittee, his or her agent for service of process, or any agent or employee of the permittee who receives the notification at the permittees principal place of business in the state. Any permittee, other than a farm use permittee, to whom such order is directed shall comply therewith immediately. Upon application to a hearing officer appointed by the Board of Natural Resources of this state, a permittee, including a farm use permittee, shall be afforded a hearing within 20 days of receipt of such notice by the hearing examiner in accordance with subsection (c) of Code Section 12-2-2. Farm use permittees may continue to make use of water to their permitted capacity during the appeal process, but failure to timely request a hearing in accordance with subsection (c) of Code Section 12-2-2 shall waive such right. (c) During emergency periods of water shortage, the director shall give first priority to providing water for human consumption and second priority to farm use. (d) The importance and necessity of water for industrial purposes are in no way modified or diminished by this Code section. (e) Upon expiration of the emergency period of water shortage as determined by the director, the director shall immediately notify each affected permittee in writing of such expiration, and the permittees shall thereafter be authorized to operate under the permits as issued prior to the emergency period of water shortage."
SECTION 3-4. Said chapter is further amended by striking Code Section 12-5-105, relating to permits for farm uses, notice of transfer or modification in use or capacity, nonuse, suspension or modification, priority uses, and effect on existing common or statutory law, and inserting in lieu thereof the following:
"12-5-105. (a)(1) Notwithstanding any provisions of Code Section 12-5-95, 12-5-96, or 12-5-97 to the contrary, a permit to withdraw, obtain, or utilize ground waters for farm uses, as that term is defined by paragraph (10) (6) of Code Section 12-5-92, shall be issued by the director to any person when the applicant submits an application which provides reasonable proof that the applicants farm use of ground water occurred prior to July 1, 1988, and when such application is submitted prior to July 1, 1991. If submitted prior to July 1, 1991, an application for a permit to be issued based upon farm uses of ground water occurring prior to July 1, 1988, shall be granted for the withdrawal of ground water at a rate of withdrawal equal to the greater of the operating capacity in place for withdrawal on July 1, 1988, or, when measured in gallons per day on a monthly average for a calendar year, the greatest withdrawal capacity during the fiveyear period immediately preceding July 1, 1988. If submitted after July 1, 1991, or, regardless of when submitted, if it is based upon a withdrawal of ground water for farm uses occurring or proposed to occur on or after July 1, 1988, an application shall

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be subject to evaluation and classification pursuant to Code Sections 12-5-96 and 125-97, but a permit based upon such evaluation and classification shall may be issued to ensure the applicants right to a reasonable use of such ground water. Any permit issued pursuant to this Code section shall be further conditioned upon the requirement that the permittee shall provide, on forms prescribed by the director, information relating to a general description of the lands and number of acres subject to irrigation and the permit; the name and address of the permittee; a description of the general type of irrigation system used; well construction; and pump information, including rated capacity, pump setting depth, and power information. (2) On or after July 1, 2003, the director may deny an application for a withdrawal permit for farm use or an increase in withdrawal from an existing permit for farm use based on the availability of water in the watershed or aquifer or if the applicant fails to demonstrate a need for the water. A maximum annual volume of water that the permittee may use shall be specified as a permit limit for farm use permits issued on or after July 1, 2003. (b) Notwithstanding any provisions of Code Section 12-5-95, 12-5-96, or 12-5-97 to the contrary, permits to withdraw, obtain, or utilize ground waters for farm uses, as that term is defined in paragraph (10) (6) of Code Section 12-5-92, whether for new withdrawals or under subsection (a) of this Code section, shall be governed as follows: (1) A permit issued, modified, or amended after July 1, 2003, for farm uses shall have no annual reporting requirements, a specified maximum annual volume, and no term and may be transferred or assigned to subsequent owners of the lands which are the subject of such permit; provided, however, that the division shall receive written notice of any such transfer or assignment, and any modification in the use or capacity conditions contained in the permit or in the lands which are the subject of such permit shall require the permittee to submit an application for review and approval by the director consistent with the requirements of this part; (2) Permits for farm use, after initial use has commenced, shall not may be revoked, in whole or in part, for nonuse after initial use has commenced; if the use has not commenced within two years after issuance; or if upon demand by the director the permittee is no longer able to show a need for the water, regardless of whether such demand is made prior to or after the initial two year period. Periodic idling of use under a farm use permit due to silvicultural or agricultural rotations or implementation of Article 9 of this chapter, the 'Flint River Drought Protection Act,' shall not be cause for revocation; (3) The director may suspend or modify a permit for farm use if he or she should determine through inspection, investigations, or otherwise that the quantity of water allowed would prevent other applicants from reasonable use of ground water beneath their property for farm use; (4) During emergency periods of water shortage, the director shall give first priority to providing water for human consumption and second priority to farm use; and (5) The importance and necessity of water for industrial purposes are in no way modified or diminished by this Code section.

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(c) When there is a constraint on the issuance of new permits for use in any area of the state, an otherwise qualified new user in such area has made application, and any existing user or users in such area provide their written consent to revocation of their permits, in whole or in part, in sufficient amounts, the director may issue a new permit to the applicant. The new permittee must show in such application that there will be no reduction in the water available to other users in the area. The board may provide through rules and the director may provide through permit requirements for other conditions on use as may be needed to prevent unreasonably adverse effects on third parties and the public interest. A new permit issued under this subsection shall be forfeited if use for the stated purpose has not commenced within two years after issuance.
(d)(1) The State Soil and Water Conservation Commission shall have the duty of implementing a program of measuring farm uses of water in order to obtain clear and accurate information on the patterns and amounts of such use, which information is essential to proper management of water resources by the state and useful to farmers for improving the efficiency and effectiveness of their use of water, meeting the requirements of paragraph (1) of subsection (b) of this Code section, and improving water conservation. Accordingly, the State Soil and Water Conservation Commission shall on behalf of the state purchase, install, operate, and maintain water-measuring devices for farm uses that are required by this Code section to have permits. As used in this paragraph, the term 'operate' shall include reading the water-measuring device, compiling data, and reporting findings. (2) For purposes of this subsection, the State Soil and Water Conservation Commission:
(A) May conduct its duties with commission staff and may contract with other persons to conduct any of its duties; (B) May receive and use state appropriations, gifts, grants, or other sources of funding to carry out its duties; (C) In consultation with the director, shall develop a priority system for installation of water-measuring devices for farm uses that have permits as of July 1, 2003. The commission shall, provided that adequate funding is received, install and commence operation and maintenance of water-measuring devices for all such farm uses by July 1, 2009; (D) May charge any permittee the commissions reasonable costs for purchase and installation of a water-measuring device for any farm use permit issued by the director after July 1, 2003; however, for permit applications submitted to the division prior to December 31, 2002, no charge shall be made for such costs; and (E) Shall issue an annual progress report on the status of water-measuring device installation. (3) Any person who desires to commence a farm use for which a permit is issued after July 1, 2003, shall not commence such use prior to the installation of a watermeasuring device by the commission. (4) Subject to the provisions of subparagraph (C) of paragraph (2) of this subsection,

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after July 1, 2009, no one shall use water for a farm use required to have a permit under this Code section without having a water-measuring device in operation that has been installed by the commission. (5) Employees or agents of the commission are authorized to enter upon private property at reasonable times to conduct the duties of the commission under this subsection. (c)(e) Nothing in this Code section shall be construed as a repeal or modification of Code Section 12-5-104."
PART IV SECTION 4-1.
The General Assembly finds and declares that: (1) A comprehensive state-wide water management plan for this state is needed and should be developed; (2) A new agency of government is not required for this purpose, but rather such plan should be developed by the Environmental Protection Division of the Department of Natural Resources; (3) Such plan should support a structured yet flexible approach to regional water planning and provide guidance and incentives for regional and local water planning efforts; (4) Regional water planning efforts of the Environmental Protection Division should be coordinated with, and not supplant, the existing efforts of the State Soil and Water Conservation Commission; (5) Subject to appropriation in a general appropriations Act, funding for the development of a proposed comprehensive state-wide water management plan should come from the general revenues of the state treasury, since the creation of such plan will provide benefits to all citizens of this state; and (6) The director of the Environmental Protection Division should consult with the State Soil and Water Conservation Commission and other experts to examine mechanisms and alternatives for funding and implementation of the comprehensive state-wide water management plan.
SECTION 4-2. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is further amended by inserting a new Article 7A to read as follows:
"ARTICLE 7A 12-5-510. This article shall be known and may be cited as the 'Comprehensive State-wide Water Management Planning Act.'

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12-5-511. As used in this article, the term:
(1) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (2) 'Division' means the Environmental Protection Division of the Department of Natural Resources. (3) 'Committee' means the coordinating committee established under Code Section 12-5-516.
12-5-512. The general welfare and public interest require that the water resources of this state be put to beneficial use to the fullest extent to which they are capable, subject to reasonable regulation in order to conserve such water resources, to protect natural systems, and to provide and maintain conditions which are conducive to the development and use of such water resources. Accordingly, as provided in this article, the division shall propose rules or regulations for establishing a comprehensive statewide water management plan which plan shall set forth state-wide water policies and which shall guide river basin management plans, regional water planning efforts of the division and the State Soil and Water Conservation Commission, and local water plans.
12-5-513. (a) The proposed rules or regulations to provide a comprehensive state-wide water management plan shall be developed in accord with and contain the following policy statement: 'Georgia manages water resources in a sustainable manner to support the states economy, to protect public health and natural systems, and to enhance the quality of life for all citizens.' (b) The following principles shall guide the work of the division in developing the proposed rules and regulations to provide a comprehensive state-wide water management plan:
(1) Effective water resources management protects public health and the safety and welfare of Georgia's citizens; (2) Water resources are to be managed in a sustainable manner so that current and future generations have access to adequate supplies of quality water that support both human needs and natural systems; (3) All citizens have a stewardship responsibility to conserve and protect the water resources of Georgia; (4) Water management efforts must recognize that economic prosperity and environmental quality are interdependent; (5) Water quality and quantity and surface and ground water are interrelated and require integrated planning as well as reasonable and efficient use; (6) A comprehensive and accessible data base must be developed to provide sound scientific and economic information upon which effective water management decisions can be based;

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(7) Water resources management encourages local and regional innovation, implementation, adaptability, and responsibility for watershed and river basin management; (8) Sound water resources management involves meaningful participation, coordination, and cooperation among interested and affected stakeholders and citizens as well as all levels of governmental and other entities managing or utilizing water; and (9) Periodic revisions of the comprehensive state-wide water management plan may be required to accommodate new scientific and policy insights as well as changing social, economic, cultural, and environmental factors. (c) The proposed rules or regulations to provide a state-wide comprehensive water management plan shall include as a part thereof a state-wide drought management plan to establish procedures for the identification of conditions that indicate the approach and potential onset of drought and for the use of water in a period of drought when such a period is determined to exist based upon criteria specified in the state-wide drought management plan.
12-5-514. Subject to sufficient appropriation of funds, the director is authorized to employ on a full-time or part-time basis such professional personnel and clerical or other employees as may be necessary to discharge the additional duties delegated to the division by this article.
12-5-515. (a) The division shall work in cooperation, coordination, and communication with the coordinating committee created by Code Section 12-5-516 and any other state, local, regional, or federal agency as appropriate to complete the proposed rules or regulations to provide a comprehensive state-wide water management plan. (b) The division shall complete the proposed comprehensive state-wide water management rules and regulations and the director shall submit the final draft of such proposed plan to the coordinating committee for review not later than three years after the effective date of this article.
12-5-516. (a) There shall be a coordinating committee composed of the following state officials who shall serve ex officio as members of the committee: commissioner of natural resources; director of the Environmental Protection Division of the Department of Natural Resources; executive director of the State Soil and Water Conservation Commission, commissioner of community affairs, commissioner of human resources, Attorney General, Commissioner of Agriculture, and commissioner of industry, trade, and tourism. In addition, the chairpersons of the Senate Natural Resources and the Environment Committee and the House Committee on Natural Resources and Environment shall serve ex officio in an advisory capacity to the committee to provide

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a legislative perspective in discussions and to build institutional knowledge of the nuances of the state-wide comprehensive water planning process in the General Assembly. The director shall serve as chairperson of the committee. (b) The committee shall:
(1) Ensure coordination, cooperation, and communication among state agencies and their water related efforts in the development of any proposed rules or regulations to provide a comprehensive state-wide water management plan; (2) Review the final draft of the proposed rules or regulations to provide a comprehensive state-wide water management plan upon submission by the director to determine implications of the plan for responsibilities and authority of their respective agencies and needs for implementing legislation; and (3) Recommend such proposed rules and regulations at the regular session of the General Assembly next occurring after such completion for consideration by the General Assembly, along with any proposed amendments to this Code which may be necessary for such purposes.
12-5-517. (a) No rules or regulations establishing any comprehensive state-wide water management plan prepared pursuant to this article shall have any force or effect unless approved by the General Assembly by means of the adoption of a joint resolution ratifying such rules or regulations. (b) Subject to review by and recommendation of the coordinating committee in the same manner provided by subsection (b) of Code Section 12-5-516, the division may subsequently propose to amend or repeal any rules or regulations previously ratified by the General Assembly pursuant to subsection (a) of this Code section; but no such proposed amendment or repeal shall become effective unless such proposed amendment or repeal is approved by the General Assembly by means of the adoption of a joint resolution ratifying such amendment or repeal, except as otherwise provided by subsection (c) of this Code section. (c) If at any time after a joint resolution has been adopted as provided in subsection (a) of this Code section and between the adjournment sine die of a regular session of the General Assembly and prior to the convening date of the next regular session of the General Assembly the director finds that an imminent peril to the public health, safety, or welfare, requires adoption, amendment, or repeal of a rule or regulation for purposes of this article and states in writing his or her reasons for that finding, the coordinating committee may proceed to adopt an emergency rule or regulation for purposes of this article. Such rule or regulation shall be effective upon such adoption and for not longer than the duration of the emergency or until the twentieth legislative day of the next regular session of the General Assembly, whichever first occurs."
SECTION 4-3. Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitations on

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actions to contest rules, and legislative override, is amended by adding a new subsection to read as follows:
"(i) This Code section shall not apply to rules or regulations establishing a comprehensive state-wide water management plan, which rules or regulations shall be proposed, adopted, amended, or repealed pursuant to Article 7A of Chapter 5 of Title 12."
PART V SECTION 5-1. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative DeLoach of the 127th et al. move to amend the Committee substitute to HB 237 by inserting between lines 15 and 16 of page 9 the following:
"(l.1) No new permit shall be issued under subsection (l) of this Code section until at least 60 days after the division has published in the legal organ of each county in which a point of withdrawal for the permits or permits being revoked in whole or in part is located a notice of such revocation. Such notice shall state the amount of water made potentially available for new permitting by such revocation and that applications for new permits will be accepted for a period of 60 days from the date of such notice. The existence of any business, contractual, or personal relationship between any party consenting to such revocation of a permit and any party making application for such a new permit shall not be considered by the division in the granting of any application for such a new permit."
By inserting after line 36 of page 23 the following:
"(c.1) No new permit shall be issued under subsection (c) of this Code section until at least 60 days after the division has published in the legal organ of each county in which a point of withdrawal for the permits or permits being revoked in whole or in part is located a notice of such revocation. Such notice shall state the amount of water made potentially available for new permitting by such revocation and that applications for new permits will be accepted for a period of 60 days from the date of such notice. The existence of any business, contractual, or personal relationship between any party consenting to such revocation of a permit and any party making application for such a new permit shall not be considered by the division in the granting of any application for such a new permit."
On the adoption of the amendment, the roll call was ordered and the vote was as

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follows:

N Amerson N Anderson Y Ashe Y Bannister Y Barnard N Barnes Y Beasley-Teague Y Benfield N Birdsong N Black Y Boggs Y Bordeaux N Borders Y Bridges Y Brock Y Brooks N Broome Y Brown N Bruce N Buck N Buckner, D Y Buckner, G E Bunn Y Burkhalter N Burmeister N Butler N Campbell N Casas Y Chambers N Channell Y Childers Y Coan N Coleman, B N Cooper N Crawford Y Cummings

Y Day N Dean Y Deloach Y Dix N Dodson Y Dollar N Dooley
Douglas Drenner N Dukes Ehrhart E Elrod E Epps Y Fleming N Floyd, H N Floyd, J N Fludd N Forster N Franklin Y Gardner Y Golick Y Graves, D N Graves, T N Greene N Greene-Johnson N Hanner Y Harbin N Harper Y Harrell N Heard, J N Heard, K N Heath Y Heckstall N Hembree Y Henson N Hill, C

Y Hill, C.A N Hill, V Y Hines Y Holmes N Houston N Howard Y Howell N Hudson N Hugley Y Jackson Y James Y Jamieson Y Jenkins N Jones N Jordan N Joyce Y Keen Y Knox
Lane N Lewis N Lord N Lucas N Lunsford N Maddox Y Mangham
Manning N Marin N Martin N Massey N Maxwell N McBee N McCall N McClinton Y Millar N Mills Y Mitchell

Y Mobley Y Moraitakis N Morris N Mosby N Mosley Y Murphy, J N Murphy, Q Y Noel N Oliver, B Y Oliver, M Y O'Neal Y Orrock N Parham N Parrish E Parsons Y Porter Y Powell Y Purcell Y Ralston N Randall N Ray N Reece, B Y Reece, S N Rice Y Richardson N Roberts, J Y Roberts, L N Rogers, C Y Rogers, Ch. N Royal Y Rynders Y Sailor N Scott
Shaw N Sheldon N Sholar

On the adoption of the amendment, the ayes were 77, nays 91. The amendment was lost.

Sims Y Sinkfield N Skipper N Smith, B N Smith, L Y Smith, P N Smith, T N Smith, V N Smyre N Snow N Stanley-Turner Y Stephens, E Y Stephens, R N Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson N Twiggs Y Walker, L N Walker, R.L N Warren Y Watson N Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, R N Wix N Yates
Coleman, Speaker

The following amendment was read:

Representative Smith of the 13th, Post 2 et al. move to amend the Committee substitute to HB 237 by striking lines 4 through 7 of page 13 and inserting in lieu thereof the following:

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"is prohibited;".

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

N Amerson Y Anderson N Ashe Y Bannister N Barnard N Barnes N Beasley-Teague N Benfield Y Birdsong N Black
Boggs Y Bordeaux N Borders Y Bridges Y Brock Y Brooks N Broome Y Brown N Bruce N Buck N Buckner, D N Buckner, G E Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers N Channell Y Childers Y Coan N Coleman, B N Cooper N Crawford Y Cummings

N Day N Dean Y Deloach N Dix N Dodson N Dollar N Dooley
Douglas Drenner N Dukes Ehrhart E Elrod E Epps Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin N Gardner N Golick N Graves, D Y Graves, T Y Greene N Greene-Johnson N Hanner Y Harbin N Harper N Harrell N Heard, J N Heard, K Y Heath N Heckstall N Hembree N Henson N Hill, C

N Hill, C.A N Hill, V Y Hines N Holmes Y Houston Y Howard N Howell N Hudson N Hugley N Jackson N James Y Jamieson Y Jenkins Y Jones N Jordan Y Joyce N Keen N Knox
Lane Y Lewis N Lord N Lucas N Lunsford N Maddox N Mangham
Manning N Marin N Martin Y Massey N Maxwell Y McBee N McCall N McClinton N Millar N Mills N Mitchell

N Mobley Y Moraitakis N Morris N Mosby N Mosley Y Murphy, J N Murphy, Q Y Noel N Oliver, B Y Oliver, M N O'Neal N Orrock N Parham N Parrish E Parsons Y Porter Y Powell Y Purcell Y Ralston N Randall N Ray Y Reece, B Y Reece, S N Rice N Richardson N Roberts, J N Roberts, L N Rogers, C Y Rogers, Ch. N Royal Y Rynders N Sailor N Scott
Shaw N Sheldon N Sholar

Y Sims N Sinkfield N Skipper N Smith, B N Smith, L Y Smith, P N Smith, T N Smith, V N Smyre N Snow N Stanley-Turner Y Stephens, E Y Stephens, R N Stephenson N Stokes N Stoner N Teilhet Y Teper N Thomas, A Y Thomas, A.M N Thompson Y Twiggs N Walker, L N Walker, R.L Y Warren N Watson N Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E N Williams, R N Wix N Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 52, nays 116. The amendment was lost.

The following amendment was read:

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Representative Hanner of the 133rd moves to amend the Committee substitute to HB 237 by inserting "(1)" after "(l)" on line 7 of page 9.
By inserting between lines 15 and 16 of page 9 the following:
"(2) Participation under this subsection in the form of providing consent to revocation of all or part of a permit shall not prevent a person from using water in an amount that does not require application to the division, nor shall such consent to revocation prevent a person from applying for a new permit if the constraint on the issuance of new permits in the area is lifted.".
By striking line 25 of page 12 and inserting in lieu thereof the following:
"location in the basin by means of pipes, ditches, conduits, or canals; provided, however, intrabasin transfer shall not include the following:
(i) Surface water transferred from one place to another in connection with mining, conveying, processing, beneficiation, sale, or shipment of any mineral, as such term is defined in paragraph (5) of Code Section 12-4-72, through whatever mode of transportation including but not limited to pipes, pipelines, conduits, ditches, or canals; and (ii) Surface water contained in any intermediate or product shipped or transported for further processing or for sale.".
By striking lines 8 through 15 of page 13 and inserting in lieu thereof the following:
"(2)(C) Any person who receives in one county an interbasin or intrabasin transfer of water which originated in a second county is prohibited from transferring any or all of such water by means of pipes, conduits, ditches, or canals into a third county, except for interbasin or intrabasin transfers that are part of a plan approved by the division pursuant to Article 10 of Chapter 5 of this title, the 'Metropolitan North Georgia Water Planning District Act,' or except to satisfy critical needs; (D) Any person proposing to receive an interbasin transfer must be implementing a water conservation plan approved by the director prior to the receipt of any requested interbasin transfer; (E) The director shall ensure that any interbasin transfer approved shall comply with the requirements of the Board of Natural Resources for instream flow protection in the basin of origin; and (F) The director shall provide a press release regarding the proposed issuance of all any". By striking line 33 of page 18 and inserting in lieu thereof the following:

THURSDAY, FEBRUARY 27, 2003

825

"location in the basin by means of pipes, ditches, conduits, or canals; provided, however, intrabasin transfer shall not include the following:
(i) Ground water transferred from one place to another in connection with mining, conveying, processing, beneficiation, sale, or shipment of any mineral, as such term is defined in paragraph (5) of Code Section 12-4-72, through whatever mode of transportation including but not limited to pipes, pipelines, conduits, ditches, or canals; and (ii) Ground water contained in any intermediate or product shipped or transported for further processing or for sale.".
By striking lines 17 and 18 of page 19 and inserting in lieu thereof the following:
"interbasin transfer; (E) The director shall ensure that any interbasin transfer approved shall comply with the requirements of the Board of Natural Resources for ground water protection in the basin of origin; and (F) The director shall provide a press release regarding the proposed issuance of any".
By inserting "(1)" after "(c)" on line 27 of page 23.
By inserting after line 36 of page 23 the following:
"(2) Participation under this subsection in the form of providing consent to revocation of all or part of a permit shall not prevent a person from using water in an amount that does not require application to the division, nor shall such consent to revocation prevent a person from applying for a new permit if the constraint on the issuance of new permits in the area is lifted."
The following amendment was read:
Representative Smith of the 13th, Post 2 et al. move to amend the Hanner amendment by striking lines 23 through 26 of page 1 and inserting in lieu thereof the following:
"such water by means of pipes, conduits, ditches, or canals into a third county;".
On the adoption of the Smith amendment to the Hanner amendment, the roll call was ordered and the vote was as follows:

826

JOURNAL OF THE HOUSE

N Amerson Y Anderson N Ashe Y Bannister N Barnard N Barnes N Beasley-Teague N Benfield N Birdsong N Black
Boggs Y Bordeaux N Borders Y Bridges Y Brock Y Brooks N Broome Y Brown N Bruce N Buck N Buckner, D N Buckner, G E Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers N Channell Y Childers N Coan N Coleman, B N Cooper N Crawford Y Cummings

N Day N Dean Y Deloach N Dix N Dodson N Dollar N Dooley
Douglas N Drenner N Dukes
Ehrhart E Elrod E Epps Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin N Gardner N Golick N Graves, D Y Graves, T Y Greene N Greene-Johnson N Hanner Y Harbin N Harper N Harrell N Heard, J N Heard, K N Heath N Heckstall N Hembree N Henson
Hill, C

N Hill, C.A N Hill, V Y Hines N Holmes Y Houston Y Howard N Howell N Hudson N Hugley N Jackson N James Y Jamieson Y Jenkins Y Jones N Jordan Y Joyce N Keen N Knox
Lane Y Lewis N Lord N Lucas N Lunsford N Maddox N Mangham
Manning N Marin N Martin N Massey N Maxwell N McBee N McCall
McClinton N Millar N Mills N Mitchell

N Mobley Y Moraitakis N Morris N Mosby Y Mosley Y Murphy, J N Murphy, Q Y Noel N Oliver, B Y Oliver, M N O'Neal N Orrock N Parham N Parrish E Parsons Y Porter Y Powell Y Purcell Y Ralston N Randall N Ray Y Reece, B Y Reece, S N Rice N Richardson N Roberts, J N Roberts, L N Rogers, C Y Rogers, Ch. N Royal N Rynders N Sailor N Scott
Shaw N Sheldon N Sholar

Y Sims N Sinkfield N Skipper N Smith, B N Smith, L Y Smith, P N Smith, T N Smith, V N Smyre N Snow N Stanley-Turner Y Stephens, E Y Stephens, R N Stephenson N Stokes N Stoner N Teilhet Y Teper N Thomas, A N Thomas, A.M N Thompson Y Twiggs N Walker, L N Walker, R.L N Warren N Watson N Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E N Williams, R N Wix N Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 45, nays 122. The amendment was lost.

The Hanner amendment was adopted.

The Committee substitute, as amended, was adopted.

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

THURSDAY, FEBRUARY 27, 2003

827

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague N Benfield Y Birdsong Y Black Y Boggs N Bordeaux Y Borders N Bridges N Brock N Brooks Y Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G E Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell N Childers Y Coan Y Coleman, B Y Cooper Y Crawford N Cummings

Y Day Y Dean N Deloach Y Dix Y Dodson Y Dollar Y Dooley
Douglas Y Drenner Y Dukes
Ehrhart E Elrod E Epps Y Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster N Franklin Y Gardner Y Golick Y Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines N Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley Y Jackson Y James N Jamieson Y Jenkins Y Jones Y Jordan N Joyce Y Keen N Knox
Lane N Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin N Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley N Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B N Oliver, M Y O'Neal N Orrock Y Parham Y Parrish E Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray N Reece, B N Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott
Shaw Y Sheldon Y Sholar

Y Sims N Sinkfield Y Skipper Y Smith, B Y Smith, L N Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet N Teper Y Thomas, A Y Thomas, A.M Y Thompson
Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 141, nays 27.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Greene-Johnson of the 60th, Post 3 arose to a point of personal privilege and addressed the House.

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JOURNAL OF THE HOUSE

The following Resolutions of the House were read and referred to the Committee on Rules:
HR 320. By Representatives Fludd of the 48th, Post 4, Westmoreland of the 86th, Lunsford of the 85th, Post 2, Heckstall of the 48th, Post 3, Holmes of the 48th, Post 1 and others:
A RESOLUTION commending the Sandy Creek High School boys basketball team and inviting the team to appear before the House of Representatives; and for other purposes.
HR 321. By Representatives Fludd of the 48th, Post 4, Westmoreland of the 86th, Lunsford of the 85th, Post 2, Heckstall of the 48th, Post 3, Holmes of the 48th, Post 1 and others:
A RESOLUTION commending Billy Jamerson and inviting him to appear before the House of Representatives; and for other purposes.
The Speaker Pro Tem assumed the Chair.
Mr. Clerk,
I missed several votes on February 27, 2003, due to illness.
Representative Bob Lane District 101
Representative Skipper of the 116th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tem announced the House adjourned until 10:00 o'clock, tomorrow morning.

FRIDAY, FEBRUARY 28, 2003

829

Representative Hall, Atlanta, Georgia Friday, February 28, 2003

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

Mr. Clerk,
Please excuse me today, February 28, 2003, due to illness.
Representative Bob Lane District 101

By unanimous consent, the call of the roll was dispensed with.

Prayer was offered by Dr. Edwin M. Cooper, Jr., Pastor, St. Paul United Methodist Church, Columbus, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, 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.

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3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:

HB 610. By Representative Parham of the 94th:
A BILL to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident reparations, so as to repeal certain provisions relating to vehicles not to be licensed until proof of insurance is furnished; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change certain provisions relating to form and contents of application for registration and heavy vehicle tax; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 611. By Representative Campbell of the 39th:
A BILL to amend Code Section 40-2-71 of the Official Code of Georgia Annotated, relating to disabled veteran license plates, so as to authorize the issuance of a license plate to a veteran for a vehicle which is owned by a trust if the veteran is the sole beneficiary, the trustee, and the donor of such trust; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 612. By Representative Greene of the 134th:
A BILL to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, so as to change the qualifications for the office of sheriff; and for other purposes.

FRIDAY, FEBRUARY 28, 2003

831

Referred to the Committee on Public Safety.

HB 613. By Representative Campbell of the 39th:
A BILL to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to parking for persons with disabilities, so as to change the conditions under which a parking permit may be issued to an institution transporting one or more persons with disabilities; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 614. By Representative Greene of the 134th:
A BILL to amend Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to jurisdiction over certain misdemeanor offenders, designation of place of confinement of inmates, reimbursement of counties, and transfer of inmates to federal authority, so as to change certain provisions relating to reimbursement rates; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 615. By Representatives Coleman of the 65th, Cummings of the 19th, Smith of the 110th, Mills of the 67th, Post 2, McBee of the 74th and others:
A BILL to amend Code Section 47-3-101 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement under the Teachers Retirement System of Georgia, duration of benefits paid to a retired member, and payment to maintain such retirement system, so as to provide that a member with at least five years of membership service shall be vested for a benefit; and for other purposes.

Referred to the Committee on Retirement.

HB 616. By Representative Parham of the 94th:

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JOURNAL OF THE HOUSE

A BILL to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to examination of applicants, so as to provide that no onthe-road driving test is required of applicants moving from another state with a valid privilege in the other state; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 617. By Representatives Graves of the 106th, Childers of the 13th, Post 1, Wilkinson of the 41st and Watson of the 60th, Post 2:
A BILL to amend Article 7 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to clinical perfusionist licensure, so as to change the period of time for which a provisional license shall be valid; to provide for licensure of provisional licensees; to provide for revocation of a provisional license for failure to meet certain licensure requirements; and for other purposes.

Referred to the Committee on Health and Human Services.

HB 618. By Representatives Porter of the 119th, Orrock of the 51st, Randall of the 107th, Skipper of the 116th, Lucas of the 105th 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 Magistrates Retirement Fund; and for other purposes.

Referred to the Committee on Retirement.

HB 619. By Representatives Harbin of the 80th and Maddox of the 59th, Post 2:
A BILL to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the issuance of group accident and sickness insurance under a franchise group plan; to provide for definitions; to provide for conversion, portability, and continuation; and for other purposes.

Referred to the Committee on Insurance.

FRIDAY, FEBRUARY 28, 2003

833

HB 620. By Representative Parham of the 94th:
A BILL to amend Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to instruction permits, graduated licensing and related restrictions, and temporary licenses with regard to drivers' licenses, so as to authorize a temporary driver's license for 90 days; to amend Code Section 40-5-53 of the Official Code of Georgia Annotated, relating to surrender of a driver's license upon conviction and forwarding of a driver's license with a citation to the department, so as to provide that the department shall destroy surrendered licenses after recording the date of surrender; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 621. By Representatives Buck of the 112th, Coleman of the 118th, Parrish of the 102nd and Channell of the 77th:
A BILL to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change certain provisions regarding the Georgia State Financing and Investment Commission and the Georgia Environmental Facilities Authority; to change certain provisions regarding authorized investments; and for other purposes.

Referred to the Committee on Appropriations.

HB 622. By Representatives Royal of the 140th and Houston of the 139th:
A BILL to amend Code Section 21-2-139 of the Official Code of Georgia Annotated, relating to nonpartisan elections of certain local officers, so as to change which officers may be subject to nonpartisan elections and provide for election dates; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 623. By Representatives Lewis of the 12th, Childers of the 13th, Post 1, Cummings of the 19th and Smith of the 13th, Post 2:

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A BILL to amend an Act providing for the Board of Education of Bartow County, so as to change the method of filling vacancies on said board; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 624. By Representatives Coleman of the 65th, Cummings of the 19th, Smith of the 110th, Mills of the 67th, Post 2, McBee of the 74th 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 in the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit increase; and for other purposes.

Referred to the Committee on Retirement.

HB 625. By Representatives Marin of the 66th, Mosby of the 59th, Post 3, Orrock of the 51st, Jackson of the 124th, Post 1 and Gardner of the 42nd, Post 3:
A BILL to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counselors, social workers, and marriage and family therapists, so as to provide for temporary permits for foreign-born professional counselors for whom English is a second language to practice as professional counselors; to establish a time limit for such temporary permits; and for other purposes.

Referred to the Committee on Health and Human Services.

HB 626. By Representatives Childers of the 13th, Post 1, Smith of the 13th, Post 2, Reece of the 11th, Birdsong of the 104th and Royal of the 140th:
A BILL to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles so as to provide for an exemption from such taxation with respect to certain motor vehicles owned or leased by veterans organizations; and for other purposes.

FRIDAY, FEBRUARY 28, 2003

835

2/27/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 626. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Childers District 13, Post 1

Referred to the Committee on Ways & Means.

HB 627. By Representatives Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A BILL to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government and state planning, so as to require publicly listed state telephone numbers to be answered by an attendant; to provide for definitions; to prohibit the use of voice mail systems by state employees except under certain circumstances; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 628. By Representatives Hugley of the 113th, Gardner of the 42nd, Post 3, Childers of the 13th, Post 1, Hill of the 81st and Orrock of the 51st:
A BILL to amend Chapter 1A of Title 43 of the Official Code of Georgia Annotated, relating to occupational regulation legislation review, so as to change the provisions relating to occupational regulation legislation review; to provide for evaluation of businesses and professions; to change the composition of the Georgia Occupational Regulation Review Council; to change the provisions relating to referral of a bill to the council; and for other purposes.

Referred to the Committee on Governmental Affairs.

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JOURNAL OF THE HOUSE

HB 629. By Representative Mobley of the 58th:
A BILL to amend Code Section 28-1-17 of the Official Code of Georgia Annotated, relating to prefiling of bills and resolutions in the General Assembly, so as to provide that only members of the General Assembly who currently hold office as such shall be eligible to prefile bills and resolutions; and for other purposes.

Referred to the Committee on Rules.

HB 630. By Representatives White of the 3rd, Post 2, Smith of the 129th, Post 2, Westmoreland of the 86th, Keen of the 146th, Boggs of the 145th and others:
A BILL to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special and distinctive Choose Life, Inc. license plates; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 631. By Representatives Holmes of the 48th, Post 1, Moraitakis of the 42nd, Post 4, Brooks of the 47th, Bruce of the 45th and Ashe of the 42nd, Post 2:
A BILL to amend Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions, so as to provide for a seven year statute of limitation on actions to collect on accounts for municipal utility service; and for other purposes.

Referred to the Committee on Judiciary.

HB 632. By Representatives Snow of the 1st, Boggs of the 145th, Day of the 126th and Forster of the 3rd, Post 1:
A BILL to amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to organization and administration of the Georgia Emergency Management Agency, so as to provide for certain state government safety plans; to provide for exemptions; to provide for a program

FRIDAY, FEBRUARY 28, 2003

837

of training and technical assistance; to exempt certain records from public inspection and disclosure; and for other purposes.
Referred to the Committee on Public Safety.

HB 633. By Representatives Mobley of the 58th and Beasley-Teague of the 48th, Post 2:
A BILL to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to change the provisions relating to prohibitions against sex discrimination in employment; to prohibit certain discrimination in employment and in membership in labor organizations on the basis of sex, race, or national origin; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 634. By Representatives Burmeister of the 96th, Gardner of the 42nd, Post 3, Reece of the 21st, Amerson of the 9th, Watson of the 60th, Post 2 and others:
A BILL to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide for the comprehensive revision of provisions regarding restrictions on sale or dispensing of contact lens prescriptions; and for other purposes.

Referred to the Committee on Health and Human Services.

HB 635. By Representative Burmeister of the 96th:
A BILL to amend an Act providing for the consolidation of Richmond County and the City of Augusta, so as to provide for the number of votes required by the commission to take action; and for other purposes.

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

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JOURNAL OF THE HOUSE

HR 271. By Representatives Barnard of the 121st, Post 1, DeLoach of the 127th, Williams of the 128th, Keen of the 146th, Hill of the 147th and others:
A RESOLUTION creating the Joint Study Committee on Coastal Marshlands Protection; and for other purposes.

Referred to the Committee on Rules.

HR 319. By Representatives Mobley of the 58th and Beasley-Teague of the 48th, Post 2:
A RESOLUTION creating the House Study Committee on Equal Pay; 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 21 HB 573 HB 574 HB 575 HB 576 HB 577 HB 578 HB 579 HB 580 HB 581 HB 582 HB 583 HB 584 HB 585 HB 586 HB 587 HB 588 HB 589 HB 590

HB 597 HB 598 HB 599 HB 600 HB 601 HB 602 HB 603 HB 604 HB 605 HB 606 HB 607 HB 608 HB 609 HR 260 HR 261 HR 262 HR 263 HR 264 HR 265

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839

HB 591 HB 592 HB 593 HB 594 HB 595 HB 596

HR 266 SB 24 SB 37 SB 120 SR 49

Representative McBee of the 74th District, Chairman of the Committee on Higher Education, submitted the following report:
Mr. Speaker:
Your Committee on Higher Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 341 Do Pass HB 424 Do Pass

Respectfully submitted, /s/ McBee of the 74th
Chairman

Representative Lord of the 103rd District, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 236 Do Pass HB 259 Do Pass

Respectfully submitted, /s/ Lord of the 103rd
Chairman

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JOURNAL OF THE HOUSE

Representative Bordeaux of the 125th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 164 Do Pass HR 68 Do Pass, by Substitute

Respectfully submitted, /s/ Bordeaux of the 125th
Chairman

Representative Snow of the 1st District, Chairman of the Committee on Public Safety, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 415 Do Pass

Respectfully submitted, /s/ Snow of the 1st
Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

FRIDAY, FEBRUARY 28, 2003

841

HB 386 Do Pass, by Substitute HB 488 Do Pass HB 500 Do Pass

HB 501 Do Pass HB 505 Do Pass HB 523 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

Representative Twiggs of the 8th District, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:

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

HB 313 HB 321 HR 28 HR 29 HR 66 HR 81 HR 88 HR 90 HR 106 HR 107 HR 115

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

HR 128 HR 129 HR 131 HR 132 HR 133 HR 146 HR 175 HR 212 HR 213 HR 257

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

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

Representative Royal of the 140th 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

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JOURNAL OF THE HOUSE

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

HB 93 Do Pass HB 383 Do Pass HB 468 Do Pass

HB 469 Do Pass HB 544 Do Pass

Respectfully submitted, /s/ Royal of the 140th
Chairman

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

HOUSE RULES CALENDAR FRIDAY, FEBRUARY 28, 2003

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 22nd Legislative Day as enumerated below:

HB 157 HB 173 HB 267 HB 347

Coastal management; continuation of provisions Bulletproof vest; unlawful during commission of certain offenses Teachers Retirement; contribution rate; certain reduction Veterinary practice; extensively revise provisions

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

Respectfully submitted, /s/ Smyre of the 111th
Chairman

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

FRIDAY, FEBRUARY 28, 2003

843

HB 386. By Representative Amerson of the 9th:
A BILL to amend an Act providing a new charter for the City of Lula, so as to provide for city council election districts; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend an Act providing a new charter for the City of Lula, approved April 5, 1994 (Ga. L. 1994, p. 4841), so as to provide for city council election districts; to provide for definitions and inclusions; to provide for continuation in office of current councilmembers; to provide for other 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing a new charter for the City of Lula, approved April 5, 1994 (Ga. L. 1994, p. 4841), is amended by striking subsections (d) and (e) of Section 2.10 and inserting in lieu thereof the following:
"(d)(1) For purposes of electing members of the city council, the City of Lula is divided into five residency districts. One member of the council shall be elected from each such district. No person shall be eligible to serve as a councilmember for a district unless such person has been a resident of the district for the 12 months immediately preceding the election of councilmembers. Each such person shall continue to reside within the district during said period of service. Council Districts 1, 2, 3, 4, and 5 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: lula2 Plan Type: Local User: Gina Administrator: Lula-city. (2) When used in such attachment, the term '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 City of Lula 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

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part of the City of Lula 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 council district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia. (e) The members of the city council shall be elected as provided in this subsection. On the Tuesday next following the first Monday in November, 2003, and on that date quadrennially thereafter, there shall be elected three councilmembers representing Districts 1, 4, and 5. On the Tuesday next following the first Monday in November, 2005, and on that date quadrennially thereafter, there shall be elected a mayor and two councilmembers representing Districts 2 and 3."
SECTION 2. It is the purpose of this Act to provide for residency districts from which members of the city council of the City of Lula are to be elected in the November, 2003, 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 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. Those members of the city council of Lula who are serving as such on July 1, 2003, and any person elected to fill such vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors.
SECTION 3. The governing authority of the City of Lula shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 4. The provisions of this Act relating to and necessary for the regular election in 2003 of members of the city council of the City of Lula shall become effective upon its approval by the Governor or upon its becoming effective without such approval; and this Act shall otherwise become effective July 1, 2003.

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SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
District 001 Hall County
Tract: 1 BG: 1 1085 1086 1087 1088 1098 1099 1100 1101 1102 1103 1104 1105 1106 1110 BG: 2 2005 2006 2019 2020 2023 2024 2052

District 002 Hall County
Tract: 1 BG: 2 2007 2013 2014 2015 2017 2018

District 003 Hall County
Tract: 1 BG: 1 1039 1042 1043 1072 1073 1082 1083 1084 BG: 2 2002

District 004 Banks County
Tract: 9803 BG: 1 1007 1008 1009 1010 1011
Hall County Tract: 1 BG: 1 1044 1045 1046 1047 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1065 1066 1077 1078 1081

District 005 Banks County
Tract: 9803 BG: 1

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1012
Hall County Tract: 1 BG: 1 1059 1060 1061 1062 1063 1064 1067 1068 1069 1070 1071 1074 1075 1076 1079 1080 BG: 2 2000 2001 2003 2004 2008 2009 2010 2011 2012 2016

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 100, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 488. By Representatives Purcell of the 122nd and Stephens of the 123rd:
A BILL to amend an Act entitled "An Act to reconstitute the board of education of Effingham County," so as to provide for the nonpartisan election of the members of the board of education; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 500. By Representative Hanner of the 133rd:
A BILL to provide that future elections for the office of chief magistrate of Terrell County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; and for other purposes.

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

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agreed to. On the passage of the Bill, the ayes were 100, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 501. By Representative Hanner of the 133rd:
A BILL to provide that future elections for the office of probate judge of Terrell County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 505. By Representative Hanner of the 133rd:
A BILL to repeal an Act providing for a four-month vehicle registration period for Webster County; to specify the vehicle registration period for Webster County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 523. By Representatives Williams of the 128th, Keen of the 146th, Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:
A BILL to provide for the creation of a community improvement district in Glynn County; to provide for a short title; to provide for the purposes of said

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district; to provide for a board to administer said district; to provide for authorized contents of agreements and instruments of the board generally, use of proceeds of sale of bonds, notes, or other obligations, and subsequent issues of bonds, notes, or other obligations; and for other purposes.

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

Representative Franklin of the 17th would like to be recorded as voting "nay" on House Bills 386, 488, 500, 501, 505 and 523.

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

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 84. By Senators Thomas of the 2nd and Johnson of the 1st:
A BILL to be entitled an Act to provide that the tax commissioner of Chatham County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Chatham County to reimburse the county for the cost of collecting school taxes; to provide for a statement of intention and the authority for this Act; to repeal conflicting laws; and for other purposes.
SB 109. By Senators Stephens of the 51st, Lee of the 29th and Crotts of the 17th:
A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, and Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for ethics reforms; to change certain provisions regarding public officials conduct and lobbyist disclosure; to change certain provisions

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regarding definitions; to provide for additional filing and disclosure requirements; to provide for additional eligibility requirements regarding certain public offices; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

SB 84.

By Senators Thomas of the 2nd and Johnson of the 1st:
A BILL to be entitled an Act to provide that the tax commissioner of Chatham County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Chatham County to reimburse the county for the cost of collecting school taxes; to provide for a statement of intention and the authority for this Act; to repeal conflicting laws; and for other purposes.

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

SB 109. By Senators Stephens of the 51st, Lee of the 29th and Crotts of the 17th:
A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, and Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for ethics reforms; to change certain provisions regarding public officials conduct and lobbyist disclosure; to change certain provisions regarding definitions; to provide for additional filing and disclosure requirements; to provide for additional eligibility requirements regarding certain public offices; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Rules.

Representative Joyce of the 2nd arose to a point of personal privilege and addressed the House.

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

HB 347. By Representatives Purcell of the 122nd, Ray of the 108th, James of the 114th, Crawford of the 91st, Oliver of the 121st, Post 2 and others:
A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to extensively revise the "Georgia Veterinary Practice Act"; to provide a short title; to provide for legislative purpose; to define certain terms; to provide for the State Board of Veterinary Medicine and its members, powers, and duties; to provide for licensing of veterinarians and regulation of the practice of veterinary medicine; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to extensively revise the "Georgia Veterinary Practice Act"; to provide a short title; to provide for legislative purpose; to define certain terms; to provide for the State Board of Veterinary Medicine and its members, powers, and duties; to provide for licensing of veterinarians and regulation of the practice of veterinary medicine; to provide for registration of veterinary technicians and regulation of the practice of veterinary technology; to provide for certain exceptions; to provide punishments for certain violations; to provide standards for veterinary facilities; to provide for immunity for certain acts; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1.
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking Chapter 50, relating to veterinarians and veterinary technicians, and inserting in lieu thereof the following:
"CHAPTER 50 ARTICLE 1

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43-50-1. This chapter shall be known and may be cited as the 'Georgia Veterinary Practice Act.'
43-50-2. This chapter is enacted as an exercise of the powers of the state to promote the public health, safety, and welfare by safeguarding the people of this state against incompetent, dishonest, or unprincipled practitioners of veterinary medicine or veterinary technology.
43-50-3. As used in this chapter, the term:
(1) 'Accredited 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 by the American Veterinary Medical Association Council on Education or its successor organization. (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 or its successor organization. (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 college of veterinary medicine. (7) 'Immediate supervision' means the licensed veterinarian is in audible and visual range of the animal patient and the person treating the animal. (8) 'Indirect supervision' means the licensed veterinarian is not on the premises but has given either written or oral instructions for the treatment of the animal patient and the animal has been examined by a licensed veterinarian at such times as acceptable veterinary medical practice requires, consistent with the particular delegated health care task. (3)(9) 'Licensed veterinarian' means a person who is validly and currently licensed to practice veterinary medicine in this state. (4)(10) 'Person' means any individual, firm, partnership, limited liability company,

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association, joint venture, cooperative, and corporation or any other group or combination acting in concert; and whether or not acting as a principal, trustee, fiduciary, receiver, or as any other kind of legal or personal representative, or as the successor in interest, assignee, agent, factor, servant, employee, member, director, officer, or any other representative of such person. (5)(11) To 'practice veterinary medicine' or the 'practice of veterinary medicine' means:
(A) To diagnose, treat, correct, change, relieve, or prevent animal disease, deformity, defect, injury, or other physical or mental conditions, including the prescription, or administration, or dispensing of any prescription drug, medicine, biologic, apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique for testing on, for, or to any animal, including but not limited to acupuncture, animal dentistry, homeopathy, or manual or mechanical adjustment procedures, botanical medicine, physical therapy, surgery, diagnostic veterinary pathology, any manual, mechanical, biological, or chemical procedure used for pregnancy testing, or for correcting sterility or infertility, or to render advice or recommendations with regard to any of the above, but not including such administration or dispensing pursuant to prescription or direction of a licensed veterinarian;
(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 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. This subparagraph shall apply only to licensed veterinarians and not to other qualified individuals;

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(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 with the United States Department of Agriculture or the Georgia Department of Agriculture who are engaged in their official duties; or (G) To administer a rabies vaccination to any animal that the state requires to be vaccinated. (12) 'Prescription drug' includes any medicine, medication, or pharmaceutical or biological product whose manufacturers label must, pursuant to federal or state law, have the following statement printed on its packaging: 'Federal law restricts this drug 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. (13) 'Registered veterinary technician' means a veterinary technician who 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)(14) 'Veterinarian' means a person who has received a doctors doctorate degree in veterinary medicine from a college or school of veterinary medicine. (15) '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 is personally acquainted with the keeping and care of the animal by the virtue of 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. (16) 'Veterinary facility' means any premises owned or operated by a veterinarian or his or her employer where the practice of veterinary medicine occurs, including but not limited to veterinary hospitals, clinics, or mobile clinics; provided, however, that such term does not include a clients private property where a licensed veterinarian treats the clients animals. (8)(17) 'Veterinary medicine' includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of veterinary medicine. (18) 'Veterinary technician' means a person who engages in the practice of veterinary technology. (19) 'Veterinary technology' means the science and art of providing certain aspects of

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professional medical care and treatment for animals and the practice of veterinary medicine as may be delegated by a veterinarian but does not include making a diagnosis or prognosis, prescribing treatment, performing surgery, or the prescription of medications. Such authorized tasks when performed by a registered veterinary technician in accordance with such delegation by a licensed veterinarian shall not constitute the practice of veterinary medicine by such registered veterinary technician, the provisions of paragraph (11) of this Code section notwithstanding.
ARTICLE 2
43-50-20. (a) The There shall be a 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 confirmation by the Senate. The board shall consist of six members, each appointed for a term of five years or until his or her successor is appointed. Five members of the board shall be duly licensed veterinarians actually engaged in active practice for at least five years prior to appointment. The sixth member shall be appointed from the public at large and shall in no way be connected with the practice of veterinary medicine. The initial appointment for the sixth member shall expire June 30, 1985; thereafter, successors shall be appointed for a term of five years. Those members of the Georgia State Board of Veterinary Examiners State Board of Veterinary Medicine serving on July 1, 1965 2003, shall continue to serve as members of the board until the expiration of the term for which they were appointed. Thereafter, successors to such board members shall be appointed in accordance with this Code section. (b) Vacancies due to death, resignation, removal, or otherwise shall be filled for the remainder of the unexpired term in the same manner as regular appointments. No person shall serve two consecutive five-year terms, but a person appointed for a term of less than five years may succeed himself or herself. (c) No person may serve on the board who is, or was during the two years preceding his or her appointment, a member of the faculty, trustees, or advisory board of a veterinary school. (d) Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. (e) Any member of the board may be removed by the Governor after a hearing by the board determines cause for removal. (f) The board shall meet at least once each year at the time fixed by the board. Other necessary meetings may be called by the president of the board by giving such notice as shall be established by the board. Meetings shall be open and public except that the board may meet in closed session to prepare, approve, administer, or grade examinations or to deliberate the qualifications of an applicant for license or the disposition of a proceeding to discipline a licensed veterinarian. (g) At its annual meeting, the board shall organize by electing a president and such other officers as may be required by the board. Officers of the board serve for terms of

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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 of chair the 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 licenses or registrations to practice veterinary medicine and veterinary technology in this state; (2) Issue, renew, refuse to renew, deny, suspend, or revoke licenses or registrations to practice veterinary medicine or 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 chapter and the rules and regulations adopted under this article chapter; (3) Conduct investigations for the purpose of discovering violations of this article chapter or grounds for disciplining licensed veterinarians persons licensed or registered under this chapter; (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 chapter or any regulations made pursuant to this article chapter; and (7) Adopt, amend, or repeal all rules necessary for its government and all regulations necessary to carry this article chapter into effect, including without limitation the establishment and publication of standards of professional conduct for the practice of veterinary medicine and veterinary technology. (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 veterinary technology and are to be construed liberally to accomplish this objective.
ARTICLE 3 Part 1
43-50-22. 43-50-30. (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 provided the articles of

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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.
43-50-23. 43-50-31. (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 college or school of veterinary medicine or possesses an ECFVG certificate or other foreign equivalency as determined by the board; provided, however, that a senior veterinary student may, in the discretion of the board, be allowed to sit for the examination during his or her senior year if he or she meets the other qualifications but shall not be issued a license unless and until he or she graduates; and (4) 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; provided, however, that the board may provide by rule for waiver of any part of such examination for veterinarians who are licensed as such by another state and who are in good standing therewith.
43-50-24. 43-50-32. (a) The board shall hold at least one license examination during each year and may hold such additional license examinations as are necessary. (b) After each examination, the division director shall notify each examinee of the result of his or her 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 a license 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. 43-50-33. Any person holding a valid license to practice veterinary medicine in this state on July 1, 1965 2003, shall be recognized as a licensed veterinarian and shall be entitled to retain this status so long as he or she complies with this article, including biennial

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renewal of the license.
Part 2
43-50-26. 43-50-40. (a) All licenses and registrations under this article shall be renewable biennially. (b) Any person who shall practice veterinary medicine or veterinary technology after the expiration of his or her license or registration and willfully or by neglect fail to renew such license or registration shall be practicing in violation of this article, provided that any person may renew an expired license or registration 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 or registration 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 or registered veterinary technician 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 veterinary 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 licensed 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 veterinary medical education required of licensed veterinarians 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 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 distance learning courses, with the number of hours being

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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 or registration for those individuals who elect to apply for such status. Persons who are granted inactive status shall not engage in the practice of veterinary medicine or veterinary technology and shall be exempt from the requirements of continuing veterinary medical education during such inactivity. 43-50-27. 43-50-41. (a) The board is authorized to refuse to grant a license or registration to an applicant, or to revoke the license or registration of a veterinarian person licensed or registered by the board, or to discipline a veterinarian person licensed or registered 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 or registration 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 or registration, and, if the board is not satisfied as to the applicants qualifications, it may deny a license or registration without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he or she so desires; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of veterinary medicine or veterinary technology on any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining a license or registration to practice veterinary medicine or veterinary technology; or made a false statement or deceptive biennial registration renewal 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

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(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 registration to practice veterinary technology revoked, suspended, or annulled by any lawful licensing veterinary medical authority other than the board; or had other disciplinary action taken against him or her by any lawful licensing or registering veterinary medical authority other than the board; or was denied a license or registration by any lawful licensing veterinary medical authority other than the board, pursuant to disciplinary proceedings; or was refused the renewal of a license or registration 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 or veterinary technology practice. Unprofessional conduct shall also include, but not be limited to, the following: failure to keep veterinary facility 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 or unregistered person or any licensee or registrant whose license or registration has been suspended or revoked by the board to practice veterinary medicine or veterinary technology 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 or

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registration of any such person and shall prevent the reissuance or renewal of any license or registration so suspended for as long as the adjudication of incompetence is in effect; (10) Displayed an inability to practice veterinary medicine or veterinary technology with reasonable skill and safety to patients or has become unable to practice veterinary medicine or veterinary technology with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition, or by reason of displaying habitual intoxication, addiction to, or recurrent personal misuse of alcohol, drugs, narcotics, chemicals, or any other type of similar substances. In enforcing this paragraph, the board may, upon reasonable grounds, require a licensee, registrant, or applicant to submit to a mental or physical examination by physicians designated by the board. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute. Every person who shall accept the privilege of practicing veterinary medicine or veterinary technology in this state or who shall file an application for a license 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 or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee, registrant, or applicant who is prohibited from practicing veterinary medicine or veterinary technology under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that such person can resume or begin the practice of veterinary medicine or veterinary technology with reasonable skill and safety to patients; (11) Failed to register with the division director as required by law. It shall be the duty of every licensee or registrant to notify the board of any change in his or her address of record with the board; provided, however, that, for a period established by the division director after failure to register, a license or registration may be reinstated by payment of a registration fee to be determined by the board by rule and by filing of a special application therefor. After this period has elapsed, a license or registration may be revoked for failure to register and for failure to pay the fee as provided by law. Any license revoked under the terms of this Code section may be reinstated only upon an applicants taking the examination required by Code Section 43-50-23 and paying the fees prescribed by law therefor; (12) Engaged in the excessive prescribing or administering of drugs or treatment or the use of diagnostic procedures which are detrimental to the patient as determined by the customary practice and standards of the local community of licensees; or knowingly prescribed controlled drug substances or any other medication without a legitimate veterinary medical purpose; or knowingly overprescribed controlled drug

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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 registrant; (14) Used, prescribed, or sold any veterinary prescription drug or prescribed an extralabel use of any drug in the absence of a valid veterinarian-client-patient relationship; or (15) Has had his or her U. S. Drug Enforcement Administration privileges restricted or revoked. (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 anyone other than the person reprimanded; (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.

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(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 contract agents of the board, such investigations as he or she or the board may deem necessary or proper for the enforcement of the provisions of this chapter. Any person properly conducting an investigation on behalf of the board shall have access to and may examine any writing, document, or other material relating to the fitness of any licensee, registrant, or applicant. The division director or his or her appointed representative may issue subpoenas to compel such access upon a determination that reasonable grounds exist for the belief that a violation of this chapter or any other law relating to the practice of veterinary medicine or veterinary technology may have taken place. (2) The results of all investigations initiated by the board shall be reported solely to the board, and the records of such investigations shall be kept for the board by the division director, with the board retaining the right to have access at any time to such records. No part of any such records shall be released, except to the board, for any purpose other than a hearing before the board, nor shall such records be subject to subpoena; provided, however, that the board shall be authorized to release such records to another enforcement agency or lawful licensing authority. (3) The board shall have the authority to exclude all persons during its deliberations on disciplinary proceedings and to discuss any disciplinary matter in private with a licensee, registrant, or applicant and the legal counsel of that licensee, registrant, or applicant. (i) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting or investigating the acts or omissions of a licensee, registrant, or applicant which violate the provisions of subsection (a) of this Code section or any other provision of law relating to a licensees, registrant's, or applicants fitness to practice as a licensed veterinarian or registered veterinary technician or for initiating or conducting proceedings against such licensee, registrant, or applicant, if such report is made or action is taken in good faith, without fraud or malice. Any person who testifies or who makes a recommendation to the board in the nature of peer review, in good faith, without fraud or malice, before the board in any proceeding involving the provisions of subsection (a) of this Code section or any other law relating to a licensees, registrants, or applicants fitness to practice as a licensed veterinarian or registered veterinary technician 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 or registration nor the refusal to issue a previously denied license or registration shall be considered to be a contested case

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within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Notice and hearing within the meaning of Chapter 13 of Title 50 shall not be required, but the applicant, registrant, or licensee shall be allowed to appear before the board if he or she so requests. (k) If any licensee, registrant, or applicant fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such licensee, registrant, or applicant and take action as if such licensee, registrant, or applicant had been present. A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding shall be served upon the licensee, registrant, or applicant by certified mail or statutory overnight delivery, return receipt requested, to the last known address of record with the board. If such material is returned marked 'unclaimed' or 'refused' or is otherwise undeliverable and if the licensee, registrant, or applicant cannot, after diligent effort, be located, the division director shall be deemed to be the agent for service for such licensee, registrant, or applicant for purposes of this Code section, and service upon the division director shall be deemed to be service upon the licensee, registrant, or applicant. (l) The voluntary surrender of a license or registration shall have the same effect as a revocation of the license or registration, subject to reinstatement in the discretion of the board. (m) This Code section shall apply equally to all licensees, registrants, or applicants whether individuals, partners, or members of any other incorporated or unincorporated associations, corporations, or other associations of any kind whatsoever. (n) All subpoenas issued pursuant to the authority granted in this chapter shall be subject to the general rules of law with respect to distance, tender of fees and expenses, and protective orders; and any motion made with respect thereto shall be made to and passed on by a judge of the superior court of the county of residence of the person to whom the subpoena is directed. (o) Any proceeding or administrative action instituted under this Code section shall be governed by the provisions of this Code section as they existed in full force and effect on the date of the commission of the act or acts constituting a violation of this Code section, except as otherwise specifically declared by the General Assembly.
43-50-28. Reserved.
43-50-29. 43-50-42. (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.

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(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 4350-32, 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. 43-50-30. 43-50-43. The board may, in its discretion, issue a veterinary faculty license to any qualified applicant associated with one of this states institutions of higher learning and involved in the instructional program of either undergraduate or graduate veterinary medical students, subject to the following conditions:
(1) That the holder of the veterinary faculty license shall be remunerated for the practice aspects of his or her services solely from state, federal, or institutional funds and not from the patient-owner beneficiary of his or her practice efforts; (2) That the applicant will furnish the board with such proof as the board may deem necessary to demonstrate that the applicant is a graduate of a reputable school or college of veterinary medicine; 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 is valid only for the practice of veterinary medicine as a faculty member of the institution; (3) That the license issued under this Code section may be revoked or suspended or the licensee may be otherwise disciplined in accordance with Code Section 43-50-27 43-50-41; and (4) That the license issued under this Code section may be canceled by the board upon receipt of information that the holder of the veterinary faculty license 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. 43-50-44. This article shall not be construed to prohibit:
(1) An employee of the federal, state, or local government or any contractual partner thereof or any employee of a public or private college or university or of a zoological park or aquarium that is accredited by the American Zoo and Aquarium Association or other substantially equivalent 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

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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, which practices shall include, but not be limited to, castration of food animals, dehorning or floating teeth 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 overthe-counter identification devices, artificial insemination, the use of federally approved over-the-counter products, branding, collecting of fluids for genetic identification and classification, semen collection, storage, testing and evaluation, and the use of ultrasound for collection of production data and similar nondiagnostic purposes; (4) A person assisting with a nonsurgical 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 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;

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(8) The owner, operator, or employee of a licensed kennel, animal shelter, or stable or of a pet-sitting service providing food, shelter, or supervision of an animal or administering prescription drugs pursuant to prescription of a licensed veterinarian or over-the-counter medicine to an animal; (7)(9) 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 or school of veterinary medicine or school of veterinary technology 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)(10) Any person selling or applying any pesticide, insecticide, or herbicide; (9)(11) Any person engaging in bona fide scientific research which reasonably requires experimentation involving animals; (10)(12) Any person performing artificial insemination; or nonsurgical transfer of embryos; or (11)(13) An employee of a licensed veterinarian administering prescribed care to an animal under the direct appropriate supervision of the veterinarian.; (14) A graduate of a foreign college or school of veterinary medicine who is in the process of obtaining the ECFVG certificate or other foreign equivalency as determined by the board performing duties or actions under the direct supervision of a licensed veterinarian; (15) A person or his or her employee from the nonsurgical removal of an embryo from an animal for the purpose of transplanting such embryo into another female animal, cryopreserving such embryo, or implanting such embryo in an animal, provided the use of prescription medications in such animals is maintained under the direction of a licensed veterinarian with a valid veterinarian-client-patient relationship; (16) Any other licensed or registered 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 (17) A person performing soft tissue animal massage.
43-50-33. 43-50-45. (a) Any person who practices veterinary medicine without a valid license in violation of this article shall be guilty of a misdemeanor the offense of practicing veterinary medicine without a license 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 punished as provided in this Code section, provided that each act of such unlawful practice shall constitute a distinct and separate offense. (b) No person who shall practice veterinary medicine without a valid license may

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receive any compensation for services so rendered. Upon being convicted a first time under this Code section, such person shall be punished by a fine of not more than $500.00 for each offense. Upon being convicted a second or subsequent time under this Code section, such person shall be punished by a fine of not more than $1,000.00 for each offense, imprisonment for not more than 12 months, or both such fine and imprisonment. (c) The board or any citizen of this state may bring an action to enjoin any person from practicing veterinary medicine without a valid license. If the court finds that the person is violating, or is threatening to violate, this article, it shall enter an injunction restraining him or her from such unlawful acts. (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 Part 3
43-50-50. It is the purpose of this article part to encourage more effective utilization of the skills of licensed 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

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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 such fee as may be required by the board. (2) The application shall include evidence, satisfactory to the board, that:
(A) The applicant has attained the age of 18; (B) The applicant is of good moral character;
(C)(i) The applicant is a graduate of an animal technology program approved by the board; and a college or technical school course of study in veterinary technology from an institution accredited by the American Veterinary Medical Association, including without limitation instruction in the operation of life sustaining oxygen equipment, and has successfully passed an examination required by the board; or (ii) The applicant has successfully completed a college course of study in the care and treatment of animals from an institution having a curriculum approved by the board, including without limitation instruction in the operation of life sustaining oxygen equipment, and has successfully passed an examination required 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. (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. Until July 1, 2005, any person who during the period from July 1, 1993, through June 30, 2003, acquired a minimum of five years experience assisting a licensed veterinarian may, with a signed affidavit from his or her supervising veterinarian attesting to his or her level of on-the-job training, be allowed to take the examination approved by the board. Upon receiving a passing grade on such examination, the board may issue a certificate of registration. The board shall provide a list of appropriate study materials to candidates. (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. Until January 1, 2005, any person who at any time prior to July 1, 2003, was certified as a registered veterinary technician in this state shall be entitled to renew such registration without examination and without meeting any requirements of subparagraph (a)(2)(C) of this Code section. (d) The board may issue a certificate of registration to an applicant if the applicant is

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currently registered in another state having standards for admission substantially the same as this state and such standards were in effect at the time the applicant was first admitted to practice in the other state. (e) The board 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.
43-50-53. (a) The board shall hold at least one registration examination during each year and may hold such additional examinations as are necessary for applicants annually or allow applicants to take automated tests at such locations and at such times as determined by the board. (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 any examination. (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 this state whose certificate of registration has been on inactive status for at least five consecutive years and who desires to reactivate such registration shall be required to take continuing education, 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 any examination.
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 must at all times be under the supervision of a licensed veterinarian while practicing as a registered veterinary technician in this state. The level of supervision shall be consistent with the delegated animal health care task. The board may establish by rule, in such general or specific terms as it deems necessary and appropriate for purposes of this article, 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.

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(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. Specifically and without limitation, the board may 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 registered technician is employed; (3) Willfully 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 this article. (d) A 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 licensed veterinarian shall have more than two registered veterinary technicians in his employment on duty under his or her supervision at any one time.
43-50-56. A veterinarian who applies for or utilizes a veterinary technician shall be responsible for any violation of any limitations which are placed on the duties of a veterinary technician.
43-50-57. The approval of a veterinarians utilization of a 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. The requirements of this article shall not apply to any veterinary technician employed by federal, state, or local government or any contractual partner thereof, a public or private college or university, or by a zoological park or aquarium accredited by the American Zoo and Aquarium Association or other substantially equivalent nationally recognized accrediting agency as determined by the board in the performance of his or her duties of

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providing care for animals owned by or on loan to such employer.
ARTICLE 4
43-50-60. Any person who gratuitously and in good faith administers 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; provided, however, that this Code section shall not provide immunity for acts of gross negligence."
PART II SECTION 2-1.
Said title is further amended by striking subsection (a) of Code Section 43-50-20 of the Official Code of Georgia Annotated, relating to creation of the State Board of Veterinary Medicine and its members, meetings, and officers, and inserting in lieu thereof the following:
"(a) The There shall be a 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 confirmation by the Senate. The board shall consist of six seven members, each appointed for a term of five years or until his or her successor is appointed. Five members of the board shall be duly licensed veterinarians actually engaged in active practice for at least five years prior to appointment. The sixth member shall be appointed from the public at large and shall in no way be connected with the practice of veterinary medicine. The initial appointment for the sixth member shall expire June 30, 1985; thereafter, successors shall be appointed for a term of five years. The seventh member shall be a 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 in the fifth calendar year after this subsection becomes effective; thereafter, successors shall be appointed for a term of five years. Those members of the Georgia State Board of Veterinary Examiners State Board of Veterinary Medicine serving on July 1, 1965, the effective date of this subsection 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."
SECTION 2-2. Said title is further amended by striking subsection (d) of Code Section 43-50-26, relating to renewal of licenses, and inserting in lieu thereof the following:
"(d)(1) The board shall establish a program programs of continuing professional veterinary medical education and continuing veterinary technology education for the

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renewal of veterinarian veterinary licenses and veterinary technician registrations. Notwithstanding any other provision of this article, beginning with the licenses which are to be renewed in 1990, no license to practice veterinary medicine or veterinary technology shall be renewed by the board or the division director until the licensed veterinarian or registered veterinary technician 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 veterinary medical education required of licensed veterinarians 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 or continuing veterinary technology education shall consist of educational programs providing training pertinent to the practice of veterinary medicine or veterinary technology and approved by the board under this Code section. The board shall may approve educational programs for persons practicing veterinary medicine or veterinary technology 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 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 distance learning courses, 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."
SECTION 2-3. Said title is further amended by adding a new article in Chapter 50, relating to veterinarians and veterinary technicians, to read as follows:
"ARTICLE 5
43-50-70. (a) The board shall work cooperatively with licensed veterinarians to establish standards for veterinary facilities and equipment and shall promulgate rules for same. (b) The board shall have the authority to establish a method to monitor veterinary facilities, conduct investigations and hold proceedings related to alleged violations, and

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take necessary enforcement action against the license of a veterinarian for violations of rules promulgated under subsection (a) of this Code section.
43-50-71. This article shall not apply to any facility owned by the federal, state, or any local government, a public or private college or university, or a zoological park or aquarium that is accredited by the American Zoo and Aquarium Association or other substantially equivalent nationally recognized accrediting agency as determined by the board."
PART III SECTION 3-1.
(a) This part and Part I of this Act shall become effective on July 1, 2003, except that the provisions of subsection (b) of Code Section 43-50-30 as enacted by Part I of this Act shall become effective July 1, 2005. (b) Part II of this Act shall become effective only upon the effective date of an appropriation of funds for purposes of said part of this Act as expressed in a line item making specific reference to full funding of this Act in an appropriations Act enacted by the General Assembly.
SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Purcell of the 122nd et al. move to amend the Committee substitute to HB 347 by striking line 30 of page 4 and inserting in lieu thereof the following:
"means that the licensed veterinarian has recently seen and is personally acquainted with the keeping and care".
By striking lines 28 and 29 of page 7 and inserting in lieu thereof the following:
"veterinary medicine or possesses an ECFVG certificate; provided, however, that a senior veterinary student may, in the".
By striking line 20 of page 17 and inserting in lieu thereof the following:
"by the board from performing his or her nonclinical duties;"
By striking lines 14 and 15 of page 19 and inserting in lieu thereof the following:

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"process of obtaining the ECFVG certificate performing duties or actions under the direct supervision of a licensed".

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 Amerson

Day

Y Hill, C.A

Mobley

Y Sims

Y Anderson

Dean

Y Hill, V

Y Moraitakis

Y Sinkfield

Y Ashe

Y Deloach

N Hines

Y Morris

Y Skipper

Y Bannister

Y Dix

E Holmes

Y Mosby

Y Smith, B

Y Barnard

Y Dodson

Y Houston

Y Mosley

Y Smith, L

Y Barnes

Y Dollar

Y Howard

Y Murphy, J

Y Smith, P

Y Beasley-Teague Y Dooley

Y Howell

Y Murphy, Q

N Smith, T

Y Benfield

Y Douglas

Hudson

Y Noel

Y Smith, V

Y Birdsong

Y Drenner

Y Hugley

Y Oliver, B

Y Smyre

Y Black

Dukes

Y Jackson

Y Oliver, M

Y Snow

Y Boggs

Ehrhart

Y James

Y O'Neal

E Stanley-Turner

Y Bordeaux

E Elrod

Y Jamieson

Y Orrock

Y Stephens, E

Y Borders

Y Epps

Y Jenkins

Y Parham

Y Stephens, R

Bridges

Y Fleming

Y Jones

Y Parrish

Y Stephenson

Y Brock

Y Floyd, H

Y Jordan

E Parsons

Y Stokes

Y Brooks

Floyd, J

Y Joyce

Y Porter

Y Stoner

Y Broome

Y Fludd

Y Keen

Y Powell

Y Teilhet

Y Brown

Y Forster

Y Knox

Y Purcell

Y Teper

Y Bruce

N Franklin

E Lane

Y Ralston

Y Thomas, A

Y Buck

Y Gardner

Y Lewis

Randall

Y Thomas, A.M

Y Buckner, D

Y Golick

Y Lord

Y Ray

Y Thompson

Y Buckner, G

Y Graves, D

Y Lucas

Y Reece, B

Y Twiggs

Y Bunn

Y Graves, T

Lunsford

Y Reece, S

Y Walker, L

Y Burkhalter

Y Greene

Y Maddox

Y Rice

N Walker, R.L

Y Burmeister

Y Greene-Johnson

Mangham

Y Richardson

Y Warren

Y Butler

Y Hanner

E Manning

Y Roberts, J

Y Watson

Y Campbell

Y Harbin

Y Marin

Y Roberts, L

Y Westmoreland

Y Casas

N Harper

E Martin

Y Rogers, C

Y White

Y Chambers

Y Harrell

Massey

Rogers, Ch.

Y Wilkinson

Y Channell

Y Heard, J

Y Maxwell

Y Royal

Y Willard

Y Childers

Y Heard, K

Y McBee

Y Rynders

Y Williams, A

N Coan

Y Heath

Y McCall

Sailor

Y Williams, E

Y Coleman, B

Y Heckstall

Y McClinton

Y Scott

Y Williams, R

Y Cooper

Y Hembree

Y Millar

Y Shaw

Y Wix

Y Crawford

Y Henson

Y Mills

Y Sheldon

Y Yates

Y Cummings

N Hill, C

Mitchell

Y Sholar

Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 150, nays 7.

FRIDAY, FEBRUARY 28, 2003

875

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Representative Hudson of the 95th 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 Butler of the 88th, Post 1 stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
HB 267. By Representatives Cummings of the 19th, Black of the 144th, Williams of the 61st, Post 2 and McBee of the 74th:
A BILL to amend Code Section 47-3-41 of the Official Code of Georgia Annotated, relating to the annuity savings fund of the Teachers Retirement System of Georgia, so as to provide that the board of trustees of such retirement system shall be authorized, under certain conditions, to establish an employee's contribution rate at not less than 3 percent nor more than 6 percent of the member's compensation; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 47-3-41 of the Official Code of Georgia Annotated, relating to the annuity savings fund of the Teachers Retirement System of Georgia, so as to provide that the board of trustees of such retirement system shall be authorized, under certain conditions, to establish an employees contribution rate at not less than 3 percent nor more than 5 percent of the members compensation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-3-41 of the Official Code of Georgia Annotated, relating to the annuity savings fund of the Teachers Retirement System of Georgia, is amended by striking in its entirety paragraph (1) of subsection (a) and inserting in lieu thereof the following:

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"(1) After the commencement date, each employer shall cause to be deducted from the salary of each member for each and every payroll period a percentage of the members earnable compensation as determined by the board of trustees which shall be not less than 5 3 nor more than 6 5 percent; provided, however, that any reduction in such percentage shall be based upon the recommendation of the actuary of the board of trustees, the maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board, and such other factors as the board deems relevant. but no No such deduction shall be made from the compensation of a member after the close of the school, fiscal, or contract year in which the member has attained age 65 and has completed 40 or more years of creditable service. In determining the amount earnable by a member in a payroll period, the employer may consider the annual rate of compensation payable to such member on the first day of the payroll period as continuing throughout such payroll period. The employer may omit the deduction from compensation for any period which is less than a full payroll period, if a teacher was not a member on the first day of the payroll period. In order to facilitate the making of deductions, the employer may modify the deductions required of any member by an amount not to exceed one-tenth of 1 percent of the annual compensation, on the basis of which such deductions are to be made. Each employer shall immediately pay the amount deducted to the board of trustees, in such manner as the board of trustees shall prescribe, which amount shall be credited by the board of trustees to the individual accounts in the annuity savings fund of the member from whose compensation the deductions were made. Beginning July 1, 1987, the employee contributions required under this paragraph shall be paid as provided in Code Section 47-3-41.1"
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the 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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner

Y Hill, C.A Y Hill, V Y Hines E Holmes Y Houston Y Howard Y Howell
Hudson Y Hugley

Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre

Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

FRIDAY, FEBRUARY 28, 2003

Dukes Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Floyd, J Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox E Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham E Manning Y Marin E Martin
Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills
Mitchell

Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

877
Y Snow E Stanley-Turner
Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren
Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Hudson of the 95th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
By unanimous consent, further consideration of HB 173 was postponed until the next legislative day.
HB 157. By Representatives Day of the 126th and Stephens of the 123rd:
A BILL to amend Part 6 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal management, so as to reestablish or continue such provisions until July 1, 2009; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers
Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Floyd, J Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines E Holmes Y Houston
Howard Howell Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox E Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Mangham E Manning Y Marin E Martin Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Mitchell

Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow E Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E
Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Hudson of the 95th 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.

FRIDAY, FEBRUARY 28, 2003

879

The following Bill of the House, having been postponed from the previous legislative day, was taken up for consideration and read the third time:

HB 166. By Representatives Ray of the 108th, Royal of the 140th, Floyd of the 132nd, Purcell of the 122nd, James of the 114th and others:
A BILL to amend Part 2 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to temporary disability compensation for law enforcement officers and firefighters who are injured in the line of duty, so as to provide temporary disability compensation for officially recognized or designated members of legally organized volunteer fire departments who are injured in the line of duty; and for other purposes.

The following substitute, offered by Representatives Jenkins of the 93rd and Ray of the 108th, was read and adopted:

A BILL
To amend Part 2 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to temporary disability compensation for law enforcement officers and firefighters who are injured in the line of duty, so as to provide temporary disability compensation for officially recognized or designated members of legally organized volunteer fire departments who are injured in the line of duty; to redefine certain terms; to change certain provisions relating to payments of compensation to law enforcement officers and firefighters and limitations thereon; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to temporary disability compensation for law enforcement officers and firefighters who are injured in the line of duty, is amended by striking in their entirety paragraphs (2) and (5) of Code Section 45-9-102, relating to definitions applicable under said part, and inserting in lieu thereof the following:
"(2) 'Firefighter' or 'fireman' means any: (A) Any person who is employed as a professional firefighter on a full-time basis by any municipal, county, or state government fire department certified in writing by the Georgia Firefighter Standards and Training Council pursuant to Code Section 25-3-22 employing three or more firefighters and who has the responsibility of

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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; or (B) Any individual serving as an officially recognized or designated member of a legally organized volunteer fire department certified in writing by the Georgia Firefighter Standards and Training Council pursuant to Code Section 25-3-22 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) 'Injured in the line of duty' means an injury which arises out of or in the course of employment in the line of duty; or, with respect to a firefighter of a legally organized volunteer fire department, such term means an injury while on duty or when responding to a fire or emergency with the volunteer fire department during any fire or other emergency or while performing duties intended to protect life and property. Going to or from work shall not be considered in the line of duty; and going to a legally organized volunteer fire department to begin a service of duty or traveling from such a fire department after duties have been completed or traveling from the scene of a fire, emergency, or other location where duties were being performed and have been completed shall not be considered in the line of duty."
SECTION 2. Said part is further amended by striking in their entirety subsections (b) and (c) of Code Section 45-9-103, relating to payments of compensation to law enforcement officers and firefighters and limitations thereon, and inserting in lieu thereof the following:
"(b) Except as otherwise provided in this part, any law enforcement officer or 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 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. For purposes of this subsection, the regular compensation of a firefighter covered under subparagraph (2)(B) of Code Section 45-9-102 shall be deemed to be the Georgia average weekly earnings of production workers in manufacturing industries for the immediately preceding calendar year as published by the Georgia Department of Labor. A law enforcement officer or firefighter shall be required to submit to the commission satisfactory evidence of such disability. A volunteer firefighter shall not be considered disabled once he or she is able to perform the duties of his or her regular employment or equivalent thereof. (c) Benefits made available under this Code section shall be subordinate to any workers compensation benefits, disability and other compensation benefits from the

FRIDAY, FEBRUARY 28, 2003

881

persons employer which the law enforcement officer or 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 firefighters regular compensation; provided, however, that benefits shall never exceed the persons regular compensation minus the maximum weekly workers compensation benefit level for that person whether or not workers compensation is available. For the purposes of this subsection, the regular compensation of a firefighter covered under subparagraph (2)(B) of Code Section 45-9-102 shall be deemed to be the Georgia average weekly earnings of production workers in manufacturing industries for the immediately preceding calendar year as published by the Georgia Department of Labor."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell

Day Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Dukes Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Floyd, J Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin

Y Hill, C.A Y Hill, V Y Hines E Holmes Y Houston Y Howard Y Howell
Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox E Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham E Manning Y Marin

Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Y Ray Y Reece, B
Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow E Stanley-Turner Y Stephens, E
Stephens, R Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland

882
Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

E Martin Massey
Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills
Mitchell

Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott
Shaw Y Sheldon Y Sholar

Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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

Representatives Hudson of the 95th and Reece of the 21st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

HR 324. By Representatives Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Westmoreland of the 86th, Coleman of the 118th, Hill of the 81st and others:
A RESOLUTION designating March 6, 2003, as Atlanta Motor Speedway Day at the state capitol and inviting representatives of Atlanta Motor Speedway to the House of Representatives; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 325. By Representative Noel of the 44th:
A RESOLUTION commending the Children's Museum of Atlanta founded from the visions of Judith C. Kenna, Nancy Gallant, and Dr. June Schneider; and for other purposes.

HR 326. By Representative Anderson of the 100th:

FRIDAY, FEBRUARY 28, 2003

883

A RESOLUTION honoring Mrs. Jeanie Gray on the occasion of her 91st birthday; and for other purposes.

HR 327. By Representatives Sims of the 130th, Westmoreland of the 86th, Smith of the 110th, Burkhalter of the 36th, Lewis of the 12th and others:
A RESOLUTION expressing regret at the passing of Morgan E. "Gene" Soloman; and for other purposes.

HR 328. By Representatives Barnard of the 121st, Post 1 and Oliver of the 121st, Post 2:
A RESOLUTION to commend and recognize Angela Varnadoe; and for other purposes.

HR 329. By Representatives Royal of the 140th, Buck of the 112th, Coleman of the 118th, Jamieson of the 22nd and Skipper of the 116th:
A RESOLUTION commending Robert J. Lenihan; and for other purposes.

HR 330. By Representatives Royal of the 140th, Buck of the 112th, Coleman of the 118th, Jamieson of the 22nd and Skipper of the 116th:
A RESOLUTION commending T. Jerry Jackson; and for other purposes.

HR 331. By Representatives Mobley of the 58th, Bruce of the 45th, Mitchell of the 61st, Post 3, Stephenson of the 60th, Post 1, Greene-Johnson of the 60th, Post 3 and others:
A RESOLUTION commending Honorable Joe Keshi, Consul-General of Nigeria, and recognizing Africa Day at the Capitol; and for other purposes.

HR 332. By Representatives McBee of the 74th, Howard of the 98th and Heard of the 75th:
A RESOLUTION commending Louise Boyce as the Distinguished Senior Georgian for 2003; and for other purposes.

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HR 333. By Representatives Mobley of the 58th, Stephenson of the 60th, Post 1, Greene-Johnson of the 60th, Post 3, Anderson of the 100th and BeasleyTeague of the 48th, Post 2:
A RESOLUTION commending all cosmetologists, nail technicians, estheticians, barbers, and other cosmetology continuing education providers and declaring March 3, 2003, and henceforth annually as "Cosmetology and Barber's Day in Georgia"; and for other purposes.

Representative Skipper of the 116th assumed the chair.

Representative Orrock of the 51st moved that the House do now adjourn until 10:00 o'clock A.M, Monday, March 3, 2003, and the motion prevailed.
Representative Skipper of the 116th announced the House adjourned until 10:00 o'clock A.M., Monday, March 3, 2003.

MONDAY, MARCH 3, 2003

885

Representative Hall, Atlanta, Georgia Monday, March 3, 2003

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 Beasley-Teague Birdsong Black Boggs Bridges Brock Brooks Broome Brown Bruce Buck Buckner, D Buckner, G Bunn Burkhalter Burmeister Campbell Casas Chambers Channell Childers Coan Coleman, B Cooper Crawford

Cummings Day Deloach Dodson Dooley Douglas Drenner Ehrhart Elrod Epps Fleming Fludd Forster Franklin Gardner E Golick Graves, D Graves, T Greene Hanner Harbin Harper Harrell Heard, J Heard, K Heath Hembree Hill, C Hill, C.A

Hill, V Hines E Holmes Houston Howard Howell Hudson Hugley James Jamieson Jones Jordan E Joyce Keen Knox E Lane Lewis Lord Lucas Mangham E Manning Marin Martin Massey Maxwell McBee McCall Millar Mills

Mitchell Moraitakis Murphy, J Murphy, Q Noel Oliver, B Oliver, M O'Neal Orrock Parsons Porter Powell Purcell Ralston Randall Ray Reece, B Reece, S Rice Richardson Roberts, J E Rogers, C Rogers, Ch. Royal Rynders Scott Shaw Sholar Sinkfield

Skipper Smith, B Smith, L Smith, P Smith, V Snow E Stanley-Turner Stephens, E Stephens, R Stephenson Stokes Stoner Teilhet Teper Thomas, A Thompson Twiggs Walker, L Warren Watson Westmoreland White Wilkinson Willard Williams, A Williams, E Williams, R Wix Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Anderson of the 100th, Barnes of the 84th, Post 2, Bordeaux of the 125th, Borders of the 142nd, Butler of the 88th, Post 1, Dean of the 49th, Dollar of the 31st, Dukes of the 136th, Floyd of the 69th, Post 2, Greene-Johnson of the 60th, Post 3, Heckstall of the 48th, Post 3, Henson of the 55th, Jenkins of the 93rd, Lunsford of the 85th, Post 2, Maddox of the 59th, Post 2, McClinton of the 59th, Post 1, Mobley of the 58th, Morris of the 120th, Mosby of the 59th, Post 3, Parham of the 94th, Parrish of the 102nd, Roberts of the 135th, Sailor of the 61st, Post 1, Sims of the 130th, Smith of the

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129th, Post 2, Smyre of the 111th, Thomas of the 43rd, Post 1, Walker of the 71st, Post 1, and Yates of the 85th, Post 1.
They wish to be recorded as present.

Prayer was offered by Bishop Jim Earl Swilley, Senior Pastor, Church in the Now, Conyers, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 636. By Representatives Powell of the 23rd, Buck of the 112th, Parham of the 94th and Channell of the 77th:

MONDAY, MARCH 3, 2003

887

A BILL to amend Code Section 32-6-27 of the Official Code of Georgia Annotated, relating to enforcement of load limitations, so as to provide for the administrative determination of overweight assessments; to provide for penalties for violations; to provide for the perfection of liens upon vehicles subject to unpaid overweight assessments; to provide for the suspension of the registration of vehicles subject to unpaid overweight assessments; to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for excess weight and dimensions; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 637. By Representatives Williams of the 128th and Keen of the 146th:
A BILL to amend an Act creating a new charter for the City of Darien, so as to change the provisions regarding the election of the mayor and councilmembers; to provide for definitions; to provide for council districts and posts; and for other purposes.

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

HB 638. By Representatives Channell of the 77th, Shaw of the 143rd, Parrish of the 102nd, Purcell of the 122nd, Greene of the 134th and others:
A BILL to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and benefits plans, so as to include employees of public or nonprofit critical access hospitals in certain state benefits plans; and for other purposes.

Referred to the Committee on Appropriations.

HB 639. By Representatives Randall of the 107th, Walker of the 115th, Stokes of the 72nd and Powell of the 23rd:
A BILL to amend Code Section 21-2-138 of the Official Code of Georgia Annotated, relating to nonpartisan elections for judicial offices, so as to provide that the offices of chief magistrate and magistrate shall be elected on a nonpartisan basis; to amend Code Section 15-10-20 of the Official Code of

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Georgia Annotated, relating to magistrates and chief magistrates, so as to provide that the office of chief magistrate and magistrate shall be elected on a nonpartisan basis; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 640. By Representatives Royal of the 140th and Houston of the 139th:
A BILL 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 the composition of certain state representative districts; and for other purposes.

Referred to the Committee on Legislative and Congressional Reapportionment.

HB 641. By Representative Powell of the 23rd:
A BILL to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to provide for additional qualifications with respect to ownership; and for other purposes.

Referred to the Committee on Ways & Means.

HB 642. By Representatives Westmoreland of the 86th, Burkhalter of the 36th, Franklin of the 17th, Chambers of the 53rd and Harbin of the 80th:
A BILL to amend Chapter 1 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections, so as to provide for the composition and number of congressional districts; to provide for election of members of Congress; to provide when such members shall take office; to provide for continuation of present congressional districts until a certain time; and for other purposes.

Referred to the Committee on Legislative and Congressional Reapportionment.

MONDAY, MARCH 3, 2003

889

HB 643. By Representatives Westmoreland of the 86th, Burkhalter of the 36th, Franklin of the 17th, Chambers of the 53rd and Harbin of the 80th:
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 house districts; to providfe for the number of Representatives; to provide for certain qualifications; to provide for the election of Representatives; and for other purposes.

Referred to the Committee on Legislative and Congressional Reapportionment.

HB 644. By Representatives Sims of the 130th, Black of the 144th and James of the 114th:
A BILL to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for the regulation of certain poultry production contracts; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

HB 645. By Representatives Benfield of the 56th, Post 1, Ehrhart of the 28th, Graves of the 106th, Chambers of the 53rd, Moraitakis of the 42nd, Post 4 and others:
A BILL to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to redefine the term "malt beverage"; and for other purposes.

Referred to the Committee on Regulated Industries.

HB 646. By Representatives Stoner of the 34th, Post 1, Ehrhart of the 28th, Teilhet of the 34th, Post 2, Wix of the 33rd, Post 1, Dooley of the 33rd, Post 3 and others:
A BILL to amend an Act creating a board of commissioners of roads and revenues for Cobb County, so as to repeal certain provisions relating to the

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requirement of a referendum to approve the expenditure of funds in excess of $25,000.00 in a contract with a transit authority; and for other purposes.

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

HR 322. By Representatives Hill of the 16th, Rogers of the 15th, Knox of the 14th, Post 1, Murphy of the 14th, Post 2, Graves of the 10th and others:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for dedication of revenue derived from fees for a special United States flag license plate to a nonlapsing education trust fund from which grants, scholarships, loans, or other assistance for postsecondary educational purposes may be disbursed to assist children or spouses of Georgia residents who were killed in or died of wounds received in combat on or after January 1, 2003, as a member of a regular or reserve component of the armed forces of the United States, including without limitation the Georgia National Guard; and for other purposes.

Referred to the Committee on Appropriations.

HR 323. By Representative Powell of the 23rd:
A RESOLUTION proposing an amendment to the Constitution so as to authorize special methods of ad valorem taxation of antique, hobby, or special interest aircraft; and for other purposes.

Referred to the Committee on Ways & Means.

HR 334. By Representatives Sheldon of the 71st, Post 2, Lord of the 103rd, Keen of the 146th, Coan of the 67th, Post 1, Orrock of the 51st and others:
A RESOLUTION creating the House Study Committee on Long-term Care Insurance; and for other purposes.

Referred to the Committee on Rules.

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891

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

HB 610 HB 611 HB 612 HB 613 HB 614 HB 615 HB 616 HB 617 HB 618 HB 619 HB 620 HB 621 HB 622 HB 623 HB 624

HB 625 HB 626 HB 627 HB 628 HB 629 HB 630 HB 631 HB 632 HB 633 HB 634 HB 635 HR 271 HR 319 SB 84 SB 109

Pursuant to Rule 52, Representative Childers of the 13th, Post 1 moved that the following Bill of the House be engrossed:

HB 626. By Representatives Childers of the 13th, Post 1, Smith of the 13th, Post 2, Reece of the 11th, Birdsong of the 104th and Royal of the 140th:
A BILL to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles so as to provide for an exemption from such taxation with respect to certain motor vehicles owned or leased by veterans organizations; and for other purposes.

The motion prevailed.

Representative Snow of the 1st District, Chairman of the Committee on Public Safety, submitted the following report:
Mr. Speaker:

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Your Committee on Public Safety has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 182 Do Pass, by Substitute

Respectfully submitted, /s/ Snow of the 1st
Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 587 Do Pass HB 588 Do Pass HB 589 Do Pass

HB 600 Do Pass HB 602 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

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

HOUSE RULES CALENDAR MONDAY, MARCH 3, 2003

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 23rd Legislative Day as enumerated below:

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893

HB 314 HB 327
HB 456
SB 53

Greenspace Trust Fund; interest; provisions for expenditure Conditioned air equipment and plumbing; redefine; include certain natural gas piping systems Distance learning and telemedicine; use of funds in Universal Service Fund; enterprise information technology needs Ga Fair Lending Act; amend provisions

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

Respectfully submitted, /s/ Smyre of the 111th
Chairman

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 587. By Representatives Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:
A BILL to provide that future elections for the office of probate judge of Wayne County and for the office of chief magistrate of Wayne County shall be nonpartisan elections held at the time of certain November general elections; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 588. By Representative Buckner of the 109th:
A BILL to amend an Act establishing a Board of Commissioners of Talbot County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 589. By Representatives Buckner of the 109th and Smith of the 110th:
A BILL to amend an act reconstituting the Board of Education of Talbot County, so as to revise the districts for the election of members of the board of education; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 600. By Representative Houston of the 139th:
A BILL to amend an Act relating to the Magistrate Court of Berrien County, so as to provide for the position of magistrate; to provide for the selection and service of the magistrate; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 602. By Representatives Golick of the 34th, Post 3, Teilhet of the 34th, Post 2, Richardson of the 26th, Ehrhart of the 28th, Stoner of the 34th, Post 1 and others:
A BILL to amend an Act making provisions for the Magistrate Court of

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895

Cobb County, so as to provide for the compensation of the chief magistrate of said court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

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

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 23. By Senators Cheeks of the 23rd, Seabaugh of the 28th, Shafer of the 48th and Starr of the 44th:
A BILL to be entitled an Act to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to informed consent to medical treatment, so as to require and provide standards for informed consent to abortion procedures; to enact the "Womans Right To Know Act"; to provide for matters required to be disclosed and for the manner of disclosure; to require a waiting period following disclosure; to prohibit acceptance of payment during the waiting period; to direct the Department of Human Resources to publish and distribute certain informational materials; to require transmittal of such materials; to require certification of informed consent; to provide for standards of professional conduct; to provide for intent and construction with other statutes; to provide for related matters; to make conforming amendments to existing law; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:

SB 23.

By Senators Cheeks of the 23rd, Seabaugh of the 28th, Shafer of the 48th and Starr of the 44th:

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A BILL to be entitled an Act to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to informed consent to medical treatment, so as to require and provide standards for informed consent to abortion procedures; to enact the "Womans Right To Know Act"; to provide for matters required to be disclosed and for the manner of disclosure; to require a waiting period following disclosure; to prohibit acceptance of payment during the waiting period; to direct the Department of Human Resources to publish and distribute certain informational materials; to require transmittal of such materials; to require certification of informed consent; to provide for standards of professional conduct; to provide for intent and construction with other statutes; to provide for related matters; to make conforming amendments to existing law; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

Representative Hines of the 35th arose to a point of personal privilege and addressed the House.

Representative Rynders of the 137th arose to a point of personal privilege and addressed the House.

Representative Forster of the 3rd, Post 1 arose to a point of personal privilege and addressed the House.

Representative Keen of the 146th arose to a point of personal privilege and addressed the House.

Representative Westmoreland of the 86th arose to a point of personal privilege and addressed the House.

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

Representative Ehrhart of the 28th arose to a point of personal privilege and addressed

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897

the House.

Representative Dean of the 49th arose to a point of personal privilege and addressed the House.

Representative Sinkfield of the 50th arose to a point of personal privilege and addressed the House.

Representative Brown of the 89th arose to a point of personal privilege and addressed the House.

By unanimous consent, HB 173, having been previously postponed, was again postponed until the next legislative day.

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

HB 314. By Representatives Mosley of the 129th, Post 1, Buck of the 112th, Channell of the 77th, Brooks of the 47th and Smith of the 129th, Post 2:
A BILL to amend Code Section 36-22-4 of the Official Code of Georgia Annotated, relating to the establishment of the Georgia Greenspace Trust Fund, the segregation of funds, and matching funds, so as to provide for the expenditure of interest on the corpus of such fund; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 22 of Title 36 of the Official Code of Georgia Annotated, relating to community greenspace preservation, so as to provide for the expenditure of interest on the corpus of such fund; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 22 of Title 36 of the Official Code of Georgia Annotated, relating to community greenspace preservation, is amended by striking in its entirety Code Section 36-22-4, relating to the establishment of the Georgia Greenspace Trust Fund, the segregation of funds, and matching funds, and inserting in lieu thereof the following:
"36-22-4. (a) There is established the Georgia Greenspace Trust Fund to consist of any moneys appropriated to such fund, voluntary contributions to such fund, any federal moneys deposited in such fund, and other moneys acquired for the use of such fund by any fund raising or other promotional techniques deemed appropriate by the Department of Natural Resources, and all interest thereon. All balances in the fund shall be deposited in an interest-bearing account and shall be carried forward each year so that no part thereof may be deposited in the general treasury except as otherwise provided in subsection (f) of this Code section. The Department of Natural Resources shall administer the fund, shall expend moneys held in the fund in furtherance of the purposes of and pursuant to the provisions of this chapter, and shall prepare, by February 1 of each year, an accounting of the funds received and expended from the fund. The report shall be made available to the commission, to the members of the General Assembly, and to members of the public on request. (b) Within the Georgia Greenspace Trust Fund, moneys obtained by appropriation by the General Assembly, and interest thereon, shall be segregated from all other moneys. Such appropriated funds shall be made available in each fiscal year for grants to counties having an approved greenspace program as follows:
(1) The total amount of such funds shall be divided into grant amounts derived by: (A) Determining the amount of state funds obtained in the immediately prior fiscal year by the application of the state property tax levy on residential property in each county eligible to submit a greenspace program under Code Section 36-22-10; (B) Dividing that number by the amount of state funds obtained in the immediately prior fiscal year by the application of the state property tax levy on residential property in all counties eligible to submit a greenspace program under Code Section 36-22-10, such that a percentage of the aggregate number is obtained applicable to each such county; and (C) Applying the applicable percentage for each eligible county to the sum of appropriated moneys, such that a discrete amount is identified for each eligible county;
(2) Upon approval of a greenspace program in an eligible county pursuant to the terms and conditions of this chapter, there shall be disbursed from the appropriated funds a grant in the amount resulting from the calculation in paragraph (1) of this subsection, to be deposited into the countys Community Greenspace Trust Fund; (3) For any county which is entitled to receive appropriated funds in excess of $500,000.00 pursuant to paragraph (1) of this subsection and upon the approval of the

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899

commission as provided in this chapter, the Department of Natural Resources shall make disbursements as follows:
(A) One or more grants totaling 90 percent of the amount the county is authorized to receive shall be allocated to the Community Greenspace Trust Funds created by the county and each municipality located in whole or in part within the county as provided in paragraph (3) of Code Section 36-22-6; and (B) Ten percent of the amount the county is authorized to receive shall be allocated to the participating municipalities located within the county as one or more matching grants for greenspace acquisition. The Board of Natural Resources shall promulgate rules necessary to implement such matching grant program in such a manner as to encourage municipalities to generate local funds for such purposes as greenspace planning, acquisition, and management. Any such matching funds not disbursed by the date determined pursuant to paragraph (4) of this subsection shall be disbursed to the countys Community Greenspace Trust Fund; and (4) Prior to the conclusion of each fiscal year, at a time to be determined by regulation of the Department of Natural Resources, any appropriated funds not previously disbursed pursuant to this subsection shall be divided among the counties having an approved greenspace program in proportion to the ratio of each countys grant under paragraph (2) of this subsection to the total amount of grants in the fiscal year under said paragraph (2) and granted to such counties in such amounts for deposit into the counties Community Greenspace Trust Funds. The regulations implementing this paragraph shall provide for a date certain, as close as reasonably practicable to the end of the states fiscal year, on and after which no further approval of greenspace programs applicable to that fiscal year will be granted. Any program approval on or after such date shall be deemed applicable to any funds appropriated for the next fiscal year. (c) Any municipality electing to cooperate in a countys greenspace program pursuant to the provisions of Code Section 36-22-6 shall establish a Community Greenspace Trust Fund subject to the same terms and conditions applicable to a countys Community Greenspace Trust Fund. (d) Moneys deposited into a Community Greenspace Trust Fund by grant from the Georgia Greenspace Trust Fund and any matching funds deposited into such a fund pursuant to subsection (e) of this Code section, together with interest thereon, shall be expended solely to defray the costs of acquisition of greenspace as defined in this chapter, or of conservation, scenic, and other easements which contribute to the goals set out for greenspace in Code Section 36-22-2. (e) The Department of Natural Resources is authorized to match, from funds appropriated to or otherwise available to the department, all or any part of an expenditure of moneys from a city or countys Community Greenspace Trust Fund which expenditure is made for the purpose of acquiring property adjacent to or within the watershed of the Chattahoochee River, the Flint River, the Altamaha River, or any other river which the department designates by regulation as eligible for a match pursuant to this subsection. The department may, by agreement with such city or

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county, accept and administer property acquired by a city or county pursuant to this chapter as a unit of the state parks system, or may make such other agreements for the ownership and operation of the property as are outlined by Code Sections 12-3-32 and 27-1-6. (f) Any other provision of this Code section to the contrary notwithstanding, any interest earned by the Georgia Greenspace Trust Fund shall not be a part of the fund but shall be paid to the general fund of the state treasury quarterly and shall be available for appropriation for any purpose."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

N Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield
Birdsong Y Black Y Boggs N Bordeaux Y Borders Y Bridges N Brock Y Brooks
Broome Y Brown Y Bruce Y Buck Y Buckner, D
Buckner, G N Bunn N Burkhalter Y Burmeister N Butler

Y Day Y Dean Y Deloach Y Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner E Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner

Y Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley E Jackson Y James Y Jamieson Y Jenkins N Jones Y Jordan E Joyce Y Keen N Knox Y Lane N Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning

Y Mobley N Moraitakis Y Morris
Mosby E Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B N Reece, S N Rice Y Richardson Y Roberts, J

Sims Y Sinkfield Y Skipper N Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow E Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson N Stokes Y Stoner Y Teilhet N Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson

Y Campbell Y Casas N Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

MONDAY, MARCH 3, 2003

Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K N Heath
Heckstall Y Hembree
Henson Y Hill, C

Y Marin N Martin N Massey N Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Roberts, L E Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor N Scott Y Shaw Y Sheldon Y Sholar

901
Y Westmoreland Y White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 133, nays 31.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Maddox of the 59th, Post 2 stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representatives Birdsong of the 104th and Henson of the 55th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 327. By Representatives Powell of the 23rd, Ehrhart of the 28th and Boggs of the 145th:
A BILL to amend Code Section 43-14-2 of the Official Code of Georgia Annotated, relating to definitions, so as to provide that the term "conditioned air equipment" and the term "plumbing" include natural gas piping systems on the outlet side of the gas meter; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide that the term "conditioned air equipment" and the term "plumbing" include natural gas piping systems on the outlet side of the gas meter; to

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provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by striking paragraphs (5) and (12) of Code Section 43-14-2, relating to definitions, and inserting in lieu thereof new paragraphs (5) and (12) to read as follows:
"(5) 'Conditioned air equipment' means heating and air-conditioning equipment covered under state codes and the natural gas piping system on the outlet side of the gas meter." "(12) 'Plumbing' means the practice of installing, maintaining, altering, or repairing piping fixtures, appliances, and appurtenances in connection with sanitary drainage or storm drainage facilities, venting systems, medical gas piping systems, natural gas piping systems on the outlet side of gas meters, or public or private water supply systems within or adjacent to any building, structure, or conveyance; provided, however, that after July 1, 1997, only master plumbers and journeyman plumbers who have been certified by the Division of Master Plumbers and Journeyman Plumbers to perform such tasks shall be authorized to install, maintain, alter, or repair medical gas piping systems. The term 'plumbing' also includes the practice of and materials used in installing, maintaining, extending, or altering the natural gas, storm-water, or sewerage, and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal. Notwithstanding any other provision of this chapter, any person who holds a valid master plumbing license or any company which holds a valid utility contractor license shall be qualified to construct, alter, or repair any plumbing system which extends from the property line up to but not within five feet of any building, structure, or conveyance, regardless of the cost or depth of any such plumbing system."
SECTION 2. Said chapter is further amended by adding a new subsection (p) to Code Section 43-1413, relating to the applicability of the chapter, to read as follows:
"This chapter shall not apply to any employee of a regulated gas utility or municipal owned gas utility while in the course and scope of such employment."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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903

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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks
Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Gardner E Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath
Heckstall Y Hembree
Henson N Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley E Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan E Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris
Mosby E Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L E Rogers, C N Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow E Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson
Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 161, nays 4. The Bill, having received the requisite constitutional majority, was passed, by

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Representative Birdsong of the 104th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 456. By Representatives Buck of the 112th, Channell of the 77th, Parrish of the 102nd and Brooks of the 47th:
A BILL to amend Part 3 of Article 5 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, "the Georgia Distance Learning and Telemedicine Act of 1992," so as to change provisions relating to the use of funds available in the Universal Service Fund; to provide that for a certain period of time such funds may be used for any lawful purpose that promotes or supports enterprise information technology needs; and for other purposes.

The report of the Committee, which was favorable to the 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 Amerson Y Anderson
Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks E Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Gardner E Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley E Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan E Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham

Y Mobley Y Moraitakis Y Morris
Mosby E Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow E Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren

Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

MONDAY, MARCH 3, 2003

Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath
Heckstall Y Hembree
Henson Y Hill, C

Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Roberts, J Y Roberts, L E Rogers, C
Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

905
Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 163, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representative Birdsong of the 104th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Smyre of the 111th moved that further consideration of SB 53 be postponed until the next legislative day.

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

N Amerson Y Anderson Y Ashe Y Bannister N Barnard Y Barnes
Beasley-Teague Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks E Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn

N Day Y Dean N Deloach Y Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart N Elrod Y Epps N Fleming Y Floyd, H
Floyd, J Y Fludd N Forster N Franklin Y Gardner E Golick N Graves, D N Graves, T

N Hill, C.A Y Hill, V N Hines Y Holmes N Houston Y Howard Y Howell Y Hudson Y Hugley E Jackson Y James N Jamieson Y Jenkins N Jones Y Jordan E Joyce N Keen N Knox
Lane N Lewis Y Lord Y Lucas
Lunsford

Y Mobley Y Moraitakis Y Morris
Mosby E Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell N Ralston Y Randall Y Ray Y Reece, B N Reece, S

Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snow E Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs N Walker, L

906
N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper N Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Greene Y Greene-Johnson Y Hanner N Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath
Heckstall N Hembree
Henson N Hill, C

Y Maddox Y Mangham N Manning Y Marin N Martin N Massey N Maxwell Y McBee N McCall Y McClinton N Millar N Mills Y Mitchell

N Rice N Richardson N Roberts, J Y Roberts, L E Rogers, C N Rogers, Ch. Y Royal N Rynders Y Sailor N Scott Y Shaw N Sheldon Y Sholar

On the motion, the ayes were 92, nays 72. The motion prevailed.

N Walker, R.L Y Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

Representative Birdsong of the 104th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Resolutions of the House were read and adopted:

HR 335. By Representatives Day of the 126th, Stephens of the 123rd, Stephens of the 124th, Post 2, Jackson of the 124th, Post 1 and Bordeaux of the 125th:
A RESOLUTION congratulating Greg Eng of Supergoose Sports; and for other purposes.

HR 336. By Representatives Day of the 126th, Stephens of the 123rd, Stephens of the 124th, Post 2, Jackson of the 124th, Post 1 and Bordeaux of the 125th:
A RESOLUTION congratulating TRC Staffing/The Paul Henry Group; and for other purposes.

HR 337. By Representatives Day of the 126th, Snow of the 1st, Forster of the 3rd, Post 1, Hill of the 81st, Westmoreland of the 86th and others:
A RESOLUTION commending police chiefs and other heads of law

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907

enforcement agencies in this state and observing a day of recognition; and for other purposes.

HR 338. By Representatives Day of the 126th, Stephens of the 123rd, Stephens of the 124th, Post 2, Jackson of the 124th, Post 1 and Bordeaux of the 125th:
A RESOLUTION congratulating Jerry Rogers of WRHQ 105.3; and for other purposes.

HR 339. By Representatives Day of the 126th, Stephens of the 123rd, Stephens of the 124th, Post 2, Jackson of the 124th, Post 1 and Bordeaux of the 125th:
A RESOLUTION congratulating Linda Flock of Sun Trust Bank; and for other purposes.

HR 340. By Representatives Day of the 126th, Stephens of the 123rd, Stephens of the 124th, Post 2, Jackson of the 124th, Post 1 and Bordeaux of the 125th:
A RESOLUTION congratulating Fairmont Restaurant; and for other purposes.

HR 341. By Representatives Day of the 126th, Stephens of the 123rd, Stephens of the 124th, Post 2, Jackson of the 124th, Post 1 and Bordeaux of the 125th:
A RESOLUTION congratulating Blue Water Technology Group; and for other purposes.

HR 342. By Representatives Day of the 126th, Stephens of the 123rd, Stephens of the 124th, Post 2, Jackson of the 124th, Post 1 and Bordeaux of the 125th:
A RESOLUTION congratulating Bahama Joe's; and for other purposes.

HR 343. By Representatives Day of the 126th, Stephens of the 123rd, Stephens of the 124th, Post 2, Jackson of the 124th, Post 1 and Bordeaux of the 125th:
A RESOLUTION congratulating Systems Connect, Inc.; and for other purposes.

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HR 344. By Representatives Day of the 126th, Stephens of the 123rd, Stephens of the 124th, Post 2, Jackson of the 124th, Post 1 and Bordeaux of the 125th:
A RESOLUTION congratulating Connie Edwards; and for other purposes.

HR 345. By Representatives Day of the 126th, Stephens of the 123rd, Stephens of the 124th, Post 2, Jackson of the 124th, Post 1 and Bordeaux of the 125th:
A RESOLUTION congratulating Advantage Marketing; and for other purposes.

HR 346. By Representative Casas of the 68th:
A RESOLUTION commending the Berkmar High School Academic Decathlon Team; and for other purposes.

HR 347. By Representative Stephens of the 123rd:
A RESOLUTION declaring 2d Lt. Britt Cumming Day in the State of Georgia; and for other purposes.

HR 348. By Representative Amerson of the 9th:
A RESOLUTION honoring the life of James Clynton "Dinky" Fitts, Sr., and expressing regret at his passing; and for other purposes.

Representative Ray of the 108th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 293 Do Pass

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909

Respectfully submitted, /s/ Ray of the 108th
Chairman

Representative Smith of the 13th District, Post 2, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 117 Do Pass HB 289 Do Pass

Respectfully submitted, /s/ Smith of the 13th, Post 2
Chairman

Representative Bordeaux of the 125th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 32 Do Pass HB 322 Do Pass, by Substitute HB 463 Do Pass

Respectfully submitted, /s/ Bordeaux of the 125th
Chairman

Representative Smyre of the 111th District, Chairman of the Committee on Rules,

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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 324 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 147 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

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

HR 352. By Representatives Cummings of the 19th, Howard of the 98th, Porter of the 119th, Skipper of the 116th, Orrock of the 51st and others:
A RESOLUTION commending the members of the Silver-Haired Legislature and inviting representatives to appear before the House of Representatives; and for other purposes.

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911

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

HR 324. By Representatives Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Westmoreland of the 86th, Coleman of the 118th, Hill of the 81st and others:
A RESOLUTION designating March 6, 2003, as Atlanta Motor Speedway Day at the state capitol and inviting representatives of Atlanta Motor Speedway to the House of Representatives; and for other purposes.

The Speaker announced the House in recess until 5:00 P.M., at which time the House will stand adjourned until 10:00 o'clock A.M. the next legislative day.

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Representative Hall, Atlanta, Georgia Tuesday, March 4, 2003

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

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

Amerson Anderson Ashe Bannister Barnard Barnes Benfield Birdsong Black Boggs Borders Bridges Brock Brooks E Broome Brown Buck Buckner, D Bunn Burkhalter Burmeister Butler Campbell Casas Chambers Childers Coan Coleman, B Cooper

Crawford Cummings Day Dodson Dooley Douglas Drenner Ehrhart Elrod Epps Fleming Floyd, J Fludd Forster Franklin Gardner E Golick Graves, D Graves, T Greene Greene-Johnson Harbin Harper Harrell Heard, J Heath Hembree Henson Hill, C

E Hill, C.A Hill, V Hines Houston Howard Howell Hugley
E Jackson James Jamieson Jones Jordan
E Joyce Keen Knox Lane Lewis Lord Manning Marin Massey Maxwell McBee
E McClinton Millar Mills Mitchell Moraitakis Mosby

E Mosley Murphy, J Murphy, Q Noel Oliver, B Oliver, M O'Neal Orrock Parsons Porter Powell Purcell Ralston Randall Ray Reece, B Reece, S Rice Richardson Roberts, J
E Rogers, C Rogers, Ch. Royal Rynders Sailor Scott Shaw Sheldon Sholar

Sinkfield Skipper Smith, B Smith, L Smith, P Smith, T Smith, V Snow Stanley-Turner Stephens, E Stephens, R Stokes Stoner Teilhet Teper Thomas, A Thompson Twiggs Warren Watson Westmoreland White Wilkinson Willard Williams, A Williams, E Williams, R Wix Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Beasley-Teague of the 48th, Post 2, Bordeaux of the 125th, Bruce of the 45th, Buckner of the 82nd, Dean of the 49th, DeLoach of the 127th, Dix of the 70th, Post 2, Dollar of the 31st, Dukes of the 136th, Floyd of the 69th, Post 2, Hanner of the 133rd, Heard of the 75th, Heckstall of the 48th, Post 3, Holmes of the 48th, Post 1, Jenkins of the 93rd, Lucas of the 105th, Lunsford of the 85th, Post 2, Maddox of the 59th, Post 2, Martin of the 37th, McCall of the 78th, Parham of the 94th, Parrish of the 102nd, Roberts of the 135th, Sims of the 130th, Smyre of the 111th, Thomas of the 43rd, Post 1,

TUESDAY, MARCH 4, 2003

913

Walker of the 71st, Post 1, Walker of the 115th, and Yates of the 85th, Post 1. They wish to be recorded as present.

Prayer was offered by the Reverend Otis Moss, III, Pastor, Tabernacle Baptist Church, Augusta, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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

HB 647. By Representatives Smith of the 13th, Post 2 and Watson of the 60th, Post 2:

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A BILL to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85 of the Official Code of Georgia Annotated, of additional funds which are otherwise available to the Department of Labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the Social Security Act, as amended, for the purpose of providing for the payment of expenses of administration of Chapter 8 of Title 34 of the Official Code of Georgia Annotated; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 648. By Representatives Ray of the 108th, Purcell of the 122nd, James of the 114th, Black of the 144th, Jenkins of the 93rd and others:
A BILL to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for the regulation of certain poultry production contracts and practices related thereto; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

HB 649. By Representatives Buck of the 112th, Hugley of the 113th, Buckner of the 109th, Smith of the 110th and Smyre of the 111th:
A BILL to amend an Act providing that the governing authority of the county-wide government of Columbus, shall be authorized to provide for salary supplements for certain officers, officials, and employees of the county-wide government, so as to authorize such supplements for the judge of the probate court; and for other purposes.

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

HB 650. By Representative Hanner of the 133rd: A BILL to amend an Act entitled "An Act providing a new charter for the

TUESDAY, MARCH 4, 2003

915

City of Smithville," so as to provide for four-year staggered terms for the mayor and city councilmembers; and for other purposes.

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

HB 651. By Representatives Benfield of the 56th, Post 1, Mangham of the 62nd, Hill of the 81st and Bridges of the 7th:
A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to create the new offense of refusal to submit to chemical testing; to change certain provisions relating to chemical tests, implied consent notices, rights of motorists, test results, refusal to submit, suspension or denial, hearing and review, compensation of officers, and inspection and certification of breath-testing instruments; to change certain provisions relating to driving under the influence of alcohol, drugs, or other intoxicating substances; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 652. By Representatives Cummings of the 19th and Heath of the 18th:
A BILL to amend an Act providing for a new board of education of Polk County, so as to provide for the election of members of the board of education by the voters of the entire county; and for other purposes.

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

HB 653. By Representatives Rogers of the 15th, Smith of the 13th, Post 2, Buckner of the 82nd, Rynders of the 137th, O`Neal of the 117th and others:
A BILL to amend Code Section 16-12-171 of the Official Code of Georgia Annotated, relating to prohibited acts related to sale or distribution to or purchase by minors of cigarettes and tobacco related objects, so as to prohibit possession of cigarettes of tobacco related objects by minors; and for other purposes.

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Referred to the Committee on Special Judiciary.

HB 654. By Representative Crawford of the 91st:
A BILL to amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to provide for personal service of the notice of foreclosure of the right to redeem property on certain persons; to provide for an affidavit stating the name, address, and method of service for each person served with a notice of foreclosure of the right to redeem property; and for other purposes.

Referred to the Committee on Ways & Means.

HB 655. By Representative Manning of the 32nd:
A BILL to amend Part 3 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction and venue of juvenile court proceedings, so as to provide juvenile court jurisdiction to order temporary child support for a deprived child; to provide for matters related to payment of child support and custody; and for other purposes.

Referred to the Committee on Judiciary.

HB 656. By Representatives Chambers of the 53rd, Ehrhart of the 28th, Oliver of the 56th, Post 2, Jamieson of the 22nd, Moraitakis of the 42nd, Post 4 and others:
A BILL to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to require that consumer reporting agencies notify consumers when a person other than a person with whom the consumer already has a business relationship makes an inquiry concerning the consumer's file with such agency; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 657. By Representatives Yates of the 85th, Post 1, Lunsford of the 85th, Post 2 and Howell of the 92nd:

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917

A BILL to amend an Act to provide a board of elections for Spalding County, so as to change the board of elections to a board of elections and registration; and for other purposes.

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

HB 658. By Representatives Burkhalter of the 36th, Jones of the 38th, Campbell of the 39th, Willard of the 40th and Martin of the 37th:
A BILL to provide a procedure for the establishment of a new county from portions of one or more existing counties; to provide standards for any proposed county; to provide for initiation of proceedings by petition; to provide for the circulation, signing, and verification of petitions; to provide for the creation of a County Formation Review Commission; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 659. By Representatives Ehrhart of the 28th, Richardson of the 26th, Manning of the 32nd, Franklin of the 17th, Cooper of the 30th and others:
A BILL to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, so as to change the compensation of certain employees of such office; and for other purposes.

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

HB 660. By Representatives Brown of the 89th, Epps of the 90th and Smith of the 110th:
A BILL to amend an Act providing a board of education of Troup County, so as to correct a technical error and omissions in said 2002 amendatory Act; to provide that all members of the board who are elected thereto shall be nominated and elected in accordance with the Georgia Election Code in nonpartisan primaries and elections; and for other purposes.

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

HB 661. By Representatives Millar of the 52nd, Drenner of the 57th, Watson of the 60th, Post 2, McClinton of the 59th, Post 1, Mobley of the 58th and others:
A BILL to provide for a homestead exemption from certain DeKalb County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.

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

HB 662. By Representatives Millar of the 52nd, Drenner of the 57th, Watson of the 60th, Post 2, McClinton of the 59th, Post 1, Mobley of the 58th and others:
A BILL to provide for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.

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

HB 663. By Representative Massey of the 24th:
A BILL to provide a new charter for the Town of Braselton; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.
HB 664. By Representative Bordeaux of the 125th:
A BILL to amend Article 2 of Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the construction and operation of electric power plants, so as to remove the power of eminent domain from persons operating, constructing, or preparing to construct electric power plants; and for other purposes.

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919

Referred to the Committee on Judiciary.

HB 665. By Representatives Black of the 144th, Shaw of the 143rd and Borders of the 142nd:
A BILL to amend an Act providing for the number of members and for the election of members of the Board of Education of Lowndes 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 666. By Representative Lord of the 103rd:
A BILL to amend Code Section 36-81-7 of the Official Code of Georgia Annotated, relating to requirement of audits, so as to change the amount of annual expenditures of local governments requiring annual audits; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 667. By Representative Greene of the 134th:
A BILL to provide a homestead exemption from Quitman County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 62 years of age or older; and for other purposes.

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

HB 668. By Representative Greene of the 134th:
A BILL to amend an Act creating the State Court of Early County, so as to provide for terms of said court; and for other purposes.

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

HB 669. By Representative Greene of the 134th:
A BILL to provide a homestead exemption from Clay County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 62 years of age or older; and for other purposes.

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

HB 670. By Representatives Thomas of the 33rd, Post 2, Bunn of the 63rd, Oliver of the 56th, Post 2, Moraitakis of the 42nd, Post 4, Orrock of the 51st and others:
A BILL to amend Code Section 5-7-1 of the Official Code of Georgia Annotated, relating to orders, decisions, and judgments that are appealable, so as to delete a provision for orders transferring cases from a superior court to a juvenile court; to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that the juvenile court has original concurrent jurisdiction over certain acts committed by children under 17 years of age; to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment; to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions; to amend Code Section 49-4A-9 of the Official Code of Georgia Annotated, relating to sentence of youthful offenders; and for other purposes.

Referred to the Committee on Judiciary.

HB 671. By Representatives Stokes of the 72nd, Skipper of the 116th, Manning of the 32nd and Bordeaux of the 125th:
A BILL to amend Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain, so as to revise a provision relating to the power to condemn easements for electric power plants; to prohibit the use of the power of eminent domain to acquire any property for the construction of an electric transmission line without

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issuance of a certificate of need by the Public Service Commission; and for other purposes.

Referred to the Committee on Judiciary.

HR 349. By Representatives Burkhalter of the 36th and Jones of the 38th:
A RESOLUTION proposing an amendment to the Constitution so as to increase to 160 the maximum number of counties in the state; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HR 350. By Representatives Burkhalter of the 36th and Jones of the 38th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly may authorize local boards of education to levy and collect development impact fees and use the proceeds to pay for a share of the cost of additional educational facilities; and for other purposes.

Referred to the Committee on Education.

HR 351. By Representatives Mobley of the 58th, Stephenson of the 60th, Post 1, Orrock of the 51st, Thomas of the 43rd, Post 1, Harrell of the 54th and others:
A RESOLUTION urging the United States Senate to ratify the Convention on the Elimination of All Forms of Discrimination Against Women and urging the United States Congress to affirm women's fundamental right to reproductive health; 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:

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HB 636 HB 637 HB 638 HB 639 HB 640 HB 641 HB 642 HB 643

HB 644 HB 645 HB 646 HR 322 HR 323 HR 334 SB 23

Representative Bordeaux of the 125th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 470 Do Pass, by Substitute

Respectfully submitted, /s/ Bordeaux of the 125th
Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 445 Do Pass HB 446 Do Pass

HB 592 Do Pass, by Substitute HB 623 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

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923

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

HOUSE RULES CALENDAR TUESDAY, MARCH 4, 2003

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 24th Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 106 HR 107

Sheriff-elect Derwin Brown Memorial Bridge; designate Staff Sgt. Avely W. Runnels Memorial Highway; designate

DEBATE CALENDAR

HB 93 HB 279 HB 285
HB 424
HB 457 HB 461

Occupation taxes; redefine gross receipts; exclude certain sales Bingo; use of certain electronic or computer devices; provisions Soil erosion and sedimentation; amend provisions; Stakeholder Advisory Board State employees; payroll deductions; Georgia Higher Education Savings Plan Motor vehicles; reduce speed when passing certain stationary vehicles Georgia Military Pension Fund; certain active duty not a break in service

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

Respectfully submitted, /s/ Smyre of the 111th
Chairman

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 445. By Representatives Holmes of the 48th, Post 1, Campbell of the 39th and Willard of the 40th:

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A BILL to amend an Act providing for the appointment of magistrates in Fulton County, so as to change the number of magistrates in Fulton County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 101, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 446. By Representatives Holmes of the 48th, Post 1, Campbell of the 39th and Willard of the 40th:
A BILL to amend an Act creating a State Court of Fulton County by consolidation of the existing Civil Court of Fulton County and the Criminal Court of Fulton County, so as to provide an additional judge for the State Court of Fulton County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 101, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 592. By Representatives Walker of the 71st, Post 1, Sheldon of the 71st, Post 2, Stokes of the 72nd and Douglas of the 73rd:
A BILL to amend an Act providing for the revised and restated charter for the City of Monroe, so as to change the description of the election districts; and for other purposes.

The following Committee substitute was read and adopted:

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A BILL
To amend an Act providing for the revised and restated charter for the City of Monroe, approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3535), so as to change the description of the election districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the revised and restated charter for the City of Monroe, approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3535), is amended by striking subsection (a) of Section 2.03 and inserting in its place a new subsection (a) to read as follows:
"(a)(1) For purposes of electing members of the city council of the City of Monroe, the City of Monroe is divided into eight election districts. One member of the board shall be elected from each such district. The eight election districts 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:monroecc1 Plan Type: Local User: Blake Administrator: Monroe and Plan Name:monccsup1 Plan Type: Local User: Blake Administrator: Monroe. (2) When used in such attachments, 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 City of Monroe which is not included in any such district described in those attachments 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 City of Monroe which is described in those attachments 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 election 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.

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(3) Election Districts 1 through 8 as they exist before the effective date of this Act, shall continue to be designated as Election Districts 1 through 8, 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 election districts shall be deemed to be serving from and representing their respective districts as newly described under this Act."
SECTION 2. The city council of the City of Monroe shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
District 001 Walton County
Tract: 1103 BG: 1 1073 1074 1076 BG: 2 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 Tract: 1104 BG: 2 2052 2053 2055 2056 2057 Tract: 1107 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 1048 1049 BG: 2 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 2052 2055 2064

District 002 Walton County
Tract: 1103 BG: 1

TUESDAY, MARCH 4, 2003

927

1005 1006 1007 1008 1009 1010 1029 Tract: 1104 BG: 1 1026 1027 1046 1047 1048 1998 BG: 2 2001 2002 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2027 2030 2031 2042 2998

District 003 Walton County
Tract: 1104 BG: 2 2021 2022 2023 2024 2025 2026 2028 2029 2043 2044 2045 2046 2047 2048 2049 2050 2051 2054

District 004 Walton County
Tract: 1103 BG: 1 1019 1020 1023 1024 1025 1026 1027 1028 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1050 1051 1052 1053 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1075 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

District 005 Walton County
Tract: 1103 BG: 1 1047 1048 1049 BG: 2 2015 2016 2017 2018 2019 2020 2021 2022 2040 2041 2042 2043 2044 2045 2046 BG: 3 3005 3006 3007 3008 3009 3010 3011 3012 Tract: 1107 BG: 1 1007 1008 1039 1040 1041 1042 1043 1044 1004 1005 1006 1045

928

JOURNAL OF THE HOUSE

1046 1047 1050 1051 1052 1053 1054 1055 1056 1057 1058 1060 1062 1063 1064 1065 1067 1068 1997

District 006 Walton County
Tract: 1107 BG: 2 2011 2012 2013

District 007 Walton County
Tract: 1103 BG: 1 1005 1006 1007 1008 1009 1010 1029 1073 1074 1076 BG: 2 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 Tract: 1104 BG: 1 1026 1027 1046 1047 1048 1998 BG: 2 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 2038 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2998 Tract: 1107 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 1048 1049 BG: 2 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 2052 2055 2064

District 008 Walton County
Tract: 1103 BG: 1 1019 1020 1023 1024 1025 1026 1027 1028 1030 1031 1032 1033

TUESDAY, MARCH 4, 2003

929

1034 1035 1036 1037 1038 1039 1042 1047 1048 1049 1050 1051 1052 1053 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1075 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 2040 2041 2042 2043 2044 2045 2046 BG: 3 3005 3006 3007 3008 3009 3010 3011 3012 3016 Tract: 1107 BG: 1 1004 1005 1006 1007 1008 1039 1040 1041 1042 1043 1044 1045 1046 1047 1050 1051 1052 1053 1054 1055 1056 1057 1058 1060 1062 1063 1064 1065 1067 1068 1997 BG: 2 2011 2012 2013 2014

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 101, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 623. By Representatives Lewis of the 12th, Childers of the 13th, Post 1, Cummings of the 19th and Smith of the 13th, Post 2:
A BILL to amend an Act providing for the Board of Education of Bartow County, so as to change the method of filling vacancies on said board; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 101, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE

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

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 78. By Senator Cheeks of the 23rd:
A BILL to be entitled an Act to amend Title 7 of the O.C.G.A., relating to banking and finance, so as to provide for the use of a collection agency to collect fees owed to the state; to provide for the disclosure of a banks examination information to its holding company; to provide for changes in dissolution proceedings; to enable a bank or trust company to organize as a limited liability company; to provide for minimum capital stock requirements for established banks and trust companies; to require compliance with minimum age laws for mergers; to authorize all banks to operate automated teller machines statewide; to provide for certain changes in preferred shares of credit unions; to provide for certain definitions related to the sale of checks; to repeal conflicting laws; and for other purposes.
SB 85. By Senators Hamrick of the 30th, Cagle of the 49th, Kemp of the 3rd, Kemp of the 46th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 43-30-14 of the Official Code of Georgia Annotated, relating to practicing optometry without a license, so as to increase punishment; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 86. By Senators Hudgens of the 47th, Zamarripa of the 36th, Reed of the 35th and Kemp of the 46th:
A BILL to be entitled an Act to amend Chapter 66A of Title 36 of the Official Code of Georgia Annotated, relating to transfer of development rights, so as to define certain terms; to revise procedures relative to the creation of the transfer of development rights within or between political subdivisions; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 121. By Senators Williams of the 19th, Jackson of the 50th and Gillis of the 20th:
A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 40 of

TUESDAY, MARCH 4, 2003

931

the Official Code of Georgia Annotated, relating to general provisions of abandoned motor vehicles, so as to provide that the department shall have the authority to regulate the business of nonconsensual towing; to provide that the department shall have the authority to set rates for businesses engaged in nonconsensual towing; to provide for a penalty for violation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 134. By Senators Cagle of the 49th, Jackson of the 50th and Unterman of the 45th:
A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to registration, operation, and sale of watercraft, so as to change certain provisions relating to definitions; to change certain provisions relating to classification of vessels and required equipment; to repeal conflicting laws; and for other purposes.
SB 166. By Senators Lamutt of the 21st, Seabaugh of the 28th and Shafer of the 48th:
A BILL to be entitled an Act to amend Code Section 33-28-3 of the Official Code of Georgia Annotated, relating to standard nonforfeiture provisions for individual deferred annuities, so as to provide for a minimum nonforfeiture rate of 1 1/2 percent on individual deferred annuities; to provide for a sunset to such provision; to repeal conflicting laws; and for other purposes.

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

SB 78.

By Senator Cheeks of the 23rd:
A BILL to be entitled an Act to amend Title 7 of the O.C.G.A., relating to banking and finance, so as to provide for the use of a collection agency to collect fees owed to the state; to provide for the disclosure of a banks examination information to its holding company; to provide for changes in dissolution proceedings; to enable a bank or trust company to organize as a limited liability company; to provide for minimum capital stock requirements for established banks and trust companies; to require compliance with minimum age laws for mergers; to authorize all banks to operate automated teller machines statewide; to provide for certain changes in preferred shares of credit unions; to provide for certain definitions related to the sale of checks; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE

Referred to the Committee on Banks and Banking.

SB 85.

By Senators Hamrick of the 30th, Cagle of the 49th, Kemp of the 3rd, Kemp of the 46th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 43-30-14 of the Official Code of Georgia Annotated, relating to practicing optometry without a license, so as to increase punishment; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health and Human Services.

SB 86.

By Senators Hudgens of the 47th, Zamarripa of the 36th, Reed of the 35th and Kemp of the 46th:
A BILL to be entitled an Act to amend Chapter 66A of Title 36 of the Official Code of Georgia Annotated, relating to transfer of development rights, so as to define certain terms; to revise procedures relative to the creation of the transfer of development rights within or between political subdivisions; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 121. By Senators Williams of the 19th, Jackson of the 50th and Gillis of the 20th:
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 general provisions of abandoned motor vehicles, so as to provide that the department shall have the authority to regulate the business of nonconsensual towing; to provide that the department shall have the authority to set rates for businesses engaged in nonconsensual towing; to provide for a penalty for violation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

TUESDAY, MARCH 4, 2003

933

SB 134. By Senators Cagle of the 49th, Jackson of the 50th and Unterman of the 45th:
A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to registration, operation, and sale of watercraft, so as to change certain provisions relating to definitions; to change certain provisions relating to classification of vessels and required equipment; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Game, Fish & Parks.

SB 166. By Senators Lamutt of the 21st, Seabaugh of the 28th and Shafer of the 48th:
A BILL to be entitled an Act to amend Code Section 33-28-3 of the Official Code of Georgia Annotated, relating to standard nonforfeiture provisions for individual deferred annuities, so as to provide for a minimum nonforfeiture rate of 1 1/2 percent on individual deferred annuities; to provide for a sunset to such provision; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Insurance.

Representative Forster of the 3rd, Post 1 arose to a point of personal privilege and addressed the House.

Representative Heckstall of the 48th, Post 3 arose to a point of personal privilege and addressed the House.

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

HR 106. By Representatives Chambers of the 53rd, Watson of the 60th, Post 2, Greene-Johnson of the 60th, Post 3, Stephenson of the 60th, Post 1, Mangham of the 62nd and others:
A RESOLUTION honoring the memory of Sheriff-elect Derwin Brown and

934

JOURNAL OF THE HOUSE

designating the Sheriff-elect Derwin Brown Memorial Bridge; and for other purposes.

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

HR 107. By Representative Black of the 144th:
A RESOLUTION designating the Staff Sgt. Avely W. Runnels Memorial Highway; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield
Birdsong Y Black Y Boggs
Bordeaux Y Borders Y Bridges Y Brock Y Brooks E Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod
Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell
Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin
Massey

Y Mobley Y Moraitakis Y Morris Y Mosby E Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall
Ray Y Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L E Rogers, C Y Rogers, Ch.

Y Sims Sinkfield
Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson

Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

TUESDAY, MARCH 4, 2003

Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Maxwell Y McBee Y McCall E McClinton Y Millar Y Mills Y Mitchell

Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon
Sholar

935
Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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

HB 461. By Representatives Purcell of the 122nd, Birdsong of the 104th and Cummings of the 19th:
A BILL to amend Chapter 24 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Military Pension Fund, so as to provide that certain ordered active duty shall not constitute a break in service; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield
Birdsong Y Black Y Boggs
Bordeaux Y Borders
Bridges Y Brock Y Brooks E Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod
Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D

E Hill, C.A Y Hill, V Y Hines Y Holmes
Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas

Y Mobley Y Moraitakis Y Morris Y Mosby E Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall
Ray Y Reece, B

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs

936
Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper
Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin
Massey Y Maxwell Y McBee Y McCall E McClinton Y Millar Y Mills Y Mitchell

Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L E Rogers, C Y Rogers, Ch.
Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon
Sholar

Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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

Representative Birdsong of the 104th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 93.

By Representatives Buck of the 112th and Royal of the 140th:
A BILL to amend Code Section 48-13-5 of the Official Code of Georgia Annotated, relating to definitions relative to occupation taxes and regulatory fees, so as to revise the definition of gross receipts to exclude interorganizational sales or transfers between or among certain parent corporations, their wholly owned subsidiaries, and certain corporations partially owned by such parents or subsidiaries; and for other purposes.

The report of the Committee, which was favorable to the 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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Barnes Beasley-Teague

Y Day Y Dean Y Deloach Y Dix
Dodson Y Dollar Y Dooley

E Hill, C.A Y Hill, V Y Hines Y Holmes
Houston Y Howard Y Howell

Y Mobley Y Moraitakis Y Morris Y Mosby E Mosley Y Murphy, J Y Murphy, Q

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T

Y Benfield Birdsong
Y Black Y Boggs Y Bordeaux Y Borders
Bridges Y Brock Y Brooks E Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

TUESDAY, MARCH 4, 2003

Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod
Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster
Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper
Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Hudson Y Hugley Y Jackson
James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin
Massey Y Maxwell Y McBee Y McCall E McClinton Y Millar Y Mills Y Mitchell

Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L E Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

937
Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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

HB 457. By Representatives Buck of the 112th, Bridges of the 7th, Hill of the 81st, Parham of the 94th, Boggs of the 145th and others:
A BILL to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to require motor vehicle operators to take certain precautions when passing stationary authorized emergency, towing, recovery, and highway maintenance vehicles; and for other purposes.

The following amendment was read:

Representative Buck of the 112th moves to amend HB 457 by striking "$50.00" from line

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JOURNAL OF THE HOUSE

6 of page 2 and inserting in lieu thereof "$500.00".

The following amendment was read:

Representative Joyce of the 2nd moves to amend the Buck amendment to HB 457 as follows:
Replace "$500" with "$75".

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

Y Amerson N Anderson N Ashe Y Bannister N Barnard
Barnes Beasley-Teague N Benfield N Birdsong N Black N Boggs N Bordeaux N Borders Bridges Y Brock N Brooks E Broome Y Brown N Bruce N Buck N Buckner, D N Buckner, G Y Bunn N Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers N Channell N Childers Y Coan Coleman, B Y Cooper N Crawford N Cummings

Y Day N Dean N Deloach
Dix Dodson Y Dollar N Dooley Y Douglas N Drenner N Dukes Y Ehrhart Y Elrod Epps Y Fleming Floyd, H N Floyd, J N Fludd Y Forster Y Franklin N Gardner Y Golick Y Graves, D Y Graves, T N Greene N Greene-Johnson N Hanner Y Harbin Y Harper N Harrell Y Heard, J N Heard, K Y Heath N Heckstall Y Hembree N Henson Y Hill, C

E Hill, C.A N Hill, V Y Hines N Holmes N Houston N Howard N Howell
Hudson N Hugley N Jackson N James N Jamieson N Jenkins N Jones N Jordan Y Joyce Y Keen Y Knox N Lane Y Lewis N Lord N Lucas N Lunsford N Maddox
Mangham Manning N Marin Y Martin Y Massey Y Maxwell N McBee N McCall E McClinton Y Millar Y Mills N Mitchell

N Mobley N Moraitakis N Morris
Mosby E Mosley Y Murphy, J N Murphy, Q N Noel N Oliver, B N Oliver, M Y O'Neal N Orrock N Parham N Parrish Y Parsons N Porter N Powell N Purcell N Ralston N Randall N Ray N Reece, B Y Reece, S Y Rice Y Richardson N Roberts, J
Roberts, L E Rogers, C Y Rogers, Ch. N Royal Y Rynders N Sailor N Scott N Shaw
Sheldon N Sholar

N Sims N Sinkfield N Skipper N Smith, B N Smith, L N Smith, P N Smith, T N Smith, V N Smyre N Snow N Stanley-Turner N Stephens, E N Stephens, R N Stephenson N Stokes N Stoner N Teilhet Y Teper N Thomas, A N Thomas, A.M N Thompson N Twiggs N Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland Y White N Wilkinson Y Willard N Williams, A N Williams, E N Williams, R N Wix Y Yates
Coleman, Speaker

TUESDAY, MARCH 4, 2003

939

On the adoption of the amendment, the ayes were 53, nays 107. The amendment was lost.

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

N Amerson Y Anderson Y Ashe N Bannister Y Barnard
Barnes Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Bordeaux Y Borders Bridges N Brock Brooks E Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan Coleman, B N Cooper Y Crawford Y Cummings

N Day Y Dean Y Deloach
Dix Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes Y Ehrhart N Elrod Y Epps Y Fleming Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner N Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson N Hill, C

E Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell
Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins N Jones Y Jordan N Joyce N Keen N Knox
Lane N Lewis Y Lord Y Lucas N Lunsford N Maddox
Mangham N Manning Y Marin Y Martin N Massey N Maxwell Y McBee Y McCall E McClinton N Millar N Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby E Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish N Parsons
Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J
Roberts, L E Rogers, C N Rogers, Ch. Y Royal N Rynders Y Sailor Y Scott Y Shaw
Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper N Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre N Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet N Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White Y Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 102, nays 56. The amendment was adopted.

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JOURNAL OF THE HOUSE

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Barnes Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Brooks E Broome Y Brown Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell N Casas N Chambers Y Channell Y Childers N Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

N Day Y Dean Y Deloach Y Dix
Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner N Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper
Harrell N Heard, J Y Heard, K N Heath Y Heckstall Y Hembree Y Henson N Hill, C

E Hill, C.A Y Hill, V Y Hines Y Holmes
Houston Y Howard Y Howell
Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan N Joyce Y Keen N Knox Y Lane N Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin N Massey N Maxwell Y McBee Y McCall E McClinton N Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby E Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L E Rogers, C Y Rogers, Ch. Y Royal N Rynders Y Sailor Y Scott Y Shaw N Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre N Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet N Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

On the passage of the Bill, as amended, the ayes were 143, nays 23.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 424. By Representatives Porter of the 119th, McBee of the 74th, Gardner of the 42nd, Post 3, Howell of the 92nd and Borders of the 142nd:

TUESDAY, MARCH 4, 2003

941

A BILL to amend Chapter 7of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers and employees, so as to provide that deductions are authorized for the purpose of contributing to savings trust accounts established under the Georgia Higher Education Savings Plan; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe
Bannister Y Barnard
Barnes Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Borders Y Bridges Y Brock Brooks E Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix
Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper
Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

E Hill, C.A Y Hill, V Y Hines Y Holmes
Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall E McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis
Morris Y Mosby E Mosley Y Murphy, J Y Murphy, Q Y Noel
Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall
Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L E Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott
Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 160, nays 0.

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

Representatives Houston of the 139th and Mangham of the 62nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 285. By Representatives Stokes of the 72nd, Westmoreland of the 86th, Rogers of the 20th, Drenner of the 57th, James of the 114th and others:
A BILL to amend Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional duties and powers of the State Soil and Water Conservation Commission, so as to provide for implementation of an education and training program; to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to change certain provisions relating to powers and duties of the Board of Natural Resources and the director of the Environmental Protection Division of the Department of Natural Resources as to control of water pollution and surface-water use generally; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional duties and powers of the State Soil and Water Conservation Commission, so as to provide for implementation of an education and training program; to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to change certain provisions relating to powers and duties of the Board of Natural Resources and the director of the Environmental Protection Division of the Department of Natural Resources as to control of water pollution and surface-water use generally; to change certain provisions relating to permits for construction, modification, or operation of facilities which discharge pollutants into waters and permits for discharge of dredged or fill material into waters and wetlands; to extensively revise certain provisions relating to control of soil erosion and sedimentation; to provide for the effect of such provisions on the practice of land surveyors in performing certain tasks related to soil erosion and sedimentation control; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional duties and powers of the State Soil and Water Conservation Commission, is amended by inserting a new paragraph (7.1) to read as follows:
"(7.1) To formulate such rules and regulations in consultation with the Environmental Protection Division of the Department of Natural Resources, to exercise such powers, and to perform such duties as are necessary to implement the administration of the education and training program established under Code Section 12-7-19;"
SECTION 2. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended in subsection (a) of Code Section 12-5-23, relating to powers and duties of the Board of Natural Resources and the director of the Environmental Protection Division of the Department of Natural Resources as to control of water pollution and surface-water use generally, by striking "and" at the end of paragraph (3), striking the period and inserting "; and" in lieu thereof at the end of paragraph (4), and adding a new paragraph (5) to read as follows:
"(5)(A) By December 31, 2003, the board shall promulgate rules and regulations which establish a fee system designed to offset the costs of the state-wide implementation of the National Pollution Discharge Elimination System general permit or permits for storm-water runoff from construction activities as is now in effect or as may be amended or reissued in the future pursuant to the states authority to implement the same through federal delegation under the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., and subsection (f) of Code Section 12-5-30. (B) Fees established by the board under this paragraph shall be no less than that which is required to properly administer Chapter 7 of this title, provided that such fees shall not exceed $80.00 per acre of land-disturbing activity as defined in Code Section 12-7-3."
SECTION 3. Said title is further amended in subsection (c) of Code Section 12-5-23, relating to powers and duties of the Board of Natural Resources and the director of the Environmental Protection Division of the Department of Natural Resources as to control of water pollution and surface-water use generally, by striking paragraph (15) and inserting in lieu thereof the following:
"(15) Perform any and all acts and exercise all incidental powers necessary to carry out the purposes and requirements of this article and of the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., relating to this states participation in the National Pollutant Discharge Elimination System established under that act and shall administer the fee program established by the board pursuant to paragraph (5) of subsection (a) of this Code section;"

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SECTION 4. Said title is further amended in Code Section 12-5-30, relating to permits for construction, modification, or operation of facilities which discharge pollutants into waters and permits for discharge of dredged or fill material into waters and wetlands, by adding a new subsection (g) to read as follows:
"(g) It is declared to be the public policy of this state, in furtherance of its responsibility to protect the public health, safety, and well-being of its citizens and to protect and enhance the quality of its environment, to prevent or mitigate where possible discharges of sediment into the waters of the state. The General Assembly declares its intent to partially fund the execution of the public policy set forth in this subsection and Chapter 7 of this title by and through the division with permit fees for the National Pollution Discharge Elimination System general permit or permits for storm-water runoff from construction activities as is now in effect or as may be amended or reissued in the future pursuant to the states authority to implement the same through federal delegation under the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., and subsection (f) of this Code section. Such fees shall be administered by the division pursuant to rules and regulations established by the board pursuant to paragraph (5) of subsection (a) of Code Section 12-5-23. The General Assembly further declares its intent that the amount of funds provided by such permit fees will not be utilized for any purposes other than the administration of Chapter 7 of this title by the division or a local issuing authority and the administration of the state general permit defined in Code Section 12-7-3 by the division, which purposes shall specifically include without limitation the study and report required by Code Section 12-7-21; provided, however, that nothing in this subsection shall be construed so as to allow the department to retain any funds required by the Constitution of Georgia to be paid into the state treasury; 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 funds derived from such permit fees."
SECTION 5. Said title is further amended by striking Chapter 7, relating to control of soil erosion and sedimentation, and inserting in lieu thereof the following:
"CHAPTER 7
12-7-1. This chapter shall be known and may be cited as the 'Erosion and Sedimentation Act of 1975.'
12-7-2. It is found that soil erosion and sediment deposition onto lands and into waters within the watersheds of this state are occurring as a result of widespread failure to apply

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proper soil erosion and sedimentation control practices in land clearing, soil movement, and construction activities and that such erosion and sediment deposition result in pollution of state waters and damage to domestic, agricultural, recreational, fish and wildlife, and other resource uses. It is therefore declared to be the policy of this state and the intent of this chapter to strengthen and extend the present erosion and sediment control activities and programs of this state and to provide for the establishment and implementation of a state-wide comprehensive soil erosion and sediment control program to conserve and protect the land, water, air, and other resources of this state.
12-7-3. As used in this chapter, the term:
(1) 'Board' means the Board of Natural Resources. (2) 'Buffer' means the area of land immediately adjacent to the banks of state waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat. (3) 'Commission' means the State Soil and Water Conservation Commission. (4) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (5) 'District' means any one of the soil and water conservation districts of this state. (6) 'Division' means the Environmental Protection Division of the Department of Natural Resources. (7) 'Drainage structure' means a device composed of a virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for stormwater management, drainage control, or flood control purposes. (8) 'Erosion and sediment control plan' or 'plan' means a plan for the control of soil erosion and sediment resulting from a land-disturbing activity. (9) 'Issuing authority' means the governing authority of any county or municipality which is certified pursuant to subsection (a) of Code Section 12-7-8 and the division in those instances where an application for a permit is submitted to the division. (10) 'Land-disturbing activity' means any activity which may result in soil erosion from water or wind and the movement of sediments into state water or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not including agricultural practices as described in paragraph (5) of Code Section 12-7-17. (9.1) 'Larger common plan of development or sale' means a contiguous area where multiple separate and distinct construction activities are occurring under one plan of development or sale. For purposes of this paragraph, 'plan' means an announcement; piece of documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, or computer design; or physical demarcation such as boundary signs, lot stakes, or surveyor markings, indicating that construction activities may occur on a specific plot. (10) 'Local issuing authority' means the governing authority of any county or

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municipality which is certified pursuant to subsection (a) of Code Section 12-7-8. (10.1) 'Operator' means the party or parties that have:
(A) Operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications; or (B) Day-to-day operational control of those activities that are necessary to ensure compliance with a storm-water pollution prevention plan for the site or other permit conditions, such as a person authorized to direct workers at a site to carry out activities required by the storm-water pollution prevention plan or to comply with other permit conditions. (11) 'Person' means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of this state, any interstate body, or any other legal entity. (12) 'Qualified personnel' means any person who meets or exceeds the education and training requirements of Code Section 12-7-19. (13) 'Roadway drainage structure' means a device, such as a bridge, culvert, or ditch, composed of a virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by intercepting the flow on one side of a traveled way consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side. (13)(14) 'Soil and water conservation district approved plan' means an erosion and sediment control plan approved in writing by a soil and water conservation district. (15) 'State general permit' means the National Pollution Discharge Elimination System general permit or permits for storm-water runoff from construction activities as is now in effect or as may be amended or reissued in the future pursuant to the states authority to implement the same through federal delegation under the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., and subsection (f) of Code Section 12-5-30. (14)(16) 'State waters' includes any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state, which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation.
12-7-4. The governing authority of each county and each municipality shall adopt a comprehensive ordinance establishing the procedures governing land-disturbing activities which are conducted within their respective boundaries. Such ordinances shall be consistent with the standards provided by this chapter. Local governing authorities shall have the authority, by such ordinance, to delegate in whole or in part the responsibilities of the governing authorities, as set forth in this chapter, to any constitutional or statutory local planning and zoning commission. Where the local governing authority deems it appropriate, it may integrate such provisions with other

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local ordinances relating to land development including but not limited to tree protection, flood plain protection, stream buffers, or postdevelopment storm-water management.
12-7-5. The board, by appropriate rules and regulations, shall adopt the procedures governing land-disturbing activities which are conducted in those counties and municipalities which do not have in effect an ordinance conforming to this chapter. Such rules and regulations shall be developed by the division in consultation with the commission and shall contain provisions which meet those minimum requirements set forth in Code Section 12-7-6.
12-7-6. (a)(1) Best management practices as set forth in subsection (b) of this Code section shall be required for all land-disturbing activities. Proper design, installation, and maintenance of best management practices shall constitute a complete defense to any action by the director or to any other allegation of noncompliance with paragraph (2) of this subsection or any substantially similar terms contained in a permit for the discharge of storm water issued pursuant to subsection (f) of Code Section 12-5-30. As used in this subsection, the terms 'proper design' and 'properly designed' mean designed to control soil erosion and sedimentation for all rainfall events up to and including a 25 year rainfall event in accordance with the hydraulic design specifications contained in the 'Manual for Erosion and Sediment Control in Georgia' specified in subsection (b) of this Code section. (2) A discharge of storm-water runoff from disturbed areas where best management practices have not been properly designed, installed, and maintained shall constitute a separate violation of any land-disturbing permit issued by a local issuing authority or by the division or of any state general permit for construction activities issued by the division pursuant to subsection (f) of Code Section 12-5-30 for each day on which such discharge results in the turbidity of receiving waters being increased by more than 25 nephelometric turbidity units for waters supporting warm water fisheries or by more than ten nephelometric turbidity units for waters classified as trout waters. The turbidity of the receiving waters shall be measured in accordance with guidelines to be issued by the director. This paragraph shall not apply to any land disturbance associated with the construction of single-family homes which are not part of a larger common plan of development or sale unless the planned disturbance for such construction is equal to or greater than five acres. (3) Failure properly to design, install, or maintain best management practices shall constitute a violation of any land-disturbing permit issued by a local issuing authority or by the division or of any state general permit for construction activities issued by the division pursuant to subsection (f) of Code Section 12-5-30 for each day on which such failure occurs. (4) The director may require, in accordance with regulations adopted by the board,

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reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land-disturbing activities occur. (b) The rules and regulations, ordinances, or resolutions adopted pursuant to this chapter for the purpose of governing land-disturbing activities shall require, as a minimum, protections at least as stringent as the state general permit; and best management practices, including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the 'Manual for Erosion and Sediment Control In Georgia' published by the State Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted, as well as the following: (1) Stripping of vegetation, regrading, and other development activities shall be conducted in such a manner so as to minimize erosion; (2) Cut and fill operations must be kept to a minimum; (3) Development plans must conform to topography and soil type, so as to create the lowest practicable erosion potential; (4) Whenever feasible, natural vegetation shall be retained, protected, and supplemented; (5) The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum; (6) Disturbed soil shall be stabilized as quickly as practicable; (7) Temporary vegetation or mulching shall be employed to protect exposed critical areas during development; (8) Permanent vegetation and structural erosion control measures must be installed as soon as practicable; (9) To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirements of this chapter; (10) Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping surfaces of fills; (11) Cuts and fills may not endanger adjoining property; (12) Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners; (13) Grading equipment must cross flowing streams by the means of bridges or culverts, except when such methods are not feasible, provided, in any case, that such crossings must be kept to a minimum; (14) Land-disturbing activity plans for erosion and sedimentation control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on site or preclude sedimentation of adjacent waters beyond the levels specified in subsection (a) of this Code section; (15) Except as provided in paragraph (16) of this subsection, there is established a 25

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foot buffer along the banks of all state waters, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, except where the director determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise allowed by the director pursuant to Code Section 12-2-8, or where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented; provided, however, that buffers of at least 25 feet established pursuant to Part 6 of Article 5 of Chapter 5 of this title shall remain in force unless a variance is granted by the director as provided in this paragraph. The following requirements shall apply to any such buffer:
(A) No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and (B) On or before December 31, 2000, the board shall adopt rules which contain specific criteria for the grant or denial by the director of requests for variances. After such date, no variance shall be granted by the director which is not consistent with the criteria contained in such rules; provided, however, that, should the board fail to adopt rules which contain specific criteria for the grant or denial of requests for variances by the director on or before December 31, 2000, the authority of the director to issue such variances shall be suspended until the board adopts such rules; and (C) The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented:
(i) Stream crossings for water lines; or (ii) Stream crossings for sewer lines; and (16) There is established a 50 foot buffer, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, along the banks of any state waters classified as 'trout streams' pursuant to Article 2 of Chapter 5 of this title except where a roadway drainage structure must be constructed; provided, however, that small springs and streams classified as trout streams which discharge an average annual flow of 25 gallons per minute or less shall have a 25 foot

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buffer or they may be piped, at the discretion of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the board providing for notice to the division or local issuing authority of the location and extent of the piping and prescribed methodology for minimizing the impact of such piping and for measuring the volume of water discharged by the stream. Any such pipe must stop short of the downstream landowners property, and the landowner must comply with the buffer requirement for any adjacent trout streams. The director may grant a variance from such buffer to allow land-disturbing activity, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented. The following requirements shall apply to any such buffer:
(A) No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and (B) On or before December 31, 2000, the board shall adopt rules which contain specific criteria for the grant or denial by the director of requests for variances. After such date, no variance shall be granted by the director which is not consistent with the criteria contained in such rules; provided, however, that, should the board fail to adopt rules which contain specific criteria for the grant or denial of requests for variances by the director on or before December 31, 2000, the authority of the director to issue such variances shall be suspended until the board adopts such rules.; and (C) The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented:
(i) Stream crossings for water lines; or (ii) Stream crossings for sewer lines. (c) Nothing contained in this chapter shall prevent an any local issuing authority from adopting rules and regulations, ordinances, or resolutions which contain stream buffer requirements that exceed the minimum requirements in subsections (a) and subsection (b) of this Code section. (d) The fact that land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this Code section or the

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terms of the permit.
12-7-7. (a) No land-disturbing activities shall be conducted in this state, except those landdisturbing activities provided for in Code Section 12-7-17, without the property owner where the land-disturbing activity will occur operator first securing the a permit from a local issuing authority or providing notice of intent to the division as required by this Code section. (b) In those counties and municipalities which are certified as local issuing authorities pursuant to subsection (a) of Code Section 12-7-8:
(1) The application for such permit shall be made to and the permit shall be issued by the governing authority of the county wherein such land-disturbing activities are to occur, in the event that such activities will occur outside the corporate limits of a municipality; and (2) In those instances where such activities will occur within the corporate limits of any municipality, the application for such permit shall be made to and the permit shall be issued by the governing authority of the municipality in which such land-disturbing activities are to occur.; and (3) The local issuing authority shall conduct inspections and enforce the permits it issues. (c) In those counties and municipalities which are not certified pursuant to subsection (a) of Code Section 12-7-8, the application for such permit shall be made to and the permit shall be issued by the division the terms of the state general permit shall apply, those terms shall be enforced by the division, and no individual land-disturbing activity permit under this Code section will be required; provided, however, that notice of intent shall be submitted to the division prior to commencement of any land-disturbing activities under the state general permit in any of such uncertified counties or municipalities. (d)(1) Fees assessed pursuant to paragraph (5) of subsection (a) of Code Section 125-23 shall be calculated and paid by the primary permittee as defined in the state general permit for each acre of land-disturbing activity included in the planned development or each phase of development. (2) In a jurisdiction that is certified pursuant to subsection (a) of Code Section 12-78, half of any such fees levied shall be submitted by the applicant to the local issuing authority and half of such fees shall be submitted to the division; except that any and all fees due from an entity which is required to give notice pursuant to paragraph (9) or (10) of Code Section 12-7-17 shall be submitted in full to the division, regardless of the existence of a local issuing authority in the jurisdiction. In a jurisdiction where there is no local issuing authority, the full fee shall be submitted to the division. (d)(e) Except as provided in this subsection, no permit shall be issued pursuant to subsection (b) or (c) of this Code section unless the erosion and sediment control plan has been approved by the appropriate district as is required by Code Section 12-7-10. When the governing authority of a county or municipality lying within the boundaries

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of the district demonstrates capabilities to review and approve an erosion and sediment control plan and requests an agreement with the district to conduct such review and approval, the district, with the concurrence of the commission, shall enter into an agreement which allows the governing authority to conduct review and approval without referring the application and plan to the district, if such governing authority meets the conditions specified by the district as set forth in the agreement. A district may not enter into an agreement authorized in this Code section with the governing authority of any county or municipality which is not certified pursuant to subsection (a) of Code Section 12-7-8.
(e)(f)(1) If a permit applicant has had two or more violations of previous permits or this Code section within three years prior to the date of filing of the application under consideration, the local issuing authority may deny the permit application. (2) The local issuing authority may require the permit applicant to post a bond in the form of government security, cash, irrevocable letter of credit, or any combination thereof up to, but not exceeding, $3,000.00 per acre of the proposed land-disturbing activity, prior to issuing the permit. If the applicant does not comply with this Code section or with the conditions of the permit after issuance, the local issuing authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. This subsection shall not apply unless there is in effect an ordinance or statute specifically providing for hearing and judicial review of any determination or order of the local issuing authority with respect to alleged permit violations. (f) No permit may be issued pursuant to subsection (b) or (c) of this Code section unless the applicant provides a statement by the tax collector or tax commissioner of the county in which the property for which the permit is requested lies and by the official responsible for the collection of municipal taxes in the municipality within which such property lies, if applicable, certifying that all ad valorem taxes levied against the property and due and owing have been paid.
12-7-7.1. (a) As used in this Code section, the term 'contractor' means the individual, firm, corporation, or combination thereof or governmental organization contracting with the Department of Transportation or State Road and Tollway Authority for the performance of prescribed work.
(b)(1) In addition to the requirements of Code Section 12-7-6, the Department of Transportation or the State Road and Tollway Authority after July 1, 2000 2003, shall not contract for land-disturbing activity on any construction or maintenance project that will disturb five one or more contiguous acres of land until an erosion and sediment control plan for such project has been prepared and accepted pursuant to this Code section. (2) Through its own forces or by means of the acquisition of professional service pursuant to the provisions of Chapter 22 of Title 50, the Department of Transportation or the State Road and Tollway Authority shall be responsible for the preparation of an

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erosion and sediment control plan for any construction or maintenance project as required by paragraph (1) of this subsection. Any consultant providing such professional service shall be prequalified by the Department of Transportation as a responsible bidder for the design of erosion and sediment control plans. The division shall assist the Department of Transportation in developing the prequalification approval process for purposes of this subsection. (c) Upon completion of a proposed plan, the same shall be submitted to the division for review and comment as required by the state general permit. (d)(1) All bidders for any construction or maintenance project subject to this Code section shall review and submit with their bid proposal a cost estimate as a separate bid for the implementation of the plan, it being understood that the contractor may utilize either its own personnel and resources, qualified subcontractors, or both for implementation of the plan. All contractors and subcontractors for such project shall be prequalified by the Department of Transportation as a responsible bidder for the installation of erosion and sediment control devices in accordance with a plan. The division shall assist the Department of Transportation in developing the prequalification approval process for purposes of this subsection. (2) The contractor for a construction or maintenance project subject to this Code section shall be responsible for implementing the plan on the awarded project. Payment to any contractor under any contract for implementing any part or all of any plan shall not be on a lump sum basis; rather, such payment shall be based upon unit prices for specific quantities of work performed pursuant to the approved erosion and sediment control plan plus any additional quantities of completed work necessitated by project conditions affecting erosion and sediment control, including without limitation soil types and weather conditions. Charges for all maintenance and cleaning of erosion and sediment control devices shall likewise be paid on a unit price basis. (e)(1) Through the services of independent consultants, contractors, or subcontractors, or by its own forces, the Department of Transportation shall monitor the water quality and inspect the installation and maintenance of the best management practices in accordance with the plan. All such consultants, contractors, or subcontractors shall be prequalified by the Department of Transportation as a responsible bidder for the inspection of such best management practices and shall have the necessary expertise to determine that such practices are being installed and maintained in accordance with the plan. The division shall assist the Department of Transportation in developing the prequalification approval process for purposes of this subsection. (2) Proper design, installation, and maintenance of best management practices shall constitute a complete defense to any action by the director or to any other allegation of noncompliance with paragraph (2) of subsection (a) of Code Section 12-7-6. (3) If deficiencies in the plan or installation or maintenance of best management practices are discovered during the inspection, the Department of Transportation or the State Road and Tollway Authority shall determine the appropriate corrective action. Further, the Department of Transportation or State Road and Tollway

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Authority may require the consultant to amend the plan or the contractor to change its procedures by change order or supplemental agreement in order to institute such changes as may be necessary to correct any errors or deficiencies in the plan, the implementation of the plan, or the maintenance of the best management practices. (4) The division, the Department of Transportation, or the State Road and Tollway Authority shall control or coordinate the work of its employees inspecting any project so as to prevent any delay of, interference with, or hindrance to any contractor performing land-disturbing activity on any project subject to the provisions of this Code section. (f)(1) There shall be an Erosion and Sediment Control Overview Council which shall provide guidance on the best management practices for implementing any erosion and sediment control plan for purposes of this Code section. The council shall be composed of nine members, including one member who shall be appointed by the Speaker of the House of Representatives and serve at the pleasure thereof; one member who shall be appointed by the Lieutenant Governor and serve at the pleasure thereof; and seven members who shall be appointed by the Governor and serve at the pleasure thereof, including one employee each from the Department of Transportation, the Environmental Protection Division of the Department of Natural Resources, and the Georgia Regional Transportation Authority, a professional engineer licensed to practice in this state from a private engineering consulting firm practicing environmental engineering, two representatives of the highway contracting industry certified by the Department of Transportation, and a chairperson. The council shall meet at the call of the chairperson. Each councilmember shall receive a daily allowance in the amount specified in subsection (b) of Code Section 45-7-21; provided, however, that any full-time state employee serving on the council shall draw no compensation but shall receive necessary expenses. The commissioner is authorized to pay such compensation and expenses from department funds. (2) The council may develop recommendations governing the preparation of plans and the installation and maintenance of best management practices. If a dispute concerning the requirements of this Code section should arise, the Erosion and Sediment Control Overview Council shall mediate the dispute. (g) Nothing in this Code section shall be construed to affect the divisions authority under Article 2 of Chapter 5 of this title, the 'Georgia Water Quality Control Act.'
12-7-8. (a)(1) If a county or municipality has enacted ordinances which meet or exceed the standards, requirements, and provisions of this chapter and the state general permit, except that the standards, requirements, and provisions of the ordinances for monitoring, reporting, inspections, design standards, turbidity standards, and education and training shall not exceed the state general permit requirements, and which are enforceable by such county or municipality, and if a county or municipality documents that it employs qualified personnel to implement enacted ordinances, the director may certify such county or municipality as an a local issuing authority for the

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purposes of this chapter. (2) A local issuing authority shall regulate both primary and secondary permittees as such terms are defined in the state general permit. Primary permittees shall be responsible for installation and maintenance of best management practices where the primary permittee is conducting land-disturbing activities. Secondary permittees shall be responsible for installation and maintenance of best management practices where the secondary permittee is conducting land-disturbing activities. A local issuing authority must review, revise, or amend its ordinances within 12 months of any amendment to this chapter. (b) The districts or the commission or both shall periodically review the actions of counties and municipalities which have been certified as local issuing authorities pursuant to subsection (a) of this Code section. The districts or the commission or both may provide technical assistance to any county or municipality for the purpose of improving the effectiveness of the countys or municipalitys erosion and sedimentation control program. The districts or the commission shall notify the division and request investigation by the division if any deficient or ineffective local program is found. (c) The board, on or before December 31, 2003, shall promulgate rules and regulations setting forth the requirements and standards for certification and the procedures for decertification of a local issuing authority. The division may periodically review the actions of counties and municipalities which have been certified as local issuing authorities pursuant to subsection (a) of this Code section. Such review may include, but shall not be limited to, review of the administration and enforcement of a governing authoritys ordinances and review of conformance with an agreement, if any, between the district and the governing authority. If such review indicates that the governing authority of any county or municipality certified pursuant to subsection (a) of this Code section has not administered or enforced its ordinances or has not conducted the program in accordance with any agreement entered into pursuant to subsection (d) (e) of Code Section 12-7-7, the division shall notify the governing authority of the county or municipality in writing. The governing authority of any county or municipality so notified shall have 30 days within which to take the necessary corrective action to retain certification as an a local issuing authority. If the county or municipality does not take necessary corrective action within 30 days after notification by the division, the division may revoke the certification of the county or municipality as an a local issuing authority. (d) The director may determine that the public interest requires initiation of an enforcement action by the division. Where such a determination is made and the local issuing authority has failed to secure compliance, the director may implement the boards rules and seek compliance under provisions of Code Sections 12-7-12 through 12-7-15. For purposes of this subsection, enforcement actions taken by the division pursuant to Code Sections 12-7-12 through 12-7-15 shall not require prior revocation of certification of the county or municipality as an a local issuing authority.

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12-7-9. (a) Applications for permits shall be submitted in accordance with this chapter and the rules and regulations, ordinances, and resolutions adopted pursuant hereto to this chapter. Such applications shall be accompanied by the applicants erosion and sediment control plans and by such supportive data as will affirmatively demonstrate that the land-disturbing activity proposed will be carried out in such a manner that the minimum requirements set forth in Code Section 12-7-6 shall be met. All applications shall contain a certification stating that the plan preparer or the designee thereof visited the site prior to creation of the plan or that such a visit was not required in accordance with rules and regulations established by the board. (b) No permit shall be issued to any applicant unless the local issuing authority affirmatively determines that the plan embracing such activities meets the requirements of Code Section 12-7-6. All applicable fees shall be paid prior to issuance of the land disturbance permit by the local issuing authority. (c) Permits shall be issued or denied as soon as practicable after the application therefor has been filed with the local issuing authority, but in any event not later than 45 days thereafter.
12-7-10. Except as otherwise provided by Code Section 12-7-7, immediately upon receipt of an application for a permit the application and plan for sediment and erosion control shall be referred to the appropriate district wherein such land-disturbing activities are proposed to take place, for its review and approval or disapproval concerning the adequacy of the erosion and sediment control plan proposed by the applicant. A district shall approve or disapprove a plan within 35 days of receipt. Failure of a district to act within 35 days shall be considered an approval of the pending plan.
12-7-11. (a) Within the time specified by Code Section 12-7-9, the local issuing authority shall issue or deny the permit. The local issuing authority, upon denial of a permit, shall state its reasons for the denial, setting forth specifically wherein such application is found to be deficient. Any land-disturbing activity permitted under this chapter shall be carried out in accordance with this chapter and the ordinance, resolution, or rules and regulations adopted and promulgated pursuant hereto to this chapter. The local issuing authority shall specify on the permit the conditions under which the activity may be undertaken. (b) The permit may be suspended, revoked, or modified by the local issuing authority, as to all or any portion of the land affected by the plan, upon a finding that the holder or his or her successor in title is not in compliance with the approved erosion and sediment control plan or that the holder or his or her successor in title is in violation of this chapter or any ordinance, resolution, rule, or regulation adopted or promulgated pursuant to this chapter. A holder of a permit shall notify any successor in title to him or her as to all or any portion of the land affected by the approved plan of the conditions

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contained in the permit.
12-7-12. (a) Whenever Except as provided in subsection (d) of this Code section, whenever the director has reason to believe that a violation of any provision of this chapter, any rule or regulation of the board, or any order of the director has occurred in a county or municipality which is not certified pursuant to subsection (a) of Code Section 12-7-8, the director may issue an order directed to such violator or violators. The order shall specify the provisions of this chapter or the rules or regulations or order alleged to have been violated and may require that land-disturbing activity be stopped until necessary corrective action and mitigation have been taken or may require that necessary corrective action and mitigation be taken within a reasonable time to be prescribed in the order. Any order issued by the director under this Code section shall be signed by the director. Any such order shall become final unless the person or persons named therein request, in writing, a hearing pursuant to Code Section 12-7-16. (b) Whenever an Except as provided in subsection (d) of this Code section, whenever a local issuing authority has reason to believe that a violation of any provision of a local ordinance or resolution has occurred within the jurisdiction of the local issuing authority, the local issuing authority may require that land-disturbing activity be stopped until necessary corrective action and mitigation have been taken or may require that necessary corrective action and mitigation be taken within a reasonable time. (c) The following procedures shall apply to the issuances of stop work orders:
(1) For the first and second violations of the provisions of this chapter, the director or the local issuing authority shall issue a written warning to the violator. The violator shall have five days to correct the violation. If the violation is not corrected within five days, the director or local issuing authority shall issue a stop work order requiring that land-disturbing activities be stopped until necessary corrective action or mitigation has occurred; provided, however, that, if the violation presents an imminent threat to public health or waters of the state, the director or local issuing authority shall issue an immediate stop work order in lieu of a warning; (2) For a third and each subsequent violation, the director or local issuing authority shall issue an immediate stop work order; and (3) All stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. (d) When a violation of this chapter in the form of taking action without a permit, failure to maintain a stream buffer, or significant amounts of sediment, as determined by the local issuing authority or by the director or his or her designee, have been or are being discharged into state waters and where best management practices have not been properly designed, installed, and maintained, a stop work order shall be issued by the local issuing authority or by the director or his or her designee. All such stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. Such stop work orders shall apply to all land-disturbing activity on the site with the exception of the installation and

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maintenance of temporary or permanent erosion and sediment controls.
12-7-13. Whenever, in the judgment of the director, any person has engaged in or is about to engage in any act or practice which constitutes or would constitute a violation of this chapter, the rules and regulations adopted pursuant hereto to this chapter, or any order or permit conditions in a county or municipality which is not certified pursuant to subsection (a) of Code Section 12-7-8, he or she may make application to the superior court of the county where such person resides or, if such person is a nonresident of the state, to the superior court of the county in which the violative act or practice has been or is about to be engaged in for an order enjoining such act or practice or for an order requiring compliance with this chapter, the rules and regulations adopted pursuant hereto to this chapter, or the order or permit condition. Upon a showing by the director that such person has engaged in or is about to engage in any such violative act or practice, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing the lack of an adequate remedy at law.
12-7-14. (a) Notwithstanding any other provision of this chapter to the contrary, upon receipt of evidence that certain land-disturbing activities occurring in a municipality or county which is not certified pursuant to subsection (a) of Code Section 12-7-8 are presenting an imminent and substantial danger to the environment or to the health of humans, the director may bring an action as provided in Code Section 12-7-13 to restrain immediately any person causing or contributing to the danger caused by such landdisturbing activities or to take such other action as may be necessary. (b) If it is not practicable to assure prompt protection of the environment or the health of humans solely by commencement of such a civil action, the director may issue such emergency orders as may be necessary to protect the environment or the health of humans who are or may be affected by such land-disturbing activities. Notwithstanding any other provision of this chapter, such order shall be immediately effective for a period of not more than 48 hours, unless the director brings an action under subsection (a) of this Code section before the expiration of such period. Whenever the director brings such an action within such period, such order shall be effective for such period of time as may be authorized by the court pending litigation or thereafter.
12-7-15. (a)(1) Except as provided in paragraph (2) of this subsection, any Any person who violates any provision of this chapter, the rules and regulations adopted pursuant hereto to this chapter, or any permit condition or limitation established pursuant to this chapter or who negligently or intentionally fails or refuses to comply with any final or emergency order of the director issued as provided in this chapter shall be liable for a civil penalty not to exceed $2,500.00 per day. For the purpose of enforcing the provisions of this chapter, notwithstanding any provision in any city charter to the

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contrary, municipal courts shall be authorized to impose a penalty not to exceed $2,500.00 for each violation. Notwithstanding any limitation of law as to penalties which can be assessed for violations of county ordinances, any magistrate court or any other court of competent jurisdiction trying cases brought as violations of this chapter under county ordinances approved under this chapter shall be authorized to impose penalties for such violations not to exceed $2,500.00 for each violation. Each day during which the violation or failure or refusal to comply continues shall be a separate violation. (2) The following penalties shall apply to land-disturbing activities performed in violation of any provision of this chapter, any rules and regulations adopted pursuant hereto, or any permit condition or limitation established pursuant to this chapter:
(A) The director or the issuing authority shall assess and collect a minimum penalty of $250.00 per day for each violation involving the construction of a single-family dwelling by or under contract with the owner for his or her own occupancy; and (B) The director or the issuing authority shall assess and collect a minimum penalty of $1,000.00 per day for each violation involving land-disturbing activities other than as provided in subparagraph (A) of this paragraph. (b) Whenever the director has reason to believe that any person has violated any provision of this chapter, any rule or regulation adopted pursuant hereto, or any permit condition or has negligently or intentionally failed or refused to comply with any final order or emergency order of the director, he may, upon written request, cause a hearing to be conducted before a hearing officer appointed by the board. Upon finding that such person has violated any provision of this chapter, any rule or regulation adopted pursuant hereto, or any permit condition or has negligently or intentionally failed or refused to comply with any final order or emergency order of the director, the hearing officer shall issue his decision imposing civil penalties as provided in this Code section. Such hearing and any administrative or judicial review thereof shall be conducted in accordance with Code Section 12-7-16. (c) In rendering a decision under this Code section imposing civil penalties, the hearing officer shall consider all factors which are relevant, including, but not limited to, the following: (1) The amount of civil penalty necessary to ensure immediate and continued compliance and the extent to which the violator may have profited by failing or delaying to comply; (2) The character and degree of impact of the violation or failure on the natural resources of the state, especially on any rare or unique natural phenomena; (3) The conduct of the person incurring the civil penalty in promptly taking all feasible steps and procedures necessary or appropriate to comply or to correct the violation or failure; (4) Any prior violations or failures to comply by such person with statutes, rules, regulations, orders, or permits administered, adopted, or issued by the director; (5) The character and degree of injury to or interference with public health or safety which is caused or threatened to be caused by such violation or failure; and

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(6) The character and degree of injury to or interference with reasonable use of property which is caused or threatened to be caused by such violation or failure. (d) This Code section shall apply only to violations, failures, or refusals to comply which occur in a municipality or county which is not certified pursuant to subsection (a) of Code Section 12-7-8.
12-7-16. All hearings on and review of contested matters, orders, or permits issued by or filed against the director and all hearings on and review of any other enforcement actions or orders initiated by the director under this chapter shall be provided and conducted in accordance with subsection (c) of Code Section 12-2-2. The hearing and review procedure provided in this Code section is to the exclusion of all other means of hearings or review.
12-7-17. (a) This chapter shall not apply to the following activities:
(1) Surface mining, as the same is defined in Code Section 12-4-72; (2) Granite quarrying and land clearing for such quarrying; (3) Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences, and other related activities which result in minor soil erosion; (4) The construction of single-family residences, when such are constructed by or under contract with the owner for his or her own occupancy, or the construction of single-family residences construction disturbs less than one acre and is not a part of a platted subdivision, a planned community, or an association of other residential lots consisting of more than two lots larger common plan of development or sale with a planned disturbance of equal to or greater than one acre and not otherwise exempted under this paragraph; provided, however, that construction of any such residence shall conform to the minimum requirements as set forth in subsection (b) of Code Section 12-7-6 and this paragraph. For single-family residence construction covered by the provisions of this paragraph, there shall be a buffer zone between the residence and any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of this title. In any such buffer zone, no land-disturbing activity shall be constructed between the residence and the point where vegetation has been wrested by normal stream flow or wave action from the banks of the trout waters. For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the director may grant variances to no less than 25 feet. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which are streams into which no other streams flow except for springs, the buffer shall be at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The minimum requirements of subsection (b) of Code Section 12-7-6 and the buffer zones provided by this paragraph shall be enforced by the issuing authority;

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(5) Agricultural operations as defined in Code Section 1-3-3 to include those practices involving the establishment, cultivation, or harvesting of products of the field or orchard; the preparation and planting of pasture land; farm ponds; dairy operations; livestock and poultry management practices; and the construction of farm buildings; (6) Forestry land management practices, including harvesting; provided, however, that when such exempt forestry practices cause or result in land-disturbing or other activities otherwise prohibited in a buffer, as established in paragraphs (15) and (16) of subsection (b) of Code Section 12-7-6, no other land-disturbing activities, except for normal forest management practices, shall be allowed on the entire property upon which the forestry practices were conducted for a period of three years after the completion of such forestry practices; (7) Any project carried out under the technical supervision of the Soil and Water Natural Resources Conservation Service of the United States Department of Agriculture; (8) Any project involving one and one-tenth acres or less than one acre of disturbed area; provided, however, that this exemption shall not apply to any land-disturbing activity within a larger common plan of development or sale with a planned disturbance of equal to or greater than one acre or within 200 feet of the bank of any state waters, and for purposes of this paragraph, 'state waters' excludes channels and drainageways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year round; provided, however, that any person responsible for a project which involves one and one-tenth acres or less less than one acre, which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or drainageway must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing contained in this chapter shall prevent a city or county which is an a local issuing authority from regulating any such project which is not specifically exempted by paragraph (1), (2), (3), (4), (5), (6), (7), (9), or (10) of this subsection Code section; (9) Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that such projects shall conform to the minimum requirements set forth in Code Section 12-7-6; provided, further, that construction or maintenance projects of the Department of Transportation or the State Road and Tollway Authority which disturb five one or more contiguous acres of land shall be subject to the provisions of Code Section 12-77.1; except where the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case a copy of a notice of intent under the state general permit shall be submitted to the local issuing authority, the local issuing authority shall enforce

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compliance with the minimum requirements set forth in Code Section 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; (10) Any land-disturbing activities conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, provided that any such land-disturbing activity shall conform to the minimum requirements set forth in Code Section 12-7-6; any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in Code Section 36-18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power; except where an electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in Code Section 36-18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case the local issuing authority shall enforce compliance with the minimum requirements set forth in Code Section 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; and (11) Public water system reservoirs Any public water system reservoir, except in any case where an existing impoundment built for hydroelectric power generation when at full level is within a distance of five miles downstream from the dam of such public water system reservoir. (b) Where subsection (a) of this Code section requires compliance with the minimum requirements set forth in Code Section 12-7-6, issuing authorities shall enforce compliance with the minimum requirements as if a permit had been issued and violations shall be subject to the same penalties as violations by permit holders.
12-7-18. No provision of this chapter shall authorize any person to violate Article 2 of Chapter 5 of this title, the 'Georgia Water Quality Control Act,' or the rules and regulations promulgated and approved thereunder under said article or to pollute any waters of this state as defined thereby in said article.
12-7-19. (a) After December 31, 2006, all persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land-disturbing activity shall meet the education and training certification requirements, dependent on their level of involvement with the process, as developed by the commission in consultation with the division and the Stakeholder Advisory Board created pursuant to Code Section 12-7-20. (b) No less than the following training programs shall be established:

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(1) A fundamentals seminar (Level 1) will be established which provides sufficient training to all participants as to the applicable laws, requirements, processes, and latest means and methods recognized by the state to effectively control erosion and sedimentation; (2) An advanced fundamentals seminar (Level 1) will be established which provides additional details of installation and maintenance of best management practices for both regulatory and nonregulatory inspectors and others; (3) An introduction to design seminar (Level 2) will be established which provides required training to design and review a successful erosion, sedimentation, and pollution control plan; (4) An awareness seminar (Level 1) will be established which provides information regarding the erosion and sediment control practices and processes in the state and which will include an overview of the systems, laws, and roles of the participants; and (5) A trainer and instructor seminar will be established for both Level 1 and Level 2 trainers and instructors which will provide the minimum training as to applicable laws and best management practices and design of erosion, sedimentation, and pollution control plans in the state. (c) Trainer and instructor qualifications will be established with the following minimum requirements: (1) Level 1 trainers and instructors shall meet at least the following minimum requirements and any other requirements as set by the commission:
(A) Education: four-year college degree or five years experience in the field of erosion and sediment control; (B) Experience: five-years experience in the field of erosion and sediment control. Where years of experience is used in lieu of the education requirement of subparagraph (A) of this paragraph, a total of ten years field experience is required; (C) Approval by the commission and the Stakeholder Advisory Board; and (D) Successful completion of the Level 1 trainer and instructor seminar found in paragraph (5) of subsection (b) of this Code section; and (2) Level 2 trainers and instructors shall meet at least the minimum requirements of a Level 1 trainer or instructor, any other requirements as set by the commission, and successful completion of the Level 2 trainer and instructor seminar created under paragraph (5) of subsection (b) of this Code section. (d) In addition to the requirements of subsection (c) of this Code section, the commission shall establish and any person desirous of holding certification must obtain a passing grade as established by the Stakeholder Advisory Board on a final exam covering the material taught in each mandatory seminar. Final exams may, at the discretion of the commission, serve in lieu of attendance at the seminar. (e)(1) A certification provided by achieving the requirements established by the commission shall expire no later than three years after its issuance. (2) A certified individual shall be required to attend and participate in at least four hours of approved continuing education courses, as established by the commission, every three years.

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(3) A certification may be extended or renewed by meeting requirements established by the commission. (4) Revocation procedures may be established by the commission in consultation with the division and the Stakeholder Advisory Board.
12-7-20. (a) There shall be a Stakeholder Advisory Board to consist of not more than 13 members. (b) Members shall be appointed by the Governor, shall serve at the pleasure thereof, and shall represent the following interests:
(1) The division; (2) The commission; (3) Soil and water conservation districts; (4) The Department of Transportation; (5) Municipal governments; (6) County governments; (7) Public utilities; (8) The engineering and design community; (9) The construction community; (10) The development community; (11) The environmental community; (12) The Erosion and Sediment Control Overview Council; and (13) Educators. (c) The Stakeholder Advisory Board shall elect one of its members as chairperson. The chairperson shall call all meetings of the Stakeholder Advisory Board. (d) The Stakeholder Advisory Board shall be responsible for working together with the division and the commission to establish, evaluate, and maintain the education and training program established pursuant to Code Section 12-7-19, including but not limited to reviewing course curricula, educational materials, and exam and testing procedures; evaluating trainer and instructor qualifications; and reviewing audit results performed by the commission. (e) The Stakeholder Advisory Board may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this Code section. Meetings shall be held on the written notice of the chairperson. The notice of a meeting shall set forth the date, time, and place of the meeting. Minutes shall be kept of all meetings. (f) A majority of the members shall constitute a quorum of the Stakeholder Advisory Board. The powers and duties of the Stakeholder Advisory Board shall be transacted, exercised, and performed only pursuant to an affirmative vote of a majority of those members present at a meeting at which a quorum is present. (g) Members of the Stakeholder Advisory Board shall not be entitled to any compensation for the rendering of their services to the Stakeholder Advisory Board.

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12-7-21. (a) In furtherance of its efforts to improve the quality of the natural resources of the state, the board shall appoint a panel of not more than 16 members to study the controls implemented pursuant to this chapter; the turbidity standards in place in the state; and any standards or indicators other than turbidity that may be more appropriate to assess the effectiveness and cost efficiencies of the controls. Members shall serve for terms ending three years after the date this Code section becomes effective. Such panel shall be appointed and such study shall commence in the calendar year this Code section becomes effective. Such study shall take into account the physiographic differences of various regions of the state. The panel shall complete its study and shall issue a report regarding such standards, indicators, and controls to the General Assembly not later than three years after the effective date of this Code section. Any changes recommended as a result of such study shall be at least as protective of water quality as those standards and practices set forth in this chapter as of the effective date of this Code section. (b) The study panel shall elect one of such panel members as chairperson. The chairperson shall call all meetings of the panel. (c) The panel may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this Code section. Meetings shall be held on the written notice of the chairperson. The notice of a meeting shall set forth the date, time, and place of the meeting. Minutes shall be kept of all meetings. (d) A majority of the members shall constitute a quorum of the panel. The powers and duties of the panel shall be transacted, exercised, and performed only pursuant to an affirmative vote of a majority of those members present at a meeting at which a quorum is present. (e) Members of the panel shall not be entitled to any compensation for the rendering of their services to the panel. (f) The funds necessary for the study and report authorized under this Code section shall come from funds appropriated to or otherwise available to the department. (g) This Code section shall stand repealed three years after the date it becomes effective.
12-7-22. In order to achieve efficiencies and economies for both the division and the regulated community by the use of electronic filing for certain application and reporting requirements of this chapter and National Pollution Discharge Elimination System permits, the division and the Pollution Prevention Assistance Division of the department shall jointly work toward implementing such an electronic filing and reporting system as soon as practicable and allowable under federal regulations.

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12-7-23. (a) Nothing in this chapter shall be construed as excluding any registered land surveyor in this state from such land surveying practices as may be incidental to the practice of his or her profession, including without limitation any and all associated reports; hydrological studies; soil erosion and sedimentation control plans; site plans; overall concept layout plans; water and sanitary sewer plans and layouts; plan and profile sheets; street grades; storm-water basins; water distribution systems; sanitary sewer systems; detail sheets for erosion control and specific materials such as sewer manholes, base, and paving; detention pond facilities; water quality facilities; analysis of surface-water runoff; pipe sizing; storm sewer design; open channel design; basic fluid mechanics; calculation and design of storm vessels transmitting storm water; and design of storm water management to include storm water detention and retention facilities. (b) Nothing in this chapter shall be construed so as to limit or exclude registered land surveyors within any county or municipality or consolidated government of this state from such land surveying or related practices as may be incidental to any land subdivision. For purposes of this subsection, 'subdivision' means division of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale, legacy, a new street, or a change in existing streets and includes resubdivision. Such term shall also include the process of opening of a new street or road where appropriate to the context; the process of subdividing; or a tract, parcel, or other area of land subdivided. (c) Nothing in this chapter shall exclude registered land surveyors in this state from the preparation of erosion and sediment control plans for the control of soil erosion and sediment resulting from a land-disturbing activity, storm-water management reports, drainage plans, and associated hydrology incidental to a tract or parcel of land subdivided. (d) The provisions of subsections (a), (b), and (c) of this Code section notwithstanding, registered land surveyors shall be subject to the requirements of Code Section 12-7-19."
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Stokes of the 72nd moves to amend the Committee substitute to HB 285 by inserting "(a)" at the beginning of line 2 of page 6.
By inserting between lines 11 and 12 of page 6 the following:
"(b) Nothing in this chapter shall be construed as to limit or exclude any design

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professional, including but not limited to any professional engineer or registered land surveyor, within any county, municipality, or consolidated government in this state from performing such professional services as may be incidental to the practice of his or her profession, including any and all soil erosion and sedimentation control plans, storm-water management reports including hydrological studies, and site plans, when such professional has demonstrated competence through such qualifications, education, experience, and licensing as required for practice in this state by applicable provisions of Title 43 related to such profession; provided, however, that any such person shall be subject to the requirements of Code Section 12-7-19.".
By adding quotation marks after the period at the end of line 16 of page 27.
By striking line 17 of page 27 through line 8 of page 28.

The following amendment was read and adopted:

Representative Jamieson of the 22nd moves to amend the Stokes amendment to HB 285 by inserting on line 7 following surveyor, "or Natural Resource Conservation Service employee,".

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks E Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G

Y Day Y Dean Y Deloach Y Dix
Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas

Y Mobley Y Moraitakis Y Morris Y Mosby E Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs

968
Y Bunn Burkhalter
Y Burmeister Y Butler N Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall E McClinton Y Millar Y Mills Y Mitchell

Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L E Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

On the adoption of the amendment, the ayes were 168, nays 3. The amendment, as amended, was adopted.

Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White N Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, 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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks E Broome Y Brown Y Bruce Y Buck Y Buckner, D

Y Day Y Dean Y Deloach Y Dix
Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Gardner Y Golick

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson
Jenkins Y Jones Y Jordan N Joyce Y Keen N Knox Y Lane Y Lewis Y Lord

Y Mobley Moraitakis
Y Morris Y Mosby E Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson

Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

TUESDAY, MARCH 4, 2003

Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner
Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall E McClinton Y Millar Y Mills Y Mitchell

Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L E Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

969
Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 166, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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

HR 353. By Representatives Oliver of the 121st, Post 2 and Barnard of the 121st, Post 1:
A RESOLUTION commending Nate Hybl and inviting him to appear before the House of Representatives; and for other purposes.

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

HB 279. By Representatives Moraitakis of the 42nd, Post 4 and Stephens of the 123rd:
A BILL to amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to provide for the use of certain electronic or computer devices in playing bingo; to provide for lease of bingo equipment from organizations not licensed to conduct bingo games; and for other purposes.

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JOURNAL OF THE HOUSE

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

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

Y Amerson Y Anderson Y Ashe
Bannister Barnard Y Barnes N Beasley-Teague Y Benfield Birdsong N Black Boggs N Bordeaux Y Borders N Bridges Y Brock Y Brooks E Broome Y Brown Y Bruce Y Buck Y Buckner, D N Buckner, G Bunn Y Burkhalter Y Burmeister Y Butler N Campbell N Casas N Chambers Y Channell Y Childers Y Coan Y Coleman, B N Cooper Y Crawford Y Cummings

N Day Y Dean Y Deloach Y Dix
Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H N Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall Y Hembree Y Henson N Hill, C

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston N Howard
Howell Y Hudson Y Hugley N Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox
Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox N Mangham Y Manning Y Marin Y Martin
Massey N Maxwell Y McBee Y McCall E McClinton Y Millar N Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby E Mosley Y Murphy, J N Murphy, Q Y Noel N Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S N Rice Y Richardson Y Roberts, J Y Roberts, L E Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L N Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A Y Williams, E Y Williams, R
Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 133, nays 28. The Bill, having received the requisite constitutional majority, was passed.

Representatives Beasley-Teague of the 48th, Post 2, Mangham of the 62nd, and Murphy of the 97th stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

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971

Representatives Lane of the 101st and Smyre of the 111th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 265. By Representatives Buck of the 112th, Hugley of the 113th, Buckner of the 109th, Smith of the 110th and Smyre of the 111th:
A BILL to amend an Act establishing the Municipal Court of Columbus, so as to change the compensation of the judge, clerk, and marshal of that court; and for other purposes.

The following Senate amendment was read:

Amend HB 265 by striking on line 18 page 2 the following: "of not less than 528.00 per annum..."

The following amendment was read and adopted:

Representative Buck of the 112th et al. move to amend the Senate amendment to HB 265 as follows:
Strike lines 1-3 of the Senate amendment and insert:
A BILL TO BE ENTITLED AN ACT
To amend an Act establishing the Municipal Court of Columbus, Georgia, approved August 12, 1915 (Ga. L. 1915, p. 63), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3780), and an Act approved April 4, 1997 (Ga. L. 1997, p. 3928), so as to change the compensation of the judge, clerk, and marshal of that court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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JOURNAL OF THE HOUSE

SECTION 1.
An Act establishing the Municipal Court of Columbus, Georgia, approved August 12, 1915 (Ga. L. 1915, p. 63), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3780), and an Act approved April 4, 1997 (Ga. L. 1997, p. 3928), is amended by striking Sections 10, 11, and 12 thereof and inserting in their respective places the following:
"SECTION 10. The salary of each judge of said court shall be 70 percent of the amount of the salary of the judges of the State Court of Muscogee County, as now or hereafter established for such state court judges, with such additional increases as may be granted after January 1, 2003, to the judges of the municipal court pursuant to an Act approved April 5, 1993 (Ga. L. 1993, p. 4849). The salary of the judge of said court shall be paid in equal monthly installments from the funds of Columbus, Georgia. Any sums received in the form of fees or salary by the judge of municipal court for serving as judge of the Magistrate Court of Muscogee County shall be included in and credited toward said judge's salary so that such judge will receive no additional compensation.
SECTION 11. The salary of the clerk of said court shall be 70 percent of the amount of the salary of the sheriff of Muscogee County, as that amount is now or hereafter established pursuant to general law, but such amount shall not include any supplement granted the sheriff by the governing authority of the county-wide government of Columbus, Georgia, pursuant to local or general law. The salary of the clerk of said court shall be paid in equal monthly installments from the funds of Columbus, Georgia.
SECTION 12. The salary of the marshal of said court shall be 70 percent of the amount of the salary of the sheriff of Muscogee County, as that amount is now or hereafter established pursuant to general law, but such amount shall not include any supplement granted the sheriff by the governing authority of the county-wide government of Columbus, Georgia, pursuant to local or general law. The salary of the marshal of said court shall be paid in equal monthly installments from the funds of Columbus, Georgia."
SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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973

Representative Buck of the 112th moved that the House agree to the Senate amendment, as amended by the House, to HB 265.
The motion prevailed.

The following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
SB 53. By Senators Cheeks of the 23rd, Starr of the 44th and Crotts of the 17th:
A BILL to be entitled an Act to amend Chapter 6A of Title 7 of the Official Code of Georgia Annotated, the "Georgia Fair Lending Act," so as to provide for exclusions to the definition of creditor; to exclude certain fees from the definition of points and fees; to provide for liability of creditors for violations of the Act; to provide for violations of the Act by brokers; to provide for related matters; to repeal conflicting laws; and for other purposes.

Representative Skipper of the 116th moved that further consideration of SB 53 be postponed until 2:50 P.M.

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

N Amerson Y Anderson Y Ashe N Bannister N Barnard
Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome
Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister

N Day Y Dean Y Deloach Y Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart N Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner N Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson

E Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James N Jamieson Y Jenkins N Jones Y Jordan N Joyce N Keen N Knox Y Lane N Lewis
Lord Y Lucas N Lunsford Y Maddox Y Mangham

Y Mobley Y Moraitakis Y Morris Y Mosby E Mosley N Murphy, J Y Murphy, Q Y Noel N Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell N Ralston Y Randall
Ray Y Reece, B N Reece, S N Rice N Richardson

Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs N Walker, L N Walker, R.L Y Warren

974
N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper N Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Hanner N Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson N Hill, C

Manning Y Marin N Martin N Massey N Maxwell Y McBee N McCall E McClinton N Millar N Mills Y Mitchell

N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor N Scott N Shaw N Sheldon Y Sholar

On the motion, the ayes were 97, nays 73. The motion prevailed.

Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

The following Bill of the House, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
HB 173. By Representatives Hill of the 81st, Snow of the 1st, Dodson of the 84th, Post 1, Williams of the 128th, Coleman of the 118th and others:
A BILL to amend Code Section 16-11-160 of the Official Code of Georgia Annotated, relating to use or possession of certain firearms during commission of certain offenses and enhanced criminal penalties therefor, so as to provide that it shall be unlawful for any person to possess or use a bulletproof vest during the commission or attempted commission of certain offenses; and for other purposes.

The following Committee amendment was read and withdrawn:

The Committee on Public Safety moves to amend HB 173 by striking from line 3 of page 1 the word "possess" and inserting in lieu thereof the word "wear".
By striking from line 4 of page 1 the words "or use".
By striking from line 13 of page 2 the words "possess or to use" and inserting in lieu thereof the word "wear".
By inserting on line 30 of page 2 immediately preceding the words "five years" the words "three to".

TUESDAY, MARCH 4, 2003

975

The following substitute, offered by Representatives Hill of the 81st and Stokes of the 72nd, was read:

A BILL
To amend Code Section 16-11-160 of the Official Code of Georgia Annotated, relating to use or possession of certain firearms during commission of certain offenses and enhanced criminal penalties therefor, so as to provide that it shall be unlawful for any person to wear a bulletproof vest during the commission or attempted commission of certain offenses; to provide penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-11-160 of the Official Code of Georgia Annotated, relating to use or possession of certain firearms during commission of certain offenses and enhanced criminal penalties therefor, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:
"16-11-160. (a)(1) It shall be unlawful for any person to possess or to use a machine gun, sawedoff rifle, sawed-off shotgun, or a firearm equipped with a silencer, as those terms are defined in Code Section 16-11-121, during the commission or the attempted commission of any of the following offenses: (1)(A) Aggravated assault as defined in Code Section 16-5-21; (2)(B) Aggravated battery as defined in Code Section 16-5-24; (3)(C) Robbery as defined in Code Section 16-8-40; (4)(D) Armed robbery as defined in Code Section 16-8-41; (5)(E) Murder or felony murder as defined in Code Section 16-5-1; (6)(F) Voluntary manslaughter as defined in Code Section 16-5-2; (7)(G) Involuntary manslaughter as defined in Code Section 16-5-3; (8)(H) Sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture controlled substances in violation of any provision of Article 2 of Chapter 13 of this title, the 'Georgia Controlled Substances Act'; (9)(I) Terroristic threats or acts as defined in Code Section 16-11-37; (10)(J) Arson as defined in Code Sections 16-7-60, 16-7-61, and 16-7-62; (11)(K) Influencing witnesses as defined in Code Section 16-10-93; and (12)(L) Participation in criminal gang activity as defined in Code Section 16-15-4. (2)(A) As used in this paragraph, the term 'bulletproof vest' means a bullet-resistant soft body armor providing, as a minimum standard, the level of protection known as 'threat level I,' which means at least seven layers of bullet-resistant material providing protection from at least three shots of 158-grain lead ammunition fired

976

JOURNAL OF THE HOUSE

from a .38 caliber handgun at a velocity of 850 feet per second. (B) It shall be unlawful for any person to wear a bulletproof vest during the commission or the attempted commission of any of the following offenses:
(i) Any crime against or involving the person of another in violation of any of the provisions of this title for which a sentence of life imprisonment may be imposed; (ii) Any felony involving the manufacture, delivery, distribution, administering, or selling of controlled substances or marijuana as provided in Code Section 1613-30; or (iii) Trafficking in cocaine, illegal drugs, marijuana, or methamphetamine as provided in Code Section 16-13-31. (b) Any person who violates paragraph (1) of subsection (a) of this Code section shall be guilty of a felony, and, upon conviction thereof, shall be punished by confinement for a period of ten years, such sentence to run consecutively to any other sentence which the person has received. Any person who violates paragraph (2) of subsection (a) of this Code section shall be guilty of a felony, and, upon conviction thereof, shall be punished by confinement for a period of one to five years, such sentence to run consecutively to any other sentence which the person has received. (c) Upon the second or subsequent conviction of a person under this Code section, the person shall be punished by life imprisonment. Notwithstanding any other law to the contrary, the sentence of any person which is imposed for violating this Code section a second or subsequent time shall not be suspended by a court or a probationary sentence imposed in lieu thereof. (d) The punishment prescribed for the violation of subsections (a) and (c) of this Code section shall not be probated or suspended as is provided by Code Section 17-10-7. (e) Any crime committed in violation of this Code section shall be considered a separate offense."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Franklin of the 17th et al. move to amend the Floor substitute to HB 173 by striking the quotation marks at the end of line 37 on page 2 and by inserting after lines 37 on page 2 the following:
"(f) Nothing in this Code section shall be construed to prohibit any person from using or possessing a bulletproof vest if such person does so without criminal intent.'".

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

TUESDAY, MARCH 4, 2003

Y Amerson N Anderson N Ashe N Bannister N Barnard N Barnes N Beasley-Teague N Benfield
Birdsong N Black N Boggs N Bordeaux N Borders N Bridges Y Brock N Brooks
Broome Y Brown N Bruce N Buck N Buckner, D N Buckner, G Y Bunn N Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers N Channell N Childers Y Coan N Coleman, B Y Cooper N Crawford N Cummings

N Day N Dean N Deloach N Dix N Dodson Y Dollar N Dooley Y Douglas N Drenner N Dukes Y Ehrhart Y Elrod N Epps Y Fleming N Floyd, H N Floyd, J N Fludd N Forster Y Franklin N Gardner Y Golick N Graves, D Y Graves, T N Greene
Greene-Johnson N Hanner N Harbin N Harper N Harrell
Heard, J N Heard, K Y Heath N Heckstall Y Hembree
Henson Y Hill, C

E Hill, C.A N Hill, V Y Hines N Holmes N Houston N Howard N Howell N Hudson N Hugley N Jackson N James N Jamieson N Jenkins Y Jones N Jordan Y Joyce Y Keen Y Knox N Lane Y Lewis N Lord
Lucas Y Lunsford N Maddox N Mangham
Manning N Marin Y Martin Y Massey Y Maxwell N McBee N McCall E McClinton Y Millar Y Mills N Mitchell

N Mobley N Moraitakis N Morris N Mosby E Mosley Y Murphy, J N Murphy, Q N Noel N Oliver, B N Oliver, M Y O'Neal N Orrock N Parham N Parrish N Parsons N Porter N Powell N Purcell Y Ralston N Randall E Ray N Reece, B Y Reece, S Y Rice Y Richardson N Roberts, J N Roberts, L
Rogers, C Y Rogers, Ch. N Royal Y Rynders N Sailor N Scott N Shaw Y Sheldon N Sholar

977
N Sims N Sinkfield N Skipper Y Smith, B N Smith, L N Smith, P N Smith, T N Smith, V N Smyre N Snow N Stanley-Turner N Stephens, E
Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas, A N Thomas, A.M N Thompson N Twiggs N Walker, L N Walker, R.L N Warren N Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 50, nays 116. The amendment was lost.

The Floor substitute was adopted.

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

978

JOURNAL OF THE HOUSE

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell
Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

E Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall E McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby E Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall E Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland N White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 167, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Lucas of the 105th stated that 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, having previously been read, was again taken up for consideration:

TUESDAY, MARCH 4, 2003

979

SB 53.

By Senators Cheeks of the 23rd, Starr of the 44th and Crotts of the 17th:
A BILL to be entitled an Act to amend Chapter 6A of Title 7 of the Official Code of Georgia Annotated, the "Georgia Fair Lending Act," so as to provide for exclusions to the definition of creditor; to exclude certain fees from the definition of points and fees; to provide for liability of creditors for violations of the Act; to provide for violations of the Act by brokers; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to amend the "Georgia Fair Lending Act"; to provide for revisions to certain definitions; to provide for changes in limitations on late payment charges; to specify when a reasonable, tangible net benefit occurs; to clarify that certain home loan refinancing shall not be presumed to be a flipping; to provide for reasonable attorneys fees; to provide for liability of creditors for violations of the Act; to provide for certain exceptions and limitations consistent with federal law; to provide the Department of Banking and Finance with express authority to promulgate rules and regulations; to provide for good faith reliance on guidance from the Department of Banking and Finance; 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 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by striking Chapter 6A, the "Georgia Fair Lending Act," and inserting in its place the following:
"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.

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JOURNAL OF THE HOUSE

(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 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

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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. (6)(7) 'Creditor' means a person who both regularly 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 and is a person to whom the debt arising from the home loan transaction is initially payable. Creditor shall also mean any person brokering a home loan, which shall include any person who directly or indirectly for compensation 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. A creditor shall not include: (A) a servicer; (B) an assignee; (C) a purchaser; or (D) any state or local housing finance agency or any other state or local governmental or quasi-governmental entity. (8)(7) '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) (17) of this Code section. (9)(8) '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) A a reverse mortgage transaction,; (B) A a loan that provides bridge temporary financing for the acquisition of land by the borrower and initial construction of a borrowers dwelling thereon or the initial construction of a borrowers dwelling on land owned by the borrower,; (C) A bridge loan made to a borrower pending the sale of the borrowers principal dwelling or a temporary loan made to a borrower and secured by the borrowers principal dwelling pending the borrowers obtaining permanent financing for such principal dwelling; (D) A loan secured by personal property including, but not limited to, a motor vehicle, motor home, boat, or watercraft and also secured by the borrowers principal dwelling to provide the borrower with potential income tax advantages when such personal property is the primary collateral for such loan; (E) A new loan secured by a borrowers principal dwelling as a result of a lien taken in connection with a debt previously contracted or incurred when the loan

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documents for such new loan do not include a mortgage, security deed, or deed to secure debt expressly securing such new loan; or (F) A a loan primarily for business, agricultural, or commercial purposes. (10)(9) '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)(10) 'Manufactured home' means a structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length or, when erected on site is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when erected on land secured in conjunction with the real property on which the manufactured home is located and connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of the United States Department of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. Such term does not include rental property or second homes or manufactured homes when not secured in conjunction with the real property on which the manufactured home is located. (12)(11) '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)(12) '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 for items under 12 C.F.R. 226.4(c)(7) 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

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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 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. Mortgage interest that may accrue in advance of payment in full of a loan made under a local, state, or federal government sponsored mortgage insurance or guaranty program, including a Federal Housing Administration program, shall not be considered to be a prepayment fee or penalty; (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;

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(iii) Bona fide fees paid to a federal or state government agency that insures payment of some portion of a home loan, including, but not limited to, the Federal Housing Administration, the Department of Veterans Affairs, the United States Department of Agriculture for rural development loans, or the Georgia Housing and Finance Authority; and (iv) Notwithstanding any provision to the contrary in this chapter, compensation in the form of premiums, commissions, or similar charges paid to a creditor or any affiliate of a creditor for the sale of: (I) title insurance; or (II) insurance against loss of or damage to property or against liability arising out of the ownership or use of property, 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)(13) 'Process,' 'processes,' or 'processing' means to act as a processor. (16)(14) '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)(15) 'Servicer' means the same as set forth in 24 C.F.R. 3500.2. (18)(16) 'Servicing' means the same as set forth in 24 C.F.R. 3500.2. (19)(17) '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)(18) '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 amount calculated as set forth in 12 C.F.R. 226.32(a) and under the Official Staff Commentary of the Board of Governors of the Federal Reserve System. 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 as the amount financed. (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

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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-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; 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 monthly 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 particular late payment and. If a late payment charge is deducted from a payment made on the home loan and such deduction results in a subsequent default on a subsequent payment, 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 imposed for such default. A lender may apply any payment made in the order of maturity to a prior periods payment due even if the result is late payment charges accruing on subsequent payments due; 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. (a) No creditor may knowingly or intentionally engage in the unfair act or practice of 'flipping' a home loan. Flipping occurs when a creditor makes a covered a home loan is

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the consummating of a high-cost 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 (b) The home loan refinancing transaction shall be presumed to be a flipping where a covered high-cost 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. Notwithstanding any provision to the contrary contained in this chapter, home loan refinancing transactions of first mortgage loans originated by, purchased by, or assigned to the Georgia Housing and Finance Authority shall not be presumed to be a flipping under this subsection. (c) Notwithstanding any provision to the contrary contained in this chapter, in any action instituted by a borrower who alleges that the defendant violated this Code section, the presiding judge may, in the judges discretion, allow reasonable attorneys fees to the prevailing party, such attorneys fees to be taxed as a part of the court costs and payable by the losing party upon a finding by the presiding judge that the party charged with the violation has willfully engaged in the act or practice and there was unwarranted refusal by such party to fully resolve the matter which constitutes the basis of such action.
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;

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(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. 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;

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(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 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 attorneys 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 attorneys 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

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day period after the effective date of the notice due to the application of a daily interest rate or the addition of late fees as allowed by this chapter, the notice shall give sufficient information to enable the borrower to calculate the amount at any point during the 30 day period; (ii) The date by which the borrower shall cure the default to avoid acceleration and initiation of foreclosure or other action to seize the home which date shall not be less than 30 days after the date the notice is effective and the name and address and phone number of a person to whom the payment or tender shall be made; (iii) That, if the borrower does not cure the default by the date specified, the creditor or servicer may take steps to terminate the borrowers ownership in the property by commencing a foreclosure proceeding or other action to seize the home; and (iv) The name and address of the creditor or servicer and the telephone number of a representative of the creditor or servicer whom the borrower may contact if the borrower disagrees with the creditors or servicers assertion that a default has occurred or the correctness of the creditors or servicers calculation of the amount required to cure the default; (14) A high-cost home loan shall not contain nor shall a creditor or servicer enforce a provision that permits a creditor or servicer, in its sole discretion, to accelerate the indebtedness. This paragraph does not prohibit acceleration of the loan in good faith due to the borrowers failure to abide by the material terms of the loan; and (15) All high-cost home loan 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 this chapter, no person other than a creditor shall be liable for any violation of this chapter. (c) Notwithstanding any other provision of law, a borrower of a covered high-cost 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

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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 creditor 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 attorneys 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 high-cost 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 under a high-cost home loan 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

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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 high-cost home loan agreement paid into the registry of the court as said payments are made; provided, however, that, if the borrower claims that he or she is entitled to all or any part of the funds and such claim is an issue of controversy in the litigation, the court shall order the clerk to pay to the creditor or any person the creditor may designate without delay only that portion of the funds to which the borrower has made no claim in the proceedings or may make such other order as is appropriate under the circumstances. That part of the funds which is a matter of controversy in the litigation shall remain in the registry of the court until a determination of the issues by the trial court. If either party appeals the decision of the trial court, that part of the funds equal to any sums found by the trial court to be due from the creditor or servicer to the borrower shall remain in the registry of the court until a final determination of the issues. The court shall order the clerk to pay to the creditor or any person the creditor may designate without delay the remaining funds in court and all payments of future home loan payments made into court pursuant to paragraph (1) of this subsection unless the borrower can show good cause that some or all of such payments should remain in court pending a final determination of the issues. (c) The remedies provided in this chapter shall be cumulative. (d) Any violation of this chapter may be enforced pursuant to Code Section 9-11-23. (e) The right of rescission granted and defined under 15 U.S.C. Section 1601, et seq., and a right of rescission for any violation of paragraph (1) or (2) of Code Section 7-6A3, any violation of Code Section 7-6A-4, or any violation of Code Section 7-6A-5 shall be available to a borrower of a high-cost home loan at any time during the term of the loan not to exceed a period of five years after the consummation of the loan. (f) The brokering of a home loan by a broker registered or licensed or required to be registered or licensed as a broker under the laws of this state or any other jurisdiction 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

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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 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

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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. The provisions of this chapter shall not apply to any bank, trust company, savings and loan, savings bank, credit union, or subsidiary thereof, respectively, that is chartered under the laws of this state or any other state only to the extent federal law precludes or preempts or has been determined to preclude or preempt the application of the provisions of this chapter to any federally chartered bank, trust company, savings and loan, savings bank, or credit union, respectively, and such federal preclusion or preemption shall apply only to the same type of state chartered entity as the federally chartered entity affected.
7-6A-13. Without limitations on the power conferred by Chapter 1 of this title, the Department of Banking and Finance shall have the authority to promulgate rules and regulations not inconsistent with law for the enforcement of this chapter to effectuate the purposes of this chapter and to clarify the meaning of terms. In complying with this chapter, a creditors good faith reliance on any formal or informal written guidance of the Department of Banking and Finance previously made available to the general public shall constitute prima-facie evidence of compliance with this chapter. The provisions of this Code section shall apply even if, following the reliance, such guidance is amended, rescinded, or determined by any judicial or other authority to be invalid."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Stephenson of the 60th, Post 1 moves to amend the Committee substitute to SB 53 as follows:

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On Page 8, line 23 by striking knowingly or intentionally.
Strike on Page 9, lines 6-12 and insert
(c)(11) In those instances when a borrower alleges that a creditor has engaged in flipping a home loan, such borrower shall provide such creditor with written notice of such allegation 30 days prior to and as a condition precedent to filing an action against such creditor, or, if a foreclosure is pending against the borrower, seven calendar days prior to the date of foreclosure.
(2) A creditor who proves that such flipping occured unintentionally shall not be liable to the borrower for those damages provided for in subsection (a) of Code Section 7-6A-7 but shall be required to make full restitution to the borrower including reasonable attorneys' fees not to exceed 15 percent of the amount of the recovery, if the case is settled prior to filing a court action.
(3) Notwithstanding any provision to the contrary contained in this chapter, in action instituted by a borrower who proves that the defendant intentionally violated this Code section, the provisions of subsection (a) of Code Section 7-6A-7 shall apply.

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

N Amerson Y Anderson Y Ashe N Bannister N Barnard N Barnes Y Beasley-Teague N Benfield
Birdsong N Black N Boggs N Bordeaux N Borders Y Bridges N Brock Y Brooks N Broome N Brown Y Bruce N Buck N Buckner, D N Buckner, G Y Bunn N Burkhalter N Burmeister

N Day Y Dean N Deloach N Dix N Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart N Elrod Y Epps N Fleming N Floyd, H N Floyd, J Y Fludd N Forster N Franklin Y Gardner N Golick N Graves, D N Graves, T N Greene Y Greene-Johnson

E Hill, C.A N Hill, V N Hines Y Holmes N Houston Y Howard N Howell N Hudson Y Hugley Y Jackson Y James N Jamieson N Jenkins N Jones Y Jordan N Joyce N Keen N Knox N Lane N Lewis N Lord Y Lucas N Lunsford Y Maddox Y Mangham

Y Mobley Y Moraitakis N Morris Y Mosby E Mosley N Murphy, J Y Murphy, Q N Noel N Oliver, B Y Oliver, M N O'Neal Y Orrock N Parham N Parrish N Parsons N Porter N Powell N Purcell N Ralston Y Randall E Ray N Reece, B N Reece, S N Rice N Richardson

N Sims Y Sinkfield N Skipper N Smith, B N Smith, L N Smith, P N Smith, T N Smith, V Y Smyre N Snow Y Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson N Stokes Y Stoner N Teilhet Y Teper Y Thomas, A Y Thomas, A.M
Thompson N Twiggs N Walker, L N Walker, R.L N Warren

N Butler N Campbell N Casas N Chambers N Channell Y Childers N Coan N Coleman, B N Cooper N Crawford
Cummings

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N Hanner N Harbin N Harper Y Harrell
Heard, J Y Heard, K N Heath N Heckstall N Hembree Y Henson N Hill, C

Manning N Marin N Martin N Massey N Maxwell N McBee N McCall E McClinton N Millar N Mills Y Mitchell

N Roberts, J Y Roberts, L N Rogers, C N Rogers, Ch. N Royal N Rynders Y Sailor N Scott N Shaw N Sheldon N Sholar

995
Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R N Wix N Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 50, nays 120. The amendment was lost.

The following amendment was read:

Representative Mangham of the 62nd et al. move to amend the Committee substitute to SB 53 by striking line 1 page 1 through 10. Strike line 10 page 17, and amend the same as follows:
A BILL TO BE ENTITLED AN ACT
To amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to amend the "Georgia Fair Lending Act"; to provide for revisions to certain definitions; to provide for changes in limitations on late payment charges; to provide for reasonable attorneys fees; to provide for liability of creditors for violations of the Act; to provide for certain exceptions and limitations consistent with federal law; to provide the Department of Banking and Finance with express authority to promulgate rules and regulations; to provide for good faith reliance on guidance from the Department of Banking and Finance; 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 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by striking Chapter 6A, the "Georgia Fair Lending Act," and inserting in its place the following:

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"CHAPTER 6A
7-6A-1. This chapter shall be known and may be cited as the 'Georgia Fair Lending Act.'
7-6A-2. As used in this chapter, the term:
(1) 'Acceleration' means a demand for immediate repayment of the entire balance of a home loan. (2) 'Affiliate' means any company that controls, is controlled by, or is under common control with another company, as set forth in 12 U.S.C. Section 1841, et seq. (3) 'Annual percentage rate' means the annual percentage rate for the loan calculated at closing according to the provisions of 15 U.S.C. Section 1606, the regulations promulgated thereunder by the Board of Governors of the Federal Reserve System, 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

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commitment for a home loan with a reasonably comparable term from either the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, whichever is greater, or (ii) for a home loan secured by a junior lien, the higher of (I) five and one-half percentage points above prime rate or (II) three percentage points above the required net yield for a 90 day standard mandatory delivery commitment for a loan with a reasonably comparable term from either the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, whichever is greater; (B) The total points and fees payable in connection with the loan, excluding not more than two bona fide discount points, exceed 3 percent of the total loan amount; or (C) The home loan is such that it is considered a high-cost home loan under this chapter. (6)(7) 'Creditor' means a person who both regularly 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 and is a person to whom the debt arising from the home loan transaction is initially payable. Creditor shall also mean any person brokering a home loan, which shall include any person who directly or indirectly for compensation 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. For a home loan originated by a person that closes a home loan in its own name in a table funding transaction, creditor includes the person to whom the obligation is initially assigned at or after settlement. As used in this paragraph, the term 'table funding' means the same as set forth in 24 C.F.R. 3500.2. A creditor shall not include: (A) a servicer; (B) an assignee; (C) a purchaser; or (D) any state or local housing finance agency or any other state or local governmental or quasi-governmental entity. (8)(7) '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) (18) of this Code section. (9)(8) '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) A a reverse mortgage transaction,; (B) A a loan that provides bridge temporary financing for the acquisition of land by

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the borrower and initial construction of a borrowers dwelling thereon or the initial construction of a borrowers dwelling on land owned by the borrower,; (C) A bridge loan made to a borrower pending the sale of the borrowers principal dwelling or a temporary loan made to a borrower and secured by the borrowers principal dwelling pending the borrowers obtaining permanent financing for such principal dwelling; (D) A purchase money loan secured by the purchased personal property including, but not limited to, a motor vehicle, motor home, boat, or watercraft and also secured by the borrowers principal dwelling to provide the borrower with potential income tax advantages when such personal property is the primary collateral for such loan, provided the total loan amount does not exceed the purchase price of the personal property and further provided that personal property shall not include materials for repairs or capital improvements to the borrowers principal dwelling; (E) A new loan other than a loan to modify, renew, or refinance an existing loan that includes in connection with a borrowers principal dwelling, a mortgage, security deed, or deed to secure debt secured by a borrowers principal dwelling as a result of a lien taken in connection with a debt previously contracted or incurred when the loan documents for such new loan do not include a mortgage, security deed, or deed to secure debt expressly securing such new loan; or (F) A a loan primarily for business, agricultural, or commercial purposes. (10)(9) '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)(10) 'Manufactured home' means a structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length or, when erected on site is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when erected on land secured in conjunction with the real property on which the manufactured home is located and connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of the United States Department of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. Such term does not include rental property or second homes or manufactured homes when not secured in conjunction with the real property on which the manufactured home is located. (12)(11) '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

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balance is repaid. (13)(12) '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 for items under 12 C.F.R. 226.4(c)(7) 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 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. Mortgage interest that may accrue in advance of payment in full of a loan made under a local, state, or federal government sponsored mortgage insurance or guaranty program, including a Federal Housing Administration program, shall not be considered to be a prepayment fee or penalty; (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;

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(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; (iii) Bona fide fees paid to a federal or state government agency that insures payment of some portion of a home loan, including, but not limited to, the Federal Housing Administration, the Department of Veterans Affairs, the United States Department of Agriculture for rural development loans, or the Georgia Housing and Finance Authority; and (iv) Notwithstanding any provision to the contrary in this chapter, reasonable compensation in the form of premiums, commissions, or similar charges paid to a creditor or any affiliate of a creditor for the sale of: (I) title insurance; or (II) insurance against loss of or damage to property or against liability arising out of the ownership or use of property, provided that the conditions in 12 C.F.R. 226.4(d)(2) are met. (14)(13) '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)(14) 'Process,' 'processes,' or 'processing' means to act as a processor. (16)(15) '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)(16) 'Servicer' means the same as set forth in 24 C.F.R. 3500.2. (18)(17) 'Servicing' means the same as set forth in 24 C.F.R. 3500.2. (19)(18) '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

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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)(19) '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 amount calculated as set forth in 12 C.F.R. 226.32(a) and under the Official Staff Commentary of the Board of Governors of the Federal Reserve System. 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 as the amount financed. (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-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; 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 monthly 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

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than once with respect to a single particular late payment and. If a late payment charge is deducted from a payment made on the home loan and such deduction results in a subsequent default on a subsequent payment, 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 imposed for such default. A lender may apply any payment made in the order of maturity to a prior periods payment due even if the result is late payment charges accruing on subsequent payments due; 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. (a) No creditor may engage in the unfair act or practice of 'flipping' a home loan. Flipping occurs when a creditor makes a covered a home loan is the consummating of a 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, but not limited to, the terms of both the new and refinanced loans, the cost of the new loan, and the borrowers circumstances. In addition, the (b) 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. Notwithstanding any provision to the contrary contained in this subsection, home loan refinancing transactions of first mortgage loans originated by, purchased by, or assigned to the Georgia Housing and Finance Authority shall not be presumed to be a flipping under this subsection.
(c)(1) In those instances when a borrower alleges that a creditor has engaged in flipping a home loan, such borrower shall provide such creditor with written notice of such allegation 30 days prior to and as a condition precedent to filing an action against such creditor or, if a foreclosure is pending against the borrower, seven calendar days prior to the date of foreclosure. (2) A creditor who proves that such flipping occurred unintentionally shall not be liable to the borrower for those damages provided for in subsection (a) of Code Section 7-6A-7 but shall be required to make full restitution to the borrower including

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reasonable attorneys fees not to exceed 15 percent of the amount of the recovery, if the case is settled prior to filing a court action. (3) Notwithstanding any provision to the contrary contained in this chapter, in any action instituted by a borrower who proves that the defendant intentionally violated this Code section, the provisions of subsection (a) of Code Section 7-6A-7 shall apply.
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; (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

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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 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

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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 attorneys 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 attorneys 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

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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, provided that this subsection shall not apply if the purchaser or assignee demonstrates by a preponderance of the evidence that a reasonable person exercising reasonable due diligence could not determine that the mortgage was a high-cost home loan. It shall be presumed that a purchaser or assignee has exercised such due diligence if the purchaser or assignee demonstrates by a preponderance of the evidence that the purchaser or assignee:
(1) Has in place at the time of the acquisition of the subject loans, policies that expressly prohibit its purchase or acceptance of assignment of any high-cost home loans; (2) Requires by contract that a seller or assignor of the home loans to the purchaser or assignee represents and warrants to the purchaser or assignee that either (A) the seller or assignor will not sell or assign any high-cost home loans to the purchaser or assignee or (B) that such seller or assignor is the beneficiary of such a representation and warranty from a previous seller or assignor; and (3) Exercises reasonable due diligence at the time of purchase or assignment of any home loans, or within a reasonable period of time from the purchase or assignment of home loans thereafter, intended to prevent the purchaser or assignee from purchasing or taking assignment of any high-cost home loans; or (4) Satisfies the requirements in paragraphs (1) and (2) of this subsection and establishes that a reasonable person exercising ordinary due diligence could not determine, based on the documentation required by 15 U.S.C. Section 1601, et seq., and the itemization of the amount financed and other disclosure of disbursements, that the loan was a high-cost home loan. (c) Notwithstanding any other provision of law, but limited to amounts required to

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reduce or extinguish the borrowers liability under the home loan plus amounts required to recover costs including reasonable attorneys fees, 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 acting only in an individual capacity may assert against any subsequent holder or assignee of the home loan:
(1) In the case of a high-cost home loan, within five years of the closing of the loan, any violation of this chapter in connection with a high-cost home loan as an original action or as a defense, claim, or counterclaim; (2) In the case of a home loan described in this paragraph (2), within five years of the closing of the loan, any flipping violation under Code Section 7-6A-4 as an original action or as a defense, claim, or counterclaim; and for this purpose home loans subject to this paragraph (2) shall only include any home loan in which, regardless of 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, (A) for a home loan secured by a first lien, four percentage points above prime rate, (B) for a home loan secured by a junior lien, five and one-half percentage points above prime rate, or (C) 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; and (3) At any time during the term of a high-cost home loan, after an action to collect on the home loan or foreclose on the collateral securing the home loan has been initiated, the debt arising from the home loan has been accelerated, or the home loan has become 60 days in default any defense, claim, or counterclaim. (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. (e) Nothing in this Code section shall be construed to limit the substantive rights, remedies, or procedural rights available to a borrower against any creditor, assignee, or holder under any other law.
7-6A-7. (a) Any person creditor 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

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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 attorneys 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 high-cost 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 under a high-cost home loan 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 high-cost 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

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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 by a broker registered or licensed or required to be registered or licensed as a broker under the laws of this state or any other jurisdiction 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 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

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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 municipality or county dependent upon the terms of home loans originated or serviced by such person or entity.
7-6A-12. The provisions of this chapter shall not apply to any bank, trust company, savings and loan, savings bank, credit union, or subsidiary thereof, respectively, that is chartered under the laws of this state or any other state only to the extent federal law precludes or preempts or has been determined to preclude or preempt the application of the provisions of this chapter to any federally chartered bank, trust company, savings and

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loan, savings bank, or credit union, respectively, and such federal preclusion or preemption shall apply only to the same type of state chartered entity as the federally chartered entity affected; provided, however, the provisions of this chapter, including subsection (f) of Code Section 7-6A-7, shall be applicable to an independent mortgage broker for any loan originated or brokered by the broker that is initially funded by any state or federally charted bank, trust company, savings and loan, savings bank, or credit union.
7-6A-13. Without limitations on the power conferred by Chapter 1 of this title, the Department of Banking and Finance shall have the authority to promulgate rules and regulations not inconsistent with law for the enforcement of this chapter to effectuate the purposes of this chapter and to clarify the meaning of terms; provided, however, that no rule, regulation, or guidance shall create a presumption or conclusion that the making of a home loan violates or complies with Code Section 7-6A-4. The department shall have the authority to investigate, proscribe, and prevent home loans that violate this chapter."
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.

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

N Amerson Y Anderson Y Ashe N Bannister N Barnard N Barnes Y Beasley-Teague N Benfield N Birdsong N Black N Boggs Y Bordeaux N Borders N Bridges N Brock Y Brooks N Broome N Brown Y Bruce

N Day Y Dean N Deloach N Dix N Dodson N Dollar N Dooley N Douglas Y Drenner Y Dukes N Ehrhart N Elrod Y Epps N Fleming N Floyd, H N Floyd, J Y Fludd N Forster N Franklin

E Hill, C.A Y Hill, V N Hines Y Holmes N Houston Y Howard Y Howell N Hudson Y Hugley Y Jackson Y James N Jamieson N Jenkins N Jones Y Jordan N Joyce N Keen N Knox N Lane

Y Mobley Y Moraitakis N Morris Y Mosby E Mosley N Murphy, J Y Murphy, Q Y Noel N Oliver, B Y Oliver, M N O'Neal Y Orrock N Parham N Parrish N Parsons N Porter N Powell N Purcell N Ralston

N Sims Y Sinkfield N Skipper N Smith, B N Smith, L N Smith, P N Smith, T N Smith, V Y Smyre N Snow Y Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson Y Stokes Y Stoner N Teilhet Y Teper Y Thomas, A

1012
N Buck N Buckner, D N Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers N Channell Y Childers N Coan
Coleman, B N Cooper N Crawford N Cummings

JOURNAL OF THE HOUSE

Y Gardner N Golick N Graves, D N Graves, T N Greene Y Greene-Johnson N Hanner N Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath N Heckstall N Hembree Y Henson N Hill, C

N Lewis N Lord Y Lucas N Lunsford Y Maddox Y Mangham
Manning N Marin N Martin N Massey N Maxwell N McBee N McCall E McClinton N Millar N Mills Y Mitchell

Y Randall E Ray N Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L N Rogers, C N Rogers, Ch. N Royal N Rynders N Sailor N Scott N Shaw N Sheldon N Sholar

Y Thomas, A.M Y Thompson N Twiggs N Walker, L N Walker, R.L N Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R N Wix N Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 52, nays 121. The amendment was lost.

The following amendment was read:

Representative Mangham of the 62nd et al. move to amend the Committee substitute to SB 53 by striking lines 30 through 36 of page 12 and lines 1 through 17 of page 13 and inserting in lieu thereof the following:
"(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, provided that this subsection shall not apply if the purchaser or assignee demonstrates by a preponderance of the evidence that a reasonable person exercising reasonable due diligence could not determine that the mortgage was a high-cost home loan. It shall be presumed that a purchaser or assignee has exercised such due diligence if the purchaser or assignee demonstrates by a preponderance of the evidence that the purchaser or assignee:

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(1) Has in place at the time of the acquisition of the subject loans, policies that expressly prohibit its purchase or acceptance of assignment of any high-cost home loans; (2) Requires by contract that a seller or assignor of the home loans to the purchaser or assignee represents and warrants to the purchaser or assignee that either (A) the seller or assignor will not sell or assign any high-cost home loans to the purchaser or assignee or (B) that such seller or assignor is the beneficiary of such a representation and warranty from a previous seller or assignor; and (3) Exercises reasonable due diligence at the time of purchase or assignment of any home loans, or within a reasonable period of time from the purchase or assignment of home loans thereafter, intended to prevent the purchaser or assignee from purchasing or taking assignment of any high-cost home loans; or (4) Satisfies the requirements in paragraphs (1) and (2) of this subsection and establishes that a reasonable person exercising ordinary due diligence could not determine, based on the documentation required by 15 U.S.C. Section 1601, et seq., and the itemization of the amount financed and other disclosures of disbursements, that the loan was a high-cost home loan. (c) Notwithstanding any other provision of law, but limited to amounts required to reduce or extinguish the borrowers liability under the home loan plus amounts required to recover costs including reasonable attorneys fees, 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 acting only in an individual capacity may assert against any subsequent holder or assignee of the home loan: (1) In the case of a high-cost home loan, within five years of the closing of the loan, any violation of this chapter in connection with a high-cost home loan as an original action or as a defense, claim, or counterclaim; (2) In the case of a home loan described in this paragraph, within five years of the closing of the loan, any flipping violation under Code Section 7-6A-4 as an original action or as a defense, claim, or counterclaim; and for this purpose home loans subject to this paragraph shall only include any home loan in which, regardless of 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, (A) for a home loan secured by a first lien, four percentage points above prime rate, (B) for a home loan secured by a junior lien, five and one-half percentage points above prime rate, or shall also include (C) a loan in which the total points and fees payable in connection with the loan, excluding not more than two bona fide discount points, exceeds 3 percent of the total loan amount; and (3) At any time during the term of a high-cost home loan, after an action to collect on

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the home loan or foreclose on the collateral securing the home loan has been initiated, the debt arising from the home loan has been accelerated, or the home loan has become 60 days in default any defense, claim, or counterclaim. (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. (e) Nothing in this Code section shall be construed to limit the substantive rights, remedies, or procedural rights available to a borrower against any creditor, assignee, or holder under any other law."

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

N Amerson Y Anderson Y Ashe N Bannister N Barnard N Barnes Y Beasley-Teague N Benfield N Birdsong N Black N Boggs Y Bordeaux N Borders N Bridges N Brock Y Brooks N Broome N Brown Y Bruce N Buck N Buckner, D N Buckner, G
Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers N Channell Y Childers N Coan N Coleman, B N Cooper

N Day Y Dean N Deloach N Dix N Dodson N Dollar N Dooley N Douglas Y Drenner Y Dukes N Ehrhart N Elrod Y Epps N Fleming N Floyd, H N Floyd, J Y Fludd N Forster N Franklin Y Gardner N Golick N Graves, D N Graves, T N Greene Y Greene-Johnson N Hanner N Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath
Heckstall N Hembree

E Hill, C.A Y Hill, V N Hines Y Holmes N Houston
Howard Y Howell N Hudson Y Hugley Y Jackson Y James N Jamieson N Jenkins N Jones Y Jordan N Joyce N Keen N Knox N Lane N Lewis N Lord Y Lucas N Lunsford Y Maddox Y Mangham
Manning Y Marin N Martin N Massey N Maxwell N McBee N McCall E McClinton N Millar

Y Mobley Y Moraitakis N Morris Y Mosby E Mosley N Murphy, J Y Murphy, Q Y Noel N Oliver, B Y Oliver, M N O'Neal Y Orrock N Parham N Parrish N Parsons N Porter N Powell N Purcell N Ralston Y Randall E Ray N Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L N Rogers, C N Rogers, Ch. N Royal N Rynders N Sailor N Scott N Shaw

N Sims Y Sinkfield N Skipper N Smith, B N Smith, L N Smith, P N Smith, T N Smith, V Y Smyre N Snow Y Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson N Stokes Y Stoner N Teilhet Y Teper Y Thomas, A Y Thomas, A.M N Thompson N Twiggs N Walker, L N Walker, R.L N Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R N Wix

N Crawford N Cummings

TUESDAY, MARCH 4, 2003

Y Henson N Hill, C

N Mills Y Mitchell

N Sheldon N Sholar

1015
N Yates Coleman, Speaker

On the adoption of the amendment, the ayes were 50, nays 121. The amendment was lost.

The following amendment was read:

Representative Mangham of the 62nd et al. move to amend the Committee substitute to SB 53 by striking lines 6 through 12 of page 9.

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

N Amerson Y Anderson Y Ashe
Bannister N Barnard N Barnes Y Beasley-Teague N Benfield N Birdsong N Black N Boggs Y Bordeaux N Borders N Bridges N Brock Y Brooks N Broome N Brown Y Bruce N Buck N Buckner, D N Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers N Channell N Childers N Coan

N Day Y Dean N Deloach N Dix N Dodson N Dollar N Dooley N Douglas Y Drenner Y Dukes N Ehrhart N Elrod Y Epps N Fleming N Floyd, H N Floyd, J Y Fludd N Forster N Franklin Y Gardner N Golick N Graves, D N Graves, T N Greene Y Greene-Johnson N Hanner N Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath

E Hill, C.A Y Hill, V N Hines Y Holmes N Houston
Howard Y Howell N Hudson Y Hugley Y Jackson Y James N Jamieson N Jenkins N Jones Y Jordan N Joyce N Keen N Knox N Lane N Lewis N Lord Y Lucas N Lunsford Y Maddox Y Mangham
Manning Y Marin N Martin N Massey N Maxwell N McBee N McCall

Y Mobley Y Moraitakis N Morris Y Mosby E Mosley N Murphy, J Y Murphy, Q Y Noel N Oliver, B N Oliver, M N O'Neal Y Orrock N Parham N Parrish N Parsons N Porter N Powell N Purcell N Ralston Y Randall E Ray N Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L N Rogers, C N Rogers, Ch. N Royal N Rynders N Sailor

N Sims Y Sinkfield N Skipper N Smith, B N Smith, L N Smith, P N Smith, T N Smith, V Y Smyre N Snow Y Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson N Stokes N Stoner N Teilhet Y Teper Y Thomas, A Y Thomas, A.M N Thompson N Twiggs N Walker, L N Walker, R.L N Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E

1016
N Coleman, B N Cooper N Crawford N Cummings

JOURNAL OF THE HOUSE

Y Heckstall N Hembree Y Henson N Hill, C

E McClinton N Millar N Mills Y Mitchell

N Scott N Shaw
Sheldon N Sholar

N Williams, R N Wix N Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 48, nays 123. The amendment was lost.

The following amendment was read:

Representative Mangham of the 62nd et al. move to amend the Committee substitute to SB 53 by striking line 25 of page 8 and inserting in lieu thereof the following:
"consummating of a home loan to a borrower that refinances an existing home".
By striking line 31 of page 8 and inserting in lieu thereof the following:
"covered home loan refinances an existing home loan that was consummated".

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

N Amerson Y Anderson Y Ashe N Bannister N Barnard N Barnes Y Beasley-Teague N Benfield N Birdsong N Black N Boggs Y Bordeaux N Borders N Bridges N Brock Y Brooks N Broome N Brown Y Bruce N Buck N Buckner, D N Buckner, G

N Day Y Dean N Deloach N Dix N Dodson N Dollar N Dooley N Douglas Y Drenner Y Dukes N Ehrhart N Elrod Y Epps N Fleming Y Floyd, H N Floyd, J Y Fludd N Forster N Franklin Y Gardner N Golick N Graves, D

E Hill, C.A Y Hill, V N Hines Y Holmes N Houston Y Howard Y Howell N Hudson Y Hugley Y Jackson Y James N Jamieson N Jenkins N Jones Y Jordan N Joyce N Keen N Knox N Lane N Lewis N Lord Y Lucas

Y Mobley Y Moraitakis N Morris Y Mosby E Mosley N Murphy, J Y Murphy, Q Y Noel N Oliver, B Y Oliver, M N O'Neal Y Orrock N Parham N Parrish N Parsons N Porter N Powell N Purcell N Ralston Y Randall E Ray N Reece, B

N Sims Y Sinkfield N Skipper N Smith, B N Smith, L N Smith, P N Smith, T N Smith, V Y Smyre N Snow Y Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson N Stokes Y Stoner N Teilhet Y Teper Y Thomas, A Y Thomas, A.M N Thompson N Twiggs

N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers N Channell N Childers N Coan N Coleman, B N Cooper N Crawford N Cummings

TUESDAY, MARCH 4, 2003

N Graves, T N Greene Y Greene-Johnson N Hanner N Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson N Hill, C

N Lunsford Y Maddox Y Mangham
Manning Y Marin N Martin N Massey N Maxwell N McBee N McCall E McClinton N Millar N Mills Y Mitchell

N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L N Rogers, C N Rogers, Ch. N Royal N Rynders N Sailor N Scott N Shaw N Sheldon N Sholar

1017
N Walker, L N Walker, R.L N Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R N Wix N Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 52, nays 122. The amendment was lost.

The following amendment was read:

Representative Mangham of the 62nd et al. move to amend the Committee substitute to SB 53 by striking lines 1 through 10 of page 17 and inserting in lieu thereof the following:
"7-6A-13. Without limitation on the power conferred by Chapter 1 of this title, the Department of Banking and Finance shall have the authority to investigate, proscribe, and prevent home loans that violate this chapter and shall have the authority to promulgate rules and regulations not inconsistent with law for the enforcement of this chapter, to effectuate the purposes of this chapter, and to clarify the meaning of terms, provided that no rules, regulations, or guidance shall create a presumption or conclusion that the making of a home loan violates or complies with Code Section 7-6A-4."

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

N Amerson Y Anderson N Ashe N Bannister N Barnard N Barnes Y Beasley-Teague

N Day Y Dean N Deloach N Dix N Dodson N Dollar Y Dooley

E Hill, C.A Y Hill, V N Hines Y Holmes N Houston Y Howard Y Howell

Y Mobley N Moraitakis N Morris Y Mosby E Mosley N Murphy, J Y Murphy, Q

N Sims Y Sinkfield N Skipper N Smith, B N Smith, L N Smith, P N Smith, T

1018
N Benfield N Birdsong N Black N Boggs Y Bordeaux N Borders N Bridges N Brock Y Brooks N Broome N Brown Y Bruce
Buck N Buckner, D N Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers N Channell Y Childers N Coan N Coleman, B N Cooper N Crawford
Cummings

JOURNAL OF THE HOUSE

N Douglas Y Drenner Y Dukes N Ehrhart N Elrod Y Epps N Fleming N Floyd, H N Floyd, J Y Fludd N Forster N Franklin Y Gardner N Golick N Graves, D N Graves, T N Greene Y Greene-Johnson N Hanner N Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson N Hill, C

N Hudson Y Hugley Y Jackson Y James N Jamieson
Jenkins N Jones Y Jordan N Joyce N Keen N Knox N Lane N Lewis N Lord Y Lucas N Lunsford Y Maddox Y Mangham
Manning Y Marin N Martin N Massey N Maxwell N McBee N McCall E McClinton N Millar N Mills Y Mitchell

Y Noel N Oliver, B N Oliver, M N O'Neal Y Orrock N Parham N Parrish N Parsons N Porter N Powell N Purcell N Ralston Y Randall E Ray N Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L
Rogers, C N Rogers, Ch. N Royal N Rynders N Sailor N Scott N Shaw N Sheldon N Sholar

N Smith, V Y Smyre N Snow Y Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson N Stokes Y Stoner N Teilhet N Teper Y Thomas, A Y Thomas, A.M Y Thompson N Twiggs Y Walker, L N Walker, R.L N Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R N Wix N Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 51, nays 119. The amendment was lost.

The following amendment was read:

Representative Mangham of the 62nd et al. move to amend the Committee substitute to SB 53 by striking line 17 of page 3 and inserting in lieu thereof the following:
"services in association with the closing of a home loan. For a home loan originated by a person that closes a home loan in its own name in a table funding transaction, creditor includes the person to whom the obligation is initially assigned at or after settlement. As used in this paragraph, the term 'table funding' means the same as set forth in 24 C.F.R. 3500.2. A creditor shall not include: (A)".

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

TUESDAY, MARCH 4, 2003

follows:

N Amerson Y Anderson Y Ashe N Bannister N Barnard N Barnes Y Beasley-Teague N Benfield N Birdsong N Black N Boggs Y Bordeaux N Borders N Bridges N Brock Y Brooks N Broome N Brown Y Bruce N Buck N Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers N Channell Y Childers N Coan N Coleman, B N Cooper N Crawford N Cummings

N Day Y Dean
Deloach N Dix N Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart N Elrod Y Epps N Fleming Y Floyd, H N Floyd, J Y Fludd N Forster N Franklin N Gardner N Golick N Graves, D N Graves, T N Greene Y Greene-Johnson N Hanner N Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson N Hill, C

E Hill, C.A Y Hill, V N Hines Y Holmes N Houston Y Howard Y Howell N Hudson Y Hugley Y Jackson Y James N Jamieson N Jenkins N Jones Y Jordan N Joyce N Keen N Knox N Lane N Lewis N Lord Y Lucas N Lunsford Y Maddox Y Mangham
Manning Y Marin N Martin N Massey N Maxwell N McBee N McCall E McClinton N Millar N Mills Y Mitchell

Y Mobley Y Moraitakis N Morris Y Mosby E Mosley N Murphy, J Y Murphy, Q Y Noel N Oliver, B Y Oliver, M N O'Neal Y Orrock N Parham N Parrish N Parsons N Porter N Powell N Purcell N Ralston Y Randall E Ray N Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L N Rogers, C N Rogers, Ch. N Royal N Rynders Y Sailor N Scott N Shaw N Sheldon N Sholar

1019
N Sims Y Sinkfield N Skipper N Smith, B N Smith, L N Smith, P N Smith, T N Smith, V Y Smyre N Snow Y Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson N Stokes Y Stoner N Teilhet Y Teper Y Thomas, A Y Thomas, A.M N Thompson N Twiggs N Walker, L N Walker, R.L N Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R N Wix N Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 55, nays 118. The amendment was lost.

The following amendment was read:

Representative Porter of the 119th et al. move to amend the Committee substitute to SB 53 by striking lines 3 through 6 of page 1 and inserting in lieu thereof the following:

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JOURNAL OF THE HOUSE

"to provide for changes in limitations on late payment charges; to clarify that certain home loan refinancing shall not be presumed to be a flipping; to provide for reasonable attorneys fees; to provide for liability of creditors for violations of the Act; to specify when and against whom a borrower may assert claims and defenses for violations of the Act; to provide for limits on liability for violations of the Act under certain circumstances; to provide for certain exceptions and limitations".
By striking lines 23 through 31 of page 8 and inserting in lieu thereof the following:
"(a) No creditor may knowingly or intentionally engage in the unfair act or practice of 'flipping' a home loan. Flipping occurs when a creditor makes a covered a home loan is the consummating of a 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, but not limited to, the terms of both the new and refinanced loans, the cost of the new loan, and the borrowers circumstances. In addition, the (b) 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".
By striking lines 6 through 12 of page 9 and inserting in lieu thereof the following:
"(c) Notwithstanding any provision to the contrary contained in this chapter regarding costs and attorneys fees, in any action instituted by a borrower who alleges that the defendant violated this Code section, the borrower shall be entitled to costs and attorneys fees only if the presiding judge, in the judges discretion, allows reasonable attorneys fees and costs to the borrower as prevailing party, such fees and costs to be taxed as a part of the court costs and payable by the losing party upon a finding by the presiding judge that the party charged with the violation has willfully engaged in the act or practice and there was unwarranted refusal by such party to fully resolve the matter which constitutes the basis of such action."
By striking lines 1 through 11 of page 13 and inserting in lieu thereof the following:
"(b) Notwithstanding any other provision of law, any person who purchases, or is assigned, or otherwise assigned becomes a holder of a high-cost home loan shall be subject to all affirmative claims and any defenses with respect to the high-cost home loan that the borrower could assert against the original creditor or creditors of the highcost home loan, unless the purchaser or holder demonstrates, by a preponderance of the evidence, that the purchaser or holder exercised reasonable due diligence at the time of purchase of the home loans, or within a reasonable time thereafter, intended to prevent the purchaser or holder from purchasing or taking assignment of high-cost home loans. (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,

TUESDAY, MARCH 4, 2003

1021

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 The relief granted in an action pursuant to subsection (b) of this Code section:
(1) May be asserted by the borrower only in an individual action and shall not exceed the sum of the amount of all remaining indebtedness of the borrower under such loan and reasonable attorneys fees in such individual action; (2) May be sought by the borrower of a high-cost home loan after notice of acceleration or foreclosure of the high-cost home loan, asserting a violation of Code Section 7-6A-4 or 7-6A-5 in an individual action to enjoin foreclosure or to preserve or obtain possession of the home secured by the high-cost home loan; and (3) Must be brought within one year from the date of the occurrence of the violation; provided, however, a borrower shall not be barred from asserting a violation of Code Section 7-6A-5 in an action to collect the debt which was brought more than one year from the date of the occurrence of such a violation as a matter of defense by recoupment or set-off in such action except as otherwise provided by law."
By striking line 33 of page 16 and inserting in lieu thereof the following:
"type of state chartered entity as the federally chartered entity affected; provided, however, the provisions of this chapter, including subsection (f) of Code Section 76A-7, shall be applicable to an independent mortgage broker for any loan originated or brokered by the broker that is initially funded by any state or federally chartered bank, trust company, savings and loan, savings bank, or credit union."

The following amendment was read:

Representative Barnard of the 121st, Post 1 et al. move to amend the Porter amendment to SB 53 by inserting "high-cost" after "consummating of a" on line 13 of page 1.
By inserting "high-cost" after "covered" on line 19 of page 1.

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

Y Amerson N Anderson N Ashe Y Bannister Y Barnard

Y Day N Dean Y Deloach N Dix Y Dodson

E Hill, C.A N Hill, V Y Hines N Holmes Y Houston

N Mobley N Moraitakis Y Morris N Mosby E Mosley

Y Sims N Sinkfield N Skipper Y Smith, B Y Smith, L

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JOURNAL OF THE HOUSE

Y Barnes N Beasley-Teague N Benfield N Birdsong Y Black Y Boggs N Bordeaux Y Borders Y Bridges Y Brock N Brooks Y Broome Y Brown N Bruce N Buck N Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell N Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Dollar N Dooley Y Douglas N Drenner N Dukes Y Ehrhart Y Elrod N Epps Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin N Gardner Y Golick Y Graves, D Y Graves, T Y Greene N Greene-Johnson Y Hanner Y Harbin Y Harper N Harrell Y Heard, J N Heard, K Y Heath N Heckstall Y Hembree N Henson Y Hill, C

N Howard N Howell Y Hudson N Hugley N Jackson N James Y Jamieson Y Jenkins Y Jones N Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord N Lucas Y Lunsford N Maddox N Mangham
Manning N Marin Y Martin Y Massey Y Maxwell N McBee Y McCall E McClinton Y Millar Y Mills N Mitchell

Y Murphy, J N Murphy, Q N Noel Y Oliver, B N Oliver, M Y O'Neal N Orrock N Parham Y Parrish Y Parsons N Porter Y Powell Y Purcell Y Ralston N Randall E Ray N Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J N Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

N Smith, P Y Smith, T Y Smith, V N Smyre Y Snow N Stanley-Turner N Stephens, E Y Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas, A N Thomas, A.M N Thompson N Twiggs Y Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 102, nays 72. The amendment 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.

The Porter amendment, as amended, was adopted.

The following amendment was read and withdrawn:

Representative Floyd of the 132nd moves to amend the Committee substitute to SB 53 by

TUESDAY, MARCH 4, 2003 striking lines 2 through 5 of page 9 and inserting in lieu thereof the following:
"or more of the benefits of the special mortgage."

1023

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 Amerson N Anderson Y Ashe Y Bannister Y Barnard Y Barnes N Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs N Bordeaux Y Borders Y Bridges Y Brock N Brooks Y Broome Y Brown N Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day N Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas N Drenner N Dukes Y Ehrhart Y Elrod N Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin N Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper N Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree N Henson Y Hill, C

E Hill, C.A Y Hill, V Y Hines N Holmes Y Houston Y Howard Y Howell Y Hudson N Hugley N Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox N Mangham
Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall E McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris N Mosby E Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal N Orrock Y Parham Y Parrish Y Parsons Y Porter
Powell Y Purcell Y Ralston Y Randall E Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J N Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims N Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow N Stanley-Turner N Stephens, E Y Stephens, R N Stephenson Y Stokes Y Stoner Y Teilhet Y Teper N Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

1024

JOURNAL OF THE HOUSE

On the passage of the Bill, by substitute, as amended, the ayes were 148, nays 25.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Gardner of the 42nd, Post 3 stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

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.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Natural Resources & Environment and referred to the Committee on State Planning & Community Affairs:

HB 519. By Representatives Rogers of the 20th, Reece of the 21st, Mills of the 67th, Post 2, Amerson of the 9th, Murphy of the 14th, Post 2 and others:
A BILL to amend Code Section 12-3-318 of the Official Code of Georgia Annotated, relating to purposes for which income, gifts, grants, appropriations, bonds, or loans may be used by the Lake Lanier Islands Development Authority, so as to require certain allocation of certain funds received by the authority; and for other purposes.

The following communication was received:
House of Representatives Legislative Office Building, Room 607
Atlanta, Georgia 30334
March 3, 2003
Robert E. Rivers, Clerk of the House 309 State Capitol Atlanta, GA 30334

TUESDAY, MARCH 4, 2003

1025

Dear Robbie,
I became sick on Thursday, February 27th on the House floor, and was out sick on Friday, February 28th. Because of this, I was not able to cast my vote on HB 237.
My intentions were to vote in favor of that bill.
Sincerely,
/s/ Judy Manning State Representative District 32
JM/tj

Representative Skipper of the 116th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

1026

JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia
Wednesday, March 5, 2003

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

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

Amerson Anderson Ashe Bannister Barnard Barnes Beasley-Teague Birdsong Black Boggs Borders Bridges Brock Brooks Broome Brown Buck Buckner, D Bunn Burkhalter Burmeister Butler Campbell Casas Chambers Channell Childers

Coleman, B Cooper Crawford Cummings Day Deloach Dodson Dollar Dooley Douglas Drenner Dukes Ehrhart Elrod Fleming Floyd, J Fludd Forster Franklin Gardner Golick Graves, D Graves, T Greene Greene-Johnson Harbin Harper

Harrell Heath Henson Hill, C E Hill, C.A Hill, V Hines Houston Howard Howell Hudson Hugley James Jones Jordan Knox Lane Lewis Lord Lunsford Marin Martin McBee E McClinton Millar Mills Mitchell

Mosby Mosley Murphy, J Murphy, Q Noel Oliver, B O'Neal Parrish Parsons Purcell Ralston Randall E Ray E Reece, B Reece, S Rice Richardson Roberts, J Roberts, L Rogers, C Rogers, Ch. Royal Rynders Shaw Sheldon Sholar

Sims Skipper Smith, L Smith, P E Smith, T Smith, V Stephens, E Stephens, R Stokes Stoner Teilhet Teper Thomas, A Thomas, A.M Thompson Twiggs Warren Westmoreland White Wilkinson Willard Williams, A Williams, E Williams, R Wix Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Bordeaux of the 125th, Bruce of the 45th, Dean of the 49th, Dix of the 70th, Post 2, Epps of the 90th, Floyd of the 69th, Post 2, Hanner of the 133rd, Heckstall of the 48th, Post 3, Hembree of the 46th, Holmes of the 48th, Post 1, Jackson of the 124th, Post 1, Jenkins of the 93rd, Keen of the 146th, Lucas of the 105th, Mangham of the 62nd, Maxwell of the 27th, McCall of the 78th, Mobley of the 58th, Moraitakis of the 42nd, Post 4, Morris of the 120th, Oliver of the 56th, Post 2, Orrock of the 51st, Porter of the 119th, Powell of the 23rd, Scott of the 138th, Sinkfield of the 50th, Smith of the 76th, Smyre of the 111th, Stanley-Turner of the 43rd, Post 2, Stephenson of the 60th,

WEDNESDAY, MARCH 5, 2003

1027

Post 1, Walker of the 115th, Watson of the 60th, Post 2, and Yates of the 85th, Post 1. They wish to be recorded as present.

Prayer was offered by the Reverend Dr. R. L. White, Jr., Pastor, Mount Ephraim Baptist Church, Atlanta, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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

HB 672. By Representatives Jones of the 38th, Sheldon of the 71st, Post 2, Drenner of the 57th, Burkhalter of the 36th, Martin of the 37th and others:

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JOURNAL OF THE HOUSE
A BILL to amend Code Section 12-6-24 of the Official Code of Georgia Annotated, relating to providing notice of timber harvesting operations, so as to limit the effect on local regulation of certain timber harvesting operations; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

HB 673. By Representatives Epps of the 90th and Brown of the 89th:
A BILL to create the City of LaGrange Gas Authority and to provide for the appointment of members of the authority; and for other purposes.

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

HB 674. By Representatives Forster of the 3rd, Post 1, Ralston of the 6th and White of the 3rd, Post 2:
A BILL to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County, so as to stagger the terms of the members of the board of commissioners of Fannin County; and for other purposes.

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

HB 675. By Representatives Jones of the 38th, Hines of the 35th, Burkhalter of the 36th, Campbell of the 39th and Sheldon of the 71st, Post 2:
A BILL to amend Article 3 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to filling of vacancies by appointment of the Governor, so as to specify a limited period when certain judicial vacancies shall not be filled; and for other purposes.

Referred to the Committee on Judiciary.

HB 676. By Representatives Millar of the 52nd, McCall of the 78th, Willard of the 40th, Campbell of the 39th and Drenner of the 57th:

WEDNESDAY, MARCH 5, 2003

1029

A BILL to amend Article 2 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to motor vehicle emission inspection and maintenance, so as to define a term; to change certain provisions regarding scope of application of said article; to change certain provisions regarding time frames for startup of inspection and maintenance programs; to provide for a motor vehicle emissions fund to support emissions reduction programs; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 677. By Representatives Smith of the 87th, Greene of the 134th, Royal of the 140th, Westmoreland of the 86th, Golick of the 34th, Post 3 and others:
A BILL to amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection through state income tax refunds, so as to provide for setoff of a state income tax refund due an individual against debt to the Department of Corrections for probation fees or debt to another for restitution ordered by a court as part of the sentence after conviction of a crime in certain circumstances; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 678. By Representatives Rice of the 64th, Massey of the 24th and Rogers of the 15th:
A BILL to amend Code Section 40-5-67.1 of the Official Code of Georgia Annotated, relating to chemical tests, 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, so as to provide that district attorneys and solicitors may represent the arresting law enforcement officer to assist with proper presentation of the case; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 679. By Representatives Oliver of the 56th, Post 2, Watson of the 60th, Post 2, Henson of the 55th, Benfield of the 56th, Post 1 and Drenner of the 57th:

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JOURNAL OF THE HOUSE
A BILL to amend Code Section 48-5-24 of the Official Code of Georgia Annotated, relating to payment of taxes to counties in which returns are made, installment payments, and interest and penalty on delinquent tax payments, so as to make certain provisions regarding installment payments of taxes applicable statewide; to provide for the inclusion of fees, service charges, and assessments which are billed with taxes; to eliminate the payment provisions for intangible taxes; and for other purposes.

Referred to the Committee on Ways & Means.

HB 680. By Representatives Epps of the 90th, Graves of the 106th, Floyd of the 132nd, Greene of the 134th, Crawford of the 91st and others:
A BILL to amend Article 4A of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to cashing checks, drafts, or money orders for consideration, so as to change the exemption requirement for licensure for certain businesses that are engaged in check cashing; and for other purposes.

Referred to the Committee on Regulated Industries.

HB 681. By Representatives Holmes of the 48th, Post 1, Beasley-Teague of the 48th, Post 2, Brooks of the 47th, Ashe of the 42nd, Post 2, Stanley-Turner of the 43rd, Post 2 and others:
A BILL to continue the existence of the Atlanta Independent School System under the management and control of the Atlanta Board of Education; and for other purposes.

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

HB 682. By Representatives Amerson of the 9th and Ralston of the 6th:
A BILL to create a Board of Elections and Registration of Lumpkin County; and for other purposes.

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

WEDNESDAY, MARCH 5, 2003

1031

HB 683. By Representatives Snow of the 1st and Campbell of the 39th:
A BILL to amend Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to prosecution of traffic offenses, so as to extensively revise certain provisions relating to traffic violations bureaus; to provide for establishment and jurisdiction of traffic violations bureaus; to provide for prosecution of certain misdemeanor traffic offenses; and for other purposes.

Referred to the Committee on Public Safety.

HB 684. By Representative Twiggs of the 8th:
A BILL to amend, restate, revise, and modernize the law relating to the Board of Commissioners of Rabun County; to provide for commissioner districts; to provide for the election, qualifications and filling of vacancies of members of said board; and for other purposes.

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

HR 354. By Representatives Forster of the 3rd, Post 1, Butler of the 88th, Post 1, Williams of the 128th, Noel of the 44th, Williams of the 61st, Post 2 and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that no person shall be eligible to serve more than ten terms in each house of the General Assembly; to provide that no person shall be eligible to serve more than two consecutive terms as Lieutenant Governor; to provide that no person shall be eligible to serve more than five terms as Speaker of the House of Representatives; and for other purposes.

Referred to the Committee on Governmental Affairs.

HR 355. By Representatives Forster of the 3rd, Post 1, Williams of the 128th, Howell of the 92nd, Stephens of the 124th, Post 2, Williams of the 61st, Post 2 and others:
A RESOLUTION proposing an amendment to the Constitution so as to

1032

JOURNAL OF THE HOUSE
provide that persons elected to office who were the nominees of political parties and bodies may not change their party affiliation except under certain circumstances; to provide for the vacation of the person's office under certain circumstances; and for other purposes.

Referred to the Committee on Governmental Affairs.

HR 356. By Representatives Millar of the 52nd, McCall of the 78th, Willard of the 40th, Campbell of the 39th and Drenner of the 57th:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for a motor vehicle emissions fund and provide for allocations and dedication of certain revenue to such fund; to provide that moneys paid into such fund shall not lapse; and for other purposes.

Referred to the Committee on Appropriations.

HR 357. By Representatives McCall of the 78th, Purcell of the 122nd, Ray of the 108th and Roberts of the 131st:
A RESOLUTION recognizing America's search and rescue dogs, commending their handlers and related organizations, and authorizing and directing the erection of a monument in honor thereof at the southwest corner of the Department of Agriculture building across from Capitol Square; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

HR 358. By Representatives Ashe of the 42nd, Post 2, Henson of the 55th and Drenner of the 57th:
A RESOLUTION urging the Department of Human Resources, Division of Family and Children Services to adopt specific Farm Bill 2002 state options to provide access to the federal food stamp program for low-income Georgians; and for other purposes.

WEDNESDAY, MARCH 5, 2003 Referred to the Committee on Health and Human Services.

1033

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

HB 647 HB 648 HB 649 HB 650 HB 651 HB 652 HB 653 HB 654 HB 655 HB 656 HB 657 HB 658 HB 659 HB 660 HB 661 HB 662 HB 663

HB 664 HB 665 HB 666 HB 667 HB 668 HB 669 HB 670 HB 671 HR 349 HR 350 HR 351 SB 78 SB 85 SB 86 SB 121 SB 134 SB 166

Representative Lord of the 103rd District, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 215 Do Pass, by Substitute

Respectfully submitted, /s/ Lord of the 103rd
Chairman

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JOURNAL OF THE HOUSE

Representative Bordeaux of the 125th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 90 Do Pass, by Substitute

Respectfully submitted, /s/ Bordeaux of the 125th
Chairman

Representative Parham of the 94th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

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

HB 217 Do Pass HB 575 Do Pass

HB 581 Do Pass, by Substitute HB 610 Do Pass

Respectfully submitted, /s/ Parham of the 94th
Chairman

Representative Smyre of the 111th 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 352 Do Pass

WEDNESDAY, MARCH 5, 2003

1035

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Representative Greene of the 134th District, Chairman of the Committee on State Institutions and Property, submitted the following report:

Mr. Speaker:

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

HB 239 Do Pass HB 256 Do Pass

HB 339 Do Pass HB 340 Do Pass

Respectfully submitted, /s/ Greene of the 134th
Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 637 Do Pass HB 646 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

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JOURNAL OF THE HOUSE

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

HOUSE RULES CALENDAR WEDNESDAY, MARCH 5, 2003

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 25th Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 29 HR 213

J. Max Davis Interchange; designate Sonny Dixon Interchange; designate

DEBATE CALENDAR

HB 32
HB 117 HB 185 HB 259 HB 293

Estates; missing domiciliary; certain perilous exposure; death determination Unemployment benefits; eligibility; military transfer of spouse Drivers' licenses; certain suspension; limited driving permits Health benefits; failure to pay; penalty not applicable to cap Honeybees; inspection and registration of colonies; change provisions

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

Respectfully submitted, /s/ Smyre of the 111th
Chairman

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 637. By Representatives Williams of the 128th and Keen of the 146th:
A BILL to amend an Act creating a new charter for the City of Darien, so as to change the provisions regarding the election of the mayor and councilmembers; to provide for definitions; to provide for council districts

WEDNESDAY, MARCH 5, 2003 and posts; and for other purposes.

1037

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 646. By Representatives Stoner of the 34th, Post 1, Ehrhart of the 28th, Teilhet of the 34th, Post 2, Wix of the 33rd, Post 1, Dooley of the 33rd, Post 3 and others:
A BILL to amend an Act creating a board of commissioners of roads and revenues for Cobb County, so as to repeal certain provisions relating to the requirement of a referendum to approve the expenditure of funds in excess of $25,000.00 in a contract with a transit authority; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

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

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 22. By Senators Butler of the 55th, Squires of the 5th, Reed of the 35th, Adelman of the 42nd and Brown of the 26th:
A BILL to be entitled an Act to amend Chapter 3 of Title 35 and Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating, respectively, to

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JOURNAL OF THE HOUSE

the Georgia Bureau of Investigation and probation, so as to authorize the Georgia Crime Information Center to provide records related to prosecution of first offenders if the person who is the subject of the inquiry has applied for employment caring for minor children or elderly persons and was prosecuted for one of a list of specified offenses; to provide that a person discharged without adjudication of guilt after probation or confinement may be denied employment caring for minor children or elderly persons if prosecuted for one of a list of specified offenses; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 87. By Senators Lee of the 29th and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Code Section 36-82-61 of the Official Code of Georgia Annotated, relating to definitions regarding Article 3 of Chapter 82 of Title 36, the "Revenue Bond Law," so as to change the definition of "undertaking"; to remove the referendum requirement with respect to revenue certificates issued for gas generation and distribution systems; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 88. By Senators Brown of the 26th, Blitch of the 7th, Henson of the 41st, Meyer von Bremen of the 12th, Johnson of the 1st and others:
A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 12 of the O.C.G.A., relating to public authorities, so as to change a provision relating to the Georgia Music Hall of Fame Advisory Committee; to change the composition of the Georgia Sports Hall of Fame Authority; to change provisions relating to the purpose of said authority; to provide for a Georgia Sports Hall of Fame Advisory Committee; to provide for its responsibilities; to provide for the transfer of personnel to the Department of Community Affairs; to amend Article 1 of Chapter 8 of Title 50 of the O.C.G.A., relating to general provisions relative to the Department of Community Affairs, so as to authorize the department to assist the Georgia Sports Hall of Fame Authority; to repeal conflicting laws; and for other purposes.
SB 94. By Senators Williams of the 19th, Johnson of the 1st, Price of the 56th and Blitch of the 7th:
A BILL to be entitled an Act to amend Code Section 12-5-295 of the Official Code of Georgia Annotated, relating to exemptions from the Coastal Marshlands Protection Act of 1970, so as to provide that such Act shall not apply to the owners of certain property; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 5, 2003

1039

SB 96. By Senators Unterman of the 45th, Thomas of the 54th, Price of the 56th and Kemp of the 46th:
A BILL to be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, so as to require health benefit policy coverage for off-label prescription drug use for insureds with life-threatening or chronic and disabling conditions or diseases; to provide definitions; to provide for conditions of coverage; to provide for exclusions; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 115. By Senators Hill of the 4th, Seay of the 34th and Stokes of the 43rd:
A BILL to be entitled an Act to amend Code Section 50-5-132 of the Official Code of Georgia Annotated, relating to eligibility and procedures for certification of minority business enterprises, so as to change and simplify certain procedures for certification of minority business enterprises; to change certain information required for certification; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 145. By Senators Balfour of the 9th, Thomas of the 54th, Stokes of the 43rd and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Code Section 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation, or refusal to grant licenses by the State Board of Pharmacy, so as to change certain provisions relating to selling, distributing, and delivering prescription drugs by mail or other common carriers; to repeal conflicting laws; and for other purposes.
SB 156. By Senator Shafer of the 48th:
A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to change the definition of insurable interest; to provide notice to employees when an employer purchases life insurance on such employees; to provide an opportunity for such employees to refuse to participate; to change the definition of employee; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 158. By Senator Lee of the 29th:
A BILL to be entitled an Act to create the City of LaGrange Gas Authority

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JOURNAL OF THE HOUSE

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 therefore 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.
HB 60. By Representatives Dodson of the 84th, Post 1, Barnes of the 84th, Post 2, Buckner of the 82nd, Jordan of the 83rd and Hill of the 81st:
A BILL to provide a new charter for the City of Morrow; and for other purposes.
HB 523. By Representatives Williams of the 128th, Keen of the 146th, Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:
A BILL to provide for the creation of a community improvement district in Glynn County; to provide for a short title; to provide for the purposes of said district; to provide for a board to administer said district; to provide for authorized contents of agreements and instruments of the board generally, use of proceeds of sale of bonds, notes, or other obligations, and subsequent issues of bonds, notes, or other obligations; and for other purposes.

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

SB 22.

By Senators Butler of the 55th, Squires of the 5th, Reed of the 35th, Adelman of the 42nd and Brown of the 26th:
A BILL to be entitled an Act to amend Chapter 3 of Title 35 and Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating, respectively, to the Georgia Bureau of Investigation and probation, so as to authorize the Georgia Crime Information Center to provide records related to prosecution of first offenders if the person who is the subject of the inquiry has applied for employment caring for minor children or elderly persons and was prosecuted for one of a list of specified offenses; to provide that a person discharged without adjudication of guilt after probation or confinement may

WEDNESDAY, MARCH 5, 2003

1041

be denied employment caring for minor children or elderly persons if prosecuted for one of a list of specified offenses; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Judiciary.

SB 87.

By Senators Lee of the 29th and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Code Section 36-82-61 of the Official Code of Georgia Annotated, relating to definitions regarding Article 3 of Chapter 82 of Title 36, the "Revenue Bond Law," so as to change the definition of "undertaking"; to remove the referendum requirement with respect to revenue certificates issued for gas generation and distribution systems; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Appropriations.

SB 88.

By Senators Brown of the 26th, Blitch of the 7th, Henson of the 41st, Meyer von Bremen of the 12th, Johnson of the 1st and others:
A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 12 of the O.C.G.A., relating to public authorities, so as to change a provision relating to the Georgia Music Hall of Fame Advisory Committee; to change the composition of the Georgia Sports Hall of Fame Authority; to change provisions relating to the purpose of said authority; to provide for a Georgia Sports Hall of Fame Advisory Committee; to provide for its responsibilities; to provide for the transfer of personnel to the Department of Community Affairs; to amend Article 1 of Chapter 8 of Title 50 of the O.C.G.A., relating to general provisions relative to the Department of Community Affairs, so as to authorize the department to assist the Georgia Sports Hall of Fame Authority; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Economic Development and Tourism.

SB 94.

By Senators Williams of the 19th, Johnson of the 1st, Price of the 56th and Blitch of the 7th:

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JOURNAL OF THE HOUSE
A BILL to be entitled an Act to amend Code Section 12-5-295 of the Official Code of Georgia Annotated, relating to exemptions from the Coastal Marshlands Protection Act of 1970, so as to provide that such Act shall not apply to the owners of certain property; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

SB 96.

By Senators Unterman of the 45th, Thomas of the 54th, Price of the 56th and Kemp of the 46th:
A BILL to be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, so as to require health benefit policy coverage for offlabel prescription drug use for insureds with life-threatening or chronic and disabling conditions or diseases; to provide definitions; to provide for conditions of coverage; to provide for exclusions; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Insurance.

SB 115. By Senators Hill of the 4th, Seay of the 34th and Stokes of the 43rd:
A BILL to be entitled an Act to amend Code Section 50-5-132 of the Official Code of Georgia Annotated, relating to eligibility and procedures for certification of minority business enterprises, so as to change and simplify certain procedures for certification of minority business enterprises; to change certain information required for certification; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Governmental Affairs.

SB 145. By Senators Balfour of the 9th, Thomas of the 54th, Stokes of the 43rd and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Code Section 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation,

WEDNESDAY, MARCH 5, 2003

1043

or refusal to grant licenses by the State Board of Pharmacy, so as to change certain provisions relating to selling, distributing, and delivering prescription drugs by mail or other common carriers; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health and Human Services.

SB 156. By Senator Shafer of the 48th:
A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to change the definition of insurable interest; to provide notice to employees when an employer purchases life insurance on such employees; to provide an opportunity for such employees to refuse to participate; to change the definition of employee; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Insurance.

SB 158. 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 therefore and to authorize the collection and pledging of the revenues, tolls, fees, charges, and earnings of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to repeal conflicting laws; and for other purposes.

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

Representative Hill of the 16th arose to a point of personal privilege and addressed the House.

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JOURNAL OF THE HOUSE

Representative Henson of the 55th arose to a point of personal privilege and addressed the House.

Representative Barnes of the 84th, Post 2 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 352. By Representatives Cummings of the 19th, Howard of the 98th, Porter of the 119th, Skipper of the 116th, Orrock of the 51st and others:
A RESOLUTION commending the members of the Silver-Haired Legislature and inviting representatives to appear before the House of Representatives; and for other purposes.

The following Resolution of the House was read and adopted:

HR 359. By Representatives Parsons of the 29th, Hines of the 35th, Teilhet of the 34th, Post 2, Dooley of the 33rd, Post 3, Stoner of the 34th, Post 1 and others:
A RESOLUTION commending David Hankerson; and for other purposes.

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

HR 29.

By Representatives Millar of the 52nd, Joyce of the 2nd, Chambers of the 53rd, Bannister of the 70th, Post 1, O`Neal of the 117th and others:
A RESOLUTION expressing regret at the passing of the Honorable J. Max Davis and designating the J. Max Davis Interchange; and for other purposes.

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

WEDNESDAY, MARCH 5, 2003

1045

was agreed to.

The Speaker ruled that all members in favor of the adoption of the Resolution vote "nay" and all members opposed to the adoption of the Resolution vote "aye".

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

N Amerson Anderson
N Ashe N Bannister N Barnard N Barnes N Beasley-Teague N Benfield N Birdsong N Black N Boggs N Bordeaux N Borders N Bridges N Brock N Brooks N Broome N Brown
Bruce N Buck N Buckner, D N Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers N Channell N Childers N Coan N Coleman, B N Cooper N Crawford N Cummings

N Day N Dean N Deloach N Dix N Dodson N Dollar
Dooley N Douglas N Drenner N Dukes N Ehrhart N Elrod
Epps N Fleming N Floyd, H N Floyd, J N Fludd N Forster N Franklin N Gardner N Golick
Graves, D N Graves, T N Greene N Greene-Johnson N Hanner N Harbin N Harper
Harrell Heard, J N Heard, K N Heath N Heckstall N Hembree N Henson N Hill, C

E Hill, C.A N Hill, V N Hines N Holmes N Houston N Howard N Howell N Hudson N Hugley N Jackson N James N Jamieson N Jenkins N Jones N Jordan N Joyce N Keen N Knox N Lane N Lewis N Lord
Lucas N Lunsford N Maddox N Mangham N Manning N Marin N Martin E Massey N Maxwell N McBee N McCall E McClinton N Millar N Mills N Mitchell

N Mobley N Moraitakis N Morris N Mosby
Mosley N Murphy, J N Murphy, Q N Noel N Oliver, B N Oliver, M N O'Neal N Orrock N Parham N Parrish N Parsons N Porter N Powell N Purcell N Ralston N Randall N Ray E Reece, B N Reece, S N Rice
Richardson N Roberts, J N Roberts, L N Rogers, C N Rogers, Ch. N Royal N Rynders
Sailor N Scott N Shaw N Sheldon N Sholar

N Sims N Sinkfield N Skipper N Smith, B N Smith, L N Smith, P E Smith, T N Smith, V N Smyre N Snow N Stanley-Turner N Stephens, E N Stephens, R
Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas, A N Thomas, A.M N Thompson
Twiggs Walker, L N Walker, R.L N Warren Watson N Westmoreland N White N Wilkinson N Willard N Williams, A N Williams, E N Williams, R N Wix N Yates Coleman, Speaker

On the adoption of the Resolution, those voting in favor were 159, those opposed 0. The Resolution, having received the requisite constitutional majority, was adopted.

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JOURNAL OF THE HOUSE

HR 213. By Representatives Stephens of the 123rd and Purcell of the 122nd:
A RESOLUTION designating the Sonny Dixon Interchange; and for other purposes.

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

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

Y Amerson Anderson
Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown
Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister
Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean
Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod
Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd
Forster Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

E Hill, C.A Hill, V
Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones
Jordan Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee Y McCall E McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis
Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L Y Rogers, C
Rogers, Ch. Y Royal
Rynders Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P E Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A
Thomas, A.M Y Thompson Y Twiggs
Walker, L Y Walker, R.L Y Warren
Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E
Williams, R Y Wix
Yates Coleman, Speaker

On the adoption of the Resolution, the ayes were 150, nays 0.

WEDNESDAY, MARCH 5, 2003

1047

The Resolution, having received the requisite constitutional majority, was adopted.

Representative Butler of the 88th, Post 1 stated that 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 293. By Representatives Purcell of the 122nd, Ray of the 108th, Oliver of the 121st, Post 2, James of the 114th and Crawford of the 91st:
A BILL to amend Article 3 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to honeybees, so as to change certain provisions relating to inspection of colonies and duty to register as colony owner; and for other purposes.

The following amendment was read:

Representative Heath of the 18th et al. move to amend HB 293 by striking lines 17 and 18 of page 1 and inserting in lieu thereof the following:
"colony of honeybees. It shall also be the duty of all persons subject to this article to render assistance relative to the inspection of such colony All persons subject to this article shall be provided a reasonable opportunity to assist the inspectors in the inspection of such colonies.'".

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

Y Amerson N Anderson N Ashe Y Bannister
Barnard N Barnes N Beasley-Teague N Benfield N Birdsong Y Black Y Boggs N Bordeaux Y Borders Y Bridges

Y Day Y Dean N Deloach
Dix N Dodson Y Dollar N Dooley Y Douglas N Drenner
Dukes Ehrhart Y Elrod Epps Y Fleming

E Hill, C.A Hill, V
Y Hines N Holmes N Houston
Howard N Howell N Hudson Y Hugley N Jackson N James N Jamieson N Jenkins Y Jones

N Mobley N Moraitakis N Morris N Mosby N Mosley Y Murphy, J N Murphy, Q Y Noel N Oliver, B N Oliver, M Y O'Neal N Orrock
Parham N Parrish

N Sims Sinkfield
N Skipper Y Smith, B Y Smith, L N Smith, P E Smith, T Y Smith, V
Smyre Snow Y Stanley-Turner N Stephens, E Y Stephens, R Stephenson

1048
Y Brock N Brooks
Broome Y Brown
Bruce N Buck Y Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister
Butler Y Campbell Y Casas Y Chambers
Channell N Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

N Floyd, H N Floyd, J N Fludd
Forster Y Franklin N Gardner Y Golick Y Graves, D Y Graves, T N Greene N Greene-Johnson N Hanner Y Harbin
Harper N Harrell Y Heard, J Y Heard, K Y Heath N Heckstall Y Hembree N Henson Y Hill, C

N Jordan Joyce
Y Keen Y Knox
Lane Y Lewis N Lord
Lucas Lunsford Maddox Mangham Y Manning Marin Y Martin E Massey Y Maxwell N McBee Y McCall E McClinton Y Millar Y Mills N Mitchell

Y Parsons N Porter N Powell N Purcell Y Ralston N Randall
Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L N Rogers, C Y Rogers, Ch. N Royal Y Rynders
Sailor Y Scott
Shaw Y Sheldon N Sholar

On the adoption of the amendment, the ayes were 75, nays 67. The amendment was adopted.

N Stokes N Stoner N Teilhet N Teper N Thomas, A
Thomas, A.M N Thompson N Twiggs Y Walker, L Y Walker, R.L N Warren
Watson Westmoreland Y White Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R N Wix Y Yates Coleman, Speaker

Representatives Butler of the 88th, Post 1 and Forster of the 3rd, Post 1 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 Purcell of the 122nd moved that the House reconsider its action in adopting the Heath amendment.

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

N Amerson Anderson
Y Ashe N Bannister Y Barnard Y Barnes Y Beasley-Teague N Benfield Y Birdsong N Black Y Boggs Y Bordeaux

N Day Y Dean Y Deloach
Dix Y Dodson N Dollar Y Dooley N Douglas N Drenner Y Dukes N Ehrhart N Elrod

E Hill, C.A Hill, V
N Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson

Y Mobley Y Moraitakis Y Morris N Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock

N Sims Sinkfield
Y Skipper N Smith, B N Smith, L Y Smith, P E Smith, T N Smith, V
Smyre Snow Y Stanley-Turner Y Stephens, E

N Borders N Bridges N Brock Y Brooks Y Broome N Brown
Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister
Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper N Crawford Y Cummings

WEDNESDAY, MARCH 5, 2003

Epps N Fleming N Floyd, H Y Floyd, J Y Fludd N Forster N Franklin
Gardner N Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner N Harbin
Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall N Hembree N Henson N Hill, C

Y Jenkins N Jones Y Jordan N Joyce N Keen N Knox
Lane N Lewis Y Lord
Lucas Lunsford Maddox Y Mangham N Manning Marin N Martin E Massey N Maxwell Y McBee N McCall E McClinton N Millar N Mills Y Mitchell

Y Parham Y Parrish N Parsons Y Porter
Powell Y Purcell N Ralston Y Randall
Ray E Reece, B N Reece, S N Rice N Richardson N Roberts, J N Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor N Scott
Shaw N Sheldon Y Sholar

On the motion, the ayes were 74, nays 77. The motion was lost.

1049
N Stephens, R Stephenson
Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A N Thomas, A.M Y Thompson Y Twiggs Y Walker, L N Walker, R.L Y Warren
Watson Westmoreland N White N Wilkinson N Willard N Williams, A N Williams, E N Williams, R Y Wix N Yates Coleman, Speaker

Representative Butler of the 88th, Post 1 stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

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

Y Amerson Anderson
Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner

E Hill, C.A Hill, V
Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B

Y Sims Sinkfield
Y Skipper Y Smith, B Y Smith, L Y Smith, P E Smith, T Y Smith, V Y Smyre

1050
Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown
Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister
Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Dukes Y Ehrhart Y Elrod
Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd
Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin
Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Jackson Y James
Jamieson Y Jenkins Y Jones Y Jordan
Joyce Y Keen Y Knox
Lane Y Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham Y Manning Marin Y Martin E Massey Y Maxwell Y McBee Y McCall E McClinton Millar Y Mills Y Mitchell

Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L
Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Snow Y Stanley-Turner
Stephens, E Y Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren
Watson Westmoreland White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Coleman, Speaker

On the passage of the Bill, as amended, the ayes were 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representatives Butler of the 88th, Post 1 and Forster of the 3rd, Post 1 stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 259. By Representative Channell of the 77th:
A BILL to amend Code Section 33-24-59.5 of the Official Code of Georgia Annotated, relating to timely payment of health benefits, notification of failure to pay, and penalty for violation, so as to expressly provide that the amount of any such penalty shall not apply toward any cap on benefits payable; and for other purposes.

WEDNESDAY, MARCH 5, 2003

1051

The report of the Committee, which was favorable to the 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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown
Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister
Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd
Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner
Harbin Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall E McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell
Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P E Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren
Watson Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Coleman, Speaker

On the passage of the Bill, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Butler of the 88th, Post 1 and Forster of the 3rd, Post 1 stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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HB 32.

By Representative Willard of the 40th:
A BILL to amend Article 1 of Chapter 9 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to administration of the estate of missing persons and persons believed to be dead, so as to provide that when any domiciliary of this state has been exposed to a specific peril or tragedy resulting in probable death, the death of the individual may be proved by clear and convincing evidence at any time after such exposure; and for other purposes.

The report of the Committee, which was favorable to the 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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown
Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod
Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath
Heckstall Y Hembree Y Henson Y Hill, C

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee
McCall E McClinton
Millar Y Mills Y Mitchell

Y Mobley Moraitakis
Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P E Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

WEDNESDAY, MARCH 5, 2003

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

HB 117. By Representatives Birdsong of the 104th, Skipper of the 116th, Buck of the 112th, Smyre of the 111th, Royal of the 140th and others:
A BILL to amend Code Section 34-8-194 of the Official Code of Georgia Annotated, relating to grounds for disqualification of unemployment benefits, so as to provide that leaving an employer voluntarily because of the transfer of a spouse from one military assignment to another shall not disqualify a person from such benefits; and for other purposes.

The following amendment was read and adopted:

Representatives Birdsong of the 104th and Smith of the 13th, Post 2 move to amend HB 117 by inserting on line 16 of page 1, between the word "cause" and the period, the following:
"; provided, however, that the employers account shall not be charged for any benefits paid out to the person who leaves to accompany a spouse reassigned from one military assignment to another".

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 Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P E Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E

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Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown
Bruce Y Buck Y Buckner, D
Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Epps Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Hanner Y Harbin Y Harper Y Harrell Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall E McClinton Y Millar Y Mills Y Mitchell

Parham Y Parrish
Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Stephens, R Y Stephenson
Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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

HB 185. By Representatives Black of the 144th, Parham of the 94th, Yates of the 85th, Post 1, Rice of the 64th, Rogers of the 20th and others:
A BILL to amend Code Section 40-5-64 of the Official Code of Georgia Annotated, relating to limited driving permits for certain offenders, so as to authorize such permits for certain persons at least 18 years of age whose drivers' licenses have been suspended under Code Section 40-5-57.1; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Code Section 40-5-64 of the Official Code of Georgia Annotated, relating to limited driving permits for certain offenders, so as to authorize such permits for certain

WEDNESDAY, MARCH 5, 2003

1055

persons at least 18 years of age whose drivers licenses have been suspended under Code Section 40-5-57.1; to provide for duration of such permits; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 40-5-64 of the Official Code of Georgia Annotated, relating to limited driving permits for certain offenders, is amended by striking paragraph (1) of subsection (a) and inserting in lieu thereof the following:
"(1) Notwithstanding any contrary provision of Code Section 40-5-57 or 40-5-63 or any other Code section of this chapter, any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40-6-391 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 is accepted, may apply for a limited driving permit when and only when that persons drivers license has been suspended in accordance with paragraph (2) of subsection (a.1) of Code Section 40-522, subsection (d) of Code Section 40-5-57, paragraph (1) of subsection (a) of Code Section 40-5-63, or paragraph (1) of subsection (a) of Code Section 40-5-67.2; or if the persons drivers license has been suspended for the first time, such suspension was under subsection (a) of Code Section 40-5-57.1 for a speed limit offense for which four or more points are assessable under subsection (c) of Code Section 40-557, and such person was at least 18 years of age at the time of the offense."
SECTION 2. Said Code section is further amended by striking subsection (e) and inserting in lieu thereof the following:
"(e) Duration of permit. A permit issued pursuant to this Code section shall be $25.00 and shall be nonrenewable and shall become invalid upon the expiration of 30 days after the date on which the permittee is eligible to apply for license reinstatement in accordance with subsection (b) of Code Section 40-5-57.1 in the case of a person at least 18 years of age whose drivers license has been suspended for the first time under subsection (a) of that Code section for a speed limit offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57, upon the drivers eighteenth birthday in the case of a suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22, upon the expiration of one year following the effective date of suspension of the applicants drivers license in the case of a suspension for an offense listed in Code Section 40-5-54 or a suspension under Code Section 40-5-57, upon the expiration of 120 days following conviction in the case of a suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-63 for a violation of Code Section 40-6-391, upon the expiration of 30 days in the case of an administrative license suspension in accordance with paragraph (1) of subsection (a) of Code Section

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40-5-67.2, or upon the expiration of six months following proof of installation of an ignition interlock device in the case of a limited driving permit issued to a person subject to a court order for installation and use of such a device pursuant to Article 7 of Chapter 8 of Title 42; except that such limited driving permit shall expire upon any earlier reinstatement of the drivers license. A person convicted of such offense whose drivers license had been surrendered to the court in which such conviction was adjudged may apply to the department for a limited driving permit immediately following such conviction. Upon the applicants execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his or her drivers license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit. A person convicted of such offense whose drivers license had not been surrendered to such court immediately following such conviction may apply to the department for a permit. Upon the applicants surrender to the department of his or her drivers license and the execution of a similar affidavit, or if the drivers license has been lost, upon execution of an additional affidavit to that effect, the department may issue such person a limited driving permit."
SECTION 3. This Act shall become effective January 1, 2004.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Black of the 144th and Bordeaux of the 125th move to amend the Committee substitute to HB 185 by striking lines 1 through 4 of page 1 and inserting in lieu thereof the following:
"To amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers licenses, so as to change certain provisions relating to suspension of licenses of persons under age 21 for certain offenses, suspension of licenses of persons under age 18 for certain point accumulations, and issuance of new license following suspension; to change certain provisions relating to limited driving permits for certain offenders; to provide an effective date; to".
By redesignating Sections 2, 3, and 4 as Sections 3, 4, and 5, respectively.
By striking lines 8 and 9 of page 1 and inserting in lieu thereof the following:

WEDNESDAY, MARCH 5, 2003

1057

"Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, is amended in Code Section 40-5-57.1, relating to suspension of licenses of persons under age 21 for certain offenses, suspension of licenses of persons under age 18 for certain point accumulations, and issuance of new license following suspension, by adding a new subsection to read as follows:
'(d) The provisions of subsection (a) of this Code section notwithstanding, in any case where a person has been cited for a speed limit offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57 and he or she has forfeited a posted bond for failure to appear in court on such citation, the department shall not suspend such persons drivers license under this Code section unless, upon being presented with such citation, the person signed a written acknowledgment, printed in conspicuous bold type on a form prepared by the department for such purpose, that failure to appear shall result in a judgment of guilty and that his or her drivers license then shall be suspended under this Code section, and such form is attached to or otherwise made a part of the uniform traffic citation forwarded to the department as provided by Code Section 40-5-53.'
SECTION 2. Said article is further amended by striking paragraph (1) of subsection (a) of Code Section 40-5-64, relating to limited driving permits for certain offenders, and".
By striking line 2 of page 2 and inserting in lieu thereof the following: "Said article is further amended by striking subsection (e) of said Code Section 40-5-64 and inserting in lieu thereof".

The following amendment was read and adopted:

Representatives Black of the 144th and Bordeaux of the 125th move to amend the Black amendment as follows:
On page 1, line 19, by striking the words: "cited for"
and inserting in lieu thereof the words "convicted of".
On page 1, lines 20 through 21, by striking the phrase: "and he or she has forfeited a posted bond for failure to appear in court on such citation".
On page 1, line 25, by striking the phrase:

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"failure to appear shall result in a judgment of guilty and that" and inserting in lieu thereof the phrase:
"upon conviction of the offense, whether by way of forfeiture of bond, a plea of nolo contendre, or otherwise,".

The Black amendment, as amended, was adopted.

The Committee substitute, as amended, was adopted.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister
Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown
Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell
Childers Y Coan

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley N Douglas Y Drenner
Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall

Y Mobley Y Moraitakis
Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P E Smith, T N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E

Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, MARCH 5, 2003

Y Heckstall Y Hembree Y Henson Y Hill, C

E McClinton Y Millar Y Mills Y Mitchell

Y Scott Y Shaw Y Sheldon Y Sholar

1059
Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 165, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The following Resolution of the House was read:

HR 360. By Representatives Skipper of the 116th, Westmoreland of the 86th, Buck of the 112th, Porter of the 119th, Royal of the 140th and others

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that unless otherwise provided by subsequent resolution of the General Assembly, periods of adjournment and reconvening for the remainder of this 2003 regular session of the General Assembly shall be as follows:
(1) The General Assembly shall adjourn at the conclusion of the legislative day on Thursday, March 6, the 26th legislative day of the session; (2) The General Assembly shall reconvene on Monday, March 24th, the 27th legislative day of the session; (3) The General Assembly shall adjourn at the conclusion of the legislative day on Thursday, March 27, the 30th legislative day of the session; (4) The General Assembly shall reconvene on Monday, March 31, the 31st legislative day of the session; (5) The General Assembly shall adjourn at the conclusion of the legislative day on Thursday, April 3, the 34th day of the legislative session; (6) The General Assembly shall reconvene on Monday, April 7, the 35th day of the legislative session; (7) The General Assembly shall adjourn at the conclusion of the legislative day on Thursday, April 10, the 38th day of the legislative session; (8) The General Assembly shall reconvene on Monday, April 14, the 39th day of the legislative session and again adjourn at the conclusion of that legislative day; and (9) The General Assembly shall reconvene on Wednesday, April 16, the 40th and final

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JOURNAL OF THE HOUSE

day of the legislative session.
BE IT FURTHER RESOLVED that the hour for closing and convening the Senate on each such day shall be as ordered by the Senate; and the hour for closing and convening the House on each such day shall be as ordered by the House.

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown
Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen
Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Marin
Martin Y Massey Y Maxwell Y McBee Y McCall E McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley
Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L
Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P E Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the adoption of the Resolution, the ayes were 161, nays 0. The Resolution was adopted.

WEDNESDAY, MARCH 5, 2003 The following Resolutions of the House were read and adopted:

1061

HR 361. By Representative Coleman of the 118th:
A RESOLUTION honoring former Speaker Thomas B. Murphy on the occasion of Tom Murphy Day in Bremen; and for other purposes.

HR 362. By Representatives Rogers of the 15th, Hill of the 16th, Franklin of the 17th and Murphy of the 14th, Post 2:
A RESOLUTION recognizing Ms. Linda Parker as a leader in Cherokee County and the Republican Party; and for other purposes.

HR 363. By Representatives Parrish of the 102nd, Ashe of the 42nd, Post 2, Teper of the 42nd, Post 1, Moraitakis of the 42nd, Post 4 and Gardner of the 42nd, Post 3:
A RESOLUTION recognizing and commending Chopstix and Philip Chan; and for other purposes.

HR 364. By Representatives Barnes of the 84th, Post 2, Dodson of the 84th, Post 1 and Buckner of the 82nd:
A RESOLUTION commending Mr. Dan Colwell; and for other purposes.

HR 365. By Representatives Sholar of the 141st, Post 1 and Broome of the 141st, Post 2:
A RESOLUTION paying tribute to Wendell Cullen Gainey; and for other purposes.

HR 366. By Representatives Murphy of the 97th, Howard of the 98th, Warren of the 99th and Anderson of the 100th:
A RESOLUTION recognizing and commending Reverend Clyde Hill, Sr., on his 30th anniversary at Mount Calvary Baptist Church; and for other purposes.

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JOURNAL OF THE HOUSE

HR 367. By Representatives Westmoreland of the 86th, Buck of the 112th, Crawford of the 91st, Howell of the 92nd and Ray of the 108th:
A RESOLUTION commending Honorable Paschal English, Superior Court Judge in the Griffin Judicial Circuit; and for other purposes.

HR 368. By Representatives Rynders of the 137th, Sholar of the 141st, Post 1, Hembree of the 46th, Chambers of the 53rd, Buckner of the 109th and others:
A RESOLUTION acknowledging the contributions of senior Georgians and establishing the week of March 3-7, 2003, as Senior Week at the Capitol; and for other purposes.

HR 369. By Representatives Thomas of the 43rd, Post 1 and Dean of the 49th: A RESOLUTION commending Charlie L. Smith; and for other purposes.

HR 370. By Representatives Childers of the 13th, Post 1, Reece of the 11th and Smith of the 13th, Post 2:
A RESOLUTION commending The Foster Grandparent/Senior Companion Program; and for other purposes.

HR 371. By Representative Epps of the 90th:
A RESOLUTION honoring Mrs. Mary Downer Baugh on the occasion of her birthday; and for other purposes.

HR 372. By Representatives Harbin of the 80th, Fleming of the 79th, Murphy of the 97th, Burmeister of the 96th and Warren of the 99th:
A RESOLUTION recognizing and commending Marcus Perry; and for other purposes.

HR 373. By Representative Ashe of the 42nd, Post 2: A RESOLUTION commending the Southern Order of Storytellers and

WEDNESDAY, MARCH 5, 2003

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recognizing November 16-22, 2003, as Georgia Storytelling Week; and for other purposes.

HR 374. By Representatives Thomas of the 43rd, Post 1, Sinkfield of the 50th, Stanley-Turner of the 43rd, Post 2, Bruce of the 45th, Walker of the 115th and others:
A RESOLUTION to recognize Women for Morris Brown College; and for other purposes.

HR 375. By Representative Smith of the 76th:
A RESOLUTION recognizing and commending Cindy Thompson; and for other purposes.

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

HR 377. By Representative Stephenson of the 60th, Post 1:
A RESOLUTION commending Annie Johnson Brye for her remarkable life in the face of seemingly overwhelming odds and inviting her to appear before the House of Representatives; and for other purposes.

Representative Buck of the 112th District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:

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

HB 550 Do Pass, by Substitute HB 551 Do Pass

HB 621 Do Pass HB 638 Do Pass

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JOURNAL OF THE HOUSE
Respectfully submitted, /s/ Buck of the 112th
Chairman

Representative Sinkfield of the 50th District, Chairman of the Committee on Children and Youth, submitted the following report:
Mr. Speaker:
Your Committee on Children and Youth has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 433 Do Pass, as Amended HB 479 Do Pass, as Amended

Respectfully submitted, /s/ Sinkfield of the 50th
Chairman

Representative Smyre of the 111th 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 377 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Representative Jenkins of the 93rd District, Chairman of the Committee on Special Judiciary, submitted the following report:

WEDNESDAY, MARCH 5, 2003

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Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 196 Do Pass HB 438 Do Pass, by Substitute

Respectfully submitted, /s/ Jenkins of the 93rd
Chairman

Representative Channell of the 71st District, Vice-Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 104 Do Pass

Respectfully submitted, /s/ Channell of the 71st
Vice-Chairman

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

HR 377. By Representative Stephenson of the 60th, Post 1:
A RESOLUTION commending Annie Johnson Brye for her remarkable life in the face of seemingly overwhelming odds and inviting her to appear before the House of Representatives; and for other purposes.

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The Speaker announced the House in recess until 5:00 P.M., at which time the House will stand adjourned until 10:00 o'clock A.M. the next legislative day.

THURSDAY, MARCH 6, 2003 Representative Hall, Atlanta, Georgia
Thursday, March 6, 2003

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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. Benny Tate, Senior Pastor, Rock Springs Church, Milner, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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

HB 685. By Representative Parham of the 94th:
A BILL to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to change certain provisions relating to special and prestige license plates; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 686. By Representative Bordeaux of the 125th:
A BILL to amend Code Section 7-4-16 of the Official Code of Georgia Annotated, relating to when interest runs on commercial accounts and the maximum interest allowed, so as to change provisions related to the interest rate; and for other purposes.

Referred to the Committee on Banks and Banking.

HB 687. By Representatives Ehrhart of the 28th, Franklin of the 17th, Parsons of the 29th, Richardson of the 26th, Wilkinson of the 41st and others:
A BILL to amend an Act creating the Cobb County-Marietta Water Authority, so as to change the membership, vacancy, terms, and quorum provisions regarding the authority; and for other purposes.

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

HB 688. By Representatives Powell of the 23rd, Parham of the 94th, Skipper of the 116th and Westmoreland of the 86th:
A BILL to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Georgia Vehicle Protection Product Act"; to provide for a short title; to provide for definitions; to provide for

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scope and exemptions; to provide for registration and filing requirements of warrantors; to provide for financial responsibility; to provide for warranty reimbursement policy requirements; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 689. By Representatives Epps of the 90th and Brown of the 89th:
A BILL to amend Code Section 36-82-61 of the Official Code of Georgia Annotated, relating to definitions regarding Article 3 of Chapter 82 of Title 36, the "Revenue Bond Law," so as to change the definition of "undertaking"; to remove the referendum requirement with respect to revenue certificates issued for gas generation and distribution systems; and for other purposes.

Referred to the Committee on Appropriations.

HB 690. By Representatives Parsons of the 29th, Franklin of the 17th, Ehrhart of the 28th, Hines of the 35th, Teilhet of the 34th, Post 2 and others:
A BILL to amend an Act creating the State Court of Cobb County, so as to change the compensations of the clerk and the chief deputy clerk of the State Court of Cobb County; and for other purposes.

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

HB 691. By Representatives Parsons of the 29th, Franklin of the 17th, Ehrhart of the 28th, Hines of the 35th, Teilhet of the 34th, Post 2 and others:
A BILL to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff; and for other purposes.

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

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HB 692. By Representatives Royal of the 140th and Rynders of the 137th:
A BILL to amend an Act creating and establishing a new charter for the City of Moultrie, so as to change the description of the council districts; and for other purposes.

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

HB 693. By Representatives Manning of the 32nd, Parsons of the 29th, Hines of the 35th, Franklin of the 17th, Dollar of the 31st and others:
A BILL to amend an Act creating a new charter for the City of Kennesaw, so as to change the provisions relating to the corporate limits of said city; and for other purposes.

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

HB 694. By Representatives Lewis of the 12th, Smith of the 13th, Post 2, Childers of the 13th, Post 1 and Cummings of the 19th:
A BILL to create the Cartersville Building Authority as a public corporation and an instrumentality of the State of Georgia; and for other purposes.

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

HB 695. By Representatives Roberts of the 135th, Dukes of the 136th and Rynders of the 137th:
A BILL to amend an Act providing for the merger of the independent school system of the City of Albany and the school district in the County of Dougherty lying outside the corporate limits of said city, so as to provide that the tax commissioner of Dougherty County shall retain an amount not exceeding a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Dougherty County to reimburse the county for the cost of collecting school taxes; and for other purposes.

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

HB 696. By Representatives Day of the 126th, Stephens of the 123rd, Keen of the 146th and Westmoreland of the 86th:
A BILL to amend Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions and deferrals, so as to exempt from taxation up to $75,000.00 of the assessed value of recreational boats whether owned or held in inventory by an individual, partnership, or corporation; and for other purposes.

Referred to the Committee on Ways & Means.

HB 697. By Representatives Gardner of the 42nd, Post 3 and Ashe of the 42nd, Post 2:
A BILL to amend Article 2 of Chapter 20A of Title 33 of the Official Code of Georgia Annotated, relating to patient's right to independent review, so as to include state employees in the definition of eligible enrollee to allow for the right to independent review of a medical decision; and for other purposes.

Referred to the Committee on Insurance.

HB 698. By Representatives Ehrhart of the 28th, Manning of the 32nd, Parsons of the 29th, Franklin of the 17th, Hines 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 an additional supplement for the chief judge of said circuit; and for other purposes.

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

HB 699. By Representatives Roberts of the 135th, Dukes of the 136th and Rynders of the 137th:
A BILL to amend an Act creating the office of County Administrator of

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Dougherty County, so as to change the provisions regarding the Clerk of the Board of Commissioners of Dougherty County; and for other purposes.

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

HB 700. By Representatives Gardner of the 42nd, Post 3, Oliver of the 56th, Post 2 and Moraitakis of the 42nd, Post 4:
A BILL to amend Chapter 9 ofTitle 31 of the Official Code of Georgia Annotated, relating to consent for surgical or medical treatment, so as to provide for persons appointed as representatives of mentally ill or mentally retarded persons to give consent for surgical or medical treatment; and for other purposes.

3/5/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 700. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Gardner District 42, Post 3

Referred to the Committee on Judiciary.

HB 701. By Representatives Gardner of the 42nd, Post 3, Manning of the 32nd and Childers of the 13th, Post 1:
A BILL to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to enact the "Georgia Independence Plus Act"; to provide for certain intentions of the General Assembly; to provide for the establishment of a consumer or family directed care program; and for other purposes.

Referred to the Committee on Human Relations & Aging.

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HB 702. By Representatives Manning of the 32nd, Ehrhart of the 28th, Parsons of the 29th, Hines of the 35th, Noel of the 44th and others:
A BILL to amend an Act providing for the election of members of the Board of Education of Cobb County, so as to change the description of the education districts of such board; and for other purposes.

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

HB 703. By Representatives McCall of the 78th, Cooper of the 30th, Powell of the 23rd, Roberts of the 131st, Royal of the 140th and others:
A BILL to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required and disclosure of exempting legal authority, so as to provide an exemption for certain records related to public water supply systems or public sewage systems; and for other purposes.

3/5/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 703. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative McCall District 78

Referred to the Committee on Natural Resources & Environment.

HB 704. By Representatives Lucas of the 105th, Birdsong of the 104th, Randall of the 107th, Ray of the 108th, Graves of the 106th and others:
A BILL to amend an Act establishing the Board of Public Education for Bibb County, so as to change the description of the education districts; and for other purposes.

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

HB 705. By Representative Golick of the 34th, Post 3:
A BILL to amend Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the control of signs and signals along public roads, so as to change provisions relating to the penalty for violations; and for other purposes.

Referred to the Committee on Transportation.

HR 376. By Representatives Sheldon of the 71st, Post 2, Westmoreland of the 86th, Keen of the 146th, Smith of the 110th, Mills of the 67th, Post 2 and others:
A RESOLUTION proposing an amendment to the Constitution so as to restrict amendments that increase appropriations made by the general appropriations Act; to provide for a short title; and for other purposes.

Referred to the Committee on Appropriations.

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 716. By Representatives Martin of the 37th, Burkhalter of the 36th, Jones of the 38th, Wilkinson of the 41st and Campbell of the 39th:
A BILL to amend Code Section 3-3-23 of the Official Code of Georgia Annotated, relating to furnishing to, purchase of, or possession by persons under 21 years of age of alcoholic beverages, so as to provide for a rebuttable presumption that a person selling or otherwise furnishing an alcoholic beverage to a person under age 21 without seeing proper identification to verify the age of such person acted knowingly; and for other purposes.

Referred to the Committee on Regulated Industries.

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HB 717. By Representatives Orrock of the 51st, Stephenson of the 60th, Post 1, Smith of the 129th, Post 2 and Burmeister of the 96th:
A BILL to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relsting to pharmacists, Article 8 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health service provider psychologists, and Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to authorize certain psychologists to prescribe drugs in certan circumstances; and for other purposes.

Referred to the Committee on Health and Human Services.

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

HB 672 HB 673 HB 674 HB 675 HB 676 HB 677 HB 678 HB 679 HB 680 HB 681 HB 682 HB 683 HB 684 HR 354

HR 355 HR 356 HR 357 HR 358 SB 22 SB 87 SB 88 SB 94 SB 96 SB 115 SB 145 SB 156 SB 158

Representative Powell of the 23rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the

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following recommendations:
HB 338 Do Pass HB 352 Do Pass, by Substitute

HB 506 Do Pass, by Substitute HB 517 Do Pass, by Substitute

Respectfully submitted, /s/ Powell of the 23rd
Chairman

Representative Childers of the 13th District, Post 1, Chairman of the Committee on Health and Human Services, submitted the following report:
Mr. Speaker:
Your Committee on Health and Human Services has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 183 Do Pass, by Substitute HB 372 Do Pass HR 228 Do Pass, by Substitute

Respectfully submitted, /s/ Childers of the 13th, Post 1
Chairman

Representative Hanner of the 133rd District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:

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

HB 26 Do Pass, by Substitute HB 242 Do Pass, by Substitute HB 509 Do Pass, by Substitute

HB 579 Do Pass, by Substitute HB 596 Do Pass

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Respectfully submitted, /s/ Hanner of the 133rd
Chairman

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Representative Smith of the 129th District, Post 2, 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 584 HB 649 HB 650 HB 652 HB 657 HB 659 HB 660

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

HB 661 HB 662 HB 665 HB 667 HB 668 HB 669 SB 9

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

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

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

HOUSE RULES CALENDAR THURSDAY, MARCH 6, 2003

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 26th Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 28

Sonny Kemp Intersection; designate in Hall County

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HR 81 HR 115 HR 128 HR 146 HR 175 HR 212

Harold Mann Memorial Interchange; designate Martin Luther King, Jr., Bypass; designate Lt. Col. Doyce Ariail Highway; designate Dean Bryant Intersection; designate Rod Smith Memorial Garden; designate Charles F. Hatcher Highway; designate

DEBATE CALENDAR

HB 206 HB 289 HB 455 HB 463 HB 470 HB 475

Professional counselors; licensing; exempt disaster relief services Former state employees; return to service; forfeited sick leave restored Limousine carriers; annual inspection reports Sex offender registry; amend provisions Juvenile courts; jurisdiction; everyone under age of 18 years Defined contribution plans; employer and employee contributions

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

Respectfully submitted, /s/ Smyre of the 111th
Chairman

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 649. By Representatives Buck of the 112th, Hugley of the 113th, Buckner of the 109th, Smith of the 110th and Smyre of the 111th:
A BILL to amend an Act providing that the governing authority of the county-wide government of Columbus, shall be authorized to provide for salary supplements for certain officers, officials, and employees of the county-wide government, so as to authorize such supplements for the judge of the probate court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 0.

THURSDAY, MARCH 6, 2003 The Bill, having received the requisite constitutional majority, was passed.

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HB 650. By Representative Hanner of the 133rd:
A BILL to amend an Act entitled "An Act providing a new charter for the City of Smithville," so as to provide for four-year staggered terms for the mayor and city councilmembers; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 652. By Representatives Cummings of the 19th and Heath of the 18th:
A BILL to amend an Act providing for a new board of education of Polk County, so as to provide for the election of members of the board of education by the voters of the entire county; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 657. By Representatives Yates of the 85th, Post 1, Lunsford of the 85th, Post 2 and Howell of the 92nd:
A BILL to amend an Act to provide a board of elections for Spalding County, so as to change the board of elections to a board of elections and registration; and for other purposes.

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

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On the passage of the Bill, the ayes were 106, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 659. By Representatives Ehrhart of the 28th, Richardson of the 26th, Manning of the 32nd, Franklin of the 17th, Cooper of the 30th and others:
A BILL to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, so as to change the compensation of certain employees of such office; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 665. By Representatives Black of the 144th, Shaw of the 143rd and Borders of the 142nd:
A BILL to amend an Act providing for the number of members and for the election of members of the Board of Education of Lowndes County, so as to revise the districts for the election of members of the board of education; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 668. By Representative Greene of the 134th:
A BILL to amend an Act creating the State Court of Early County, so as to provide for terms of said court; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 9.

By Senators Johnson of the 1st and Thomas of the 2nd:
A BILL to be entitled an Act to amend an Act creating the State Court of Chatham County, approved December 18, 1819 (Ga. L. 1819, p. 16), as amended, so as to provide for an additional judge of the State Court of Chatham County; to provide for the election, powers, duties, jurisdiction, privileges, immunities, and compensation of said additional judge; to authorize the governing authority of Chatham County to provide facilities, office space, supplies, equipment, and personnel for said judge; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the State Court of Chatham County, approved December 18, 1819 (Ga. L. 1819, p. 16), as amended, so as to provide for an additional judge of the State Court of Chatham County; to provide for the election, powers, duties, jurisdiction, privileges, immunities, and compensation of said additional judge; to authorize the governing authority of Chatham County to provide facilities, office space, supplies, equipment, and personnel for said judge; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the State Court of Chatham County, approved December 18, 1819 (Ga. L. 1819, p. 16), as amended, is amended by striking Section 2A and inserting in its place a new Section 2A to read as follows:
"SECTION 2A. There shall be an additional judgeship of the State Court of Chatham County. The

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initial judge to serve in such additional judgeship shall be elected in the manner provided by law for the election of judges of the state courts of this state at the general election in November, 2004, for a term of four years and until his or her successor shall have been elected and qualified and shall take office on the first day of January immediately following such judges election. The two judges of the State Court of Chatham County in office on the effective date of this Act shall continue to serve the remainder of the terms of office to which they were elected and until their successors are elected and qualified. Future successors shall be elected at the general election conducted immediately prior to the expiration of the term of office, and they shall take office on the first day of January following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. Said additional judge shall have and may exercise all powers, duties, jurisdictions, privileges, and immunities of the present judges of the State Court of Chatham County. Any of the judges of said court may preside over any cause and perform any official act as judge thereof. The compensation of the additional judge shall be the same as that provided for other judges of the State Court of Chatham County. Upon request of the additional judge, the governing authority of Chatham County is authorized to furnish the additional judge with suitable courtroom space and facilities, office space, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized herein are declared to be an expense of court and payable out of the county treasury as such."
SECTION 2. (a) The provisions of this Act necessary for the general election in November, 2004, as provided in Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) For all other purposes, this Act shall become effective on January 1, 2005.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 584. By Representatives Mosley of the 129th, Post 1, Smith of the 129th, Post 2 and DeLoach of the 127th:

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A BILL to provide that future elections for the office of probate judge of Long County shall be nonpartisan elections and provide for an election date; and for other purposes.

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

HB 660. By Representatives Brown of the 89th, Epps of the 90th and Smith of the 110th:
A BILL to amend an Act providing a board of education of Troup County, so as to correct a technical error and omissions in said 2002 amendatory Act; to provide that all members of the board who are elected thereto shall be nominated and elected in accordance with the Georgia Election Code in nonpartisan primaries and elections; and for other purposes.

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

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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks
Broome Y Brown Y Bruce

Y Day E Dean Y Deloach E Dix Y Dodson Y Dollar Y Dooley
Douglas E Drenner Y Dukes Y Ehrhart Y Elrod Y Epps
Fleming Y Floyd, H
Floyd, J Y Fludd
Forster N Franklin

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard
Howell Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan E Joyce Y Keen Y Knox Y Lane

Y Mobley Y Moraitakis
Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Porter Y Powell Y Purcell
Ralston

Y Sims Sinkfield
Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A

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Y Buck Y Buckner, D
Buckner, G Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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Y Gardner Golick
Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell
Heard, J Y Heard, K Y Heath Y Heckstall
Hembree E Henson Y Hill, C

Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell E McBee Y McCall E McClinton Y Millar Y Mills Y Mitchell

Y Randall Ray
E Reece, B Reece, S
N Rice Richardson
Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L
Walker, R.L Y Warren Y Watson
Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E
Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bills, the ayes were 143, nays 2. The Bills, having received the requisite constitutional majority, were passed.

HB 661. By Representatives Millar of the 52nd, Drenner of the 57th, Watson of the 60th, Post 2, McClinton of the 59th, Post 1, Mobley of the 58th and others:
A BILL to provide for a homestead exemption from certain DeKalb County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.

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

HB 662. By Representatives Millar of the 52nd, Drenner of the 57th, Watson of the 60th, Post 2, McClinton of the 59th, Post 1, Mobley of the 58th and others:
A BILL to provide for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.

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

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

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

Y Amerson Y Anderson N Ashe Y Bannister Y Barnard
Barnes Beasley-Teague N Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Borders Y Bridges Y Brock N Brooks Broome Y Brown Y Bruce Y Buck Y Buckner, D Buckner, G Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Casas Y Chambers Y Channell Y Childers Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day E Dean Y Deloach E Dix Y Dodson Y Dollar N Dooley Y Douglas E Drenner Y Dukes Y Ehrhart Y Elrod Y Epps
Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin N Gardner
Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell
Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree E Henson Y Hill, C

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell
Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones
Jordan E Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford N Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell E McBee Y McCall E McClinton Y Millar Y Mills N Mitchell

Y Mobley N Moraitakis
Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B N Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston Y Randall
Ray E Reece, B
Reece, S Y Rice
Richardson Y Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott
Shaw Y Sheldon Y Sholar

Y Sims Sinkfield
Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson
Stokes Y Stoner Y Teilhet N Teper
Thomas, A Thomas, A.M Y Thompson N Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Williams, R Y Wix Y Yates Coleman, Speaker

On the passage of the Bills, the ayes were 131, nays 11. The Bills, having received the requisite constitutional majority, were passed.

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Representative Mangham of the 62nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 667. By Representative Greene of the 134th:
A BILL to provide a homestead exemption from Quitman County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 62 years of age or older; and for other purposes.

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

HB 669. By Representative Greene of the 134th:
A BILL to provide a homestead exemption from Clay County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 62 years of age or older; and for other purposes.

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

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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux

Y Day E Dean Y Deloach E Dix Y Dodson Y Dollar Y Dooley
Douglas E Drenner Y Dukes Y Ehrhart Y Elrod

E Hill, C.A Hill, V
Y Hines Y Holmes Y Houston Y Howard Y Howell
Hudson Y Hugley Y Jackson Y James Y Jamieson

Y Mobley Y Moraitakis
Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock

Y Sims Y Sinkfield Y Skipper
Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snow Y Stanley-Turner Y Stephens, E

Borders Y Bridges Y Brock Y Brooks
Broome Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Bunn Y Burkhalter Y Burmeister Butler Y Campbell Casas Y Chambers Y Channell Y Childers Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

THURSDAY, MARCH 6, 2003

Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner
Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell
Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree E Henson Y Hill, C

Y Jenkins Y Jones Y Jordan E Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell E McBee Y McCall E McClinton Y Millar Y Mills Y Mitchell

Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall E Ray E Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

1087
Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson
Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bills, the ayes were 149, nays 0. The Bills, having received the requisite constitutional majority, were passed.

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

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 20. By Senators Jackson of the 50th, Meyer von Bremen of the 12th and Seay of the 34th:
A BILL to be entitled an Act to amend Code Section 16-5-60 of the Official Code of Georgia Annotated, relating to reckless conduct causing harm to or endangering the bodily safety of another, so as to prohibit assault with body fluids, saliva, or feces by a person who is infected with HIV or hepatitis against a peace officer or correctional officer; to prescribe penalties for violations; to provide for related matters; to repeal conflicting laws; and for

1088

JOURNAL OF THE HOUSE

other purposes.
SB 124. By Senators Hamrick of the 30th, Thomas of the 54th, Hall of the 22nd, Johnson of the 1st, Collins of the 6th and others:
A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to minors generally, so as to change certain penalties for certain unlawful acts involving computer pornography and child sexual exploitation; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 153. By Senators Unterman of the 45th, Mullis of the 53rd and Bulloch of the 11th:
A BILL to be entitled an Act to amend Code Section 21-2-131 of the Official Code of Georgia Annotated, relating to qualifying fees, so as to revise the procedure for the calculation of qualifying fees for certain county officials; to repeal conflicting laws; and for other purposes.
SB 155. By Senators Golden of the 8th, Hudgens of the 47th, Bulloch of the 11th, Gillis of the 20th and Johnson of the 1st:
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 deferred compensation plans, so as to provide that qualified defined contribution plans authorized for the state and its political subdivisions may accept contributions from employers and employees; to repeal conflicting laws; and for other purposes.
SB 167. By Senators Lamutt of the 21st, Golden of the 8th, Shafer of the 48th, Balfour of the 9th and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Code Section 34-8-155 of the Official Code of Georgia Annotated, relating to benefit experience and variations from standard rate of employer contributions during certain periods, so as to provide for an extension of the reduction in contribution rates through December 31, 2004; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 121. By Representatives Coleman of the 118th, Buck of the 112th, Skipper of the 116th, Westmoreland of the 86th, O`Neal of the 117th and others:

THURSDAY, MARCH 6, 2003

1089

A BILL to amend an Act providing appropriations for the State Fiscal Year 2002-2003 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2002-2003; and for other purposes.

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

SB 20.

By Senators Jackson of the 50th, Meyer von Bremen of the 12th and Seay of the 34th:
A BILL to be entitled an Act to amend Code Section 16-5-60 of the Official Code of Georgia Annotated, relating to reckless conduct causing harm to or endangering the bodily safety of another, so as to prohibit assault with body fluids, saliva, or feces by a person who is infected with HIV or hepatitis against a peace officer or correctional officer; to prescribe penalties for violations; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Judiciary.

SB 124. By Senators Hamrick of the 30th, Thomas of the 54th, Hall of the 22nd, Johnson of the 1st, Collins of the 6th and others:
A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to minors generally, so as to change certain penalties for certain unlawful acts involving computer pornography and child sexual exploitation; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Judiciary.

SB 153. By Senators Unterman of the 45th, Mullis of the 53rd and Bulloch of the 11th:
A BILL to be entitled an Act to amend Code Section 21-2-131 of the Official

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JOURNAL OF THE HOUSE
Code of Georgia Annotated, relating to qualifying fees, so as to revise the procedure for the calculation of qualifying fees for certain county officials; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Governmental Affairs.

SB 155. By Senators Golden of the 8th, Hudgens of the 47th, Bulloch of the 11th, Gillis of the 20th and Johnson of the 1st:
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 deferred compensation plans, so as to provide that qualified defined contribution plans authorized for the state and its political subdivisions may accept contributions from employers and employees; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Retirement.

SB 167. By Senators Lamutt of the 21st, Golden of the 8th, Shafer of the 48th, Balfour of the 9th and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Code Section 34-8-155 of the Official Code of Georgia Annotated, relating to benefit experience and variations from standard rate of employer contributions during certain periods, so as to provide for an extension of the reduction in contribution rates through December 31, 2004; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Industrial Relations.

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

HB 470. By Representatives Benfield of the 56th, Post 1, Westmoreland of the 86th, Crawford of the 91st, Gardner of the 42nd, Post 3 and Oliver of the 56th, Post 2:

THURSDAY, MARCH 6, 2003

1091

A BILL to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, so as to expand the jurisdiction of the juvenile court to all persons under the age of 18; to conform provisions relating to juveniles to such expansion of jurisdiction; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions relative to juvenile proceedings, so as to change a definition; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions relative to juvenile proceedings, is amended by striking paragraph (2), and inserting in its place the following:
"(2) 'Child' means any individual who is: (A) Under the age of 17 years; (B) Under the age of 21 years, who committed an act of delinquency before reaching the age of 17 years, and who has been placed under the supervision of the court or on probation to the court; or (C) Under the age of 18 years, if alleged to be a 'deprived child' or a 'status offender' as defined by this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister

N Day E Dean Y Deloach E Dix

E Hill, C.A Hill, V
Y Hines Y Holmes

Y Mobley Y Moraitakis Y Morris Y Mosby

Y Sims Y Sinkfield Y Skipper Y Smith, B

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JOURNAL OF THE HOUSE

Y Barnard Y Barnes
Beasley-Teague Benfield Birdsong Y Black Y Boggs Y Bordeaux Y Borders Bridges Y Brock Y Brooks Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter E Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Dodson Y Dollar Y Dooley
Douglas E Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall
Hembree E Henson Y Hill, C

Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson
Jenkins Y Jones Y Jordan E Joyce Y Keen Y Knox Y Lane
Lewis Y Lord Y Lucas
Lunsford Maddox Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell E McBee Y McCall E McClinton Y Millar Y Mills Y Mitchell

Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M
O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall E Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 150, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

Representatives Bridges of the 7th, Hembree of the 46th and Lewis of the 12th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

THURSDAY, MARCH 6, 2003

1093

HR 28.

By Representatives Amerson of the 9th, Reece of the 21st, Rogers of the 20th and Mills of the 67th, Post 2:
A RESOLUTION designating a portion of SR 60 in Hall County as the Sonny Kemp Intersection; and for other purposes.

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

HR 81.

By Representatives Williams of the 4th, Forster of the 3rd, Post 1, Joyce of the 2nd, Brock of the 5th, Chambers of the 53rd and others:
A RESOLUTION designating the Harold Mann Memorial Interchange on I75 in Whitfield County; and for other purposes.

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

HR 115. By Representative Greene of the 134th:
A RESOLUTION designating that new portion of US 82 within the corporate limits of the City of Georgetown as Martin Luther King, Jr., Bypass; and for other purposes.

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

HR 128. By Representatives Sholar of the 141st, Post 1, Broome of the 141st, Post 2 and Greene of the 134th:
A RESOLUTION designating a portion of SR 38 in the City of Climax in honor of Lt Col. Doyce Ariail; and for other purposes.

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

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JOURNAL OF THE HOUSE

HR 146. By Representative Amerson of the 9th:
A RESOLUTION designating the Dean Bryant Intersection; and for other purposes.

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

HR 175. By Representative Rogers of the 20th:
A RESOLUTION recognizing Boyd Rodney "Rod" Smith and designating the Rod Smith Memorial Garden; and for other purposes.

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

HR 212. By Representative Dukes of the 136th:
A RESOLUTION designating the Charles F. Hatcher Highway; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders

Y Day E Dean Y Deloach E Dix Y Dodson Y Dollar Y Dooley Y Douglas E Drenner Y Dukes Y Ehrhart Y Elrod Y Epps

E Hill, C.A Hill, V
Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins

Y Mobley Y Moraitakis Y Morris Y Mosby
Mosley Y Murphy, J
Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R

Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter E Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers
Coan Y Coleman, B
Cooper Y Crawford
Cummings

THURSDAY, MARCH 6, 2003

Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster
Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall
Hembree E Henson Y Hill, C

Y Jones Y Jordan E Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Lunsford Maddox Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell E McBee McCall E McClinton Y Millar Y Mills Y Mitchell

Y Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston Y Randall E Ray E Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

1095
Y Stephenson Y Stokes
Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M
Thompson Y Twiggs
Walker, L Y Walker, R.L Y Warren
Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the adoption of the Resolutions, the ayes were 145, nays 0. The Resolutions, having received the requisite constitutional majority, were adopted.

Representatives Bridges of the 7th and Hembree of the 46th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 463. By Representatives Boggs of the 145th, Westmoreland of the 86th, Skipper of the 116th, Bordeaux of the 125th, Rogers of the 20th and others:
A BILL to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the state sexual offender registry, so as to change the provisions relating to registration requirements applicable to certain sex offenders; to include additional offenses relating to victims who are minors; to clarify language for annual registration; and for other purposes.

The following amendment was read and adopted:

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JOURNAL OF THE HOUSE

Representatives Franklin of the 17th and Boggs of the 145th moves to amend HB 463 by striking lines 4 and 5 of page 1 and inserting in lieu thereof the following:
"victims who are minors; to clarify language for annual registration;".
By striking lines 34 through 37 of page 7 and inserting in lieu thereof the following: "the manner described in subsection (c) of this Code section."

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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders
Bridges Y Brock Y Brooks
Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day E Dean Y Deloach E Dix Y Dodson Y Dollar Y Dooley Y Douglas E Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall
Hembree E Henson Y Hill, C

E Hill, C.A Hill, V
Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan E Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Lunsford Y Maddox Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell E McBee Y McCall E McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall E Ray E Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L
Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson
Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

THURSDAY, MARCH 6, 2003

1097

On the passage of the Bill, as amended, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representatives Bridges of the 7th and Hembree of the 46th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 289. By Representatives Smith of the 110th, Coleman of the 65th, Barnard of the 121st, Post 1 and Dodson of the 84th, Post 1:
A BILL to amend Code Section 45-20-16 of the Official Code of Georgia Annotated, relating to sick and personal leave for public officers and employees, so as to provide for restoration of certain forfeited sick leave after return to service for two consecutive years; and for other purposes.

The report of the Committee, which was favorable to the 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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux
Borders Y Bridges N Brock Y Brooks
Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn

Y Day E Dean Y Deloach E Dix Y Dodson Y Dollar Y Dooley Y Douglas E Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd N Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins
Jones Jordan E Joyce Y Keen N Knox Y Lane Y Lewis Y Lord Lucas Lunsford

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall E Ray E Reece, B Y Reece, S

Y Sims Y Sinkfield
Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L

1098
Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell
Childers Y Coan
Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Greene Y Greene-Johnson Y Hanner Y Harbin
Harper Y Harrell N Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree E Henson Y Hill, C

Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey N Maxwell E McBee Y McCall E McClinton Y Millar Y Mills Y Mitchell

Y Rice Richardson
Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Walker, R.L Y Warren Y Watson
Westmoreland Y White Y Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 144, nays 7. The Bill, having received the requisite constitutional majority, was passed.

Representative Coleman of the 65th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 455. By Representatives Powell of the 23rd and Parham of the 94th:
A BILL to amend Code Section 46-7-85.5 of the Official Code of Georgia Annotated, relating to safety and mechanical inspections, so as to provide that each limousine carrier shall obtain and furnish a report of inspection for safety and mechanical function on an annual basis; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs

Y Day E Dean
Deloach E Dix Y Dodson Y Dollar Y Dooley Y Douglas E Drenner
Dukes Ehrhart

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner

Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks
Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

THURSDAY, MARCH 6, 2003

Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree E Henson Y Hill, C

Y Jamieson Y Jenkins Y Jones Y Jordan E Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell E McBee Y McCall E McClinton Y Millar Y Mills Y Mitchell

Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall E Ray E Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

1099
Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson
Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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

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

HR 378. By Representatives Hudson of the 95th and Lord of the 103rd:
A RESOLUTION recognizing the Thomson High School Football Team, winners of the 2002 State Class AAAA Championship, and inviting the team to the House of Representatives; and for other purposes.

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

HB 206. By Representatives Gardner of the 42nd, Post 3, Childers of the 13th, Post 1, Hembree of the 46th and Drenner of the 57th:

1100

JOURNAL OF THE HOUSE
A BILL to amend Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements for professional counselors, social workers, and marriage and family therapists, so as to provide an exemption from such requirements for certain persons providing certain disaster relief services; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements for professional counselors, social workers, and marriage and family therapists, so as to provide an exemption from such requirements for certain persons providing certain disaster relief services; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements for professional counselors, social workers, and marriage and family therapists, is amended by striking the word "and" at the end of paragraph (17) of subsection (b); by replacing the period at the end of paragraph (18) of subsection (b) with the symbol and word "; and"; and by adding at the end of subsection (b) a new paragraph (19) to read as follows:
"(19) Persons currently licensed to practice a specialty in another jurisdiction and who are practicing such specialty within a defined disaster area in order to alleviate the impact on persons affected by a disaster as defined in paragraph (1) of Code Section 38-3-91 or a state of emergency as defined in paragraph (7) of Code Section 38-3-3, but only when such specialty services are provided without cost to the recipients, and only for a maximum of thirty consecutive days following a disaster or a state of emergency."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

THURSDAY, MARCH 6, 2003

1101

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong
Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks
Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell N Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day E Dean Y Deloach E Dix Y Dodson N Dollar Y Dooley Y Douglas E Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin
Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree E Henson Y Hill, C

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan E Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell E McBee Y McCall E McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis
Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall E Ray E Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner
Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson
Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 155, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 475. By Representatives Dukes of the 136th, Cummings of the 19th, Black of the 144th, Stephens of the 123rd, Martin of the 37th and others:

1102

JOURNAL OF THE HOUSE
A BILL to amend Article 2 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to deferred compensation plans, so as to provide that qualified defined contribution plans authorized for the state and its political subdivisions may accept contributions from employers and employees; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to deferred compensation plans, so as to provide that deferred compensation plans authorized for the state and its political subdivisions may accept contributions from employers and employees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to deferred compensation plans, is amended by striking in its entirety Code Section 45-1835, relating to the operation of such plans without cost to the state or political subdivisions, and inserting in lieu thereof the following:
"45-18-35. The State Personnel Board or the administrator of the plan shall arrange for all services required to carry out the deferred compensation plan or plans so that such plan or plans shall operate without cost to the state, county, city, or other political subdivision except for employer contributions to a deferred compensation plan and for the incidental expense of administering the payroll salary deduction or reduction and the remittance thereof."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

THURSDAY, MARCH 6, 2003

1103

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders
Bridges Y Brock Y Brooks
Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach E Dix Y Dodson Y Dollar Y Dooley Y Douglas E Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree E Henson Y Hill, C

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson
James Y Jamieson Y Jenkins Y Jones Y Jordan E Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin
Massey Y Maxwell E McBee Y McCall E McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall E Ray E Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson
Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Appropriations and referred to the Committee on State Planning & Community Affairs:

HB 561. By Representatives Henson of the 55th, Smith of the 129th, Post 2, Ashe of the 42nd, Post 2, Royal of the 140th and Crawford of the 91st:

1104

JOURNAL OF THE HOUSE
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 a definition; to provide for procedures, conditions, and limitations; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 121. By Representatives Coleman of the 118th, Buck of the 112th, Skipper of the 116th, Westmoreland of the 86th, O`Neal of the 117th and others:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2002-2003 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2002-2003; and for other purposes.

The following Senate substitute was read:

A BILL
To amend an Act providing appropriations for the State Fiscal Year 2002-2003 known as the "General Appropriations Act", approved May 13, 2002 (Ga. L. 2002, p. 673), so as to change certain appropriations for the State Fiscal Year 2002-2003; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 2002-2003, as amended,
known as the "General Appropriations Act" approved May 13, 2002 (Ga. L. 2002, p. 673), is further amended by striking everything following the enacting clause through Section 68, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 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,

THURSDAY, MARCH 6, 2003

1105

including unappropriated surplus, reserves and a revenue estimate of $13,834,000,000 (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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 34,549,182

$ 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

$ (1,818,378)

$ 34,549,182

$ 34,549,182

Senate Functional Budgets

Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Total

Total Funds State Funds $ 6,281,458 $ 6,281,458 $ 1,122,337 $ 1,122,337 $ 1,477,349 $ 1,477,349 $ 8,881,144 $ 8,881,144

House Functional Budgets

House of Representatives and Research Office

Total Funds State Funds $ 13,593,699 $ 13,593,699

1106

JOURNAL OF THE HOUSE

Speaker of the House's Office Clerk of the House's Office Total
Joint Functional Budgets
Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight Committee Total
Functional Budget
Austerity Adjustments

$

472,448 $

472,448

$ 1,709,110 $ 1,709,110

$ 15,775,257 $ 15,775,257

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

Total Funds State Funds $ (1,818,378) $ (1,818,378)

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

THURSDAY, MARCH 6, 2003

1107

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 29,664,013

$ 25,717,476

$

863,300

$

530,000

$

117,000

$

76,400

$ 1,072,400

$

203,000

$

0

$ 2,330,000

$

315,700

$ (1,561,263)

$ 29,664,013

$ 29,664,013

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 Austerity Adjustments

$ 132,932,270

$ 17,386,921

$ 117,495,274

$ 4,191,771

$ 1,939,121

$

48,500

$

800,000

$

628,375

$ (6,512,421)

1108

JOURNAL OF THE HOUSE

Total Funds Budgeted State Funds Budgeted

$ 135,977,541 $ 132,932,270

Judicial Branch Functional Budgets

Supreme Court Court of Appeals Superior Court - Judges Superior Court - District Attorneys Juvenile Court Institute of Continuing Judicial Education Judicial Council Judicial Qualifications Commission Indigent Defense Council Georgia Courts Automation Commission Georgia Office Of Dispute Resolution Total

Total Funds

$ 8,490,324 $

$ 11,088,857 $

$ 46,778,895 $

$ 43,484,545 $

$ 1,353,120 $

$ 1,173,224 $

$ 13,705,930 $

$

260,230 $

$ 7,682,177 $

$ 1,615,349 $

$

344,890 $

$ 135,977,541 $

State Funds 7,169,958 10,992,857 46,778,895 41,940,640 1,353,120 1,173,224 13,620,930 260,230 7,682,177 1,615,349 344,890
132,932,270

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

$ 39,896,617

$ 18,978,286

$ 4,839,418

$

288,341

$

20,418

$

150,042

$ 3,354,953

$ 1,166,069

$

486,786

$

736,181

$

345,435

$

0

$

0

$

0

$ 2,350,000

$ 1,532,156

$

0

$

0

$ 6,014,012

THURSDAY, MARCH 6, 2003

1109

Public Safety Officers Indemnity Fund Health Planning Review Board Operations Payments to Aviation Hall of Fame Payments to Golf Hall of Fame Alternative Fuels Grant State Self Insurance Fund Payments to Georgia Technology Authority Removal of Hazardous Waste Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$

445,222

$

33,950

$

47,045

$

72,750

$

398,247

$

0

$ 22,026,003

$

98,000

$ (2,111,180)

$ 61,272,134

$ 39,896,617

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 Austerity Adjustments Total

Total Funds State Funds

$ 31,942,809 $ 28,971,658

$ 13,992,244 $ 1,239,714

$ 3,473,850 $ 3,444,480

$ 3,439,857 $

445,222

$ 1,502,397

1,467,986

$ 1,056,867 $ 1,044,170

$

653,647 $

653,647

$ 2,663,928 $

387,129

$ 4,657,715 $ 4,353,791

$ (2,111,180) $ (2,111,180)

$ 61,272,134 $ 39,896,617

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 Facilities Renovations and Repairs

$

0

$ 15,548,326

$ 8,489,556

$

11,843

$

200,000

$

63,835

$

322,000

$

15,071

$

261,916

$

681,124

$ 1,050,360

$ 5,508,583

$ 8,096,639

$ 1,439,409

1110

JOURNAL OF THE HOUSE

Payments to Department of Public Safety Building Access Control
Total Funds Budgeted State Funds Budgeted
Departmental Functional Budgets
Executive Division Facilities Operations Property Resources Internal Operations Transportation External Operations Total

$ 3,151,435 $ 1,670,244 $ 46,510,341

$

0

Total Funds State Funds

$ 5,270,251 $

0

$ 27,567,904 $

0

$ 4,956,006 $

0

$ 2,141,473 $

0

$ 2,349,766 $

0

$ 4,224,941 $

0

$ 46,510,341 $

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted
Section 5. Department of Agriculture. State Funds Personal Services Regular Operating Expenses

$

0

$ 56,046,961

$ 5,370,000

$

640,000

$

0

$

468,425

$ 25,712,369

$ 4,117,263

$

6,000

$ 18,307,086

$ 3,249,000

$

0

$ 85,323,000

$

501,019

$ 1,901,830

$

0

$ (949,526)

$ 200,693,427

$

0

$ 39,432,553 $ 34,588,740 $ 4,344,894

THURSDAY, MARCH 6, 2003

1111

Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Market Bulletin Postage Payments to Athens and Tifton Veterinary
Laboratories Poultry Veterinary Diagnostic Laboratories in
Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe Veterinary Fees Indemnities Advertising Contract Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets Capital Outlay Contract - Federation of Southern Cooperatives Boll Weevil Eradication Program Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 1,069,428

$

276,255

$

462,082

$

664,341

$ 1,208,440

$

398,176

$

33,500

$ 1,752,401

$ 1,138,240

$ 3,474,078

$ 2,918,351

$

142,000

$

10,000

$

425,000

$

653,000

$

0

$

40,000

$

0

$ (1,516,354)

$ 52,082,572

$ 39,432,553

Departmental Functional Budgets

Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Austerity Adjustments Total

Total Funds State Funds

$ 9,082,293 $ 7,603,119

$ 15,789,496 $ 12,782,361

$ 7,993,766 $ 4,243,766

$ 8,096,851 $ 7,784,851

$

0$

0

$ 11,833,730 $ 8,534,810

$

802,790 $

0

$ (1,516,354) $ (1,516,354)

$ 52,082,572 $ 39,432,553

Section 6. Department of Banking and Finance. State Funds Personal Services

$ 10,557,882 $ 9,496,764

1112

JOURNAL OF THE HOUSE

Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

Section 7. Department of Community Affairs. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Capital Felony Expense Contracts for Regional Planning and Development Local Assistance Grants Appalachian Regional Commission Assessment HUD-Community Development Block Pass thru
Grants Payment to Georgia Environmental Facilities
Authority Community Service Grants Home Program ARC-Revolving Loan Fund Local Development Fund Payment to State Housing Trust Fund Payments to Sports Hall of Fame Regional Economic Business Assistance Grants - GHFA EZ/EC Administration

$

284,269

$

331,853

$

16,500

$

2,347

$

196,978

$

542,079

$

124,341

$

10,435

$

0

$ (447,684)

$ 10,557,882

$ 10,557,882

$ 46,051,608

$ 23,106,385

$ 1,979,687

$

611,739

$

0

$

166,022

$ 1,488,569

$

980,976

$

714,692

$

573,436

$

536,967

$

0

$ 1,921,288

$ 16,566,510

$

152,750

$ 30,000,000

$

190,000

$ 5,000,000

$ 2,947,155

$

0

$

238,162

$ 3,056,375

$

800,414

$ 2,880,000

$

0

THURSDAY, MARCH 6, 2003

1113

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$

0

$

705,094

$ 1,250,000

$ 50,000,000

$ 4,498,741

$ 1,000,000

$

495,000

$

200,000

$ (473,552)

$ 151,586,410

$ 46,051,608

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 One Georgia Austerity Adjustments Total

Total Funds State Funds

$ 17,416,869 $ 17,164,834

$ 4,428,782 $ 4,200,706

$ 37,408,501 $ 5,755,143

$ 9,010,683 $ 2,941,752

$ 7,780,448 $ 6,126,448

$ 2,368,029 $

629,176

$ 1,303,148 $

804,816

$ 66,743,084 $ 3,541,769

$ 5,360,516 $ 5,360,516

$

239,902 $

0

$ (473,552) $ (473,552)

$ 151,586,410 $ 46,051,608

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

$ 1,649,420,605

$ 28,237,232

$ 33,528,994

$ 8,676,868

$

388,883

$

0

$

75,136

$ 88,551,040

$ 1,743,338

$

965,696

$ 1,869,021

$ 412,905,707

$ 5,120,035,040

1114

JOURNAL OF THE HOUSE

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 Austerity Adjustments
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted

$ 1,097,500

$

16,757

$

183,244

$

809,076

$ 975,000,000

$

66,000

$

375,000

$

748,000

$ 4,012,890

$ 2,136,719

$

100,000

$ 3,772,911

$ 18,181,491

$ 8,311,183

$

445,900

$

460,013

$

116,400

$ (1,683,964)

$ 6,682,888,843

$ 28,237,232

$ 1,649,420,605

Departmental Functional Budgets

Commissioner's Office Community Affairs Medicaid Benefits, Penalties and Disallowances Medical Assistance Plans Managed Care and Quality Information Technology General Counsel Operations Financial Planning and Fiscal Policy Minority Health Women's Health Rural Health State Health Benefit Plan Public Employee Health Claims Georgia Board for Physician Workforce State Medical Education Board Composite Board of Medical Examiners

Total Funds State Funds

$

880,738 $

559,000

$

361,222 $

180,611

$ 5,120,035,040 $ 1,593,235,955

$ 109,545,074 $ 10,233,202

$ 3,829,906 $ 1,913,309

$ 99,215,125 $ 16,166,288

$ 7,806,019 $ 3,740,402

$ 6,430,480 $ 2,420,652

$ 6,266,601 $ 2,733,587

$ 3,882,150 $ 2,464,198

$

692,556 $

473,337

$

489,205 $

471,231

$ 3,312,332 $ 2,915,335

$ 304,991,665 $

0

$ 975,000,000 $

0

$ 38,033,920 $ 38,033,920

$ 1,419,696 $ 1,419,696

$ 2,381,078 $ 2,381,078

THURSDAY, MARCH 6, 2003

1115

Austerity Adjustments Total

$ (1,683,964) $ (1,683,964) $ 6,682,888,843 $ 1,677,657,837

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 Austerity Adjustments
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted

$ 61,073,226

$ 4,970,705

$

373,107

$

165,254

$

45,000

$

0

$

1,155

$

205,000

$

0

$

12,350

$

0

$ 8,713,020

$ 222,013,028

$

(49,478)

$ 231,478,436

$ 4,970,705

$ 61,073,226

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

$ 927,037,519

$ 579,024,118

$ 64,294,796

$ 2,026,509

$ 1,151,532

$ 3,626,259

$ 6,232,636

$ 7,504,319

$ 7,860,719

$

39,000

$ 82,833,575

$

0

1116

JOURNAL OF THE HOUSE

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 Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Funding State Funds Budgeted

$ 25,802,042

$ 1,300,000

$ 36,737,700

$ 8,621,740

$

0

$

893,624

$ 4,268,025

$ 1,627,150

$

577,160

$ 1,345,000

$ 127,386,917

$

449,944

$

753,000

$ (8,277,654)

$ 956,078,111

$

450,000

$ 927,037,519

Departmental Functional Budgets

Executive Operations Administration Human Resources Field Probation Facilities Programs Austerity Adjustments Total

Total Funds State Funds $ 31,246,133 $ 30,796,133 $ 35,297,197 $ 35,297,197 $ 8,812,294 $ 8,812,294 $ 88,425,039 $ 84,182,792 $ 654,051,228 $ 638,167,092 $ 146,523,874 $ 138,059,665 $ (8,277,654) $ (8,277,654) $ 956,078,111 $ 927,037,519

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

$ 8,146,887

$ 18,022,071

$ 23,807,148

$

90,875

$

0

$

52,800

$

123,625

$

44,010

$ 1,009,973

$ 1,341,895

THURSDAY, MARCH 6, 2003

1117

Contracts Capital Outlay Capital Leases Austerity Adjustments Total Funds Budgeted State Funds Budgeted
Departmental Functional Budgets
Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Austerity Adjustments Total
Section 11. State Board of Education A. Budget Unit: State Funds - Department of
Education Tobacco Funds Operations: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Utilities Capital Outlay QBE Formula Grants: Kindergarten/Grades 1 - 3 Grades 4 - 8 Grades 9 - 12 Limited English-Speaking Students Program Alternative Programs Vocational Education Laboratories Special Education Gifted

$

244,000

$

337,000

$

9,930

$ (171,137)

$ 44,912,190

$ 8,146,887

Total Funds State Funds

$ 2,866,951 $ 2,480,168

$ 7,582,167 $

932,779

$ 34,634,209 $ 4,905,077

$ (171,137) $ (171,137)

$ 44,912,190 $ 8,146,887

$ 6,001,535,205

$ 30,000,000

$ 42,599,551

$ 5,726,255

$ 1,329,778

$

0

$

269,852

$ 1,123,899

$ 4,072,182

$ 46,240,646

$ 9,634,441

$

867,149

$

749,441

$ 30,569,700

$ 1,670,110,038 $ 1,518,329,279 $ 731,751,267 $ 59,173,375 $ 67,252,978 $ 184,842,312 $ 720,668,663 $ 160,116,639

1118

JOURNAL OF THE HOUSE

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 Title I-A Improving Basic Programs - LEA's Title I-B Even Start Instructional Services for the Handicapped Retirement (H.B. 272 and H.B. 1321) Title VI-A State Assessment Programs Tuition for the Multi-Handicapped PSAT School Lunch (Federal) Joint Evening Programs Education of Homeless Children/Youth Pay for Performance Pre-School Handicapped Program Mentor Teachers Environmental Science Grants Advanced Placement Exams Serve America Program Title IV-A1, Safe and Drug Free Schools School Lunch (State) Charter Schools Refugee School Impact Title V, Innovative Programs State and Local Education Improvement

$ 23,823,728

$ 47,746,071

$ 29,837,332

$ 144,071,393

$ 888,891,079

$ 164,823,928

$ (1,101,591,195)

$ 118,060,632

$

0

$ 274,992,143

$ 6,352,443

$

826,722

$

860,000

$ 4,209,800

$ 56,305,453

$ 16,909,425

$

112,907

$ 309,883,868

$ 7,021,675

$ 191,495,397

$ 5,508,750

$

0

$ 1,813,433

$

733,805

$ 188,375,722

$

259,313

$ 1,546,542

$ 7,719,000

$ 22,207,231

$ 1,212,500

$

97,000

$ 2,808,000

$

150,000

$ 10,567,629

$ 37,934,355

$ 8,908,679

$

639,390

$ 9,389,202

$

0

THURSDAY, MARCH 6, 2003

1119

Health Insurance - Non-Cert. Personnel and Retired Teachers
Innovative Programs Title II Math/Science Grant (Federal) Migrant Education (State) Regional Education Service Agencies Severely Emotionally Disturbed Georgia Learning Resources System Special Education at State Institutions Byrd Honor Scholarships Title 1-F, 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 Title I-C Migrant Education (Federal) Title I-D Neglected and Delinquent Title II-A Improving Teacher Quality Title II-D Enhancing Education Thru Technology Title III-A English Language Title IV-B 21st Century Communication Title VI-B Rural and Low-Income Temporary QBE Reduction Austerity Adjustments
Total Funds Budgeted Indirect DOAS Services Funding
Tobacco Funds Budgeted State Funds Budgeted

$ 107,826,070

$

0

$

0

$

274,395

$ 11,903,088

$ 66,619,874

$ 4,986,505

$ 3,895,955

$ 1,188,000

$ 8,478,748

$

250,000

$ 2,398,337

$

0

$ 6,925,330

$

0

$ 30,000,000

$ 77,360,892

$ 13,836,059

$ 4,011,690

$ 20,959,228

$ 1,460,475

$

0

$

564,000

$ 4,015,000

$ 8,626,018

$ 2,000,255

$ 72,520,695

$ 17,764,034

$ 6,786,358

$ 8,691,764

$ 6,941,585

$ (131,536,534)

$ (18,378,955)

$ 7,080,299,663

$

0

$ 30,000,000

$ 6,001,535,205

Departmental Functional Budgets

Total Funds State Funds

1120

JOURNAL OF THE HOUSE

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 Austerity Adjustments Total

$ 14,789,143 $ 12,759,548

$ 28,709,662 $ 10,306,527

$ 1,445,236 $ 1,367,647

$ 8,758,496 $ 3,285,029

$ 11,202,965 $

245,785

$ 18,038,064 $ 12,559,729

$ 6,996,747,500 $ 5,991,430,593

$ 6,182,693 $ 5,919,175

$ 5,968,004 $ 5,541,533

$ 6,836,855 $ 6,498,594

$ (18,378,955) $ (18,378,955)

$ 7,080,299,663 $ 6,031,535,205

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

$ 1,248,708

$ 245,057,987

$ 1,923,676

$ 5,659,478

$ 1,196,944

$

36,500

$

50,000

$

0

$

0

$

0

$

5,000

$

0

$

3,000

THURSDAY, MARCH 6, 2003

Telecommunications Utilities Capital Outlay Federal Programs Standards of Care Austerity Adjustments

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 Austerity Adjustments

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

1121

$

11,000

$

0

$

0

$ 75,495,529

$

424,000

$

(53,736)

$ 329,809,378

$ 252,641,141

$ 1,248,708

$

617,000

$ 3,697,923

$

654,200

$

29,000

$

0

$

12,450

$ 1,269,708

$

345,740

$

82,002

$

973,600

$ 2,526,000

$

617,000

$

0

$ 10,207,623

$

617,000

$ 35,460,912

$ 31,626,657

$ 5,956,344

$

140,671

$ 1,042,852

$ 1,662,651

$

357,000

$

11,518

$

993,627

$

9,500

$

574,260

$

60,000

$

28,500

$

0

1122

JOURNAL OF THE HOUSE

Capital Outlay Austerity Adjustments

Total Funds Budgeted State Funds Budgeted

$

0

$ (746,546)

$ 41,717,034

$ 35,460,912

Departmental Functional Budgets

Reforestation Field Services General Administration and Support Austerity Adjustments Total

Total Funds State Funds

$ 2,045,695 $

13,839

$ 36,280,330 $ 32,224,219

$ 4,137,555 $ 3,969,400

$ (746,546) $ (746,546)

$ 41,717,034 $ 35,460,912

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 63,163,029

$ 53,441,683

$ 7,329,427

$

658,217

$

754,897

$

992,736

$ 2,578,794

$ 1,202,095

$ 1,409,626

$ 2,676,103

$ 2,596,885

$

378,908

$

0

$ 2,500,124

$ 35,250,509

$ (1,329,748)

$ 110,440,256

$ 63,163,029

Departmental Functional Budgets

Administration Investigative Georgia Crime Information Center Forensic Sciences Criminal Justice Coordinating Council

Total Funds State Funds

$ 6,206,154 $ 6,163,729

$ 31,715,820 $ 28,104,779

$ 12,427,096 $ 10,302,777

$ 20,381,885 $ 19,563,866

$ 41,039,049 $

357,626

THURSDAY, MARCH 6, 2003

1123

Austerity Adjustments Total

$ (1,329,748) $ (1,329,748) $ 110,440,256 $ 63,163,029

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 49,329,666

$ 22,198,996

$ 1,561,686

$

367,865

$

3,300

$

87,485

$

513,680

$ 1,290,714

$

827,759

$ 2,216,691

$ 7,809,464

$ 4,498,923

$

40,000

$ 10,127,927

$

358,595

$ 3,860,577

$

274,194

$

174,256

$

0

$

0

$

0

$

0

$

362,217

$

816,714

$

0

$

57,000

$

0

$

111,930

$

0

$ (1,869,062)

$ 55,690,911

$ 49,329,666

Departmental Functional Budgets

Governor's Office Office of Equal Opportunity

Total Funds State Funds

$ 14,664,241 $ 14,664,241

$

941,024 $

638,053

1124

JOURNAL OF THE HOUSE

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

$ 11,191,175 $

$ 5,093,983 $

$ 4,689,467 $

$

736,973 $

$

306,376 $

$ 8,690,596 $

$ 6,931,495 $

$ 2,445,581 $

$ 55,690,911 $

11,191,175 4,384,890 4,121,778
736,973 306,376 8,578,666 2,327,933 2,379,581 49,329,666

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 Postage Payments to DCH-Medicaid Benefits Grants to County DFCS - Operations Brain and Spinal Trust Fund Benefits Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$ 1,397,221,211 $ 47,748,385

$ 122,012,285

$ 5,756,380

$ 2,703,368

$

0

$

462,147

$ 10,584,263

$ 5,537,496

$ 39,876,746

$ 59,674,696

$ 16,862,994

$

125,000

$

0

$ 86,469,732

$

163,451

$ 2,095,936

$ 33,961,019

$ 1,555,000

$

850,000

$ (2,000,000)

$ 386,690,513

$

0

$ 8,278,248

$ 189,076,274

Departmental Functional Budgets

Commissioner's Office

Total Funds State Funds $ 1,242,371 $ 1,242,371

THURSDAY, MARCH 6, 2003

1125

Office of Planning and Budget Services

$

Office of Adoptions

$

Children's Community Based Initiative

$

Human Resources and Organization Development $

Computer Services

$

Technology and Support

$

Facilities Management

$

Regulatory Services - Program Direction and Support $

Child Care Licensing

$

Health Care Facilities Regulation

$

Office of Investigation

$

Office of Financial Services

$

Office of Audits

$

Human Resource Management

$

Transportation Services

$

Office of Facilities and Support Services

$

Indirect Cost

$

Policy and Government Services

$

Aging Services

$

DDSA Council

$

Brain and Spinal Trust Fund Benefits

$

Office of Child Support Enforcement

$

Austerity Adjustments

$

Total

$

4,188,404 $ 9,825,478 $ 10,181,847 $ 1,341,620 $ 74,885,283 $ 18,104,815 $ 8,881,897 $
895,393 $ 3,789,439 $ 12,397,970 $ 6,687,482 $ 10,327,734 $ 2,772,959 $ 6,785,687 $ 20,180,571 $ 18,709,662 $
0$ 1,334,534 $ 94,125,737 $ 1,608,994 $ 1,000,000 $ 79,422,636 $ (2,000,000) $ 386,690,513 $

4,159,888 6,328,614 9,906,847 1,341,620 37,122,611 13,678,351 6,704,114
620,880 3,686,570 6,067,305 1,920,957 5,938,024 2,772,959 6,785,687 3,012,188 18,709,662 (16,207,310) 1,334,534 63,578,843
31,498 1,000,000 19,618,309 (2,000,000) 197,354,522

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 Postage Medical Benefits Austerity Adjustments
Total Funds Budgeted

$ 57,141,277

$ 77,667,787

$

949,967

$

0

$

195,367

$ 1,509,862

$ 1,181,649

$ 10,772,863

$

0

$ 1,137,699

$

292,000

$ 28,820,194

$ 159,782,176

$

196,680

$ 6,138,072

$ (1,407,096)

$ 344,378,497

1126

JOURNAL OF THE HOUSE

Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$

0

$ 25,873,781

$ 170,025,002

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 Public Health - Division Indirect Cost

Total Funds State Funds

$ 13,634,848 $ 13,477,280

$ 5,392,983 $ 2,415,625

$ 2,903,473 $ 2,578,298

$ 2,196,041 $

985,179

$ 7,609,805 $ 6,842,986

$ 5,385,227 $ 5,385,227

$ 3,289,533 $ 1,013,946

$ 11,820,479 $ 4,948,295

$ 85,325,463 $

0

$ 71,095,447 $ 70,108,896

$ 13,303,079 $ 6,473,767

$ 3,676,641 $ 2,233,293

$

593,232 $

477,088

$ 4,112,209 $ 3,702,969

$ 1,702,964 $

0

$ 5,909,784 $ 4,310,823

$ 2,272,913 $ 1,416,761

$

988,516 $

766,655

$ 2,811,535 $ 1,143,976

$ 1,660,083 $ 1,660,083

$

0$

0

$ 8,286,968 $ 8,286,968

$ 3,091,866 $ 2,813,800

$ 2,264,558 $ 1,983,776

$

856,370 $

856,370

$ 2,140,668 $ 1,609,193

$ 8,124,485 $ 7,854,485

$

300,276 $

300,276

$ 22,094,510 $ 15,232,793

$ 12,152,398 $ 4,079,320

$ 12,520,466 $ 2,825,905

$

78,467 $

60,970

$ 13,074,928 $ 10,482,402

$

355,988 $

243,983

$ 14,759,390 $ 14,759,390

$

0 $ (4,024,899)

THURSDAY, MARCH 6, 2003

1127

Austerity Adjustments Total

$ (1,407,096) $ (1,407,096) $ 344,378,497 $ 195,898,783

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 DFCS - Operations Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$ 14,445,243

$ 3,414,939

$ 1,297,817

$

0

$

237,019

$

535,702

$ 6,981,954

$ 7,036,844

$

0

$

688,660

$ 7,630,688

$ 120,803,498

$ 7,209,127

$ 458,095,832

$ 31,312,611

$ 2,401,505

$ 382,636,430

$ (4,500,000)

$ 1,040,227,869

$

0

$ 3,341,218

$ 438,834,753

Departmental Functional Budgets

Director's Office Social Services Fiscal Management Quality Assurance Community Services Field Management Professional Development Economic Support Child Care and Parent Services Temporary Assistance for Needy Families SSI - Supplemental Benefits Refugee Programs

Total Funds State Funds

$ 1,079,930 $ 1,079,930

$ 6,685,445 $ 5,673,404

$ 4,638,254 $ 2,652,425

$ 3,844,812 $ 3,844,812

$ 14,224,301 $ 1,999,818

$ 2,885,891 $ 2,885,891

$ 4,321,266 $ 2,844,956

$ 3,137,563 $ 3,137,563

$

501,837 $

501,837

$ 111,634,948 $ 51,609,878

$

0$

0

$ 2,795,420 $

0

1128

JOURNAL OF THE HOUSE

Energy Benefits

$ 7,223,130 $

County DFACS Operations - Eligibility

$ 116,556,046 $

County DFACS Operations - Social Services

$ 142,042,681 $

Food Stamp Issuance

$ 3,190,752 $

County DFACS Operations - Homemakers Services $ 7,802,877 $

County DFACS Operations - Joint and

$ 90,468,209 $

Administration

County DFACS Operations - Employability Program $ 26,466,617 $

Employability Benefits

$ 43,105,900 $

Legal Services

$ 6,546,322 $

Family Foster Care

$ 68,959,689 $

Institutional Foster Care

$ 40,746,350 $

Specialized Foster Care

$ 21,641,542 $

Adoption Supplement

$ 44,855,747 $

Prevention of Foster Care

$ 15,744,598 $

Troubled Children

$ 61,262,815 $

Child Day Care

$ 180,700,622 $

Special Projects

$ 4,033,617 $

Children's Trust Fund

$ 7,630,688 $

Indirect Cost

$

0$

Austerity Adjustments

$ (4,500,000) $

Total

$ 1,040,227,869 $

0 51,600,228 59,883,698
0 0 43,709,946
10,571,448 10,743,985
2,670,531 38,927,560 20,169,660 16,401,408 25,591,338 2,069,048 33,149,436 56,316,937 3,993,617 7,630,688 (12,984,071) (4,500,000) 442,175,971

4. Community Mental Health/Mental Retardation and Institutions:
Personal Services Operating Expenses Motor Vehicle Equipment Purchases Utilities Major Maintenance and Construction Community Services Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$ 296,054,604

$ 58,242,887

$

200,000

$ 9,483,000

$ 1,991,161

$ 483,915,646

$ (3,100,000)

$ 846,787,298

$

0

$ 10,255,138

$ 599,285,182

Departmental Functional Budgets

Southwestern State Hospital Augusta Regional Hospital

Total Funds State Funds $ 31,291,842 $ 17,942,031 $ 22,195,904 $ 16,488,063

THURSDAY, MARCH 6, 2003

1129

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 Austerity Adjustments Total
Budget Unit Object Classes:
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Operating Expenses Community Services Case Services Children's Trust Fund Cash Benefits Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Grant-In-Aid to Counties Major Maintenance and Construction Utilities Postage Payments to DCH-Medicaid Benefits Grants to County DFCS - Operations Medical Benefits Brain and Spinal Trust Fund Benefits

$ 32,248,739 $ 21,954,539 $ 40,929,551 $ 30,168,700 $ 113,908,424 $ 65,644,954 $ 21,697,919 $ 17,449,270 $ 48,373,523 $ 20,043,979 $ 23,337,460 $ 18,725,774 $ 4,264,736 $ 3,324,046 $ 218,620,198 $ 205,923,246 $ 166,570,328 $ 132,102,039 $ 101,419,757 $ 48,227,746 $ 15,203,513 $ 8,852,829 $ 9,825,404 $ 5,793,104 $ (3,100,000) $ (3,100,000) $ 846,787,298 $ 609,540,320

$ 489,653,409

$ 86,839,106

$ 4,951,152

$

200,000

$

894,533

$ 12,629,827

$ 13,701,099

$ 57,686,453

$ 59,674,696

$ 18,689,353

$ 58,242,887

$ 483,915,646

$

0

$ 7,630,688

$ 120,803,498

$ 7,626,127

$ 458,095,832

$ 146,602,537

$ 159,782,176

$ 2,154,612

$ 9,483,000

$ 4,694,121

$ 33,961,019

$ 384,191,430

$ 6,138,072

$

850,000

1130

JOURNAL OF THE HOUSE

Austerity Adjustments Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$ (11,007,096)

$ 2,618,084,177

$

0

$ 47,748,385

$ 1,397,221,211

Section 17. Department of Industry, Trade and Tourism.
State Funds
Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Local Welcome Center Contracts Marketing Georgia Ports Authority Lease Rentals Foreign Currency Reserve Waterway Development in Georgia Lanier Regional Watershed Commission Georgia World Congress Center One Georgia Fund Intergovernmental Contract Austerity Adjustments
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted

$ 28,442,716

$ 67,930,712

$ 12,930,506

$ 1,214,240

$

590,806

$

20,000

$

62,597

$

391,336

$

837,119

$

442,215

$

53,200

$ 1,307,786

$

253,100

$ 9,314,895

$

0

$

0

$

50,000

$

0

$

0

$ 78,051,263

$ 2,200,000

$ (1,225,084)

$ 106,493,979

$ 67,930,712 $ 28,442,716

Departmental Functional Budgets

Administration Economic Development Trade Tourism Film

Total Funds

$ 89,866,903 $

$ 9,428,004 $

$ 2,850,492 $

$ 4,944,497 $

$

629,167 $

State Funds 89,866,903 9,428,004 2,850,492 4,944,497 629,167

THURSDAY, MARCH 6, 2003

1131

Austerity Adjustments Total

$ (1,225,084) $ (1,225,084) $ 106,493,979 $ 28,442,716

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 15,721,318

$ 15,019,965

$

702,947

$

433,030

$

80,176

$

20,000

$

223,000

$

634,689

$

367,614

$

86,042

$

0

$

0

$ (809,645)

$ 16,757,818

$ 15,721,318

Departmental Functional Budgets

Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile Home Regulations Special Insurance Fraud Fund Austerity Adjustments Total

Total Funds

$ 5,473,473 $

$ 6,098,248 $

$

522,127 $

$ 4,652,376 $

$

821,239 $

$ (809,645) $

$ 16,757,818 $

State Funds 5,473,473 6,098,248 522,127 3,615,876 821,239 (809,645)
15,721,318

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

$ 272,209,291

$ 172,771,791

$ 15,530,758

$ 2,079,741

$

349,143

$

786,688

$ 3,561,658

$ 3,172,907

$ 2,370,598

$ 3,925,090

1132

JOURNAL OF THE HOUSE

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 5,665,715

$ 3,315,142

$

400,000

$

0

$ 79,395,255

$

0

$

0

$

0

$

200,000

$ 1,687,100

$ (4,825,188)

$ 290,386,398

$ 272,209,291

Departmental Functional Budgets

Regional Youth Development Centers Youth Development Centers YDC Purchased Services Court Services Day Centers Group Homes Community Corrections Law Enforcement Office Assessment and Classification Multi-Service Centers Youth Services Administration Office of Training Children and Youth Coordinating Council Austerity Adjustments Total

Total Funds State Funds

$ 79,244,314 $ 77,740,354

$ 76,771,212 $ 74,523,793

$ 24,607,845 $ 23,704,038

$ 34,645,510 $ 30,140,703

$

579,624 $

579,624

$ 1,880,403 $ 1,880,403

$ 45,880,657 $ 38,884,141

$ 1,401,903 $ 1,401,903

$ 1,007,132 $ 1,007,132

$ 4,262,898 $ 4,172,898

$ 18,880,421 $ 18,859,823

$ 3,281,593 $ 3,281,593

$ 2,768,074 $

858,074

$ (4,825,188) $ (4,825,188)

$ 290,386,398 $ 272,209,291

Section 20. Department of Labor. A. Budget Unit: State Funds - Department of
Labor Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges

$ 15,749,741

$ 90,267,502

$ 7,405,831

$ 1,481,527

$

34,858

$

566,309

$ 2,710,148

THURSDAY, MARCH 6, 2003

1133

Real Estate Rentals Telecommunications WIA Contracts Per Diem and Fees Contracts W.I.N. Grants Payments to State Treasury Capital Outlay Austerity Adjustments

Total Funds Budgeted State Funds Budgeted

$ 2,874,629

$ 2,030,660

$ 54,500,000

$ 2,778,378

$ 1,323,287

$

0

$ 1,287,478

$

0

$ (1,107,516)

$ 166,153,091

$ 15,749,741

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 Capital Outlay Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Services Funding State Funds Budgeted

$ 27,712,968

$ 93,663,446

$ 14,003,645

$ 2,054,347

$

39,095

$ 1,115,890

$ 6,090,455

$ 7,177,826

$ 4,462,857

$ 2,573,235

$ 3,138,419

$ 41,304,191

$ 1,068,997

$ 12,793,349

$

0

$

0

$

0

$

255,000

$ (1,873,638)

$ 187,867,114

$

100,000

$ 27,712,968

Departmental Functional Budgets

Vocational Rehabilitation Services Business Enterprise Program Administration

Total Funds $ 87,207,764 $ $ 1,663,761 $ $ 4,010,337 $

State Funds 18,867,887 360,633 2,532,691

1134

JOURNAL OF THE HOUSE

Disability Adjudication Georgia Industries for the Blind Roosevelt Warm Springs Institute Austerity Adjustments Total

$ 55,297,080 $ $ 11,821,908 $ $ 29,739,902 $ $ (1,873,638) $ $ 187,867,114 $

0 722,533 7,102,862 (1,873,638) 27,712,968

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 Transfer Funds to Governor's Office Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 14,484,602

$ 15,179,993

$

705,564

$

181,781

$

0

$

0

$

299,269

$

915,941

$

192,258

$ 19,414,422

$

0

$

197,158

$ (100,000)

$ (627,724)

$ 36,358,662

$ 14,484,602

Section 22. Merit System of Personnel Administration.
State Funds Personal Services Regular Operating Expenses Travel Equipment Real Estate Rents Per Diem and Fees Contracts Computer Charges Telecommunications Payments to State Treasury
Total Funds Budgeted
Federal Funds Other Agency Funds Agency Assessments Deferred Compensation

$

0

$ 8,814,917

$ 1,073,018

$

83,213

$

0

$

696,904

$

285,350

$

874,311

$ 1,774,772

$

173,863

$ 1,901,515

$ 15,677,863

$

0

$ 1,573,733

$ 13,176,154

$

927,976

THURSDAY, MARCH 6, 2003

1135

State Funds Budgeted

$

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 Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Funding State Funds Budgeted

$ 89,543,393

$ 61,055,181

$ 8,072,954

$

465,062

$

332,206

$

345,335

$ 12,461,537

$ 2,792,509

$ 2,979,499

$

481,198

$ 1,318,987

$

0

$ 6,892,489

$

0

$

348,651

$ 3,459,434

$

750,000

$

0

$ (1,857,756)

$ 99,897,286

$ 1,960,000

$ 89,543,393

Departmental Functional Budgets

Administration Operations Enforcement Austerity Adjustments Total

Total Funds State Funds $ 33,848,830 $ 28,562,245 $ 51,834,590 $ 51,834,590 $ 16,071,622 $ 11,004,314 $ (1,857,756) $ (1,857,756) $ 99,897,286 $ 89,543,393

Section 24. Department of Natural Resources. A. Budget Unit: State Funds - Department of
Natural Resources
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$ 110,346,715

$ 90,397,923

$ 15,409,186

$

813,926

$

412,765

1136

JOURNAL OF THE HOUSE

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 Payments to McIntosh County Payments to Baker County Payments to Calhoun County Payments to Georgia Agrirama Development
Authority for operations Community Green Space Grants Austerity Adjustments
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

$ 1,582,590

$ 3,291,804

$ 1,018,551

$ 9,090,779

$

730,140

$ 1,399,335

$

0

$

725,000

$ 1,333,300

$

860,176

$ 4,560,913

$

982,330

$

500,000

$

800,000

$

341,000

$

0

$

336,793

$

59,565

$ 7,595,077

$ 6,132,574

$

0

$ 1,839,297

$

493,381

$

100,000

$

31,000

$

24,000

$

955,662

$ (2,010,000)

$ (2,649,192)

$ 147,157,875

$

840,190

$

0

$ 1,831,931

$ 1,434,982

$

200,000

THURSDAY, MARCH 6, 2003

1137

State Funds Budgeted

$ 110,346,715

Departmental Functional Budgets

Commissioner's Office Program Support Historic Preservation Parks, Recreation and Historic Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Assistance Austerity Adjustments Total

Total Funds State Funds

$ 3,475,726 $ 3,428,460

$ 7,508,429 $ 7,508,429

$ 2,767,742 $ 2,277,742

$ 41,422,766 $ 20,967,046

$ 2,574,161 $ 2,403,299

$ 37,178,564 $ 31,846,593

$ 54,412,046 $ 44,200,618

$

467,633 $

363,720

$ (2,649,192) $ (2,649,192)

$ 147,157,875 $ 110,346,715

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$

0

$ 3,267,771

$ 2,349,303

$

10,000

$

0

$

36,796

$

20,000

$

0

$

80,000

$

89,167

$

754,000

$

0

$

(38,988)

$ 6,568,049

$

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

$

0

$ 1,245,057

$

199,000

$

5,792

$

0

$

7,000

$

5,792

$

0

1138

JOURNAL OF THE HOUSE

Telecommunications Per Diem and Fees Contracts Capital Outlay Goods for Resale Austerity Adjustments

Total Funds Budgeted State Funds Budgeted

Section 25. State Board of Pardons and Paroles.

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 Austerity Adjustments

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

$

12,000

$

500

$

68,768

$

152,750

$

120,000

$

(20,250)

$ 1,796,409

$

0

$ 48,537,488

$ 40,852,338

$ 1,433,825

$

431,800

$

0

$

291,500

$

606,200

$ 2,958,373

$ 1,065,600

$

523,304

$

740,679

$

617,500

$

20,000

$ (1,003,631)

$ 48,537,488

$ 48,537,488

$ 81,750,104

$ 71,859,448

$ 8,252,544

$

105,552

$ 2,876,986

$

348,364

$

984,170

$

186,443

$ 2,100,380

$

346,387

$

464,333

$

601,237

THURSDAY, MARCH 6, 2003

1139

Capital Outlay Conviction Reports Austerity Adjustments

Total Funds Budgeted

Indirect DOAS Service Funding

State Funds Budgeted

$

0

$

0

$ (1,721,055)

$ 86,404,789

$

990,000

$ 81,750,104

Departmental Functional Budgets

Administration Field Operations Austerity Adjustments Total

Total Funds State Funds $ 19,434,616 $ 18,081,366 $ 68,691,228 $ 65,389,793 $ (1,721,055) $ (1,721,055) $ 86,404,789 $ 81,750,104

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 14,630,673

$ 12,126,847

$ 3,607,873

$

206,762

$

0

$

195,046

$

318,377

$

317,467

$

351,950

$

432,300

$

541,569

$ 3,575,200

$ 2,058,309

$

0

$ (631,020)

$ 23,100,680

$ 14,630,673

Departmental Functional Budgets

Office of Highway Safety Georgia Peace Officers Standards and Training Police Academy Fire Academy

Total Funds State Funds

$ 5,742,885 $

566,582

$ 1,429,117 $ 1,429,117

$ 1,973,326 $ 1,109,608

$ 1,200,062 $ 1,058,101

1140

JOURNAL OF THE HOUSE

Georgia Firefighters Standards and Training Council $

Georgia Public Safety Training Facility

$

Total

$

466,059 $ 12,289,231 $ 23,100,680 $

466,059 10,001,206 14,630,673

Section 27. Public School Employees' Retirement System.
State Funds Payments to Employees' Retirement System Employer Contributions Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 8,097,798

$

593,750

$ 7,504,048

$

0

$ 8,097,798

$ 8,097,798

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 8,637,216

$ 6,821,965

$

250,711

$

111,876

$

22,214

$

15,300

$

208,791

$

511,428

$

124,660

$

628,262

$

582,500

$ (367,180)

$ 8,910,527

$ 8,637,216

Section 29. Board of Regents, University System of Georgia.

A. Budget Unit: State Funds - Resident Instruction Tobacco Funds Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Special Funding Initiative Office of Minority Business Enterprise

$ 1,437,789,572 $ 6,585,889
$ 1,756,213,452 $ 424,223,505
$ 451,733,090 $ 854,188,741 $ 33,765,643 $ 1,138,340

THURSDAY, MARCH 6, 2003
Student Education Enrichment Program Forestry Research Research Consortium Capital Outlay Austerity Adjustments
Total Funds Budgeted Departmental Income
Sponsored Income Other Funds
Indirect DOAS Services Funding Governor's Emergency Funds 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. Austerity Adjustments
Total Funds Budgeted Departmental Income
Sponsored Income

1141

$

345,833

$ 1,011,627

$ 30,291,698

$ 123,584,731

$ (33,000,000)

$ 3,643, 496,660

$ 132,081,672

$ 1,278,412,246

$ 785,552,781

$ 3,039,500

$

35,000

$ 6,585,889

$ 1,437,789,572

$ 220,414,817

$

0

$

`

$ 70,959,391

$ 59,705,482 $ 41,101,657 $ 3,103,580

$ 23,067,667

$

0

$

0

$ 7,790,087

$

848,363

$

548,200

$ 1,735,650

$ 18,565,802

$ 34,755,498

$

0

$ 35,104,249

$ (4,228,694)

$ 428,902,906

$ 8,610,113

$ 124,936,276

1142

JOURNAL OF THE HOUSE

Other Funds Indirect DOAS Services Funding
Tobacco Funds Budgeted State Funds Budgeted

$ 74,398,200

$

543,500

$

0

$ 220,414,817

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 Austerity Adjustments Total

Total Funds $ 2,834,246 $ $ 6,469,309 $ $ 1,828,871 $ $ 123,302,969 $

State Funds 1,649,446 1,810,419 1,061,238 9,838,961

$ 23,067,667 $ 9,944,392

$ 78,401,230 $ 45,959,968

$ 62,414,534 $ 39,320,397

$

193,500 $

0

$ 3,949,799 $ 3,949,799

$ 7,242,199 $

542,199

$ 3,625,810 $

0

$ 4,756,657 $

102,687

$ 65,767,622 $ 65,645,773

$ 43,126,177 $ 38,817,222

$ 6,151,010 $ 6,001,010

$ (4,228,694) $ (4,228,694)

$ 428,902,906 $ 220,414,817

C. Budget Unit: State Funds - Georgia Public Telecommunications Commission
Personal Services Operating Expenses General Programming Distance Learning Programming Austerity Adjustments
Total Funds Budgeted
Other Funds State Funds Budgeted

$

0

$ 14,654,631

$ 15,671,989

$ 4,070,278

$ 2,784,685

$ (391,490)

$ 36,790,093

$ 36,790,093

$

0

D. Budget Unit: Lottery for Education Equipment, Technology and Construction Trust Fund

$ 21,509,000 $ 12,000,000

THURSDAY, MARCH 6, 2003

1143

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

$ 2,000,000

$

0

$ 7,509,000

$

0

$

0

$

0

$

0

$ 21,509,000

$ 21,509,000

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 Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds
State Funds Budgeted

$ 467,038,972

$

150,000

$ 61,110,466

$ 4,747,373

$ 1,026,000

$

53,045

$

175,384

$ 15,818,862

$ 7,107,067

$ 2,249,299

$

606,992

$ 1,375,758

$ 4,086,456

$

0

$ 2,800,655

$ 17,785,550

$ 377,500,000

$ (2,819,070)

$ 493,623,837

$ 2,545,000

$

150,000

$ 467,038,972

Departmental Functional Budgets

Departmental Administration Internal Administration Information Systems Compliance Division Income Tax Unit

Total Funds State Funds $ 37,966,647 $ 20,181,097 $ 7,987,227 $ 7,987,227 $ 17,097,493 $ 15,842,493 $ 27,826,845 $ 23,921,082 $ 7,427,706 $ 7,427,706

1144

JOURNAL OF THE HOUSE

Property Tax Unit Sales Tax Unit State Board of Equalization Taxpayer Accounting Alcohol and Tobacco Austerity Adjustments Total

$ 382,317,960 $ 380,207,825

$ 5,722,476 $ 5,699,833

$

5,000 $

5,000

$ 6,775,576 $ 5,575,576

$ 3,315,977 $ 3,010,203

$ (2,819,070) $ (2,819,070)

$ 493,623,837 $ 467,038,972

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 33,888,462

$ 19,025,144

$ 4,357,156

$

401,924

$

72,492

$

65,019

$ 3,838,024

$ 4,684,740

$ 1,017,577

$

171,526

$ 1,779,455

$

589,335

$

0

$ (1,049,580)

$ 34,952,812

$ 33,888,462

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 Austerity Adjustments Total

Total Funds State Funds

$ 5,008,890 $ 4,978,890

$ 6,731,898 $ 6,656,898

$

416,019 $

416,019

$ 2,045,424 $ 1,306,074

$ 1,976,955 $ 1,926,955

$ 8,296,949 $ 8,276,949

$ 1,386,731 $ 1,386,731

$

552,127 $

552,127

$ 9,286,195 $ 9,136,195

$

301,204 $

301,204

$ (1,049,580) $ (1,049,580)

$ 34,952,812 $ 33,888,462

THURSDAY, MARCH 6, 2003

1145

B. Budget Unit: State Funds - Real Estate Commission
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 2,188,106

$ 1,489,924

$

145,000

$

47,000

$

0

$

12,500

$

96,747

$

181,000

$

84,000

$

178,000

$

0

$

(46,065)

$ 2,188,106

$ 2,188,106

Departmental Functional Budgets

Real Estate Commission Austerity Adjustments Total

Total Funds State Funds

$ 2,188,106 $ 2,188,106

$

(46,065) $

(46,065)

$ 2,188,106 $ 2,188,106

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 3,420,462

$ 1,684,267

$

202,070

$

36,069

$

0

$

23,184

$

13,478

$

119,052

$

40,214

$

139,438

$ 1,762,645

$

86,000

$

(45,550)

$ 4,060,867

$ 3,420,462

1146

JOURNAL OF THE HOUSE

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 Guaranteed Educational Loans Tuition Equalization Grants Law Enforcement Personnel Dependents' Grants North Georgia College ROTC Grants North Georgia College Graduates Scholarship Osteopathic Medical Loans Georgia Military Scholarship Grants LEAP Program Governor's Scholarship Program Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 40,010,391

$

561,309

$

20,140

$

13,000

$

0

$

6,300

$

12,000

$

49,615

$

10,091

$

11,560

$

32,118

$ 4,260,521

$ 30,044,521

$

66,313

$

501,217

$

22,563

$

0

$

508,659

$ 1,534,365

$ 3,693,967

$ (817,215)

$ 40,531,044

$ 40,010,391

Departmental Functional Budgets

Georgia Student Finance Authority Georgia Nonpublic Postsecondary Education
Commission Austerity Adjustments Total

Total Funds State Funds $ 40,632,126 $ 40,111,473

$

716,133 $

716,133

$ (817,215) $ (817,215)

$ 40,531,044 $ 40,010,391

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

$ 390,887,625

$ 229,273,347

$ 49,006,492

$ 52,776,833

$

0

$ 42,181,370

THURSDAY, MARCH 6, 2003
Georgia Military College Scholarship LEPD Scholarship Teacher Scholarships Promise Scholarships Promise II Scholarships Engineer Scholarships Personal Services - HOPE Administration Operating Expenses - HOPE Administration
Total Funds Budgeted Lottery Funds Budgeted
Section 34. Teachers' Retirement System. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Employee Benefits Retirement System Members Floor Fund for Local Retirement Systems
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

1147

$

808,333

$

246,024

$ 5,332,698

$ 5,855,278

$

847,495

$

760,000

$ 2,059,431

$ 1,740,324

$ 390,887,625

$ 390,887,625

$ 2,670,000

$ 10,495,013

$

629,344

$

26,500

$

0

$

35,000

$ 8,010,375

$

673,770

$

330,000

$

737,700

$

0

$

0

$ 2,550,000

$

120,000

$ 23,607,702

$ 2,670,000

$ 274,880,800

$ 6,457,252

$

374,330

$

125,510

$

0

$

48,359

$

588,518

$

144,671

$

169,110

$

614,420

1148

JOURNAL OF THE HOUSE

Telecommunications Capital Outlay Personal Services-Institutions Operating Expenses-Institutions Area School Program Adult Literacy Grants Regents Program Quick Start Program Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$

115,980

$

0

$ 246,352,015

$ 61,151,035

$ 6,398,577

$ 20,008,184

$ 3,621,510

$ 13,149,377

$ (8,690,931)

$ 350,627,917

$ 274,880,800

Departmental Functional Budgets

Administration Institutional Programs Austerity Adjustments Total

Total Funds State Funds $ 8,638,150 $ 6,578,362 $ 350,680,698 $ 276,993,369 $ (8,690,931) $ (8,690,931) $ 350,627,917 $ 274,880,800

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

$ 666,775,271 $ 262,140,843 $ 79,985,329 $ 2,092,445 $ 1,810,000 $ 7,531,739 $ 12,788,293 $ 1,831,320 $ 4,872,117 $ 7,346,696

THURSDAY, MARCH 6, 2003

1149

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 48,431,848 $ 1,143,539,698 $ 6,943,629 $ 17,582,915

$

721,355

$

0

$

534,012

$ 39,271,138

$ (701,704)

$ 1,636,721,673

$ 666,775,271

Departmental Functional Budgets

Motor Fuel Tax Budget Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

Total Funds $ 1,327,840,508 $ $ 232,949,280 $ $ 17,250,694 $ $ 27,334,330 $ $ 1,605,374,812 $

State Funds 377,400,221 228,365,141 16,750,694
26,430,580 648,946,636

General Funds Budget Planning and Construction Maintenance and Betterments Administration Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways Activities Austerity Adjustments Total

$

0$

0

$

0$

0

$

0$

0

$ 3,169,943 $ 2,512,148

$ 28,157,267 $ 15,296,836

$

721,355 $

721,355

$ (701,704) $ (701,704)

$ 31,346,861 $ 17,828,635

Section 37. Department of Veterans Service. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications

$ 22,049,800

$ 6,038,004

$

420,437

$

154,602

$

0

$

105,822

$

6,361

$

219,148

$

90,660

1150

JOURNAL OF THE HOUSE

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

$

24,500

$ 17,631,444

$ 7,904,063

$

0

$

0

$

187,444

$ 32,782,485

$ 22,049,800

Departmental Functional Budgets

Veterans Assistance Veterans Nursing Home-Augusta Total

Total Funds State Funds $ 24,878,422 $ 17,126,329 $ 7,904,063 $ 4,923,471 $ 32,782,485 $ 22,049,800

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 Payments to State Treasury Austerity Adjustments

Total Funds Budgeted

State Funds Budgeted

$ 13,495,176

$ 10,098,171

$

470,115

$

140,600

$

0

$

44,048

$

261,976

$ 1,299,338

$

187,828

$

183,100

$ 1,423,053

$ (249,053)

$ 13,859,176

$ 13,495,176

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)

$ 551,752,918 $ 51,000,000 $ 602,752,918

THURSDAY, MARCH 6, 2003

1151

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New) Motor Fuel Tax Funds (New)

$ 24,602,220

$

0

$ 24,602,220

Section 40. Provisions Relative to Section 3, Judicial Branch.
The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automation Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

Section 41. Provisions Relative to Section 4, Department of Administrative Services.
It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services.

1152

JOURNAL OF THE HOUSE

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.
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.

THURSDAY, MARCH 6, 2003

1153

Recipient

Description

Amount

Georgia Mountain RDC Water Planning

$ 45,000

Americus Sumnter County Recreation Authority

Construction of restrooms and concession stand at $ recreation/soccer fields for Americus/Sumnter County Recreation Authority

40,000

Athens/Clark County

Contract with Food Bank of Northeast Georgia for food $ 10,000 distribution in Athens/Clark County

Athens/Clark County

Contract with Grand Slam Program in Athens/Clarke $ County

5,000

Athens/Clark County

Contract with Hancock Community Development in $ 10,000 Athens/Clarke County

Athens/Clarke Purchase a van for resident transportation need at Lanier $ 25,000

County

Gardens/Talmadge Terrace in Athens/Clarke County

Athens/Clarke County

Contract with Athens Tutorial Program for after-school $ tutorial and enrichment program in Athens/Clarke County

10,000

Athens/Clarke County

Funding for the Non-profit Community Children's $ Chorus at the University of Georgia in Athens/Clarke County

15,000

Athens/Clarke Roof repair at building housing Kelley Diversified, Inc. $ 20,000

County

in Athens/Clarke County

Athens/Clarke Provide for project Safe Campuses Now in $ 30,000

County

Athens/Clarke County

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

1154

JOURNAL OF THE HOUSE

Atkinson County Courthouse parking lot expansion, courtroom renovation $ Commission and farmers' market in Atkinson County

Augusta/ Richmond County

Contract for services with the Augusta Mini Theater, Inc. $ in Augusta/ Richmond County

Augusta/ Richmond County

Program enhancements for the Augusta Players in $ Augusta/Richmond County

Augusta/ Richmond County

Planning money for railroad track removal in downtown $ Augusta

Augusta/ Richmond County

Contract for services with Harrisburg Neighborhood $ Association for food and essentials for the needy in Augusta/Richmond County

Augusta/ Richmond County

Construct playground for disabled children in Central $ Savannah River Area for the Rachel Longstreet Foundation in Augusta/Richmond County

Augusta/ Richmond County

Exhibition improvements and expansion of education $ programs at the Augusta Museum of History

Augusta/ Richmond County

Contract for services with the Beyond The Ark Outreach $ Services B.T.A. in Augusta/Richmond County

Augusta/ Richmond County

Expand operation of the Augusta/Richmond County $ Animal Control

Augusta/ Richmond County

Technology computer center within the Barton Village $ Community in Augusta/Richmond County

Augusta/ Richmond County

Contract for services with Augusta African/American $ Historical Community in Augusta/Richmond County to identify historical locations

10,000 50,000 25,000 50,000 35,000 25,000 15,000 10,000 15,000 10,000 10,000

THURSDAY, MARCH 6, 2003

1155

Augusta/ Richmond County

Contract for services with Shiloh Comprehensive $ Community Center in Augusta/Richmond County

Augusta/ Richmond County

Contract for services with Beulah Grove Community $ Resource Center in Augusta/Richmond County

Augusta/ Richmond County

Contract services with Augusta/Richmond Opportunities $ in Augusta/Richmond County

Augusta/ Richmond County

Contract for services with Neighborhood Improvement $ Programs in Augusta/Richmond County

Augusta/ Richmond County

Contract for services with Lucy Craft Laney Museum in $ Augusta/Richmond County

Augusta/ Richmond County

Contract for services with Good Hope Social Services $ Ministries for after-school enrichment and tutorial programs in Augusta/Richmond County

Augusta/ Richmond County

Contract for services with CSRA Transitional Center, $ Inc. for programs to combat juvenile delinquency in Augusta/Richmond County

Augusta/ Richmond County

Contract for services with New Savannah Road Social $ Services in Augusta/Richmond County

Augusta/ Richmond County

Construction cost of The Theater in Augusta/Richmond $ County

Avondale Estates Renovate Boy Scout's building in the City of Avondale $ Estates

Bacon County Purchase 4-H equipment and supplies for Bacon County $ Extension Service

Bacon County Improvements at Bacon County Recreation Department $

5,000 10,000
5,000 5,000 5,000 5,000 10,000 40,000 50,000 10,000 2,000 5,000

1156

JOURNAL OF THE HOUSE

Baker County

Contract with Georgia Empowerment and Resource $ Services, Inc. to promote growth and development of business in Baker County

Baker County Support for Baker Elementary PTA in Baker County $ Board of Education

Baldwin County Purchase Thermal Imaging Camera equipment for use by $ Baldwin County Fire Department

Baldwin County Purchase digital mapping system for Baldwin County $

Baldwin County Continuation of Office of Solicitor General's victim $ assistance programs in Baldwin County

Baldwin County Funds for Baldwin/Oconee River Greenway Project in $ Baldwin County

Baldwin County Fund the Victims Assistance Program in Baldwin $ County

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

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

Bartow County Provide funding for programs and initiatives at Bartow $ Collaborative, Inc. in Bartow County

Bartow County Purchase equipment for Bartow County Fire Department $

Bartow County Improvements to Stilesboro Academy for the Bartow $ Commission County Commission

10,000
2,000
10,000 20,000 5,000 10,000 15,000 5,000 20,000 15,000 30,000
13,000 13,000 4,000

THURSDAY, MARCH 6, 2003

1157

Berrien County Permanently mounted bleachers for Berrien County $ 20,000 Recreation Complex

Bibb County

Contract for services with The Mentors Project of Bibb $ 10,000 County, Inc.

Bibb County

Contract for services with Macon/Bibb County Health $ 15,000 Department for HIV/AIDS education and prevention

Bibb County

Improvements to three regional co-ed soccer fields in $ 25,000 Bibb County

Bibb County

Contract for services with Adopt-A-Role Model in Bibb $ 50,000 County

Bibb County

General operation of the Harriet Tubman Museum in $ 100,000 Bibb County

Bibb County

Contract for services with the Middle Georgia Council $ 20,000 on Drugs in Bibb County

Bibb County General operation of The Hay House in Bibb County $ 50,000

Bibb County

Contract for services with the Ruth Mosely Center in $ 50,000 Bibb County

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 $ 25,000 Central High in Bibb County

Bibb County Courts

Contract for services with Macon/Bibb County Teen $ 10,000 Court, Inc.

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

1158

JOURNAL OF THE HOUSE

Bleckley County Provide funding for records management software in $ Bleckley County

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

Brantley County Brantley County Intergovernmental Relations Office $

Brantley County Brantley County travel expense fund

$

Brooks County Bridges of Hope in Brooks County

$

Brooks County Purchase technology lab equipment for Brooks County $

Board of

High School

Education

Bryan County Flooring for the Pembroke Public Library in Bryan $ County

Bulloch County Development and construction of athletic fields in $

Board of

Bulloch County

Education

Bulloch County Development of nature trails and elevated boardwalks at $

Board of

Mill Creek Regional Park in Bulloch County

Education

Bulloch County Resurface asphalt track at Southeast Bulloch High $ School in Bulloch County

Burke County

Contract for services with CSRA-EOA/Burke County $ Head Start for Reading Readiness Program and children's library in Burke County

Candler County Implement 911 emergency system in Candler County $

Carroll County Establish a symphony orchestra in Carroll County

$

25,000 5,000 5,000
5,000 5,000 10,000 30,000
5,000 10,000
10,000
10,000 5,000
25,000 25,000

THURSDAY, MARCH 6, 2003

1159

Carroll County Remodeling, expanding and upgrading the Carroll $ County Agriculture Education Center

Carroll County Outdoor lighting system for Bowdon High School in $

Board of

Carroll County

Education

Charlton County Purchase recreation equipment for Charlton County

$

Chatham County Contract for services with the Community $ Cardiovascular Council, Inc. in Chatham County

Chatham County Expand the kitchen for the Meals on Wheels Program at $ Senior Citizens, Inc. of Savannah in Chatham County

Chatham County Provide for Head Start Program classroom for the City of $ Savannah

Chatham County Restoration and repair of the Greenbriar Children's $ Center, Inc. in Chatham County

Chatham County Implementation of the Food and Butter Caf for Second $ Harvest Food Bank of Georgia in Chatham County

Chatham County Contract for services with Coastal Association of $ Retarded Citizens in Chatham County

Chatham County Contract for services with the Community $ Cardiovascular Council, Inc. in Chatham County

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

Chatham County Construction of monument to the African-American $ heritage in Chatham County

Chatham County Enrich and enhance instructional programs at the Massie $

Board of

School in the City of Savannah

Education

20,000 56,600
5,000 10,000 50,000 10,000 35,000 25,000 20,000 25,000 25,000
20,000 15,000

1160

JOURNAL OF THE HOUSE

Chatham County Provide funding for the Chatham/Effingham Library in $ 23,740 Chatham County

Chatham County Westside Community Center in Chatham County Commission

$ 100,000

Chattahoochee County Board 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

Cherokee County Library materials and expenses for Cherokee County $ 50,000

City of Abbeville Funding for renovations made to the old auditorium $ 10,000 building used by the Arts Council in Wilcox County

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

THURSDAY, MARCH 6, 2003

1161

City of Albany Contract for services with Mt. Olive Outreach for tutorial $ programs in the City of Albany

City of Albany Contract for services with Union Outreach Mission for $ health care for underprivileged in the City of Albany

City of Albany Contract for services with Slater King Adult Day Care in $ the City of Albany

City of Albany Contract for services with East Albany Service League, $ Inc. for services to underprivileged in the City of Albany

City of Albany Provide university program speakers at Albany State $ University

City of Albany Roof replacement for the Thronateeska Heritage Center $ in the City of Albany

City of Alma

Improvement for Martin Luther King Park in the City of $ Alma

City of Ambrose Purchase playground equipment for park in the City of $ Ambrose

City of

Repair drainage problems at Pioneer Farm tourist $

Andersonville attraction in the City of Andersonville

City of Arabi

Maintenance and repairs for community service projects $ in the City of Arabi

City of Aragon Recreation improvements for the City of Aragon

$

City of Arlington Build a city/county volunteer firehouse in the City of $ Arlington

City of Ashburn Purchase playground equipment for recreation area in $ West Ashburn in the City of Ashburn

City of Athens Economic revitalization and direct public/private $ partnership initiatives in the City of Athens

City of Athens Contract with Creative Visions for Saturday enrichment $ programs in City of Athens

20,000 15,000 20,000 20,000
7,500 15,000 10,000 10,000 20,000 12,000 25,000
7,000 15,000 10,000 10,000

1162

JOURNAL OF THE HOUSE

City of Atlanta Funds to feed and shelter homeless at Jericho Rd Project $ in the City of Atlanta

City of Atlanta

Contract for services with Southwest YMCA for the $ Brother to Brother and Sisters Only program in City of Atlanta

City of Atlanta Develop Total Wellness Program at Vine City Health $ and Housing Ministry in the City of Atlanta

City of Atlanta

Contract with Pittsburg Community Improvement Assn. $ for housing improvement and economic development in the City of Atlanta

City of Atlanta Board of Education

After-school program at Joe E. Brown Middle School in $ the City of Atlanta

City of Atlanta Renovation of the Active Oval in Piedmont Park in the $ City of Atlanta

City of Atlanta Provide for revitalization of Reynoldstown Community $ in the City of Atlanta

City of Atlanta Purchase vehicle to transport program recipients for $ Antioch Urban Ministries in the City of Atlanta

City of Atlanta Contract for services with Senior Citizens Services $ Center for adult day care in the City of Atlanta

City of Atlanta Child care program and classroom conversion at the $ Butler St YMCA/Westside Branch in the City of Atlanta

City of Atlanta Contract for services with the Georgia Citizen Coalition $ on Hunger in the City of Atlanta

City of Atlanta Contract for services with Trinity House for services to $ homeless men in the City of Atlanta

City of Atlanta Fund a littoral shelf for the lake at Piedmont Park in the $ City of Atlanta

15,000 50,000
15,000 30,000
20,000
20,000 15,000 20,000 52,500 15,000 25,000 25,000 10,000

THURSDAY, MARCH 6, 2003

1163

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

City of Atlanta

Contract for services with David T. Howard National $ Alumni Assn. for substance abuse program in "Old Fourth Ward" in the City of Atlanta

City of Atlanta Contract for services with Cascade Job Training $ Initiative in the City of Atlanta

City of Atlanta

Contract for services with Community Care, Inc. for $ social service programs to children and youth in the City of Atlanta

City of Atlanta Purchase workshop materials, transportation and $ personnel for Nonprofits, Inc. in the City of Atlanta

City of Atlanta Purchase materials at A. D. Williams Elementary School $ for the City of Atlanta

City of Atlanta Purchase materials for Alfred Blalock Elementary $ School in the City of Atlanta

City of Atlanta Purchase materials at Peyton Forest Elementary School $ for the City of Atlanta

City of Atlanta Purchase materials at Jean Childs Young Middle School $ in the City of Atlanta

City of Atlanta Purchase materials at Margaret Fain Elementary School $ for the City of Atlanta

City of Atlanta Purchase materials at Frederick Douglass High School $ for the City of Atlanta

City of Atlanta Funds for materials at D. M. Therrell High School for $ the City of Atlanta

City of Atlanta Purchase materials at Henry McNeal Turner Middle $ School for the City of Atlanta

25,000
25,000
15,000 30,000
25,000 1,000 1,000 1,100 1,500 1,000
10,000 4,000 2,500

1164

JOURNAL OF THE HOUSE

City of Atlanta Purchase materials at Fickett Elementary School for the $ City of Atlanta

City of Atlanta Purchase materials at Leonora P. Miles Elementary $ School for the City of Atlanta

City of Atlanta Purchase materials for Collier Heights Elementary $ School in the City of Atlanta

City of Atlanta After-school and weekend program for at-risk children in $ the City of Atlanta

City of Atlanta Funding for materials at L. O. Kimberly Elementary $ School for the City of Atlanta

City of Atlanta Board of Education

Provide funding for Chess Club Program at George A. $ Townes Elementary School for the City of Atlanta

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

City of Atlanta Funding for materials at Harper-Archer High School in $ the City of Atlanta

City of Atlanta Funding for Boyd Clinic in the City of Atlanta

$

City of Atlanta Funding for activities at Adamsville Elementary School $ in the City of Atlanta

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

City of Atlanta Purchase materials and supplies for Southside Cultural $ Awareness for the City of Atlanta

1,000 1,000 1,200 10,000 1,000 1,100
1,000 1,500 1,500 1,500 1,500 1,200 1,200 6,000

THURSDAY, MARCH 6, 2003

1165

City of Atlanta Funding for materials and supplies at the Cascade $ 20,000 Leadership Institute in the City of Atlanta

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 Ferber Cottage at Morris Brown College $ 125,000 in the City of Atlanta

City of Atlanta Purchase materials at Margaret Mitchell Elementary $ School for the City of Atlanta

1,000

City of Atlanta Upgrade playground equipment and drainage problem at $ 30,000 Public Schools Mary Lin Elementary School in the City of Atlanta

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 $ 25,000 of Atlanta

1166

JOURNAL OF THE HOUSE

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

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 $ 150,000 of Atlanta

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 $ 28,000 the City of Atlanta

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 $ 15,000 Atlanta

City of Atlanta Contract for services with West Fulton Family Support $ 10,000 Center in the City of Atlanta

City of Atlanta Bureau of Cultural Affairs for after-school cultural $ 25,000 program in the City of Atlanta

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 $ 50,000

DCA

Community Outreach Program in the City of Atlanta

THURSDAY, MARCH 6, 2003

1167

City of Augusta Expansion of Shirley Badke Retreat for families of burn $ patients in the City of Augusta

City of Austell Funds for roof repairs for Austell City Hall

$

City of Austell Replace existing roof on Austell City Hall

$

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

City of Baconton Purchase of benches and landscaping of grounds for $ historic Victorian home owned by the City of Baconton

City of Bainbridge

Construction of handicap accessible sidewalks in the $ City of Bainbridge

City of Bainbridge

Purchase playground equipment for recreation program $ in the City of Bainbridge

City of Blackshear

Purchase equipment for multi-purpose facility in the City $ of Blackshear

City of Blairsville Restoration of City Hall in the City of Blairsville

$

City of Bloomingdale

Improvements to the drainage at Taylor Park, upgrade $ the sprinkler system of the football field and construct a 150' baseball/softball field

City of Boston Fund the Streetscape Project in the City of Boston

$

City of Braselton Homeland Security funds for the City of Braselton

$

City of Bremen Funding for band and athletic facility improvements at $ the City of Bremen High School

City of Bremen Recreation funds for the City of Bremen

$

City of Brooks Recreation projects for the City of Brooks

$

City of Broxton Funding for maintenance equipment for parks and streets $ in the City of Broxton

10,000 25,000 25,000 6,000 25,000
7,500 10,000 15,000
5,000 10,000 25,000
25,000 5,000 13,000 20,000 15,000 15,000

1168

JOURNAL OF THE HOUSE

City of

Purchase a new snorkel for the City of Brunswick

$

Brunswick

City of Brunswick

Fire department improvement and equipment for the City $ of Brunswick

Haralson County Contract services for Haralson County Library

$

City of Buchanan Purchase equipment for the recreational department in $ the City of Buchanan

City of Buchanan Recreation funds for the City of Buchanan

$

City of Byron Repair old Byron gymnasium in the City of Byron

$

City of Cairo

Replacement of marquis on Zebulon Theater in the City $ of Cairo

City of Cairo Operation of theater in the City of Cairo

$

City of Camilla Welcome Center renovation for the City of Camilla $

City of Camilla Continued renovation of Historic Depot project for the $ City of Camilla

City of Canon Renovation and equipment for the City of Canon City $ Hall

City of Cartersville

Funds to renovate baseball field and complex at the City $ of Cartersville High School

City of Cave Spring

Maintenance,operations and renovation of Fannin Hall $ administration building for the Fannin Campus in the City of Cave Springs

City of Cedartown

Purchase lighting system for the City of Cedartown $ Civic Auditorium

City of

Purchase lighting for the Cedartown Auditorium

$

Cedartown

City of Centerville

Renovation to the current police station in the City of $ Centerville

30,000 50,000 50,000
5,000 20,000 20,000 10,000 10,000 15,000 10,000
5,000 40,000 30,000
21,000 25,000 5,000

THURSDAY, MARCH 6, 2003

1169

City of

Renovations to the downtown area of Chickamauga for a $

Chickamauga Beautification Project

City of Clarkston Contract for services with KHADIJALAND, Inc. for $ cultural exchange program

City of Clarkston Start up of a multi-cultural youth soccer league for the $ City of Clarkston

City of Clarkston Renovations to school in the City of Clarkston

$

City of Clarkston Beautification project for the City of Clarkston

$

City of Clayton Contract with Native American Warrior Society for aid $ to all disabled veterans and low income families in the City of Clayton

City of Cobbtown

Renovations and new equipment for city recreation park $ in the City of Cobbtown

City of Cochran Airport improvements in the City of Cochran

$

City of Collins Purchase fire truck for the City of Collins

$

City of Colquitt Contract with Colquitt Miller Arts Council for cultural $ programs in City of Colquitt

City of Colquitt Complete renovation of tennis courts at recreational $ complex in the City of Colquitt

City of Columbus Fund personal development/career enhancement $ programs in the City of Columbus

City of Columbus Funding for community programs at South Westview $ Against Drugs in the City of Columbus

City of Columbus Fund a non-profit educational and personal development $ program in the City of Columbus

City of Columbus Funding for Community Alliance Organization which $ implements programs for the underprivileged in the City of Columbus

15,000 10,000 10,000 10,000 10,000 10,000
5,000 10,000 10,000 25,000 20,000 20,000 15,000 40,000 30,000

1170

JOURNAL OF THE HOUSE

City of Columbus

Assist non-profit organization providing housing for low $ to moderate income families and individuals in the City of Columbus

City of Columbus

Establishment of City of Columbus community center $ resources

City of Commerce

Purchase surveillance system for the City of Commerce $ High School

City of Concord Install early weather warning system for the City of $ Concord

City of Concord Purchase Jaws of Life and 2 defibrillators for the City of $ Concord

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

City of Covington

Purchase voice stress analyzer tester for the City of $ Covington Police Department

City of

Renovation of city hall and welcome center in the City $

Crawfordville of Crawfordville

City of Dallas Improvements to park in the City of Dallas

$

City of Dalton Funding for the North West Georgia Girl's Home $ operating expenses in the City of Dalton

City of Darien

Contract for services with the Howard Genesis House, $ Inc. for services to homeless women in the City of Darien

City of Darien Renovate the upper level of the City Hall building in the $ City of Darien

City of Dawson Computers and playground equipment for the City of $ Dawson

City of Dawson Heating, air conditioning and rewiring of historic $ Carnegie Library in the City of Dawson

47,000
5,000 15,000 12,000 15,000 20,000
10,000 10,000 18,000 20,000 20,000
60,000 10,000 10,000

THURSDAY, MARCH 6, 2003

1171

City of Decatur Recondition bicycles and build yellow bike stations for $ public use in City of Decatur

City of Doerun Purchase land for City of Doerun Fire Department

$

City of Doerun Construction of a chain link fence around electric sub- $ station in the City of Doerun

City of

Sidewalk improvements in the City of Donalsonville $

Donalsonville

City of Douglas Purchase equipment for the City of Douglas Police $ Department

City of Douglas Purchase portable speed detector for the City of Douglas $ Police Department

City of Dublin Operational funding for welcome center in City of $ Dublin

City of Dublin Stabilize the historic Fred Roberts Hotel building which $ house Laurens County Senior Center in City of Dublin

City of Dudley Volunteer fire department equipment for the City of $ Dudley

City of Dudley Funding for centennial celebration in the City of Dudley $

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

City of East Dublin

Four tennis courts at Warnock Park in City of East $ Dublin

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

City of Eastman Building project for Eastman Developmental Authority $

City of Eatonton Renovation of the historic Madison Avenue School in $ the City of Eatonton

5,000 10,000 7,500 10,000 3,000 3,000 5,000 5,000 5,000 2,500 25,000
10,000 20,000
25,000 15,000

1172

JOURNAL OF THE HOUSE

City of Emerson Renovation of municipal building in the City of Emerson $

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

City of Fitzgerald Construct 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

City of Flovilla Assist with cost of fence around City of Flovilla $ cemetery

City of Flovilla Recreation park development for the City of Flovilla $

City of Flovilla Provide fire and rescue equipment for City of Flovilla $ Fire Department

City of Folkston Promote tourism and downtown revitalization in the City $ of Folkston

City of Forest Prepare a vehicle free pathway between the recreation $

Park

center and the senior center in the City of Forest Park

City of Fort Valley

Refurbish old school bus for the Boys and Girls Club in $ City of Fort Valley

City of Fort Valley

Assist in the renovation of the old theater building in the $ City of Fort Valley

City of Fort Oglethorpe

Provide funding for renovations to historic band stand in $ the City of Fort Oglethorpe

City of Fort Valley

Community revitalization project for the City of Fort $ Valley

City of Franklin Professional service to codify City ordinances in the City $

Springs

of Franklin Springs

28,000 20,000 25,000 10,000 30,000 10,000 5,000 10,000
5,000 25,000 12,000 25,000 15,000 12,000
5,000

THURSDAY, MARCH 6, 2003

1173

City of Gainesville

Improvements to athletic fields at Memorial Park Road $ campus of Boys and Girls Club of Gainesville

City of Glennville Purchase lights for softball field in City of Glennville $

City of Glennville Upgrade equipment and park areas for the City of $ Glennville Recreation Department

City of Gordon Construction and landscape of a city park in the Town of $ Gordon

City of Gough Contract with Gough Improvement Assn., Inc. for $ renovation of community center in City of Gough

City of Greensboro

Contract for services with Greensboro Downtown $ Development in the City of Greensboro

City of Guyton Fund restoration of recreation gym for the City of $ Guyton

City of Guyton City of Guyton gym renovation to heating and air $ conditioning

City of Hahira Purchase of books and research resources for the Hahira $ Public Library in City of Hahira

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

City of Hartwell Complete the Hartwell Conference Center for the City of $

Recreation

Hartwell Recreation Department

Department

City of Hawkinsville

Maintenance and operation of the Opera House in City $ of Hawkinsville

City of Hawkinsville

Maintenance and operation of the M.E. Rhoden Library $ in the City of Hawkinsville

City of Helena Provide handicapped access for railroad station in the $ City of Helena

10,000 10,000
3,000 5,000 10,000 10,000 5,000 20,000 5,000 15,000 5,000 75,000
10,000 12,000 10,000

1174

JOURNAL OF THE HOUSE

City of Hinesville Construct a new fire station in the City of Hinesville $

City of Hinesville Provide funding for the 11 Black Men of Liberty County $ educational programs for the City of Hinesville

City of Hinesville Contract for services with Eleven Black Men of Liberty $ County, Inc. in the City of Hinesville

City of Hoboken Recreation park improvements for the City of Hoboken $

City of Homeland

Improvements to City of Homeland recreation $ department walking track and ballfields

City of

Expansion of softball field in City of Homerville

$

Homerville

City of Homerville

Restoration of the Homer Maddox home in the City of $ Homerville

City of Ideal Purchase new water well for the City of Ideal

$

City of Jackson Purchase of fire and rescue equipment in the City of $ Jackson

City of Jakin

Construct stage adjoining the gazebo in the Jakin Park in $ the City of Jakin

City of Jesup

Improvements to McMillan Greenway Park in the City $ of Jesup

City of Jonesboro Provide for a family park and sidewalk construction in $ the City of Jonesboro

City of Jonesboro Provide for family park, walking track and restrooms in $ City of Jonesboro

City of Kennesaw

Construction of pedestrian crossing under CSX Railroad $ in the City of Kennesaw

City of Kennesaw

Funds for expansion of historic museum in the City of $ Kennesaw

9,000 10,000
5,000 5,000 5,000 10,000 30,000 15,000 10,000 6,000 5,000 10,000 15,000 5,000 35,000

THURSDAY, MARCH 6, 2003

1175

City of Kennesaw

Parking improvements and installation of underground $ utilities at Cauble/Acworth Beach in the City of Kennesaw

City of Keysville Contract for services with Beyond The Ark Outreach $ Ministries, Inc. for programs and services in City of Keysville

City of Keysville Improvements to City of Keysville City Hall

$

City of Kingston Improvements to city park, recreation and museum in the $ City of Kingston

City of Kite

Improvements and equipment for recreation complex in $ the City of Kite

City of LaFayette Piping and grading for drainage in the City of LaFayette $

City of LaFayette Historic Monument in the City of LaFayette

$

City of Lake City Recreation enhancements in Lake City

$

City of Lakeland Training equipment for the City of Lakeland

$

City of Lakeland Creation of pedestrian bridge at Lake Erma in City of $ Lakeland

City of Lavonia Purchase radio equipment for City of Lavonia Police $ Department

City of Lavonia Lighting and fencing for the city park in City of Lavonia $

City of Leary Purchase of playground equipment for the City of Leary $

City of Leesburg Weather alert system for the City of Leesburg

$

City of Lenox Remodel restrooms of the RESA facility in the City of $ Lenox

City of Lilburn Preservation and improvement of the community's green $ space and downtown revitalization program in the City of Lilburn

10,000
15,000
15,000 20,000
5,000 15,000 15,000 25,000 8,000 10,000 12,000 20,000 5,000 20,000 15,000 10,000

1176

JOURNAL OF THE HOUSE

City of Lithonia Restore or replace the recreational facilities at the $ existing city park in City of Lithonia

City of Loganville

Main Street downtown sidewalk renovation project in $ the City of Loganville

City of Ludowici Purchase a police car for the city of Ludowici

$

City of Lyons Paving for additional parking spaces at the Lyons $ Recreation Department in City of Lyons

City of Macon Funds for walking trails, picnic areas at the Freedom $ Park Complex in the City of Macon

City of Macon Provide funds for sterilization program at the City of $ Macon's Animal Shelter

City of Macon

Contract for services with Middle Georgia Tennis $ Academy for after school tennis and tutorial program in the City of Macon

City of Macon Funding for the Bartlett Crossing Literacy and gang $ prevention program in the City of Macon

City of Macon Provide funds for the Mosely Women's Center for $ operations in the City of Macon

City of Macon Funding for the Tubman African American Museum $ expansion project in the City of Macon

City of Macon Provide funds for the Museum of Arts and Sciences in $ the City of Macon

City of Marietta Support "Gone with the Wind" Movie Memorabilia $ Museum in the City of Marietta

City of Marie Board of Education

Purchase and install security cameras in Marietta Middle $ School

City of McDonough

Purchase Breathing Air Compressor for City of $ McDonough Fire Department

5,000 5,000 10,000 5,000 25,000 5,000 20,000
5,000 50,000 50,000 50,000 10,000 20,000
15,000

THURSDAY, MARCH 6, 2003

1177

City of McRae Purchase playground equipment for park in the City of $ McRae

City of Meansville

Construction of building to house fire truck for the City $ of Meansville

City of Meigs Construct a walking track in the City of Meigs

$

City of Menlo Improvements to sidewalks, streets, and park in City of $ Menlo

City of Metter Implementation of 911 service in the City of $ Metter/Candler County

City of Midville Contract for services with the Midville Community $ Development and Outreach Center in the City of Midville

City of Milan Renovations to City of Milan Community Center

$

City of Milledgeville

Funding for the Baldwin/Oconee River Greenway $ Project in the City of Milledgeville

City of Milledgeville

Purchase Case 590 backhoe for the City of Milledgeville $

City of

Purchase generator for the City of Milledgeville

$

Milledgeville

City of Milledgeville

Funding to automate meter reading system in the City of $ Milledgeville

City of Milledgeville

Funds for programs at Boys and Girls Club in the City of $ Milledgeville

City of Milledgeville

Purchase chemical protective suits for the City of $ Milledgeville Fire Department

City of Mitchell Funds to complete City of Mitchell Depot Restoration $ Project

City of

Assist in reroofing Montezuma City Hall

$

Montezuma

15,000 10,000 10,800 20,000 10,000 10,000
10,000 10,000 30,000 30,000
8,000 6,000 11,000 20,000 20,000

1178

JOURNAL OF THE HOUSE

City of

Replace roof of Montezuma City Hall

$

Montezuma

City of Monticello

Provide partial funding for playground equipment at $ Funderburg Park in the City of Monticello

City of Monticello

Funding for the City of Monticello's Funderburg Park $ Project

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

City of Mount Central heating and air conditioning for the Northside $

Vernon

Community Center project in the City of Mount Vernon

City of Nahunta Construction improvement and equipment at City Hall in $ the City of Nahunta

City of Nashville Completion of phase 2 universally accessible playground $ in the City of Nashville

City of Newnan Purchase of hazardous material equipment for City of $ Newnan Fire Department

City of Newnan City of Newnan Downtown Economic Development $ Project

City of Newnan Achievers International Programs in the City of Newnan $

City of Norman Purchase police department K-9 vehicle for the City of $

Park

Norman Park

City of Norman Replace tanker truck tank for the Norman Park $

Park

Volunteer Fire Department in the City of Norman Park

City of Ocilla Repair poor acoustics in the Community House at the $ City of Ocilla

City of Odum Purchase equipment for the City of Odum

$

40,000 8,000 8,000 5,000 5,000 5,000
10,000 20,000
5,000 20,000 20,000 10,000 10,000 10,000 5,000

THURSDAY, MARCH 6, 2003

1179

City of Oxford Enhancement of city park adjacent to City Hall in the $ City of Oxford

City of Palmetto Provide recreation equipment for the City of Palmetto $

City of Patterson Funds to pay for clean up of hazardous spill in City of $ Patterson

City of Patterson Purchase office equipment for the City of Patterson

$

City of Pearson Safety and facility enhancement for sports/recreation in $ City of Pearson

City of Pearson Purchase street and road maintenance equipment for the $ City of Pearson

City of Pelham Purchase of van for first respondent fire fighters in City $ of Pelham

City of Pembroke Provide funding for old jail restoration in the City of $ Pembroke

City of Pembroke Old Jail Welcome Center restoration in the City of $ Pembroke

City of Pembroke Restore the interior of the historic downtown theater in $ the City of Pembroke

City of Perry

Provide funds to Upton Perry Partnership for the Big $ Indian Creek Development in the City of Perry

City of Perry

Replacement and installation of ballfield lighting at $ Rozar Park in the City of Perry

City of Pine Lake Repairs to City Hall and paving of parking lot in the City $ of Pine Lake

City of Pine Lake Purchase maintenance equipment for the City of Pine $ Lake

City of Pine Lake Purchase equipment,software and provide training for $ GCIC compliance in the City of Pine Lake

6,000 10,000 10,000 5,000 12,000 5,000 15,000 10,000 10,000 10,000 50,000 50,000 20,000 15,000 15,000

1180

JOURNAL OF THE HOUSE

City of Pinehurst Purchase a maintenance truck for the City of Pinehurst $

City of Pineview Purchase water tank, pump house and a building for the $ City of Pineview Fire Department

City of Pitts

Repair of gymnasium floor in recreation complex in the $ City of Pitts

City of Plains Repairs to City of Plains wastewater treatment plan

$

City of Plains Refurbishment of railcar for the City of Plains

$

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

City of Quitman New gym floor for the City of Quitman Recreation $ Department

City of Quitman Athletic equipment for the City of Quitman Recreation $ Department

City of Reidsville Purchase fire truck for City of Reidsville

$

City of Reidsville Plan and upgrade airport facilities in City of Reidsville $

City of Richland Provide funding for the downtown Street Scape Project $ for the City of Richland

City of Richland Renovations of downtown City of Richland for the Street $ Scape Project

City of Riverdale Funds to purchase playground equipment in the City of $ Riverdale

City of Rochelle Removal of abandoned hazardous tank located in the $ center of the City of Rochelle

City of Rochelle Purchase van for senior citizen center in the City of $ Rochelle

15,000 10,000 10,000 30,000 15,000 10,000
5,000 15,000 10,000 10,000 25,000 20,000 10,000 10,000 10,000 20,000

THURSDAY, MARCH 6, 2003

1181

City of Rockmart Purchase equipment for the City of Rockmart Civic $ Auditorium

City of Rockmart Improvements to the little league field and equipment in $ the City of Rockmart

City of Rockmart Purchase equipment for the City of Rockmart Fire $ Department

City of Rome Funding for sewer installation in the City of Rome

$

City of Rome Repairs to Rome Little Theater in the City of Rome

$

City of Rome

Purchase a handicap van for the Network Day Service $ Center in the City of Rome

City of Rome

Restoration funds for the Historic Clock and Tower in $ the City of Rome

City of Rome

Contract for services with National Creative Society for $ children's service programs in City of Rome

City of Rome

Funds for after-school mentoring program for 100 Black $ Men of Rome

City of Rossville Downtown development in the City of Rossville

$

City of Sale City Purchase required computer software for the uniform $ chart of accounts for Sale City

City of Sandersville

Funding for improvements to the City of Sandersville $ Recreation Department

City of Sardis Purchase surveillance cameras for the City of Sardis $ Police Department

City of Savannah Purchase supplies, tools and books for renovation $ projects at St. Paul Technical Center in the City of Savannah

City of Savannah Recreational/neighborhood improvements for the East $ Savannah Community Association in the City of Savannah

5,000 25,000 10,000 15,000 15,000 20,000 20,000 20,000 10,000 15,000
6,750 10,000
5,000 10,000
5,000

1182

JOURNAL OF THE HOUSE

City of Savannah Recreational/neighborhood improvements for Midtown $ 10,000 Neighborhood Association in the City of Savannah

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 $ 54,480 Development (CCYD) program in the City of Savannah

City of Savannah Renovation and construction of residential cottages at $ 40,000 Greenbriar Children's Center in the City of Savannah

City of Savannah Renovations to the drivers' license facility in the City of $ 270,000 Savannah

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

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 $ 15,000 lot in the City of Soperton

City of Soperton Renovation of recreation park facilities in the City of $ 15,000 Soperton

City of Stillmore Beautification project in the City of Stillmore

$ 2,500

THURSDAY, MARCH 6, 2003

1183

City of

Park improvements in the City of Stockbridge

$

Stockbridge

City of Stone ART Station program in the City of Stone Mountain $ Mountain

City of Stone Mountain

Purchase equipmentand software for the City of Stone $ Mountain

City of Stone Mountain

Contract for services with ART Station, Inc. in the City $ of Stone Mountain for facility renovation

City of Summerville

Purchase of AED for the City of Summerville Fire $ Department

City of

Downtown development for the City of Swainsboro $

Swainsboro

City of

Renovations to City of Swainsboro City Hall

$

Swainsboro

City of Swainsboro

Repairs, renovations and equipment for Emanuel County $ Arts Center in the City of Swainsboro

City of Swainsboro

Improvements to recreation complex in City of $ Swainsboro

City of Swainsboro

Repairs, renovations and supplies for animal shelter in $ City of Swainsboro

City of Sycamore Improve lots and deteriorating buildings in the City of $ Sycamore

City of Sylvania Renovation of community center for the City of Sylvania $

City of Sylvania Repair to community center in the City of Sylvania

$

City of Sylvester Renovation and improvements to Jeffords Park in the $ City of Sylvester

City of Talbotton Smith Hill Community Improvement Project and $ realignment of Smith Hill Road/Highway 80 intersection in the City of Talbotton

40,000 25,000 25,000 10,000 3,500 20,000 10,000 5,000 15,000 5,000 10,000 10,000 35,000 10,000 10,000

1184

JOURNAL OF THE HOUSE

City of Talbotton Landscaping and park equipment for Kiddie Park in the $ City of Talbotton

City of

Recreation funds for the City of Tallapoosa

$

Tallapoosa

City of Tallapoosa

Purchase equipment for Haralson County Historical $ Museum in the City of Tallapoosa

City of Tallapoosa

Funds to construct a flag pole at the Scout House in the $ City of Tallapoosa

City of Tallulah Repair and correct water lines in the City of Tallulah $

Falls

Falls

City of Temple Recreation department projects for the City of Temple $

City of Tennille Funding for improvements to recreation facilities in the $ City of Tennille

City of Tennille Equipment purchase for the City of Tennille

$

City of Thunderbolt

Purchase First Response Vehicle for the Medical $ Emergency Program for the City of Thunderbolt Fire Department

City of Thunderbolt

Contract for services with the Thunderbolt Museum $ Society in the City of Thunderbolt

City of Tifton Construction of water line in the City of Tifton

$

City of Tifton Repairs, improvements and equipment for historic $ downtown Tift Theater in City of Tifton

City of Tifton Utility project for the City of Tifton

$

City of Twin City Purchase of equipment for fire department in the City of $ Twin City

City of Ty Ty Improvements to central city park area in the City of $ TyTy

5,000 20,000 5,000 2,000 10,000 10,000 10,000 5,000 20,000
10,000 15,000 5,000 36,000 10,000 5,000

THURSDAY, MARCH 6, 2003

1185

City of Tybee Construction of a pedestrian park in the City of Tybee $

Island

Island

City of Tybee Tybee Island Recreation Feasibility Study

$

Island

City of Unadilla Renovation of old city buildings on Front Street in $ downtown City of Unadilla

City of Valdosta Maintenance and repairs for Valdosta/Lowndes County $ Arts Commission

City of Valdosta Repairs to Lowndes County Historical Society

$

City of Valdosta Purchase furniture, equipment and supplies for Southside $ Library in Valdosta

City of Valdosta Contract for services with the Valdosta Food Bank

$

City of Valdosta Contract with Valdosta Boys and Girls Club for after $ school programs in the City of Valdosta

City of Valdosta Community Based Children's Advocacy Center in the $ City of Valdosta

City of Valdosta Contract with LAMP, Inc. to provide transitional $ housing program for women and children in the City of Valdosta

City of Valdosta Renovation to City of Valdosta's Oldest House, the $ Robert House

City of Valdosta Purchase books and equipment for the South Georgia $ Regional Library in the City of Valdosta

City of Vidalia Improvements to walking trail at the Ed Smith Complex $ in Vidalia County

City of Villa Rica Recreation department projects for the City of Villa Rica $

City of Wadley Equipment purchase for the City of Wadley Volunteer $ Fire Department

35,000 25,000 15,000 5,000 3,000 5,000 10,000 5,000 10,000 5,000
15,000 20,000
5,000 10,000
5,000

1186

JOURNAL OF THE HOUSE

City of Wadley Purchase truck and equipment for the City of Wadley $

City of Wadley Purchase a trash truck for the City of Wadley

$

City of

Purchase supplies for the Walthourville Summer $

Walthourville Enrichment Program in the City of Walthourville

City of Warner Operation of the Air Force Museum in the City of $

Robins

Warner Robins

City of Warwick Purchase radio and law enforcement equipment for $ police vehicles for the City of Warwick

City of Washington

Contract for services with Washington/Wilkes Family $ Connection for Jump Start Early Intervention Program in the City of Washington

City of Watkinsville

Landscape the Hershel B. Harris Garden and Harris $ Shoals Park in the City of Watkinsville

City of Waycross Renovations and restoration to the Ritz Theater in the $ City of Waycross

City of Waycross Purchase computers for the Drug Action Council's Weed $ and Seed Program in City of Waycross

City of Waynesboro

Replace and purchase new playground equipment, $ computer and educational materials for the Childcare Center in City of Waynesboro

City of

Purchase playground equipment for the city Kiddie Park $

Willacoochee in the City of Willacoochee

City of Woodland

Safety improvements to City Park in the City of $ Woodland

City of Wrightsville

Improvements to West View Cemetery in the City of $ Wrightsville

City of Wrightsville

Purchase equipment for fire department in the City of $ Wrightsville

10,000 4,000 7,300 90,000 5,000 10,000
5,000 10,000
2,500 5,000
10,000 10,000 10,000 15,000

THURSDAY, MARCH 6, 2003

1187

City Of Cave Springs

Funding for street and sewer construction in the City of $ 15,000 Cave Springs

City Of White Purchase volunteer fire department supplies for the City $ of White

9,000

Clark County

Northeast Georgia Regional Center for Independent $ 107,540 Living in Clark County

Clay County

Planning, mapping, addressing, and implementing of $ 15,000 enhanced 911 system in Clay County

Clayton County Athletic equipment, fine arts program and band $

Board of

programs for North Clayton High in Clayton County

Education

5,000

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

Education

1,000

1188

JOURNAL OF THE HOUSE

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 PTA in Clayton County

Education

Clayton County Support school operations resources for Jonesboro High $

Board of

School PTA 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 PTA in Clayton County

Education

Clayton County Support school operation resources for Adamson Middle $

Board of

School PTA in Clayton County

Education

Clayton County Support school operation resources for the Jonesboro $

Board of

Middle School PTA in Clayton County

Education

Clayton County Enhancements for Jesters Creek Trail in Clayton County $

Clayton County Park enhancements in East Clayton County

$

Clayton County Support operation resources for Morrow High School in $

Board of

Clayton County

Education

1,000 4,000 1,000 1,000 1,000 1,000 1,000 1,000 25,000 25,000 1,000

THURSDAY, MARCH 6, 2003

1189

Clayton County Technology improvements for Carrie D. Kendrick $

Board of

Middle School in Clayton County

Education

Clayton County Purchase books and technology for Pointe South $

Board of

Elementary in Clayton County

Education

Clayton County Purchase 15 passenger van for Rainbow House $ Emergency Shelter in Clayton County

Clayton County Purchase training tools, safety and office equipment for $ the ForestPark Athletic Assn. in Clayton County

Clayton County Operating funds and HUD match for Calvary Refuge in $ Clayton County

Clayton County Purchase software and peripherals for the Riverdale $

Board of

Elementary School in Clayton County

Education

Clayton County Replace playground equipment at Brown Elementary $

Board of

School in Clayton County

Education

Clayton County Weight room modifications and weight room equipment $

Board of

at Lovejoy High School in Clayton County

Education

Clayton County Support school operation resources for Mt. Zion $

Board of

Elementary PTA in Clayton County

Education

Clayton County Provide a food pantry and help center through the $ Clayton County Commission

Clayton County Provide for computer and research equipment for $ Evening High School in Clayton County

Clayton County Repairs and Renovations of the Clayton County $

Board of

Alzheimer Center

Commissioners

5,000 5,000 10,000 10,000 30,000 5,000 10,000 10,000 1,000 10,000 10,000 25,000

1190

JOURNAL OF THE HOUSE

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

Clayton County Repairs and renovation of athletic fields at Forest Park $

Board of

High School in Clayton County

Education

Clayton County Funds to continue program goals for the Youth $

Board of

Empowerment Project in Clayton County

Commissioners

Clayton County Funds for computer and research equipment for Morrow $ High School in Clayton County

Clayton County Purchase computer and research equipment for North $ Clayton High School in Clayton County

Clayton County Funds for computer and research equipment for Mt. Zion $ High School in Clayton County

Clayton County Provide for an after-school intervention program in $ Clayton County

Clayton County Funds for computer equipment for Jonesboro High $ School in Clayton County

Clayton County Funds for computer and research equipment for Lovejoy $ High School in Clayton County

Clayton County Provide for computer and research equipment for $ Riverdale High School in Clayton County

Clayton County Funds for computer and research equipment for Forest $ Park High School in Clayton County

Clayton County Purchase band uniforms for Mundy's Mill High School $

Board of

for Clayton County Board of Education

Education

Clayton County Voter Registration

Purchase computer software for Clayton County Voter $ Registration Office

25,000
20,000
25,000
10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 20,000
18,700

THURSDAY, MARCH 6, 2003

1191

Clinch County
Cobb County
Cobb County
Cobb County
Cobb County
Cobb County
Cobb County
Cobb County
Cobb County
Cobb County Board of Education Cobb County Board of Education Cobb County Board of Education Cobb County Board of Education

Purchase computer and research resources for Huxford $ Genealogical Library in Clinch County
Install handicap ramps and handicap restroom upgrades $ for South Cobb Community Center in Cobb County
Purchase of playground equipment for Young Family $ Community Resource Center in Cobb County
Purchase of medical supplies for Smyrna Community $ Health Center in Cobb County
Funding for materials at Nickajack Elementary School in $ Cobb County
Funding for student uniforms at Pebblebrook High $ School in Cobb County
Funding for materials at Lindley Middle School in Cobb $ County
Construct a storage facility, batting cage and dugouts at $ Harrison High School in Cobb County
Construct facility for fast pitch program at Walton High $ School in the City of Marietta
Construct bleachers on softball field and on visitor's side $ of baseball field at Osborne High School in Cobb County
Fund position for bi-lingual family services coordinator $ at Birney Elementary School in Cobb County
Computers and books needed for technology media $ center at Campbell High School in Cobb County
Purchase two copiers and to complete a playground for $ the Brown Elementary School in Cobb County

15,000 16,500 15,000 12,000
1,000 6,000 2,000 14,500 50,000 15,000
5,000
5,000
5,000

1192

JOURNAL OF THE HOUSE

Cobb County Board of Education

Purchase computers, physical ed equipment and provide $ summer programs at Griffin Middle School in Cobb County

Cobb County Board of Education

Laptop computers and books for the media center at $ Norton Park Elementary in Cobb County

Cobb County Board of Education

Purchase books and materials for bookmobile for $ Belmont Elementary School in Cobb County

Cobb County Board of Education

Purchase computers and printers at Nickajack $ Elementary in Cobb County

Cobb County Board of Education

Provide for computer software and training in Cobb $ County for Cobb County Board of Education

Cobb County Board of Education

ESOL materials and tech support staff member for Floyd $ Middle School in Cobb County

Cobb County Board of Education

Purchase and installation of 15 desktop computers for $ Campbell Middle School in Cobb County

Cobb County Board of Education

Purchase of lockers for the football field house at Kell $ High School in Cobb County

Cobb County Board of Education

Purchase and install security system at Campbell High $ School for Cobb County Board of Education

Coffee County Assist in equipment for Wilsonville Volunteer Fire $ Commissioners District station in Coffee County

Coffee County Highway 441 Economic Development Council, $ Incorporated

5,000 5,000 5,000 5,000 6,488 5,000 10,000 10,000 20,000 10,000 60,000

THURSDAY, MARCH 6, 2003

1193

Coffee County Construct volunteer fire station for the Wilsonville $ Commissioners community in Coffee County

Coffee County Purchase playground equipment for Nicholls Elementary $ School in Coffee County

Coffee County Board of Education

Purchase of mats and weights for Coffee Middle School $ in Coffee Board Of Education

Colquitt County Improvements in the Culbertson Community Volunteer $ Fire Department in Colquitt County

Columbia Board Athletic Improvements for Evans High School in $ of Education Columbia County

Columbia Board Technology improvements for Blue Ridge Elementary in $ of Education Columbia County

Columbia County

Field improvements for Martinez Evans Little League in $ Columbia County

Columbia

Outdoor classroom for the Westmont Elementary in $

County Board of Columbia County

Education

Columbia

Athletic Improvements for the Greenbriar High School $

County Board of in Columbia County

Education

Columbia

Athletic improvements for Lakeside High School in $

County Board of Columbia County

Education

Columbia County

Sheriff's Office Summer Camp program in Columbia $ County

Columbia County

Refurbish the historical Crawford Cemetery in Columbia $ County

10,000 15,000 10,000 10,000 10,000
5,000 10,000
5,000 10,000 10,000 15,000 15,000

1194

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

Funding for the Positive Parenting/Play and Learn $ Together Program/ Teenage Parenting Program in Columbus/Muscogee County
Contract for services with Urban League of Greater $ Columbus for Youth Challenge Project

10,000 20,000

Contract for services with Columbus Community Central $ 25,000 for outreach program in Columbus

Contract for services with Port Columbus Civil War $ 100,000 Navel in Columbus/Muscogee County

Contract for services with the Boys and Girls Clubs of $ 120,000 Columbus for Columbus/Muscogee County

Contract for services with Metropolitan Columbus Task $ 20,000 Force for Columbus/Muscogee County

Contract for services with Combined Communities of $ 20,000 S.E. Columbus for tutorial program for at-risk youth

Contract for services with Community Health Center of $ 20,000 South Columbus, Inc.

Contract for services with Men of Action, Inc. for $ 15,000 programs at Farley Homes in Columbus

Athletic field renovations at North Gwinnett High $ 20,000 School in Gwinnett County

THURSDAY, MARCH 6, 2003

1195

Columbus Consolidated Government

Contract with Two Thousand Opportunities Inc. to $ provide jobs for at-risk youth and startup businesses in Columbus

Columbus Consolidated Government

Contract with 100 Black Men of Columbus for youth $ mentoring program in the City of Columbus

Columbus Consolidated Government

Contract for services with Project Rebound for $ community based intervention program for students atrisk in Columbus

Columbus Consolidated Government

Recreation grant to assist with recruitment of youth and $ student activities for recreation department and South Commons/FCC, Inc. in Columbus

Columbus Consolidated Government

Provide Welcome Center in Columbus/Muscogee $ County

Columbus Consolidated Government

Contract with Kay Community Service Center for a $ sheltered workshop in Fort Valley

County of Emanuel

Upgrade rural fire departments in Emanuel County

$

Coweta County Enhance Coweta County's Adult Literacy Program

$

Board of

Education

Crawford County Contract with Boys and Girls Club of Peach County for $ building improvements in Crawford County

Crawford County Purchase equipment for volunteer fire department for $ Crawford County

Crawford County Purchase furniture for new Crawford County Courthouse $

Crawford County Purchase of ambulance and renovations to EMS $ headquarters in Crawford County

65,000 15,000
5,000 50,000 10,000 48,000 10,000 10,000
5,000 6,500 15,000 35,000

1196

JOURNAL OF THE HOUSE

Crawford County Aid in construction costs for the completion of the $ Commission Crawford County Courthouse

Crisp/Cordele County IDA

Assist in constructing a monument at the Friends of $ Georgia Veterans' Memorial State Park in the City of Cordele

Crisp County Commission

Renovation of a county building to be used to start $ classes at Darton College in City of Cordele

Dade County

Construction of Veterans' Memorial Park in Dade $ County

Decatur County Renovation of building for crime scene processing $ laboratory in Decatur County

Decatur County Renovation of building for crime scene processing $ laboratory in Decatur County

Decatur County Purchase fire fighting equipment for Decatur County $

Decatur County Purchase pick up truck for the Decatur County Sheriff's $ Department Deputy Auxiliary Force

Decatur County Construct an additional building for the Fowlstown Fire $ Department in Decatur County

Decatur County Crime Scene Processing building in Decatur County $

Dekalb County Contract for services with Green Forest Community $ Development, Inc. for a Pre-School/Early Childhood Technology Program in DeKalb County

Dekalb County Contract for services with Oakhurst Medical Center for a $ Stroke, Diabetes Education/prevention program in DeKalb County

Dekalb County Lighting for Shoal Creek Park on McAfee Drive in $ DeKalb County

Dekalb County Neighborhood Clean/Beautiful Programs for White Oak $ Hills and Midway Woods Neighborhood Association in DeKalb County

25,000 50,000
10,000 20,000 10,000
6,000 10,000 10,000
1,000 16,000 30,000
15,000
10,000 2,000

THURSDAY, MARCH 6, 2003

1197

Dekalb County Fund Delta Life Development Center Programs in $ Dekalb County
Dekalb County Funding for Life Skills for Tomorrow Program in $ Dekalb County
Dekalb County Provide funding for Leadership Academy in Dekalb $ County
Dekalb County Funding for playground for Brookrun Park in Dekalb $ County
DeKalb County Renovation and outdoor lighting for Briarwood $ Recreation Center in DeKalb County
DeKalb County Fill in dangerous ditches and sidewalk construction on $ LaVista Road in unincorporated DeKalb County from Atlanta City line to Citadel Road
DeKalb County Re-engineer dangerous intersection Briarcliff Road, $ Johnson Road and Zonolite Road in DeKalb County
DeKalb County Contract for services with the Push Push Theater of $ DeKalb County
DeKalb County Contract for services with IAM, Inc. for after-school $ tutoring/mentoring program in DeKalb County
DeKalb County Improvements to Rock Chapel Park in DeKalb County $
DeKalb County Purchase of art supplies for youth programs for $ Conyers/Rockdale Council for the Arts in Rockdale County
DeKalb County Restore and protect Burnt Fork Creek and its watershed $ in DeKalb County
DeKalb County Contract for services with Bethel Enterprises, Inc to $ provide after school tutoring/mentoring program in DeKalb/Rockdale County

35,000 50,000 80,000 50,000 10,000 20,000
10,000 10,000
5,000 8,500 7,000
5,000 4,500

1198

JOURNAL OF THE HOUSE

DeKalb County Purchase band instruments for students at Stoneview $

Board of

Elementary School in DeKalb County

Education

DeKalb County Program assistance for Browns Mill Park/DeKalb $ Yellow Jacket Football/Cheerleading Programs in DeKalb County

DeKalb County Contract with Robert Shaw Theme School for summer $

Board of

program in DeKalb County

Education

DeKalb County Contract for services with the Frazer Center in DeKalb $ County

DeKalb County Building and grounds improvements for Murphey $ Candler

DeKalb County Field renovation for girls softball field at Murphey $ Candler Park in DeKalb County

DeKalb County Contract for services with South DeKalb Improvement $ Initiative to staff and supply SLAM Saturday tutorial sessions

DeKalb County Board of Education

Purchase library books for Hambrick, Idlewood, Stone $ Mill, Shadow Rock, Pine Ridge, Redan, Wynnebrooke, Stephenson Middle, Stephenson High School, Stone Mountain High School, and Smoke Rise in DeKalb County

DeKalb County Contract for services with the South DeKalb $ Improvement Initiative for tutorial programs in DeKalb County

DeKalb County Contract for service with South DeKalb Improvement $ Initiative for senior adult services in DeKalb County

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

5,000 10,000
5,000 30,000
5,000 5,000 45,000 11,000
30,000 20,000 15,000

THURSDAY, MARCH 6, 2003

1199

Middle, Flat Shoals Elementary, Sky Haven Elementary, Leslie J. Steel Elementary, McNair Middle, McNair High, and Cedar Grove High in DeKalb County

DeKalb County Contract with Georgia Community Support and $ Solutions for services to emotionally disturbed children in DeKalb County

DeKalb County Provide for comprehensive youth service program in $ Scottdale Community in DeKalb County

DeKalb County Assist PTA honors programs at Snapfinger, Woodridge $

Board of

and Rainbow Elementary Schools in DeKalb County

Education

DeKalb County Assist PTA with honors programs at Rowland, Atherton $

Board of

and Canby Lane Elementary Schools in DeKalb County

Education

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

DeKalb County Assist PTA repair and purchase band uniforms and $

Board of

instruments at Southwest DeKalb High in DeKalb

Education

County

DeKalb County Assist PTA to repair and purchase band uniforms and $

Board of

instruments for Columbia High School in DeKalb

Education

County

DeKalb County Assist PTA to repair and purchase band uniforms and $

Board of

instruments for Towers High School in DeKalb County

Education

DeKalb County Assist PTA organizations with honors programs at $

Board of

Browns Mill, Bob Mathis and Miller Grove Elementary

Education

Schools in DeKalb County

DeKalb County Contract for services with Black Women's Coalition of $ Atlanta for tutorial, education and after-school care programs in DeKalb County

44,000 15,000
2,000 1,500 1,500 6,000 6,000 6,000 1,500 20,000

1200

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

DeKalb County Beautification grants for district homeowners in DeKalb $ County

DeKalb County Contract for services with Wonderland Gardens in $ DeKalb County

DeKalb County Beautification projects at Worthington, Autumn Hills, $ Emerald Estates, and Springwood communities in DeKalb County

DeKalb County Beautification projects at Pendley Hills, Sherrington, $ Spring Valley, and The Crossing communities in DeKalb County

DeKalb County Beautification projects at Easterwood, Columbia Valley, $ Columbia Crossing, and Glenwood communities in DeKalb County

DeKalb County Beautification projects at Glen Mar, Leisure Valley, $ Hidden Hills, and Rainbow Creek communities in DeKalb County

DeKalb County Beautification projects at Leslie Estates, Sherwood Oaks, $ Hunters Hill, and Wyndam Park communities in DeKalb County

DeKalb County Arts Station Summer Program in DeKalb County

$

DeKalb County Provide a customer service institute for Victory Outreach $ Empowerment Program in Dekalb County

DeKalb County Improve Civic Club building in Dekalb County

$

DeKalb County Purchase landscaping supplies and gate for Dekalb $ County Civic Association

DeKalb County Provide funding for Dekalb County Computer Literacy $ Program

1,000
30,000 20,000
4,000
5,000
6,000
4,000
4,000
15,000 20,000 15,000
7,200 10,000

THURSDAY, MARCH 6, 2003

1201

DeKalb County Funding for KHADIJALAND operating expenses in $ Dekalb County

DeKalb County Purchase athletic equipment for the disabled youth of $ Dekalb County

DeKalb County Construction of playground at BrookRun in DeKalb $ County

DeKalb County

Beautification projects for Hidden Hills, Meadows, $ Southland, Mountain, Deer Creek, Fontaine, Fontaine East, and PTA enhancements for Redan, Miller Grove and Stevenson High School in DeKalb County

DeKalb County Coalition of Concerned Africans, Inc. in DeKalb County $

Dodge County Equipment money for the Plainfield fire department in $ Dodge County

Dodge County Dodge County Courthouse renovation

$

Dodge County Board of Education

Bus driver break room improvement for Dodge County $ Board of Education

Dooly County Dooly County Recreation Department for maintenance $ and operation

Dooly County Replace fire truck for City of Byromville in Dooly $ County

Dougherty County

Contract for services with Dougherty County $ Community Coalition for senior day care in Dougherty County

Dougherty

Contract for services with South Albany Family $

County

Enrichment Center to encourage business growth and

Commissioners development in Dougherty County

Dougherty County Commissioner

Shelter and feed the homeless at Zion's Outreach $ Program in Dougherty County

20,000 10,000 15,000 10,000
5,000 3,000 5,000 3,000
10,000 30,000 10,000
5,000
5,000

1202

JOURNAL OF THE HOUSE

Douglas County Establish an emergency operations center for new $ Douglas County EMA

Douglas County Thermal Imaging Camera for the Douglas County Fire $ Department

Douglas County Summer remediation program for Douglas County $

Board of

middle school students

Education

Douglas County Purchase food and other supplies for Douglas County $ Food Bank

Douglas County Purchase equipment for the Douglas County $

Board of

Government Access Channel

Commissioners

Douglas County Improve playground equipment for Eastside Elementary $ School System in Douglas County

Dublin City Board of Education

Renovation of bathroom facilities at Shamrock Bowl in $ the City of Dublin

Dublin City Board of Education

Purchase band uniforms for Dublin High School for the $ Dublin City Board of Education

Dublin City Board of Education

Purchase band uniforms for Dublin High School in City $ of Dublin

Dublin/Laurens County Recreation Authority

Lighting for fields for Dublin Recreation Authority

Laurens County $

City of Eastman Funds for the Boys and Girls Club for the City of $ Eastman

Early County Commission

Fund expenses associated with seeking a power $ generating plant for the Economic Development Authority in Early County

7,000 10,000 10,000 20,000 20,000 10,000
5,000 10,000 10,000
5,000
12,000 25,000

THURSDAY, MARCH 6, 2003

1203

Eastman/Dodge Construction project for Eastman/Dodge Development $ Development Authority Authority

Eatonton City Funding to further enhance the Alice Walker Street $

Council

Project in the City of Eatonton

Echols County Purchase eleven air pacs for the Echols County $ Volunteer Fire Department

Effingham County

Playground equipment for Clyo Community Park in $ Effingham County

Effingham County Board of Education

Furniture for new Ebenezer Middle School in Effingham $ County

Effingham County Board of Education

Sand Hill Elementary School playground equipment for $ disabled in Effingham County

Effingham

Funding for Veterans' Park in Effingham County

$

County

Effingham County

Construction of Veterans' Park in Effingham County $

Emanuel County Equipment and supplies for Franklin Memorial Library $ in Emanuel County

Emanuel County Improvements to the Emanuel County Courthouse

$

Evans County Enhancements to Industrial Park in Evans County

$

Evans County Provide for industrial park landscaping for Claxton in $ Commission Evans County

Evans County Board of Education

Funds to rehabilitate school building for Evans County $ Board of Education

Fannin County Provide crew from Union C.I. to maintain park and $ clean bank area in Fannin County

25,000
10,000 15,000 15,000 10,000
10,000
20,000 10,000 10,000 20,000 10,000 10,000 10,000
25,000

1204

JOURNAL OF THE HOUSE

Fannin County Park amenities to include restrooms and roads to $ ballpark in Fannin County

Fannin County Board of Education

Purchase educational supplies for West Fannin $ Elementary in Fannin County

Fannin County Board of Education

Purchase gravel to extend parking for Fannin County $ Head Start program

Fayette County Funds supporting the Foundation de Manana program in $ Fayette County

Floyd County Construction of access road to the new Pirelli Plant in $ the Floyd County

Floyd County Provide driveway accessibility for ASL Archer Co Plant $ in Floyd County

Floyd County Provide funds for education program at Chieftains $ Museum in Floyd County

Floyd County Provide language programs to the Latin/Hispanic $ population at Floyd College in Floyd County

Floyd County Fund expenses and equipment at Camp Good Times in $ Floyd County

Floyd County Fund video production project at Coosa High School in $ Floyd County

Floyd County Board of Education

Construct a multi-purpose "Classroom in the Wild" $ building at Coosa Middle School in Floyd County

Floyd County Board of Education

Outdoor activities project at the Pepperell Middle $ Schools in Floyd County

Floyd County Board of Education

Construct memorial athletic field for 4th and 5th graders $ at Pepperell Elementary in Floyd County

30,000 10,000
5,000
10,000 25,000 20,000 15,000 25,000 15,000 10,000 12,500
25,000
10,000

THURSDAY, MARCH 6, 2003

1205

Forsyth County Renovation of the Forsyth County Chamber of $ Commerce

Forsyth County Funding for school programs in Forsyth County

$

Franklin County Franklin County Recreation Park

$

Franklin County Paving for Franklin County High School Agriculture $

Board of

Center

Education

Franklin County Building and equipment for Red Hill, Bold Springs, $ Double Churches, Five Acre, Lyons and Sandy Cross Fire Departments in the Franklin County

Franklin County Building and equipment for Red Hill, Bold Springs, $ Double Churches, Five Acre, Lyons, and Sandy Cross Fire Department in Franklin County

Fulton County Construction of an outdoor environmental classroom at $ Abbots Hill Elementary School in Fulton County

Fulton County Purchase of computers and software for the Harriett G. $ Darnell Multi-purpose facility in Fulton County

Fulton County Contract for services with Quality Living Services, Inc. $ in Fulton County

Fulton County Funds for "Listen Up", a drug prevention and education $ program in Fulton County

Fulton County Funding for ceiling repair of the Kappa Omega $ Foundation facility in the City of Atlanta

Fulton County Provide computer and research equipment for Creekside $ High School in Fulton County

Fulton County Provide funding for the KidsGym USA program in $ Fulton County

Fulton County Board of Education

Development of an outdoor classroom for Roswell North $ Elementary School in Fulton County

25,000 25,000 15,000 10,000
20,000
10,000
15,000 25,000 45,000 25,000 60,000 10,000 25,000 10,000

1206

JOURNAL OF THE HOUSE

Fulton County Board of Education

Outdoor classroom at the Taylor Road Middle School in $ Fulton County

Fulton County Board of Education

Contract with Connection, Inc. for victory over violence $ activities in south Fulton County schools

Fulton County Board of Education

Create science lab at Finidley Oaks Elementary School $ in Fulton County

Fulton County Board of Education

Contract with K.I.D.D.S. Dance Project, Inc. in Fulton $ County

Georgia Tech Funding for a joint policy institute between Georgia $ Tech and Morehouse College

Glascock County Complete renovation of courthouse annex in Glascock $ County

Glynn County Installation of outdoor lighting for the Animal Control $ facility in Brunswick

Glynn County Animal Control facility parking lot lighting for Glynn $

Board of

County

Commissioners

Grady County

Construct new cover for Thomas/Grady County Mental $ Health Center for handicapped recreational outdoor pavilion in Grady County

Grady County Renovation and improvements to Wayside Community $ Center in Grady County

Grady County Building construction and equipment purchases for the $ Midway Fire Department in Grady County

Grady County Board of Education

Funds to enhance tennis courts, add lights and make $ other improvements to the softball field at the Cairo High School in Grady County

15,000 10,000 15,000 10,000 75,000 10,000
5,000 5,000 10,000 10,000 10,000 10,000

THURSDAY, MARCH 6, 2003

1207

Greene County Equipment and display cases at Abram Colby Decorative $ Arts Gallery in Greene County

Greene County Renovation of historic old jail in Greensboro for $ museum in Greene County

Greene County Feasibility study to determine healthcare system options $ for Greene, Morgan, Putnam Region

Greene County Funding for old jail restoration project in Greene County $

Gwinnett Community Foundation

Provide funds to allow Aurora Theater performances in $ elementary schools in Gwinnett County

Gwinnett County Athletic Department stadium project at Grayson High $

Board of

School in Gwinnett County

Education

Gwinnett County Contract for services with Creative Enterprises for $ construction of Phase II Expansion of the Day Habilitation Program in Gwinnett County

Gwinnett County Renovation of Athletic facilities at Duluth High School $

Board of

in Gwinnett County

Education

Gwinnett County Creative Enterprises

$

Gwinnett County Asphalt walking track around playground at Mountain $ Park Elementary School in Gwinnett County

Hall County Create walking trail in Tadmore Park in Hall County $

Hall County Board of Education

Playground equipment for White Sulphur Elementary $ School in Hall County

Hancock

Purchase a vehicle and equipment for East Lake Sinclair $

Board of

Fire Department in Hancock County

Commissioners

2,000 15,000 10,000 10,000 10,000
5,000
25,000
20,000
50,000 20,000 15,000 10,000
10,000

1208

JOURNAL OF THE HOUSE

Hancock County Funds needed to purchase firefighting equipment and $ supplies for Sparta/Hancock County Fire Department

Hancock County Develop hydroponic garden at M.E. Lewis Elementary in $

Board of

Hancock County

Education

Haralson County Contract services for Family Connections Haralson $ County

Haralson County Contract services for Lamp Program in Haralson County $

Haralson County Recreation funds for Haralson County Recreation $ Department

Haralson County Fund programs and curriculum for Haralson County $ Family Support Programs

Haralson County Fund programs and curriculum for Haralson County $ Family Connection

Haralson County Purchase athletic equipment for Haralson County High $ School

Hart County Paving for Hart County Public Safety Training facility $

Hart County

Emergency equipment (defibrillator) for Hart County $ Fire Department

Heard County Recreation department projects for Heard County

$

Heard County

Purchase bullet proof vests for every law enforcement $ officer in Heard County Sheriff's Department and City of Franklin Police Department

Heard County Board of Education

Purchase two computer labs at Centralhatchee and $ Ephesus Elementary Schools in Heard County

Heart of Georgia Provide youth programs and air show at the Heart of $ Airport Authority Georgia Airport Authority

10,000 4,000
25,000 25,000 20,000 7,000 7,000 10,000 10,000 8,000 15,000 20,000
15,000
10,000

THURSDAY, MARCH 6, 2003

1209

Henry County General repair and maintenance of shelter facilities at A $ Friend's House in Henry County

Henry County Purchase office equipment for Henry County Sheriff's $

Board of

Office

Commissioners

Henry County Board of Education

Purchase new books for Austin Road Middle School $ Library in Henry County

Henry County Board of Education

Purchase books and other media items for Union Grove $ High School in Henry County

Henry County Board of Education

Purchase books and other media items for Cotton Indian $ Elementary in Henry County

Henry County Board of Education

Purchase equipment for the Health/Physical Education $ Department at Austin Road Middle School in Henry County

Houston County Contract for services with Kid's Journey in Houston $

Board of

County

Education

Houston County Materials and supplies for the Houston County Library $

Houston County Purchase equipment for the Henderson Volunteer Fire $ Department in Houston County

Houston County Contract for services with Family Counseling Control of $ Central Georgia in Houston County

Houston County Purchase piano for the Fine Arts Department at Houston $

Board of

County High School

Education

Irwin County

Repair to gymnasium in the recreation complex in Irwin $ County

10,000 7,500 5,000 5,000 5,000 5,000 5,000 25,000
25,000 15,000 14,000 10,000

1210

JOURNAL OF THE HOUSE

Irwin County

Upgrade inventory of books for the Irwin County $ Library

Irwin County

Repair and upkeep of Civil War Memorial located on $ courthouse square in the City of Ocilla

Irwin County Board of Education

Construction of physical education room for wrestling, $ cheerleading and band activities for the Irwin County High School

Jackson County Purchase of equipment for Plainview Fire Department in $ Jackson County

Jackson County Purchase of equipment for the Jackson County Volunteer $ Rescue

Jackson County Construction of homeland security building for the $ Jackson County Fire Department

Jasper County Board of Education

Lighting for high school baseball/softball fields in Jasper $ County

Jeff Davis

Purchase playground equipment for parks in Jeff Davis $

County

County

Commissioners

Jeff Davis

Purchase equipment for food processing facility at Jeff $

County Board of Davis High School in Jeff Davis County

Education

Jeff Davis County

Create film and video library at Hazelhurst/Jeff Davis $ County Museum

Jeff Davis County

Assist Jeff Davis County with economic development $

Jefferson County Provide funding for tourism for Jefferson County $ Economic Development Authority

Jefferson County Funds to purchase a surplus vehicle for the Jefferson $ County Coroner's Office

10,000 5,000
10,000
15,000 20,000 15,000 35,000
15,000
5,000
10,000 25,000 25,000 1,500

THURSDAY, MARCH 6, 2003

1211

Jefferson County Purchase signs for Jefferson County High School and $ School System Sandersville Technical College

Jenkins County Repair to the Jenkins County Library

$

Jenkins County Purchase and renovate theater building for Jenkins $ County DevelopmentAuthority

Jenkins County Complete construction of recreation building for $ Millen/Jenkins County Recreation Department

Jenkins County Funds to pave Health Department parking lot in Jenkins $ Commission County

Johnson County Purchase equipment, renovate and repairs at the Senior $ Citizen Center in Johnson County

Johnson County Rural fire department improvements and equipment $ purchases in Johnson County

Johnson County Renovation of recreation complex and purchase $ equipment in Johnson County

Johnson County Renovations to fire stations in Johnson County

$

Board of

Commissioners

Johnson County Paving project for the Johnson County Board of $

Board of

Education

Education

Jones County

Design and develop landscape beautification project $ atthe Jones County Civic Center

Jones County

General operation of the Jones County Recreation $ Department

Jones County

Purchase firefighting equipment for fire tank in Jones $ County Volunteer Fire Department

Jones County Fund new recreation area for City of Haddock

$

Commission

12,500 10,000 25,000 15,000 5,000 5,000 15,000 10,000 10,000
25,000
15,000 25,000
5,000 9,000

1212

JOURNAL OF THE HOUSE

Lamar County Lamar County Ag Expo Center

$

Lamar County Purchase bullet proof vests for every law enforcement $ officer in Lamar County

Lamar County Crisis response vehicle/mobile command center for $ Lamar County Sheriff's Department

Lanier County Expansion of the RobertSimpson Nature Trail in Lanier $ County

Lanier County Band equipment for the Lanier County Schools

$

Board of

Education

Laurens County Three automatic entry and exit doors for Dublin Laurens $ County Library in Laurens County

Laurens County Purchase sexual abuse screening equipment for Stepping $ Stone program in Laurens County

Laurens County Construction of weight training room for Health $

Board of

Education at West Laurens High School in Laurens

Education

County

Laurens County Purchase band uniforms for West Laurens High School $

Board of

in Laurens County

Education

Laurens County Construction of T-Hangars at the airport in Laurens $ County

Laurens County Recreational equipment for Heart of Georgia Psycho $

Board of

Educational Services in Laurens County

Education

Laurens County Improvements for Cedar Grove Community Center in $ Laurens County

Lee County

Repair old fire station which is being converted to $ Redbone Library in Lee County

25,000 15,000 40,000 10,000 6,000
5,000 25,000 10,000
10,000
5,000 5,000
10,000 16,000

THURSDAY, MARCH 6, 2003

1213

Lincoln County Building and equipment for the Loco Volunteer Fire $ Departmentin Lincoln County

Lincoln County Contruction of water line and infrastructure for Boy $ Commission Scout Camp in Lincoln County

Long County

Fire department equipment to include personal turn out $ gear for Long County

Long County

Purchase new car for the Long County Sheriff's $ Department

Long County Purchase new Sheriffs Department car in Long County $

Long County

Purchase protective gear for the volunteer fire $ department in Long County

Long County Provide new computer equipment in Long County

$

Lowndes County Purchase New Book Van for South Georgia Regional $ Library in Lowndes County

Lowndes County Purchase theater equipment for program through $ Valdosta State University in Lowndes County

Lowndes County Construction of the James Belk Youth and Teen Center $ at YMCA in Lowndes County

Lumpkin County Funding for homeless shelter in Lumpkin County

$

Madison County Pave parking lot at Madison County Fire Station

$

Marion County Funds to replace wood columns on Marion County $ Commissioners Courthouse

McIntosh County Purchase seventeen-passenger Ford Econovan for the $ Esther Project, Inc. in McIntosh County

Meriwether County

Construct a football field for Greenville High School in $ Meriwether County

10,000 25,000 30,000 10,000 5,000
8,000 20,000 15,000 10,000 75,000 25,000 5,000 23,834 20,000 75,000

1214

JOURNAL OF THE HOUSE

Meriwether County

Purchase bullet proof vests for every law enforcement $ officer in Meriwether County

Mitchell County Contract for services with Mitchell County Boys and $ Girls Club for Smart Moves pregnancy prevention program

Mitchell County Purchase new fire protection equipment for seven $ volunteer fire departments in Mitchell County

Monroe County School building renovations for Community Wellness $

Board of

Center in Monroe County

Education

Monroe County Purchase and install a cardiac monitoring system, $

Hospital

communications system or other improvements at

Authority

Monroe County Hospital

Montgomery County

Repair roof of historic building atMontgomery County $ High School

Montgomery Repair roof and flooring of the 1929 building for the $ County Schools Montgomery County School Board

Montogomery Purchase of rescue equipment for the Montgomery $

County

County Emergency Management Agency

Montogomery New fence at the Montgomery County Recreation $

County

Department

Morgan County Funding for the construction of an Animal Control $ Commission Building for Morgan County

Morgan County Construct a new fire department at Clack's Chapel in $ Commission Morgan County

Morgan County Purchase tennis court lighting system for Morgan County $

Board of

Board of Education

Education

25,000 9,000
21,000 15,000
25,000
10,000 10,000
5,000 5,000 9,000 9,000 10,000

THURSDAY, MARCH 6, 2003

1215

Muscogee

Construction of rope bridge site for Raider's Team, $

County Board of Freedom Fighter's Cultural Arts Program in Muscogee

Education

County

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

Muscogee

Funds for an after-school program for troubled students $

County Schools at Baker MiddleSchool in Muscogee County

Muscogee County School System

Beautification project at Carver High School in $ Muscogee County

Muscogee County School System

Beautification project at Marshall Middle School in $ Muscogee County

Newton County Enhancements to B.C.Crowell Park and ballfield in the $ City of Porterdale

Newton County Construction of tennis courts for Eastside High School in $

Board of

Covington

Education

Newton County Enhance, purchase and install playground equipment for $ West Newton Elementary School in Newton County

Newton County Purchase band equipment for Cousins Middle School in $

Board of

City of Covington

Education

Newton County Fund construction of two softball fields at Old Cousins $

Board of

Middle School in Newton County

commission

Oconee County Funds for the Fine Arts Department of Oconee High $

Board of

School

Education

15,000 10,000 10,000 10,000 10,000
5,000 20,000
7,500 10,000
8,000 5,000

1216

JOURNAL OF THE HOUSE

Oglethorpe County Board of Education

Planning and startup funding for Agricultural Center in $ Oglethorpe County

10,000

Paulding County Funding for museum equipment in Paulding County $ 3,000

Paulding County Funds for outside lighting and school signs for Paulding $ 15,000 County Board of Education

Paulding County Purchase recreational equipment for community centers $ 16,000 in Paulding County

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

Peach County Assist in reroofing Kay Center for Mentally Retarded in $ 30,000 Peach County

Pelham City Board of Education

Improvements to the agriculture livestock facilities in $ 15,000 Pelham City public schools

Perry Downtown Land acquisition and improvements for the Perry $ 100,000 Development Downtown Development Authority Authority

Pierce County Purchase equipment for Pierce County

$ 2,000

Pierce County Improvements to Lakeview Community Center in Pierce $ 30,000 County

Pierce County Provide funding for the Pierce County Resource Center $

Board of

for the Pierce County Board of Commissioners

Commissioners

90,000

THURSDAY, MARCH 6, 2003

1217

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 $ 25,000 Polk County

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 $ 120,000 County

Putnam County New band equipment for the Putnam County High $

Board of

School

Education

8,000

Putnam County Renovation of old jail for office space in Putnam County $ Commission

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 $ 10,000 an enhanced 911 system in Quitman County

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 $ 15,000 at Rabun County High School

Randolph County Purchase precision air rifles for JROTC program at $

Board of

Randolph/Clay High School in Randolph County

Education

5,000

1218

JOURNAL OF THE HOUSE

Randolph County New student information system to replace OSIRS in the $

Board of

Randolph County School System

Education

Randolph County Fund Star program in Randolph County

$

Board of

Education

Randolph County Purchase of four intoxilyzers for the Randolph County $ Sheriff's Department

Randolph County Complete final phase of voter/fire protection building for $ the rural area of Randolph County

Randolph County Fund a rural transportation system for Randolph County $

Richmond

Summer children's programs at Belle-Terrace

$

County Board of Community Center and May Park Community Center in

Education

Augusta/Richmond County

Richmond

Purchase equipment and furnishings for use in the

$

County Board of Technical Education Program at Glenn Hills High

Education

School in Richmond County

Richmond

Landscaping projects and playground equipment at

$

County Board of Terrace Manor Elementary School in Richmond County

Education

Richmond County

Equipment for Richmond County Marshal's Office

$

Richmond

Operational expenses for the Augusta Ballet

$

County

Commission

Richmond County Commission

Operational funding for Delta House, Lucy Craft Laney $ Museum in Richmond County

Richmond County Commission

Operational funds for National Legacy Foundation in $ Richmond County

30,000 12,500
2,000 18,000 14,000
5,000 10,000
5,000 15,000 25,000 25,000 25,000

THURSDAY, MARCH 6, 2003

1219

Richmond County

Provide funding for the Southeast Burn Foundation in $ Richmond County

Richmond County

Funding for the Golden Harvest Food Bank in Richmond $ County

Richmond

Operational expenses for Delta Leadership Training $

County

Program in Richmond County

Commission

Richmond County

Upgrade equipment at Richmond Academy in Richmond $ County

Richmond County

Provide lighting and purchase equipment at Master City $ Little League in Richmond County

Richmond County Commission

Operational expenses for Southside Tutorial Program in $ Richmond County

Richmond County

Funds for lighting and equipment at West Augusta Little $ League in Richmond County

Richmond County

Purchase equipment/uniforms for the Augusta Boxing $ Club in Richmond County

Richmond County Commission

Construct a state of the art playground for disabled

$

children for The Rachel Longstreet Foundation in the

City of Augusta

Richmond County Commission

Support operation resources at Lucy Laney High School $ in Richmond County

Satilla Regional Contract for services with the Satilla Advocacy Services $ Medical Center for the Satilla Regional Medical Center in Waycross

Schley County Assist in air-conditioning Schley County Elementary $ School

Screven County Playground equipment for rural communities of Screven $ County

30,000 10,000 30,000
25,000 15,000 20,000
15,000 15,000 25,000
15,000
10,000 25,000 10,000

1220

JOURNAL OF THE HOUSE

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

Screven County Maintenance and operational cost of the Cooperville $ 3,000 Community House in Screven County

Screven County Upgrade county fire department equipment in Screven $ 15,000 County

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 $ 31,600 Ind., Inc, in Stephens County

Stephens County Purchase office furniture for newly renovated Toccoa $ Armory In Stephens County

5,600

THURSDAY, MARCH 6, 2003

1221

Stephens County Create two multi media computer centers for Liberty $ Elementary School n Stephens County

Stephens County Operating funds for the Stephens County Library

$

Commission

Stephens County Purchase a 15 passenger van for the Stephens County 4- $ H program

Stephens County Purchase of a fire boat and building equipment in

$

Stephens County

Stewart County Purchase patrol car for Stewart County

$

Talbot County Board of Education

Repair gym floor at Central Elementary/High School in $ Talbot County

Taliaferro

Purchase patrol car for Taliaferro County Sheriff's

$

Board of

Department

Commissioners

Tattnall Board of Repair and fund improvements to Reidsville Middle $

Education

School baseball field in the City of Reidsville

Tattnall County Contract for services with the East Collins Community $ Center for after-school program enhancements in Tattnall County

Tattnall County Purchase equipment for the Tattnall County EMA

$

Tattnall County Emergency medical equipment to enhance 911 system $ for Tattnall County

Tattnall County Provide funds for architectural support and planning of $ Technology Center in Tattnall County

Tattnall County Match local and state/federal funds to market a farmer $ Commissioners initiated program to sell local produce in Tattnall County

Taylor County Provide funding for Taylor County GIS Mapping System $ and 911 feasibility study

16,422 20,000 38,000 25,000 6,000 10,000
13,000
5,000 10,000
10,000 10,000 10,000
5,000 50,000

1222

JOURNAL OF THE HOUSE

Telfair County Recreation funding for Telfair County

$

Telfair County Board of Education

Athletic facility improvements for Telfair County High $ School

Telfair County Resurface Telfair County High School tennis courts $ High

Terrell County Restore the historic Terrell County Courthouse's 1892 $ Tower Clock and Tower Room

Terrell County Deceleration lane construction and related infrastructure $ at conservation resource center in Terrell County

Thomas County Contract for services with Marquerite Neel Williams $ Boys and Girls Club in Thomas County

Thomas County Resurface driveway and parking area at

$

Magnolia/Chappelle School in Thomas County

Tift County

Purchase computers and pagers for Tift County

$

Volunteer Fire Department

Tift County

Purchase furniture for Tift County Public Library

$

Commissioners

Town of Dexter Purchase equipment for Town of Dexter Volunteer Fire $ Department

Town of Funston Replace water line on North Manning Street in the City $ of Funston

Town of Funston Assist in replacing water line and fireplugs in Town of $ Funston

Town of Ivey Construct a Voluntary Fire Department and precinct $ polling place in Town of Ivey in Wilkinson County

Town of Rebecca Purchase Christmas lighting for the City of Rebecca $

Town of Rentz Laurens County Ambulance Service satellite station in $ the Town of Rentz

25,000 10,000
7,000 45,000 85,000 15,000
5,000 10,000 50,000
5,000 7,500 10,000 25,000 3,000 6,236

THURSDAY, MARCH 6, 2003

1223

Town of Sumner Improvements to Town of Sumner auditorium for civic $ and educational purposes

Town of Shady Building improvements for Town of Shady Dale City $

Dale

Hall

Towns County Equipment for volunteer fire department in Towns

$

County

Towns County Board of Education

Extend Energy Management System for new elementary $ school, new auditorium and middle school gym in Towns County

Treutlen County $2,000 per three Volunteer Fire Departments in Treutlen $ County

Treutlen County Purchase of a patching machine to repair county

$

maintained roads in Treutlen County

Treutlen County Purchase vehicle for Treutlen County Senior Center $

Treutlen County Purchase patching machine for road repairs in Treutlen $ County

Treutlen County Renovation of the Board of Commissioners office

$

building in Treutlen County

Treutlen County Expansion of fire stations to house additional fire engine $

Board of

in Treutlen County

Commissioners

Treutlen County Purchase athletic equipment for the Treutlen County $ Board of Education

Troup County Development of the Clark Access Recreational Park in $ Troup County

Troup County

Equipment crisis response vehicle with communication $ and disaster response equipment for the Troup County Sheriff's Department

10,000 20,000
5,000 20,000
6,000 10,000 5,000 20,000 10,000 20,000
10,000 50,000 25,000

1224

JOURNAL OF THE HOUSE

Troup County Board of Education

Create summer Driver's Ed Program for Troup County $ students

Turner County Repairs, design and renovation of official state symbol $ (peanut monument) in Turner County

Twiggs County Landscaping beautification at Twiggs County Historical $ Courthouse

Twiggs County Upgrade records filing system for the Clerk of Superior $ Court Office in Twiggs County

Union City

Funding for the Keep South Fulton Beautiful program in $ Union City

Union City

Provide for environmental protection through education $ and facilities in Union City

Union County Design and construct a gymnasium/community center in $ Union County

Union County Funds for a new jail in Union County

$

Union County Contract for services with S.A.F.E., Inc.(Support in

$

Abusive Family Emergencies program) in Union County

Union County Equipment for volunteer fire department in Union

$

County

Upson County Purchase emergency response truck for Upson County $ Emergency Management Agency

Upson County Purchase bullet proof vests for every law enforcement $ officer in Upson County

Walker County Contract with Children's Advocacy Center to provide $ Lookout Mountain Superior Courts child abuse investigation forensic service

Walker County Renovations to the drivers license facility in Rock Spring $

25,000
5,000 15,000
5,000 40,000 10,000 50,000 30,000 10,000
5,000 10,000 25,000 15,000
15,000

THURSDAY, MARCH 6, 2003

1225

Walker County Renovations to the Walker County Courthouse in

$

LaFayette

Walker County Renovation of softball field for Rock Spring Athletic $ Association in Walker County

Walker County Purchase land and build memorial park for the families $ of the Noble tragedy in Walker County

Walker County Purchase computer technology equipment and JROTC $

Board of

equipment for LaFayette High School in Walker County

Education

Walton County Contract for services with Bridge Services, Inc. for

$

services to at-risk youth in Walton County

Walton County Purchase and install playground equipment at Matthews $ Park in north Monroe

Walton County Furniture purchase for Loganville Senior Center

$

Board of

Commissioners

Walton County Renovation and drainage project on playground at

$

Board of

Loganville Elementary School in Walton County

Education

Ware County Furnish and renovate the Magnolia House Shelter for $ Abused Women and Children in Ware County

Ware County

Acquire a building for the Thomas O. Zorn #70 Chapter $ of the Disabled American Veterans in Waycross

Ware County

Improvements and additions to the Okefenokee Heritage $ Center in Ware County

Ware County

Purchase equipment for the Dixie Union Volunteer Fire $ and Rescue division of the Ware County Fire Department

Ware County Ware County Senior High Band trip to Thanksgiving $

Board of

Day in Philadelphia

Education

15,000 15,000 45,000
5,000
15,000 5,000 5,000
5,000
5,000 15,000
5,000 5,000
5,000

1226

JOURNAL OF THE HOUSE

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

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 $ 5,000 Wheeler County

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

White County Refurbish athletic fields in White County

$ 22,000

White County Structural repairs to community gym in White County $ 35,000

THURSDAY, MARCH 6, 2003

1227

Whitfield County Provide funding for road and bridge enhancements in $ Government Whitfield County

Wilcox County Purchase tanker truck for Cedar Creek Fire Department $ in Wilcox County

Wilkes County Replace roof on Georgia State Patrol Post in Wilkes $ County

Wilkes County Landscaping at Georgia State Patrol Post in Wilkes

$

County

Wilkes County Danburg Volunteer Fire Department building and

$

equipment in Wilkes County

Wilkinson

Capital expenditures for the Wilkinson

$

County

County/Gordon/Recreational Complex

Worth County Improvements and repairs to Gordy and Redrock fire $ station/voting precinct in Worth County

10,000 5,000
10,000 3,000
10,000 25,000 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.

1228

JOURNAL OF THE HOUSE

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 $2,334.03. 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.
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

THURSDAY, MARCH 6, 2003

1229

equal to the minimum hourly wage for clients who are enrolled in subsidized work experience and subsidized employment.
Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval.
Provided, that of the above appropriations relative to the treatment of Hemophilia and it's complications, these funds may be used to provide treatment and care to the bleeding disorders community or to purchase insurance to provide this treatment and care, whichever is less.
Section 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

1230

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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" 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

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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.
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

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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 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.

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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.
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 2002 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

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to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.

(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.

(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.

(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.

Section 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.

Provisions Relative to Section 39, State of Georgia General Obligation Debt Sinking Fund.

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Principal Amount

A.) Maturities not to exceed two hundred forty

months.

Board of Regents, University of Georgia projects: $

Construction and equipment for the Coverdell

Building at the University of Georgia - $8,600,000

Major repairs and renovations systemwide

$25,000,000

Various projects for the Georgia Research Alliance

$17,500,000

Department of Technical and Adult Education

$

projects:

Construction of the Visual Communications building

atNorth Georgia Tech - $14,750,000

Predesign, design and construction of a specialized

training center in Savannah - $12,700,000

Allied Health building at Southwest Georgia

Technical College - $860,000

Department of Natural Resources projects:

$

Predesign, design, construction and equipment for

new building atthe Coastal Regional Headquarters

in Brunswick - $2,525,000

Second year funding for restoration of the Hardman

Farm in White County - $ -0-

Acquire inholdings and edgeholdings at existing parks

and historic sites - $1,000,000

Construct a bridge on the south end of Sapelo

Island - $ 200,000

Repairs and renovations to North Georgia

lodges - $ 500,000

Design of deepening the Brunswick Harbor for the $

Georgia Ports Authority - $1,500,000

Complete final phase of historic district revitalization $

plan at the Jekyll Island Authority

Modify sleeping rooms for safety and suicide

$

prevention for the Department of Juvenile Justice

Repairs to the State Capitol Building

$

Board of Regents, University of Georgia projects: $

51,100,000 $
28,310,000 $
4,225,000 $
1,500,000 $ 3,000,000 $ 2,700,000 $ 2,000,000 $ 18,400,000 $

Debt Service 4,445,700
2,462,970
367,575
130,500 261,000 234,900 174,000 1,600,800

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Minor capital outlay projects at Armstrong Atlantic

($5,000,000), Georgia State University

($3,500,000), Southern Polytechnic ($5,000,000)

and the Medical College of Georgia ($4,900,000)

Redevelop the Biocontainment Research Center at the $ 15,000,000 $

University of Georgia

Total Twenty Year Projects (New)

$ 126,235,000 $

B.) Maturities not to exceed sixty months.

Board of Regents, University of Georgia projects: $ 4,900,000 $

Renovations of the old Governor's Mansion at Georgia

College and State University - $4,000,000

Specialized research equipment for approved projects

for the Traditional Industries program - $900,000

Digital conversion of towers and transmitters at the $ 32,120,000 $

Georgia Public Telecommunications Commission

Purchase equipment for the following Department of $ 22,105,000 $

Technical and Adult Education projects:

Business Technology building at Athens

Tech - $650,000

Technology building at Appalachian Tech - $735,000

Allied Health and Information Technology building at

Northwestern Tech - $640,000

Classroom building at Chattachoochee

Tech - $2,035,000

Classroom building at Southwest Georgia

Tech - $1,175,000

Toccoa/Stephens County North Georgia Tech -

$835,000

Campus expansion at Georgia Aviation Tech -

$965,000

Telecom building at East Central Tech - $1,000,000

Camden County Campus of Coastal Georgia

Tech - $1,670,000

Replace obsolete equipment - $10,000,000

Specialized training center in Savannah - $2,400,000

Facility assessment and capital plan for the Warm $ 100,000 $

Springs Institute

Predesign and design of the convention center at the $ 150,000 $

Jekyll Island Authority

Predesign of an allied health facility at East Central $ 100,000 $

Technical College

Total Five Year Projects (New)

$ 59,475,000 $

1,305,000 10,982,445 1,122,100 7,355,480 5,062,045
22,900 34,350 22,900 13,619,775

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1237

Section 66. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 2003

$16,097,247,526

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."

Section 2. This Act shall become effective upon its approval by the Governor or upon its
becoming law without his approval.

Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Buck of the 112th moved that the House disagree to the Senate substitute to HB 121.

Representative Westmoreland of the 86th moved that the House agree to the Senate substitute to HB 121.

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

N Amerson N Anderson N Ashe Y Bannister N Barnard N Barnes N Beasley-Teague
Benfield N Birdsong N Black N Boggs N Bordeaux N Borders Y Bridges Y Brock N Brooks N Broome Y Brown N Bruce

Y Day N Dean N Deloach E Dix N Dodson Y Dollar N Dooley N Douglas E Drenner N Dukes Y Ehrhart Y Elrod N Epps Y Fleming N Floyd, H N Floyd, J N Fludd N Forster N Franklin

E Hill, C.A N Hill, V Y Hines N Holmes N Houston N Howard N Howell N Hudson N Hugley N Jackson N James N Jamieson N Jenkins Y Jones N Jordan E Joyce Y Keen Y Knox N Lane

N Mobley N Moraitakis N Morris N Mosby N Mosley Y Murphy, J N Murphy, Q N Noel N Oliver, B N Oliver, M N O'Neal N Orrock N Parham N Parrish Y Parsons N Porter N Powell N Purcell N Ralston

N Sims N Sinkfield N Skipper Y Smith, B N Smith, L N Smith, P N Smith, T N Smith, V N Smyre N Snow N Stanley-Turner N Stephens, E N Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas, A

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N Buck N Buckner, D
Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers N Channell N Childers Y Coan Y Coleman, B Y Cooper N Crawford N Cummings

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N Gardner N Golick Y Graves, D Y Graves, T N Greene N Greene-Johnson N Hanner Y Harbin Y Harper N Harrell N Heard, J N Heard, K Y Heath
Heckstall Y Hembree E Henson Y Hill, C

Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning N Marin Y Martin N Massey Y Maxwell E McBee N McCall E McClinton N Millar Y Mills N Mitchell

N Randall E Ray E Reece, B N Reece, S Y Rice N Richardson Y Roberts, J N Roberts, L N Rogers, C Y Rogers, Ch. N Royal N Rynders N Sailor N Scott N Shaw Y Sheldon N Sholar

On the motion, the ayes were 47, nays 118. The motion was lost. The House has disagreed.

N Thomas, A.M N Thompson N Twiggs
Walker, L N Walker, R.L N Warren N Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E N Williams, R N Wix
Yates Coleman, Speaker

Representative Douglas of the 73rd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representatives Bannister of the 70th, Post 1 and Coleman of the 65th stated that they inadvertently voted "aye" on the preceding roll call. They 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 adopted by the requisite constitutional majority the following resolution of the Senate:
SR 233. By Senators Johnson of the 1st, Meyer von Bremen of the 12th and Price of the 56th:

THURSDAY, MARCH 6, 2003

1239

A RESOLUTION relative to adjournment; and for other purposes.
The Senate insists on its substitute to the following bill of the House:
HB 121. By Representatives Coleman of the 118th, Buck of the 112th, Skipper of the 116th, Westmoreland of the 86th, O`Neal of the 117th and others:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2002-2003 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2002-2003; 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 121. By Representatives Coleman of the 118th, Buck of the 112th, Skipper of the 116th, Westmoreland of the 86th, O`Neal of the 117th and others:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2002-2003 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2002-2003; and for other purposes.

Representative Buck of the 112th moved that the House insist on its position in disagreeing to the Senate substitute to HB 121 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Buck of the 112th, Parrish of the 102nd and Smyre of the 111th.
The following Resolution of the Senate was read:
SR 233. By Senators Johnson of the 1st, Meyer von Bremen of the 12th and Price of the 56th

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A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that unless otherwise provided by subsequent resolution of the General Assembly, periods of adjournment and reconvening for the remainder of this 2003 regular session of the General Assembly shall be as follows:
(1) The General Assembly shall adjourn at the conclusion of the legislative day on Thursday, March 6, the 26th legislative day of the session; (2) The General Assembly shall reconvene on Wednesday, March 19, the 27th legislative day of the session; (3) The General Assembly shall adjourn at the conclusion of the legislative day on Friday, March 21, the 29th legislative day of the session; (4) The General Assembly shall reconvene on Monday, March 24, the 30th legislative day of the session; (5) The General Assembly shall adjourn at the conclusion of the legislative day on Thursday, March 27, the 33rd day of the legislative session; (6) The General Assembly shall reconvene on Monday, March 31, the 34th day of the legislative session; (7) The General Assembly shall adjourn at the conclusion of the legislative day on Thursday, April 3, the 37th day of the legislative session; (8) The General Assembly shall reconvene on Monday, April 7, the 38th day of the legislative session; (9) The General Assembly shall adjourn at the conclusion of the legislative day on Tuesday, April 8, the 39th day of the legislative session; and (10) The General Assembly shall reconvene on Thursday, April 10, the 40th and final day of the legislative session.
BE IT FURTHER RESOLVED that the hour for closing and convening the Senate on each such day shall be as ordered by the Senate; and the hour for closing and convening the House on each such day shall be as ordered by the House.

The following substitute, offered by Representatives Skipper of the 116th and Westmoreland of the 86th, was read and adopted:

A RESOLUTION Relative to adjournment; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that unless

THURSDAY, MARCH 6, 2003

1241

otherwise provided by subsequent resolution of the General Assembly, periods of adjournment and reconvening for the remainder of this 2003 regular session of the General Assembly shall be as follows:
(1) The General Assembly shall adjourn at the conclusion of the legislative day on Thursday, March 6, the 26th legislative day of the session; (2) The General Assembly shall reconvene on Monday, March 24th, the 27th legislative day of the session; (3) The General Assembly shall adjourn at the conclusion of the legislative day on Thursday, March 27, the 30th legislative day of the session; (4) The General Assembly shall reconvene on Monday, March 31, the 31st legislative day of the session; (5) The General Assembly shall adjourn at the conclusion of the legislative day on Thursday, April 3, the 34th day of the legislative session; (6) The General Assembly shall reconvene on Monday, April 7, the 35th day of the legislative session; (7) The General Assembly shall adjourn at the conclusion of the legislative day on Thursday, April 10, the 38th day of the legislative session; (8) The General Assembly shall reconvene on Monday, April 14, the 39th day of the legislative session and again adjourn at the conclusion of that legislative day; and (9) The General Assembly shall reconvene on Wednesday, April 16, the 40th and final day of the legislative session.
BE IT FURTHER RESOLVED that the hour for closing and convening the Senate on each such day shall be as ordered by the Senate; and the hour for closing and convening the House on each such day shall be as ordered by the House.

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome

Y Day Y Dean Y Deloach E Dix Y Dodson Y Dollar Y Dooley Y Douglas E Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd

E Hill, C.A Hill, V
Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan E Joyce Y Keen

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell

Y Sims Y Sinkfield Y Skipper Y Smith, B
Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet

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Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell
Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree E Henson Y Hill, C

Y Knox Y Lane Y Lewis
Lord Lucas Y Lunsford Y Maddox Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell E McBee Y McCall E McClinton Y Millar Y Mills Y Mitchell

Y Purcell Y Ralston Y Randall E Ray E Reece, B
Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

N Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L N Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Coleman, Speaker

On the adoption of the Resolution, by substitute, the ayes were 158, nays 2. The Resolution was adopted.

Representative Mangham of the 62nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker announced the House in recess until 2:15 o'clock this afternoon.

THURSDAY, MARCH 6, 2003 AFTERNOON SESSION

1243

The Speaker called the House to order.

The following Resolutions of the House were read and adopted:

HR 379. By Representatives Wix of the 33rd, Post 1, Royal of the 140th, Jenkins of the 93rd, Coleman of the 118th, Dean of the 49th and others:
A RESOLUTION expressing sympathy at the passing of Coach John "Whack" Hyder; and for other purposes.

HR 380. By Representative Birdsong of the 104th: A RESOLUTION commending John Williams; and for other purposes.

HR 381. By Representative Lewis of the 12th: A RESOLUTION commending Phillip Thomas Lee; and for other purposes.

HR 382. By Representatives Mobley of the 58th and Williams of the 61st, Post 2:
A RESOLUTION honoring the life of Eric Brian Hall and expressing regret at his passing; and for other purposes.

HR 383. By Representative Jenkins of the 93rd:
A RESOLUTION commending Jeremy Page Jewell on becoming an Eagle Scout; and for other purposes.

HR 384. By Representatives Williams of the 4th, Brock of the 5th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1:
A RESOLUTION recognizing the Creative Arts Guild of Dalton; and for other purposes.

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HR 385. By Representatives Purcell of the 122nd and James of the 114th:
A RESOLUTION recognizing March 13, 2003, as "Disabilities Day at the Capitol" and recognizing the outstanding efforts and support that advocacy organizations around the state provide to individuals with disabilities, their families, and the greater community at large to enhance the quality of life for people with disabilities; and for other purposes.

HR 386. By Representatives Rogers of the 20th, Mills of the 67th, Post 2 and Amerson of the 9th:
A RESOLUTION commending Erwin Topper; and for other purposes.

HR 387. By Representatives Holmes of the 48th, Post 1, Bruce of the 45th, Heckstall of the 48th, Post 3, Ashe of the 42nd, Post 2, Wilkinson of the 41st and others:
A RESOLUTION commending MacKenzie Crane; and for other purposes.

HR 388. By Representative Graves of the 106th:
A RESOLUTION to honor the remarkable life of Maria "Ria" Morton; and for other purposes.

HR 389. By Representatives Fludd of the 48th, Post 4, Stephens of the 124th, Post 2, Buckner of the 82nd, Mosby of the 59th, Post 3, Barnes of the 84th, Post 2 and others:
A RESOLUTION commending E. W. Oliver Elementary School; and for other purposes.

HR 390. By Representatives Birdsong of the 104th, Jenkins of the 93rd and Parham of the 94th:
A RESOLUTION commending Pastor George Raft Scott, Sr.; and for other purposes.

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1245

HR 391. By Representatives Rogers of the 20th, Mills of the 67th, Post 2 and Amerson of the 9th:
A RESOLUTION honoring the life of Judge Allen Richard (Dick) Kenyon; and for other purposes.

HR 392. By Representatives Thomas of the 33rd, Post 2, Teilhet of the 34th, Post 2, Dooley of the 33rd, Post 3, Stoner of the 34th, Post 1, Wix of the 33rd, Post 1 and others:
A RESOLUTION commending Pastor Wilbur T. Purvis III; and for other purposes.

HR 393. By Representative Thomas of the 43rd, Post 1:
A RESOLUTION expressing regret at the passing of Pascual Walker; and for other purposes.

HR 394. By Representatives Black of the 144th, Ray of the 108th, Royal of the 140th, Sholar of the 141st, Post 1, Oliver of the 121st, Post 2 and others:
A RESOLUTION commending the Georgia peanut industry and recognizing March 12, 2003, as Peanut Butter and Jelly Day at the Capitol; and for other purposes.

HR 395. By Representative Coleman of the 118th:
A RESOLUTION recognizing and commending Coach Dick Kelly of Dodge County High School; and for other purposes.

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 708. By Representatives Oliver of the 56th, Post 2, Smyre of the 111th, Orrock of the 51st, Porter of the 119th, Greene of the 134th and others:
A BILL to amend Code Section 45-1-4 of the Official Code of Georgia

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Annotated, relating to complaints or information regarding fraud, waste, and abuse in state programs and operations, so as to change certain provisions regarding complaints or information regarding fraud, waste, or abuse in state programs and operations; and for other purposes.

Referred to the Committee on Judiciary.

HB 709. By Representatives Ashe of the 42nd, Post 2, Holmes of the 48th, Post 1, McClinton of the 59th, Post 1 and Smyre of the 111th:
A BILL to amend Code Section 48-8-6 of the Official Code of Georgia Annotated, relating to limitations and restrictions on certain local 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; and for other purposes.

Referred to the Committee on Ways & Means.

HB 719. By Representatives Jenkins of the 93rd, Porter of the 119th, Teper of the 42nd, Post 1, Hanner of the 133rd, Moraitakis of the 42nd, Post 4 and others:
A BILL to amend Code Section 40-2-76 of the Official Code of Georgia Annotated, relating to alternative fueled vehicle license plates, so as to add hybrid vehicles to the definition of alternative fueled vehicles; to amend Code Section 32-9-4 of the Official Code of Georgia Annotated, relating to designation of travel lanes and use of such lanes, so as to provide for the authorization of hybrid vehicles to use designated travel lanes; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 720. By Representatives Jenkins of the 93rd and Buckner of the 82nd:
A BILL to amend Code Section 16-5-23.1 of the Official Code of Georgia Annotated, relating to battery, so as to define "conviction" for purposes of punishment of family violence battery; and for other purposes.

THURSDAY, MARCH 6, 2003 Referred to the Committee on Special Judiciary.

1247

HB 721. By Representatives Jenkins of the 93rd, Crawford of the 91st, Snow of the 1st, Moraitakis of the 42nd, Post 4, Harbin of the 80th and others:
A BILL to amend Code Section 33-24-57.1 of the Official Code of Georgia Annotated, relating to health insurance identification cards, so as to prohibit insurers from using the insured's social security number for any purpose or in any manner on such card; and for other purposes.

Referred to the Committee on Insurance.

HB 722. By Representatives Jenkins of the 93rd, Orrock of the 51st, Bordeaux of the 125th, Ashe of the 42nd, Post 2, Willard of the 40th and others:
A BILL to amend Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to protective orders and consent agreements, issuance, expiration, and enforcement, so as to change the duration of temporary protective orders; and for other purposes.

Referred to the Committee on Judiciary.

HB 723. By Representative Amerson of the 9th:
A BILL to amend Code Section 21-2-50 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State with regard to elections and primaries, so as to require the Secretary of State to inform petition candidates of requirements and case law relating to disqualification of petition signatures or pages; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 725. By Representative Rogers of the 20th:
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

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for timely payment for goods and services purchased by local boards of education; to provide for complaints to the State Board of Education; to provide for withholding of state funds in certain circumstances; to amend Chapters 60 and 80 of Title 36 of the Official Code of Georgia Annotated, relating, respectively, to general provisions applicable to municipal corporations and counties and to general provisions applicable to municipal corporations, counties, and other governmental entities; to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government; and for other purposes.

3/6/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 725. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Rogers District 20

Referred to the Committee on State Planning & Community Affairs.

HB 726. By Representatives Powell of the 23rd, Westmoreland of the 86th and Harbin of the 80th:
A BILL to amend Code Section 43-15-2 of the Official Code of Georgia Annotated, relating to definitions pertaining to professional engineers and land surveyors, so as to revise the definition of the term "land surveying"; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 727. By Representatives Day of the 126th, Rogers of the 20th and Hanner of the 133rd:
A BILL to amend Chapter 9 of Title 52 of the Official Code of Georgia Annotated, relating to river and harbor development, so as to change certain

THURSDAY, MARCH 6, 2003

1249

provisions regarding disposal of sand and sediment; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

Representative Epps of the 90th District, Chairman of the Committee on Regulated Industries, submitted the following report:
Mr. Speaker:
Your Committee on Regulated Industries has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 493 Do Pass, by Substitute

Respectfully submitted, /s/ Epps of the 90th
Chairman

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

Mr. Speaker:
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 53. By Senators Cheeks of the 23rd, Starr of the 44th and Crotts of the 17th:
A BILL to be entitled an Act to amend Chapter 6A of Title 7 of the Official Code of Georgia Annotated, the "Georgia Fair Lending Act," so as to provide for exclusions to the definition of creditor; to exclude certain fees from the definition of points and fees; to provide for liability of creditors for violations of the Act; to provide for violations of the Act by brokers; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:

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SR 242. By Senators Price of the 56th and Meyer von Bremen of the 12th:
A RESOLUTION relative to adjournment; 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 121. By Representatives Coleman of the 118th, Buck of the 112th, Skipper of the 116th, Westmoreland of the 86th, O`Neal of the 117th and others:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2002-2003 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2002-2003; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Hill of the 4th, Price of the 56th, and Cheeks of the 23rd.

The following Resolution of the Senate was read:

SR 242. By Senators Price of the 56th and Meyer von Bremen of the 12th

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that unless otherwise provided by subsequent resolution of the General Assembly, periods of adjournment and reconvening for the remainder of this 2003 regular session of the General Assembly shall be as follows:
(1) The General Assembly shall adjourn at the conclusion of the legislative day on Thursday, March 6, the 26th legislative day of the session; (2) The General Assembly shall reconvene on Monday, March 24, the 27th legislative day of the session; (3) The General Assembly shall adjourn at the conclusion of the legislative day on Friday, March 28, the 31st legislative day of the session; (4) The General Assembly shall reconvene on Monday, April 7, the 32nd legislative day of the session; (5) The General Assembly shall adjourn at the conclusion of the legislative day on Friday, April 11, the 36th day of the legislative session; (6) The General Assembly shall reconvene on Monday, April 14, the 37th day of the

THURSDAY, MARCH 6, 2003

1251

legislative session; (7) The General Assembly shall adjourn at the conclusion of the legislative day on Wednesday, April 16, the 39th day of the legislative session; and (8) The General Assembly shall reconvene on Friday, April 18, the 40th and final day of the legislative session.
BE IT FURTHER RESOLVED that the hour for closing and convening the Senate on each such day shall be as ordered by the Senate; and the hour for closing and convening the House on each such day shall be as ordered by the House.

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

Y Amerson E Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague E Benfield Y Birdsong Y Black
Boggs Y Bordeaux
Borders Y Bridges Y Brock Y Brooks Y Broome
Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter N Burmeister N Butler E Campbell
Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B
Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach E Dix Y Dodson Y Dollar Y Dooley Y Douglas E Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner
Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin
Harper Y Harrell Y Heard, J Y Heard, K
Heath Heckstall Y Hembree E Henson Y Hill, C

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard
Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan E Joyce Y Keen Y Knox Y Lane N Lewis
Lord Lucas Y Lunsford Maddox N Mangham Y Manning Y Marin N Martin Y Massey Maxwell E McBee Y McCall E McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby
Mosley Y Murphy, J Y Murphy, Q Y Noel
Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall E Ray E Reece, B Y Reece, S Y Rice N Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L N Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Coleman, Speaker

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On the adoption of the Resolution, the ayes were 140, nays 7. The Resolution was adopted.

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

HR 396. By Representatives Smith of the 87th, Westmoreland of the 86th, Harper of the 88th, Post 2 and Butler of the 88th, Post 1:
A RESOLUTION commending Jean Reynolds and inviting her to appear before the House of Representatives; and for other purposes.
Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, March 24, 2003.

MONDAY, MARCH 24, 2003 Representative Hall, Atlanta, Georgia
Monday, March 24, 2003

1253

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 Beasley-Teague Birdsong Black Boggs Bordeaux Bridges Brock Brooks Broome Brown Bruce Buck Buckner, D Buckner, G Bunn Burkhalter Burmeister Campbell Casas Chambers Channell Childers Coleman, B Cooper Crawford

Cummings Day Dean Deloach Dodson Dollar Dooley Douglas Drenner Ehrhart Elrod Epps Fleming Floyd, J Fludd Forster Franklin Gardner Golick Graves, D Graves, T Greene Harbin Harper Heard, J Heard, K Heath Hembree Hill, C

Hill, C.A Hill, V Hines Howard Howell Hudson Hugley Jackson James Jamieson Jones Jordan Keen Knox Lane Lewis Lord Lunsford Maddox Mangham Manning Marin Martin Massey Maxwell McBee McClinton Millar Mills

Mitchell Moraitakis Morris Mosby Mosley Murphy, J Murphy, Q Noel Oliver, B Oliver, M O'Neal Orrock Parrish Parsons Porter Ralston Randall Reece, B Reece, S Rice Richardson Roberts, J Rogers, C Rogers, Ch. Royal Rynders Shaw Sheldon Sholar

Sinkfield Skipper Smith, B Smith, P Smith, T Stanley-Turner Stephens, E Stephens, R Stephenson Stokes Stoner Teilhet Teper Thomas, A Thompson Twiggs Walker, L Walker, R.L Warren Watson White Wilkinson Willard Williams, A Williams, E Williams, R Wix Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Anderson of the 100th, Barnes of the 84th, Post 2, Benfield of the 56th, Post 1, Borders of the 142nd, Butler of the 88th, Post 1, Dix of the 70th, Post 2, Dukes of the 136th, Floyd of the 69th, Post 2, Greene-Johnson of the 60th, Post 3, Hanner of the 133rd, Harrell of the 54th, Heckstall of the 48th, Post 3, Henson of the 55th, Houston of the 139th, Joyce of the 2nd, McCall of the 78th, Powell of the 23rd, Purcell of the 122nd, Ray of the 108th, Roberts of the 135th, Sailor of the 61st, Post 1, Scott of the 138th, Sims of the 130th, Smith of the 87th, Smith of the 110th, Smyre of the

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111th, Thomas of the 43rd, Post 1, and Yates of the 85th, Post 1. They wish to be recorded as present.

Prayer was offered by Rabbi Philip N. Kranz, D. D., Senior Rabbi, Temple Sinai, Atlanta, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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

HB 706. By Representatives Bannister of the 70th, Post 1, Parsons of the 29th, Birdsong of the 104th and Smith of the 13th, Post 2:

MONDAY, MARCH 24, 2003

1255

A BILL to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to provide an alternative method of calculation of eligibility for HOPE scholarships with regard to achievement standards for certain students; to provide that grades earned during an initial period of enrollment shall not be considered in such calculation in certain circumstances; and for other purposes.

Referred to the Committee on Higher Education.

HB 707. By Representative McCall of the 78th:
A BILL to provide that future elections for the office of probate judge of Elbert County shall be nonpartisan elections; and for other purposes.

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

HB 710. By Representatives Mosley of the 129th, Post 1, Smith of the 129th, Post 2 and DeLoach of the 127th:
A BILL to amend an Act providing for the election of the Board of Education of Long County, so as to change the compensation of the members of such board; and for other purposes.

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

HB 711. By Representative Morris of the 120th:
A BILL to amend Code Section 16-5-60 of the Official Code of Georgia Annotated, relating to reckless conduct causing harm to or endangering the bodily safety of another, so as to prohibit assault with body fluids, saliva, or feces by a person who is infected with HIV or hepatitis against a peace officer or correctional officer; and for other purposes.

Referred to the Committee on Special Judiciary.

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HB 712. By Representative Mobley of the 58th:
A BILL to amend Chapters 3 and 4 of Title 20 of the Official Code of Georgia Annotated, relating respectively to postsecondary education and vocational, technical, and adult education, so as to provide that each publisher of a textbook shall provide an electronic format of such textbook as is available; and for other purposes.

Referred to the Committee on Higher Education.

HB 713. By Representatives Barnard of the 121st, Post 1 and Oliver of the 121st, Post 2:
A BILL to amend an Act providing for the composition of the Board of Education of Evans County and for the election of the members of said board, so as to provide for the nonpartisan election of the members of said board; and for other purposes.

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

HB 714. By Representatives Bruce of the 45th, Burkhalter of the 36th, Mosby of the 59th, Post 3, Campbell of the 39th and Heckstall of the 48th, Post 3:
A BILL to amend Chapter 74 of Title 36 of the Official Code of Georgia Annotated, the "Local Government Code Enforcement Boards Act," so as to define a certain term; to provide requirements for an order to comply issued by a local code enforcement board; to provide for the specificity of fines; to repeal certain provision relative to an administrative fine; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 715. By Representatives Jackson of the 124th, Post 1, Dukes of the 136th, Jenkins of the 93rd, Black of the 144th, Murphy of the 97th and others:
A BILL to amend Code Section 47-17-1, relating to definitions relative to the Peace Officers' Annuity and Benefit Fund, so as to provide for membership

MONDAY, MARCH 24, 2003

1257

in such fund by fraud investigators employed in the fraud and compliance unit of the State Board of Workers' Compensation; and for other purposes.

Referred to the Committee on Retirement.

HB 718. By Representatives Bruce of the 45th, Mitchell of the 61st, Post 3, Brooks of the 47th, Smyre of the 111th, Richardson of the 26th and others:
A BILL to amend Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions and other agencies, so as to create the Martin Luther King, Jr. State Holiday Commission; and for other purposes.

Referred to the Committee on Rules.

HB 724. By Representatives Sheldon of the 71st, Post 2, Floyd of the 132nd, Jones of the 38th, Porter of the 119th and Rice of the 64th:
A BILL to amend Code Section 12-6-24 of the Official Code of Georgia Annotated, relating to providing notice of timber harvesting operations, so as to change certain provisions relating to effect on local regulation of timber harvesting operations; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

HB 728. By Representative Lane of the 101st:
A BILL to amend an Act to create the Downtown Statesboro Development Authority, so as to change the boundaries of the territory embraced within the Downtown Statesboro Development Authority District; and for other purposes.

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

HB 729. By Representatives Noel of the 44th, DeLoach of the 127th, Barnard of the 121st, Post 1, Campbell of the 39th, Gardner of the 42nd, Post 3 and others:

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A BILL to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to provide for the election of clerks of superior court in nonpartisan elections; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 730. By Representatives Sheldon of the 71st, Post 2 and Walker of the 71st, Post 1:
A BILL to amend an Act creating a charter for the City of Dacula, so as to change certain provisions regarding a quorum and voting; to change certain provisions relating to emergencies; to change certain provisions regarding powers and duties of the mayor; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 731. By Representatives Franklin of the 17th, Thompson of the 69th, Post 1, Marin of the 66th, Coan of the 67th, Post 1, Bannister of the 70th, Post 1 and others:
A BILL to amend Code Section 34-8-194 of the Official Code of Georgia Annotated, relating to grounds for disqualification of unemployment benefits, so as to add an additional ground for disqualification of benefits; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 732. By Representative Millar of the 52nd:
A BILL to amend Code Section 50-3-1 of the Official Code of Georgia Annotated, relating to the state flag and certain monuments and memorials, so as to change the design and description of the state flag; and for other purposes.

MONDAY, MARCH 24, 2003

1259

3/13/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 732. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Millar District 52

Referred to the Committee on Rules.

HB 733. By Representative Sims of the 130th:
A BILL to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to disposition of unclaimed property, so as to change certain provisions relating to when unpaid wages are deemed abandoned; and for other purposes.

Referred to the Committee on Ways & Means.

HB 734. By Representative Douglas of the 73rd:
A BILL to provide a new charter for the Town of Newborn; and for other purposes.

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

HB 735. By Representatives Smith of the 13th, Post 2 and Maddox of the 59th, Post 2:
A BILL to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85 of the Official Code of Georgia Annotated, of additional funds which are otherwise available to the Department of Labor out of funds

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credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the Social Security Act, as amended, for the purpose of providing for the payment of expenses of administration of Chapter 8 of Title 34 of the Official Code of Georgia Annotated; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 736. By Representative Heard of the 75th:
A BILL to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide for periods of limitation with respect to assessment of ad valorem property taxes; and for other purposes.

Referred to the Committee on Ways & Means.

HB 737. By Representative Dean of the 49th:
A BILL to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to change provisions relating to purchases under executions and the right of redemption of property so sold; to provide that a notice of foreclosure of right of redemption must be served on the tax collector or tax commissioner; to provide that until such notice is so served the tax commissioner or tax collector shall continue to send tax bills to the person having the right of redemption; to provide for registration with the state revenue commissioner of persons engaged in the business of purchasing property at tax sales; and for other purposes.

Referred to the Committee on Ways & Means.

HB 738. By Representative Dean of the 49th:
A BILL to amend an Act re-creating a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such census, so as to change provisions relating to distribution of proceeds of

MONDAY, MARCH 24, 2003

1261

additional penalties for victim and witness assistance programs; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 739. By Representatives Cummings of the 19th, McBee of the 74th and Jenkins of the 93rd:
A BILL to amend Article 5 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and refund of dues under the Judges of the Probate Courts Retirement Fund, so as to provide that a member who is unmarried at the time of retirement may elect a retirement option of an actuarially reduced amount with payment made to a designated surviving beneficiary; to provide that a member who is married at the time of retirement may make such an election with the consent of his or her spouse; and for other purposes.

Referred to the Committee on Retirement.

HB 740. By Representative Franklin of the 17th:
A BILL to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to proceedings, incompetency, and dependency, so as to remove the provisions relating to juvenile traffic offenses; to provide that juveniles shall be subject to the traffic laws and enforcement thereof of the courts which have jurisdiction over traffic offenses; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to remove references to a juvenile being adjudicated delinquent for a traffic offense in juvenile court; and for other purposes.

Referred to the Committee on Judiciary.

HB 741. By Representative Sims of the 130th:
A BILL to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide for procedures in connection with requests to the Board of Corrections and the Department of Corrections

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for inmate transfers; to provide special limitations with respect to requests by members of the General Assembly and other public officials; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 742. By Representative Sims of the 130th:
A BILL to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to authorize, restrict, and regulate the operation of private prisons in this state; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 743. By Representatives Powell of the 23rd, Parham of the 94th, Reece of the 21st and Chambers of the 53rd:
A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide that motor vehicle records maintained by the commissioner may be available for use as provided in the federal Driver's Privacy Protection Act of 1994; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 744. By Representative Sims of the 130th:
A BILL to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to disposition of unclaimed property, so as to change certain provisions relating to when unpaid wages are deemed abandoned; to provide for voluntary reporting and delivery of certain unpaid wages; and for other purposes.

Referred to the Committee on Ways & Means.

HB 745. By Representative Maddox of the 59th, Post 2:

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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 voting power of certain members of the Board; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 746. By Representative Cummings of the 19th:
A BILL to amend Code Section 47-2-91 of the Official Code of Georgia Annotated, relating to credit in the Employees' Retirement System of Georgia for accumulations of forfeited annual and sick leave, so as to provide that such Code section includes such forfeited annual and sick leave forfeited during certain periods of prior service; and for other purposes.

Referred to the Committee on Retirement.

HB 747. By Representatives Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A BILL to amend Code Section 26-2-268 of the Official Code of Georgia Annotated, relating to information labels affixed to cases of eggs, so as to provide for the use of certain labeling information concerning expiration dates on eggs; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

HB 748. By Representatives Buck of the 112th, Smyre of the 111th, Buckner of the 109th, Royal of the 140th and Hugley of the 113th:
A BILL to amend Chapter 88 of Title 36 of the Official Code of Georgia Annotated, relating to enterprise zones, so as to change certain provisions regarding definitions; to provide for additional qualifying businesses and services; and for other purposes.

Referred to the Committee on Ways & Means.

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HR 397. By Representative Maddox of the 59th, Post 2:
A RESOLUTION creating the Joint MARTA Finance Study Committee; and for other purposes.

Referred to the Committee on Rules.

HR 398. By Representatives Harbin of the 80th and Fleming of the 79th:
A RESOLUTION to dedicate a portion of State Route 232 in Columbia County as the "Purple Heart Highway"; and for other purposes.

3/24/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 398. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Harbin District 80

Referred to the Committee on Transportation.

By unanimous consent, the rules were suspended in order that the following Resolution of the House could be introduced, read the first time and referred to the Committee:

HR 399. By Representatives Lucas of the 105th, Rogers of the 20th, Skipper of the 116th, Wix of the 33rd, Post 1, Burkhalter of the 36th and others:
A RESOLUTION urging the Federal Energy Regulatory Commission not to adopt its proposed rules for standard market design of electricity markets; urging Congress to take such steps as are necessary to assure that the Federal Energy Regulatory Commission not adopt its proposed rules for standard market design; and for other purposes.

MONDAY, MARCH 24, 2003 Referred to the Committee on Public Utilities & Telecommunications.

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

HB 685 HB 686 HB 687 HB 688 HB 689 HB 690 HB 691 HB 692 HB 693 HB 694 HB 695 HB 696 HB 697 HB 698 HB 699 HB 700 HB 701 HB 702 HB 703 HB 704

HB 705 HB 708 HB 709 HB 716 HB 717 HB 719 HB 720 HB 721 HB 722 HB 723 HB 725 HB 726 HB 727 HR 376 SB 20 SB 124 SB 153 SB 155 SB 167

Pursuant to Rule 52, Representative Gardner of the 42nd, Post 3 moved that the following Bill of the House be engrossed:

HB 700. By Representatives Gardner of the 42nd, Post 3, Oliver of the 56th, Post 2 and Moraitakis of the 42nd, Post 4:
A BILL to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to consent for surgical or medical treatment, so as to provide for persons appointed as representatives of mentally ill or mentally retarded persons to give consent for surgical or medical treatment; and for other purposes.
On the motion, the roll call was ordered and the vote was as follows:

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N Amerson Anderson
Y Ashe Bannister
Y Barnard Barnes Beasley-Teague
Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders N Bridges N Brock
Brooks Y Broome N Brown
Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B
Cooper Y Crawford Y Cummings

N Day Dean
Y Deloach N Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner
Dukes Ehrhart N Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Fludd N Forster N Franklin Y Gardner Y Golick N Graves, D N Graves, T Y Greene Greene-Johnson Y Hanner N Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath Heckstall N Hembree Henson N Hill, C

N Hill, C.A Hill, V
N Hines Holmes
Y Houston Y Howard Y Howell Y Hudson Y Hugley
Jackson James Y Jamieson Y Jenkins N Jones Jordan N Joyce N Keen N Knox Y Lane N Lewis Y Lord Lucas N Lunsford Maddox Mangham N Manning Y Marin N Martin N Massey N Maxwell Y McBee Y McCall Y McClinton N Millar N Mills Mitchell

Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M
O'Neal Y Orrock
Parham Y Parrish
Parsons Y Porter Y Powell Y Purcell
Ralston Randall Y Ray Y Reece, B N Reece, S N Rice Richardson N Roberts, J Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders Sailor N Scott Shaw N Sheldon Y Sholar

On the motion the ayes were 74, nays 59. The motion was lost.

Sims Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V Smyre Y Snow Stanley-Turner Stephens, E Stephens, R Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Thomas, A.M Y Thompson Y Twiggs Y Walker, L N Walker, R.L Y Warren Watson Westmoreland N White N Wilkinson N Willard Williams, A Williams, E Y Williams, R Y Wix N Yates Coleman, Speaker

Representative Gardner of the 42nd, Post 3 moved that the House reconsider its action in failing to engross HB 700.

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

N Amerson Anderson
Y Ashe Bannister
Y Barnard

N Day Dean
Y Deloach N Dix Y Dodson

N Hill, C.A Hill, V
N Hines Holmes
Y Houston

Mobley Y Moraitakis Y Morris
Mosby Y Mosley

Sims Sinkfield Y Skipper N Smith, B N Smith, L

MONDAY, MARCH 24, 2003

Barnes Beasley-Teague Benfield Y Birdsong Y Black Boggs Y Bordeaux Y Borders N Bridges N Brock Brooks Y Broome N Brown Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister Y Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B Cooper N Crawford Y Cummings

N Dollar Y Dooley N Douglas Y Drenner
Dukes N Ehrhart N Elrod
Epps N Fleming Y Floyd, H Y Floyd, J
Fludd N Forster N Franklin Y Gardner Y Golick N Graves, D N Graves, T Y Greene
Greene-Johnson Y Hanner Y Harbin N Harper Y Harrell N Heard, J
Heard, K N Heath
Heckstall N Hembree
Henson N Hill, C

Y Howard Y Howell Y Hudson
Hugley Jackson James Y Jamieson Y Jenkins N Jones Jordan N Joyce N Keen N Knox Y Lane N Lewis Y Lord Lucas N Lunsford Maddox Mangham N Manning Y Marin N Martin N Massey N Maxwell Y McBee Y McCall Y McClinton N Millar N Mills Mitchell

N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock
Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell N Ralston
Randall Y Ray Y Reece, B N Reece, S N Rice
Richardson N Roberts, J
Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor N Scott Y Shaw N Sheldon Y Sholar

On the motion, the ayes were 70, nays 64. The motion prevailed.

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Y Smith, P Y Smith, T N Smith, V
Smyre Y Snow
Stanley-Turner Stephens, E N Stephens, R Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Thomas, A.M Y Thompson Y Twiggs Y Walker, L N Walker, R.L Y Warren Watson Westmoreland N White N Wilkinson N Willard Williams, A Williams, E N Williams, R Y Wix N Yates Coleman, Speaker

Representative Gardner of the 42nd, Post 3 withdrew her motion to engross HB 700.

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

HB 725. By Representative Rogers of the 20th:
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 timely payment for goods and services purchased by local boards of

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education; to provide for complaints to the State Board of Education; to provide for withholding of state funds in certain circumstances; to amend Chapters 60 and 80 of Title 36 of the Official Code of Georgia Annotated, relating, respectively, to general provisions applicable to municipal corporations and counties and to general provisions applicable to municipal corporations, counties, and other governmental entities; to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government; and for other purposes.

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

Y Amerson Anderson
Y Ashe N Bannister Y Barnard
Barnes Beasley-Teague Y Benfield Y Birdsong Y Black Boggs Y Bordeaux Y Borders N Bridges N Brock Brooks Y Broome N Brown Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter N Burmeister N Butler N Campbell Casas N Chambers Y Channell Y Childers N Coan N Coleman, B Cooper N Crawford Y Cummings

Y Day Dean Deloach
N Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner
Dukes N Ehrhart
Elrod Epps N Fleming Y Floyd, H Floyd, J Fludd N Forster Franklin Y Gardner Y Golick Y Graves, D N Graves, T Greene Greene-Johnson Y Hanner Y Harbin N Harper Y Harrell N Heard, J Heard, K N Heath Heckstall N Hembree Henson N Hill, C

N Hill, C.A Hill, V
N Hines Holmes
Y Houston Y Howard Y Howell Y Hudson
Hugley Jackson James Y Jamieson Y Jenkins N Jones Jordan N Joyce N Keen N Knox Y Lane Y Lewis Lord Lucas Lunsford Maddox Mangham N Manning Y Marin N Martin N Massey N Maxwell Y McBee Y McCall Y McClinton Y Millar Mills Mitchell

Mobley Y Moraitakis Y Morris
Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock
Parham Y Parrish
Parsons Y Porter Y Powell
Purcell Ralston Randall Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J Roberts, L Y Rogers, C N Rogers, Ch. Y Royal Rynders Sailor N Scott Y Shaw N Sheldon Y Sholar

Sims Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V Smyre Y Snow Stanley-Turner Stephens, E Y Stephens, R Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Thomas, A.M Y Thompson Y Twiggs Y Walker, L N Walker, R.L Y Warren Y Watson Westmoreland White N Wilkinson N Willard Williams, A Williams, E Y Williams, R Y Wix N Yates Coleman, Speaker

On the motion the ayes were 74, nays 49.

MONDAY, MARCH 24, 2003 The motion was lost.

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Representative McBee of the 74th District, Chairman of the Committee on Higher Education, submitted the following report:
Mr. Speaker:
Your Committee on Higher Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 95 Do Pass, by Substitute

Respectfully submitted, /s/ McBee of the 74th
Chairman

Representative Bordeaux of the 125th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

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

HB 246 Do Pass, by Substitute HB 385 Do Pass, by Substitute HB 462 Do Pass, by Substitute

HB 502 Do Pass HB 599 Do Pass, by Substitute

Respectfully submitted, /s/ Bordeaux of the 125th
Chairman

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:

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

HR 240 Do Pass HR 244 Do Pass

HR 267 Do Pass HR 268 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Representative Jenkins of the 93rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 20 Do Pass

Respectfully submitted, /s/ Jenkins of the 93rd
Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning and Community Affairs has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 309 HB 423 HB 519 HB 561

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

HB 627 Do Pass, as Amended HB 666 Do Pass HR 266 Do Pass

MONDAY, MARCH 24, 2003
Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

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Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 512 Do Pass HB 674 Do Pass HB 682 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

Representative Sims of the 130th District, Vice-Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

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

HB 88 HB 290 HB 346 HB 379

Do Pass, by Substitute Do Pass Do Pass No Recommendation, by
Substitute

HB 422 HB 492 HB 504 HB 527

Do Pass Do Pass Do Pass, by Substitute Do Pass

Respectfully submitted, /s/ Sims of the 130th
Vice-Chairman

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

HOUSE RULES CALENDAR MONDAY, MARCH 24, 2003

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 27th Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 88 HR 104 HR 129 HR 131

Jim Gillis-Historic Savannah Parkway; designate Jack Connell Parkway; designate Shelton Isaiah DeLoach Memorial Bridge; designate Albert Shelton Swindell Memorial Highway; designate

DEBATE CALENDAR

HB 90 HB 215 HB 447 HB 544 HB 550 HB 551 HB 638

State bar applicants; submit fingerprints to FBI for check Insurance; credit and credit scoring; provisions Drivers' licenses for minors; amend provisions; driver training schools Income tax; certain monthly returns; increase threshold State purchasing; benefits based funding projects; certain contracts Student Finance Commission and Authority; amend provisions State benefits plans; include employees of critical access hospitals

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

Respectfully submitted, /s/ Smyre of the 111th
Chairman

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 512. By Representatives Keen of the 146th, Smith of the 129th, Post 2, Williams of the 128th and Mosley of the 129th, Post 1:

MONDAY, MARCH 24, 2003

1273

A BILL to amend an Act placing the Sheriff of Glynn County on an annual salary, so as to authorize the appointment of an undersheriff; to provide for the qualifications of the undersheriff; to provide that the undersherriff shall succeed to the office of sheriff upon vacancy in said office; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 674. By Representatives Forster of the 3rd, Post 1, Ralston of the 6th and White of the 3rd, Post 2:
A BILL to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County, so as to stagger the terms of the members of the board of commissioners of Fannin County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 682. By Representatives Amerson of the 9th and Ralston of the 6th:
A BILL to create a Board of Elections and Registration of Lumpkin County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

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

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 26. By Senators Williams of the 19th, Lee of the 29th, Jackson of the 50th and Tolleson of the 18th:
A BILL to be entitled an Act to amend Code Section 21-2-138 of the Official Code of Georgia Annotated, relating to nonpartisan elections, so as to provide that the office of sheriff shall be elected on a nonpartisan basis; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 97. By Senators Hamrick of the 30th, Seabaugh of the 28th, Hall of the 22nd and Clay of the 37th:
A BILL to be entitled an Act to amend Code Section 48-6-2 of the Official Code of Georgia Annotated, relating to the exemption of certain instruments, deeds, or writings from the real estate transfer tax, so as to provide additional exemptions from the real estate transfer tax; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 117. By Senators Hamrick of the 30th, Tanksley of the 32nd, Thompson of the 33rd, Lee of the 29th and Kemp of the 3rd:
A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 15, relating to sheriffs in general, so as to provide that it shall be unlawful for any sheriff in this state to engage either directly or indirectly in any private security business, any private investigation business, or any bail bond business; to prescribe punishment; to repeal conflicting laws; and for other purposes.
SB 127. By Senators Cagle of the 49th, Collins of the 6th and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to the allocation of funds for public roads, so as to change the provisions regarding the balancing of federal and state funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 24, 2003

1275

SB 162. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to enact the "Health Care Protection Act of 2003"; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide that violations of various health care licensing provisions shall be felonies; to provide for an increase in the penalties for violations of various health care licensing provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 190. By Senators Thomas of the 54th, Thomas of the 10th, Butler of the 55th, Bulloch of the 11th, Cheeks of the 23rd and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to repeal the provisions relating to serological testing for syphilis requirements for marriage licenses; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 208. By Senators Clay of the 37th, Collins of the 6th, Thompson of the 33rd, Tanksley of the 32nd and Lamutt of the 21st:
A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4792), so as to change the compensation of the deputy clerk of the superior court; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 120. By Senators Thomas of the 2nd, Price of the 56th, Hill of the 4th, Stephens of the 51st, Brown of the 26th and others:
A RESOLUTION authorizing the granting of nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress, in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Bibb, Cherokee, Clarke, Crisp, Floyd, Forsyth, Glynn, Habersham, Hall, Jasper, McDuffie, McIntosh, Morgan, and Screven Counties, Georgia, and Hamilton County, Tennessee; to repeal conflicting laws; and for other purposes.

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SR 121. By Senators Thomas of the 2nd, Cheeks of the 23rd, Kemp of the 3rd, Williams of the 19th, Lee of the 29th and others:
A RESOLUTION authorizing the conveyance of certain State owned real property located in Macon County, Georgia; authorizing the conveyance of certain State owned real property located in Muscogee County, Georgia; authorizing the conveyance of certain State owned real property located in Richmond County, Georgia; authorizing the conveyance of certain State owned real property located in Talbot County, Georgia; authorizing the conveyance of certain State owned real property located in Troup County, Georgia; authorizing the conveyance of certain State owned real property located in Decatur County, Georgia; to repeal conflicting laws; and for other purposes.

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

SB 26.

By Senators Williams of the 19th, Lee of the 29th, Jackson of the 50th and Tolleson of the 18th:
A BILL to be entitled an Act to amend Code Section 21-2-138 of the Official Code of Georgia Annotated, relating to nonpartisan elections, so as to provide that the office of sheriff shall be elected on a nonpartisan basis; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Governmental Affairs.

SB 97.

By Senators Hamrick of the 30th, Seabaugh of the 28th, Hall of the 22nd and Clay of the 37th:
A BILL to be entitled an Act to amend Code Section 48-6-2 of the Official Code of Georgia Annotated, relating to the exemption of certain instruments, deeds, or writings from the real estate transfer tax, so as to provide additional exemptions from the real estate transfer tax; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

MONDAY, MARCH 24, 2003

1277

SB 117. By Senators Hamrick of the 30th, Tanksley of the 32nd, Thompson of the 33rd, Lee of the 29th and Kemp of the 3rd:
A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 15, relating to sheriffs in general, so as to provide that it shall be unlawful for any sheriff in this state to engage either directly or indirectly in any private security business, any private investigation business, or any bail bond business; to prescribe punishment; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Judiciary.

SB 127. By Senators Cagle of the 49th, Collins of the 6th and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to the allocation of funds for public roads, so as to change the provisions regarding the balancing of federal and state funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Transportation.

SB 162. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to enact the "Health Care Protection Act of 2003"; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide that violations of various health care licensing provisions shall be felonies; to provide for an increase in the penalties for violations of various health care licensing provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Governmental Affairs.

SB 190. By Senators Thomas of the 54th, Thomas of the 10th, Butler of the 55th, Bulloch of the 11th, Cheeks of the 23rd and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 19 of the Official

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Code of Georgia Annotated, relating to marriage generally, so as to repeal the provisions relating to serological testing for syphilis requirements for marriage licenses; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health and Human Services.

SB 208. By Senators Clay of the 37th, Collins of the 6th, Thompson of the 33rd, Tanksley of the 32nd and Lamutt of the 21st:
A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4792), so as to change the compensation of the deputy clerk of the superior court; to repeal conflicting laws; and for other purposes.

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

SR 120. By Senators Thomas of the 2nd, Price of the 56th, Hill of the 4th, Stephens of the 51st, Brown of the 26th and others:
A RESOLUTION authorizing the granting of nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress, in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Bibb, Cherokee, Clarke, Crisp, Floyd, Forsyth, Glynn, Habersham, Hall, Jasper, McDuffie, McIntosh, Morgan, and Screven Counties, Georgia, and Hamilton County, Tennessee; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Institutions & Property.

SR 121. By Senators Thomas of the 2nd, Cheeks of the 23rd, Kemp of the 3rd, Williams of the 19th, Lee of the 29th and others:
A RESOLUTION authorizing the conveyance of certain State owned real

MONDAY, MARCH 24, 2003

1279

property located in Macon County, Georgia; authorizing the conveyance of certain State owned real property located in Muscogee County, Georgia; authorizing the conveyance of certain State owned real property located in Richmond County, Georgia; authorizing the conveyance of certain State owned real property located in Talbot County, Georgia; authorizing the conveyance of certain State owned real property located in Troup County, Georgia; authorizing the conveyance of certain State owned real property located in Decatur County, Georgia; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Institutions & Property.

Representative Birdsong of the 104th arose to a point of personal privilege and addressed the House.

Representative Rynders of the 137th arose to a point of personal privilege and addressed the House.

Representative Douglas of the 73rd arose to a point of personal privilege and addressed the House.

Representative Williams of the 128th arose to a point of personal privilege and addressed the House.

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

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Banks and Banking and referred to the Committee on Judiciary:

HB 686. By Representative Bordeaux of the 125th:
A BILL to amend Code Section 7-4-16 of the Official Code of Georgia Annotated, relating to when interest runs on commercial accounts and the maximum interest allowed, so as to change provisions related to the interest

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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 88.

By Representatives Day of the 126th, Stephens of the 123rd, Bordeaux of the 125th and Purcell of the 122nd:
A RESOLUTION designating the Jim Gillis-Historic Savannah Parkway; and for other purposes.

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

HR 104. By Representatives Howard of the 98th, Coleman of the 118th, Murphy of the 97th, Warren of the 99th, Childers of the 13th, Post 1 and others:
A RESOLUTION recognizing and commending Honorable Jack Connell and designating the Jack Connell Parkway; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
HR 129. By Representatives Mosley of the 129th, Post 1, Barnard of the 121st, Post 1, DeLoach of the 127th, Smith of the 129th, Post 2 and Oliver of the 121st, Post 2:
A RESOLUTION designating the Shelton Isaiah DeLoach Memorial Bridge; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
HR 131. By Representatives Mosley of the 129th, Post 1, Barnard of the 121st, Post 1, DeLoach of the 127th, Smith of the 129th, Post 2 and Oliver of the 121st,

MONDAY, MARCH 24, 2003

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Post 2:
A RESOLUTION designating SR 196 in Long County as Albert Shelton Swindell Memorial Highway; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister
Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter N Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers N Coan Y Coleman, B
Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley
Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps
Fleming Y Floyd, H Y Floyd, J
Fludd Forster Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Greene-Johnson Y Hanner Y Harbin Y Harper Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Henson Y Hill, C

Hill, C.A Y Hill, V Y Hines
Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins
Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal
Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren
Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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On the adoption of the Resolutions, the ayes were 156, nays 2. The Resolutions, having received the requisite constitutional majority, were adopted.

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

HR 400. By Representatives Rogers of the 20th, Amerson of the 9th, Reece of the 21st and Mills of the 67th, Post 2:
A RESOLUTION commending the Gainesville High School girls basketball team and inviting the team and its coaches to appear before the House of Representatives; and for other purposes.

HR 401. By Representative Birdsong of the 104th:
A RESOLUTION commending the approximately 13,000 men and women of the Georgia Army and Air National Guard and declaring National Guard Day in Georgia and inviting Major General David B. Poythress to appear before the House of Representatives; and for other purposes.

HR 402. By Representatives Rogers of the 20th, Reece of the 21st and Mills of the 67th, Post 2:
A RESOLUTION commending the East Hall High School boys basketball team and inviting the team and its coaches to appear before the House of Representatives; and for other purposes.

HR 403. By Representative Royal of the 140th:
A RESOLUTION inviting the coaches and players of the Mitchell Baker High School Eagles basketball team to appear before the House of Representatives; and for other purposes.

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

MONDAY, MARCH 24, 2003

1283

HR 244. By Representatives Greene-Johnson of the 60th, Post 3, Stephenson of the 60th, Post 1, Watson of the 60th, Post 2, Mobley of the 58th, Williams of the 61st, Post 2 and others:
A RESOLUTION commending and congratulating Ruth Johnson and inviting her to appear before the House of Representatives; and for other purposes.

HR 267. By Representatives Greene-Johnson of the 60th, Post 3, Watson of the 60th, Post 2, Williams of the 61st, Post 2, Maddox of the 59th, Post 2, Stephenson of the 60th, Post 1 and others:
A RESOLUTION commending and congratulating Elizabeth BenischekCrews; inviting her to appear before the House of Representatives; and for other purposes.

HR 268. By Representatives Greene-Johnson of the 60th, Post 3, Williams of the 61st, Post 2, Watson of the 60th, Post 2, Maddox of the 59th, Post 2, Stephenson of the 60th, Post 1 and others:
A RESOLUTION commending and congratulating Jacqueline LaRose Singleton; inviting her to appear before the House of Representatives; and for other purposes.

Representative Skipper of the 116th assumed the chair.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 121. By Representatives Coleman of the 118th, Buck of the 112th, Skipper of the 116th, Westmoreland of the 86th, O`Neal of the 117th and others:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2002-2003 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2002-2003; and for other purposes.

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The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 121

The Committee of Conference on HB 121 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 121 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Jack Hill Senator, 4th District

/s/ Thomas B. Buck Representative, 112th District

/s/ Don Cheeks Senator, 23rd District

/s/ Butch Parrish Representative, 102nd District

/s/ Thomas Price Senator, 56th District

/s/ Calvin Smyre Representative, 111th District

A BILL
To amend an Act providing appropriations for the State Fiscal Year 2002-2003 known as the "General Appropriations Act", approved May 13, 2002 (Ga. L. 2002, p. 673), so as to change certain appropriations for the State Fiscal Year 2002-2003; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 2002-2003, as amended,
known as the "General Appropriations Act" approved May 13, 2002 (Ga. L. 2002, p. 673), is further amended by striking everything following the enacting clause through Section 68, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 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,

MONDAY, MARCH 24, 2003

1285

including unappropriated surplus, reserves and a revenue estimate of $13,834,000,000 (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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 34,867,560

$ 18,904,805

$ 5,456,807

$ 2,614,434

$

115,500

$

3,500

$

0

$

0

$

774,500

$

183,700

$

7,500

$

673,000

$

97,803

$

72,500

$ 3,376,511

$

830,000

$

105,000

$ 1,652,000

$

0

$ 34,867,560

$ 34,867,560

Senate Functional Budgets

Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Total

Total Funds State Funds $ 6,216,958 $ 6,216,958 $ 1,100,337 $ 1,100,337 $ 1,408,849 $ 1,408,849 $ 8,726,144 $ 8,726,144

House Functional Budgets

House of Representatives and Research Office

Total Funds State Funds $ 13,503,699 $ 13,503,699

1286

JOURNAL OF THE HOUSE

Speaker of the House's Office Clerk of the House's Office Total

$

461,948 $

461,948

$ 1,629,110 $ 1,629,110

$ 15,594,757 $ 15,594,757

Joint Functional Budgets

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight Committee Total

Total Funds State Funds

$ 3,176,819 $ 3,176,819

$ 2,374,350 $ 2,374,350

$ 1,194,618 $ 1,194,618

$ 3,366,900 $ 3,366,900

$

433,972 $

433,972

$ 10,546,659 $ 10,546,659

Functional Budget

Austerity Adjustments

Total Funds State Funds

$

0$

0

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

MONDAY, MARCH 24, 2003

1287

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

$ 30,302,276

Personal Services

$ 24,867,476

Regular Operating Expenses

$

838,600

Travel

$

500,000

Motor Vehicle Purchases

$

0

Equipment

$

192,390

Real Estate Rentals

$ 1,113,575

Per Diem and Fees

$

203,000

Contracts

$

0

Computer Charges

$ 2,228,000

Telecommunications

$

359,235

Austerity Adjustments

$

0

Total Funds Budgeted

$ 30,302,276

State Funds Budgeted

$ 30,302,276

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 Austerity Adjustments

$ 136,885,691

$ 17,386,921

$ 117,495,274

$ 4,191,771

$ 1,939,121

$

48,500

$

800,000

$

628,375

$ (2,559,000)

1288

JOURNAL OF THE HOUSE

Total Funds Budgeted State Funds Budgeted

$ 139,930,962 $ 136,885,691

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

$ 8,527,690 $ 7,207,324

$ 11,367,428 $ 11,271,428

$ 48,130,653 $ 48,130,653

$ 45,556,799 $ 44,012,894

$ 1,424,336 $ 1,424,336

$ 1,234,973 $ 1,234,973

$ 13,737,702 $ 13,652,702

$

238,279 $

238,279

$ 7,682,177 $ 7,682,177

$ 1,700,368 $ 1,700,368

$

330,557 $

330,557

$ 139,930,962 $ 136,885,691

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

$ 40,648,727

$ 18,978,286

$ 4,839,418

$

288,341

$

20,418

$

150,042

$ 3,354,953

$ 1,166,069

$

486,786

$

736,181

$

345,435

$

0

$

0

$

0

$ 2,350,000

$ 1,532,156

$

0

$

0

$ 6,014,012

MONDAY, MARCH 24, 2003

1289

Public Safety Officers Indemnity Fund Health Planning Review Board Operations Payments to Aviation Hall of Fame Payments to Golf Hall of Fame Alternative Fuels Grant State Self Insurance Fund Payments to Georgia Technology Authority Removal of Hazardous Waste Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$

445,222

$

33,950

$

47,045

$

72,750

$

398,247

$

0

$ 22,026,003

$

98,000

$ (1,359,070)

$ 62,024,244

$ 40,648,727

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 Austerity Adjustments Total

Total Funds State Funds

$ 31,942,809 $ 28,971,658

$ 13,992,244 $ 1,239,714

$ 3,473,850 $ 3,444,480

$ 3,439,857 $

445,222

$ 1,502,397

1,467,986

$ 1,056,867 $ 1,044,170

$

653,647 $

653,647

$ 2,663,928 $

387,129

$ 4,657,715 $ 4,353,791

$ (1,359,070) $ (1,359,070)

$ 62,024,244 $ 40,648,727

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 Facilities Renovations and Repairs

$

0

$ 16,605,390

$ 6,148,810

$

14,800

$

200,000

$

250,000

$

382,000

$

15,071

$

281,700

$

811,689

$ 3,187,705

$ 5,508,583

$ 8,282,914

$

0

1290

JOURNAL OF THE HOUSE

Payments to Department of Public Safety Building Access Control
Total Funds Budgeted
State Funds Budgeted

$ 3,151,435 $ 1,670,244 $ 46,510,341

$

0

Departmental Functional Budgets

Executive Division Facilities Operations Property Resources Internal Operations Transportation External Operations Total

Total Funds State Funds

$ 2,662,652 $

0

$ 26,585,099 $

0

$ 7,673,263 $

0

$ 1,915,316 $

0

$ 3,235,630 $

0

$ 4,438,381 $

0

$ 46,510,341 $

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$

0

$ 56,046,961

$ 5,370,000

$

640,000

$

0

$

468,425

$ 25,712,369

$ 4,117,263

$

6,000

$ 18,307,086

$ 3,249,000

$

0

$ 85,323,000

$

501,019

$ 1,901,830

$

0

$ (474,763)

$ 201,168,190

$

0

Section 5. Department of Agriculture. State Funds Personal Services Regular Operating Expenses Travel

$ 40,039,095 $ 34,588,740 $ 4,344,894 $ 1,069,428

MONDAY, MARCH 24, 2003

1291

Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Market Bulletin Postage Payments to Athens and Tifton Veterinary
Laboratories Poultry Veterinary Diagnostic Laboratories in
Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe Veterinary Fees Indemnities Advertising Contract Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets Capital Outlay Contract - Federation of Southern Cooperatives Boll Weevil Eradication Program Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$

276,255

$

462,082

$

664,341

$ 1,208,440

$

398,176

$

33,500

$ 1,752,401

$ 1,138,240

$ 3,474,078

$ 2,918,351

$

142,000

$

10,000

$

425,000

$

653,000

$

0

$

40,000

$

0

$ (909,812)

$ 52,689,114

$ 40,039,095

Departmental Functional Budgets

Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Austerity Adjustments Total

Total Funds

$ 9,082,293 $

$ 15,789,496 $

$ 7,993,766 $

$ 8,096,851 $

$

0$

$ 11,833,730 $

$

802,790 $

$ (909,812) $

$ 52,689,114 $

State Funds 7,603,119 12,782,361 4,243,766 7,784,851 0 8,534,810 0 (909,812) 40,039,095

Section 6. Department of Banking and Finance. State Funds Personal Services Regular Operating Expenses

$ 10,781,724

$ 9,496,764

$

284,269

1292

JOURNAL OF THE HOUSE

Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Austerity Adjustments

Total Funds Budgeted State Funds Budgeted

Section 7. Department of Community Affairs. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Capital Felony Expense Contracts for Regional Planning and Development Local Assistance Grants Appalachian Regional Commission Assessment HUD-Community Development Block Pass thru
Grants Payment to Georgia Environmental Facilities
Authority Community Service Grants Home Program ARC-Revolving Loan Fund 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

$

331,853

$

16,500

$

2,347

$

196,978

$

542,079

$

124,341

$

10,435

$

0

$ (223,842)

$ 10,781,724

$ 10,781,724

$ 47,495,116

$ 23,106,385

$ 1,979,687

$

611,739

$

0

$

166,022

$ 1,488,569

$

980,976

$

714,692

$

573,436

$

536,967

$

0

$ 1,921,288

$ 16,416,510

$

152,750

$ 30,000,000

$

265,000

$ 5,000,000

$ 2,947,155

$

0

$

238,162

$ 3,056,375

$

800,414

$ 4,150,000

$

0

$

0

MONDAY, MARCH 24, 2003

1293

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$

705,094

$ 1,250,000

$ 50,000,000

$ 4,498,741

$ 1,000,000

$

495,000

$

200,000

$ (225,044)

$ 153,029,918

$ 47,495,116

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 One Georgia Austerity Adjustments Total

Total Funds State Funds

$ 17,266,869 $ 17,014,834

$ 4,428,782 $ 4,200,706

$ 38,678,501 $ 7,025,143

$ 9,010,683 $ 2,941,752

$ 7,855,448 $ 6,201,448

$ 2,368,029 $

629,176

$ 1,303,148 $

804,816

$ 66,743,084 $ 3,541,769

$ 5,360,516 $ 5,360,516

$

239,902 $

0

$ (225,044) $ (225,044)

$ 153,029,918 $ 47,495,116

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

$ 1,676,332,528

$ 18,116,681

$ 33,528,994

$ 8,676,868

$

388,883

$

0

$

75,136

$ 88,551,040

$ 1,743,338

$

965,696

$ 1,869,021

$ 412,905,707

$ 5,159,934,860

$ 1,097,500

1294

JOURNAL OF THE HOUSE

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 Austerity Adjustments
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted

$

16,757

$

183,244

$

809,076

$ 975,000,000

$

66,000

$

375,000

$

748,000

$ 4,012,890

$ 2,136,719

$

100,000

$ 3,772,911

$ 19,149,098

$ 8,191,183

$

415,075

$

440,013

$

105,725

$ (1,683,964)

$ 6,723,574,770

$ 18,116,681

$ 1,676,332,528

Departmental Functional Budgets

Commissioner's Office Community Affairs Medicaid Benefits, Penalties and Disallowances Medical Assistance Plans Managed Care and Quality Information Technology General Counsel Operations Financial Planning and Fiscal Policy Minority Health Women's Health Rural Health State Health Benefit Plan Public Employee Health Claims Georgia Board for Physician Workforce State Medical Education Board Composite Board of Medical Examiners Austerity Adjustments

Total Funds State Funds

$

865,526 $

548,628

$

358,312 $

179,006

$ 5,159,934,860 $ 1,609,241,220

$ 109,961,364 $ 10,450,671

$ 3,772,876 $ 1,884,465

$ 99,178,008 $ 16,147,980

$ 7,746,651 $ 3,709,066

$ 6,406,740 $ 2,408,629

$ 6,226,101 $ 2,713,337

$ 3,713,467 $ 2,377,833

$

688,861 $

470,803

$

486,964 $

469,727

$ 3,306,538 $ 2,911,007

$ 304,991,665 $

0

$ 975,000,000 $

0

$ 38,820,027 $ 38,820,027

$ 1,419,696 $ 1,419,696

$ 2,381,078 $ 2,381,078

$ (1,683,964) $ (1,683,964)

MONDAY, MARCH 24, 2003

1295

Total

$ 6,723,574,770 $ 1,694,449,209

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 Austerity Adjustments
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted

$ 60,873,226

$ 4,970,705

$

373,107

$

165,254

$

45,000

$

0

$

1,155

$

205,000

$

0

$

12,350

$

0

$ 8,005,806

$ 222,013,028

$

(49,478)

$ 230,771,222

$ 4,970,705

$ 60,873,226

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

$ 927,037,519

$ 578,987,665

$ 64,354,214

$ 2,030,445

$ 1,151,532

$ 3,628,659

$ 6,232,636

$ 7,504,319

$ 7,867,619

$

49,000

$ 81,934,534

$

0

$ 25,874,042

1296

JOURNAL OF THE HOUSE

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 Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Funding State Funds Budgeted

$ 1,300,000

$ 36,737,700

$ 8,621,740

$

0

$

893,624

$ 4,268,025

$ 1,627,150

$

577,160

$ 1,345,000

$ 127,465,757

$

449,944

$

753,000

$ (8,277,654)

$ 955,376,111

$

450,000

$ 927,037,519

Departmental Functional Budgets

Executive Operations Administration Human Resources Field Probation Facilities Programs Austerity Adjustments Total

Total Funds $ 31,246,133 $ $ 35,297,197 $ $ 8,812,294 $ $ 88,425,039 $ $ 653,349,228 $ $ 146,523,874 $ $ (8,277,654) $ $ 955,376,111 $

State Funds 30,796,133 35,297,197 8,812,294 84,182,792
638,167,092 138,059,665 (8,277,654) 927,037,519

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

$ 8,146,887

$ 18,022,071

$ 23,807,148

$

90,875

$

0

$

52,800

$

123,625

$

44,010

$ 1,009,973

$ 1,341,895

$

244,000

MONDAY, MARCH 24, 2003

1297

Capital Outlay Capital Leases Austerity Adjustments

Total Funds Budgeted State Funds Budgeted

$

337,000

$

9,930

$ (171,137)

$ 44,912,190

$ 8,146,887

Departmental Functional Budgets

Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Austerity Adjustments Total

Total Funds State Funds

$ 2,866,951 $ 2,480,168

$ 7,582,167 $

932,779

$ 34,634,209 $ 4,905,077

$ (171,137) $ (171,137)

$ 44,912,190 $ 8,146,887

Section 11. State Board of Education A. Budget Unit: State Funds - Department of
Education Tobacco Funds Operations: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Utilities Capital Outlay QBE Formula Grants: Kindergarten/Grades 1 - 3 Grades 4 - 8 Grades 9 - 12 Limited English-Speaking Students Program Alternative Programs Vocational Education Laboratories Special Education Gifted Remedial Education

$ 6,001,209,008

$ 30,000,000

$ 42,743,462

$ 5,826,351

$ 1,386,330

$

0

$

272,631

$ 1,148,443

$ 4,105,532

$ 46,481,143

$ 9,755,037

$

930,125

$

796,352

$ 30,569,700

$ 1,670,110,038 $ 1,518,329,279 $ 731,751,267 $ 59,173,375 $ 67,252,978 $ 184,842,312 $ 720,668,663 $ 160,116,639 $ 23,823,728

1298

JOURNAL OF THE HOUSE

Additional Instruction Staff Development and Professional Development Media Indirect Cost Pupil Transportation Local Five Mill Share Mid-Term Adjustment Reserve Teacher Salary Schedule Adjustment Other Categorical Grants: Equalization Formula Sparsity Grants Special Education Low - Incidence Grants Non-QBE Grants: Next Generation School Grants Youth Apprenticeship Grants High School Program Payment of Federal Funds to Board of Technical
and Adult Education Vocational Research and Curriculum Title I-A Improving Basic Programs - LEA's Title I-B Even Start Instructional Services for the Handicapped Retirement (H.B. 272 and H.B. 1321) Title VI-A State Assessment Programs Tuition for the Multi-Handicapped PSAT School Lunch (Federal) Joint Evening Programs Education of Homeless Children/Youth Pay for Performance Pre-School Handicapped Program Mentor Teachers Environmental Science Grants Advanced Placement Exams Serve America Program Title IV-A1, Safe and Drug Free Schools School Lunch (State) Charter Schools Refugee School Impact Title V, Innovative Programs State and Local Education Improvement Health Insurance - Non-Cert. Personnel and Retired
Teachers

$ 47,746,071

$ 29,837,332

$ 144,071,393

$ 888,891,079

$ 164,823,928

$ (1,101,591,195)

$ 121,118,343

$

0

$ 273,769,123

$ 6,352,443

$

826,722

$

860,000

$ 4,209,800

$ 56,305,453

$ 16,909,425

$

112,907

$ 309,883,868

$ 7,021,675

$ 191,495,397

$ 5,508,750

$

0

$ 1,813,433

$

733,805

$ 188,375,722

$

259,313

$ 1,546,542

$ 7,719,000

$ 22,207,231

$ 1,212,500

$

97,000

$ 2,808,000

$

150,000

$ 10,567,629

$ 37,934,355

$ 8,908,679

$

639,390

$ 9,389,202

$

0

$ 107,826,070

MONDAY, MARCH 24, 2003

1299

Innovative Programs Title II Math/Science Grant (Federal) Migrant Education (State) Regional Education Service Agencies Severely Emotionally Disturbed Georgia Learning Resources System Special Education at State Institutions Byrd Honor Scholarships Title 1-F, 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 Title I-C Migrant Education (Federal) Title I-D Neglected and Delinquent Title II-A Improving Teacher Quality Title II-D Enhancing Education Thru Technology Title III-A English Language Title IV-B 21st Century Communication Title VI-B Rural and Low-Income Temporary QBE Reduction Austerity Adjustments
Total Funds Budgeted Indirect DOAS Services Funding
Tobacco Funds Budgeted State Funds Budgeted

$

0

$

0

$

274,395

$ 11,903,088

$ 66,619,874

$ 4,986,505

$ 3,895,955

$ 1,188,000

$ 8,478,748

$

250,000

$ 2,398,337

$

0

$ 6,925,330

$

0

$ 30,000,000

$ 77,360,892

$ 13,836,059

$ 4,011,690

$ 20,959,228

$ 1,507,086

$

0

$

582,000

$ 4,015,000

$ 8,626,018

$ 2,000,255

$ 72,520,695

$ 17,764,034

$ 6,786,358

$ 8,691,764

$ 6,941,585

$ (134,594,245)

$ (18,378,955)

$ 7,079,973,466

$

0

$ 30,000,000

$ 6,001,209,008

Departmental Functional Budgets

State Administration Student Learning and Achievement Governor's Honors Program

Total Funds State Funds $ 14,901,433 $ 12,871,838 $ 28,956,475 $ 10,553,340 $ 1,448,768 $ 1,371,179

1300

JOURNAL OF THE HOUSE

Quality and School Support Federal Programs Technology Local Programs Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf Austerity Adjustments Total

$ 8,768,406 $ 3,294,939

$ 11,204,057 $

246,877

$ 18,431,436 $ 12,953,101

$ 6,995,589,091 $ 5,990,272,184

$ 6,203,855 $ 5,940,337

$ 5,990,908 $ 5,564,437

$ 6,857,992 $ 6,519,731

$ (18,378,955) $ (18,378,955)

$ 7,079,973,466 $ 6,031,209,008

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

$ 1,275,576

$ 245,057,987

$ 1,923,676

$ 5,659,478

$ 1,196,944

$

36,500

$

50,000

$

0

$

0

$

0

$

5,000

$

0

$

3,000

$

11,000

$

0

$

0

MONDAY, MARCH 24, 2003

Federal Programs Standards of Care Austerity Adjustments

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 Austerity Adjustments

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 Austerity Adjustments
Total Funds Budgeted

1301

$ 75,495,529

$

424,000

$

(26,868)

$ 329,836,246

$ 252,641,141

$ 1,275,576

$

617,000

$ 3,697,923

$

654,200

$

29,000

$

0

$

12,450

$ 1,269,708

$

345,740

$

82,002

$

973,600

$ 2,526,000

$

617,000

$

0

$ 10,207,623

$

617,000

$ 35,460,912

$ 31,626,657

$ 5,956,344

$

140,671

$ 1,042,852

$ 1,662,651

$

357,000

$

11,518

$

993,627

$

9,500

$

574,260

$

60,000

$

28,500

$

0

$

0

$ (746,546)

$ 41,717,034

1302

JOURNAL OF THE HOUSE

State Funds Budgeted

$ 35,460,912

Departmental Functional Budgets

Reforestation Field Services General Administration and Support Austerity Adjustments Total

Total Funds $ 2,045,695 $ $ 36,280,330 $ $ 4,137,555 $ $ (746,546) $ $ 41,717,034 $

State Funds 13,839
32,224,219 3,969,400 (746,546) 35,460,912

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 63,163,029

$ 53,441,683

$ 7,329,427

$

658,217

$

754,897

$

992,736

$ 2,578,794

$ 1,202,095

$ 1,409,626

$ 2,676,103

$ 2,596,885

$

378,908

$

0

$ 2,500,124

$ 35,250,509

$ (1,329,748)

$ 110,440,256

$ 63,163,029

Departmental Functional Budgets

Administration Investigative Georgia Crime Information Center Forensic Sciences Criminal Justice Coordinating Council Austerity Adjustments Total

Total Funds $ 6,206,154 $ $ 31,715,820 $ $ 12,427,096 $ $ 20,381,885 $ $ 41,039,049 $ $ (1,329,748) $ $ 110,440,256 $

State Funds 6,163,729 28,104,779 10,302,777 19,563,866 357,626
(1,329,748) 63,163,029

MONDAY, MARCH 24, 2003

1303

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 Registrations Troops to Teachers Flood - Contingency Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 50,071,579

$ 22,713,479

$ 1,592,886

$

389,115

$

3,300

$

99,485

$

593,210

$ 1,303,676

$

811,659

$ 2,126,691

$ 7,346,497

$ 4,825,193

$

40,000

$ 9,506,681

$

358,595

$ 3,860,577

$

274,194

$

174,256

$

0

$

0

$

0

$

0

$

362,217

$

816,714

$

0

$

57,000

$

0

$

111,930

$

0

$ (934,531)

$ 56,432,824

$ 50,071,579

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

Total Funds State Funds

$ 14,549,867 $ 14,549,867

$ 1,103,885 $

800,914

$ 10,858,482 $ 10,858,482

$ 5,187,583 $ 4,478,490

$ 4,778,041 $ 4,210,352

$

752,822 $

752,822

1304

JOURNAL OF THE HOUSE

Human Relations Commission Professional Standards Commission Georgia Emergency Management Agency Education Accountability Office of the Inspector General Office of Homeland Security Total

$

315,896 $

315,896

$ 8,876,282 $ 8,764,352

$ 6,981,650 $ 2,378,088

$ 2,348,174 $ 2,282,174

$

422,772 $

422,772

$

257,370 $

257,370

$ 56,432,824 $ 50,071,579

Section 16. Department of Human Resources. State Funds Tobacco Funds Brain and Spinal Trust Fund 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 Postage Payments to DCH-Medicaid Benefits Grants to County DFCS - Operations Brain and Spinal Trust Fund Benefits Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted
Brain and Spinal Trust Fund State Funds Budgeted

$ 1,396,402,253 $ 47,748,385 $ 1,000,000

$ 122,012,285

$ 5,756,380

$ 2,703,368

$

0

$

462,147

$ 10,584,263

$ 5,537,496

$ 39,876,746

$ 59,674,696

$ 16,862,994

$

125,000

$

0

$ 86,469,732

$

163,451

$ 2,095,936

$ 33,961,019

$ 1,555,000

$

850,000

$ (1,818,958)

$ 386,871,555

$ 1,754,937

$ 8,278,248

$ 1,000,000

$ 188,257,316

Departmental Functional Budgets

Commissioner's Office

Total Funds State Funds $ 1,242,371 $ 1,242,371

MONDAY, MARCH 24, 2003

1305

Office of Planning and Budget Services

$

Office of Adoptions

$

Children's Community Based Initiative

$

Human Resources and Organization Development $

Computer Services

$

Technology and Support

$

Facilities Management

$

Regulatory Services - Program Direction and Support $

Child Care Licensing

$

Health Care Facilities Regulation

$

Office of Investigation

$

Office of Financial Services

$

Office of Audits

$

Human Resource Management

$

Transportation Services

$

Office of Facilities and Support Services

$

Indirect Cost

$

Policy and Government Services

$

Aging Services

$

DDSA Council

$

Brain and Spinal Trust Fund Benefits

$

Office of Child Support Enforcement

$

Austerity Adjustments

$

Total

$

4,188,404 $ 9,825,478 $ 10,181,847 $ 1,341,620 $ 74,885,283 $ 18,104,815 $ 8,881,897 $
979,573 $ 3,772,407 $ 12,330,822 $ 6,687,482 $ 10,327,734 $ 2,772,959 $ 6,785,687 $ 20,189,387 $ 18,700,846 $
0$ 1,334,534 $ 94,125,737 $ 1,608,994 $ 1,000,000 $ 79,422,636 $ (1,818,958) $ 386,871,555 $

4,159,888 6,328,614 9,906,847 1,341,620 37,122,611 13,678,351 6,704,114
705,060 3,669,538 6,000,157 1,920,957 5,938,024 2,772,959 6,785,687 3,021,004 18,700,846 (16,207,310) 1,334,534 63,578,843
31,498 1,000,000 19,618,309 (1,818,958) 197,535,564

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 Postage Medical Benefits Austerity Adjustments
Total Funds Budgeted

$ 56,686,102

$ 77,499,585

$

936,467

$

0

$

195,367

$ 1,509,862

$ 1,093,312

$ 10,772,863

$

0

$ 1,137,699

$

292,000

$ 28,820,194

$ 159,968,182

$

196,235

$ 6,677,725

$ (1,407,096)

$ 344,378,497

1306

JOURNAL OF THE HOUSE

Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$

0

$ 25,873,781

$ 170,025,002

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 Public Health - Division Indirect Cost

Total Funds State Funds

$ 13,634,848 $ 13,477,280

$ 5,392,983 $ 2,415,625

$ 2,903,473 $ 2,578,298

$ 2,196,041 $

985,179

$ 7,609,805 $ 6,842,986

$ 5,385,227 $ 5,385,227

$ 3,289,533 $ 1,013,946

$ 11,820,479 $ 4,948,295

$ 85,325,463 $

0

$ 71,147,145 $ 70,160,594

$ 13,153,079 $ 6,323,767

$ 3,676,641 $ 2,233,293

$

593,232 $

477,088

$ 4,112,209 $ 3,702,969

$ 1,702,964 $

0

$ 5,909,784 $ 4,310,823

$ 2,272,913 $ 1,416,761

$

988,516 $

766,655

$ 2,811,535 $ 1,143,976

$ 1,639,391 $ 1,639,391

$

0$

0

$ 8,951,621 $ 8,951,621

$ 3,091,866 $ 2,813,800

$ 2,264,558 $ 1,983,776

$

856,370 $

856,370

$ 2,140,668 $ 1,609,193

$ 8,124,485 $ 7,854,485

$

294,270 $

294,270

$ 22,094,510 $ 15,232,793

$ 12,152,398 $ 4,079,320

$ 12,670,466 $ 2,975,905

$

78,467 $

60,970

$ 13,074,928 $ 10,482,402

$

355,988 $

243,983

$ 14,069,737 $ 14,069,737

$

0 $ (4,024,899)

MONDAY, MARCH 24, 2003

1307

Austerity Adjustments Total

$ (1,407,096) $ (1,407,096) $ 344,378,497 $ 195,898,783

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 DFCS - Operations Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$ 14,445,243

$ 3,414,939

$ 1,297,817

$

0

$

237,019

$

468,288

$ 6,981,954

$ 7,036,844

$

0

$

688,660

$ 7,630,688

$ 120,803,498

$ 7,209,127

$ 455,495,832

$ 31,312,611

$ 2,401,505

$ 385,303,844

$ (4,500,000)

$ 1,040,227,869

$

0

$ 3,341,218

$ 438,834,753

Departmental Functional Budgets

Director's Office Social Services Fiscal Management Quality Assurance Community Services Field Management Professional Development Economic Support Child Care and Parent Services Temporary Assistance for Needy Families SSI - Supplemental Benefits Refugee Programs

Total Funds State Funds

$ 1,079,930 $ 1,079,930

$ 6,685,445 $ 5,673,404

$ 4,638,254 $ 2,652,425

$ 3,844,812 $ 3,844,812

$ 14,224,301 $ 1,999,818

$ 2,885,891 $ 2,885,891

$ 4,321,266 $ 2,844,956

$ 3,070,149 $ 3,111,388

$

501,837 $

501,837

$ 111,634,948 $ 51,609,878

$

0$

0

$ 2,795,420 $

0

1308

JOURNAL OF THE HOUSE

Energy Benefits

$ 7,223,130 $

County DFACS Operations - Eligibility

$ 116,556,046 $

County DFACS Operations - Social Services

$ 144,642,681 $

Food Stamp Issuance

$ 3,190,752 $

County DFACS Operations - Homemakers Services $ 7,802,877 $

County DFACS Operations - Joint and

$ 90,535,623 $

Administration

County DFACS Operations - Employability Program $ 26,466,617 $

Employability Benefits

$ 43,105,900 $

Legal Services

$ 6,546,322 $

Family Foster Care

$ 68,959,689 $

Institutional Foster Care

$ 38,146,350 $

Specialized Foster Care

$ 21,641,542 $

Adoption Supplement

$ 44,855,747 $

Prevention of Foster Care

$ 15,744,598 $

Troubled Children

$ 61,262,815 $

Child Day Care

$ 180,700,622 $

Special Projects

$ 4,033,617 $

Children's Trust Fund

$ 7,630,688 $

Indirect Cost

$

0$

Austerity Adjustments

$ (4,500,000) $

Total

$ 1,040,227,869 $

0 51,600,228 62,483,698
0 0 43,736,121
10,571,448 10,743,985
2,670,531 38,927,560 17,569,660 16,401,408 25,591,338 2,069,048 33,149,436 56,316,937 3,993,617 7,630,688 (12,984,071) (4,500,000) 442,175,971

4. Community Mental Health/Mental Retardation and Institutions:
Personal Services Operating Expenses Motor Vehicle Equipment Purchases Utilities Major Maintenance and Construction Community Services Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$ 296,988,346

$ 58,537,736

$

200,000

$ 9,483,000

$ 1,991,161

$ 482,197,031

$ (3,100,000)

$ 846,297,274

$

0

$ 10,255,138

$ 599,285,182

Departmental Functional Budgets

Southwestern State Hospital Augusta Regional Hospital

Total Funds State Funds $ 31,291,842 $ 17,942,031 $ 22,195,904 $ 16,488,063

MONDAY, MARCH 24, 2003

1309

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 Austerity Adjustments Total
Budget Unit Object Classes:
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Operating Expenses Community Services Case Services Children's Trust Fund Cash Benefits Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Grant-In-Aid to Counties Major Maintenance and Construction Utilities Postage Payments to DCH-Medicaid Benefits Grants to County DFCS - Operations Medical Benefits Brain and Spinal Trust Fund Benefits

$ 32,863,035 $ 22,547,718 $ 40,929,551 $ 30,168,700 $ 113,908,424 $ 65,644,954 $ 21,697,919 $ 17,449,270 $ 48,373,523 $ 20,043,979 $ 23,951,755 $ 19,318,952 $ 4,264,736 $ 3,324,046 $ 218,620,198 $ 205,923,246 $ 164,851,713 $ 130,915,682 $ 101,419,757 $ 48,227,746 $ 15,203,513 $ 8,852,829 $ 9,825,404 $ 5,793,104 $ (3,100,000) $ (3,100,000) $ 846,297,274 $ 609,540,320

$ 490,131,976

$ 86,670,904

$ 4,937,652

$

200,000

$

894,533

$ 12,562,413

$ 13,612,762

$ 57,686,453

$ 59,674,696

$ 18,689,353

$ 58,537,736

$ 482,197,031

$

0

$ 7,630,688

$ 120,803,498

$ 7,626,127

$ 455,495,832

$ 146,602,537

$ 159,968,182

$ 2,154,612

$ 9,483,000

$ 4,693,676

$ 33,961,019

$ 386,858,844

$ 6,677,725

$

850,000

1310

JOURNAL OF THE HOUSE

Austerity Adjustments Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted
Brain and Spinal Trust Fund State Funds Budgeted

$ (10,826,054) $ 2,617,775,195
$ 1,754,937 $ 47,748,385 $ 1,000,000 $ 1,396,402,253

Section 17. Department of Industry, Trade and Tourism.
State Funds Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Local Welcome Center Contracts Marketing Georgia Ports Authority Lease Rentals Foreign Currency Reserve Waterway Development in Georgia Lanier Regional Watershed Commission Georgia World Congress Center One Georgia Fund Intergovernmental Contract Austerity Adjustments
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted

$ 29,001,758

$ 78,051,263

$ 12,930,506

$ 1,120,240

$

615,806

$

20,000

$

62,597

$

391,336

$

837,119

$

442,215

$

37,200

$ 1,339,286

$

253,100

$ 9,314,895

$

0

$

0

$

50,000

$

0

$

0

$ 78,051,263

$ 2,200,000

$ (612,542)

$ 107,053,021

$ 78,051,263 $ 29,001,758

Departmental Functional Budgets

Administration Economic Development Trade Tourism

Total Funds $ 89,836,903 $ $ 9,364,004 $ $ 2,850,492 $ $ 4,984,997 $

State Funds 11,785,640 9,364,004 2,850,492 4,984,997

MONDAY, MARCH 24, 2003

1311

Film Austerity Adjustments Total

$

629,167 $

$ (612,542) $

$ 107,053,021 $

629,167 (612,542) 29,001,758

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 16,505,828

$ 15,318,688

$

702,947

$

433,030

$

80,176

$

20,000

$

223,000

$

634,689

$

367,614

$

86,042

$

0

$

0

$ (323,858)

$ 17,542,328

$ 16,505,828

Departmental Functional Budgets

Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile Home Regulations Special Insurance Fraud Fund Austerity Adjustments Total

Total Funds State Funds

$ 5,473,473 $ 5,473,473

$ 6,098,248 $ 6,098,248

$

522,127 $

522,127

$ 4,951,099 $ 3,914,599

$

821,239 $

821,239

$ (323,858) $ (323,858)

$ 17,542,328 $ 16,505,828

Section 19. Department of Juvenile Justice. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications

$ 272,089,291

$ 172,569,791

$ 15,522,558

$ 2,079,741

$

349,143

$

786,688

$ 3,561,658

$ 3,172,907

$ 2,370,598

1312

JOURNAL OF THE HOUSE

Per Diem and Fees Contracts Utilities Institutional Repairs and Maintenance Grants to County-Owned Detention Centers Service Benefits for Children Purchase of Service Contracts Capital Outlay Juvenile Justice Reserve Children and Youth Grants Juvenile Justice Grants Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 3,878,290

$ 5,665,715

$ 3,315,142

$

400,000

$

0

$ 79,532,255

$

0

$

0

$

0

$

200,000

$ 1,687,100

$ (4,825,188)

$ 290,266,398

$ 272,089,291

Departmental Functional Budgets

Regional Youth Development Centers Youth Development Centers YDC Purchased Services Court Services Day Centers Group Homes Community Corrections Law Enforcement Office Assessment and Classification Multi-Service Centers Youth Services Administration Office of Training Children and Youth Coordinating Council Austerity Adjustments Total

Total Funds

$ 79,184,314 $

$ 76,711,212 $

$ 24,607,845 $

$ 34,645,510 $

$

579,624 $

$ 1,880,403 $

$ 45,880,657 $

$ 1,401,903 $

$ 1,007,132 $

$ 4,262,898 $

$ 18,880,421 $

$ 3,281,593 $

$ 2,768,074 $

$ (4,825,188) $

$ 290,266,398 $

State Funds 77,680,354 74,463,793 23,704,038 30,140,703 579,624 1,880,403 38,884,141 1,401,903 1,007,132 4,172,898 18,859,823 3,281,593 858,074 (4,825,188)
272,089,291

Section 20. Department of Labor. A. Budget Unit: State Funds - Department of
Labor Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment

$ 16,303,499

$ 90,267,502

$ 7,405,831

$ 1,481,527

$

34,858

$

566,309

MONDAY, MARCH 24, 2003

1313

Computer Charges Real Estate Rentals Telecommunications WIA Contracts Per Diem and Fees Contracts W.I.N. Grants Payments to State Treasury Capital Outlay Austerity Adjustments

Total Funds Budgeted State Funds Budgeted

$ 2,710,148

$ 2,874,629

$ 2,030,660

$ 54,500,000

$ 2,778,378

$ 1,323,287

$

0

$ 1,287,478

$

0

$ (553,758)

$ 166,706,849

$ 16,303,499

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 Capital Outlay Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Services Funding State Funds Budgeted

$ 28,316,621

$ 93,663,446

$ 14,003,645

$ 2,054,347

$

39,095

$ 1,115,890

$ 6,090,455

$ 7,177,826

$ 4,462,857

$ 2,573,235

$ 3,138,419

$ 41,304,191

$ 1,068,997

$ 12,803,349

$

0

$

0

$

0

$

255,000

$ (1,279,985)

$ 188,470,767

$

100,000

$ 28,316,621

Departmental Functional Budgets

Vocational Rehabilitation Services Business Enterprise Program

Total Funds State Funds

$ 87,217,764 $ 18,877,887

$ 1,663,761 $

360,633

1314

JOURNAL OF THE HOUSE

Administration Disability Adjudication Georgia Industries for the Blind Roosevelt Warm Springs Institute Austerity Adjustments Total

$ 4,010,337 $ $ 55,297,080 $ $ 11,821,908 $ $ 29,739,902 $ $ (1,279,985) $ $ 188,470,767 $

2,532,691 0
722,533 7,102,862 (1,279,985) 28,316,621

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 Transfer Funds to Governor's Office Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 14,898,464

$ 15,179,993

$

705,564

$

181,781

$

0

$

0

$

299,269

$

915,941

$

192,258

$ 19,414,422

$

0

$

197,158

$

0

$ (313,862)

$ 36,772,524

$ 14,898,464

Section 22. Merit System of Personnel Administration.
State Funds Personal Services Regular Operating Expenses Travel Equipment Real Estate Rents Per Diem and Fees Contracts Computer Charges Telecommunications Payments to State Treasury
Total Funds Budgeted
Federal Funds Other Agency Funds Agency Assessments

$

0

$ 8,814,917

$ 1,073,018

$

83,213

$

0

$

696,904

$

285,350

$

874,311

$ 1,774,772

$

173,863

$ 1,901,515

$ 15,677,863

$

0

$ 1,573,733

$ 13,176,154

MONDAY, MARCH 24, 2003

1315

Deferred Compensation State Funds Budgeted

$

927,976

$

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 Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Funding State Funds Budgeted

$ 89,543,393

$ 61,055,181

$ 8,072,954

$

465,062

$

332,206

$

345,335

$ 12,461,537

$ 2,792,509

$ 2,979,499

$

481,198

$ 1,318,987

$

0

$ 6,892,489

$

0

$

348,651

$ 3,459,434

$

750,000

$

0

$ (1,857,756)

$ 99,897,286

$ 1,960,000 $ 89,543,393

Departmental Functional Budgets

Administration Operations Enforcement Austerity Adjustments Total

Total Funds $ 33,848,830 $ $ 51,834,590 $ $ 16,071,622 $ $ (1,857,756) $ $ 99,897,286 $

State Funds 28,562,245 51,834,590 11,004,314 (1,857,756) 89,543,393

Section 24. Department of Natural Resources. A. Budget Unit: State Funds - Department of
Natural Resources Personal Services Regular Operating Expenses Travel

$ 111,298,112

$ 90,397,923

$ 15,409,186

$

813,926

1316

JOURNAL OF THE HOUSE

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 Payments to McIntosh County Payments to Baker County Payments to Calhoun County Payments to Georgia Agrirama Development
Authority for operations Community Green Space Grants Austerity Adjustments
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

$

412,765

$ 1,582,590

$ 3,291,804

$ 1,018,551

$ 9,425,779

$

730,140

$ 1,399,335

$

0

$

725,000

$ 1,333,300

$

860,176

$ 4,560,913

$

982,330

$

500,000

$

800,000

$

341,000

$

0

$

336,793

$

59,565

$ 7,595,077

$ 6,132,574

$

0

$ 1,839,297

$

493,381

$

100,000

$

31,000

$

24,000

$

955,662

$ (2,010,000)

$ (2,032,795)

$ 148,109,272

$

840,190

$

0

$ 1,831,931 $ 1,434,982

MONDAY, MARCH 24, 2003

1317

Indirect DOAS Funding State Funds Budgeted

$

200,000

$ 111,298,112

Departmental Functional Budgets

Commissioner's Office Program Support Historic Preservation Parks, Recreation and Historic Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Assistance Austerity Adjustments Total

Total Funds

$ 3,475,726 $

$ 7,508,429 $

$ 2,767,742 $

$ 41,422,766 $

$ 2,609,161 $

$ 37,178,564 $

$ 54,712,046 $

$

467,633 $

$ (2,032,795) $

$ 148,109,272 $

State Funds 3,428,460 7,508,429 2,277,742 20,967,046 2,438,299 31,846,593 44,500,618 363,720
(2,032,795) 111,298,112

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$

0

$ 3,267,771

$ 2,349,303

$

10,000

$

0

$

36,796

$

20,000

$

0

$

80,000

$

89,167

$

754,000

$

0

$

(38,988)

$ 6,568,049

$

0

C. Budget Unit: State Funds - Georgia Agrirama Development Authority
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment

$

0

$ 1,245,057

$

199,000

$

5,792

$

0

$

7,000

1318

JOURNAL OF THE HOUSE

Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Goods for Resale Austerity Adjustments

Total Funds Budgeted State Funds Budgeted

Section 25. State Board of Pardons and Paroles.

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 Austerity Adjustments

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

$

5,792

$

0

$

12,000

$

500

$

68,768

$

152,750

$

120,000

$

(20,250)

$ 1,796,409

$

0

$ 48,537,488

$ 40,852,338

$ 1,433,825

$

431,800

$

0

$

291,500

$

606,200

$ 2,958,373

$ 1,065,600

$

523,304

$

740,679

$

617,500

$

20,000

$ (1,003,631)

$ 48,537,488

$ 48,537,488

$ 81,593,659

$ 71,741,359

$ 8,242,955

$

105,552

$ 2,876,986

$

338,775

$

974,581

$

186,443

$ 2,090,791

$

346,387

MONDAY, MARCH 24, 2003

1319

Contracts State Patrol Posts Repairs and Maintenance Capital Outlay Conviction Reports Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Service Funding State Funds Budgeted

$

464,333

$

601,237

$

0

$

0

$ (1,721,055)

$ 86,248,344

$

990,000

$ 81,593,659

Departmental Functional Budgets

Administration Field Operations Austerity Adjustments Total

Total Funds $ 19,434,616 $ $ 68,534,783 $ $ (1,721,055) $ $ 86,248,344 $

State Funds 18,081,366 65,233,348 (1,721,055) 81,593,659

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 14,946,183

$ 12,126,847

$ 3,607,873

$

206,762

$

0

$

195,046

$

318,377

$

317,467

$

351,950

$

432,300

$

541,569

$ 3,575,200

$ 2,058,309

$

0

$ (315,510)

$ 23,416,190

$ 14,946,183

Departmental Functional Budgets

Office of Highway Safety Georgia Peace Officers Standards and Training

Total Funds State Funds

$ 5,755,070 $

578,767

$ 1,460,431 $ 1,460,431

1320

JOURNAL OF THE HOUSE

Police Academy

$

Fire Academy

$

Georgia Firefighters Standards and Training Council $

Georgia Public Safety Training Facility

$

Total

$

1,997,405 $ 1,223,016 $
475,871 $ 12,504,397 $ 23,416,190 $

1,133,687 1,081,055
475,871 10,216,372 14,946,183

Section 27. Public School Employees' Retirement System.
State Funds Payments to Employees' Retirement System Employer Contributions Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 4,127,798

$

593,750

$ 3,534,048

$

0

$ 4,127,798

$ 4,127,798

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 8,820,806

$ 6,821,965

$

250,711

$

111,876

$

22,214

$

15,300

$

208,791

$

511,428

$

124,660

$

628,262

$

582,500

$ (183,590)

$ 9,094,117

$ 8,820,806

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

$ 1,444,860,274 $ 6,585,889
$ 1,760,113,452 $ 424,223,505
$ 451,733,090 $ 854,188,741 $ 33,765,643

MONDAY, MARCH 24, 2003
Office of Minority Business Enterprise Student Education Enrichment Program Forestry Research Research Consortium Capital Outlay Austerity Adjustments
Total Funds Budgeted Departmental Income
Sponsored Income Other Funds
Indirect DOAS Services Funding Governor's Emergency Funds 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. Austerity Adjustments
Total Funds Budgeted Departmental Income

1321

$ 1,138,340

$

345,833

$ 1,011,627

$ 30,291,698

$ 123,584,731

$ (29,829,298)

$ 3,650,567,362

$ 132,081,672

$ 1,278,412,246

$ 785,552,781

$ 3,039,500

$

35,000

$ 6,585,889

$ 1,444,860,274

$ 220,699,465

$

0

$

`

$ 70,959,391

$ 60,237,374 $ 41,101,657 $ 3,103,580 $ 23,067,667

$

0

$

0

$ 7,790,087

$

848,363

$

548,200

$ 1,735,650

$ 18,565,802

$ 34,755,498

$

0

$ 35,104,249

$ (4,228,694)

$ 429,187,554

$ 8,610,113

1322

JOURNAL OF THE HOUSE

Sponsored Income Other Funds
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$ 124,936,276

$ 74,398,200

$

543,500

$

0

$ 220,699,465

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 Austerity Adjustments Total

Total Funds State Funds $ 2,834,246 $ 1,649,446 $ 6,469,309 $ 1,810,419 $ 1,828,871 $ 1,061,238 $ 123,302,969 $ 9,838,961

$ 23,067,667 $ 9,944,392

$ 78,401,230 $ 45,959,968

$ 62,414,534 $ 39,320,397

$

193,500 $

0

$ 3,949,799 $ 3,949,799

$ 7,242,199 $

542,199

$ 3,625,810 $

0

$ 4,756,657 $

102,687

$ 65,842,622 $ 65,720,773

$ 43,642,427 $ 39,333,472

$ 5,844,408 $ 5,694,408

$ (4,228,694) $ (4,228,694)

$ 429,187,554 $ 220,699,465

C. Budget Unit: State Funds - Georgia Public Telecommunications Commission
Personal Services Operating Expenses General Programming Distance Learning Programming Austerity Adjustments
Total Funds Budgeted
Other Funds State Funds Budgeted

$

0

$ 14,654,631

$ 15,671,989

$ 4,070,278

$ 2,784,685

$ (391,490)

$ 36,790,093

$ 36,790,093

$

0

D. Budget Unit: Lottery for Education Equipment, Technology and Construction Trust

$ 21,509,000 $ 12,000,000

MONDAY, MARCH 24, 2003

1323

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

$ 2,000,000

$

0

$ 7,509,000

$

0

$

0

$

0

$

0

$ 21,509,000

$ 21,509,000

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 Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds
State Funds Budgeted

$ 467,978,662

$

150,000

$ 61,914,466

$ 4,747,373

$ 1,026,000

$

53,045

$

175,384

$ 15,014,862

$ 7,107,067

$ 2,249,299

$

606,992

$ 1,375,758

$ 4,086,456

$

0

$ 2,800,655

$ 17,785,550

$ 377,500,000

$ (1,879,380)

$ 494,563,527

$ 2,545,000

$

150,000

$ 467,978,662

Departmental Functional Budgets

Departmental Administration Internal Administration Information Systems Compliance Division

Total Funds State Funds $ 37,966,647 $ 20,181,097 $ 7,987,227 $ 7,987,227 $ 17,097,493 $ 15,842,493 $ 27,826,845 $ 23,921,082

1324

JOURNAL OF THE HOUSE

Income Tax Unit Property Tax Unit Sales Tax Unit State Board of Equalization Taxpayer Accounting Alcohol and Tobacco Austerity Adjustments Total

$ 7,427,706 $ 7,427,706

$ 382,317,960 $ 380,207,825

$ 5,722,476 $ 5,699,833

$

5,000 $

5,000

$ 6,775,576 $ 5,575,576

$ 3,315,977 $ 3,010,203

$ (1,879,380) $ (1,879,380)

$ 494,563,527 $ 467,978,662

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 34,251,822

$ 19,025,144

$ 4,357,156

$

401,924

$

72,492

$

65,019

$ 3,838,024

$ 4,684,740

$ 1,017,577

$

171,526

$ 1,792,955

$

589,335

$

0

$ (699,720)

$ 35,316,172

$ 34,251,822

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 Austerity Adjustments Total

Total Funds State Funds

$ 5,022,390 $ 4,992,390

$ 6,731,898 $ 6,656,898

$

416,019 $

416,019

$ 2,045,424 $ 1,306,074

$ 1,976,955 $ 1,926,955

$ 8,296,949 $ 8,276,949

$ 1,386,731 $ 1,386,731

$

552,127 $

552,127

$ 9,286,195 $ 9,136,195

$

301,204 $

301,204

$ (699,720) $ (699,720)

$ 35,316,172 $ 34,251,822

MONDAY, MARCH 24, 2003

1325

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 2,209,171

$ 1,489,924

$

145,000

$

47,000

$

0

$

12,500

$

96,747

$

181,000

$

84,000

$

178,000

$

0

$

(25,000)

$ 2,209,171

$ 2,209,171

Departmental Functional Budgets

Real Estate Commission Austerity Adjustments Total

Total Funds State Funds

$ 2,209,171 $ 2,209,171

$

(25,000) $

(25,000)

$ 2,209,171 $ 2,209,171

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 3,420,462

$ 1,684,267

$

202,070

$

36,069

$

0

$

23,184

$

13,478

$

119,052

$

40,214

$

139,438

$ 1,762,645

$

86,000

$

(45,550)

$ 4,060,867

$ 3,420,462

1326

JOURNAL OF THE HOUSE

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 Guaranteed Educational Loans Tuition Equalization Grants Law Enforcement Personnel Dependents' Grants North Georgia College ROTC Grants North Georgia College Graduates Scholarship Osteopathic Medical Loans Georgia Military Scholarship Grants LEAP Program Governor's Scholarship Program Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 39,860,391

$

561,309

$

20,140

$

13,000

$

0

$

6,300

$

12,000

$

49,615

$

10,091

$

11,560

$

32,118

$ 4,260,521

$ 30,044,521

$

66,313

$

351,217

$

22,563

$

0

$

508,659

$ 1,534,365

$ 3,693,967

$ (817,215)

$ 40,381,044

$ 39,860,391

Departmental Functional Budgets

Georgia Student Finance Authority Georgia Nonpublic Postsecondary Education
Commission Austerity Adjustments Total

Total Funds State Funds

$ 40,482,126 $ 39,961,473

$

716,133 $

716,133

$ (817,215) $ (817,215) $ 40,381,044 $ 39,860,391

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

$ 390,887,625

$ 229,273,347

$ 49,006,492

$ 52,776,833

$

0

$ 42,181,370

$

808,333

MONDAY, MARCH 24, 2003
LEPD Scholarship Teacher Scholarships Promise Scholarships Promise II Scholarships Engineer Scholarships Personal Services - HOPE Administration Operating Expenses - HOPE Administration
Total Funds Budgeted Lottery Funds Budgeted
Section 34. Teachers' Retirement System. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Employee Benefits Retirement System Members Floor Fund for Local Retirement Systems
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

1327

$

246,024

$ 5,332,698

$ 5,855,278

$

847,495

$

760,000

$ 2,059,431

$ 1,740,324

$ 390,887,625

$ 390,887,625

$ 2,670,000

$ 10,495,013

$

629,344

$

26,500

$

0

$

35,000

$ 8,010,375

$

673,770

$

330,000

$

737,700

$

0

$

0

$ 2,550,000

$

120,000

$ 23,607,702

$ 2,670,000

$ 277,871,777

$ 6,457,252

$

374,330

$

125,510

$

0

$

48,359

$

588,518

$

144,671

$

169,110

$

614,420

$

115,980

1328

JOURNAL OF THE HOUSE

Capital Outlay Personal Services-Institutions Operating Expenses-Institutions Area School Program Adult Literacy Grants Regents Program Quick Start Program Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$

0

$ 246,352,015

$ 61,245,035

$ 6,398,577

$ 20,008,184

$ 3,621,510

$ 13,149,377

$ (5,793,954)

$ 353,618,894

$ 277,871,777

Departmental Functional Budgets

Administration Institutional Programs Austerity Adjustments Total

Total Funds State Funds $ 8,638,150 $ 6,578,362 $ 350,774,698 $ 277,087,369 $ (5,793,954) $ (5,793,954) $ 353,618,894 $ 277,871,777

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

$ 667,076,123 $ 262,090,843 $ 79,985,329 $ 2,092,445 $ 1,810,000 $ 7,531,739 $ 12,788,293 $ 1,831,320 $ 4,872,117 $ 7,346,696 $ 48,431,848

MONDAY, MARCH 24, 2003

1329

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 1,143,539,698 $ 6,943,629 $ 17,582,915

$

721,355

$

0

$

534,012

$ 39,271,138

$ (350,852)

$ 1,637,022,525

$ 667,076,123

Departmental Functional Budgets

Motor Fuel Tax Budget Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

Total Funds $ 1,327,840,508 $ $ 232,949,280 $ $ 17,250,694 $ $ 27,334,330 $ $ 1,605,374,812 $

State Funds 377,400,221 228,365,141 16,750,694
26,430,580 648,946,636

General Funds Budget Planning and Construction Maintenance and Betterments Administration Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways Activities Austerity Adjustments Total

$

0$

0

$

0$

0

$

0$

0

$ 3,169,943 $ 2,512,148

$ 28,107,267 $ 15,246,836

$

721,355 $

721,355

$ (350,852) $ (350,852)

$ 31,647,713 $ 18,129,487

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

$ 22,049,800

$ 6,038,004

$

420,437

$

154,602

$

0

$

105,822

$

6,361

$

219,148

$

90,660

$

24,500

1330

JOURNAL OF THE HOUSE

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

$ 17,631,444 $ 7,904,063

$

0

$

0

$

187,444

$ 32,782,485

$ 22,049,800

Departmental Functional Budgets

Veterans Assistance Veterans Nursing Home-Augusta Total

Total Funds State Funds $ 24,878,422 $ 17,126,329 $ 7,904,063 $ 4,923,471 $ 32,782,485 $ 22,049,800

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 Payments to State Treasury Austerity Adjustments
Total Funds Budgeted State Funds Budgeted
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

$ 13,744,229

$ 10,098,171

$

470,115

$

140,600

$

0

$

44,048

$

261,976

$ 1,337,338

$

187,828

$

145,100

$ 1,423,053

$

0

$ 14,108,229

$ 13,744,229

$ 543,737,331 $ 51,000,000 $ 594,737,331

MONDAY, MARCH 24, 2003

1331

State General Funds (New) Motor Fuel Tax Funds (New)

$ 30,683,970

$

0

$ 30,683,970

Section 40. Provisions Relative to Section 3, Judicial Branch.
The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automation Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

Section 41. Provisions Relative to Section 4, Department of Administrative Services.
It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services.

Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 2002 of all vehicles purchased or newly leased during Fiscal Year 2002.

1332

JOURNAL OF THE HOUSE

Notwithstanding any provision of the law to the contrary, in managing any of the self-insurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 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.

Provided, however, that the Department shall contract with the Southeast Georgia Regional Development Center from the Contracts object class a Total of $70,034 for operating expenses.

Recipient

Description

Amount

Georgia Mountain RDC Water Planning

$ 45,000

MONDAY, MARCH 24, 2003

1333

Americus Sumnter County Recreation Authority

Construction of restrooms and concession stand at $ recreation/soccer fields for Americus/Sumnter County Recreation Authority

Athens/Clark County

Contract with Food Bank of Northeast Georgia for food $ distribution in Athens/Clark County

Athens/Clark County

Contract with Grand Slam Program in Athens/Clarke $ County

Athens/Clark County

Contract with Hancock Community Development in $ Athens/Clarke County

Athens/Clarke Purchase a van for resident transportation need at Lanier $

County

Gardens/Talmadge Terrace in Athens/Clarke County

Athens/Clarke County

Contract with Athens Tutorial Program for after-school $ tutorial and enrichment program in Athens/Clarke County

Athens/Clarke County

Funding for the Non-profit Community Children's $ Chorus at the University of Georgia in Athens/Clarke County

Athens/Clarke Roof repair at building housing Kelley Diversified, Inc. $

County

in Athens/Clarke County

Athens/Clarke Provide for project Safe Campuses Now in $

County

Athens/Clarke County

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

Atkinson County Provide lighting for parking lot at new high school in $

Board of

Atkinson County

Education

Atkinson County Courthouse parking lot expansion, courtroom renovation $ Commission and farmers' market in Atkinson County

40,000
10,000 5,000
10,000 25,000 10,000 15,000 20,000 30,000
4,500 10,000 10,000

1334
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
Augusta/ Richmond County

JOURNAL OF THE HOUSE
Contract for services with the Augusta Mini Theater, Inc. $ 50,000 in Augusta/ Richmond County

Program enhancements for the Augusta Players in $ 25,000 Augusta/Richmond County

Planning money for railroad track removal in downtown $ 50,000 Augusta

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 Foundation in Augusta/Richmond County

25,000

Exhibition improvements and expansion of education $ 15,000 programs at the Augusta Museum of History

Contract for services with the Beyond The Ark Outreach $ 10,000 Services B.T.A. in Augusta/Richmond County

Expand operation of the Augusta/Richmond County $ 15,000 Animal Control

Technology computer center within the Barton Village $ 10,000 Community in Augusta/Richmond County

Contract for services with Augusta African/American $ Historical Community in Augusta/Richmond County to identify historical locations
Contract for services with Shiloh Comprehensive $ Community Center in Augusta/Richmond County

10,000 5,000

MONDAY, MARCH 24, 2003

1335

Augusta/ Richmond County

Contract for services with Beulah Grove Community $ Resource Center in Augusta/Richmond County

Augusta/ Richmond County

Contract services with Augusta/Richmond Opportunities $ in Augusta/Richmond County

Augusta/ Richmond County

Contract for services with Neighborhood Improvement $ Programs in Augusta/Richmond County

Augusta/ Richmond County

Contract for services with Lucy Craft Laney Museum in $ Augusta/Richmond County

Augusta/ Richmond County

Contract for services with Good Hope Social Services $ Ministries for after-school enrichment and tutorial programs in Augusta/Richmond County

Augusta/ Richmond County

Contract for services with CSRA Transitional Center, $ Inc. for programs to combat juvenile delinquency in Augusta/Richmond County

Augusta/ Richmond County

Contract for services with New Savannah Road Social $ Services in Augusta/Richmond County

Augusta/ Richmond County

Construction cost of The Theater in Augusta/Richmond $ County

Avondale Estates Renovate Boy Scout's building in the City of Avondale $ Estates

Bacon County Purchase 4-H equipment and supplies for Bacon County $ Extension Service

Bacon County Improvements at Bacon County Recreation Department $

Baker County

Contract with Georgia Empowerment and Resource $ Services, Inc. to promote growth and development of business in Baker County

10,000 5,000 5,000 5,000 5,000
10,000 40,000 50,000 10,000
2,000 5,000 10,000

1336

JOURNAL OF THE HOUSE

Baker County Support for Baker Elementary PTA in Baker County $ Board of Education

Baldwin County Purchase Thermal Imaging Camera equipment for use by $ Baldwin County Fire Department

Baldwin County Purchase digital mapping system for Baldwin County $

Baldwin County Continuation of Office of Solicitor General's victim $ assistance programs in Baldwin County

Baldwin County Funds for Baldwin/Oconee River Greenway Project in $ Baldwin County

Baldwin County Fund the Victims Assistance Program in Baldwin $ County

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

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

Bartow County Provide funding for programs and initiatives at Bartow $ Collaborative, Inc. in Bartow County

Bartow County Purchase equipment for Bartow County Fire Department $

Bartow County Improvements to Stilesboro Academy for the Bartow $ Commission County Commission

Berrien County Permanently mounted bleachers for Berrien County $ Recreation Complex

2,000
10,000 20,000 5,000 10,000 15,000
5,000 20,000 15,000 30,000
13,000 13,000 4,000 20,000

MONDAY, MARCH 24, 2003

1337

Bibb County

Contract for services with The Mentors Project of Bibb $ 10,000 County, Inc.

Bibb County

Contract for services with Macon/Bibb County Health $ 15,000 Department for HIV/AIDS education and prevention

Bibb County

Improvements to three regional co-ed soccer fields in $ 25,000 Bibb County

Bibb County

Contract for services with Adopt-A-Role Model in Bibb $ 50,000 County

Bibb County

General operation of the Harriet Tubman Museum in $ 100,000 Bibb County

Bibb County

Contract for services with the Middle Georgia Council $ 20,000 on Drugs in Bibb County

Bibb County General operation of The Hay House in Bibb County $ 50,000

Bibb County

Contract for services with the Ruth Mosely Center in $ 50,000 Bibb County

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 $ 25,000 Central High in Bibb County

Bibb County Courts

Contract for services with Macon/Bibb County Teen $ 10,000 Court, Inc.

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

1338

JOURNAL OF THE HOUSE

Bleckley County Provide funding for records management software in $ Bleckley County

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

Brantley County Brantley County Intergovernmental Relations Office $

Brantley County Brantley County travel expense fund

$

Brooks County Bridges of Hope in Brooks County

$

Brooks County Purchase technology lab equipment for Brooks County $

Board of

High School

Education

Bryan County Flooring for the Pembroke Public Library in Bryan $ County

Bulloch County Development and construction of athletic fields in $

Board of

Bulloch County

Education

Bulloch County Development of nature trails and elevated boardwalks at $

Board of

Mill Creek Regional Park in Bulloch County

Education

Bulloch County Resurface asphalt track at Southeast Bulloch High $ School in Bulloch County

Burke County

Contract for services with CSRA-EOA/Burke County $ Head Start for Reading Readiness Program and children's library in Burke County

Candler County Implement 911 emergency system in Candler County $

Carroll County Establish a symphony orchestra in Carroll County

$

25,000 5,000 5,000
5,000 5,000 10,000 30,000
5,000 10,000
10,000
10,000 5,000
25,000 25,000

MONDAY, MARCH 24, 2003

1339

Carroll County Remodeling, expanding and upgrading the Carroll $ County Agriculture Education Center

Carroll County Outdoor lighting system for Bowdon High School in $

Board of

Carroll County

Education

Charlton County Purchase recreation equipment for Charlton County

$

Chatham County Contract for services with the Community $ Cardiovascular Council, Inc. in Chatham County

Chatham County Expand the kitchen for the Meals on Wheels Program at $ Senior Citizens, Inc. of Savannah in Chatham County

Chatham County Provide for Head Start Program classroom for the City of $ Savannah

Chatham County Restoration and repair of the Greenbriar Children's $ Center, Inc. in Chatham County

Chatham County Implementation of the Food and Butter Caf for Second $ Harvest Food Bank of Georgia in Chatham County

Chatham County Contract for services with Coastal Association of $ Retarded Citizens in Chatham County

Chatham County Contract for services with the Community $ Cardiovascular Council, Inc. in Chatham County

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

Chatham County Construction of monument to the African-American $ heritage in Chatham County

Chatham County Enrich and enhance instructional programs at the Massie $

Board of

School in the City of Savannah

Education

20,000 56,600
5,000 10,000 50,000 10,000 35,000 25,000 20,000 25,000 25,000
20,000 15,000

1340

JOURNAL OF THE HOUSE

Chatham County Provide funding for the Chatham/Effingham Library in $ 23,740 Chatham County

Chatham County Westside Community Center in Chatham County Commission

$ 100,000

Chattahoochee Purchase furniture, equipment and supplies for $ County Board of Chattahoochee County Board Of Education 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

Cherokee County Library materials and expenses for Cherokee County $ 50,000

City of Abbeville Funding for renovations made to the old auditorium $ 10,000 building used by the Arts Council in Wilcox County

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

MONDAY, MARCH 24, 2003

1341

City of Albany Funding for HAVN local nonprofit organization in the $ City of Albany

City of Albany Contract for services with Mt. Olive Outreach for tutorial $ programs in the City of Albany

City of Albany Contract for services with Union Outreach Mission for $ health care for underprivileged in the City of Albany

City of Albany Contract for services with Slater King Adult Day Care in $ the City of Albany

City of Albany Contract for services with East Albany Service League, $ Inc. for services to underprivileged in the City of Albany

City of Albany Provide university program speakers at Albany State $ University

City of Albany Roof replacement for the Thronateeska Heritage Center $ in the City of Albany

City of Alma

Improvement for Martin Luther King Park in the City of $ Alma

City of Ambrose Purchase playground equipment for park in the City of $ Ambrose

City of

Repair drainage problems at Pioneer Farm tourist $

Andersonville attraction in the City of Andersonville

City of Arabi

Maintenance and repairs for community service projects $ in the City of Arabi

City of Aragon Recreation improvements for the City of Aragon

$

City of Arlington Build a city/county volunteer firehouse in the City of $ Arlington

City of Ashburn Purchase playground equipment for recreation area in $ West Ashburn in the City of Ashburn

3,000 20,000 15,000 20,000 20,000
7,500 15,000 10,000 10,000 20,000 12,000 25,000
7,000 15,000

1342

JOURNAL OF THE HOUSE

City of Athens Economic revitalization and direct public/private $ partnership initiatives in the City of Athens

City of Athens Contract with Creative Visions for Saturday enrichment $ programs in City of Athens

City of Atlanta Funds to feed and shelter homeless at Jericho Rd Project $ in the City of Atlanta

City of Atlanta

Contract for services with Southwest YMCA for the $ Brother to Brother and Sisters Only program in City of Atlanta

City of Atlanta Develop Total Wellness Program at Vine City Health $ and Housing Ministry in the City of Atlanta

City of Atlanta

Contract with Pittsburg Community Improvement Assn. $ for housing improvement and economic development in the City of Atlanta

City of Atlanta Board of Education

After-school program at Joe E. Brown Middle School in $ the City of Atlanta

City of Atlanta Renovation of the Active Oval in Piedmont Park in the $ City of Atlanta

City of Atlanta Provide for revitalization of Reynoldstown Community $ in the City of Atlanta

City of Atlanta Purchase vehicle to transport program recipients for $ Antioch Urban Ministries in the City of Atlanta

City of Atlanta Contract for services with Senior Citizens Services $ Center for adult day care in the City of Atlanta

City of Atlanta Child care program and classroom conversion at the $ Butler St YMCA/Westside Branch in the City of Atlanta

City of Atlanta Contract for services with the Georgia Citizen Coalition $ on Hunger in the City of Atlanta

10,000 10,000 15,000 50,000
15,000 30,000
20,000
20,000 15,000 20,000 52,500 15,000 25,000

MONDAY, MARCH 24, 2003

1343

City of Atlanta Contract for services with Trinity House for services to $ homeless men in the City of Atlanta

City of Atlanta Fund a littoral shelf for the lake at Piedmont Park in the $ City of Atlanta

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

City of Atlanta

Contract for services with David T. Howard National $ Alumni Assn. for substance abuse program in "Old Fourth Ward" in the City of Atlanta

City of Atlanta Contract for services with Cascade Job Training $ Initiative in the City of Atlanta

City of Atlanta

Contract for services with Community Care, Inc. for $ social service programs to children and youth in the City of Atlanta

City of Atlanta Purchase workshop materials, transportation and $ personnel for Nonprofits, Inc. in the City of Atlanta

City of Atlanta Purchase materials at A. D. Williams Elementary School $ for the City of Atlanta

City of Atlanta Purchase materials for Alfred Blalock Elementary $ School in the City of Atlanta

City of Atlanta Purchase materials at Peyton Forest Elementary School $ for the City of Atlanta

City of Atlanta Purchase materials at Jean Childs Young Middle School $ in the City of Atlanta

City of Atlanta Purchase materials at Margaret Fain Elementary School $ for the City of Atlanta

City of Atlanta Purchase materials at Frederick Douglass High School $ for the City of Atlanta

25,000 10,000 25,000
25,000
15,000 30,000
25,000 1,000 1,000 1,100 1,500 1,000
10,000

1344

JOURNAL OF THE HOUSE

City of Atlanta Funds for materials at D. M. Therrell High School for $ the City of Atlanta

City of Atlanta Purchase materials at Henry McNeal Turner Middle $ School for the City of Atlanta

City of Atlanta Purchase materials at Fickett Elementary School for the $ City of Atlanta

City of Atlanta Purchase materials at Leonora P. Miles Elementary $ School for the City of Atlanta

City of Atlanta Purchase materials for Collier Heights Elementary $ School in the City of Atlanta

City of Atlanta After-school and weekend program for at-risk children in $ the City of Atlanta

City of Atlanta Funding for materials at L. O. Kimberly Elementary $ School for the City of Atlanta

City of Atlanta Board of Education

Provide funding for Chess Club Program at George A. $ Townes Elementary School for the City of Atlanta

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

City of Atlanta Funding for materials at Harper-Archer High School in $ the City of Atlanta

City of Atlanta Funding for Boyd Clinic in the City of Atlanta

$

City of Atlanta Funding for activities at Adamsville Elementary School $ in the City of Atlanta

City of Atlanta Purchase materials for Grove Park Elementary School in $ the City of Atlanta

4,000 2,500 1,000 1,000 1,200 10,000 1,000 1,100
1,000 1,500 1,500 1,500 1,500 1,200

MONDAY, MARCH 24, 2003

1345

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 $ 20,000 Leadership Institute in the City of Atlanta

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 Ferber Cottage at Morris Brown College $ 125,000 in the City of Atlanta

City of Atlanta Purchase materials at Margaret Mitchell Elementary $ School for the City of Atlanta

1,000

City of Atlanta Upgrade playground equipment and drainage problem at $ 30,000 Public Schools Mary Lin Elementary School in the City of Atlanta

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

1346

JOURNAL OF THE HOUSE

City of Atlanta Construction of the Progressive Hope House in the City $ 25,000 of Atlanta

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

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 $ 150,000 of Atlanta

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 $ 28,000 the City of Atlanta

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 $ 15,000 Atlanta

City of Atlanta Contract for services with West Fulton Family Support $ 10,000 Center in the City of Atlanta

City of Atlanta Bureau of Cultural Affairs for after-school cultural $ 25,000 program in the City of Atlanta

City of Atlanta Aid in renovation of Slaton Elementary School in the $ City of Atlanta

4,500

MONDAY, MARCH 24, 2003

1347

City of Atlanta- Contract for services with Cascade United Methodist $

DCA

Community Outreach Program in the City of Atlanta

City of Augusta Expansion of Shirley Badke Retreat for families of burn $ patients in the City of Augusta

City of Austell Funds for roof repairs for Austell City Hall

$

City of Austell Replace existing roof on Austell City Hall

$

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

City of Baconton Purchase of benches and landscaping of grounds for $ historic Victorian home owned by the City of Baconton

City of Bainbridge

Construction of handicap accessible sidewalks in the $ City of Bainbridge

City of Bainbridge

Purchase playground equipment for recreation program $ in the City of Bainbridge

City of Blackshear

Purchase equipment for multi-purpose facility in the City $ of Blackshear

City of Blairsville Restoration of City Hall in the City of Blairsville

$

City of Bloomingdale

Improvements to the drainage at Taylor Park, upgrade $ the sprinkler system of the football field and construct a 150' baseball/softball field

City of Boston Fund the Streetscape Project in the City of Boston

$

City of Braselton Homeland Security funds for the City of Braselton

$

City of Bremen Funding for band and athletic facility improvements at $ the City of Bremen High School

City of Bremen Recreation funds for the City of Bremen

$

50,000 10,000 25,000 25,000 6,000 25,000
7,500 10,000 15,000
5,000 10,000 25,000
25,000 5,000 13,000 20,000

1348

JOURNAL OF THE HOUSE

City of Brooks Recreation projects for the City of Brooks

$

City of Broxton Funding for maintenance equipment for parks and $ streets in the City of Broxton

City of

Purchase a new snorkel for the City of Brunswick

$

Brunswick

City of Brunswick

Fire department improvement and equipment for the City $ of Brunswick

Haralson County Contract services for Haralson County Library

$

City of Buchanan Purchase equipment for the recreational department in $ the City of Buchanan

City of Buchanan Recreation funds for the City of Buchanan

$

City of Byron Repair old Byron gymnasium in the City of Byron

$

City of Cairo

Replacement of marquis on Zebulon Theater in the City $ of Cairo

City of Cairo Operation of theater in the City of Cairo

$

City of Camilla Welcome Center renovation for the City of Camilla $

City of Camilla Continued renovation of Historic Depot project for the $ City of Camilla

City of Canon Renovation and equipment for the City of Canon City $ Hall

City of Cartersville

Funds to renovate baseball field and complex at the City $ of Cartersville High School

City of Cave Spring

Maintenance,operations and renovation of Fannin Hall $ administration building for the Fannin Campus in the City of Cave Springs

City of Cedartown

Purchase lighting system for the City of Cedartown $ Civic Auditorium

15,000 15,000 30,000 50,000 50,000
5,000 20,000 20,000 10,000 10,000 15,000 10,000
5,000 40,000 30,000
21,000

MONDAY, MARCH 24, 2003

1349

City of

Purchase lighting for the Cedartown Auditorium

$

Cedartown

City of Centerville

Renovation to the current police station in the City of $ Centerville

City of

Renovations to the downtown area of Chickamauga for a $

Chickamauga Beautification Project

City of Clarkston Contract for services with KHADIJALAND, Inc. for $ cultural exchange program

City of Clarkston Start up of a multi-cultural youth soccer league for the $ City of Clarkston

City of Clarkston Renovations to school in the City of Clarkston

$

City of Clarkston Beautification project for the City of Clarkston

$

City of Clayton Contract with Native American Warrior Society for aid $ to all disabled veterans and low income families in the City of Clayton

City of Cobbtown

Renovations and new equipment for city recreation park $ in the City of Cobbtown

City of Cochran Airport improvements in the City of Cochran

$

City of Collins Purchase fire truck for the City of Collins

$

City of Colquitt Contract with Colquitt Miller Arts Council for cultural $ programs in City of Colquitt

City of Colquitt Complete renovation of tennis courts at recreational $ complex in the City of Colquitt

City of Columbus Fund personal development/career enhancement $ programs in the City of Columbus

City of Columbus Funding for community programs at South Westview $ Against Drugs in the City of Columbus

25,000 5,000 15,000 10,000 10,000 10,000 10,000 10,000
5,000 10,000 10,000 25,000 20,000 20,000 15,000

1350

JOURNAL OF THE HOUSE

City of Columbus Fund a non-profit educational and personal development $ program in the City of Columbus

City of Columbus Funding for Community Alliance Organization which $ implements programs for the underprivileged in the City of Columbus

City of Columbus Assist non-profit organization providing housing for low $ to moderate income families and individuals in the City of Columbus

City of Columbus Establishment of City of Columbus community center $ resources

City of Commerce

Purchase surveillance system for the City of Commerce $ High School

City of Concord Install early weather warning system for the City of $ Concord

City of Concord Purchase Jaws of Life and 2 defibrillators for the City of $ Concord

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

City of Covington

Purchase voice stress analyzer tester for the City of $ Covington Police Department

City of

Renovation of city hall and welcome center in the City $

Crawfordville of Crawfordville

City of Dallas Improvements to park in the City of Dallas

$

City of Dalton Funding for the North West Georgia Girl's Home $ operating expenses in the City of Dalton

City of Darien

Contract for services with the Howard Genesis House, $ Inc. for services to homeless women in the City of Darien

40,000 30,000
47,000
5,000 15,000 12,000 15,000 20,000
10,000 10,000 18,000 20,000 20,000

MONDAY, MARCH 24, 2003

1351

City of Darien Renovate the upper level of the City Hall building in the $ City of Darien

City of Dawson Computers and playground equipment for the City of $ Dawson

City of Dawson Heating, air conditioning and rewiring of historic $ Carnegie Library in the City of Dawson

City of Decatur Recondition bicycles and build yellow bike stations for $ public use in City of Decatur

City of Doerun Purchase land for City of Doerun Fire Department

$

City of Doerun Construction of a chain link fence around electric sub- $ station in the City of Doerun

City of

Sidewalk improvements in the City of Donalsonville $

Donalsonville

City of Douglas Purchase equipment for the City of Douglas Police $ Department

City of Douglas Purchase portable speed detector for the City of Douglas $ Police Department

City of Dublin Operational funding for welcome center in City of $ Dublin

City of Dublin Stabilize the historic Fred Roberts Hotel building which $ house Laurens County Senior Center in City of Dublin

City of Dudley Volunteer fire department equipment for the City of $ Dudley

City of Dudley Funding for centennial celebration in the City of Dudley $

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

City of East Dublin

Four tennis courts at Warnock Park in City of East $ Dublin

60,000 10,000 10,000
5,000 10,000 7,500 10,000 3,000 3,000 5,000 5,000 5,000 2,500 25,000
10,000

1352

JOURNAL OF THE HOUSE

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

City of Eastman Building project for Eastman Developmental Authority $

City of Eatonton Renovation of the historic Madison Avenue School in $ the City of Eatonton

City of Emerson Renovation of municipal building in the City of Emerson $

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

City of Fitzgerald Construct 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

City of Flovilla Assist with cost of fence around City of Flovilla $ cemetery

City of Flovilla Recreation park development for the City of Flovilla $

City of Flovilla Provide fire and rescue equipment for City of Flovilla $ Fire Department

City of Folkston Promote tourism and downtown revitalization in the City $ of Folkston

City of Forest Prepare a vehicle free pathway between the recreation $

Park

center and the senior center in the City of Forest Park

City of Fort Valley

Refurbish old school bus for the Boys and Girls Club in $ City of Fort Valley

City of Fort Valley

Assist in the renovation of the old theater building in the $ City of Fort Valley

20,000
25,000 15,000 28,000 20,000 25,000 10,000 30,000 10,000 5,000 10,000
5,000 25,000 12,000 25,000

MONDAY, MARCH 24, 2003

1353

City of Fort Oglethorpe

Provide funding for renovations to historic band stand in $ the City of Fort Oglethorpe

City of Fort Valley

Community revitalization project for the City of Fort $ Valley

City of Franklin Professional service to codify City ordinances in the City $

Springs

of Franklin Springs

City of Gainesville

Improvements to athletic fields at Memorial Park Road $ campus of Boys and Girls Club of Gainesville

City of Glennville Purchase lights for softball field in City of Glennville $

City of Glennville Upgrade equipment and park areas for the City of $ Glennville Recreation Department

City of Gordon Construction and landscape of a city park in the Town of $ Gordon

City of Gough Contract with Gough Improvement Assn., Inc. for $ renovation of community center in City of Gough

City of Greensboro

Contract for services with Greensboro Downtown $ Development in the City of Greensboro

City of Guyton Fund restoration of recreation gym for the City of $ Guyton

City of Guyton City of Guyton gym renovation to heating and air $ conditioning

City of Hahira Purchase of books and research resources for the Hahira $ Public Library in City of Hahira

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

City of Hartwell Complete the Hartwell Conference Center for the City of $

Recreation

Hartwell Recreation Department

Department

15,000 12,000
5,000 10,000 10,000
3,000 5,000 10,000 10,000 5,000 20,000 5,000 15,000 5,000 75,000

1354

JOURNAL OF THE HOUSE

City of Hawkinsville

Maintenance and operation of the Opera House in City $ of Hawkinsville

City of Hawkinsville

Maintenance and operation of the M.E. Rhoden Library $ in the City of Hawkinsville

City of Helena Provide handicapped access for railroad station in the $ City of Helena

City of Hinesville Construct a new fire station in the City of Hinesville $

City of Hinesville Provide funding for the 11 Black Men of Liberty County $ educational programs for the City of Hinesville

City of Hinesville Contract for services with Eleven Black Men of Liberty $ County, Inc. in the City of Hinesville

City of Hoboken Recreation park improvements for the City of Hoboken $

City of Homeland Improvements to City of Homeland recreation $ department walking track and ballfields

City of

Expansion of softball field in City of Homerville

$

Homerville

City of Homerville

Restoration of the Homer Maddox home in the City of $ Homerville

City of Ideal Purchase new water well for the City of Ideal

$

City of Jackson Purchase of fire and rescue equipment in the City of $ Jackson

City of Jakin

Construct stage adjoining the gazebo in the Jakin Park in $ the City of Jakin

City of Jesup

Improvements to McMillan Greenway Park in the City $ of Jesup

City of Jonesboro Provide for a family park and sidewalk construction in $ the City of Jonesboro

10,000 12,000 10,000 9,000 10,000
5,000 5,000 5,000 10,000 30,000 15,000 10,000 6,000 5,000 10,000

MONDAY, MARCH 24, 2003

1355

City of Jonesboro Provide for family park, walking track and restrooms in $ City of Jonesboro

City of Kennesaw Construction of pedestrian crossing under CSX Railroad $ in the City of Kennesaw

City of Kennesaw Funds for expansion of historic museum in the City of $ Kennesaw

City of Kennesaw Parking improvements and installation of underground $ utilities at Cauble/Acworth Beach in the City of Kennesaw

City of Keysville Contract for services with Beyond The Ark Outreach $ Ministries, Inc. for programs and services in City of Keysville

City of Keysville Improvements to City of Keysville City Hall

$

City of Kingston Improvements to city park, recreation and museum in the $ City of Kingston

City of Kite

Improvements and equipment for recreation complex in $ the City of Kite

City of LaFayette Piping and grading for drainage in the City of LaFayette $

City of LaFayette Historic Monument in the City of LaFayette

$

City of Lake City Recreation enhancements in Lake City

$

City of Lakeland Training equipment for the City of Lakeland

$

City of Lakeland Creation of pedestrian bridge at Lake Erma in City of $ Lakeland

City of Lavonia Purchase radio equipment for City of Lavonia Police $ Department

City of Lavonia Lighting and fencing for the city park in City of Lavonia $

15,000 5,000
35,000 10,000
15,000
15,000 20,000
5,000 15,000 15,000 25,000 8,000 10,000 12,000 20,000

1356

JOURNAL OF THE HOUSE

City of Leary Purchase of playground equipment for the City of Leary $

City of Leesburg Weather alert system for the City of Leesburg

$

City of Lenox Remodel restrooms of the RESA facility in the City of $ Lenox

City of Lilburn Preservation and improvement of the community's green $ space and downtown revitalization program in the City of Lilburn

City of Lithonia Restore or replace the recreational facilities at the $ existing city park in City of Lithonia

City of LoganvilleMain Street downtown sidewalk renovation project in $ the City of Loganville

City of Ludowici Purchase a police car for the city of Ludowici

$

City of Lyons Paving for additional parking spaces at the Lyons $ Recreation Department in City of Lyons

City of Macon Funds for walking trails, picnic areas at the Freedom $ Park Complex in the City of Macon

City of Macon Provide funds for sterilization program at the City of $ Macon's Animal Shelter

City of Macon

Contract for services with Middle Georgia Tennis $ Academy for after school tennis and tutorial program in the City of Macon

City of Macon Funding for the Bartlett Crossing Literacy and gang $ prevention program in the City of Macon

City of Macon Provide funds for the Mosely Women's Center for $ operations in the City of Macon

City of Macon Funding for the Tubman African American Museum $ expansion project in the City of Macon

5,000 20,000 15,000 10,000
5,000 5,000 10,000 5,000 25,000 5,000 20,000
5,000 50,000 50,000

MONDAY, MARCH 24, 2003

1357

City of Macon Provide funds for the Museum of Arts and Sciences in $ the City of Macon

City of Marietta Support "Gone with the Wind" Movie Memorabilia $ Museum in the City of Marietta

City of Marietta Purchase and install security cameras in Marietta Middle $

Board of

School

Education

City of McDonough

Purchase Breathing Air Compressor for City of $ McDonough Fire Department

City of McRae Purchase playground equipment for park in the City of $ McRae

City of Meansville

Construction of building to house fire truck for the City $ of Meansville

City of Meigs Construct a walking track in the City of Meigs

$

City of Menlo Improvements to sidewalks, streets, and park in City of $ Menlo

City of Metter Implementation of 911 service in the City of $ Metter/Candler County

City of Midville Contract for services with the Midville Community $ Development and Outreach Center in the City of Midville

City of Milan Renovations to City of Milan Community Center

$

City of Milledgeville

Funding for the Baldwin/Oconee River Greenway $ Project in the City of Milledgeville

City of Milledgeville

Purchase Case 590 backhoe for the City of Milledgeville $

City of

Purchase generator for the City of Milledgeville

$

Milledgeville

50,000 10,000 20,000
15,000 15,000 10,000 10,800 20,000 10,000 10,000
10,000 10,000 30,000 30,000

1358

JOURNAL OF THE HOUSE

City of Milledgeville

Funding to automate meter reading system in the City of $ Milledgeville

City of Milledgeville

Funds for programs at Boys and Girls Club in the City of $ Milledgeville

City of Milledgeville

Purchase chemical protective suits for the City of $ Milledgeville Fire Department

City of Mitchell Funds to complete City of Mitchell Depot Restoration $ Project

City of

Assist in reroofing Montezuma City Hall

$

Montezuma

City of

Replace roof of Montezuma City Hall

$

Montezuma

City of Monticello

Provide partial funding for playground equipment at $ Funderburg Park in the City of Monticello

City of Monticello

Funding for the City of Monticello's Funderburg Park $ Project

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

City of Mount Central heating and air conditioning for the Northside $

Vernon

Community Center project in the City of Mount Vernon

City of Nahunta Construction improvement and equipment at City Hall in $ the City of Nahunta

City of Nashville Completion of phase 2 universally accessible playground $ in the City of Nashville

City of Newnan Purchase of hazardous material equipment for City of $ Newnan Fire Department

8,000 6,000 11,000 20,000 20,000 40,000 8,000 8,000 5,000 5,000 5,000 10,000 20,000 5,000

MONDAY, MARCH 24, 2003

1359

City of Newnan City of Newnan Downtown Economic Development $ Project

City of Newnan Achievers International Programs in the City of Newnan $

City of Norman Purchase police department K-9 vehicle for the City of $

Park

Norman Park

City of Norman Replace tanker truck tank for the Norman Park $

Park

Volunteer Fire Department in the City of Norman Park

City of Ocilla Repair poor acoustics in the Community House at the $ City of Ocilla

City of Odum Purchase equipment for the City of Odum

$

City of Oxford Enhancement of city park adjacent to City Hall in the $ City of Oxford

City of Palmetto Provide recreation equipment for the City of Palmetto $

City of Patterson Funds to pay for clean up of hazardous spill in City of $ Patterson

City of Patterson Purchase office equipment for the City of Patterson

$

City of Pearson Safety and facility enhancement for sports/recreation in $ City of Pearson

City of Pearson Purchase street and road maintenance equipment for the $ City of Pearson

City of Pelham Purchase of van for first respondent fire fighters in City $ of Pelham

City of Pembroke Provide funding for old jail restoration in the City of $ Pembroke

City of Pembroke Old Jail Welcome Center restoration in the City of $ Pembroke

20,000 20,000 10,000 10,000 10,000 5,000
6,000 10,000 10,000 5,000 12,000 5,000 15,000 10,000 10,000

1360

JOURNAL OF THE HOUSE

City of Pembroke Restore the interior of the historic downtown theater in $ the City of Pembroke

City of Perry

Provide funds to Upton Perry Partnership for the Big $ Indian Creek Development in the City of Perry

City of Perry

Replacement and installation of ballfield lighting at $ Rozar Park in the City of Perry

City of Pine Lake Repairs to City Hall and paving of parking lot in the City $ of Pine Lake

City of Pine Lake Purchase maintenance equipment for the City of Pine $ Lake

City of Pine Lake Purchase equipment,software and provide training for $ GCIC compliance in the City of Pine Lake

City of Pinehurst Purchase a maintenance truck for the City of Pinehurst $

City of Pineview Purchase water tank, pump house and a building for the $ City of Pineview Fire Department

City of Pitts

Repair of gymnasium floor in recreation complex in the $ City of Pitts

City of Plains Repairs to City of Plains wastewater treatment plan

$

City of Plains Refurbishment of railcar for the City of Plains

$

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

City of Quitman New gym floor for the City of Quitman Recreation $ Department

City of Quitman Athletic equipment for the City of Quitman Recreation $ Department

10,000 50,000 50,000 20,000 15,000 15,000 15,000 10,000 10,000 30,000 15,000 10,000
5,000 15,000 10,000

MONDAY, MARCH 24, 2003

1361

City of Reidsville Purchase fire truck for City of Reidsville

$

City of Reidsville Plan and upgrade airport facilities in City of Reidsville $

City of Richland Provide funding for the downtown Street Scape Project $ for the City of Richland

City of Richland Renovations of downtown City of Richland for the Street $ Scape Project

City of Riverdale Funds to purchase playground equipment in the City of $ Riverdale

City of Rochelle Removal of abandoned hazardous tank located in the $ center of the City of Rochelle

City of Rochelle Purchase van for senior citizen center in the City of $ Rochelle

City of Rockmart Purchase equipment for the City of Rockmart Civic $ Auditorium

City of Rockmart Improvements to the little league field and equipment in $ the City of Rockmart

City of Rockmart Purchase equipment for the City of Rockmart Fire $ Department

City of Rome Funding for sewer installation in the City of Rome

$

City of Rome Repairs to Rome Little Theater in the City of Rome

$

City of Rome

Purchase a handicap van for the Network Day Service $ Center in the City of Rome

City of Rome

Restoration funds for the Historic Clock and Tower in $ the City of Rome

City of Rome

Contract for services with National Creative Society for $ children's service programs in City of Rome

City of Rome

Funds for after-school mentoring program for 100 Black $ Men of Rome

10,000 25,000 20,000 10,000 10,000 10,000 20,000
5,000 25,000 10,000 15,000 15,000 20,000 20,000 20,000 10,000

1362

JOURNAL OF THE HOUSE

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 $ 10,000 Recreation Department

City of Sardis Purchase surveillance cameras for the City of Sardis $ Police Department

5,000

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 $ 10,000 Neighborhood Association in the City of Savannah

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 $ 54,480 Development (CCYD) program in the City of Savannah

City of Savannah Renovation and construction of residential cottages at $ 40,000 Greenbriar Children's Center in the City of Savannah

City of Savannah Renovations to the drivers' license facility in the City of $ 270,000 Savannah

MONDAY, MARCH 24, 2003

1363

City of Savannah Savannah Association for the Blind

$

City of Screven Equipment purchase for the City of Screven

$

City of Shellman Renovation to the health clinic in the City of Shellman $

City of Smyrna Complete Veterans' Memorial in the City of Smyrna $

City of Social Refurbish concession stand building and pavilion at $

Circle

Stephens Park in the City of Social Circle

City of Soperton Provide funding for construction of commuter parking $ lot in the City of Soperton

City of Soperton Renovation of recreation park facilities in the City of $ Soperton

City of Stillmore Beautification project in the City of Stillmore

$

City of

Park improvements in the City of Stockbridge

$

Stockbridge

City of Stone Mountain

ART Station program in the City of Stone Mountain $

City of Stone Mountain

Purchase equipment and software for the City of Stone $ Mountain

City of Stone Mountain

Contract for services with ART Station, Inc. in the City $ of Stone Mountain for facility renovation

City of Summerville

Purchase of AED for the City of Summerville Fire $ Department

City of

Downtown development for the City of Swainsboro $

Swainsboro

City of

Renovations to City of Swainsboro City Hall

$

Swainsboro

City of Swainsboro

Repairs, renovations and equipment for Emanuel County $ Arts Center in the City of Swainsboro

20,000 5,000 10,000 35,000 5,000 15,000 15,000 2,500 40,000 25,000 25,000 10,000 3,500 20,000 10,000 5,000

1364

JOURNAL OF THE HOUSE

City of Swainsboro

Improvements to recreation complex in City of $ Swainsboro

City of Swainsboro

Repairs, renovations and supplies for animal shelter in $ City of Swainsboro

City of Sycamore Improve lots and deteriorating buildings in the City of $ Sycamore

City of Sylvania Renovation of community center for the City of Sylvania $

City of Sylvania Repair to community center in the City of Sylvania

$

City of Sylvester Renovation and improvements to Jeffords Park in the $ City of Sylvester

City of Talbotton Smith Hill Community Improvement Project and $ realignment of Smith Hill Road/Highway 80 intersection in the City of Talbotton

City of Talbotton Landscaping and park equipment for Kiddie Park in the $ City of Talbotton

City of

Recreation funds for the City of Tallapoosa

$

Tallapoosa

City of Tallapoosa

Purchase equipment for Haralson County Historical $ Museum in the City of Tallapoosa

City of Tallapoosa

Funds to construct a flag pole at the Scout House in the $ City of Tallapoosa

City of Tallulah Repair and correct water lines in the City of Tallulah $

Falls

Falls

City of Temple Recreation department projects for the City of Temple $

City of Tennille Funding for improvements to recreation facilities in the $ City of Tennille

City of Tennille Equipment purchase for the City of Tennille

$

City of

Purchase First Response Vehicle for the Medical $

15,000 5,000
10,000 10,000 35,000 10,000 10,000
5,000 20,000 5,000 2,000 10,000 10,000 10,000 5,000 20,000

MONDAY, MARCH 24, 2003

1365

Thunderbolt

Emergency Program for the City of Thunderbolt Fire Department

City of Thunderbolt

Contract for services with the Thunderbolt Museum $ Society in the City of Thunderbolt

City of Tifton Construction of water line in the City of Tifton

$

City of Tifton Repairs, improvements and equipment for historic $ downtown Tift Theater in City of Tifton

City of Tifton Utility project for the City of Tifton

$

City of Twin City Purchase of equipment for fire department in the City of $ Twin City

City of Ty Ty Improvements to central city park area in the City of $ TyTy

City of Tybee Construction of a pedestrian park in the City of Tybee $

Island

Island

City of Tybee Tybee Island Recreation Feasibility Study

$

Island

City of Unadilla Renovation of old city buildings on Front Street in $ downtown City of Unadilla

City of Valdosta Maintenance and repairs for Valdosta/Lowndes County $ Arts Commission

City of Valdosta Repairs to Lowndes County Historical Society

$

City of Valdosta Purchase furniture, equipment and supplies for Southside $ Library in Valdosta

City of Valdosta Contract for services with the Valdosta Food Bank

$

City of Valdosta Contract with Valdosta Boys and Girls Club for after $ school programs in the City of Valdosta

City of Valdosta Community Based Children's Advocacy Center in the $ City of Valdosta

10,000 15,000 5,000 36,000 10,000 5,000 35,000 25,000 15,000 5,000 3,000 5,000 10,000 5,000 10,000

1366

JOURNAL OF THE HOUSE

City of Valdosta Contract with LAMP, Inc. to provide transitional $ housing program for women and children in the City of Valdosta

City of Valdosta Renovation to City of Valdosta's Oldest House, the $ Robert House

City of Valdosta Purchase books and equipment for the South Georgia $ Regional Library in the City of Valdosta

City of Vidalia Improvements to walking trail at the Ed Smith Complex $ in Vidalia County

City of Villa Rica Recreation department projects for the City of Villa Rica $

City of Wadley Equipment purchase for the City of Wadley Volunteer $ Fire Department

City of Wadley Purchase truck and equipment for the City of Wadley $

City of Wadley Purchase a trash truck for the City of Wadley

$

City of

Purchase supplies for the Walthourville Summer $

Walthourville Enrichment Program in the City of Walthourville

City of Warner Operation of the Air Force Museum in the City of $

Robins

Warner Robins

City of Warwick Purchase radio and law enforcement equipment for $ police vehicles for the City of Warwick

City of Washington

Contract for services with Washington/Wilkes Family $ Connection for Jump Start Early Intervention Program in the City of Washington

City of Watkinsville

Landscape the Hershel B. Harris Garden and Harris $ Shoals Park in the City of Watkinsville

City of Waycross Renovations and restoration to the Ritz Theater in the $ City of Waycross

City of Waycross Purchase computers for the Drug Action Council's Weed $ and Seed Program in City of Waycross

5,000
15,000 20,000
5,000 10,000
5,000 10,000 4,000
7,300 90,000
5,000 10,000
5,000 10,000
2,500

MONDAY, MARCH 24, 2003

1367

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

Purchase playground equipment for the city Kiddie Park $ 10,000

Willacoochee in the City of Willacoochee

City of Woodland

Safety improvements to City Park in the City of $ 10,000 Woodland

City of Wrightsville

Improvements to West View Cemetery in the City of $ 10,000 Wrightsville

City of Wrightsville

Purchase equipment for fire department in the City of $ 15,000 Wrightsville

City Of Cave Springs

Funding for street and sewer construction in the City of $ 15,000 Cave Springs

City Of White Purchase volunteer fire department supplies for the City $ of White

9,000

Clark County

Northeast Georgia Regional Center for Independent $ 107,540 Living in Clark County

Clay County

Planning, mapping, addressing, and implementing of $ 15,000 enhanced 911 system in Clay County

Clayton County Athletic equipment, fine arts program and band $

Board of

programs for North Clayton High in Clayton County

Education

5,000

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

1368

JOURNAL OF THE HOUSE

Clayton County Athletic equipment, fine arts program and band $

Board of

programs for North Clayton Middle School in Clayton

Education

County

Clayton County 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 PTA in Clayton County

Education

Clayton County Support school operations resources for Jonesboro High $

Board of

School PTA 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 PTA in Clayton County

Education

Clayton County Support school operation resources for Adamson Middle $

Board of

School PTA in Clayton County

Education

Clayton County Support school operation resources for the Jonesboro $

Board of

Middle School PTA in Clayton County

Education

5,000 5,000 1,000 1,000 4,000 1,000 1,000 1,000 1,000 1,000 1,000

MONDAY, MARCH 24, 2003

1369

Clayton County Enhancements for Jesters Creek Trail in Clayton County $

Clayton County Park enhancements in East Clayton County

$

Clayton County Support operation resources for Morrow High School in $

Board of

Clayton County

Education

Clayton County Technology improvements for Carrie D. Kendrick $

Board of

Middle School in Clayton County

Education

Clayton County Purchase books and technology for Pointe South $

Board of

Elementary in Clayton County

Education

Clayton County Purchase 15 passenger van for Rainbow House $ Emergency Shelter in Clayton County

Clayton County Purchase training tools, safety and office equipment for $ the Forest Park Athletic Assn. in Clayton County

Clayton County Operating funds and HUD match for Calvary Refuge in $ Clayton County

Clayton County Purchase software and peripherals for the Riverdale $

Board of

Elementary School in Clayton County

Education

Clayton County Replace playground equipment at Brown Elementary $

Board of

School in Clayton County

Education

Clayton County Weight room modifications and weight room equipment $

Board of

at Lovejoy High School in Clayton County

Education

Clayton County Support school operation resources for Mt. Zion $

Board of

Elementary PTA in Clayton County

Education

Clayton County Provide a food pantry and help center through the $ Clayton County Commission

25,000 25,000 1,000 5,000 5,000 10,000 10,000 30,000 5,000 10,000 10,000 1,000 10,000

1370

JOURNAL OF THE HOUSE

Clayton County Provide for computer and research equipment for $ Evening High School in Clayton County

Clayton County Repairs and Renovations of the Clayton County $

Board of

Alzheimer Center

Commissioners

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

Clayton County Repairs and renovation of athletic fields at Forest Park $

Board of

High School in Clayton County

Education

Clayton County Funds to continue program goals for the Youth $

Board of

Empowerment Project in Clayton County

Commissioners

Clayton County Funds for computer and research equipment for Morrow $ High School in Clayton County

Clayton County Purchase computer and research equipment for North $ Clayton High School in Clayton County

Clayton County Funds for computer and research equipment for Mt. Zion $ High School in Clayton County

Clayton County Provide for an after-school intervention program in $ Clayton County

Clayton County Funds for computer equipment for Jonesboro High $ School in Clayton County

Clayton County Funds for computer and research equipment for Lovejoy $ High School in Clayton County

Clayton County Provide for computer and research equipment for $ Riverdale High School in Clayton County

Clayton County Funds for computer and research equipment for Forest $ Park High School in Clayton County

10,000 25,000
25,000
20,000
25,000
10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000

MONDAY, MARCH 24, 2003

1371

Clayton County Purchase band uniforms for Mundy's Mill High School $

Board of

for Clayton County Board of Education

Education

Clayton County Purchase computer software for Clayton County Voter $

Voter

Registration Office

Registration

Clinch County Purchase computer and research resources for Huxford $ Genealogical Library in Clinch County

Cobb County

Install handicap ramps and handicap restroom upgrades $ for South Cobb Community Center in Cobb County

Chatham County Provide funds to the Community Cardiovascular Council $ for the Stroke and Heart Attack Prevention Program

Cobb County

Purchase of medical supplies for Smyrna Community $ Health Center in Cobb County

Cobb County

Funding for materials at Nickajack Elementary School in $ Cobb County

Cobb County

Funding for student uniforms at Pebblebrook High $ School in Cobb County

Cobb County

Funding for materials at Lindley Middle School in Cobb $ County

Cobb County

Construct a storage facility, batting cage and dugouts at $ Harrison High School in Cobb County

Cobb County

Construct facility for fast pitch program at Walton High $ School in the City of Marietta

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

Cobb County Board of Education

Fund position for bi-lingual family services coordinator $ at Birney Elementary School in Cobb County

20,000
18,700
15,000 16,500 15,000 12,000
1,000 6,000 2,000 14,500 50,000 15,000
5,000

1372

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
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 $ 10,000 Campbell Middle School in Cobb County

Purchase of lockers for the football field house at Kell $ 10,000 High School in Cobb County

Purchase and install security system at Campbell High $ 20,000 School for Cobb County Board of Education

MONDAY, MARCH 24, 2003

1373

Coffee County Assist in equipment for Wilsonville Volunteer Fire $ Commissioners District station in Coffee County

Coffee County Highway 441 Economic Development Council, $ Incorporated

Coffee County Construct volunteer fire station for the Wilsonville $ Commissioners community in Coffee County

Coffee County Purchase playground equipment for Nicholls Elementary $ School in Coffee County

Coffee County Board of Education

Purchase of mats and weights for Coffee Middle School $ in Coffee Board Of Education

Colquitt County Improvements in the Culbertson Community Volunteer $ Fire Department in Colquitt County

Columbia Board Athletic Improvements for Evans High School in $ of Education Columbia County

Columbia Board Technology improvements for Blue Ridge Elementary in $ of Education Columbia County

Columbia County Field improvements for Martinez Evans Little League in $ Columbia County

Columbia Count Outdoor classroom for the Westmont Elementary in $

Board of

Columbia County

Education

Columbia Count Athletic Improvements for the Greenbriar High School $

Board of

in Columbia County

Education

Columbia Count Athletic improvements for Lakeside High School in $

Board of

Columbia County

Education

Columbia County Sheriff's Office Summer Camp program in Columbia $ County

10,000 60,000 10,000 15,000 10,000
10,000 10,000
5,000 10,000
5,000
10,000
10,000
15,000

1374

JOURNAL OF THE HOUSE

Columbia County
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

Refurbish the historical Crawford Cemetery in Columbia $ County
Funding for the Positive Parenting/Play and Learn $ Together Program/ Teenage Parenting Program in Columbus/Muscogee County
Contract for services with Urban League of Greater $ Columbus for Youth Challenge Project

15,000 10,000 20,000

Contract for services with Columbus Community Central $ 25,000 for outreach program in Columbus

Contract for services with Port Columbus Civil War $ 100,000 Navel in Columbus/Muscogee County

Contract for services with the Boys and Girls Clubs of $ 120,000 Columbus for Columbus/Muscogee County

Contract for services with Metropolitan Columbus Task $ 20,000 Force for Columbus/Muscogee County

Contract for services with Combined Communities of $ 20,000 S.E. Columbus for tutorial program for at-risk youth

Contract for services with Community Health Center of $ 20,000 South Columbus, Inc.

Contract for services with Men of Action, Inc. for $ 15,000 programs at Farley Homes in Columbus

Athletic field renovations at North Gwinnett High $ 20,000 School in Gwinnett County

MONDAY, MARCH 24, 2003

1375

Columbus Consolidated Government

Contract with Two Thousand Opportunities Inc. to $ provide jobs for at-risk youth and startup businesses in Columbus

Columbus Consolidated Government

Contract with 100 Black Men of Columbus for youth $ mentoring program in the City of Columbus

Columbus Consolidated Government

Contract for services with Project Rebound for $ community based intervention program for students atrisk in Columbus

Columbus Consolidated Government

Recreation grant to assist with recruitment of youth and $ student activities for recreation department and South Commons/FCC, Inc. in Columbus

Columbus Consolidated Government

Provide Welcome Center in Columbus/Muscogee $ County

Columbus Consolidated Government

Contract with Kay Community Service Center for a $ sheltered workshop in Fort Valley

County of Emanuel

Upgrade rural fire departments in Emanuel County

$

Coweta Co

Enhance Coweta County's Adult Literacy Program

$

Board of

Education

Crawford County Contract with Boys and Girls Club of Peach County for $ building improvements in Crawford County

Crawford County Purchase equipment for volunteer fire department for $ Crawford County

Crawford County Purchase furniture for new Crawford County Courthouse $

Crawford County Purchase of ambulance and renovations to EMS $ headquarters in Crawford County

65,000 15,000
5,000 50,000 10,000 48,000 10,000 10,000
5,000 6,500 15,000 35,000

1376

JOURNAL OF THE HOUSE

Crawford County Aid in construction costs for the completion of the $ Commission Crawford County Courthouse

Crisp County

Assist in constructing a monument at the Friends of $ Georgia Veterans' Memorial State Park

Crisp County Commission

Renovation of a county building to be used to start $ classes at Darton College in City of Cordele

Dade County

Construction of Veterans' Memorial Park in Dade $ County

Decatur County Renovation of building for crime scene processing $ laboratory in Decatur County

Decatur County Renovation of building for crime scene processing $ laboratory in Decatur County

Decatur County Purchase fire fighting equipment for Decatur County $

Decatur County Purchase pick up truck for the Decatur County Sheriff's $ Department Deputy Auxiliary Force

Decatur County Construct an additional building for the Fowlstown Fire $ Department in Decatur County

Decatur County Crime Scene Processing building in Decatur County $

Dekalb County To provide funds for services to the SHARE Inc.

$

Dekalb County Contract for services with Oakhurst Medical Center for a $ Stroke, Diabetes Education/prevention program in DeKalb County

Dekalb County Lighting for Shoal Creek Park on McAfee Drive in $ DeKalb County

Dekalb County To provide funds for the South Dekalb Youth Choir $

Dekalb County Neighborhood Clean/Beautiful Programs for White Oak $ Hills and Midway Woods Neighborhood Association in DeKalb County

25,000 50,000 10,000 20,000 10,000
6,000 10,000 10,000
1,000 16,000 15,000 15,000
10,000 15,000 2,000

MONDAY, MARCH 24, 2003

1377

Dekalb County Fund Delta Life Development Center Programs in $ Dekalb County
Dekalb County Funding for Life Skills for Tomorrow Program in $ Dekalb County
Dekalb County Provide funding for Leadership Academy in Dekalb $ County
Dekalb County Funding for playground for Brookrun Park in Dekalb $ County
DeKalb County Renovation and outdoor lighting for Briarwood $ Recreation Center in DeKalb County
DeKalb County Fill in dangerous ditches and sidewalk construction on $ LaVista Road in unincorporated DeKalb County from Atlanta City line to Citadel Road
DeKalb County Re-engineer dangerous intersection Briarcliff Road, $ Johnson Road and Zonolite Road in DeKalb County
DeKalb County Contract for services with the Push Push Theater of $ DeKalb County
DeKalb County Contract for services with IAM, Inc. for after-school $ tutoring/mentoring program in DeKalb County
DeKalb County Improvements to Rock Chapel Park in DeKalb County $
DeKalb County Purchase of art supplies for youth programs for $ Conyers/Rockdale Council for the Arts in Rockdale County
DeKalb County Restore and protect Burnt Fork Creek and its watershed $ in DeKalb County
DeKalb County Contract for services with Bethel Enterprises, Inc to $ provide after school tutoring/mentoring program in DeKalb/Rockdale County

35,000 50,000 80,000 50,000 10,000 20,000
10,000 10,000
5,000 8,500 7,000
5,000 4,500

1378

JOURNAL OF THE HOUSE

DeKalb County Purchase band instruments for students at Stoneview $

Board of

Elementary School in DeKalb County

Education

DeKalb County Program assistance for Browns Mill Park/DeKalb $ Yellow Jacket Football/Cheerleading Programs in DeKalb County

DeKalb County Contract with Robert Shaw Theme School for summer $

Board of

program in DeKalb County

Education

DeKalb County Contract for services with the Frazer Center in DeKalb $ County

DeKalb County Building and grounds improvements for Murphey $ Candler

DeKalb County Field renovation for girls softball field at Murphey $ Candler Park in DeKalb County

DeKalb County Board of Education

Purchase library books for Hambrick, Idlewood, Stone $ Mill, Shadow Rock, Pine Ridge, Redan, Wynnebrooke, Stephenson Middle, Stephenson High School, Stone Mountain High School, and Smoke Rise in DeKalb County

DeKalb County Contract for service with South DeKalb Improvement $ Initiative for senior adult services in DeKalb County

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

DeKalb County Contract with Georgia Community Support and $ Solutions for services to emotionally disturbed children in DeKalb County

5,000 10,000
5,000 30,000
5,000 5,000 11,000
20,000 15,000
44,000

MONDAY, MARCH 24, 2003

1379

DeKalb County Provide for comprehensive youth service program in $ Scottdale Community in DeKalb County

DeKalb County Assist PTA honors programs at Snapfinger, Woodridge $

Board of

and Rainbow Elementary Schools in DeKalb County

Education

DeKalb County Assist PTA with honors programs at Rowland, Atherton $

Board of

and Canby Lane Elementary Schools in DeKalb County

Education

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

DeKalb County Assist PTA repair and purchase band uniforms and $

Board of

instruments at Southwest DeKalb High in DeKalb

Education

County

DeKalb County Assist PTA to repair and purchase band uniforms and $

Board of

instruments for Columbia High School in DeKalb

Education

County

DeKalb County Assist PTA to repair and purchase band uniforms and $

Board of

instruments for Towers High School in DeKalb County

Education

DeKalb County Assist PTA organizations with honors programs at $

Board of

Browns Mill, Bob Mathis and Miller Grove Elementary

Education

Schools in DeKalb County

DeKalb County Contract for services with Black Women's Coalition of $ Atlanta for tutorial, education and after-school care programs in DeKalb County

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

DeKalb County Beautification grants for district homeowners in DeKalb $ County

15,000 2,000 1,500 1,500 6,000 6,000 6,000 1,500
20,000 1,000
30,000

1380

JOURNAL OF THE HOUSE

DeKalb County Contract for services with Wonderland Gardens in $ DeKalb County

DeKalb County Beautification projects at Worthington, Autumn Hills, $ Emerald Estates, and Springwood communities in DeKalb County

DeKalb County Beautification projects at Pendley Hills, Sherrington, $ Spring Valley, and The Crossing communities in DeKalb County

DeKalb County Beautification projects at Easterwood, Columbia Valley, $ Columbia Crossing, and Glenwood communities in DeKalb County

DeKalb County Beautification projects at Glen Mar, Leisure Valley, $ Hidden Hills, and Rainbow Creek communities in DeKalb County

DeKalb County Beautification projects at Leslie Estates, Sherwood Oaks, $ Hunters Hill, and Wyndam Park communities in DeKalb County

DeKalb County Arts Station Summer Program in DeKalb County

$

DeKalb County Provide a customer service institute for Victory Outreach $ Empowerment Program in Dekalb County

DeKalb County Improve Civic Club building in Dekalb County

$

DeKalb County Purchase landscaping supplies and gate for Dekalb $ County Civic Association

DeKalb County Provide funding for Dekalb County Computer Literacy $ Program

DeKalb County Funding for KHADIJALAND operating expenses in $ Dekalb County

DeKalb County Purchase athletic equipment for the disabled youth of $ Dekalb County

20,000 4,000
5,000
6,000
4,000
4,000
15,000 20,000 15,000
7,200 10,000 20,000 10,000

MONDAY, MARCH 24, 2003

1381

DeKalb County Construction of playground at BrookRun in DeKalb $ County

DeKalb County

Beautification projects for Hidden Hills, Meadows, $ Southland, Mountain, Deer Creek, Fontaine, Fontaine East, and PTA enhancements for Redan, Miller Grove and Stevenson High School in DeKalb County

DeKalb County Coalition of Concerned Africans, Inc. in DeKalb County $

Dodge County Equipment money for the Plainfield fire department in $ Dodge County

Dodge County Dodge County Courthouse renovation

$

Dodge County Board of Education

Bus driver break room improvement for Dodge County $ Board of Education

Dooly County Dooly County Recreation Department for maintenance $ and operation

Dooly County Replace fire truck for City of Byromville in Dooly $ County

Dougherty County

Contract for services with Dougherty County $ Community Coalition for senior day care in Dougherty County

Dougherty

Contract for services with South Albany Family $

County

Enrichment Center to encourage business growth and

Commissioners development in Dougherty County

Dougherty County Commissioner

Shelter and feed the homeless at Zion's Outreach $ Program in Dougherty County

Douglas County Establish an emergency operations center for new $ Douglas County EMA

Douglas County Thermal Imaging Camera for the Douglas County Fire $ Department

15,000 10,000
5,000 3,000 5,000 3,000
10,000 30,000 10,000
5,000
5,000
7,000 10,000

1382

JOURNAL OF THE HOUSE

Douglas County Summer remediation program for Douglas County $

Board of

middle school students

Education

Douglas County Purchase food and other supplies for Douglas County $ Food Bank

Douglas County Purchase equipment for the Douglas County $

Board of

Government Access Channel

Commissioners

Douglas County Improve playground equipment for Eastside Elementary $ School System in Douglas County

Dublin City Board of Education

Renovation of bathroom facilities at Shamrock Bowl in $ the City of Dublin

Dublin City Board of Education

Purchase band uniforms for Dublin High School for the $ Dublin City Board of Education

Dublin City Board of Education

Purchase band uniforms for Dublin High School in City $ of Dublin

Dublin/Laurens County Recreation Authority

Lighting for fields for Dublin Recreation Authority

Laurens County $

City of Eastman Funds for the Boys and Girls Club for the City of $ Eastman

Early County Commission

Fund expenses associated with seeking a power $ generating plant for the Economic Development Authority in Early County

Eastman/Dodge Construction project for Eastman/Dodge Development $ Development Authority Authority

10,000 20,000 20,000 10,000
5,000 10,000 10,000
5,000
12,000 25,000 25,000

MONDAY, MARCH 24, 2003

1383

Eatonton City Funding to further enhance the Alice Walker Street $

Council

Project in the City of Eatonton

Echols County Purchase eleven air pacs for the Echols County $ Volunteer Fire Department

Effingham County

Playground equipment for Clyo Community Park in $ Effingham County

Effingham

Furniture for new Ebenezer Middle School in Effingham $

County Board of County

Education

Effingham County Board of Education

Sand Hill Elementary School playground equipment for $ disabled in Effingham County

Effingham

Funding for Veterans' Park in Effingham County

$

County

Effingham County

Construction of Veterans' Park in Effingham County $

Emanuel County Equipment and supplies for Franklin Memorial Library $ in Emanuel County

Emanuel County Improvements to the Emanuel County Courthouse

$

Evans County Enhancements to Industrial Park in Evans County

$

Evans County Provide for industrial park landscaping for Claxton in $ Commission Evans County

Evans County Board of Education

Funds to rehabilitate school building for Evans County $ Board of Education

Fannin County Provide crew from Union C.I. to maintain park and $ clean bank area in Fannin County

Fannin County Park amenities to include restrooms and roads to $ ballpark in Fannin County

10,000 15,000 15,000 10,000
10,000
20,000 10,000 10,000 20,000 10,000 10,000 10,000
25,000 30,000

1384

JOURNAL OF THE HOUSE

Fannin County Board of Education

Purchase educational supplies for West Fannin $ Elementary in Fannin County

Fannin County Board of Education

Purchase gravel to extend parking for Fannin County $ Head Start program

Fayette County Funds supporting the Foundation de Manana program in $ Fayette County

Floyd County Construction of access road to the new Pirelli Plant in $ the Floyd County

Floyd County Provide driveway accessibility for ASL Archer Co Plant $ in Floyd County

Floyd County Provide funds for education program at Chieftains $ Museum in Floyd County

Floyd County Provide language programs to the Latin/Hispanic $ population at Floyd College in Floyd County

Floyd County Fund expenses and equipment at Camp Good Times in $ Floyd County

Floyd County Fund video production project at Coosa High School in $ Floyd County

Floyd County Board of Education

Construct a multi-purpose "Classroom in the Wild" $ building at Coosa Middle School in Floyd County

Floyd County Board of Education

Outdoor activities project at the Pepperell Middle $ Schools in Floyd County

Floyd County Board of Education

Construct memorial athletic field for 4th and 5th graders $ at Pepperell Elementary in Floyd County

Forsyth County Renovation of the Forsyth County Chamber of $ Commerce

10,000 5,000
10,000 25,000 20,000 15,000 25,000 15,000 10,000 12,500 25,000 10,000 25,000

MONDAY, MARCH 24, 2003

1385

Forsyth County Funding for school programs in Forsyth County

$

Franklin County Franklin County Recreation Park

$

Franklin County Paving for Franklin County High School Agriculture $

Board of

Center

Education

Franklin County Building and equipment for Red Hill, Bold Springs, $ Double Churches, Five Acre, Lyons and Sandy Cross Fire Departments in the Franklin County

Franklin County Building and equipment for Red Hill, Bold Springs, $ Double Churches, Five Acre, Lyons, and Sandy Cross Fire Department in Franklin County

Fulton County Construction of an outdoor environmental classroom at $ Abbots Hill Elementary School in Fulton County

Fulton County Purchase of computers and software for the Harriett G. $ Darnell Multi-purpose facility in Fulton County

Fulton County Contract for services with Quality Living Services, Inc. $ in Fulton County

Fulton County Funds for "Listen Up", a drug prevention and education $ program in Fulton County

Fulton County Funding for ceiling repair of the Kappa Omega $ Foundation facility in the City of Atlanta

Fulton County Provide computer and research equipment for Creekside $ High School in Fulton County

Fulton County Provide funding for the KidsGym USA program in $ Fulton County

Fulton County Board of Education

Development of an outdoor classroom for Roswell North $ Elementary School in Fulton County

25,000 15,000 10,000
20,000
10,000
15,000 25,000 45,000 25,000 60,000 10,000 25,000 10,000

1386

JOURNAL OF THE HOUSE

Fulton County Board of Education

Outdoor classroom at the Taylor Road Middle School in $ Fulton County

Fulton County Board of Education

Contract with Connection, Inc. for victory over violence $ activities in south Fulton County schools

Fulton County Board of Education

Create science lab at Finidley Oaks Elementary School $ in Fulton County

Fulton County Board of Education

Contract with K.I.D.D.S. Dance Project, Inc. in Fulton $ County

Glascock County Complete renovation of courthouse annex in Glascock $ County

Glynn County Installation of outdoor lighting for the Animal Control $ facility in Brunswick

Glynn County Animal Control facility parking lot lighting for Glynn $

Board of

County

Commissioners

Grady County

Construct new cover for Thomas/Grady County Mental $ Health Center for handicapped recreational outdoor pavilion in Grady County

Grady County Renovation and improvements to Wayside Community $ Center in Grady County

Grady County Building construction and equipment purchases for the $ Midway Fire Department in Grady County

Grady County Board of Education

Funds to enhance tennis courts, add lights and make $ other improvements to the softball field at the Cairo High School in Grady County

Greene County Equipment and display cases at Abram Colby Decorative $ Arts Gallery in Greene County

15,000 10,000 15,000 10,000 10,000
5,000 5,000 10,000 10,000 10,000 10,000 2,000

MONDAY, MARCH 24, 2003

1387

Greene County Renovation of historic old jail in Greensboro for $ museum in Greene County

Greene County Feasibility study to determine healthcare system options $ for Greene, Morgan, Putnam Region

Greene County Funding for old jail restoration project in Greene County $

Gwinnett Community Foundation

Provide funds to allow Aurora Theater performances in $ elementary schools in Gwinnett County

Gwinnett County Athletic Department stadium project at Grayson High $

Board of

School in Gwinnett County

Education

Gwinnett County Contract for services with Creative Enterprises for $ construction of Phase II Expansion of the Day Habilitation Program in Gwinnett County

Gwinnett County Renovation of Athletic facilities at Duluth High School $

Board of

in Gwinnett County

Education

Gwinnett County Creative Enterprises

$

Gwinnett County Asphalt walking track around playground at Mountain $ Park Elementary School in Gwinnett County

Hall County Create walking trail in Tadmore Park in Hall County $

Hall County Board of Education

Playground equipment for White Sulphur Elementary $ School in Hall County

Hancock Board Purchase a vehicle and equipment for East Lake Sinclair $

of

Fire Department in Hancock County

Commissioners

Hancock County Funds needed to purchase firefighting equipment and $ supplies for Sparta/Hancock County Fire Department

15,000 10,000 10,000 10,000
5,000
25,000
20,000
50,000 20,000 15,000 10,000
10,000
10,000

1388

JOURNAL OF THE HOUSE

Hancock County Develop hydroponic garden at M.E. Lewis Elementary in $

Board of

Hancock County

Education

Haralson County Contract services for Family Connections Haralson $ County

Haralson County Contract services for Lamp Program in Haralson County $

Haralson County Recreation funds for Haralson County Recreation $ Department

Haralson County Fund programs and curriculum for Haralson County $ Family Support Programs

Haralson County Fund programs and curriculum for Haralson County $ Family Connection

Haralson County Purchase athletic equipment for Haralson County High $ School

Hart County Paving for Hart County Public Safety Training facility $

Hart County

Emergency equipment (defibrillator) for Hart County $ Fire Department

Heard County Recreation department projects for Heard County

$

Heard County

Purchase bullet proof vests for every law enforcement $ officer in Heard County Sheriff's Department and City of Franklin Police Department

Heard County Board of Education

Purchase two computer labs at Centralhatchee and $ Ephesus Elementary Schools in Heard County

Heart of Georgia Provide youth programs and air show at the Heart of $ Airport Authority Georgia Airport Authority

Henry County General repair and maintenance of shelter facilities at A $ Friend's House in Henry County

4,000
25,000 25,000 20,000 7,000 7,000 10,000 10,000 8,000 15,000 20,000
15,000
10,000 10,000

MONDAY, MARCH 24, 2003

1389

Henry County Purchase office equipment for Henry County Sheriff's $

Board of

Office

Commissioners

Henry County Board of Education

Purchase new books for Austin Road Middle School $ Library in Henry County

Henry County Board of Education

Purchase books and other media items for Union Grove $ High School in Henry County

Henry County Board of Education

Purchase books and other media items for Cotton Indian $ Elementary in Henry County

Henry County Board of Education

Purchase equipment for the Health/Physical Education $ Department at Austin Road Middle School in Henry County

Houston County Contract for services with Kid's Journey in Houston $

Board of

County

Education

Houston County Materials and supplies for the Houston County Library $

Houston County Purchase equipment for the Henderson Volunteer Fire $ Department in Houston County

Houston County Contract for services with Family Counseling Control of $ Central Georgia in Houston County

Houston County Purchase piano for the Fine Arts Department at Houston $

Board of

County High School

Education

Irwin County

Repair to gymnasium in the recreation complex in Irwin $ County

Irwin County

Upgrade inventory of books for the Irwin County $ Library

7,500 5,000 5,000 5,000 5,000 5,000 25,000 25,000 15,000 14,000 10,000 10,000

1390

JOURNAL OF THE HOUSE

Irwin County

Repair and upkeep of Civil War Memorial located on $ courthouse square in the City of Ocilla

Irwin County Board of Education

Construction of physical education room for wrestling, $ cheerleading and band activities for the Irwin County High School

Jackson County Purchase of equipment for Plainview Fire Department in $ Jackson County

Jackson County Purchase of equipment for the Jackson County Volunteer $ Rescue

Jackson County Construction of homeland security building for the $ Jackson County Fire Department

Jasper County Board of Education

Lighting for high school baseball/softball fields in Jasper $ County

Jeff Davis

Purchase playground equipment for parks in Jeff Davis $

County

County

Commissioners

Jeff Davis

Purchase equipment for food processing facility at Jeff $

County Board of Davis High School in Jeff Davis County

Education

Jeff Davis County

Create film and video library at Hazelhurst/Jeff Davis $ County Museum

Jeff Davis County

Assist Jeff Davis County with economic development $

Jefferson County Provide funding for tourism for Jefferson County $ Economic Development Authority

Jefferson County Funds to purchase a surplus vehicle for the Jefferson $ County Coroner's Office

Jefferson County Purchase signs for Jefferson County High School and $ School System Sandersville Technical College

5,000 10,000
15,000 20,000 15,000 35,000
15,000
5,000
10,000 25,000 25,000 1,500 12,500

MONDAY, MARCH 24, 2003

1391

Jenkins County Repair to the Jenkins County Library

$

Jenkins County Purchase and renovate theater building for Jenkins $ County DevelopmentAuthority

Jenkins County Complete construction of recreation building for $ Millen/Jenkins County Recreation Department

Jenkins County Funds to pave Health Department parking lot in Jenkins $ Commission County

Johnson County Purchase equipment, renovate and repairs at the Senior $ Citizen Center in Johnson County

Johnson County Rural fire department improvements and equipment $ purchases in Johnson County

Johnson County Renovation of recreation complex and purchase $ equipment in Johnson County

Johnson County Renovations to fire stations in Johnson County

$

Board of

Commissioners

Johnson County Paving project for the Johnson County Board of $

Board of

Education

Education

Jones County

Design and develop landscape beautification project at $ the Jones County Civic Center

Jones County

General operation of the Jones County Recreation $ Department

Jones County

Purchase firefighting equipment for fire tank in Jones $ County Volunteer Fire Department

Jones County Fund new recreation area for City of Haddock

$

Commission

Lamar County Lamar County Ag Expo Center

$

10,000 25,000 15,000
5,000 5,000 15,000 10,000 10,000
25,000
15,000 25,000
5,000 9,000 25,000

1392

JOURNAL OF THE HOUSE

Lamar County Purchase bullet proof vests for every law enforcement $ officer in Lamar County

Lamar County Crisis response vehicle/mobile command center for $ Lamar County Sheriff's Department

Lanier County Expansion of the Robert Simpson Nature Trail in Lanier $ County

Lanier County Band equipment for the Lanier County Schools

$

Board of

Education

Laurens County Three automatic entry and exit doors for Dublin Laurens $ County Library in Laurens County

Laurens County Purchase sexual abuse screening equipment for Stepping $ Stone program in Laurens County

Laurens County Construction of weight training room for Health $

Board of

Education at West Laurens High School in Laurens

Education

County

Laurens County Purchase band uniforms for West Laurens High School $

Board of

in Laurens County

Education

Laurens County Construction of T-Hangars at the airport in Laurens $ County

Laurens County Recreational equipment for Heart of Georgia Psycho $

Board of

Educational Services in Laurens County

Education

Laurens County Improvements for Cedar Grove Community Center in $ Laurens County

Lee County

Repair old fire station which is being converted to $ Redbone Library in Lee County

Lincoln County Building and equipment for the Loco Volunteer Fire $ Department in Lincoln County

15,000 40,000 10,000 6,000
5,000 25,000 10,000
10,000
5,000 5,000
10,000 16,000 10,000

MONDAY, MARCH 24, 2003

1393

Lincoln County Contruction of water line and infrastructure for Boy $ Commission Scout Camp in Lincoln County

Long County

Fire department equipment to include personal turn out $ gear for Long County

Long County

Purchase new car for the Long County Sheriff's $ Department

Long County Purchase new Sheriffs Department car in Long County $

Long County

Purchase protective gear for the volunteer fire $ department in Long County

Long County Provide new computer equipment in Long County

$

Lowndes County Purchase New Book Van for South Georgia Regional $ Library in Lowndes County

Lowndes County Purchase theater equipment for program through $ Valdosta State University in Lowndes County

Lowndes County Construction of the James Belk Youth and Teen Center $ at YMCA in Lowndes County

Lumpkin County Funding for homeless shelter in Lumpkin County

$

Madison County Pave parking lot at Madison County Fire Station

$

Marion County Funds to replace wood columns on Marion County $ Commissioners Courthouse

McIntosh County Purchase seventeen-passenger Ford Econovan for the $ Esther Project, Inc. in McIntosh County

Meriwether County

Construct a football field for Greenville High School in $ Meriwether County

Meriwether County

Purchase bullet proof vests for every law enforcement $ officer in Meriwether County

25,000 30,000 10,000 5,000
8,000 20,000 15,000 10,000 75,000 25,000 5,000 23,834 20,000 75,000 25,000

1394

JOURNAL OF THE HOUSE

Mitchell County Contract for services with Mitchell County Boys and $ Girls Club for Smart Moves pregnancy prevention program

Mitchell County Purchase new fire protection equipment for seven $ volunteer fire departments in Mitchell County

Monroe County School building renovations for Community Wellness $

Board of

Center in Monroe County

Education

Monroe County Purchase and install a cardiac monitoring system, $

Hospital

communications system or other improvements at

Authority

Monroe County Hospital

Montgomery County

Repair roof of historic building at Montgomery County $ High School

Montgomery Repair roof and flooring of the 1929 building for the $ County Schools Montgomery County School Board

Montogomery Purchase of rescue equipment for the Montgomery $

County

County Emergency Management Agency

Montogomery New fence at the Montgomery County Recreation $

County

Department

Morgan County Funding for the construction of an Animal Control $ Commission Building for Morgan County

Morgan County Construct a new fire department at Clack's Chapel in $ Commission Morgan County

Morgan County Purchase tennis court lighting system for Morgan County $

Board of

Board of Education

Education

Muscogee County Board of Education

Construction of rope bridge site for Raider's Team, $ Freedom Fighter's Cultural Arts Program in Muscogee County

9,000 21,000 15,000 25,000 10,000 10,000
5,000 5,000 9,000 9,000 10,000 15,000

MONDAY, MARCH 24, 2003

1395

Muscogee County Board of Education

Construct a rope bridge site for competitive preparation $ of Raider's Team. Freedom Fighters Cultural Art Program to expand character education program

Muscogee

Funds for an after-school program for troubled students $

County Schools at Baker MiddleSchool in Muscogee County

Muscogee County School System

Beautification project at Carver High School in $ Muscogee County

Muscogee County School System

Beautification project at Marshall Middle School in $ Muscogee County

Newton County Enhancements to B.C.Crowell Park and ballfield in the $ City of Porterdale

Newton County Construction of tennis courts for Eastside High School in $

Board of

Covington

Education

Newton County Enhance, purchase and install playground equipment for $ West Newton Elementary School in Newton County

Newton County Purchase band equipment for Cousins Middle School in $

Board of

City of Covington

Education

Newton County Fund construction of two softball fields at Old Cousins $

Board of

Middle School in Newton County

commission

Oconee County Funds for the Fine Arts Department of Oconee High $

Board of

School

Education

Oglethorpe County Board of Education

Planning and startup funding for Agricultural Center in $ Oglethorpe County

Paulding County Funding for museum equipment in Paulding County $

10,000 10,000 10,000 10,000
5,000 20,000
7,500 10,000
8,000 5,000 10,000 3,000

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JOURNAL OF THE HOUSE

Paulding County Funds for outside lighting and school signs for Paulding $ 15,000 County Board of Education

Paulding County Purchase recreational equipment for community centers $ 16,000 in Paulding County

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

Peach County Assist in reroofing Kay Center for Mentally Retarded in $ 30,000 Peach County

Pelham City Board of Education

Improvements to the agriculture livestock facilities in $ 15,000 Pelham City public schools

Perry Downtown Land acquisition and improvements for the Perry $ 100,000 Development Downtown Development Authority Authority

Pierce County Purchase equipment for Pierce County

$ 2,000

Pierce County Improvements to Lakeview Community Center in Pierce $ 30,000 County

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

MONDAY, MARCH 24, 2003

1397

Polk County

Contract for services with Children's Advocacy Group in $ 25,000 Polk County

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 $ 120,000 County

Putnam County New band equipment for the Putnam County High $

Board of

School

Education

8,000

Putnam County Renovation of old jail for office space in Putnam County $ Commission

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 $ 10,000 an enhanced 911 system in Quitman County

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 $ 15,000 at Rabun County High School

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

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JOURNAL OF THE HOUSE

Randolph County Fund Star program in Randolph County

$

Board of

Education

Randolph County Purchase of four intoxilyzers for the Randolph County $ Sheriff's Department

Randolph County Complete final phase of voter/fire protection building for $ the rural area of Randolph County

Randolph County Fund a rural transportation system for Randolph County $

Richmond County Board of Education

Summer children's programs at Belle-Terrace

$

Community Center and May Park Community Center in

Augusta/Richmond County

Richmond

Purchase equipment and furnishings for use in the

$

County Board Technical Education Program at Glenn Hills High

of Education School in Richmond County

Richmond County Board of Education

Landscaping projects and playground equipment at

$

Terrace Manor Elementary School in Richmond County

Richmond County

Equipment for Richmond County Marshal's Office

$

Richmond

Operational expenses for the Augusta Ballet

$

County

Commission

Richmond County Commission

Operational funding for Delta House, Lucy Craft Laney $ Museum in Richmond County

Richmond County Commission

Operational funds for National Legacy Foundation in $ Richmond County

Richmond County

Provide funding for the Southeast Burn Foundation in $ Richmond County

12,500 2,000
18,000 14,000 5,000 10,000 5,000 15,000 25,000 25,000 25,000 30,000

MONDAY, MARCH 24, 2003

1399

Richmond County

Funding for the Golden Harvest Food Bank in Richmond $ County

Richmond

Operational expenses for Delta Leadership Training $

County

Program in Richmond County

Commission

Richmond County

Upgrade equipment at Richmond Academy in Richmond $ County

Richmond County

Provide lighting and purchase equipment at Master City $ Little League in Richmond County

Richmond County Commission

Operational expenses for Southside Tutorial Program in $ Richmond County

Richmond County

Funds for lighting and equipment at West Augusta Little $ League in Richmond County

Richmond County

Purchase equipment/uniforms for the Augusta Boxing $ Club in Richmond County

Richmond County Commission

Construct a state of the art playground for disabled

$

children for The Rachel Longstreet Foundation in the

City of Augusta

Richmond County Commission

Support operation resources at Lucy Laney High School $ in Richmond County

Satilla Regional Contract for services with the Satilla Advocacy Services $ Medical Center for the Satilla Regional Medical Center in Waycross

Schley County Assist in air-conditioning Schley County Elementary $ School

Screven County Playground equipment for rural communities of Screven $ County

Screven County Design of a new jail for Screven County Sheriff's

$

Department

10,000 30,000
25,000 15,000 20,000
15,000 15,000 25,000
15,000
10,000 25,000 10,000 10,000

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JOURNAL OF THE HOUSE

Screven County Fire fighting equipment for Screven County Fire Department

$ 50,000

Screven County Maintenance and operational cost of the Cooperville $ 3,000 Community House in Screven County

Screven County Upgrade county fire department equipment in Screven $ 15,000 County

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 $ 31,600 Ind., Inc, in Stephens County

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

MONDAY, MARCH 24, 2003

1401

Stephens County Operating funds for the Stephens County Library

$

Commission

Stephens County Purchase a 15 passenger van for the Stephens County $ 4-H program

Stephens County Purchase of a fire boat and building equipment in

$

Stephens County

Stewart County Purchase patrol car for Stewart County

$

Talbot County Board of Education

Repair gym floor at Central Elementary/High School in $ Talbot County

Taliaferro

Purchase patrol car for Taliaferro County Sheriff's

$

Board of

Department

Commissioners

Tattnall Board of Education

Repair and fund improvements to Reidsville Middle $ School baseball field in the City of Reidsville

Tattnall County Contract for services with the East Collins Community $ Center for after-school program enhancements in Tattnall County

Tattnall County Purchase equipment for the Tattnall County EMA

$

Tattnall County Emergency medical equipment to enhance 911 system $ for Tattnall County

Tattnall County Provide funds for architectural support and planning of $ Technology Center in Tattnall County

Tattnall County Match local and state/federal funds to market a farmer $ Commissioners initiated program to sell local produce in Tattnall
County

Taylor County Provide funding for Taylor County GIS Mapping System $ and 911 feasibility study

Telfair County Recreation funding for Telfair County

$

20,000 38,000 25,000 6,000 10,000
13,000
5,000
10,000
10,000 10,000 10,000
5,000
50,000 25,000

1402

JOURNAL OF THE HOUSE

Telfair County Board of Education

Athletic facility improvements for Telfair County High $ School

Telfair County Resurface Telfair County High School tennis courts $ High

Terrell County Restore the historic Terrell County Courthouse's 1892 $ Tower Clock and Tower Room

Terrell County Deceleration lane construction and related infrastructure $ at conservation resource center in Terrell County

Thomas County Contract for services with Marquerite Neel Williams $ Boys and Girls Club in Thomas County

Thomas County Resurface driveway and parking area at

$

Magnolia/Chappelle School in Thomas County

Tift County

Purchase computers and pagers for Tift County

$

Volunteer Fire Department

Tift County

Purchase furniture for Tift County Public Library

$

Commissioners

Town of Dexter Purchase equipment for Town of Dexter Volunteer Fire $ Department

Town of Funston Replace water line on North Manning Street in the City $ of Funston

Town of Funston Assist in replacing water line and fireplugs in Town of $ Funston

Town of Ivey Construct a Voluntary Fire Department and precinct $ polling place in Town of Ivey in Wilkinson County

Town of Rebecca Purchase Christmas lighting for the City of Rebecca $

Town of Rentz Laurens County Ambulance Service satellite station in $ the Town of Rentz

10,000
7,000 45,000 85,000 15,000
5,000 10,000 50,000
5,000 7,500 10,000 25,000 3,000 6,236

MONDAY, MARCH 24, 2003

1403

Town of Sumner Improvements to Town of Sumner auditorium for civic $ and educational purposes

Town Of Shady Building improvements for Town of Shady Dale City $

Dale

Hall

Towns County Equipment for volunteer fire department in Towns

$

County

Towns County Board of Education

Extend Energy Management System for new elementary $ school, new auditorium and middle school gym in Towns County

Treutlen County $2,000 per three Volunteer Fire Departments in Treutlen $ County

Treutlen County Purchase of a patching machine to repair county

$

maintained roads in Treutlen County

Treutlen County Purchase vehicle for Treutlen County Senior Center $

Treutlen County Purchase patching machine for road repairs in Treutlen $ County

Treutlen County Renovation of the Board of Commissioners office

$

building in Treutlen County

Treutlen County Expansion of fire stations to house additional fire engine $

Board of

in Treutlen County

Commissioners

Treutlen County Purchase athletic equipment for the Treutlen County $ Board of Education

Troup County Development of the Clark Access Recreational Park in $ Troup County

Troup County

Equipment crisis response vehicle with communication $ and disaster response equipment for the Troup County Sheriff's Department

10,000 20,000
5,000 20,000
6,000 10,000 5,000 20,000 10,000 20,000
10,000 50,000 25,000

1404

JOURNAL OF THE HOUSE

Troup County Board of Education

Create summer Driver's Ed Program for Troup County $ students

Turner County Repairs, design and renovation of official state symbol $ (peanut monument) in Turner County

Twiggs County Landscaping beautification at Twiggs County Historical $ Courthouse

Twiggs County Upgrade records filing system for the Clerk of Superior $ Court Office in Twiggs County

Union City

Funding for the Keep South Fulton Beautiful program in $ Union City

Union City

Provide for environmental protection through education $ and facilities in Union City

Union County Design and construct a gymnasium/community center in $ Union County

Union County Funds for a new jail in Union County

$

Union County Contract for services with S.A.F.E., Inc.(Support in

$

Abusive Family Emergencies program) in Union

County

Union County Equipment for volunteer fire department in Union

$

County

Upson County Purchase emergency response truck for Upson County $ Emergency Management Agency

Upson County Purchase bullet proof vests for every law enforcement $ officer in Upson County

Walker County Contract with Children's Advocacy Center to provide $ Lookout Mountain Superior Courts child abuse investigation forensic service

Walker County Renovations to the drivers license facility in Rock Spring $

25,000
5,000 15,000
5,000 40,000 10,000 50,000 30,000 10,000
5,000 10,000 25,000 15,000
15,000

MONDAY, MARCH 24, 2003

1405

Walker County Renovations to the Walker County Courthouse in

$

LaFayette

Walker County Renovation of softball field for Rock Spring Athletic $ Association in Walker County

Walker County Purchase land and build memorial park for the families $ of the Noble tragedy in Walker County

Walker County Purchase computer technology equipment and JROTC $

Board of

equipment for LaFayette High School in Walker County

Education

Walton County Contract for services with Bridge Services, Inc. for

$

services to at-risk youth in Walton County

Walton County Purchase and install playground equipment at Matthews $ Park in north Monroe

Walton County Furniture purchase for Loganville Senior Center

$

Board of

Commissioners

Walton County Renovation and drainage project on playground at

$

Board of

Loganville Elementary School in Walton County

Education

Ware County Furnish and renovate the Magnolia House Shelter for $ Abused Women and Children in Ware County

Ware County

Acquire a building for the Thomas O. Zorn #70 Chapter $ of the Disabled American Veterans in Waycross

Ware County

Improvements and additions to the Okefenokee Heritage $ Center in Ware County

Ware County

Purchase equipment for the Dixie Union Volunteer Fire $ and Rescue division of the Ware County Fire Department

Ware County Ware County Senior High Band trip to Thanksgiving $

Board of

Day in Philadelphia

Education

15,000 15,000 45,000
5,000
15,000 5,000 5,000
5,000
5,000 15,000
5,000 5,000
5,000

1406

JOURNAL OF THE HOUSE

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

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 $ 5,000 Wheeler County

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

White County Refurbish athletic fields in White County

$ 22,000

White County Contract for services with the Sautee Nacoochee Community Association

$ 35,000

MONDAY, MARCH 24, 2003

1407

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%.

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.

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The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,334.03. 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.
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.

MONDAY, MARCH 24, 2003

1409

Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval.
Provided, that of the above appropriations relative to the treatment of Hemophilia and it's complications, these funds may be used to provide treatment and care to the bleeding disorders community or to purchase insurance to provide this treatment and care, whichever is less.
Section 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.

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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" 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

MONDAY, MARCH 24, 2003

1411

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.
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

1412

JOURNAL OF THE HOUSE

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 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

MONDAY, MARCH 24, 2003

1413

expenditures as contemplated in this Appropriations Act.
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 2002 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

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violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the Total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.
Section 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. Provisions Relative to Section 39, State of Georgia General Obligation Debt Sinking Fund.
With regard to the appropriations in Section 39 to the "State of Georgia General Obligation Debt Sinking Fund" for authorizing new debt, the maximum maturities, user

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agencies and user authorities, purposes, maximum principal amounts, and particular appropriations of highest annual debt service requirements of the new debt are specified as follows:
From the appropriation designated "State General Funds (New)," $1,122,100 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $4,445,700 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $51,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $7,355,480 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $32,120,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $2,388,150 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $27,450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $6,023,845 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction,

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development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $26,305,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $367,575 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,225,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $130,500 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $22,900 is specifically appropriated for the purpose of financing projects and facilities for the Department of Labor, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $261,000 is specifically appropriated for the purpose of financing projects and facilities for the Jekyll IslandCState Park Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $34,350 is

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specifically appropriated for the purpose of financing projects and facilities for the Jekyll IslandCState Park Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $150,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $234,900 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $1,305,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $74,820 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $860,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $174,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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From the appropriation designated "State General Funds (New)," $1,296,300 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $14,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $22,900 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $3,045,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $35,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $156,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $421,950 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,850,000 in principal amount of General Obligation Debt, the instruments of which

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shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)," $87,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)," $60,900 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)," $1,653,000 is specifically appropriated for the purpose of financing the Geo. L. Smith Georgia World Congress Center projects and facilities for the Department of Industry, Trade, and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $19,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months .

Section 66. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 2003

$16,142,774,526

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."

Section 2. This Act shall become effective upon its approval by the Governor or upon its

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becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Buck of the 112th moved that the House adopt the report of the Committee of Conference on HB 121.

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan N Joyce
Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin
Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C N Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson E Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Y Coleman, Speaker

On the motion, the ayes were 173, nays 3.

MONDAY, MARCH 24, 2003 The motion prevailed.

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Representative Keen of the 146th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

HB 215. By Representatives Golick of the 34th, Post 3, Harbin of the 80th and Maddox of the 59th, Post 2:
A BILL to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide definitions; to provide for the use of credit and credit scoring information in underwriting or rating risks by insurance companies; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide definitions; to provide for the use of credit and credit scoring information in underwriting or rating risks by insurance companies; to provide limitations on the use of such information; to provide for dispute resolution and error correction; to provide for notifications; to require certain filings by insurers using credit and credit scoring information; to provide for indemnification; 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 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding a new Article 4 to read as follows:
"ARTICLE 4 33-24-90. As used in this article, the term:
(1) 'Adverse action' shall mean a denial or cancellation of, an increase in any charge

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for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of any insurance, existing or applied for, in connection with the underwriting of personal insurance. (2) 'Affiliate' shall mean any company that controls, is controlled by, or is under common control with another company. (3) 'Applicant' shall mean an individual who has applied to be covered by a personal insurance policy with an insurer. (4) 'Consumer' shall mean an insured whose credit information is used or whose insurance score is calculated in the underwriting or rating of a personal insurance policy or an applicant for such a policy. (5) 'Consumer reporting agency' shall mean any person that, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties. (6) 'Credit information' shall mean any credit related information derived from a credit report or found on a credit report utilized by an insurer or used by an insurer to calculate an insurance score for personal insurance. Information that is not credit related shall not be considered credit information, regardless of whether it is contained in a credit report or in an application, or is used to calculate an insurance score. (7) 'Credit report' shall mean any written, oral, or other communication of information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, or credit capacity which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor to determine personal insurance premiums, eligibility for coverage, or tier placement. (8) 'Insurance score' shall mean a number or rating that is derived from an algorithm, computer application, model, or other process that is based in whole or in part on credit information for the purposes of predicting the future insurance loss exposure of an individual applicant or insured. (9) 'Personal insurance' shall mean private passenger automobile, homeowners, motorcycle, mobile homeowners, and noncommercial dwelling fire insurance policies and boat, personal watercraft, snowmobile, and recreational vehicle policies. Such policies must be individually underwritten for personal, family, or household use. No other type of insurance shall be included as personal insurance for the purpose of this article.
33-24-91. An insurer authorized to do business in this state that uses credit information to underwrite or rate risks, shall not:
(1) Use an insurance score that is calculated using income, gender, race, address, zip code, ethnic group, religion, marital status, or nationality of the consumer as a factor; (2) Deny, cancel, or nonrenew a policy of personal insurance solely on the basis of credit information, without consideration of any other applicable underwriting factor

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independent of credit information and not expressly prohibited by paragraph (1) of this Code section; (3) Base an insureds renewal rates for personal insurance solely upon credit information, without consideration of any other applicable factor independent of credit information; (4) Take an adverse action against a consumer solely because he or she does not have a credit card account, without consideration of any other applicable factor independent of credit information; (5) Consider an absence of credit information or an inability to calculate an insurance score in underwriting or rating personal insurance, unless the insurer does one of the following:
(A) Treat the consumer as otherwise approved by the Commissioner of Insurance, if the insurer presents information that such an absence or inability relates to the risk for the insurer; (B) Treat the consumer as if the applicant or insured had neutral credit information, as defined by the insurer; or (C) Exclude the use of credit information as a factor and use only other underwriting criteria; (6) Take an adverse action against a consumer based on credit information unless an insurer obtains and uses a credit report issued or an insurance score calculated within 180 days from the date the policy is first written or renewal is issued; (7) Use credit information unless not later than every 36 months following the last time that the insurer obtained current credit information for the insured, the insurer recalculates the insurance score or obtains an updated credit report. Regardless of the requirements of this paragraph: (A) At annual renewal, upon the request of a consumer, the insurer shall reunderwrite and rerate the policy based upon a current credit report or insurance score. An insurer need not recalculate the insurance score or obtain the updated credit report of a consumer more frequently than once in a twelve-month period. Prior to a consumer exercising his or her option for the insurer to reunderwrite or rerate the policy, the insurer shall notify the consumer orally or in writing that the reunderwriting or rerating of the policy may result in a higher rate, a lower rate, or other possible consequences, including nonrenewal or termination of the policy, or could produce no change for the consumer; (B) The insurer shall have the discretion to obtain current credit information upon any renewal before the 36 months, if consistent with its underwriting guidelines; and (C) No insurer need obtain current credit information for an insured, despite the requirements of subparagraph (A) of paragraph (7) of this Code section, if one of the following applies:
(i) The insurer is treating the consumer as otherwise approved by the Commissioner; (ii) The insured is in the most favorably priced tier of the insurer, within a group

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of affiliated insurers; however, the insurer shall have the discretion to order such report, if consistent with its underwriting guidelines; (iii) Credit information was not used for underwriting or rating such insured when the policy was initially written; however, the insurer shall have the discretion to use credit for underwriting or rating such insured upon renewal, if consistent with its underwriting guidelines; or (iv) The insurer reevaluates the insured beginning no later than 36 months after inception and thereafter based upon other underwriting or rating factors, excluding credit information; or (8) Use the following as a negative factor in any insurance scoring methodology or in reviewing credit information for the purpose of underwriting or rating a policy of personal insurance: (A) Credit inquiries not initiated by the consumer or inquiries requested by the consumer for his or her own credit information; (B) Inquiries relating to insurance coverage, if so identified on a consumers credit report; (C) Collection accounts with a medical industry code, if so identified on the consumers credit report; (D) Multiple lender inquiries, if coded by the consumer reporting agency on the consumers credit report as being from the home mortgage industry and made within 30 days of one another, unless only one inquiry is considered; or (E) Multiple lender inquiries, if coded by the consumer reporting agency on the consumers credit report as being from the automobile lending industry and made within 30 days of one another, unless only one inquiry is considered.
33-24-92. If an item or items contained in the credit information for an applicant or insured are in dispute pursuant to the dispute resolution process set forth in the federal Fair Credit Reporting Act, 15 USC 1681i, the insurer, during the 45 day period following the date on which the item was placed in dispute pursuant to such dispute resolution process, shall either not use such disputed item or items in making its underwriting or rating determination for such applicant or insured or shall treat the credit information as neutral with respect to the item or items in dispute.
33-24-93. (a) If an insurer writing personal insurance uses credit information in underwriting or rating a consumer, the insurer or its agent shall disclose, either on the insurance application or at the time the insurance application is taken, that it may obtain credit information in connection with such application. Such disclosure shall be either written or provided to an applicant in the same medium as the application for insurance. The insurer need not provide the disclosure statement required under this Code section to any insured on a renewal policy, if such consumer has previously been provided a disclosure statement.

MONDAY, MARCH 24, 2003

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(b) The disclosure required by this Code section shall be in substantially the following form: 'In connection with this application for insurance, we may review your credit report or obtain or use a credit based insurance score based on the information contained in that credit report. We may use a third party in connection with the development of your insurance score.'
33-24-94. If an insurer takes an adverse action based upon credit information, the insurer must meet the notice requirements of this Code section. Such insurer shall provide notification to the consumer that an adverse action has been taken, in accordance with the requirements of the federal Fair Credit Reporting Act, 15 USC 1681m(a), and shall provide notification to the consumer explaining the reason or reasons for the adverse action. The reasons must be provided in sufficiently clear and specific language so that a person can identify the basis for the insurers decision to take an adverse action. Such notification shall include a description of up to four factors that were the primary influences of the adverse action. The use of generalized terms such as 'poor credit history,' 'poor credit rating,' or 'poor insurance score' does not meet the explanation requirements of this Code section. Standardized credit explanations provided by consumer reporting agencies or other third party vendors are deemed to comply with this Code section.
33-24-95. (a) Insurers that use insurance scores to underwrite and rate risks must file their scoring models or other scoring processes with the Commissioner of Insurance. A third party may file scoring models on behalf of insurers licensed to do business in this state, provided that such third parties are on an approved list maintained by the Commissioner. A filing that includes insurance scoring may include loss experience justifying the use of credit information. (b) Any filing relating to credit information is considered to be a trade secret and proprietary information of the entity filing the information. Such information shall not be subject to public disclosure and shall be exempt from disclosure under the provisions of Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated.
33-24-96. An insurer shall indemnify, defend, and hold agents harmless from and against all liability, fees, and costs arising out of or relating to the actions, errors, or omissions of an agent or a producer who obtains or uses credit information or insurance scores for an insurer, provided the agent or producer follows the instructions of or procedures established by the insurer and complies with any applicable law or regulation. Nothing in this section shall be construed to provide a consumer or other insured with a cause of action that does not exist in the absence of this section.

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33-24-97. (a) No consumer reporting agency shall provide or sell data or lists that include any information that in whole or in part was submitted in conjunction with an insurance inquiry about a consumers credit information or a request for a credit report or insurance score. Such information includes, but is not limited to, the expiration dates of an insurance policy or any other information that may identify time periods during which a consumers insurance may expire and the terms and conditions of the consumers insurance coverage. (b) The restrictions provided in subsection (a) of this Code section do not apply to data or lists the consumer reporting agency supplies to the insurance agent or producer from whom information was received, the insurer on whose behalf such agent or producer acted, or such insurers affiliates or holding companies. (c) Nothing in this Code section shall be construed to restrict any insurer from being able to obtain a claims history report or a motor vehicle report.
33-24-98. Notwithstanding any provision of law to the contrary, insurers shall be allowed to use credit scores in rating and underwriting subject to the provisions of this article."
SECTION 2. This Act shall become effective on July 1, 2003, and shall apply to all personal insurance policies issued or renewed on or after that date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Golick of the 34th, Post 3 et al. move to amend the Committee substitute to HB 215 by striking "of or" on line 7 on page 6 and inserting in lieu thereof "and" and striking "credit" on line 26 on page 6 and inserting in lieu thereof "insurance".

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:

MONDAY, MARCH 24, 2003

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas N Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan N Joyce
Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton
Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J
Roberts, L Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

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Y Sims Y Sinkfield
Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson E Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson
Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 166, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Keen of the 146th stated that 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 544. By Representative Jamieson of the 22nd: A BILL to amend Code Section 48-7-103 of the Official Code of Georgia

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Annotated, relating to quarterly, monthly, and jeopardy returns, so as to increase the threshold for filing monthly returns; and for other purposes.

The report of the Committee, which was favorable to the 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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs
Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford
Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene
Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce
Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B
Reece, S Rice Y Richardson Y Roberts, J Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield
Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson E Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M
Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren
Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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

MONDAY, MARCH 24, 2003

1429

Representative Keen of the 146th stated that 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 90.

By Representatives Boggs of the 145th, Bordeaux of the 125th and Moraitakis of the 42nd, Post 4:
A BILL to amend Code Section 15-2-8 of the Official Code of Georgia Annotated, relating to the powers of the Supreme Court generally, so as to provide for submission of each state bar applicant's fingerprints for a national check for criminal convictions; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 15-2-8 of the Official Code of Georgia Annotated, relating to the powers of the Supreme Court generally, and Code Section 35-3-33 of the Official Code of Georgia Annotated, relating to the powers and duties of the Georgia Crime Information Center, so as to clarify procedures for submission of each state bar applicants fingerprints for criminal convictions; 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 15-2-8 of the Official Code of Georgia Annotated, relating to the powers of the Supreme Court generally, is amended by striking the Code section and inserting in lieu thereof the following:
"15-2-8. The Supreme Court has authority:
(1) To exercise appellate jurisdiction, and in no appellate case to hear facts or examine witnesses; (2) To hear and determine all cases, civil and criminal, that may come before it; to grant judgments of affirmance or reversal, or any other order, direction, or decree required therein; and, if necessary, to make a final disposition of a case in the manner prescribed elsewhere in this Code; (3) To grant any writ necessary to carry out any purpose of its organization or to compel any inferior tribunal or officers thereof to obey its order; (4) To appoint its own officers and to commission any person to execute any specific order it may make;

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(5) To establish, amend, and alter its own rules of practice and to regulate the admission of attorneys to the practice of law; provided, however, that in regulating the admission of attorneys to the practice of law, the Supreme Court shall require each applicant for admission to the practice of law to be fingerprinted to determine whether the applicant has a record of criminal convictions in this state or other states. The Georgia Crime Information Center is for this purpose authorized to release to the court and its administrative arms any requested records relating to applicants. The information obtained as a result of the fingerprinting of an applicant shall be limited to the official use of the court and its administrative arms in determining whether an applicant possesses the fitness to be admitted to the practice of law in this state; (6) To punish for contempt by the infliction of a fine as high as $500.00 or imprisonment not exceeding ten days, or both; and (7) To exercise such other powers, not contrary to the Constitution of this state, as given to it by law. This paragraph shall not be interpreted to abrogate the inherent power of the court."
SECTION 2. Code Section 35-3-33 of the Official Code of Georgia Annotated, relating to the powers and duties of the Georgia Crime Information Center, is amended in subsection (a) by striking "and" at the end of paragraph (13), striking the period at the end of paragraph (14) and inserting in lieu thereof "; and", and adding a new paragraph at the end of the subsection to read as follows:
"(15) Receive and process fingerprints from the Supreme Court of Georgia Office of Bar Admissions for the purpose of determining whether or not an applicant for admission to the State Bar of Georgia has a criminal record. The processing shall include submission of fingerprints to the Georgia Bureau of Investigation and the Federal Bureau of Investigation for comparison to each of their respective files and data bases."
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:

MONDAY, MARCH 24, 2003

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones
Jordan Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

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Y Sims Y Sinkfield
Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson E Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 172, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 550. By Representatives O`Neal of the 117th and Richardson of the 26th:
A BILL to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure regarding state purchasing, so as to provide for multiyear lease, purchase, or lease purchase contracts with respect to benefits based funding projects; and for other purposes.

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The following Committee substitute was read and adopted:

A BILL
To amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure regarding state purchasing, so as to provide for multiyear lease, purchase, or lease purchase contracts with respect to benefits based funding projects; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure regarding state purchasing, is amended by striking the reserved designation of Code Section 50-5-77 and inserting in its place a new Code Section 50-5-77 to read as follows:
"50-5-77. (a) As used in this Code section, the term:
(1) 'Agency' means every state department, agency, board, bureau, and commission including without limitation the Board of Regents of the University System of Georgia. (2) 'Benefits based funding project' means any governmental improvement project in which payments to vendors depend upon the realization of specified savings or revenue gains attributable solely to the improvements, provided that each benefits based funding project is structured as follows:
(A) The vendor promises, or accepts the condition, that the improvements will generate actual and quantifiable savings or enhanced revenues; (B) The agency develops a measurement tool for calculating the savings or enhanced revenues realized from the project; and (C) The funding for the project shall be attributable solely to its successful implementation for the period specified in the contract. (3) 'External oversight committee' means a committee composed of the executive director of the Georgia Technology Authority, the commissioner of administrative services, the director of the Office of Planning and Budget, the state auditor, the Governors designee, the chairperson of the House Committee on Appropriations, and the chairperson of the Senate Finance Committee. (4) 'Measurement tool' means the formula used to measure the actual savings or enhanced revenues and includes a means for distinguishing enhanced revenue or savings from normal activities, including the possibility of no savings or revenue

MONDAY, MARCH 24, 2003

1433

growth or an increased expenditure or decline in revenue. Baseline parameters must be defined based on historical costs or revenues for a minimum of one year. The measurement tool shall use the baseline parameters to forecast savings or enhanced revenues and to determine the overall benefits and fiscal feasibility of the proposed project. (5) 'Special dedicated fund' means any fund established pursuant to this Code section from which the vendor or vendors are compensated as part of a benefits based funding project. The moneys in the special dedicated fund shall be deemed contractually obligated and shall not lapse at the end of each fiscal year. (b) An agency shall be authorized to enter into multiyear lease, purchase, or lease purchase contracts of all kinds for the acquisition of goods, materials, real or personal property, services, and supplies as benefits based funding projects; provided, however, that a condition precedent to the award of the contract is a competitive solicitation in compliance with any applicable purchasing laws now or hereafter enacted, including without limitation the provisions of this chapter and Chapter 25 of this title; and provided, further, that the contract shall contain provisions for the following: (1) The contract shall terminate absolutely and without further obligation on the part of the agency at the close of the fiscal year in which it was executed and at the close of each succeeding fiscal year for which it may be renewed; (2) The contract shall terminate absolutely and without further obligation on the part of the agency at such time as the agency determines that actual savings or incremental revenue gains are not being generated to satisfy the obligations under the contract; (3) The contract may be renewed only by a positive action taken by the agency; (4) The contract shall state the total obligation of the agency for repayment for the fiscal year of execution and shall state the total obligation for repayment which will be incurred in each fiscal year renewal term, if renewed; (5) The term of the contract, including any renewal periods, may not exceed ten years; and (6) The agencys financial obligations under the contract are limited to and cannot exceed the savings or incremental revenue gains, as calculated using the measurement tool, actually generated by the benefits based funding project, even if no savings or enhanced revenues are realized from the project. (c) Any contract developed under this Code section containing the provisions enumerated in subsection (b) of this Code section shall be deemed to obligate the agency only for those sums payable during the fiscal year of execution or, in the event of a renewal by the agency, for those sums payable in the individual fiscal year renewal term and only to the extent that savings or enhanced revenues are attributable to the benefits based funding project calculated using the measurement tool. (d) No contract developed and executed pursuant to this Code section shall be deemed to create a debt of the state for the payment of any sum beyond the fiscal year of execution or, in the event of a renewal, beyond the fiscal year of such renewal. (e) Any such contract may provide for the payment by the agency of interest or the allocation of a portion of the contract payment to interest, provided that the contract is

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in compliance with this Code section. (f) During the term of the contract, including any renewal periods, the agency shall, using the measurement tool, periodically calculate the total amount of the savings or enhanced revenues attributable to the implementation of the benefits based funding project. To the extent that savings or enhanced revenues are realized, the agency shall transfer from its budget into the special dedicated fund an amount up to but not to exceed the amount owed on the contract for the then current fiscal year terms obligation to provide for payments. (g) During the term of the contract, including any renewal periods, the agency shall, using the measurement tool, calculate the total amount of the savings or enhanced revenues attributable to the implementation of the benefits based funding project during the then current fiscal year at least 30 days prior to the end of the then current fiscal year. If the agency renews the contract and to the extent that savings or enhanced revenues are realized in excess of the amount due on the contract in the then current fiscal year term, the agency shall transfer prior to the end of the then current fiscal year from its budget into the special dedicated fund an amount up to but not to exceed the next fiscal years obligation to provide for future payments. (h) Promptly upon nonrenewal, termination, or expiration of the contract, any moneys remaining in the special dedicated fund shall be deposited in the general fund of the state. (i) Each agency is authorized to accept title to property subject to the benefits based funding contract and is authorized to transfer title back to the vendor in the event the contract is not fully consummated. (j) The external oversight committee shall have the responsibility to review and advise:
(1) The overall feasibility of the benefits based funding project; (2) The measurement tool; (3) The projected savings or enhanced revenues; and (4) The dollars to be set aside for vendor payments. (k) Each benefits based funding project and the proposed contract shall be approved by the external oversight committee prior to execution of the contract and prior to any renewal thereof. (l) Each agency shall prepare an annual report to be sent to the external oversight committee, the Governor, and the General Assembly on all contracts entered into pursuant to this Code section, describing the benefits based funding project, its progress, its savings or enhanced revenues, and such other information as may be relevant."
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.

MONDAY, MARCH 24, 2003

1435

The report of the 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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones
Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield
Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson E Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 172, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 551. By Representatives O`Neal of the 117th and Richardson of the 26th:

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A BILL to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary scholarships, loans, and grants, so as to change certain provisions regarding the Georgia Student Finance Commission and the Georgia Student Finance Authority; to change certain provisions regarding the board of commissioners of the commission; to change certain provisions regarding the board of directors of the authority; and for other purposes.

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

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

Y Amerson N Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague N Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown N Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell
Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean Deloach
Y Dix Y Dodson Y Dollar Y Dooley Y Douglas N Drenner
Dukes Y Ehrhart Y Elrod Y Epps Y Fleming N Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Hill, V
Y Hines N Holmes Y Houston N Howard Y Howell Y Hudson Y Hugley Y Jackson Y James N Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall N McClinton Y Millar Y Mills Y Mitchell

Y Mobley N Moraitakis Y Morris N Mosby Y Mosley Y Murphy, J N Murphy, Q Y Noel Y Oliver, B N Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter N Powell Y Purcell Y Ralston Y Randall Y Ray N Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims N Sinkfield
Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow N Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson E Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A N Thomas, A.M Y Thompson N Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

MONDAY, MARCH 24, 2003 On the passage of the Bill, the ayes were 150, nays 20. The Bill, having received the requisite constitutional majority, was passed.

1437

Representative Dukes of the 136th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Jamieson of the 22nd gave notice that at the proper time she would move that the House reconsider its action in giving the requisite constitutional majority to HB 551.

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

HR 240. By Representatives Buckner of the 82nd, Barnes of the 84th, Post 2, Hill of the 81st, Dodson of the 84th, Post 1, McClinton of the 59th, Post 1 and others:
A RESOLUTION commending the Leadership Clayton Class of 2002-2003 and inviting the group to appear in the House of Representatives; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 409. By Representatives Coleman of the 118th, Birdsong of the 104th, Warren of the 99th, DeLoach of the 127th, Elrod of the 25th and others:
A RESOLUTION expressing support for the men and women of the United States Armed Forces; and for other purposes.

HR 410. By Representatives Chambers of the 53rd, Wilkinson of the 41st, Douglas of the 73rd, Manning of the 32nd, Keen of the 146th and others:
A RESOLUTION recognizing and commending the USO of Georgia and proclaiming March 27 as USO of Georgia Day; and for other purposes.

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HR 411. By Representatives Orrock of the 51st and Brooks of the 47th:
A RESOLUTION recognizing and commending Kelvin Lynn Cothren; and for other purposes.

HR 412. By Representative Heard of the 75th:
A RESOLUTION recognizing and commending the Atlanta Association of Insurance Professionals; and for other purposes.

HR 413. By Representative Buckner of the 82nd:
A RESOLUTION recognizing and commending the Elijah Summitt Lodge #309 in Jonesboro, Georgia; and for other purposes.

HR 414. By Representatives Greene-Johnson of the 60th, Post 3, Watson of the 60th, Post 2, Stephenson of the 60th, Post 1, Maddox of the 59th, Post 2 and Williams of the 61st, Post 2:
A RESOLUTION recognizing Pastor Woodrow Walker, II: and for other purposes.

HR 415. By Representatives Hugley of the 113th, Buckner of the 109th, Buck of the 112th, Smith of the 110th and Smyre of the 111th:
A RESOLUTION commending Edward Earl Simmons, Jr.; and for other purposes.

HR 416. By Representatives Brooks of the 47th, Orrock of the 51st, Sinkfield of the 50th and Oliver of the 56th, Post 2:
A RESOLUTION honoring the life of Frances F. Pauley and expressing sympathy upon her passing; and for other purposes.

HR 417. By Representatives Stephenson of the 60th, Post 1, Mosby of the 59th, Post 3, Maddox of the 59th, Post 2, Greene-Johnson of the 60th, Post 3 and Watson of the 60th, Post 2:

MONDAY, MARCH 24, 2003

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A RESOLUTION commending Juanita Powell Baranco; and for other purposes.

HR 418. By Representatives Greene of the 134th, Houston of the 139th, Orrock of the 51st, Skipper of the 116th, Ashe of the 42nd, Post 2 and others:
A RESOLUTION commending Dan Ponder, Jr.; and for other purposes.

HR 419. By Representatives Greene of the 134th, Purcell of the 122nd, Brooks of the 47th, Sinkfield of the 50th, Skipper of the 116th and others:
A RESOLUTION commending Ford Motor Company on its 100th Anniversary; and for other purposes.

HR 420. By Representative Lewis of the 12th: A RESOLUTION recognizing Euharlee Day; and for other purposes.

HR 421. By Representatives Twiggs of the 8th and Coleman of the 118th:
A RESOLUTION congratulating Mr. and Mrs. Leon Davenport on the occasion of their 50th wedding anniversary, to be celebrated September 18, 2003; and for other purposes.

HR 422. By Representative Walker of the 71st, Post 1: A RESOLUTION commending Tiffany Tucker; and for other purposes.

HR 423. By Representatives Smith of the 87th, Westmoreland of the 86th, Harper of the 88th, Post 2 and Butler of the 88th, Post 1:
A RESOLUTION commending James Harold Barron; and for other purposes.

HR 424. By Representatives Buckner of the 82nd, Dodson of the 84th, Post 1 and Barnes of the 84th, Post 2:

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JOURNAL OF THE HOUSE A RESOLUTION commending Allan Vigil; and for other purposes.

HR 425. By Representative Sims of the 130th:
A RESOLUTION expressing regret at the passing of Mr. Travis McDonald; and for other purposes.

HR 426. By Representative Purcell of the 122nd: A RESOLUTION commending Charles J. Heidt; and for other purposes.

HR 427. By Representatives Purcell of the 122nd and Stephens of the 123rd:
A RESOLUTION honoring the memory of M. W. Bragg, and expressing regret at his passing; and for other purposes.

HR 428. By Representative Purcell of the 122nd: A RESOLUTION commending Franklin Goldwire; and for other purposes.

HR 429. By Representative Purcell of the 122nd: A RESOLUTION commending Irvine B. Johnson; and for other purposes.

HR 430. By Representative Purcell of the 122nd:
A RESOLUTION congratulating and commending Macedonia Baptist Church of Guyton upon the occasion of its 133rd anniversary; and for other purposes.

HR 431. By Representatives Purcell of the 122nd, Oliver of the 121st, Post 2 and DeLoach of the 127th:
A RESOLUTION commending Jasper C. Tucker; and for other purposes.

MONDAY, MARCH 24, 2003

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HR 432. By Representative Purcell of the 122nd: A RESOLUTION commending Marshall Edwards; and for other purposes.

HR 433. By Representatives Wilkinson of the 41st, Willard of the 40th, Martin of the 37th and Jones of the 38th:
A RESOLUTION commending and congratulating Dr. Susan Messer; and for other purposes.

HR 434. By Representatives Stephens of the 124th, Post 2, Jackson of the 124th, Post 1, Stephens of the 123rd, Bordeaux of the 125th, Greene of the 134th and others:
A RESOLUTION commending Helen M. Jones; and for other purposes.

HR 435. By Representatives Smith of the 76th, Heard of the 75th and McBee of the 74th:
A RESOLUTION commending F. Norman Grayson on distinguished service; and for other purposes.

HR 436. By Representatives Mills of the 67th, Post 2 and Coan of the 67th, Post 1:
A RESOLUTION recognizing and commending Kelsey Nichole Case; and for other purposes.

HR 437. By Representatives Mills of the 67th, Post 2 and Coan of the 67th, Post 1:
A RESOLUTION to commend and recognize Christy Herman; and for other purposes.

HR 438. By Representatives Boggs of the 145th, Shaw of the 143rd and Smith of the 129th, Post 2:
A RESOLUTION commending Thomas Franklin Dial; and for other purposes.

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HR 439. By Representatives Boggs of the 145th, Shaw of the 143rd and Smith of the 129th, Post 2:
A RESOLUTION commending Luther Elton Jones II: and for other purposes.

HR 440. By Representatives Greene of the 134th and Hanner of the 133rd:
A RESOLUTION congratulating Georgia Branch, Associated General Contractors, Inc.; and for other purposes.

HR 441. By Representative Greene of the 134th:
A RESOLUTION honoring the memory of Judge Lowrey S. Stone and expressing regret at his passing; and for other purposes.

HR 442. By Representatives McBee of the 74th, Heard of the 75th and Smith of the 76th:
A RESOLUTION commending the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2003; and for other purposes.

HR 443. By Representatives O`Neal of the 117th, Walker of the 115th, Graves of the 106th, Ray of the 108th and Birdsong of the 104th:
A RESOLUTION commending Brigadier General Lawrence H. Stevenson, USAF; and for other purposes.

HR 444. By Representatives Rogers of the 20th, Reece of the 21st and Mills of the 67th, Post 2:
A RESOLUTION expressing regret at the passing of Edgar H. "Butch" Rogers; and for other purposes.

HR 445. By Representatives Rogers of the 20th, Amerson of the 9th, Reece of the 21st and Mills of the 67th, Post 2:

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A RESOLUTION expressing regret at the passing of Carroll Edmondson "Ed" Daniel; and for other purposes.

HR 446. By Representative Ralston of the 6th:
A RESOLUTION commending Payton Dewel Bramlett; and for other purposes.

HR 447. By Representatives Ralston of the 6th and White of the 3rd, Post 2:
A RESOLUTION expressing deep regret at the passing of C.F. "Coote" Mason; and for other purposes.

HR 448. By Representatives Greene of the 134th, Sholar of the 141st, Post 1 and Broome of the 141st, Post 2:
A RESOLUTION commending Corporal Rick Ashley; and for other purposes.

HR 449. By Representative Jamieson of the 22nd:
A RESOLUTION commending Kayla Nicole Dotson; and for other purposes.

HR 450. By Representative Howard of the 98th:
A RESOLUTION recognizing and commending Frank Marvin Rumph, M.D.; and for other purposes.

HR 451. By Representative Royal of the 140th: A RESOLUTION commending Joe Farris, Jr.; and for other purposes.

HR 452. By Representative Royal of the 140th: A RESOLUTION commending the Mitchell Baker High School Eagles

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JOURNAL OF THE HOUSE basketball team; and for other purposes.

HR 453. By Representative Channell of the 77th: A RESOLUTION commending Julie Speyer; and for other purposes.

HR 454. By Representative Channell of the 77th: A RESOLUTION commending Gail Goldsmith; and for other purposes.

HR 455. By Representative Channell of the 77th: A RESOLUTION commending Kevin Meeler; and for other purposes.

HR 456. By Representative Channell of the 77th: A RESOLUTION commending Judy Malcom; and for other purposes.

HR 457. By Representative Channell of the 77th: A RESOLUTION commending Pat Leming; and for other purposes.

HR 458. By Representative Channell of the 77th: A RESOLUTION commending Stacy Lanier; and for other purposes.

HR 459. By Representative Channell of the 77th: A RESOLUTION commending Amy Anderson; and for other purposes.

HR 460. By Representative Channell of the 77th: A RESOLUTION commending Huey Atkins; and for other purposes.

MONDAY, MARCH 24, 2003

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HR 461. By Representative Channell of the 77th: A RESOLUTION commending Jeff Christie; and for other purposes.

HR 462. By Representative Channell of the 77th: A RESOLUTION commending Andrew Ainslie, III; and for other purposes.

HR 463. By Representative Channell of the 77th: A RESOLUTION commending Daisy Benford; and for other purposes.

HR 464. By Representative Channell of the 77th: A RESOLUTION commending James Orr; and for other purposes.

HR 465. By Representative Channell of the 77th: A RESOLUTION commending John Milliken; and for other purposes.

HR 466. By Representative Channell of the 77th: A RESOLUTION commending Sarah Burbach; and for other purposes.

HR 467. By Representative Channell of the 77th: A RESOLUTION commending Hank Bell; and for other purposes.

HR 468. By Representative Channell of the 77th: A RESOLUTION commending Kyle Atkinson; and for other purposes.

HR 469. By Representative Channell of the 77th: A RESOLUTION commending Diane Veasley; and for other purposes.

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HR 470. By Representative Channell of the 77th: A RESOLUTION commending Robert Terrell, Jr.; and for other purposes.

HR 471. By Representative Channell of the 77th: A RESOLUTION commending Shureka Battle; and for other purposes.

HR 472. By Representative Channell of the 77th: A RESOLUTION commending Lee Abney; and for other purposes.

HR 473. By Representative Channell of the 77th: A RESOLUTION commending Lesley Taylor; and for other purposes.

HR 474. By Representative Channell of the 77th: A RESOLUTION commending Karen Robertson; and for other purposes.

HR 475. By Representative Channell of the 77th: A RESOLUTION commending Dianne Phillips; and for other purposes.

HR 476. By Representative Channell of the 77th: A RESOLUTION commending Lee Nunn; and for other purposes.

HR 477. By Representative Channell of the 77th: A RESOLUTION commending Robert Markley; and for other purposes.

HR 478. By Representative Channell of the 77th: A RESOLUTION commending Tina Lilly; and for other purposes.

MONDAY, MARCH 24, 2003

1447

HR 479. By Representative Channell of the 77th: A RESOLUTION commending Kenneth Kuperberg; and for other purposes.

HR 480. By Representative Channell of the 77th: A RESOLUTION commending Garrett Hiday; and for other purposes.

HR 481. By Representative Channell of the 77th: A RESOLUTION commending Cameron Coody; and for other purposes.

HR 482. By Representative Channell of the 77th: A RESOLUTION commending Doris J. Harris; and for other purposes.

HR 483. By Representative Channell of the 77th: A RESOLUTION commending Frank Beasley; and for other purposes.

HR 484. By Representative Channell of the 77th: A RESOLUTION commending Jason Burnett; and for other purposes.

HR 485. By Representative Channell of the 77th: A RESOLUTION commending James Cantrell; and for other purposes.

HR 486. By Representative Channell of the 77th: A RESOLUTION commending Vivian Evans; and for other purposes.

HR 487. By Representative Channell of the 77th: A RESOLUTION commending Steven Freund; and for other purposes.

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HR 488. By Representative Channell of the 77th: A RESOLUTION commending Sandra Fricks; and for other purposes.

HR 489. By Representative Channell of the 77th: A RESOLUTION commending Angela Howard; and for other purposes.

HR 490. By Representative Channell of the 77th: A RESOLUTION commending Deborah Jackson; and for other purposes.

HR 491. By Representative Channell of the 77th: A RESOLUTION commending Chip Lyness; and for other purposes.

HR 492. By Representative Channell of the 77th: A RESOLUTION commending Susan McCommons; and for other purposes.

HR 493. By Representative Channell of the 77th: A RESOLUTION commending Linda McGhee; and for other purposes.

HR 494. By Representative Channell of the 77th: A RESOLUTION commending Dennis Mitchell; and for other purposes.

HR 495. By Representative Channell of the 77th: A RESOLUTION commending Mari Robb; and for other purposes.

HR 496. By Representative Channell of the 77th: A RESOLUTION commending Joe Sheehan; and for other purposes.

MONDAY, MARCH 24, 2003

1449

HR 497. By Representative Channell of the 77th: A RESOLUTION commending Shirley Smith; and for other purposes.

HR 498. By Representative Channell of the 77th: A RESOLUTION commending Debra Smith; and for other purposes.

HR 499. By Representative Channell of the 77th: A RESOLUTION commending Natasha Strother; and for other purposes.

HR 500. By Representative Channell of the 77th: A RESOLUTION commending Barbara Twilley; and for other purposes.

HR 501. By Representative Channell of the 77th: A RESOLUTION commending Janice Thompson; and for other purposes.

HR 502. By Representative Channell of the 77th: A RESOLUTION commending Teresa Williams; and for other purposes.

HR 503. By Representative Channell of the 77th: A RESOLUTION commending Brad Ashurst; and for other purposes.

HR 504. By Representative Channell of the 77th: A RESOLUTION commending Louelle Nelson; and for other purposes.

HR 505. By Representative Channell of the 77th: A RESOLUTION commending Joy Williamson; and for other purposes.

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HR 506. By Representative Channell of the 77th: A RESOLUTION commending Alicia Bailey; and for other purposes.

HR 507. By Representative Channell of the 77th: A RESOLUTION commending Larry Hone; and for other purposes.

HR 508. By Representative Channell of the 77th: A RESOLUTION commending Alvin Butts; and for other purposes.

HR 509. By Representative Channell of the 77th: A RESOLUTION commending Teresa Butts; and for other purposes.

HR 510. By Representative Channell of the 77th: A RESOLUTION commending Judy Gilbert; and for other purposes.

HR 511. By Representative Channell of the 77th: A RESOLUTION commending Carla Gregory; and for other purposes.

HR 512. By Representative Channell of the 77th: A RESOLUTION commending Terry Gunter; and for other purposes.

HR 513. By Representative Channell of the 77th: A RESOLUTION commending Susan Harper; and for other purposes.

HR 514. By Representative Channell of the 77th: A RESOLUTION commending Anna Haslbauer; and for other purposes.

MONDAY, MARCH 24, 2003

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HR 515. By Representative Channell of the 77th: A RESOLUTION commending Eric Hester; and for other purposes.

HR 516. By Representative Channell of the 77th: A RESOLUTION commending Daniel Mendez; and for other purposes.

HR 517. By Representative Channell of the 77th: A RESOLUTION commending Paula Pattern; and for other purposes.

HR 518. By Representative Channell of the 77th: A RESOLUTION commending Ray Ricks; and for other purposes.

HR 519. By Representative Channell of the 77th: A RESOLUTION commending Richard Youmans; and for other purposes.

HR 520. By Representative Channell of the 77th: A RESOLUTION commending Linda Sadler; and for other purposes.

HR 521. By Representative Channell of the 77th: A RESOLUTION commending Annette Smith; and for other purposes.

HR 522. By Representative Channell of the 77th: A RESOLUTION commending Michael Smith; and for other purposes.

HR 523. By Representative Channell of the 77th: A RESOLUTION commending Chuck Thompson; and for other purposes.

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HR 524. By Representative Channell of the 77th: A RESOLUTION commending Helen Beazely; and for other purposes.

HR 525. By Representative Channell of the 77th: A RESOLUTION commending Dr. David Bradley; and for other purposes.

By unanimous consent, further consideration of HB 447 was postponed until the next legislative day.

By unanimous consent, further consideration of HB 638 was postponed until the next legislative day.

The Speaker assumed the Chair.

Representative Ray of the 108th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 648 Do Pass HR 357 Do Pass SB 14 Do Pass

Respectfully submitted, /s/ Ray of the 108th
Chairman

Representative Buck of the 112th District, Chairman of the Committee on Appropriations, submitted the following report:

MONDAY, MARCH 24, 2003

1453

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 526 Do Pass, by Substitute HR 92 Do Pass, by Substitute

Respectfully submitted, /s/ Buck of the 112th
Chairman

Representative Floyd of the 132nd District, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks and Banking has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 213 Do Pass, by Substitute SB 78 Do Pass

Respectfully submitted, /s/ Floyd of the 132nd
Chairman

Representative Powell of the 23rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

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JOURNAL OF THE HOUSE

HB 114 Do Pass, by Substitute HB 304 Do Pass, by Substitute

HB 355 Do Pass, by Substitute HB 597 Do Pass, by Substitute

Respectfully submitted, /s/ Powell of the 23rd
Chairman

Representative Bordeaux of the 125th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

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

HB 255 Do Pass, by Substitute HB 269 Do Pass HB 282 Do Pass

HB 301 Do Pass, by Substitute HB 580 Do Pass, by Substitute

Respectfully submitted, /s/ Bordeaux of the 125th
Chairman

Representative Cummings of the 19th 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 155 Do Pass

Respectfully submitted, /s/ Cummings of the 19th
Chairman

MONDAY, MARCH 24, 2003

1455

Representative Jenkins of the 93rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 226 Do Pass, by Substitute HB 397 Do Pass

Respectfully submitted, /s/ Jenkins of the 93rd
Chairman

Representative Royal of the 140th District, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

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

HB 43 HB 58 HB 529 HB 532

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

HB 535 HB 537 HB 556 HB 560

Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Royal of the 140th
Chairman

The Speaker announced the House in recess until 5:00 P.M., at which time the House will stand adjourned until 10:00 o'clock A.M. the next legislative day.

1456

JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia
Tuesday, March 25, 2003

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 Rev. Joseph E. Lowery, Convenor, Georgia Coalition for the Peoples' Agenda, Atlanta, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

TUESDAY, MARCH 25, 2003

1457

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

HB 749. By Representative Lewis of the 12th:
A BILL to amend Code Section 19-6-5 of the Official Code of Georgia Annotated, relating to factors in determining the amount of alimony and the effect of remarriage on obligations for alimony, so as to change the length of time alimony can be awarded; to establish the amount of alimony that can be awarded; and for other purposes.

Referred to the Committee on Judiciary.

HB 750. By Representatives Lunsford of the 85th, Post 2, Greene-Johnson of the 60th, Post 3, Stephenson of the 60th, Post 1, Watson of the 60th, Post 2, Yates of the 85th, Post 1 and others:
A BILL to amend an Act creating a new charter for the City of Stockbridge, so as to revise certain provisions relating to membership of elected officials on boards, commissions, and authorities; and for other purposes.

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

HB 751. By Representatives Richardson of the 26th and O`Neal of the 117th:
A BILL to amend Code Section 40-5-25 of the Official Code of Georgia Annotated, relating to fees for instruction permits or drivers' licenses, so as to eliminate reduced license fees regarding anatomical gifts; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 752. By Representatives Mitchell of the 61st, Post 3, Mobley of the 58th, Gardner of the 42nd, Post 3, Mangham of the 62nd and Watson of the 60th, Post 2:
A BILL to amend Chapter 2 of Title 21 of the Official Code of Georgia

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JOURNAL OF THE HOUSE
Annotated, relating to elections and primaries generally, so as to permit absentee voting without qualification during a certain period preceding an election or primary provided the elector shows proper identification; to provide for definitions; to define the on-site absentee voting period; to provide that the registrar's and absentee ballot clerk's offices shall be open for extended hours during the on-site absentee voting period; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 753. By Representatives Yates of the 85th, Post 1 and Lunsford of the 85th, Post 2:
A BILL to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that an assistant district attorney who is a member of the Employees' Retirement System of Georgia may obtain creditable service for certain prior service as an assistant district attorney; to provide that any member of the Georgia Judicial Retirement System may obtain creditable service for such service; and for other purposes.

Referred to the Committee on Retirement.

HB 754. By Representatives Ralston of the 6th, Murphy of the 14th, Post 2 and Knox of the 14th, Post 1:
A BILL to provide a homestead exemption from Dawson County ad valorem taxes for county purposes and Dawson County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 to 74 years of age and who have household incomes not exceeding $25,000.00; to provide a homestead exemption from such taxes for the full value of such homestead for certain residents of that school district who are 75 years of age or older and who have household incomes not exceeding $25,000.00; and for other purposes.

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

TUESDAY, MARCH 25, 2003

1459

HB 755. By Representative Twiggs of the 8th:
A BILL to amend Code Section 44-12-300 of the Official Code of Georgia Annotated, relating to state recognition of American Indian tribes, so as to officially recognize the RedNation of the Cherokee New Echota Band; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 756. By Representatives DeLoach of the 127th, Mosley of the 129th, Post 1, Smith of the 129th, Post 2, Barnard of the 121st, Post 1, Oliver of the 121st, Post 2 and others:
A BILL to create a board of elections and registration for Liberty County and provide for its powers and duties; and for other purposes.

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

HB 757. By Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1 and Barnes of the 84th, Post 2:
A BILL to amend Code Section 26-2-268 of the Official Code of Georgia Annotated, relating to information labels affixed to cases of eggs, so as to provide for the use of certain labeling information concerning expiration dates on eggs; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

HB 758. By Representatives Lane of the 101st, Barnard of the 121st, Post 1, Channell of the 77th, Shaw of the 143rd, Hanner of the 133rd and others:
A BILL to amend Article 4 of Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to postjudgment garnishment proceedings generally, so as to change certain provisions relating to right to writ of garnishment after judgment; to prohibit multiple payment of filing costs or fees on multiple garnishment actions filed on the same money judgment in the same court; and for other purposes.

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JOURNAL OF THE HOUSE

Referred to the Committee on Judiciary.

HB 759. By Representatives White of the 3rd, Post 2, Williams of the 4th, Forster of the 3rd, Post 1 and Brock 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.

HB 760. By Representatives Harrell of the 54th and Dooley of the 33rd, Post 3:
A BILL to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions related to health, so as to provide for the advisory committee on hearing in newborn infants to continue in existence until June 30, 2010; to provide for such committee to focus on studying resources for intervention and treatment of infants with hearing losses; and for other purposes.

Referred to the Committee on Health and Human Services.

HB 761. By Representatives Porter of the 119th, Oliver of the 56th, Post 2 and Jamieson of the 22nd:
A BILL to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of certain persons under the Quality Basic Education Act, so as to provide for salary increases for certain persons credentialed as National Certified School Counselors; and for other purposes.

Referred to the Committee on Education.

HB 762. By Representatives Floyd of the 69th, Post 2 and Marin of the 66th:
A BILL to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to change certain provisions

TUESDAY, MARCH 25, 2003

1461

relating to removal of trade fixtures during term and when property is abandoned; to change certain provisions relating to judgment, writ of possession, landlord's liability for wrongful conduct, and distribution of funds paid into court; and for other purposes.

Referred to the Committee on Judiciary.

HB 763. By Representatives Floyd of the 69th, Post 2 and Marin of the 66th:
A BILL to amend Article 5 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to commercial property and subdivisions, so as to change certain provisions relating to promulgation of regulations and charges for permits for commercial driveways; to require certain premises to provide designated loading areas for school buses which are entirely off public roadways; and for other purposes.

Referred to the Committee on Transportation.

HB 764. By Representatives Benfield of the 56th, Post 1, Mobley of the 58th, Mangham of the 62nd, Stephenson of the 60th, Post 1, Mitchell of the 61st, Post 3 and others:
A BILL to amend an Act creating and establishing the recorder's court of DeKalb County, so as to repeal a certain provision that allows a person arrested for violation of a county ordinance to make a cash deposit with the county Chief of Police in lieu of bond; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.
HB 765. By Representative Smith of the 110th:
A BILL to amend an Act reconstituting the Board of Education of Harris County, so as to correct technical errors and omissions in 2002 amendatory Acts; to provide that members of the board shall be nominated and elected in accordance with the Georgia Election Code in nonpartisan primaries and elections; to ratify and confirm, to the maximum extent possible, any election previously held in conformity with the provisions of this Act; and for other purposes.

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

HB 766. By Representatives Dodson of the 84th, Post 1, Brooks of the 47th, Barnes of the 84th, Post 2, Ashe of the 42nd, Post 2 and Heard of the 75th:
A BILL to amend Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to revenue bonds, so as to specifically provide for the issuance of obligations in anticipation of the issuance of revenue bonds and to specify the validation procedures therefor; to change certain provisions regarding permissible contracts; and for other purposes.

Referred to the Committee on Ways & Means.

HB 767. By Representatives Lunsford of the 85th, Post 2, Westmoreland of the 86th, Walker of the 115th and Brooks of the 47th:
A BILL to amend Article 3 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to traffic violations bureaus, so as to change certain provisions relating to the disposition of traffic violations by traffic violations bureaus; to provide for a standing order by the court that no incarceration shall be imposed for certain violations; to provide for fines for certain traffic violations; to provide for notice to the defendant; to provide for probation and suspension of drivers' licenses; to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspensions, and revocation of licenses, so as to provide for suspension of driver's licenses; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 768. By Representative Skipper of the 116th:
A BILL to amend an Act to reconstitute the Board of Education of Marion 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.

TUESDAY, MARCH 25, 2003

1463

HB 769. By Representative Dean of the 49th:
A BILL to amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to change the procedures for giving notice of foreclosure of the right of redemption; and for other purposes.

Referred to the Committee on Ways & Means.

HB 770. By Representatives Coleman of the 118th, Porter of the 119th, Fleming of the 79th, Smyre of the 111th, Skipper of the 116th and others:
A BILL to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to enact the "Georgia Indigent Defense Act"; to provide a short title; to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to the legal defense of indigents, so as to provide for the repeal of the articles of said chapter at various times; to amend Code Section 21-2-502 of the Official Code of Georgia Annotated; to amend Title 35 of the Official Code of Georgia Annotated; to amend Code Section 36-231of the Official Code of Georgia Annotated; to amend Code Section 45-7-4 of the Official Code of Georgia Annotated; and for other purposes.

Referred to the Committee on Judiciary.

HB 771. By Representatives Porter of the 119th, Smyre of the 111th, Bordeaux of the 125th, Skipper of the 116th, Mobley of the 58th and others:
A BILL to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to change provisions relative to the appointment of members of the State Ethics Commission and provide additional eligibility requirements for appointed persons; to provide for the timely issuance of advisory opinions by the State Ethics Commission and other matters relative to advisory opinions; to change the provisions relating to technical defects and the time frame for correction of technical defects in financial disclosure statements; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees; and for other purposes.

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JOURNAL OF THE HOUSE

Referred to the Committee on Judiciary.

HB 772. By Representatives Birdsong of the 104th, Warren of the 99th, Jenkins of the 93rd and Roberts of the 135th:
A BILL to amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to rules and regulations relative to the operation of bingo games, so as to provide that members of a bona fide auxiliary unit of a licensed organization may assist in the operation of bingo games operated by such parent organization notwithstanding the fact that such auxiliary unit holds its own bingo license; and for other purposes.

Referred to the Committee on Special Judiciary.

HR 404. By Representatives Channell of the 77th, Parrish of the 102nd, Royal of the 140th, Stephens of the 123rd and McClinton of the 59th, Post 1:
A RESOLUTION creating the House Hotel-Motel Tax Study Committee and a citizens advisory council for such committee; and for other purposes.

Referred to the Committee on Rules.

HR 405. By Representative Ralston of the 6th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the people of the State of Georgia shall have the power to enact, by the initiative petition process, statutes and amendments to statutes and amendments to the Constitution and to repeal statutes and amendments to statutes; and for other purposes.

Referred to the Committee on Governmental Affairs.

HR 406. By Representatives Ray of the 108th and James of the 114th:
A RESOLUTION designating that overpass between Commercial Heights and SR 96 East in the City of Fort Valley which connects U.S. 341 and SR

TUESDAY, MARCH 25, 2003

1465

96 East as the Gamaliel Hilson Memorial Overpass; and for other purposes.

3/24/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 406. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Ray District 108

Referred to the Committee on Transportation.

HR 407. By Representative Parham of the 94th:
A RESOLUTION creating the House Study Committee on Special License Plates; and for other purposes.

Referred to the Committee on Rules.

HR 408. By Representative Morris of the 120th:
A RESOLUTION creating the Joint Study Committee on Legislative and Congressional Redistricting; and for other purposes.

Referred to the Committee on Rules.

By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the Committees:

HB 773. By Representatives Franklin of the 17th, Campbell of the 39th, DeLoach of the 127th, Dean of the 49th, Drenner of the 57th and others:

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JOURNAL OF THE HOUSE
A BILL to amend Code Section 50-3-1 of the Official Code of Georgia Annotated, relating to the description of the state flag, so as to change the description of the state flag; and for other purposes.

3/25/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 773. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Franklin District 17

Referred to the Committee on Rules.

HB 774. By Representatives Lane of the 101st, Westmoreland of the 86th, Keen of the 146th and Noel of the 44th:
A BILL to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to provide for legislative findings; to provide for definitions; to provide for certain certifications by tobacco manufacturers; to provide for a directory data base of certifying tobacco manufacturers; to establish a prohibition against sales by tobacco manufacturers not included in the directory data base; to require an in state agent for service of process; to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, so as to prohibit the sale of certain cigarettes; and for other purposes.

3/25/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 774. This notice is made prior to or upon reading the Bill the first time.

TUESDAY, MARCH 25, 2003
/s/ Representative Lane District 101

1467

Referred to the Committee on Regulated Industries.

HB 775. By Representatives Powell of the 23rd, Porter of the 119th, Jamieson of the 22nd, Lane of the 101st, Royal of the 140th and others:
A BILL to enact the "Frivolous Litigation Prevention Act"; to provide for legislative findings; to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to change provisions relating to signing of pleadings and other documents, representation to the court, and sanctions; to change provisions relating to failure to make discovery, sanctions, and expenses; to change provisions relating to litigation costs and attorney's fees in frivolous actions and defenses; and for other purposes.

Referred to the Committee on Judiciary.

HB 776. By Representatives Powell of the 23rd, Porter of the 119th, Jamieson of the 22nd, Greene of the 134th, Lane of the 101st and others:
A BILL to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for legislative findings; to create the Georgia Hospital Insurance Authority; to provide a short title; to provide for definitions; to provide for the members of the authority and their selection, service, and terms of office; to provide for the filling of vacancies; to provide for the powers, duties, operations, and financial affairs of the authority; and for other purposes.

Referred to the Committee on Health and Human Services.

HB 777. By Representatives Floyd of the 132nd, Shaw of the 143rd, Skipper of the 116th, Parrish of the 102nd, Porter of the 119th and others:
A BILL to amend Article 3 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, so as to provide for letters of credit issued by the Federal Home Loan Bank to be accepted to secure

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Referred to the Committee on Banks and Banking.

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

HB 706 HB 707 HB 710 HB 711 HB 712 HB 713 HB 714 HB 715 HB 718 HB 724 HB 728 HB 729 HB 730 HB 731 HB 732 HB 733 HB 734 HB 735 HB 736 HB 737 HB 738 HB 739

HB 740 HB 741 HB 742 HB 743 HB 744 HB 745 HB 746 HB 747 HB 748 HR 397 HR 398 HR 399 SB 26 SB 97 SB 117 SB 127 SB 162 SB 190 SB 208 SR 120 SR 121

Pursuant to Rule 52, Representative Millar of the 52nd moved that the following Bill of the House be engrossed:

HB 732. By Representative Millar of the 52nd:
A BILL to amend Code Section 50-3-1 of the Official Code of Georgia Annotated, relating to the state flag and certain monuments and memorials, so as to change the design and description of the state flag; and for other purposes.

TUESDAY, MARCH 25, 2003

1469

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

Y Amerson Anderson
Y Ashe Y Bannister Y Barnard
Barnes Beasley-Teague Y Benfield Y Birdsong Y Black Boggs Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter N Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers N Coan Y Coleman, B Y Cooper Crawford Y Cummings

Y Day Dean
Y Deloach N Dix Y Dodson Y Dollar Y Dooley N Douglas Y Drenner Y Dukes
Ehrhart N Elrod Y Epps
Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster
Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene N Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath
Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston N Howard
Howell Y Hudson
Hugley N Jackson Y James
Jamieson Y Jenkins Y Jones Y Jordan N Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Lunsford Y Maddox Mangham Manning Y Marin Y Martin N Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar N Mills Y Mitchell

Y Mobley Moraitakis
N Morris Mosby Mosley
Y Murphy, J N Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S N Rice Y Richardson Y Roberts, J Y Roberts, L
Rogers, C Y Rogers, Ch. Y Royal N Rynders Y Sailor Y Scott Y Shaw N Sheldon Y Sholar

Sims Y Sinkfield Y Skipper N Smith, B Y Smith, L Y Smith, P
Smith, T Y Smith, V Y Smyre
Snow Y Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson E Stokes
Stoner Y Teilhet N Teper
Thomas, A Y Thomas, A.M Y Thompson Y Twiggs N Walker, L N Walker, R.L Y Warren Y Watson Y Westmoreland N White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R N Wix
Yates Coleman, Speaker

On the motion the ayes were 123, nays 25. The motion prevailed.

Representatives Howell of the 92nd, Mangham of the 62nd, and Manning of the 32nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Pursuant to Rule 52, Representative Harbin of the 80th moved that the following

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JOURNAL OF THE HOUSE

Resolution of the House be engrossed:

HR 398. By Representatives Harbin of the 80th and Fleming of the 79th:

A RESOLUTION to dedicate a portion of State Route 232 in Columbia County as the "Purple Heart Highway"; and for other purposes.

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

Y Amerson Anderson
Y Ashe Bannister
Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs
Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown
Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler
Campbell N Casas Y Chambers Y Channell Y Childers N Coan Y Coleman, B
Cooper Crawford Y Cummings

Y Day Y Dean Y Deloach N Dix Y Dodson N Dollar Y Dooley
Douglas Y Drenner Y Dukes Y Ehrhart
Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath
Heckstall Y Hembree
Henson Y Hill, C

Y Hill, C.A Hill, V
Y Hines Holmes
Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan N Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin N Massey Y Maxwell Y McBee Y McCall McClinton Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris
Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M
O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Y Ray E Reece, B Y Reece, S N Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw N Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Walker, R.L Y Warren Y Watson Y Westmoreland N White Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Yates Coleman, Speaker

On the motion the ayes were 142, nays 9. The motion prevailed.

TUESDAY, MARCH 25, 2003

1471

Representative McBee of the 74th District, Chairman of the Committee on Higher Education, submitted the following report:
Mr. Speaker:
Your Committee on Higher Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 521 Do Pass, by Substitute

Respectfully submitted, /s/ McBee of the 74th
Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 673 HB 684 HB 690 HB 691 HB 692 HB 694

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

HB 695 HB 698 HB 699 HB 702 HB 704

Do Pass Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

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

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HOUSE RULES CALENDAR TUESDAY, MARCH 25, 2003

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 28th Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 90

Veterans Memorial Highway; designate; Banks County veterans; commend

DEBATE CALENDAR

HB 236 HB 339 HB 341 HB 352 HB 383 HB 415

RICO Act; redefine racketeering activity; include insurance fraud Probation system; confidential records; commissioner may declassify HOPE scholarships; private colleges; certain part-time eligibility Licensing boards; complaints against licensee; certain notification Taxable net income; exclude certain military pay Sheriffs engaging in certain businesses; violation of oath of office

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

Respectfully submitted, /s/ Smyre of the 111th
Chairman

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 673. By Representatives Epps of the 90th and Brown of the 89th:
A BILL to create the City of LaGrange Gas Authority and to provide for the appointment of members of the authority; and for other purposes.

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

TUESDAY, MARCH 25, 2003 On the passage of the Bill, the ayes were 122, nays 0. The Bill, having received the requisite constitutional majority, was passed.

1473

HB 684. By Representative Twiggs of the 8th:
A BILL to amend, restate, revise, and modernize the law relating to the Board of Commissioners of Rabun County; to provide for commissioner districts; to provide for the election, qualifications and filling of vacancies of members of said board; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 122, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 690. By Representatives Parsons of the 29th, Franklin of the 17th, Ehrhart of the 28th, Hines of the 35th, Teilhet of the 34th, Post 2 and others:
A BILL to amend an Act creating the State Court of Cobb County, so as to change the compensations of the clerk and the chief deputy clerk of the State Court of Cobb County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 122, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 691. By Representatives Parsons of the 29th, Franklin of the 17th, Ehrhart of the 28th, Hines of the 35th, Teilhet of the 34th, Post 2 and others:
A BILL to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the

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JOURNAL OF THE HOUSE
compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 122, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 692. By Representatives Royal of the 140th and Rynders of the 137th:
A BILL to amend an Act creating and establishing a new charter for the City of Moultrie, so as to change the description of the council districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 122, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 694. By Representatives Lewis of the 12th, Smith of the 13th, Post 2, Childers of the 13th, Post 1 and Cummings of the 19th:
A BILL to create the Cartersville Building Authority as a public corporation and an instrumentality of the State of Georgia; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 122, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 695. By Representatives Roberts of the 135th, Dukes of the 136th and Rynders of the 137th:

TUESDAY, MARCH 25, 2003

1475

A BILL to amend an Act providing for the merger of the independent school system of the City of Albany and the school district in the County of Dougherty lying outside the corporate limits of said city, so as to provide that the tax commissioner of Dougherty County shall retain an amount not exceeding a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Dougherty County to reimburse the county for the cost of collecting school taxes; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 122, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 698. By Representatives Ehrhart of the 28th, Manning of the 32nd, Parsons of the 29th, Franklin of the 17th, Hines 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 an additional supplement for the chief judge of said circuit; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 122, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 699. By Representatives Roberts of the 135th, Dukes of the 136th and Rynders of the 137th:
A BILL to amend an Act creating the office of County Administrator of Dougherty County, so as to change the provisions regarding the Clerk of the Board of Commissioners of Dougherty County; and for other purposes.

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JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 122, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 702. By Representatives Manning of the 32nd, Ehrhart of the 28th, Parsons of the 29th, Hines of the 35th, Noel of the 44th and others:
A BILL to amend an Act providing for the election of members of the Board of Education of Cobb County, so as to change the description of the education districts of such board; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 122, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 704. By Representatives Lucas of the 105th, Birdsong of the 104th, Randall of the 107th, Ray of the 108th, Graves of the 106th and others:
A BILL to amend an Act establishing the Board of Public Education for Bibb County, so as to change the description of the education districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 122, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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

TUESDAY, MARCH 25, 2003

1477

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 43. By Senators Price of the 56th, Moody of the 27th, Tanksley of the 32nd and Johnson of the 1st:
A BILL to be entitled an Act to amend Chapter 31 of Title 36 of the O.C.G.A., relating to incorporation of municipalities, so as to provide for legislative findings and authority; to provide for the creation of municipal charter commissions; to provide for definitions; to provide for petitions and the validation and invalidation thereof; to provide for the appointment and composition of the commissions and their organization, meetings, compensation, expenses, allowances, staffing, funding, duties, and powers; to provide for reports, incorporations of municipalities, charters, and special elections relating thereto; to provide for amendments of charters and applicability of laws relating thereto; to provide for exemptions from certain local laws; to repeal conflicting laws; and for other purposes.
SB 129. By Senators Harp of the 16th, Cagle of the 49th, Lee of the 29th, Gillis of the 20th and Stephens of the 51st:
A BILL to be entitled an Act to amend Code Section 31-3-5 of the Official Code of Georgia Annotated, relating to functions of county boards of health, so as to change the definition of the term "soil classifier"; to repeal a certain definition; to change the provisions relating to who may conduct investigations of the suitability of sites within the state for on-site sewage management systems; to require certain standards and qualifications; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 205. By Senators Stephens of the 51st and Lee of the 29th:
A BILL to be entitled an Act to amend Title 16 of the O.C. G. A., relating to crimes and offenses, so as to provide for an increased criminal penalty with respect to the theft of anhydrous ammonia; to prohibit certain activities with respect to anhydrous ammonia; to provide for criminal penalties; to change certain provisions regarding the purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana; to prohibit certain activities with respect to methamphetamine or amphetamine; to provide for criminal penalties; to amend Code Section 40-16-6 of the Official Code of Georgia Annotated, relating to civil monetary penalties, so as to provide for

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JOURNAL OF THE HOUSE

such penalties against persons who transport methamphetamine, amphetamine, or anhydrous ammonia; and for other purposes.
HB 323. By Representatives McBee of the 74th, Heard of the 75th and Smith of the 76th:
A BILL to amend an Act establishing the Unified Government of AthensClarke County, so as to change certain provisions regarding how membership positions on the Athens-Clarke County Industrial Development Authority shall be construed as a result of the changes effected by the governmental reorganization which resulted in that unified government; and for other purposes.
The Senate has agreed to the House amendment to the Senate amendment to the following bill of the House:
HB 265. By Representatives Buck of the 112th, Hugley of the 113th, Buckner of the 109th, Smith of the 110th and Smyre of the 111th:
A BILL to amend an Act establishing the Municipal Court of Columbus, so as to change the compensation of the judge, clerk, and marshal of that court; and for other purposes.
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 9. By Senators Johnson of the 1st and Thomas of the 2nd:
A BILL to be entitled an Act to amend an Act creating the State Court of Chatham County, approved December 18, 1819 (Ga. L. 1819, p. 16), as amended, so as to provide for an additional judge of the State Court of Chatham County; to provide for the election, powers, duties, jurisdiction, privileges, immunities, and compensation of said additional judge; to authorize the governing authority of Chatham County to provide facilities, office space, supplies, equipment, and personnel for said judge; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has adopted the report of the Committee of Conference on the following bill of the House:
HB 121. By Representatives Coleman of the 118th, Buck of the 112th, Skipper of the 116th, Westmoreland of the 86th, O`Neal of the 117th and others:

TUESDAY, MARCH 25, 2003

1479

A BILL to amend an Act providing appropriations for the State Fiscal Year 2002-2003 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2002-2003; and for other purposes.

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

SB 43.

By Senators Price of the 56th, Moody of the 27th, Tanksley of the 32nd and Johnson of the 1st:
A BILL to be entitled an Act to amend Chapter 31 of Title 36 of the O.C.G.A., relating to incorporation of municipalities, so as to provide for legislative findings and authority; to provide for the creation of municipal charter commissions; to provide for definitions; to provide for petitions and the validation and invalidation thereof; to provide for the appointment and composition of the commissions and their organization, meetings, compensation, expenses, allowances, staffing, funding, duties, and powers; to provide for reports, incorporations of municipalities, charters, and special elections relating thereto; to provide for amendments of charters and applicability of laws relating thereto; to provide for exemptions from certain local laws; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

SB 129. By Senators Harp of the 16th, Cagle of the 49th, Lee of the 29th, Gillis of the 20th and Stephens of the 51st:
A BILL to be entitled an Act to amend Code Section 31-3-5 of the Official Code of Georgia Annotated, relating to functions of county boards of health, so as to change the definition of the term "soil classifier"; to repeal a certain definition; to change the provisions relating to who may conduct investigations of the suitability of sites within the state for on-site sewage management systems; to require certain standards and qualifications; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

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SB 205. By Senators Stephens of the 51st and Lee of the 29th:
A BILL to be entitled an Act to amend Title 16 of the O.C. G. A., relating to crimes and offenses, so as to provide for an increased criminal penalty with respect to the theft of anhydrous ammonia; to prohibit certain activities with respect to anhydrous ammonia; to provide for criminal penalties; to change certain provisions regarding the purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana; to prohibit certain activities with respect to methamphetamine or amphetamine; to provide for criminal penalties; to amend Code Section 40-16-6 of the Official Code of Georgia Annotated, relating to civil monetary penalties, so as to provide for such penalties against persons who transport methamphetamine, amphetamine, or anhydrous ammonia; and for other purposes.

Referred to the Committee on Special Judiciary.

Representative Rogers of the 20th arose to a point of personal privilege and addressed the House.

Representative Mills of the 67th, Post 2 arose to a point of personal privilege and addressed the House.

Representative Westmoreland of the 86th arose to a point of personal privilege and addressed the House.

Representative Keen of the 146th arose to a point of personal privilege and addressed the House.

Representative Graves of the 10th arose to a point of personal privilege and addressed the House.

Representative White of the 3rd, Post 2 arose to a point of personal privilege and addressed the House.

Representative Reece of the 21st arose to a point of personal privilege and addressed

the House.

TUESDAY, MARCH 25, 2003

1481

Representative Rice of the 64th arose to a point of personal privilege and addressed the House.

Representative Mosley of the 129th, Post 1 arose to a point of personal privilege and addressed the House.

Representative Smith of the 129th, Post 2 arose to a point of personal privilege and addressed the House.

Representative Hines of the 35th arose to a point of personal privilege and addressed the House.

Representative Burmeister of the 96th arose to a point of personal privilege and addressed the House.

Representative Cooper of the 30th arose to a point of personal privilege and addressed the House.

Representative Mobley of the 58th arose to a point of personal privilege and addressed the House.

Representative Greene-Johnson of the 60th, Post 3 arose to a point of personal privilege and addressed the House.

Representative Smith of the 87th arose to a point of personal privilege and addressed the House.

Representative Hill of the 81st arose to a point of personal privilege and addressed the House.

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Representative Benfield of the 56th, Post 1 arose to a point of personal privilege and addressed the House.

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

Representative Coan of the 67th, Post 1 arose to a point of personal privilege and addressed the House.

Representative Dean of the 49th arose to a point of personal privilege and addressed the House.

Representative Oliver of the 56th, Post 2 arose to a point of personal privilege and addressed the House.

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

Representative Skipper of the 116th arose to a point of personal privilege and addressed the House.

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

HR 526. By Representative Howell of the 92nd:
A RESOLUTION commending the Griffin High School Bears basketball team and inviting the team and its coach to appear before the House of Representatives; and for other purposes.

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

TUESDAY, MARCH 25, 2003

1483

HB 339. By Representatives Greene of the 134th, Sholar of the 141st, Post 1, Reece of the 11th and Buckner of the 109th:
A BILL to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, so as to change certain provisions relating to confidentiality of papers, exemption from subpoena, and declassification; and for other purposes.

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

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

N Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas N Chambers Y Channell Y Childers N Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

N Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin N Massey Y Maxwell Y McBee Y McCall Y McClinton N Millar N Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall
Ray Reece, B Y Reece, S Y Rice Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal N Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Sinkfield
Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson
Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, R Y Wix Y Yates
Coleman, Speaker

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On the passage of the Bill, the ayes were 161, nays 10. The Bill, having received the requisite constitutional majority, was passed.

HB 341. By Representatives McBee of the 74th, Buck of the 112th, Porter of the 119th and Gardner of the 42nd, Post 3:
A BILL to amend Code Section 20-3-519.3 of the Official Code of Georgia Annotated, relating to HOPE scholarship eligibility requirements for students attending private postsecondary institutions, so as to make certain students attending such institutions part time eligible for HOPE scholarships; and for other purposes.

The report of the Committee, which was favorable to the 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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell

Y Day Y Dean
Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson
Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard

Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

TUESDAY, MARCH 25, 2003

Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

1485
Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 171, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Beasley-Teague of the 48th, Post 2 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 352. By Representatives Harbin of the 80th, Campbell of the 39th, Powell of the 23rd and Boggs of the 145th:
A BILL to amend Code Section 43-1-19 of the Official Code of Georgia Annotated, relating to grounds for refusing to grant or revoking licenses, so as to provide that complainants shall be notified of the status and disposition of complaints filed against licensees of professional licensing boards; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 43-1-19 of the Official Code of Georgia Annotated, relating to grounds for refusing to grant or revoking licenses, so as to provide that complainants shall be notified of the status and disposition of complaints filed against licensees of professional licensing boards; 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 43-1-19 of the Official Code of Georgia Annotated, relating to grounds for refusing to grant or revoking licenses, is amended by adding a new paragraph (5) to

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subsection (h) to read as follows: "(5) When a member of the public files a complaint with a professional licensing board or the division director against a licensee, within 30 days after the conclusion of the investigation of such complaint, the professional licensing board or the division director shall notify the complainant of the disposition of such complaint. Such notification shall include whether any action was taken by the board with regard to such complaint and the nature of such action. In addition, the division director and the board shall upon request by the complainant advise the complainant as to the status of the complaint during the period of time that such complaint is pending."
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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister

Y Day Dean Deloach
Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps
Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson

Y Hill, C.A Hill, V
Y Hines Holmes
Y Houston Y Howard Y Howell Y Hudson Y Hugley
Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice
Richardson

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M
Thompson Y Twiggs Y Walker, L
Walker, R.L Y Warren

Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

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Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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

HB 447. By Representatives Powell of the 23rd and Parham of the 94th:
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 applications of minors for drivers' licenses and distinctive license for persons under age 21; to change certain provisions relating to when courts are to send licenses and reports of convictions to the Department of Motor Vehicle Safety; 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; to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to instructors in driver training and operators of driver training schools; and for other purposes.

The following Committee substitute was read and withdrawn:

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 applications of minors for drivers licenses and distinctive license for persons under age 21; to change certain provisions relating to when courts are to send licenses and reports of convictions to the Department of Motor Vehicle Safety; to change the provisions relating to suspension of license or driving privilege for failure to respond to citation and reinstatement of license; to provide for forwarding of information and fees; to change certain provisions relating to

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limited driving permits for certain offenders; to change certain provisions relating to purpose of Article 4 of Chapter 5 of said title; 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 change certain provisions relating to administrative penalties; to change certain provisions relating to administration of the Motor Vehicle Safety Responsibility Act, rules and regulations, hearings, and appeals; 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 reporting requirements for provider centers for ignition interlock devices; 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 provide for licensing and regulation of instructors and operators of drivers education programs; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-5-64, relating to limited driving permits for certain offenders, by inserting a new subparagraph (g)(1)(C) 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 effective date of the revocation and of the right to review. The notice of revocation shall be deemed received three days after mailing."
SECTION 2. Said title is further amended by striking Code Section 40-5-80, relating to the purpose of Article 4 of Chapter 5 of said title, and inserting in lieu thereof the following:
"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

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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 title 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 title is further amended by striking Code Section 40-5-83, relating to establishment and approval of clinics and programs, out-of-state certificates of completion, instructor licenses, fees, and operation of clinics by employees of probation division, and inserting in lieu thereof the following:
"40-5-83. (a)(1) The commissioner of motor vehicle safety shall establish criteria for the approval of driver improvement clinics. To be approved, a clinic shall provide and

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operate either a defensive driving course, an advanced defensive driving course, or a professional defensive driving course or any combination thereof. Clinics shall be composed of uniform education and training programs consisting of six hours of instruction designed for the rehabilitation of problem drivers. The commissioner shall establish standards and requirements concerning the contents of courses, duration of courses, qualifications of instructors, fees, attendance requirements for students, and examinations. Approved clinics may shall charge a fee of not more than $60.00 $75.00 for a defensive driving course, an advanced defensive driving course, or a professional defensive driving course; except that such clinics may charge different fees of their own choosing if the person is not enrolling in such course pursuant to court order or department requirement. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit of the books, records, and financial statements of such clinic. Clinics may be operated by any individual, partnership, corporation, association, civic group, club, county, municipality, board of education, school, or college.
(1.1)(A) No driver improvement clinic shall be permitted to use, adopt, or conduct any business under any name that is like or deceptively similar to any name used by any other driver improvement clinic, Georgia company, or Georgia corporation registered with the Secretary of State. This subparagraph shall not prohibit the franchising or licensing of any part or all of the name of a driver improvement clinic by the owner or the rights thereof to another licensed driver improvement clinic. (B) This paragraph shall not prohibit the franchising or licensing of any part or all of the name of a clinic by the owner of the rights therein to another licensed driver improvement clinic. (2) The commissioner may issue a special license to the instructor of any commercial driver training school authorizing such instructor to teach a defensive driving course, advanced defensive driving course, or professional defensive driving course of a driver improvement clinic provided pursuant to this Code section if such instructor is qualified to teach a teen-age driver education course which consists of a minimum of 30 hours of classroom and six hours of behind-the-wheel training and such instructor certifies to the commissioner that he or she has provided at least 250 hours of behindthe-wheel training in a teen-age driver education course. (b)(1) The commissioner shall be authorized to accept certificates of completion from all defensive driving, driving under the influence, and alcohol and drug programs, clinics, and courses approved by any other state, the District of Columbia, and territories and possessions of the United States, including military reservations, whereby driver improvement clinics, programs, and courses shall be approved for use by residents of this state, other states, the District of Columbia, and territories and possessions of the United States. (2) Driver improvement clinics, programs, and courses outside of the State of Georgia shall not be required to comply with the provisions of subsection (a) of this Code section. (3) Driving under the influence and alcohol and drug programs, clinics, and courses

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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. (c) The commissioner shall be authorized to issue a special license to the instructor of any driver improvement clinic who is qualified to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142. A driver improvement clinic shall offer such alcohol and drug course only through a qualified instructor and shall not charge a fee for such course of more than $25.00. The commissioner shall be authorized to issue a special license to the instructor of any commercial driver training school to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142 who is qualified to teach a teen-age driver education course, which course consists of a minimum of 30 hours of classroom and six hours of behind-thewheel training. The alcohol and drug program may be included in the 30 hours of classroom training as part of a curriculum approved by the department. Any fee authorized by law for such a drug and alcohol course may be included in the tuition charge for a teen-age driver education course. Any text or workbook provided or required by the Department of Public Safety for such alcohol and drug course shall be provided by the department at the same fee as currently charged by the department to any public or private school, contractor, or appropriate representative currently teaching the program. (d) Notwithstanding the provisions of any law or rule or regulation which prohibits any individual who is a probation officer or other official or employee of the probation division of the Department of Corrections or a spouse of such individual from owning, operating, instructing at, or being employed by a driver improvement clinic, any individual who is a probation officer or other official or employee of the probation division of the Department of Corrections or a spouse of such individual who owns, operates, instructs at, or is employed by a driver improvement clinic on June 1, 1985, and who in all respects is and remains qualified to own, operate, instruct at, or be employed by a driver improvement clinic is expressly authorized to continue on and after June 1, 1985, to engage in such activities. No person who owns, operates, or is employed by a private company which has contracted to provide probation services for misdemeanor cases shall be authorized to own, operate, be an instructor at, or be employed by a driver improvement clinic or a DUI Alcohol or Drug Use Risk Reduction Program. (e) The Department of Human Resources is designated as the agency responsible for establishing criteria for the approval of DUI Alcohol or Drug Use Risk Reduction

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Programs. An applicant must meet the certification criteria promulgated by the Department of Human Resources through its standards and must provide the following services: (1) the assessment component and (2) the intervention component. The Department of Human Resources is designated as the agency responsible for establishing rules and regulations concerning the contents and duration of the components of DUI Alcohol or Drug Use Risk Reduction Programs, qualifications of instructors, attendance requirements for students, examinations, and program evaluations. Qualified instructors shall be certified for periods of four years each, which may be renewed. Approved DUI Alcohol or Drug Use Risk Reduction Programs shall charge a fee of $75.00 for the assessment component and $175.00 $190.00 for the intervention component. An additional fee for required student program materials shall be established by the Department of Human Resources in such an amount as is reasonable and necessary to cover the cost of such materials. No DUI Alcohol or Drug Use Risk Reduction Program shall be approved unless such clinic agrees in writing to submit reports as required in the rules and regulations of the Department of Human Resources and to allow the examination and audit of the books, records, and financial statements of such DUI Alcohol or Drug Use Risk Reduction Program by the Department of Human Resources or its authorized agent. DUI Alcohol or Drug Use Risk Reduction Programs may be operated by any public, private, or governmental entity; provided, however, that, except as otherwise provided in this subsection, in any political subdivision in which a DUI Alcohol or Drug Use Risk Reduction Program is operated by a private entity, whether for profit or nonprofit, neither the local county board of health nor any other governmental entity shall fund any new programs in that area. Programs currently in existence which are operated by local county boards of health or any other governmental entities shall be authorized to continue operation. New programs may be started in areas where no private DUI Alcohol or Drug Use Risk Reduction Programs have been made available to said community. The Department of Corrections is authorized to operate DUI Alcohol or Drug Use Risk Reduction Programs in its facilities where offenders are not authorized to participate in such programs in the community, provided that such programs meet the certification criteria promulgated by the Department of Human Resources. All such programs operated by the Department of Corrections shall be exempt from all fee provisions established in this subsection specifically including the rebate of any fee for the costs of administration. No DUI Alcohol or Drug Use Risk Reduction Program will be approved unless such clinic agrees in writing to pay to the state, for the costs of administration, a fee of $15.00, for each offender assessed or each offender attending for points reduction, provided that nothing in this Code section shall be construed so as to allow the Department of Human Resources to retain any funds required by the Constitution of Georgia to be paid into the state treasury; and provided, further, that the Department of Human Resources 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."

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SECTION 5. Said title 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 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 title 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."

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SECTION 7. Said title is further amended by striking Code Section 40-5-88, relating to administrative penalties, and inserting in lieu thereof the following:
"40-5-88. (a) As an alternative to criminal or other civil enforcement, the commissioner of motor vehicle safety or the commissioner of human resources, whichever is applicable, in order to enforce this article or any orders, rules, or regulations promulgated pursuant to this article, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever that commissioner, after a hearing, determines that any person, firm, or corporation has violated any provisions of this article or any regulations or orders promulgated under this article. (b) The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person, firm, or corporation who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of either the commissioner of motor vehicle safety or the commissioner of human resources shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall be paid into the state treasury. The commissioner of motor vehicle safety or the commissioner of human resources, as appropriate, may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of such commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to such commissioner with respect to any violation of this article or any order, rules, or regulations promulgated pursuant to this article."
SECTION 8. 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 its place 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 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

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probation, and the Department of Motor Vehicle Safety shall be given written notice within five days. If an ignition interlock device is found to be malfunctioning, it shall be replaced or repaired, as ordered by the court or the Department of Motor Vehicle Safety, at the expense of the provider."
SECTION 9. 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 in its entirety Code Section 43-13-1, relating to the short title, and inserting in lieu thereof the following:
"43-13-1. This chapter shall be known and may be cited as 'The Driver Training School and Drivers Education Program License Act.'"
SECTION 10. Said chapter is further amended by striking in its entirety Code Section 43-13-2, relating to definitions, and inserting in lieu thereof the following:
"43-13-2. As used in this chapter, the term:
(1) 'Department' means the Department of Motor Vehicle Safety acting directly or through its duly authorized officers and agents. (2) 'Driver training schools' means any person, partnership, limited liability company, or corporation giving driving instruction to ten or more persons per calendar year for the purpose of assisting such persons to meet the requirements for licensed driving of Class A or Class B motor vehicles in this state. (3) 'Drivers education program' means any person, partnership, limited liability company, or corporation giving driving instruction to ten or more persons per calendar year for the purpose of assisting such persons to meet the requirements for licensed driving of Class C or Class M motor vehicles in this state. (3)(4) 'Drivers license examiners' means examiners appointed by the Department of Motor Vehicle Safety for the purpose of giving drivers license examinations. (4)(5) 'Motor vehicle' means every vehicle which is self-propelled upon, or by which any person or property is or may be transported or drawn upon, a public highway except devices used exclusively upon stationary rails or tracks. (5)(6) 'Person' means every natural person, firm, partnership, limited liability company, association, corporation, or school."
SECTION 11. Said chapter is further amended by striking in its entirety Code Section 43-13-3, relating to license requirement, and inserting in lieu thereof the following:
"43-13-3. No person shall operate a driver training school, operate a drivers education program, or engage in the business of giving instruction for hire in the driving of motor vehicles

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or in the preparation of an applicant for examination given by drivers license examiners for a drivers license or permit unless a license therefor has been secured from the department. Separate licenses shall be required for the operation of a driver training school and a drivers education program."
SECTION 12. Said chapter is further amended by striking in its entirety Code Section 43-13-4, relating to qualifications for driver training and school operators, and inserting in lieu thereof the following:
"43-13-4. Every person who desires to operate a driver training school or a drivers education program shall meet the following requirements:
(1) Be of good moral character; (2) Maintain an established place of business in the State of Georgia 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 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 13. Said chapter is further amended by inserting a new Code section to read as follows:
"43-13-4.1.

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(a) No driver training school shall be permitted to use, adopt, or conduct any business under any name that is like or deceptively similar to any name of a Georgia corporation registered with the Secretary of State. (b) This Code section shall not prohibit the franchising or licensing of any part or all of the name of a driver training school by the owner of the rights therein to another licensed driver training school."
SECTION 14. Said chapter is further amended by striking in its entirety Code Section 43-13-5, relating to qualifications of driver training school instructors, and inserting in lieu thereof the following:
"43-13-5. Every person who desires to qualify as an instructor for a driver training school or a drivers education program shall meet the following requirements:
(1) Be of good moral character; (2) Present to the department evidence of credit in driver education and safety from an accredited college or university equivalent to credits in those subjects which are required of instructors in the public schools of this state or give satisfactory performance on a written, oral, performance, or combination examination administered by the department testing both knowledge of the field of driver education and skills necessary to instruct and impart driving skills and safety to students. The examination shall be administered quarterly or upon the written application of four or more prospective licensees. The examination fee shall not exceed $25.00; (3) Be physically able to operate safely a motor vehicle and to instruct others in the operation of motor vehicles; (4) Hold a valid drivers license; and (5) Pay to the department an application fee of $5.00."
SECTION 15. Said chapter is further amended by striking in its entirety Code Section 43-13-6, relating to issuance of licenses to qualified applicants and expiration and renewal of licenses, and inserting in lieu thereof the following:
"43-13-6. (a) The department shall issue a license certificate to each operator of a driver training school, to each operator of a drivers education program, or to each driver training instructor, or to each drivers education instructor when the department is satisfied that such person has met the qualifications required under this chapter. (b) All licenses issued to driver training schools, drivers education programs, or driver training instructors, or drivers education instructors pursuant to this chapter shall be valid for four years from the date of issuance unless sooner canceled, suspended, or revoked under Code Section 43-13-7. All licenses shall be renewed through the department as provided in subsection (d) of this Code section and shall be valid for four

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years from the date of renewal. (c) The license of each driver training school, drivers education program, and each driver training instructor, and drivers education instructor may be renewed subject to the same conditions as the original license and upon payment of the same fee. (d) All applications for renewal of a driver training schools license, drivers education program license, or driver training instructors license, or drivers education instructors license shall be on a form prescribed by the department and must be filed with the department not more than 60 days nor less than ten days preceding the expiration date of the license to be renewed."
SECTION 16. Said chapter is further amended by striking in its entirety Code Section 43-13-7, relating to cancellation, suspension, revocation, or nonrenewal of licenses, and inserting in lieu thereof the following:
"43-13-7. The department may cancel, suspend, revoke, or refuse to renew any driver training schools, drivers education programs, or driver training instructors, or drivers education instructors license upon good cause being shown and after ten days notice to the license holder if:
(1) The department is satisfied that the licensee fails to meet the requirements to receive or hold a license under this chapter; (2) The licensee fails to keep the records required by this chapter; (3) The licensee permits fraud or engages in fraudulent practices, with reference to either the applicant or the department, or induces or countenances fraud or fraudulent practices on the part of any applicant for a drivers license or permit; (4) The licensee fails to comply with this chapter or any rule of the department made pursuant thereto; (5) The licensee represents himself or herself as an agent or employee of the department or license examiners or uses advertising designed to lead, or which would reasonably have the effect of leading, persons to believe that such licensee is in fact an employee or representative of the department or license examiners; (6) The licensee or any employee or agent of the licensee solicits driver training or drivers education instruction in an office of any department of the state having to do with the administration of any law relating to motor vehicles; or (7) The licensee or any employee or agent serving as a driver training instructor or drivers education instructor has had his or her license canceled, suspended, or revoked."
SECTION 17. Said chapter is further amended by striking in its entirety Code Section 43-13-8, relating to rules and regulations, and inserting in lieu thereof the following:
"43-13-8. (a) The commissioner of motor vehicle safety is authorized to prescribe, by rule,

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standards for the eligibility, conduct, equipment, and operation of driver training schools and instructors and drivers education programs and instructors and to adopt other reasonable rules and regulations to carry out this chapter. (b) The commissioner of the department shall have the authority to assess, after a hearing, an administrative fine not to exceed $1,000.00 per violation against any driver training school that fails to comply with any requirement imposed by or pursuant to this chapter. (c) The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person, firm, or corporation who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall be paid into the state treasury. The commissioner 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, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this chapter or any order, rules, or regulations promulgated pursuant to this chapter."
SECTION 18. Said chapter is further amended by striking in its entirety Code Section 43-13-10, relating to exceptions to operation under this chapter, and inserting in lieu thereof the following:
"43-13-10. (a) This chapter shall not apply to a college conducting a driver training course; nor shall it apply to driver improvement schools operated by the state or by a county or municipality. (b) Any public or private secondary or postsecondary school may conduct driver training courses or drivers education programs, subject to the requirement that the provisions of this chapter other than paragraph (2) of Code Section 43-13-4 shall apply to secondary schools conducting driver training courses or drivers education programs and to instructors therefor."
SECTION 19. (a) Section 1 of this Act shall become effective January 1, 2004. (b) Sections 2 through 18 of this Act shall become effective July 1, 2003.

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SECTION 20. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Powell of the 23rd, Parham of the 94th, and Porter of the 119th was read:

A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to applications of minors for drivers licenses and distinctive license for persons under age 21; to change certain provisions relating to when courts are to send licenses and reports of convictions to the Department of Motor Vehicle Safety; to change the provisions relating to suspension of license or driving privilege for failure to respond to citation and reinstatement of license; to provide for forwarding of information and fees; to change certain provisions relating to limited driving permits for certain offenders; to change certain provisions relating to purpose of Article 4 of Chapter 5 of said title; 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 change certain provisions relating to administrative penalties; to change certain provisions relating to administration of the Motor Vehicle Safety Responsibility Act, rules and regulations, hearings, and appeals; 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 reporting requirements for provider centers for ignition interlock devices; 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 provide for licensing and regulation of instructors and operators of driver training schools and commercial driver training schools; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic,

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is amended in Code Section 40-5-64, relating to limited driving permits for certain offenders, by inserting a new subparagraph (g)(1)(C) 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 effective date of the revocation and of the right to review. The notice of revocation shall be deemed received three days after mailing."
SECTION 2. Said title is further amended by striking Code Section 40-5-80, relating to the purpose of Article 4 of Chapter 5 of said title, and inserting in lieu thereof the following:
"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

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suspended by operation of law until a valid surety company bond is again in force."
SECTION 3. Said title 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 title is further amended by striking Code Section 40-5-83, relating to establishment and approval of clinics and programs, out-of-state certificates of completion, instructor licenses, fees, and operation of clinics by employees of probation division, and inserting in lieu thereof the following:
"40-5-83. (a)(1) The commissioner of motor vehicle safety shall establish criteria for the approval of driver improvement clinics. To be approved, a clinic shall provide and operate either a defensive driving course, an advanced defensive driving course, or a professional defensive driving course or any combination thereof. Clinics shall be composed of uniform education and training programs consisting of six hours of instruction designed for the rehabilitation of problem drivers. The commissioner shall establish standards and requirements concerning the contents of courses, duration of courses, qualifications of instructors, fees, attendance requirements for students, and examinations. Approved clinics may shall charge a fee of not more than $60.00 $75.00 for a defensive driving course, an advanced defensive driving course, or a professional defensive driving course; except that such clinics may charge different fees of their own choosing if the person is not enrolling in such course pursuant to court order or department requirement. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit of the books, records, and financial statements of such clinic. Clinics may be operated by any individual, partnership, corporation, association, civic group, club, county, municipality, board of education, school, or college. (1.1)(A) No driver improvement clinic shall be permitted to use, adopt, or conduct any business under any name that is like or deceptively similar to any name used by any other driver improvement clinic, Georgia company, or Georgia corporation registered with the Secretary of State. This subparagraph shall not prohibit the franchising or licensing of any part or all of the name of a driver improvement clinic by the owner or the rights thereof to another licensed driver improvement clinic. (B) This paragraph shall not prohibit the franchising or licensing of any part or all of the name of a clinic by the owner of the rights therein to another licensed driver improvement clinic. (2) The commissioner may issue a special license to the instructor of any commercial

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driver training school authorizing such instructor to teach a defensive driving course, advanced defensive driving course, or professional defensive driving course of a driver improvement clinic provided pursuant to this Code section if such instructor is qualified to teach a teen-age driver education course which consists of a minimum of 30 hours of classroom and six hours of behind-the-wheel training and such instructor certifies to the commissioner that he or she has provided at least 250 hours of behindthe-wheel training in a teen-age driver education course. (b)(1) The commissioner shall be authorized to accept certificates of completion from all defensive driving, driving under the influence, and alcohol and drug programs, clinics, and courses approved by any other state, the District of Columbia, and territories and possessions of the United States, including military reservations, whereby driver improvement clinics, programs, and courses shall be approved for use by residents of this state, other states, the District of Columbia, and territories and possessions of the United States. (2) Driver improvement clinics, programs, and courses outside of the State of Georgia shall not be required to comply with the provisions of subsection (a) of this Code section. (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. (c) The commissioner shall be authorized to issue a special license to the instructor of any driver improvement clinic who is qualified to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142. A driver improvement clinic shall offer such alcohol and drug course only through a qualified instructor and shall not charge a fee for such course of more than $25.00. The commissioner shall be authorized to issue a special license to the instructor of any commercial driver training school to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142 who is qualified to teach a teen-age driver education course, which course consists of a minimum of 30 hours of classroom and six hours of behind-thewheel training. The alcohol and drug program may be included in the 30 hours of classroom training as part of a curriculum approved by the department. Any fee authorized by law for such a drug and alcohol course may be included in the tuition charge for a teen-age driver education course. Any text or workbook provided or required by the Department of Public Safety for such alcohol and drug course shall be provided by the department at the same fee as currently charged by the department to

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any public or private school, contractor, or appropriate representative currently teaching the program. (d) Notwithstanding the provisions of any law or rule or regulation which prohibits any individual who is a probation officer or other official or employee of the probation division of the Department of Corrections or a spouse of such individual from owning, operating, instructing at, or being employed by a driver improvement clinic, any individual who is a probation officer or other official or employee of the probation division of the Department of Corrections or a spouse of such individual who owns, operates, instructs at, or is employed by a driver improvement clinic on June 1, 1985, and who in all respects is and remains qualified to own, operate, instruct at, or be employed by a driver improvement clinic is expressly authorized to continue on and after June 1, 1985, to engage in such activities. No person who owns, operates, or is employed by a private company which has contracted to provide probation services for misdemeanor cases shall be authorized to own, operate, be an instructor at, or be employed by a driver improvement clinic or a DUI Alcohol or Drug Use Risk Reduction Program. (e) The Department of Human Resources is designated as the agency responsible for establishing criteria for the approval of DUI Alcohol or Drug Use Risk Reduction Programs. An applicant must meet the certification criteria promulgated by the Department of Human Resources through its standards and must provide the following services: (1) the assessment component and (2) the intervention component. The Department of Human Resources is designated as the agency responsible for establishing rules and regulations concerning the contents and duration of the components of DUI Alcohol or Drug Use Risk Reduction Programs, qualifications of instructors, attendance requirements for students, examinations, and program evaluations. Qualified instructors shall be certified for periods of four years each, which may be renewed. Approved DUI Alcohol or Drug Use Risk Reduction Programs shall charge a fee of $75.00 for the assessment component and $175.00 $190.00 for the intervention component. An additional fee for required student program materials shall be established by the Department of Human Resources in such an amount as is reasonable and necessary to cover the cost of such materials. No DUI Alcohol or Drug Use Risk Reduction Program shall be approved unless such clinic agrees in writing to submit reports as required in the rules and regulations of the Department of Human Resources and to allow the examination and audit of the books, records, and financial statements of such DUI Alcohol or Drug Use Risk Reduction Program by the Department of Human Resources or its authorized agent. DUI Alcohol or Drug Use Risk Reduction Programs may be operated by any public, private, or governmental entity; provided, however, that, except as otherwise provided in this subsection, in any political subdivision in which a DUI Alcohol or Drug Use Risk Reduction Program is operated by a private entity, whether for profit or nonprofit, neither the local county board of health nor any other governmental entity shall fund any new programs in that area. Programs currently in existence which are operated by local county boards of health or any other governmental entities shall be authorized to continue operation.

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New programs may be started in areas where no private DUI Alcohol or Drug Use Risk Reduction Programs have been made available to said community. The Department of Corrections is authorized to operate DUI Alcohol or Drug Use Risk Reduction Programs in its facilities where offenders are not authorized to participate in such programs in the community, provided that such programs meet the certification criteria promulgated by the Department of Human Resources. All such programs operated by the Department of Corrections shall be exempt from all fee provisions established in this subsection specifically including the rebate of any fee for the costs of administration. No DUI Alcohol or Drug Use Risk Reduction Program will be approved unless such clinic agrees in writing to pay to the state, for the costs of administration, a fee of $15.00, for each offender assessed or each offender attending for points reduction, provided that nothing in this Code section shall be construed so as to allow the Department of Human Resources to retain any funds required by the Constitution of Georgia to be paid into the state treasury; and provided, further, that the Department of Human Resources 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."
SECTION 5. Said title 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.

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(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 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 title 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. Said title is further amended by striking Code Section 40-5-88, relating to administrative penalties, and inserting in lieu thereof the following:
"40-5-88. (a) As an alternative to criminal or other civil enforcement, the commissioner of motor vehicle safety or the commissioner of human resources, whichever is applicable, in order to enforce this article or any orders, rules, or regulations promulgated pursuant to this article, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever that commissioner, after a hearing, determines that any person, firm, or corporation has violated any provisions of this article or any regulations or orders promulgated under this article. Notwithstanding the foregoing, violations that are minor in nature and committed by a person, firm, or corporation shall be punished only by a written reprimand unless the person, firm, or corporation fails to remedy the violation within 30 days, in which case an administrative fine, not to exceed $250.00, may be issued. (b) The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person, firm, or corporation who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of either the commissioner of motor vehicle safety or the commissioner of human resources shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall be paid into the state treasury. The commissioner of motor vehicle safety or the commissioner of human resources, as appropriate, may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county

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wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of such commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to such commissioner with respect to any violation of this article or any order, rules, or regulations promulgated pursuant to this article."
SECTION 8. 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 its place 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 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, the Department of Motor Vehicle Safety shall be given written notice within five days by the probation officer, the court ordering the use of such device, or the interlock provider. If an ignition interlock device is found to be malfunctioning, it shall be replaced or repaired, as ordered by the court or the Department of Motor Vehicle Safety, at the expense of the provider."
SECTION 9. 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 in its entirety Code Section 43-13-1, relating to the short title, and inserting in lieu thereof the following:
"43-13-1. This chapter shall be known and may be cited as 'The Driver Training School and Commercial Driver Training School License Act.'"
SECTION 10. Said chapter is further amended by striking in its entirety Code Section 43-13-2, relating to definitions, and inserting in lieu thereof the following:
"43-13-2. As used in this chapter, the term:
(1) 'Department' means the Department of Motor Vehicle Safety acting directly or

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through its duly authorized officers and agents. (2) 'Driver training schools' means any person, partnership, limited liability company, or corporation giving driving instruction to ten or more persons per calendar year for the purpose of assisting such persons to meet the requirements for licensed driving of Class C or Class M motor vehicles in this state. (3) 'Commercial driver training school' means any person, partnership, limited liability company, or corporation giving driving instruction to ten or more persons per calendar year for the purpose of assisting such persons to meet the requirements for licensed driving of Class A or Class B motor vehicles in this state. (3)(4) 'Drivers license examiners' means examiners appointed by the Department of Motor Vehicle Safety for the purpose of giving drivers license examinations. (4)(5) 'Motor vehicle' means every vehicle which is self-propelled upon, or by which any person or property is or may be transported or drawn upon, a public highway except devices used exclusively upon stationary rails or tracks. (5)(6) 'Person' means every natural person, firm, partnership, limited liability company, association, corporation, or school."
SECTION 11. Said chapter is further amended by striking in its entirety Code Section 43-13-3, relating to license requirement, and inserting in lieu thereof the following:
"43-13-3. No person shall operate a driver training school, operate a commercial driver training school, or engage in the business of giving instruction for hire in the driving of motor vehicles or in the preparation of an applicant for examination given by drivers license examiners for a drivers license or permit unless a license therefor has been secured from the department. Separate licenses shall be required for the operation of a driver training school and a commercial driver training school."
SECTION 12. Said chapter is further amended by striking in its entirety Code Section 43-13-4, relating to qualifications for driver training and school operators, and inserting in lieu thereof the following:
"43-13-4. Every person who desires to operate a driver training school or a commercial driver training school shall meet the following requirements:
(1) Be of good moral character; (2) Maintain an established place of business in the State of Georgia 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

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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 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 13. Said chapter is further amended by inserting a new Code section to read as follows:
"43-13-4.1. (a) No driver training school shall be permitted to use, adopt, or conduct any business under any name that is like or deceptively similar to any name of a Georgia corporation registered with the Secretary of State. (b) This Code section shall not prohibit the franchising or licensing of any part or all of the name of a driver training school by the owner of the rights therein to another licensed driver training school."
SECTION 14. Said chapter is further amended by striking in its entirety Code Section 43-13-5, relating to qualifications of driver training school instructors, and inserting in lieu thereof the following:
"43-13-5. Every person who desires to qualify as an instructor for a driver training school or a commercial driver training school shall meet the following requirements:
(1) Be of good moral character; (2) Present to the department evidence of credit in driver education and safety from an accredited college or university equivalent to credits in those subjects which are required of instructors in the public schools of this state or give satisfactory performance on a written, oral, performance, or combination examination administered by the department testing both knowledge of the field of driver

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education and skills necessary to instruct and impart driving skills and safety to students. The examination shall be administered quarterly or upon the written application of four or more prospective licensees. The examination fee shall not exceed $25.00; (3) Be physically able to operate safely a motor vehicle and to instruct others in the operation of motor vehicles; (4) Hold a valid drivers license; and (5) Pay to the department an application fee of $5.00."
SECTION 15. Said chapter is further amended by striking in its entirety Code Section 43-13-6, relating to issuance of licenses to qualified applicants and expiration and renewal of licenses, and inserting in lieu thereof the following:
"43-13-6. (a) The department shall issue a license certificate to each operator of a driver training school, to each operator of a commercial driver training school, or to each driver training instructor, or to each commercial driver training instructor when the department is satisfied that such person has met the qualifications required under this chapter. (b) All licenses issued to driver training schools, commercial driver training schools, or driver training instructors, or commercial driver training instructors pursuant to this chapter shall be valid for four years from the date of issuance unless sooner canceled, suspended, or revoked under Code Section 43-13-7. All licenses shall be renewed through the department as provided in subsection (d) of this Code section and shall be valid for four years from the date of renewal. (c) The license of each driver training school, commercial driver training school, and each driver training instructor, and commercial driver training instructor may be renewed subject to the same conditions as the original license and upon payment of the same fee. (d) All applications for renewal of a driver training schools license, commercial driver training school license, or driver training instructors license, or commercial driver training instructors license shall be on a form prescribed by the department and must be filed with the department not more than 60 days nor less than ten days preceding the expiration date of the license to be renewed."
SECTION 16. Said chapter is further amended by striking in its entirety Code Section 43-13-7, relating to cancellation, suspension, revocation, or nonrenewal of licenses, and inserting in lieu thereof the following:
"43-13-7. The department may cancel, suspend, revoke, or refuse to renew any driver training schools, commercial driver training schools, or driver training instructors, or commercial driver training instructors license upon good cause being shown and after

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ten days notice to the license holder if: (1) The department is satisfied that the licensee fails to meet the requirements to receive or hold a license under this chapter; (2) The licensee fails to keep the records required by this chapter; (3) The licensee permits fraud or engages in fraudulent practices, with reference to either the applicant or the department, or induces or countenances fraud or fraudulent practices on the part of any applicant for a drivers license or permit; (4) The licensee fails to comply with this chapter or any rule of the department made pursuant thereto; (5) The licensee represents himself or herself as an agent or employee of the department or license examiners or uses advertising designed to lead, or which would reasonably have the effect of leading, persons to believe that such licensee is in fact an employee or representative of the department or license examiners; (6) The licensee or any employee or agent of the licensee solicits driver training or commercial driver training instruction in an office of any department of the state having to do with the administration of any law relating to motor vehicles; or (7) The licensee or any employee or agent serving as a driver training instructor or commercial driver training instructor has had his or her license canceled, suspended, or revoked."
SECTION 17. Said chapter is further amended by striking in its entirety Code Section 43-13-8, relating to rules and regulations, and inserting in lieu thereof the following:
"43-13-8. (a) The commissioner of motor vehicle safety is authorized to prescribe, by rule, standards for the eligibility, conduct, equipment, and operation of driver training schools and instructors and commercial driver training schools and instructors and to adopt other reasonable rules and regulations to carry out this chapter. Notwithstanding the foregoing, violations that are minor in nature and committed by a person, firm, or corporation shall be punished only by a written reprimand unless the person, firm, or corporation fails to remedy the violation within 30 days, in which case an administrative fine, not to exceed $250.00, may be issued. (b) The commissioner of the department shall have the authority to assess, after a hearing, an administrative fine not to exceed $1,000.00 per violation against any driver training school or commercial driver training school that fails to comply with any requirement imposed by or pursuant to this chapter. (c) The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person, firm, or corporation who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall be paid into the state treasury. The commissioner may file, in the superior court: (1) wherein the person

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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, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this chapter or any order, rules, or regulations promulgated pursuant to this chapter."
SECTION 18. (a) Section 1 of this Act shall become effective January 1, 2004. (b) Sections 2 through 17 of this Act shall become effective July 1, 2003.
SECTION 19. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Powell of the 23rd, Parham of the 94th, and Porter of the 119th move to amend the Floor substitute to HB 447 by renumbering Sections 18 and 19 as Sections 19 and 20, respectively.
By adding after line 31 on page 14 a new Section 18 to read as follows:
"SECTION 18. Said chapter is further amended by striking in its entirety Code Section 43-13-10, relating to exceptions to operation under this chapter, and inserting in lieu thereof the following:
'43-13-10. (a) This chapter shall not apply to a college conducting a driver or commercial driver training course; nor shall it apply to driver improvement schools operated by the state or by a county or municipality. (b) Any public or private secondary school or private postsecondary school may conduct driver training courses or drivers education programs, subject to the requirement that the provisions of this chapter other than paragraph (2) of Code Section 43-13-4 shall apply to secondary schools and private postsecondary schools conducting driver training courses or drivers education programs and to instructors therefor.'"

TUESDAY, MARCH 25, 2003 By striking line 34 on page 14 and inserting in its place the following: "(b) Sections 2 through 18 of this Act shall become effective July 1, 2003."

1513

The Floor substitute, as amended, was adopted.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux
Borders Y Bridges Y Brock Y Brooks Y Broome
Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean
Deloach Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey
Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor
Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson
Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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JOURNAL OF THE HOUSE

On the passage of the Bill, by substitute, as amended, the ayes were 170, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Maxwell of the 27th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 415. By Representatives Snow of the 1st, Boggs of the 145th, Day of the 126th, Jenkins of the 93rd, Hill of the 81st and others:
A BILL to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to provide that engaging in specified businesses shall be a violation of a sheriff's oath of office; and for other purposes.

The following amendment was read and adopted:

Representative Snow of the 1st moves to amend HB 415 by inserting on line 13 of page 1 immediately after the word "business" the following:
"in the county in which the sheriff has jurisdiction".
By striking line 15 of page 1 and inserting in lieu thereof the following:
"engagement in a prohibited business by the spouse or an unemancipated child of the sheriff.'"

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 Amerson Y Anderson Y Ashe Y Bannister

Y Day Y Dean Y Deloach Y Dix

Y Hill, C.A Hill, V
Y Hines Y Holmes

Y Mobley Y Moraitakis Y Morris Y Mosby

Sims Sinkfield Y Skipper Y Smith, B

TUESDAY, MARCH 25, 2003

Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson
James Y Jamieson Y Jenkins
Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

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Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper N Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, as amended, the ayes were 169, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Thomas of the 33rd, Post 2 stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

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

HR 531. By Representatives Dollar of the 31st, Cooper of the 30th, Golick of the 34th, Post 3, Teilhet of the 34th, Post 2 and Stoner of the 34th, Post 1:

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JOURNAL OF THE HOUSE
A RESOLUTION commending the Joseph Wheeler High School boys basketball team and coaches 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 were taken up for consideration and read the third time:

HB 383. By Representatives Birdsong of the 104th, Royal of the 140th, Smyre of the 111th, Porter of the 119th, Buck of the 112th and others:
A BILL to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to provide that military income received by a member of the national guard or any reserve component of the armed services of the United States stationed in a combat zone as a result of military orders shall not be subject to state income tax; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs

Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

TUESDAY, MARCH 25, 2003

Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

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Y Walker, L Walker, R.L
Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 176, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 638. By Representatives Channell of the 77th, Shaw of the 143rd, Parrish of the 102nd, Purcell of the 122nd, Greene of the 134th and others:
A BILL to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and benefits plans, so as to include employees of public or nonprofit critical access hospitals in certain state benefits plans; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal
Orrock Y Parham Y Parrish Y Parsons

Y Sims Sinkfield
Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson Y Stokes

1518
Y Brooks Y Broome Y Brown Y Bruce Y Buck
Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick
Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 169, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 236. By Representative Golick of the 34th, Post 3:
A BILL to amend Code Section 16-14-3 of the Official Code of Georgia Annotated, relating to definitions, so as to include insurance fraud within the definition of racketeering activity under the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act"; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner

Y Hill, C.A Hill, V
Y Hines Y Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q
Noel Y Oliver, B

Y Sims Sinkfield
Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre

Y Black Y Boggs Y Bordeaux Y Borders N Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

TUESDAY, MARCH 25, 2003

Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson
Hill, C

Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan N Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L
Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw N Sheldon Y Sholar

1519
Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet N Teper Y Thomas, A N Thomas, A.M Y Thompson Y Twiggs N Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland
White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 161, nays 7. The Bill, having received the requisite constitutional majority, was passed.

HR 90.

By Representative Jamieson of the 22nd:
A RESOLUTION commending the Military Veterans of Banks County and designating the Veterans Memorial Highway; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister

Y Day Dean
Y Deloach Y Dix

Y Hill, C.A Hill, V
Y Hines Y Holmes

Y Mobley Y Moraitakis Y Morris Y Mosby

Y Sims Y Sinkfield Y Skipper Y Smith, B

1520

JOURNAL OF THE HOUSE

Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick
Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S
Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland
White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the adoption of the Resolution, the ayes were 170, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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

HR 532. By Representatives Fludd of the 48th, Post 4, Oliver of the 56th, Post 2, Benfield of the 56th, Post 1 and Mobley of the 58th:
A RESOLUTION honoring Natalie Koch Levy, M. D., and inviting her to appear before the House of Representatives; and for other purposes.

TUESDAY, MARCH 25, 2003 The following Resolutions of the House were read and adopted:

1521

HR 533. By Representative Royal of the 140th:
A RESOLUTION commending the Mitchell Baker High School Eagles varsity cheerleaders; and for other purposes.

HR 534. By Representative Hudson of the 95th:
A RESOLUTION commending The Sparta Ishmaelite on its 125th anniversary and R. Allen Haywood, its publisher and owner; and for other purposes.

HR 535. By Representatives Ralston of the 6th, Lewis of the 12th, White of the 3rd, Post 2, Rogers of the 15th, Knox of the 14th, Post 1 and others:
A RESOLUTION commending Nancy Gantt Proffitt; and for other purposes.

HR 536. By Representative Skipper of the 116th:
A RESOLUTION commending Magnolia Manor, the South Georgia Methodist Home for the Aging, Inc., on its fortieth anniversary; and for other purposes.

HR 537. By Representative Mangham of the 62nd:
A RESOLUTION congratulating the Antioch Lithonia Missionary Baptist Church; and for other purposes.

HR 538. By Representative Lane of the 101st:
A RESOLUTION congratulating and commending Elder John Shelton Mikell upon the occasion of the 50th anniversary of his ordination as a Primitive Baptist minister of the Gospel; and for other purposes.
HR 539. By Representatives Wix of the 33rd, Post 1, Teilhet of the 34th, Post 2, Stoner of the 34th, Post 1, Parsons of the 29th and Coleman of the 118th:

1522

JOURNAL OF THE HOUSE
A RESOLUTION commending the chiropractic profession and recognizing Chiropractic Day in Georgia; and for other purposes.

HR 540. By Representatives Beasley-Teague of the 48th, Post 2, Mobley of the 58th, Fludd of the 48th, Post 4, Lord of the 103rd and Brooks of the 47th:
A RESOLUTION honoring the life of Mother Zora Lee Maye and expressing sympathy upon her passing; and for other purposes.

HR 541. By Representatives Reece of the 21st, Jamieson of the 22nd, Twiggs of the 8th, Parrish of the 102nd, Parham of the 94th and others:
A RESOLUTION expressing regret at the passing of Neil Little Pruitt, Sr.; and for other purposes.

HR 542. By Representatives Hembree of the 46th, Bruce of the 45th, Westmoreland of the 86th, Coan of the 67th, Post 1, Williams of the 128th and others:
A RESOLUTION expressing support for Chief Warrant Officer Ronald D. Young, Jr.; and for other purposes.

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

HR 543. By Representative James of the 114th:
A RESOLUTION commending the Taylor County High School Lady Vikings basketball team and inviting the team and its coach to appear before the House of Representatives; and for other purposes.

Representative Holmes of the 48th District, Post 1, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following

TUESDAY, MARCH 25, 2003
recommendations: HB 79 Do Pass, by Substitute HB 320 Do Pass, by Substitute

1523

Respectfully submitted, /s/ Holmes of the 48th, Post 1
Chairman

Representative Lane of the 101st District, Chairman of the Committee on Game, Fish and Parks, submitted the following report:
Mr. Speaker:
Your Committee on Game, Fish and Parks has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 444 Do Pass, by Substitute SB 134 Do Pass

Respectfully submitted, /s/ Lane of the 101st
Chairman

Representative Powell of the 23rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 558 Do Pass, by Substitute HB 639 Do Pass, as Amended

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JOURNAL OF THE HOUSE
Respectfully submitted, /s/ Powell of the 23rd
Chairman

Representative Lord of the 103rd District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:

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

HB 547 Do Pass HB 598 Do Pass HB 619 Do Pass

HB 697 Do Pass HB 721 Do Pass, by Substitute

Respectfully submitted, /s/ Lord of the 103rd
Chairman

Representative Bordeaux of the 125th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 94 Do Pass, by Substitute HB 176 Do Pass, by Substitute

Respectfully submitted, /s/ Bordeaux of the 125th
Chairman

Representative Parham of the 94th District, Chairman of the Committee on Motor

TUESDAY, MARCH 25, 2003

1525

Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 616 Do Pass HB 620 Do Pass HB 688 Do Pass

Respectfully submitted, /s/ Parham of the 94th
Chairman

Representative Snow of the 1st District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:

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

HB 595 Do Pass, by Substitute HB 612 Do Pass

HB 632 Do Pass, as Amended HB 683 Do Pass

Respectfully submitted, /s/ Snow of the 1st
Chairman

Representative Epps of the 90th District, Chairman of the Committee on Regulated Industries, submitted the following report:
Mr. Speaker:
Your Committee on Regulated Industries has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the

1526

JOURNAL OF THE HOUSE

following recommendations:
HB 645 Do Pass, as Amended HB 680 Do Pass, as Amended

Respectfully submitted, /s/ Epps of the 90th
Chairman

Representative Royal of the 140th District, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

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

HB 138 Do Pass HB 148 Do Pass HB 413 Do Pass, by Substitute

HB 626 Do Pass HB 654 Do Pass HR 143 Do Pass

Respectfully submitted, /s/ Royal of the 140th
Chairman

The Speaker announced the House in recess until 5:00 P.M., at which time the House will stand adjourned until 10:00 o'clock A.M. the next legislative day.

WEDNESDAY, MARCH 26, 2003 Representative Hall, Atlanta, Georgia
Wednesday, March 26, 2003

1527

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 Rev. Joe Morecraft, III, Pastor, Chalcedon Presbyterian Church, Cumming, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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JOURNAL OF THE HOUSE

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

HB 778. By Representatives Maddox of the 59th, Post 2, Ashe of the 42nd, Post 2, Watson of the 60th, Post 2 and Williams of the 61st, Post 2:
A BILL to amend Code Section 16-12-120, relating to certain acts in public transit buses, rapid rail cars, or stations and penalty, so as to provide that a person may consume and possess bottled water in a public transit bus, rapid rail car, or rapid rail station; and for other purposes.

Referred to the Committee on Transportation.

HB 779. By Representative Greene of the 134th:
A BILL to provide that future elections for the office of probate judge of Miller County shall be nonpartisan elections; and for other purposes.

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

HB 780. By Representative Morris of the 120th:
A BILL to provide for a homestead exemption from City of Lyons ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.

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

HB 781. By Representative Greene of the 134th:
A BILL to provide that future elections for the office of probate judge of Clay County shall be nonpartisan elections; and for other purposes.

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

WEDNESDAY, MARCH 26, 2003

1529

HB 782. By Representative Morris of the 120th:
A BILL to provide for a homestead exemption from Toombs 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; and for other purposes.

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

HB 783. By Representative Morris of the 120th:
A BILL to provide for a homestead exemption from City of Vidalia independent school district ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.

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

HB 784. By Representative Morris of the 120th:
A BILL to provide for a homestead exemption from City of Vidalia 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; and for other purposes.

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

HB 785. By Representative Morris of the 120th:
A BILL to provide for a homestead exemption from City of Santa Claus ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.

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JOURNAL OF THE HOUSE

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

HB 786. By Representative Morris of the 120th:
A BILL to provide for a homestead exemption from Toombs County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.

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

HB 787. By Representative Royal of the 140th:
A BILL to amend an Act providing a new charter for the City of Pelham, so as to change the municipal election dates and terms of municipal officers and members of the board of education; and for other purposes.

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

HB 788. By Representative Crawford of the 91st:
A BILL to amend Code Section 17-12-36 of the Official Code of Georgia Annotated, relating to the budget of the Georgia Indigent Defense Council, solicitation of funds, and distribution of state appropriated funds, so as to change the criteria for distribution of state appropriated funds for indigent defense; and for other purposes.

Referred to the Committee on Judiciary.

HB 789. By Representative Greene of the 134th:
A BILL to provide that future elections for the office of probate judge of Quitman County shall be nonpartisan elections; and for other purposes.

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

WEDNESDAY, MARCH 26, 2003

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HB 790. By Representative Greene of the 134th:
A BILL to provide that future elections for the office of probate judge of Randolph County shall be nonpartisan elections; and for other purposes.

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

HB 791. By Representatives Porter of the 119th and Shaw of the 143rd:
A BILL to amend Article 1 of Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions related to state health planning and development, so as to provide for a method to calculate those costs related to the establishment of certain ambulatory surgery facilities that shall be included in determining such facilities' review status with the Department of Community Health; and for other purposes.

Referred to the Committee on Health and Human Services.

HB 792. By Representatives Porter of the 119th and Buck of the 112th:
A BILL to amend Article 4 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to parties in civil actions, so as to provide for the comprehensive revision of provisions regarding class actions; and for other purposes.

Referred to the Committee on Judiciary.

HB 793. By Representative Williams of the 4th:
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 definitions relative to identification cards for persons with disabilities; to change certain provisions relating to definitions relative to parking for persons with disabilities; and for other purposes.

Referred to the Committee on Motor Vehicles.

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JOURNAL OF THE HOUSE

HB 794. By Representative Royal of the 140th:
A BILL to amend Chapter 6 of Title 28 of the Official Code of Georgia Annotated, relating to interstate cooperation, so as to change certain provisions regarding the function of the Georgia Commission on Interstate Cooperation; to change certain provisions regarding the status of the Council of State Governments; and for other purposes.

Referred to the Committee on Ways & Means.

HB 795. By Representatives Ralston of the 6th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1:
A BILL to amend an Act known as the "Ellijay-Gilmer County Water and Sewerage Authority Act," so as to change the number of members of the authority; to provide for the appointment and terms of office of the members; and for other purposes.

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

HB 796. By Representatives Douglas of the 73rd, Stokes of the 72nd and Bunn of the 63rd:
A BILL to amend an Act relating to the Board of Education of Newton County, so as to reconstitute the board of education; to change the description of the education districts; and for other purposes.

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

HB 797. By Representative Stephens of the 123rd:
A BILL to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the licensing of micropigmentation practitioners by the department; to define terms; to prohibit the practice of micropigmentation without a license; and for other purposes.

WEDNESDAY, MARCH 26, 2003 Referred to the Committee on Health and Human Services.

1533

HB 798. By Representatives Morris of the 120th, Lane of the 101st, Barnard of the 121st, Post 1 and Oliver of the 121st, Post 2:
A BILL to amend Article 6 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, the "Vidalia Onion Act of 1986," so as to change certain provisions relating to definitions; to change certain provisions relating to rules and regulations and enforcement of said article; to change certain provisions relating to marketing season opening date; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

HB 799. By Representatives Snow of the 1st and Day of the 126th:
A BILL to amend Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to protective orders and consent agreements relating to family violence, so as to revise a provision prohibiting certain mutual protective orders; to provide that a court may order a party to refrain from harassing or interfering with another party; and for other purposes.

Referred to the Committee on Judiciary.

HB 800. By Representative Parham of the 94th:
A BILL to amend an Act providing a new charter for the City of Milledgeville, so as to change provisions relating to the form of government of the City of Milledgeville; to revise, restate, and modernize certain provisions of said Act; and for other purposes.

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

HB 801. By Representatives Purcell of the 122nd and Stephens of the 123rd:
A BILL to provide that future elections for the office of chief magistrate of Effingham County shall be nonpartisan elections; and for other purposes.

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JOURNAL OF THE HOUSE

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

HB 802. By Representatives Purcell of the 122nd and Stephens of the 123rd:
A BILL to provide that future elections for the office of probate judge of Effingham County shall be nonpartisan elections; and for other purposes.

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

HB 803. By Representative Houston of the 139th:
A BILL to amend an Act to establish a new charter for the City of Nashville, so as to provide for the selection of a mayor pro tem; to provide for a city manager; to provide for selection, appointment, and removal of such city manager; to provide for duties and responsibilities of such city manager; and for other purposes.

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

HB 804. By Representatives Williams of the 128th, Mosley of the 129th, Post 1, DeLoach of the 127th, Smith of the 129th, Post 2 and Barnard of the 121st, Post 1:
A BILL to provide for the imposition of court information technology fees in Liberty County for each civil case filed and each fine imposed; to specify the uses to which said information technology fees may be put; and for other purposes.

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

HB 805. By Representatives Williams of the 128th, Keen of the 146th and DeLoach of the 127th:
A BILL to provide that future elections for the office of probate judge of McIntosh County shall be nonpartisan elections; and for other purposes.

WEDNESDAY, MARCH 26, 2003

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

HB 806. By Representatives Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Rogers of the 20th, Keen of the 146th and Westmoreland of the 86th:
A BILL to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Georgia Consumer Choice of Benefits Health Insurance Plan Act"; to provide a short title; to provide for legislative intent; to provide definitions; to provide that Georgia Consumer Choice of Benefits Health Insurance Plan policies or contracts not subject to state mandated health benefits may be offered by insurers to group or individual policy holders; and for other purposes.

Referred to the Committee on Insurance.

HB 807. By Representatives McCall of the 78th, Cooper of the 30th, Royal of the 140th and Roberts of the 131st:
A BILL to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required and disclosure of exempting legal authority, so as to provide an exemption for certain records related to public water supply systems or public sewage systems; to provide for judicial review in camera of certain nondisclosed documents; and for other purposes.

3/25/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 807. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative McCall District 78

Referred to the Committee on Natural Resources & Environment.

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JOURNAL OF THE HOUSE

HB 808. By Representative Jamieson of the 22nd:
A BILL to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of certificated personnel, so as to provide for an increase in state salary for school psychologists who earn national certification; and for other purposes.

Referred to the Committee on Education.

HB 809. By Representative Jamieson of the 22nd:
A BILL to amend Article 6 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances and benefits regarding The Georgia Firefighters' Pension Fund, so as to provide for the employment of retired firefighters; and for other purposes.

Referred to the Committee on Retirement.

HB 810. By Representative Jenkins of the 93rd:
A BILL to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of superior court clerks, so as to provide for certain fees and to extend the sunset date of such fees; to amend Code Section 15-6-97 of the Official Code of Georgia Annotated, relating to the state-wide uniform automated information system for property records, so as to extend the sunset date of said Code section; to amend Code Section 15-698 of the Official Code of Georgia Annotated, relating to collection and remittance of certain fees to the Georgia Superior Court Clerks' Cooperative Authority, so as to extend the sunset date of said Code section; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 811. By Representative Jenkins of the 93rd: A BILL to amend Code Section 15-6-77 of the Official Code of Georgia

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1537

Annotated, relating to fees of superior court clerks, so as to provide for certain fees and to repeal the future sunset of such fees; to amend Code Section 15-6-97 of the Official Code of Georgia Annotated, relating to the state-wide uniform automated information system for property records, so as to repeal the future sunset of said Code section; to amend Code Section 15-698 of the Official Code of Georgia Annotated, relating to collection and remittance of certain fees to the Georgia Superior Court Clerks' Cooperative Authority, so as to repeal the future sunset of said Code section; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 812. By Representatives Jenkins of the 93rd, Thompson of the 69th, Post 1, Mobley of the 58th, Ashe of the 42nd, Post 2, Orrock of the 51st and others:
A BILL to amend Article 7 of Chapter 5 of Title 16 and Code Section 19-136 of the Official Code of Georgia Annotated, relating respectively to stalking and penalties for violating certain family violence protective orders, so as to create a new offense relative to violating family violence orders and clarify penalties; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 813. By Representatives Jenkins of the 93rd, Parham of the 94th and Royal of the 140th:
A BILL to amend Code Section 48-7-29.5 of the Official Code of Georgia Annotated, relating to income tax credits for certain private driver education courses of minors, so as to authorize such credit with respect to any driver education which is offered by or through a public school; to change certain provisions regarding licensure; and for other purposes.

Referred to the Committee on Ways & Means.

HB 814. By Representatives Lane of the 101st, Barnes of the 84th, Post 2, Hill of the 81st, Warren of the 99th, Brock of the 5th and others:

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JOURNAL OF THE HOUSE
A BILL to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for the taking of certain wildlife; to change certain provisions relating to licenses for archery and primitive weapons hunting, all weapons hunting licenses, license card carrier requirements, and lifetime sportsman's licenses; to change certain provisions relating to trout, big game, and official Georgia waterfowl licenses; to change certain provisions relating to hunting at night; to change certain provisions relating to legal weapons for hunting wildlife generally; to change certain provisions relating to hunting of wildlife or feral hogs from boats, aircraft, or motor vehicles; and for other purposes.

Referred to the Committee on Game, Fish & Parks.

HB 815. By Representatives Lane of the 101st, Walker of the 115th, Barnes of the 84th, Post 2, Warren of the 99th, Brock of the 5th and others:
A BILL to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain provisions relating to effective dates of hunting, fishing, and trapping licenses generally; to change certain provisions relating to licenses for archery and primitive weapons hunting, all weapons hunting licenses, license card carrier requirement, and lifetime sportsmen's licenses; to change certain provisions relating to license, permit, tag, and stamp fees; and for other purposes.

Referred to the Committee on Game, Fish & Parks.

HB 816. By Representatives Mobley of the 58th, Stephenson of the 60th, Post 1 and Mangham of the 62nd:
A BILL to amend Code Section 40-5-28 of the Official Code of Georgia Annotated, relating to issuance of licenses, contents, signature required, and fingerprints, so as to provide that an applicant for a driver's license must sign an acknowledgment of the provisions of the implied consent law; and for other purposes.

Referred to the Committee on Motor Vehicles.

WEDNESDAY, MARCH 26, 2003

1539

HB 817. By Representative Smith of the 76th:
A BILL to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that a member of the Employees' Retirement System of Georgia may receive creditable service for unused sick leave accrued while he or she was a member of the Teachers Retirement System of Georgia under certain conditions; to provide that a member of the Teachers Retirement System of Georgia may receive creditable service for unused sick leave accrued while he or she was a member of the Employees' Retirement System of Georgia under certain conditions; and for other purposes.

Referred to the Committee on Retirement.

HB 818. By Representatives Brooks of the 47th and Massey of the 24th:
A BILL to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, so as to require policies that prohibit law enforcement officers from impermissibly using race or ethnicity in determining whether to stop a motorist; to require annual training of law enforcement officers on impermissible uses of race and ethnicity in stopping vehicles; to require law enforcement officers to document the race, ethnicity, and gender of a motorist and passengers; and for other purposes.

Referred to the Committee on Judiciary.

HB 819. By Representatives Noel of the 44th, Lane of the 101st, Barnard of the 121st, Post 1, Williams of the 4th, Rice of the 64th and others:
A BILL to amend Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to food service establishments, so as to define a term; to provide that food service establishments which serve iced tea shall serve sweet tea; to provide for penalties; and for other purposes.

Referred to the Committee on Economic Development and Tourism.

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JOURNAL OF THE HOUSE

HB 820. By Representatives Dukes of the 136th, Skipper of the 116th, Greene of the 134th, Hanner of the 133rd, Hudson of the 95th and others:
A BILL to amend Code Section 42-4-31 of the Official Code of Georgia Annotated, relating to required safety and security measures in jails, so as to provide that certain county jails shall be authorized to utilize a full-time dispatcher as a full-time jailer under certain conditions; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 821. By Representatives Benfield of the 56th, Post 1 and Oliver of the 56th, Post 2:
A BILL to amend Article 4 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to pretrial intervention and diversion programs, so as to allow certain courts to create and administer pretrial intervention and diversion programs; and for other purposes.

Referred to the Committee on Judiciary.

HB 822. By Representatives Ray of the 108th, McCall of the 78th, Smith of the 87th, Hudson of the 95th, Crawford of the 91st and others:
A BILL to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for the protection of farmland in developing areas; to provide for the acquisition and enforcement of agricultural conservation easements by the state; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

HB 823. By Representatives Walker of the 115th, Brooks of the 47th, Golick of the 34th, Post 3, Smith of the 87th, Barnard of the 121st, Post 1 and others:
A BILL to amend Code Section 50-3-1 of the Official Code of Georgia Annotated, relating to the state flag and certain monuments and memorials, so as to change the design and description of the state flag; to provide for a

WEDNESDAY, MARCH 26, 2003

1541

referendum to determine the wishes of the voters with respect to the flag so adopted; and for other purposes.

3/25/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 823. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Walker District 115

Referred to the Committee on Rules.

HB 824. By Representative Bordeaux of the 125th:
A BILL to amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to fees for sheriff's services, so as to increase the fee for serving copy of process and returning original; and for other purposes.

Referred to the Committee on Judiciary.

HB 825. By Representative Sims of the 130th:
A BILL to amend an Act creating the office of commissioner of roads and revenues in the County of Atkinson (now the board of commissioners of Atkinson County), so as to change the description of the commissioner districts; and for other purposes.

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

HB 826. By Representative Sims of the 130th: A BILL to amend an Act to reconstitute the board of education of Atkinson

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JOURNAL OF THE HOUSE
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 827. By Representatives Stanley-Turner of the 43rd, Post 2, Boggs of the 145th, Walker of the 115th, Holmes of the 48th, Post 1 and Stokes of the 72nd:
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 that are not required to be open to the public; to change certain provisions relating to exceptions from the requirements of disclosure of public records; and for other purposes.

3/25/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 827. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Stanley-Turner District 43, Post 2

Referred to the Committee on Judiciary.

HB 828. By Representative Mangham of the 62nd:
A BILL to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to the legal defense of indigents, so as to enact the "Georgia Indigent Defense Act of 2003"; to create the Georgia Indigent Defense Board; to provide for responsibilities, budget authority, and duties of the board; to provide for the appointment of circuit public defenders; to provide for responsibilities of the circuit public defender; to provide for the scope of representation; to amend Titles 15,16, and 35 of the Official Code of Georgia Annotated, so as to change references; and for other purposes.

WEDNESDAY, MARCH 26, 2003 Referred to the Committee on Judiciary.

1543

HR 527. By Representatives Ray of the 108th, Porter of the 119th and Jenkins of the 93rd:
A RESOLUTION proposing an amendment to the Constitution so as to authorize special methods of ad valorem taxation of antique aircraft; to provide for conditions and limitations; to provide for authority of the General Assembly with respect to the foregoing; and for other purposes.

Referred to the Committee on Ways & Means.

HR 528. By Representatives Ashe of the 42nd, Post 2 and Benfield of the 56th, Post 1:
A RESOLUTION creating the House Study Committee on School Restroom Standards; and for other purposes.

Referred to the Committee on Rules.

HR 529. By Representatives Ashe of the 42nd, Post 2, Teper of the 42nd, Post 1, Gardner of the 42nd, Post 3 and Moraitakis of the 42nd, Post 4:
A RESOLUTION creating the Joint Study Committee on the Rehabilitation of the Winecoff Hotel; and for other purposes.

Referred to the Committee on Rules.

HR 530. By Representatives Wix of the 33rd, Post 1, Harbin of the 80th, Rogers of the 20th, Barnes of the 84th, Post 2 and Dodson of the 84th, Post 1:
A RESOLUTION creating the House Study Committee on Franchise Fees and the Use of Public Rights of Way; and for other purposes.

Referred to the Committee on Rules.

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JOURNAL OF THE HOUSE

HR 544. By Representative Warren of the 99th: A RESOLUTION designating Alvin Mitchell Street; and for other purposes.

3/25/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 544. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Warren District 99

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 749 HB 750 HB 751 HB 752 HB 753 HB 754 HB 755 HB 756 HB 757 HB 758 HB 759 HB 760 HB 761 HB 762 HB 763 HB 764 HB 765 HB 766 HB 767

HB 768 HB 769 HB 770 HB 771 HB 772 HB 773 HB 774 HB 775 HB 776 HB 777 HR 404 HR 405 HR 406 HR 407 HR 408 SB 43 SB 129 SB 205

WEDNESDAY, MARCH 26, 2003

1545

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

HB 774. By Representatives Lane of the 101st, Westmoreland of the 86th, Keen of the 146th and Noel of the 44th:

A BILL to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to provide for legislative findings; to provide for definitions; to provide for certain certifications by tobacco manufacturers; to provide for a directory data base of certifying tobacco manufacturers; to establish a prohibition against sales by tobacco manufacturers not included in the directory data base; to require an in state agent for service of process; to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, so as to prohibit the sale of certain cigarettes; and for other purposes.

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

N Amerson Y Anderson Y Ashe N Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield
Birdsong Y Black
Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter Y Burmeister N Butler
Campbell N Casas N Chambers Y Channell Y Childers

Day Dean Y Deloach N Dix Y Dodson N Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart N Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner Y Golick Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K

Hill, C.A Hill, V N Hines Y Holmes Y Houston Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Jenkins Jones Y Jordan N Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Lucas Y Lunsford Y Maddox Mangham Manning Y Marin Y Martin Y Massey N Maxwell Y McBee

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel
Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish
Parsons Porter Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B N Reece, S N Rice Y Richardson Y Roberts, J Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders

Y Sims Sinkfield
Y Skipper Y Smith, B
Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Stokes Y Stoner Y Teilhet Y Teper Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L N Walker, R.L Y Warren Y Watson Y Westmoreland N White Y Wilkinson Y Willard Y Williams, A

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Coan Y Coleman, B
Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Heath Y Heckstall E Hembree Y Henson Y Hill, C

Y McCall McClinton Millar
N Mills Y Mitchell

Y Sailor N Scott
Shaw N Sheldon Y Sholar

On the motion the ayes were 123, nays 24. The motion prevailed.

Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

Representatives Jenkins of the 93rd, Mangham of the 62nd, and Manning of the 32nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Pursuant to Rule 52, Representative James of the 114th moved that the following Resolution of the House be engrossed:

HR 406. By Representatives Ray of the 108th and James of the 114th:

A RESOLUTION designating that overpass between Commercial Heights and SR 96 East in the City of Fort Valley which connects U.S. 341 and SR 96 East as the Gamaliel Hilson Memorial Overpass; and for other purposes.

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

N Amerson Anderson
Y Ashe N Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome N Brown Y Bruce Y Buck

Day Dean Y Deloach N Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart N Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Fludd N Forster N Franklin Y Gardner

N Hill, C.A Hill, V
N Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins N Jones Y Jordan N Joyce N Keen N Knox Y Lane N Lewis

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley
Murphy, J Y Murphy, Q Y Noel
Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Porter
Powell Y Purcell Y Ralston Y Randall

Y Sims Sinkfield
Y Skipper N Smith, B
Smith, L Y Smith, P Y Smith, T N Smith, V
Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M

Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister
Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B
Cooper Y Crawford Y Cummings

WEDNESDAY, MARCH 26, 2003

Y Golick N Graves, D N Graves, T Y Greene
Greene-Johnson Y Hanner Y Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall E Hembree Y Henson N Hill, C

Y Lord Lucas
N Lunsford Y Maddox
Mangham N Manning Y Marin N Martin N Massey N Maxwell Y McBee Y McCall Y McClinton Y Millar N Mills Y Mitchell

Y Ray Y Reece, B N Reece, S
Rice Y Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders Y Sailor N Scott Y Shaw N Sheldon Y Sholar

On the motion the ayes were 104, nays 54. The motion prevailed.

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Y Thompson Y Twiggs Y Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

Representative Mangham of the 62nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Parham of the 94th District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 175 Do Pass, by Substitute HB 578 Do Pass, by Substitute HB 636 Do Pass, by Substitute

Respectfully submitted, /s/ Parham of the 94th
Chairman

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JOURNAL OF THE HOUSE

Representative Smyre of the 111th 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 179 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 693 Do Pass HB 707 Do Pass HB 710 Do Pass

HB 713 Do Pass HB 730 Do Pass HB 734 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

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

HOUSE RULES CALENDAR WEDNESDAY, MARCH 26, 2003

WEDNESDAY, MARCH 26, 2003

1549

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 29th Legislative Day as enumerated below:

HB 147
HB 217 HB 385 HB 422 HB 502 HB 504 HB 517 HB 526 HB 596 HR 266

State employees' health insurance; agricultural commodity commission employees Seat belts; child restraints; change age Debtor or creditor; debt adjustment; amend provisions Income tax credit; certain businesses creating full-time jobs Juvenile court judges; compensation from state funds; adjustment Motor fuel tax; prepaid tax Retail installment contracts and revolving accounts; fees Nursing Home Provider Fee Act; enact Oconee River Greenway Authority; amend provisions Regional development center boundaries; ratify changes

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

Respectfully submitted, /s/ Smyre of the 111th
Chairman

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 693. By Representatives Manning of the 32nd, Parsons of the 29th, Hines of the 35th, Franklin of the 17th, Dollar of the 31st and others:
A BILL to amend an Act creating a new charter for the City of Kennesaw, so as to change the provisions relating to the corporate limits of said city; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

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HB 710. By Representatives Mosley of the 129th, Post 1, Smith of the 129th, Post 2 and DeLoach of the 127th:
A BILL to amend an Act providing for the election of the Board of Education of Long County, so as to change the compensation of the members of such board; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 730. By Representatives Sheldon of the 71st, Post 2 and Walker of the 71st, Post 1:
A BILL to amend an Act creating a charter for the City of Dacula, so as to change certain provisions regarding a quorum and voting; to change certain provisions relating to emergencies; to change certain provisions regarding powers and duties of the mayor; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 734. By Representative Douglas of the 73rd:
A BILL to provide a new charter for the Town of Newborn; and for other purposes.

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 103, nays 2.

WEDNESDAY, MARCH 26, 2003 The Bill, having received the requisite constitutional majority, was passed.

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HB 707. By Representative McCall of the 78th:
A BILL to provide that future elections for the office of probate judge of Elbert County shall be nonpartisan elections; and for other purposes.

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

HB 713. By Representatives Barnard of the 121st, Post 1 and Oliver of the 121st, Post 2:
A BILL to amend an Act providing for the composition of the Board of Education of Evans County and for the election of the members of said board, so as to provide for the nonpartisan election of the members of said board; and for other purposes.

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

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:

N Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders N Bridges N Brock
Brooks

Day Dean Y Deloach Y Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes Y Ehrhart N Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J

N Hill, C.A Y Hill, V Y Hines Y Holmes
Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins N Jones
Jordan Joyce

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Porter

Y Sims Sinkfield
Y Skipper N Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Stokes Y Stoner

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Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister Y Butler N Campbell N Casas Y Chambers Y Channell Y Childers N Coan Y Coleman, B
Cooper Y Crawford Y Cummings

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Fludd N Forster N Franklin Y Gardner
Golick Graves, D N Graves, T Y Greene Greene-Johnson Y Hanner Y Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall E Hembree Y Henson N Hill, C

Y Keen N Knox Y Lane Y Lewis Y Lord
Lucas N Lunsford Y Maddox Y Mangham Y Manning Y Marin N Martin N Massey N Maxwell Y McBee Y McCall Y McClinton Y Millar N Mills Y Mitchell

Y Powell Y Purcell Y Ralston Y Randall Y Ray N Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders Y Sailor Y Scott Y Shaw N Sheldon Y Sholar

Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R
Wix N Yates
Coleman, Speaker

On the passage of the Bills, the ayes were 116, nays 44. The Bills, having received the requisite constitutional majority, were passed.

Representative Bannister of the 70th, Post 1 stated that he inadvertently voted "aye" on 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 the requisite constitutional majority the following bills of the Senate and House:

SB 1.

By Senators Meyer von Bremen of the 12th, Brown of the 26th, Kemp of the 3rd, Butler of the 55th, Jackson of the 50th 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 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

WEDNESDAY, MARCH 26, 2003

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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 repeal conflicting laws; and for other purposes.
SB 2. By Senators Stephens of the 51st and Price of the 56th:
A BILL to be entitled an Act 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 other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 154. By Senators Unterman of the 45th, Mullis of the 53rd and Balfour of the 9th:
A BILL to be entitled an Act to provide for the filling of vacancies in the office of sheriff of Gwinnett County; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 182. By Senators Meyer von Bremen of the 12th, Johnson of the 1st and Dean of the 31st:
A BILL to be entitled an Act to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to the abatement of nuisances, so as to change definitions; to clarify the procedures for imposition and collection of nuisance abatement liens; to clarify procedures relating to the collection of tax liens; to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to change provisions relating to judicial in rem tax foreclosures; to incorporate changes made to Chapter 2 of Title 41; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 207. By Senators Balfour of the 9th, Zamarripa of the 36th, Reed of the 35th, Seay of the 34th, Unterman of the 45th and others:
A BILL to be entitled an Act to amend Code Section 12-6-24 of the Official Code of Georgia Annotated, relating to providing notice of timber harvesting operations, so as to change certain provisions relating to effect on local regulation of timber harvesting operations; to repeal conflicting laws; and for other purposes.
SB 213. By Senators Seabaugh of the 28th, Bowen of the 13th, Mullis of the 53rd, Seay of the 34th and Tolleson of the 18th:

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A BILL to be entitled an Act to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to fireworks, so as to require licensure by the Safety Fire Commissioner of any person conducting a pyrotechnics display before a proximate audience; to define certain terms; to provide requirements for licensure; to require a permit for a fireworks display before a proximate audience; to provide for a license fee; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 217. By Senators Johnson of the 1st, Clay of the 37th, Lamutt of the 21st, Collins of the 6th and Price of the 56th:
A BILL to be entitled an Act to amend Article 4 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to parties in civil actions, so as to provide for the comprehensive revision of provisions regarding class actions; to provide for procedures, conditions, and limitations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 221. By Senators Price of the 56th and Moody of the 27th:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions of the State Road and Tollway Authority, so as to limit the use and disposition of toll revenues to the construction, maintenance, or improvement of the project from which the tolls are collected or the construction, maintenance, or improvement of transportation projects physically or operationally connected with and bearing the same state highway route number as such project; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 222. By Senators Thompson of the 33rd and Lamutt of the 21st:
A BILL to be entitled an Act to amend an Act creating the Cobb County Commission on Children and Youth, approved February 24, 1988 (Ga. L. 1988, p. 3569), as amended particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3630), so as to re-create the Cobb County Commission on Children and Youth; to provide for the manner of appointment of members; to provide for duties and powers; to authorize the commission to receive and expend funds; to provide for all related matters; to provide for an annual report; to allow the commission to qualify for treatment under the Internal Revenue Code as a tax exempt organization; to provide for a termination date; to provide for an effective date; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 26, 2003

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HB 312. By Representatives Walker of the 71st, Post 1, Sheldon of the 71st, Post 2, Stokes of the 72nd and Douglas of the 73rd:
A BILL to create a board of elections and registration for Walton County and provide for its powers and duties; and for other purposes.
HB 317. By Representatives Walker of the 71st, Post 1, Sheldon of the 71st, Post 2, Stokes of the 72nd and Douglas of the 73rd:
A BILL to amend an Act creating the Walton County Commission on Children and Youth, so as to create the Partnership for Families, Children, and Youth as the successor to such commission; and for other purposes.
HB 391. By Representatives Keen of the 146th, Mosley of the 129th, Post 1, Smith of the 129th, Post 2 and Williams of the 128th:
A BILL to amend an Act providing for the Board of Education of Glynn County, so as to change the composition of such board and abolish certain positions and create new positions; and for other purposes.
HB 592. By Representatives Walker of the 71st, Post 1, Sheldon of the 71st, Post 2, Stokes of the 72nd and Douglas of the 73rd:
A BILL to amend an Act providing for the revised and restated charter for the City of Monroe, so as to change the description of the election districts; and for other purposes.

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

SB 1.

By Senators Meyer von Bremen of the 12th, Brown of the 26th, Kemp of the 3rd, Butler of the 55th, Jackson of the 50th 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 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 provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Judiciary.

SB 2.

By Senators Stephens of the 51st and Price of the 56th:
A BILL to be entitled an Act 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 other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Legislative and Congressional Reapportionment.

SB 154. By Senators Unterman of the 45th, Mullis of the 53rd and Balfour of the 9th:
A BILL to be entitled an Act to provide for the filling of vacancies in the office of sheriff of Gwinnett County; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

SB 182. By Senators Meyer von Bremen of the 12th, Johnson of the 1st and Dean of the 31st:
A BILL to be entitled an Act to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to the abatement of nuisances, so as to change definitions; to clarify the procedures for imposition and collection of nuisance abatement liens; to clarify procedures relating to the collection of tax liens; to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to change provisions relating to judicial in rem tax foreclosures; to incorporate changes made to Chapter 2 of Title 41; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

WEDNESDAY, MARCH 26, 2003

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SB 207. By Senators Balfour of the 9th, Zamarripa of the 36th, Reed of the 35th, Seay of the 34th, Unterman of the 45th and others:
A BILL to be entitled an Act to amend Code Section 12-6-24 of the Official Code of Georgia Annotated, relating to providing notice of timber harvesting operations, so as to change certain provisions relating to effect on local regulation of timber harvesting operations; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

SB 213. By Senators Seabaugh of the 28th, Bowen of the 13th, Mullis of the 53rd, Seay of the 34th and Tolleson of the 18th:
A BILL to be entitled an Act to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to fireworks, so as to require licensure by the Safety Fire Commissioner of any person conducting a pyrotechnics display before a proximate audience; to define certain terms; to provide requirements for licensure; to require a permit for a fireworks display before a proximate audience; to provide for a license fee; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety.

SB 217. By Senators Johnson of the 1st, Clay of the 37th, Lamutt of the 21st, Collins of the 6th and Price of the 56th:
A BILL to be entitled an Act to amend Article 4 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to parties in civil actions, so as to provide for the comprehensive revision of provisions regarding class actions; to provide for procedures, conditions, and limitations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

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SB 221. By Senators Price of the 56th and Moody of the 27th:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions of the State Road and Tollway Authority, so as to limit the use and disposition of toll revenues to the construction, maintenance, or improvement of the project from which the tolls are collected or the construction, maintenance, or improvement of transportation projects physically or operationally connected with and bearing the same state highway route number as such project; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Transportation.

SB 222. By Senators Thompson of the 33rd and Lamutt of the 21st:
A BILL to be entitled an Act to amend an Act creating the Cobb County Commission on Children and Youth, approved February 24, 1988 (Ga. L. 1988, p. 3569), as amended particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3630), so as to re-create the Cobb County Commission on Children and Youth; to provide for the manner of appointment of members; to provide for duties and powers; to authorize the commission to receive and expend funds; to provide for all related matters; to provide for an annual report; to allow the commission to qualify for treatment under the Internal Revenue Code as a tax exempt organization; to provide for a termination date; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Appropriations and referred to the Committee on State Planning & Community Affairs:

HB 689. By Representatives Epps of the 90th and Brown of the 89th:
A BILL to amend Code Section 36-82-61 of the Official Code of Georgia Annotated, relating to definitions regarding Article 3 of Chapter 82 of Title

WEDNESDAY, MARCH 26, 2003

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36, the "Revenue Bond Law," so as to change the definition of "undertaking"; to remove the referendum requirement with respect to revenue certificates issued for gas generation and distribution systems; and for other purposes.

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

Representative Murphy of the 14th, Post 2 arose to a point of personal privilege and addressed the House.

Representative Rogers of the 20th arose to a point of personal privilege and addressed the House.

Representative Wix of the 33rd, Post 1 arose to a point of personal privilege and addressed the House.

Representative Henson of the 55th arose to a point of personal privilege and addressed the House.

Representative Shaw of the 143rd arose to a point of personal privilege and addressed the House.

Representative Snow of the 1st 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 179. By Representative Floyd of the 132nd:
A RESOLUTION commending the Crisp Academy Varsity Football Team and inviting it to appear before the House of Representatives; and for other purposes.

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

HB 422. By Representatives Richardson of the 26th, O`Neal of the 117th, Royal of the 140th, Parrish of the 102nd and Stephens of the 123rd:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit with respect to certain business enterprises creating certain full-time employee jobs; and for other purposes.

The report of the Committee, which was favorable to the 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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks
Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders

Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A

Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, MARCH 26, 2003

Y Heath Y Heckstall E Hembree Y Henson Y Hill, C

Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

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Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 172, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 385. By Representatives Ashe of the 42nd, Post 2, Ehrhart of the 28th, Shaw of the 143rd, Oliver of the 56th, Post 2, Jackson of the 124th, Post 1 and others:
A BILL to amend Chapter 5 of Title 18 of the Official Code of Georgia Annotated, relating to debt adjustment, so as to limit the maximum charge that may be imposed for the provision of debt adjustment services; to provide for exemptions from those provisions related to debt adjustment; to require persons engaged in the business of debt adjustment to obtain an annual audit of all accounts and to maintain a certain amount and type of insurance coverage; to provide for the disbursement of a debtor's funds within 30 days of receipt; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 5 of Title 18 of the Official Code of Georgia Annotated, relating to debt adjustment, so as to limit the maximum charge that may be imposed for the provision of debt adjustment services; to provide for definitions; to provide for exemptions from those provisions related to debt adjustment; to require persons engaged in debt adjusting to obtain an annual audit of all accounts and to maintain a certain amount and type of insurance coverage; to provide for the disbursement of a debtors funds within 30 days of receipt; to require persons engaged in debt adjusting to maintain trust accounts for debtors funds; to provide for civil and criminal violations and penalties; to provide for investigation and enforcement; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 5 of Title 18 of the Official Code of Georgia Annotated, relating to debt adjustment, is amended by striking Code Section 18-5-1, relating to definitions, and inserting in its place the following:
"18-5-1. As used in this chapter, the term:
(1) 'Debt adjusting' means doing business in debt adjustments, budget counseling, debt management, or debt pooling service or holding oneself out, by words of similar import, as providing services to debtors in the management of their debts and contracting with a debtor for a fee to:
(A) Effect the adjustment, compromise, or discharge of any account, note, or other indebtedness of the debtor; or (B) Receive from the debtor and disburse to his or her creditors any money or other thing of value. (2) 'Person' means an individual, corporation, partnership, trust, association, or other legal entity. (3) 'Resides' means to live in a particular place, whether on a temporary or permanent basis."
SECTION 2. Said chapter is further amended by striking Code Section 18-5-2, relating to the prohibition of debt adjusting, and inserting in its place the following:
"18-5-2. In the course of engaging in debt adjusting, it It shall be unlawful for any person to engage in the business of debt adjusting: accept from a debtor who resides in this state, either directly or indirectly, any charge, fee, contribution, or combination thereof in an amount in excess of 7.5 percent of the amount paid monthly by such debtor to such person for distribution to creditors of such debtor; provided, however, no provision of this chapter shall prohibit any person, in the course of engaging in debt adjusting, from imposing upon a debtor who resides in this state a reasonable and separate charge or fee for insufficient funds transactions."
SECTION 3. Said chapter is further amended by striking Code Section 18-5-3, relating to exemption for incidental debt adjustment in the practice of law, and inserting in its place the following:
"18-5-3. Nothing in this chapter shall apply to those situations involving debt adjusting incurred incidentally in the practice of law in this state. Nothing in this chapter shall apply to those persons or entities who incidentally engage in debt adjustment to adjust the indebtedness owed to said person or entity. Nothing in this chapter shall apply to the following entities or their subsidiaries: the Federal National Mortgage Association; the Federal Home Loan Mortgage Corporation; a bank, bank holding company, trust

WEDNESDAY, MARCH 26, 2003

1563

company, savings and loan association, credit union, credit card bank, or savings bank that is regulated and supervised by the Office of the Comptroller of the Currency, the Office of Thrift Supervision, the Federal Reserve, the Federal Deposit Insurance Corporation, the National Credit Union Administration, or the Georgia Department of Banking and Finance; or persons as defined in Code Section 7-3-3 operating under Chapter 3 of Title 7, the 'Georgia Industrial Loan Act.'"
SECTION 4. Said chapter is further amended by adding a new Code Section 18-5-3.1 to read as follows:
"18-5-3.1. (a) Any person engaged in debt adjusting for debtors residing in this state shall meet the following annual requirements:
(1) Obtain from an independent third party certified public accountant an annual audit of all accounts of such person in which the funds of debtors are deposited and from which payments are made to creditors on behalf of debtors. A copy of the summary results of such annual audit shall be made available upon written request to any party so requesting a copy for a charge not to exceed the cost of the reproduction of the annual audit; and (2) Obtain and maintain at all times insurance coverage for employee dishonesty, depositors forgery, and computer fraud in an amount not less than the greater of $100,000.00 or 10 percent of the monthly average for the immediately preceding six months of the aggregate amount of all deposits made with such person by all debtors. The deductible on such coverage shall not exceed 10 percent of the face amount of the policy coverage. Such policy shall be issued by a company rated at least 'A-' or its equivalent by a nationally recognized rating organization and such policy shall provide for 30 days advance written notice of termination of the policy to be provided to the Governors Office of Consumer Affairs. (b) A copy of the annual audits and insurance policies required by this Code section shall be filed annually with the Governors Office of Consumer Affairs. (c) The Governors Office of Consumer Affairs shall act as a repository for the audits, insurance, and termination notices furnished to such office pursuant to this Code section. No oversight responsibility shall be imposed upon such office by virtue of its receipt of such documents."
SECTION 5. Said chapter is further amended by adding a new Code Section 18-5-3.2 to read as follows:
"18-5-3.2. (a) Any person engaged in debt adjusting shall disburse to the appropriate creditors all funds received from a debtor, less any fees authorized by this chapter, within 30 days of receipt of such funds. (b) Any person engaged in debt adjusting shall maintain a separate trust account for the

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receipt of any and all funds from debtors and the disbursement of such funds on behalf of debtors."
SECTION 6. Said chapter is further amended by striking Code Section 18-5-4, relating to penalties for engaging in business of debt adjusting, and inserting in its place the following:
"18-5-4. (a) Any person who engages in the business of debt adjusting in violation of this chapter shall be guilty of a misdemeanor. (b) Without limiting the applicability of subsection (a) of this Code section:
(1) Any person who engages in debt adjusting in violation of the provisions of Code Section 18-5-3.1 or subsection (b) of Code Section 18-5-3.2 shall further be liable for a civil fine of not less than $50,000.00; and (2) Any person who engages in debt adjusting in violation of the provisions of Code Section 18-5-2 or subsection (a) of Code Section 18-5-3.2 shall further be liable to the debtor in an amount equal to the total of all fees, charges, or contributions paid by the debtor plus $5,000.00. Such debtor shall have the right to bring a cause of action directly against such person for violation of the provisions of this chapter. (c) The Attorney General and prosecuting attorneys shall have the authority to conduct the criminal prosecution of all cases arising under this chapter and to conduct civil prosecution of cases arising under this chapter. (d) A violation of Code Section 18-5-2, 18-5-3.1, or 18-5-3.2 shall additionally be a violation of the 'Fair Business Practices Act of 1975.'"
SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J

Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P

WEDNESDAY, MARCH 26, 2003

Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B
Cooper Y Crawford Y Cummings

Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall E Hembree Y Henson Y Hill, C

Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan N Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee Y McCall Y McClinton Millar Y Mills Y Mitchell

Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

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Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 168, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 526. By Representatives Channell of the 77th, Shaw of the 143rd and Buck of the 112th:
A BILL to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to indigent and elderly patients, so as to enact the "Nursing Home Provider Fee Act"; to provide for a fee to be imposed on nursing home revenues; to provide for the Department of Community Health to collect provider fees; to provide for a method for calculating a provider fee; and for other purposes.

The following Committee substitute was read and adopted:

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A BILL
To amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to indigent and elderly patients, so as to enact the "Nursing Home Provider Fee Act"; to provide for a fee to be imposed on nursing homes to be used to obtain federal financial participation for medical assistance payments to nursing homes that serve the medically indigent; to provide for definitions; to establish a segregated account within the Indigent Care Trust Fund for the deposit of provider fees; to provide for a method for calculating and collecting the provider fee; to authorize the Department of Community Health to inspect nursing home records for purposes of auditing provider fees; to provide for penalties for failure to pay a provider fee; to authorize the department to withhold Medicaid payments equal to amounts owed as a provider fee and penalty; to provide for the collection of fees by civil action and tax liens; to provide for the appropriation of funds in the segregated account for medical assistance payments to nursing homes; to provide for a request for a uniformity waiver; to provide for application of the "Georgia Medical Assistance Act of 1977"; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Nursing Home Provider Fee Act."
SECTION 2. Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to indigent and elderly patients, is amended by adding a new Article 6A to read as follows:
"ARTICLE 6A
31-8-161. This article is passed pursuant to the authority of Article III, Section IX, Paragraph VI(i) of the Constitution.
31-8-162. As used in this article, the term:
(1) 'Department' means the Department of Community Health created by Chapter 5A of this title. (2) 'Medically indigent' means a person who meets the state-wide standards of indigency adopted by the department. (3) 'Nursing home' means a freestanding facility or distinct part or unit of a hospital required to be licensed or permitted as a nursing home under the provisions of Chapter 7 of this title which is not owned or operated by the state or federal government.

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(4) 'Nursing home that disproportionately serves the medically indigent' means a nursing home for which the patient days attributable to medically indigent residents account for more than 15 percent of the nursing homes total patient days during a 12 month period. For purposes of this computation, medicare program patient days shall not be included in the nursing homes total patient days. (5) 'Patient day' means a day of care provided to an individual resident of a nursing home by the nursing home. A patient day includes the date of admission but does not include the date of discharge, unless the dates of admission and discharge occur on the same day. (6) 'Provider fee' means the fee imposed pursuant to this article for the privilege of operating a nursing home. (7) 'Segregated account' means an account for the dedication and deposit of provider fees which is established within the Indigent Care Trust Fund created pursuant to Code Section 31-8-152. (8) 'State plan' means all documentation submitted by the commissioner of the Department of Community Health on behalf of the department to and for approval by the United States secretary of health and human services, pursuant to Title XIX of the federal Social Security Act. (9) 'Trust fund' means the Indigent Care Trust Fund created pursuant to Code Section 31-8-152. (10) 'Waiver' means a waiver of the uniform tax requirement for permissible health care related taxes, as provided in 42 C.F.R. Section 433.68(e)(2)(i) and (ii).
31-8-163. There is established within the trust fund a segregated account for revenues raised through the imposition of the provider fee. All revenues raised through provider fees shall be credited to the segregated account within the trust fund and shall be invested in the same manner as authorized for investing other moneys in the state treasury. Contributions and transfers to the trust fund pursuant to Code Sections 31-8-153 and 31-8-153.1 shall not be deposited into the segregated account.
31-8-164. (a) Each nursing home shall be assessed a provider fee with respect to each patient day for the preceding quarter, excluding medicare program patient days. The provider fee shall be assessed uniformly upon all nursing homes, except as provided in Code Section 31-8-168. The aggregate provider fees imposed under this article shall equal the maximum amount that may be assessed pursuant to the 6 percent indirect guarantee threshold set forth in 42 C.F.R. Section 433.68(f)(3)(i). (b) The provider fee shall be paid quarterly by each nursing home to the department. A nursing home shall calculate and report the provider fee due upon a form prepared by the department and submit therewith payment of the provider fee no later than the thirtieth day following the end of each calendar quarter. The initial provider fee report shall be filed and the initial payment of the provider fee shall be submitted no later than

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July 30, 2003. A nursing home shall calculate and report the initial provider fee using information about its patient days for the quarter ending June 30, 2003.
31-8-165. (a) The department shall collect the provider fees imposed pursuant to Code Section 31-8-164. All revenues raised pursuant to this article shall be deposited into the segregated account. Such funds shall be dedicated and used for the sole purpose of obtaining federal financial participation for medical assistance payments to nursing homes that disproportionately serve the medically indigent. (b) The department shall prepare and distribute a form upon which a nursing home shall calculate and report to the department the provider fee. (c) Each nursing home shall keep and preserve for a period of three years such books and records as may be necessary to determine the amount for which it is liable under this article. The department shall have the authority to inspect and copy the records of a nursing home for purposes of auditing the calculation of the provider fee. All information obtained by the department pursuant to this article shall be confidential and shall not constitute a public record. (d) In the event that the department determines that a nursing home has underpaid or overpaid the provider fee, the department shall notify the nursing home of the balance of the provider fee or refund that is due. Such payment or refund shall be due within 30 days of the departments notice. (e) Any nursing home that fails to pay the provider fee pursuant to this article within the time required by this article shall pay, in addition to the outstanding provider fee, a 6 percent penalty for each month or fraction thereof that the payment is overdue. If a provider fee has not been received by the department by the last day of the month, the department shall withhold an amount equal to the provider fee and penalty owed from any medical assistance payment due such nursing home under the Medicaid program. The provider fee levied by this article shall constitute a debt due the state and may be collected by civil action and the filing of tax liens in addition to such methods provided for in this article. Any penalty that accrues pursuant to this subsection shall be credited to the segregated account.
31-8-166. (a) Notwithstanding any other provision of this chapter, the General Assembly is authorized to appropriate as state funds to the department for use in any fiscal year all revenues dedicated and deposited into the segregated account. Such appropriations shall be made for the sole purpose of obtaining federal financial participation in the provision of support to nursing homes that disproportionately serve the medically indigent. Any appropriation from the segregated account for any purpose other than medical assistance payments to nursing homes shall be void. (b) Revenues appropriated to the department pursuant to this Code section shall be used to match federal funds that are available for the purpose for which such trust funds have been appropriated.

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(c) Beginning July 1, 2004, appropriations from the segregated account to the department shall be used to supplement and not replace or reduce any other state funds appropriated to the department. (d) Appropriations from the segregated account to the department shall not lapse to the general fund at the end of the fiscal year.
31-8-167. The department shall report annually to the General Assembly on its use of revenues deposited into the segregated account and appropriated to the department pursuant to this article.
31-8-168. No later than July 1, 2003, the department shall prepare and submit to the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services a request for approval of a waiver pursuant to 42 C.F.R. Section 433.68(e) of the uniform fee requirement. Upon approval of such waiver, the department shall take action to reduce the provider fee imposed pursuant to Code Section 31-8-164 allowed by such waiver for those providers who qualify for such reduction.
31-8-169. Except where inconsistent with this article, the provisions of Article 7 of Chapter 4 of Title 49, the 'Georgia Medical Assistance Act of 1977,' shall apply to the department in carrying out the purposes of this article."
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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard

Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J

Y Sims Y Sinkfield Y Skipper
Smith, B Y Smith, L Y Smith, P

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Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall E Hembree Y Henson
Hill, C

Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan N Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock
Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson
Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 166, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, HB 526 was ordered immediately transmitted to the Senate.

The following Resolution of the House was read:

HR 545. By Representatives Coleman of the 118th, Skipper of the 116th, Day of the 126th, Smyre of the 111th, Buck of the 112th and others:
A RESOLUTION inviting former President and Noble Laureate Jimmy Carter to address a joint session of the House of Representatives and the Senate; and for other purposes.

WEDNESDAY, MARCH 26, 2003

1571

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders
Bridges Y Brock Y Brooks Y Broome
Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter
Burmeister Y Butler Y Campbell
Casas Chambers Y Channell Y Childers Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley
Douglas Drenner Y Dukes Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Floyd, J Y Fludd Forster Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall E Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan
Joyce Keen Knox Y Lane Y Lewis Y Lord Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Mobley Y Moraitakis Y Morris
Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper
Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson
Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson
Westmoreland Y White
Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Y Coleman, Speaker

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

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

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HB 217. By Representatives Burkhalter of the 36th, Parham of the 94th, Powell of the 23rd and Drenner of the 57th:
A BILL to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle horns, exhaust systems, mirrors, windshields, tires, safety belts, and energy absorption systems, so as to require the use of certain child passenger restraints in motor vehicles; to change certain provisions relating to safety belts required as equipment and safety restraints for children four years of age or younger; and for other purposes.

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

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

N Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges N Brock Y Brooks Y Broome Y Brown
Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper

Day Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall E Hembree

Y Hill, C.A Hill, V
N Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan N Joyce Y Keen Y Knox
Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee
McCall Y McClinton Y Millar

Y Mobley Y Moraitakis Y Morris Y Mosby N Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Porter
Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw

Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P
Smith, T Y Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix

Y Crawford Y Cummings

WEDNESDAY, MARCH 26, 2003

Y Henson Y Hill, C

Y Mills Y Mitchell

Y Sheldon Y Sholar

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Yates Coleman, Speaker

On the passage of the Bill, the ayes were 153, nays 7. The Bill, having received the requisite constitutional majority, was passed.

HB 504. By Representatives Royal of the 140th, Buck of the 112th, Parham of the 94th, Borders of the 142nd, Floyd of the 132nd and others:
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 definitions; to change certain provisions regarding exemptions with respect to motor fuels; to change certain provisions regarding dealers' sales and use tax returns; to provide for prepayment of certain taxes with respect to motor fuels; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding definitions; to change certain provisions regarding exemptions with respect to motor fuels; to change certain provisions regarding dealers sales and use tax returns; to provide for prepayments of certain taxes with respect to motor fuels; to provide for procedures, conditions, and limitations; to change certain provisions regarding penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-8-2, relating to definitions, by adding a new paragraph immediately following paragraph (5), to be designated paragraph (5.1), to read as follows:
"(5.1) 'Prepaid state tax' means the tax levied under Code Section 48-8-30 in conjunction with Code Section 48-8-3.1 and Code Section 48-9-14 on the retail sale of motor fuels for highway use and collected prior to that retail sale. This tax is based upon the average retail sales price as set forth in Code Section 48-9-14. This shall not

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apply to any local sales and use tax which is levied on the sale or use of motor fuel and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, known as the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2 of this chapter; by or pursuant to Article 2A of this chapter; or by or pursuant to Article 3 of this chapter."
SECTION 2. Said title is further amended by striking subsection (b) of Code Section 48-8-49, relating to dealers sales and use tax returns, and inserting in its place a new subsection (b) to read as follows:
"(b)(1) As used in this subsection, the term 'estimated tax liability' means a dealers tax liability, adjusted to account for any subsequent change in the state sales and use tax rate, based on his the dealers average monthly payments for the last fiscal year. (2) If the estimated tax liability of a dealer for any taxable period exceeds $2,500.00, the dealer shall file a return and remit to the commissioner not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subsection shall not apply to any dealer unless during the previous fiscal year the dealers monthly payments exceeded $2,500.00 per month for three consecutive months or more nor shall this subsection apply to any dealer whose primary business is the sale of motor fuels who is remitting prepaid state tax under paragraph (2) of subsection (b) of Code Section 48-9-14. No local sales taxes shall be included in determining any estimated tax liability."
SECTION 3. Said title is further amended by striking subsection (b) of Code Section 48-9-14, relating to the second motor fuel tax, and inserting in its place a new subsection (b) to read as follows:
"(b)(1) The motor fuel tax imposed by this Code section is levied at the rate of 3 percent of the retail sale price less the tax imposed by Code Section 48-9-3 upon the sale, use, or consumption, as defined in Code Section 48-8-2, of motor fuel in this state. This tax shall be subject only to the exemptions provided in Code Section 48-93.
(2)(A) As used in this paragraph, the term 'prepaid state tax' shall have the same meaning as provided in paragraph (5.1) of Code Section 48-8-2. (B) At the time the tax imposed by Code Section 48-9-3 attaches to a sale or transfer of motor fuels, a prepaid state tax shall be collected. The same person remitting the tax imposed under Code Section 48-9-3, but on a separate schedule, shall remit the prepaid state tax to the state. The tax shall be separately invoiced throughout the chain of distribution until it reaches the dealer who makes the retail

WEDNESDAY, MARCH 26, 2003

1575

sale. The commissioner shall issue the rate of prepaid state tax on a semiannual basis, rounded to the nearest $.001 per gallon for use in the following the semiannual period. The rate shall be calculated at 4 percent of the state-wide average retail price by motor fuel type as compiled by the Energy Information Agency of the United States Department of Energy, the Oil Pricing Information Service, or a similar reliable published index less taxes imposed under Code Section 48-9-3, this subsection, and all local sales and use taxes. In the event that the retail price changes by 25 percent or more within a semiannual period, the commissioner shall issue a revised prepaid state tax rate for the remainder of that period."
SECTION 4. Said title is further amended by striking subsections (b) and (d) of Code Section 48-9-16, relating to penalties, and inserting in their place new subsections (b) and (d), respectively, to read as follows:
"(b) When any distributor fails to pay the tax or any part of the tax due under paragraph (1) of subsection (a) of Code Section 48-9-3 or 48-9-14, he the distributor shall be subject to a penalty of 10 percent of the amount of unpaid taxes due." "(d) When any distributor fails to pay the tax or any part of the tax due under paragraph (1) of subsection (a) of Code Section 48-9-3 or 48-9-14, he the distributor shall pay interest on the unpaid tax at the rate specified in Code Section 48-2-40 from the time the tax became due until paid."
SECTION 5. This Act shall become effective on January 1, 2004.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes

Y Hill, C.A Hill, V
Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson

Y Mobley Y Moraitakis
Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow

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Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall E Hembree Y Henson Y Hill, C

Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar
Mills Y Mitchell

Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 173, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 147. By Representatives Ray of the 108th, Royal of the 140th, Black of the 144th and James of the 114th:
A BILL to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to authorize the Board of Community Health to contract with any agricultural commodity commission created pursuant to Chapter 8 of Title 2 of the Official Code of Georgia Annotated to provide for the inclusion in such plan of any such commission's employees and retiring employees and their spouses and dependents; and for other purposes.

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

WEDNESDAY, MARCH 26, 2003

1577

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D
Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall E Hembree Y Henson Y Hill, C

Y Hill, C.A Hill, V
Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 173, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HR 266. By Representative Houston of the 139th:
A RESOLUTION ratifying the change of regional development center boundaries established by the Board of Community Affairs; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath
Heckstall E Hembree Y Henson Y Hill, C

Y Hill, C.A Hill, V
Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis
Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray
Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson
Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the adoption of the Resolution, the ayes were 169, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 517. By Representatives Porter of the 119th, Powell of the 23rd and Harbin of the 80th:

WEDNESDAY, MARCH 26, 2003

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A BILL to amend Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, "The Retail Installment and Home Solicitation Sales Act," so as to change provisions relating to late fees and dishonor fees which may be charged in retail installment contracts and revolving accounts; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, "The Retail Installment and Home Solicitation Sales Act," so as to change provisions relating to late fees and dishonor fees which may be charged in retail installment contracts and revolving accounts; 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 1 of Title 10 of the Official Code of Georgia Annotated, "The Retail Installment and Home Solicitation Sales Act," is amended by striking Code Section 10-17, relating to delinquency charges and other charges and fees, and inserting in its place a new Code section to read as follows:
"10-1-7. (a) A retail installment contract or a revolving account may provide for payment by the buyer of a delinquency charge on any installment which is not paid within ten days from the date the payment is due. The charge may not exceed $13.00 $18.00. A delinquent charge shall not be collected more than once for the same default. A retail installment contract or a revolving account may provide for the payment of reasonable attorneys fees, if referred for collection to an attorney not a salaried employee of the retail seller, and for the payment of court costs. (b) A retail installment contract or a revolving account may provide that if the buyer submits to the retail seller as payment for an unpaid balance, or portion thereof, in that account or pursuant to that contract, a check, draft, or order for the payment of money on any bank or other depository, which check, draft, or order is not honored by the drawee, then a delinquency charge as specified in subsection (a) of this Code section may be charged; and a bad instrument fee not to exceed $25.00 or 5 percent of the face amount of the check, draft, or order, whichever is greater, the amount specified in subsection (j) of Code Section 16-9-20 may be charged to the buyer and will be added to the unpaid balance on the buyers account if ten days have elapsed since the retail seller has mailed to the buyer at his or her last known address written notice of the

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failure to honor the check, draft, or order without the check, draft, or order having been made good. If a fee is charged under this subsection, then no delinquency charge shall be made as to the first installment which is in default but would not have been in default if the check, draft, or order had not been dishonored. A fee authorized by this Code section shall not be deemed to be time price differential, interest, or any other type of finance charge and shall not be included in determining whether any limitations on time price differential, interest, or other finance charges have been exceeded."
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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin

Y Hill, C.A Hill, V
Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Mobley Y Moraitakis
Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock
Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray
Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson
Stokes Y Stoner Y Teilhet
Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland

Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

WEDNESDAY, MARCH 26, 2003

Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall E Hembree Y Henson Y Hill, C

Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

N Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott
Shaw Y Sheldon Y Sholar

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Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 167, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Reece of the 11th 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.

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The Speaker called the House to order.

Representative Parham of the 94th District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 483 Do Pass HB 719 Do Pass

Respectfully submitted, /s/ Parham of the 94th
Chairman

Representative Smyre of the 111th 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 65 Do Pass HR 261 Do Pass

HR 397 Do Pass HR 401 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Representative Greene of the 134th District, Chairman of the Committee on State

WEDNESDAY, MARCH 26, 2003

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Institutions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Property has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 144 Do Pass, by Substitute HB 291 Do Pass HB 614 Do Pass, by Substitute

Respectfully submitted, /s/ Greene of the 134th
Chairman

Representative Channell of the 77th District, Vice-Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 329 Do Pass, as Amended

Respectfully submitted, /s/ Channell of the 77th
Vice-Chairman

The following Resolutions of the House were read and adopted:

HR 548. By Representative Royal of the 140th:
A RESOLUTION recognizing James Stacey Hicks and the first annual spring choir concert at the historic Bethel Missionary Baptist Church in Camilla, Georgia; and for other purposes.

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HR 549. By Representative Douglas of the 73rd: A RESOLUTION honoring Carolyn M. Ainslie; and for other purposes.

HR 550. By Representatives Dodson of the 84th, Post 1, Childers of the 13th, Post 1, Floyd of the 132nd, Mitchell of the 61st, Post 3, Harbin of the 80th and others:
A RESOLUTION commending the Partnership for Health and Accountability; and for other purposes.

HR 551. By Representative Parrish of the 102nd:
A RESOLUTION commending the Jenkins County High School Lady Eagles basketball team; and for other purposes.

HR 552. By Representative Parrish of the 102nd:
A RESOLUTION honoring the life of Frank Hutcheson and expressing regret at his passing; and for other purposes.

HR 553. By Representative Parrish of the 102nd:
A RESOLUTION honoring the life of JoAnn T. McDaniel and expressing regret at her passing; and for other purposes.

HR 554. By Representatives McClinton of the 59th, Post 1, Coleman of the 118th, Parrish of the 102nd, Teper of the 42nd, Post 1, Henson of the 55th and others:
A RESOLUTION commending the Atlanta Symphony Orchestra and Chorus and their music director, Robert Spano; and for other purposes.

HR 555. By Representatives Buckner of the 82nd, Beasley-Teague of the 48th, Post 2, Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Mosby of the 59th, Post 3 and others:

WEDNESDAY, MARCH 26, 2003

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A RESOLUTION commending the Clayton County 2002-2003 STAR students and STAR teachers; and for other purposes.

HR 556. By Representatives Murphy of the 14th, Post 2, Smith of the 87th, Coleman of the 118th, Hanner of the 133rd, Birdsong of the 104th and others:
A RESOLUTION commending British Prime Minister Tony Blair; and for other purposes.

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 844. By Representative Crawford of the 91st:
A BILL to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, so as to provide for definitions; to provide for penalties related to counterfeit cigarettes; and for other purposes.

3/26/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 844. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Crawford District 91

Referred to the Committee on Regulated Industries.

HB 845. By Representative Lane of the 101st and Broome of the 141st, Post 2:
A BILL to amend Code Section 27-3-17 of the Official Code of Georgia Annotated, relating to hunting deer with dogs, so as to require permits for such hunting; to prohibit hunting deer with dogs at certain times; and for

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JOURNAL OF THE HOUSE other purposes.

Referred to the Committee on Game, Fish & Parks.

HB 846. By Representatives Skipper of the 116th, Buck of the 112th, Porter of the 119th, Orrock of the 51st and Westmoreland of the 86th:
A BILL to amend the Official Code of Georgia Annotated so as to change references to certain committees of the Georgia Senate and House of Representatives in the Official Code of Georgia Annotated to conform such references to committee names as adopted by resolution by the Georgia Senate and the House of Representatives, respectively; to provide for editorial revision; and for other purposes.

Referred to the Committee on Rules.

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

HB 596. By Representative Parham of the 94th:
A BILL to amend Part 6 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Oconee River Greenway Authority, so as to change certain provisions relating to definitions; to change certain provisions relating to creation, membership, compensation, qualifications, accountabilities, and assignment of the authority; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard

Y Day Y Dean Y Deloach Y Dix Y Dodson

Hill, C.A Hill, V Y Hines Holmes Y Houston

Mobley Y Moraitakis Y Morris
Mosby Y Mosley

Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L

WEDNESDAY, MARCH 26, 2003

Y Barnes Beasley-Teague
Y Benfield Birdsong
Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown
Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers
Coan Y Coleman, B Y Cooper
Crawford Y Cummings

Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Y Ehrhart Y Elrod
Epps Y Fleming
Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson
Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Howard Howell Y Hudson Y Hugley Y Jackson James Y Jamieson Jenkins Y Jones Y Jordan Y Joyce Keen Y Knox Y Lane Y Lewis Y Lord Lucas Y Lunsford Y Maddox Mangham Manning Marin Y Martin Y Massey Y Maxwell Y McBee McCall McClinton Y Millar Y Mills Y Mitchell

Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Porter
Powell Y Purcell Y Ralston Y Randall
Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J
Roberts, L Rogers, C Y Rogers, Ch. Y Royal Y Rynders Sailor Y Scott Shaw Y Sheldon Y Sholar

1587
Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White
Wilkinson Y Willard
Williams, A Williams, E Y Williams, R Y Wix Y Yates Coleman, Speaker

On the passage of the Bill, the ayes were 139, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, the vote of Representative Keen of the 146th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Jenkins of the 93rd stated that 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 502. By Representatives Bordeaux of the 125th, Campbell of the 39th and Benfield of the 56th, Post 1:

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JOURNAL OF THE HOUSE
A BILL to amend Code Section 15-11-18 of the Official Code of Georgia Annotated, relating to creation of juvenile courts and provisions relative to juvenile court judges, so as to provide for salary adjustments for full- time and part-time juvenile court judges who are paid with state funds; and for other purposes.

The report of the Committee, which was favorable to the 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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown
Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod
Epps Y Fleming
Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson
Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Hill, C.A Hill, V Y Hines Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Lunsford Y Maddox Y Mangham Manning Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall McClinton Y Millar Y Mills Y Mitchell

Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Shaw Y Sheldon Y Sholar

Sims Y Sinkfield
Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 158, nays 0.

WEDNESDAY, MARCH 26, 2003 The Bill, having received the requisite constitutional majority, was passed.

1589

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

HR 557. By Representative Maddox of the 59th, Post 2:
A RESOLUTION recognizing and commending Meadowview Elementary School and inviting the principal, the DeKalb County School Board chair and the school board members from District 3 and District 9, and the DeKalb County School Board superintendent and deputy superintendent to appear before the House of Representatives; and for other purposes.

HR 560. By Representatives Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Buckner of the 82nd, Wix of the 33rd, Post 1, Coleman of the 118th and others:
A RESOLUTION honoring the life and memory of Charlie Taylor, recognizing representatives of the aircraft maintenance technicians for Delta and other carriers, and inviting them to appear before the House of Representatives; and for other purposes.

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

HR 401. By Representative Birdsong of the 104th:
A RESOLUTION commending the approximately 13,000 men and women of the Georgia Army and Air National Guard and declaring National Guard Day in Georgia and inviting Major General David B. Poythress to appear before the House of Representatives; and for other purposes.

The following supplemental Rules Calendar was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR WEDNESDAY, MARCH 26, 2003

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Mr. Speaker and Members of the House:

Your Committee on Rules has met and submits the following supplemental to the calendar already adopted this March 26, 2003, by adding the following:

HB 379

Cigar and cigarette taxes; increase; loose or smokeless tobacco; impose excise tax

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

Respectfully submitted, /s/ Smyre of the 111th
Chairman

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

HB 379. By Representatives Richardson of the 26th, O`Neal of the 117th and Massey of the 24th:
A BILL to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, so as to provide for an excise tax with respect to loose or smokeless tobacco; to increase such tax with respect to little cigars, other cigars, and cigarettes; to change certain definitions; to change certain provisions regarding excise taxes; to provide for collection and remittance of an additional tax; to provide for criminal penalties; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, so as to provide for an excise tax with respect to loose or smokeless tobacco; to increase such tax with respect to little cigars, other cigars, and cigarettes; to change certain definitions; to change certain provisions regarding excise taxes; to change certain provisions regarding collection of such tax by stamps; to change certain provisions regarding licensure, suspension, and revocation; to change certain

WEDNESDAY, MARCH 26, 2003

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provisions regarding licensing of nonresident distributors; to change certain provisions regarding sale or possession prohibitions; to change certain provisions regarding seizure of contraband; to change certain provisions regarding monthly reports; to change certain provisions regarding records; to change certain provisions regarding assessment of deficiencies and penalties; to change certain provisions regarding certain use, consumption, or storage taxes; to change certain provisions regarding registration, reports, and tax payments; to change certain provisions regarding claims for refunds; to change certain provisions regarding the status of unpaid tax as a lien; to change certain provisions regarding hearings by the state revenue commissioner; to change certain provisions regarding powers and duties of special agents and enforcement officers; to change certain provisions regarding transportation of certain cigarettes or cigars; to change certain provisions regarding additional requirements and seizure and forfeiture of contraband; to change certain provisions regarding criminal penalties; to provide for powers, duties, and authority of the state revenue commissioner; to amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Bureau of Investigation, so as to change certain provisions regarding powers of agents generally; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change certain provisions regarding tax stamps; to change certain provisions regarding examinations by the state auditor; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, is amended by striking Code Section 48-11-1, relating to definitions, and inserting in its place a new Code Section 48-11-1 to read as follows:
"48-11-1. As used in this chapter, the term:
(1) 'Cigar' means any roll for smoking made wholly or in part of tobacco when the cover of the roll is also tobacco. (2) 'Cigarette' means any roll for smoking made wholly or in part of tobacco when the cover of the roll is paper or any substance other than tobacco. (3) 'Dealer' means any person other than a distributor who is engaged in this state in the business of selling cigars, or cigarettes, or loose or smokeless tobacco directly to the ultimate consumer of the cigars, or cigarettes, or loose or smokeless tobacco. (4) 'Distributor' means any person who:
(A) Maintains a warehouse, warehouse personnel, and salesmen salespersons who regularly contact and call on dealers; and (B) Is engaged in the business of:
(i) Manufacturing cigars, or cigarettes, or loose or smokeless tobacco in this state,; importing cigars, or cigarettes, or loose or smokeless tobacco into this state,;

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or purchasing cigars, or cigarettes, or loose or smokeless tobacco from other manufacturers or distributors; and (ii) Selling the cigars, or cigarettes, or loose or smokeless tobacco to dealers in this state for resale, but is not in the business of selling the cigars, or cigarettes, or loose or smokeless tobacco directly to the ultimate consumer of the cigars, or cigarettes, or loose or smokeless tobacco. (5) 'First taxable transaction' means the first sale, receipt, purchase, possession, consumption, handling, distribution, or use of cigars, or cigarettes, or loose or smokeless tobacco within this state. (6) 'Loose or smokeless tobacco' means granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff or snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking but does not include cigarettes or cigars or tobacco purchased for the manufacture of cigarettes by cigarette distributors. (6)(7) 'Sale' means any sale, transfer, exchange, theft, barter, gift, or offer for sale and distribution in any manner or by any means whatever. (7) (8) 'Stamp' means any impression, device, stamp, label, or print manufactured, printed, made, or affixed as prescribed by the commissioner. (8) (9) 'Vending machine' means any coin-in-the-slot device used for the automatic merchandising of cigars, or cigarettes, or loose or smokeless tobacco."
SECTION 2. Said chapter is further amended by striking Code Section 48-11-2, relating to excise taxes, and inserting in its place a new Code Section 48-11-2 to read as follows:
"48-11-2. (a) An excise tax, in addition to all other taxes of every kind imposed by law, is imposed upon the sale, receipt, purchase, possession, consumption, handling, distribution, or use of cigars, and cigarettes, and loose or smokeless tobacco in this state at the following rates:
(1) Little cigars weighing not more than three pounds per thousand: two and one-half mills each; (2) All other cigars: 13 36 percent of the wholesale cost price, exclusive of any trade, cash, or other discounts or any promotion, advertising, display, or similar allowances; (3) Cigarettes: 12 58 per pack of 20 cigarettes and a like rate, pro rata, for other size packages.; and (4) Loose or smokeless tobacco: 36 percent of the wholesale cost price, exclusive of any trade, cash, or other discounts or any promotion, advertising, display, or similar allowances. (b) When the retail selling price is referred to in this chapter as the basis for computing the tax, it is intended to mean the ordinary retail selling price of the article to the consumer before adding the amount of the tax.

WEDNESDAY, MARCH 26, 2003

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(c) The taxes imposed by this chapter are levied with respect to the purchase or use of cigars, or cigarettes, or loose or smokeless tobacco by the state or any department, institution, or agency of the state and by the political subdivisions of the state and their departments, institutions, and agencies. The taxes imposed by this chapter are not imposed with respect to cigars, or cigarettes, or loose or smokeless tobacco purchased exclusively for use by the patients at the Georgia War Veterans Home and the Georgia War Veterans Nursing Home. (d) The taxes imposed by this chapter are not levied with respect to cigars, or cigarettes, or loose or smokeless tobacco the purchase or use of which this state is prohibited from taxing under the Constitution or statutes of the United States. (e) The taxes imposed by this chapter shall be advanced and paid by the distributor to the commissioner for deposit and distribution as provided in this chapter upon the first taxable transaction within the state, whether or not the transaction involves the ultimate purchaser or consumer. The seller or distributor shall collect the tax from the purchaser or consumer and the purchaser or consumer shall pay the tax to the seller or distributor. The seller or distributor shall be responsible for the collection of the tax and the payment of the tax to the commissioner. Whenever cigars, or cigarettes, or loose or smokeless tobacco is are shipped from outside the state to anyone other than a distributor, the person receiving the cigars, or cigarettes, or loose or smokeless tobacco shall be deemed to be a distributor and shall be responsible for the tax on the cigars, or cigarettes, or loose or smokeless tobacco and the payment of the tax to the commissioner. (f) The amount of taxes advanced and paid to the state as provided in this Code section shall be added to and collected as a part of the sales price of the cigars, or cigarettes, or loose or smokeless tobacco sold or distributed. The amount of the tax shall be stated separately from the price of the cigars, or cigarettes, or loose or smokeless tobacco. (g) Except as provided in subsection (h) of this Code section, the The cigars, and cigarettes, and loose or smokeless tobacco tax imposed shall be collected only once upon the same cigarettes, cigars, or little cigars, or loose or smokeless tobacco."
SECTION 3. Said chapter is further amended by striking Code Section 48-11-3, relating to collection of such tax by stamps, and inserting in its place a new Code Section 48-11-3 to read as follows:
"48-11-3. (a) Except as otherwise provided in this Code section, the taxes imposed by Code Section 48-11-2 shall be collected and paid through the use of stamps. The commissioner shall secure stamps of such design and materials as he the commissioner deems appropriate to protect the revenue and shall sell the stamps to licensed distributors at a discount of not less than 2 percent and not more than 8 percent of the value of the stamps. The exact percentage of the discount shall be based on brackets according to the volume of cigars, and cigarettes, and loose or smokeless tobacco handled by the distributor pursuant to regulations promulgated by the commissioner.

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The commissioner shall prescribe by regulation the condition, method, and manner in which stamps are to be affixed to containers of cigars, and cigarettes, and loose or smokeless tobacco. (b) The commissioner may prescribe by regulation an alternate method, in lieu of the sale of stamps, of collecting and paying the tax imposed upon cigars and little cigars. The commissioner may also prescribe by regulation an alternate method, in lieu of the sale of stamps, of collecting and paying the tax imposed on loose or smokeless tobacco. Any such regulations shall be promulgated so that use of the alternate method will result in the same revenue to the state as the state would realize through the sale of stamps to the distributors. (c) No distributor shall sell or exchange with another distributor any stamps issued pursuant to this chapter. The commissioner is authorized to redeem at cost price any stamps presented for redemption by a licensed distributor when the commissioner determines from physical inspection that no cigars, or cigarettes, or loose or smokeless tobacco has have been sold by the distributor under pretense of the tax imposed by this chapter having been paid through use of the stamps."
SECTION 4. Said chapter is further amended by striking Code Section 48-11-4, relating to licensure and suspension and revocation, and inserting in its place a new Code Section 48-11-4 to read as follows:
"48-11-4. (a) No person shall engage in or conduct the business of manufacturing, purchasing, selling, consigning, vending, dealing in, or distributing cigars, or cigarettes, or loose or smokeless tobacco in this state without first obtaining a license from the commissioner. (b) All licenses shall be issued by the commissioner, who shall make rules and regulations with respect to applications for and issuance of the licenses. The commissioner may refuse to issue any license under this chapter when he the commissioner has reasonable cause to believe that the applicant has willfully withheld information requested of him the applicant or required by the regulations to be provided or reported or when the commissioner has reasonable cause to believe that the information submitted in any application or report is false or misleading and is not given in good faith. (c) The fee for a distributors license shall be $50.00 annually, except that for a person commencing business as a distributor for the first time the first years fee shall be $250.00. Each dealer shall have a permanent license issued by the commissioner free of charge. Each license, except a dealers license, shall begin on July 1 and end on June 30 of the next succeeding year. The prescribed fee shall accompany every application for a license and shall apply for any portion of the annual period. Each distributors or dealers license shall be subject to suspension or revocation for violation of any of the provisions of this chapter or of the rules and regulations made pursuant to this chapter. A separate license shall be required for each place of business. No person shall hold a distributors license and a dealers license at the same time.

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(d) The commissioner may make rules and regulations governing the sale of cigars, and cigarettes, and loose or smokeless tobacco and other tobacco products in vending machines. The commissioner shall require annually a special registration of each vending machine for any operation in this state and charge a license fee for the registration in the amount of $1.00 for each machine. The annual registration shall indicate the location of the vending machine. No vending machine shall be purchased or transported into this state for use in this state when the vending machine is not so designed as to permit inspection without opening the machine for the purpose of determining that cigars, and cigarettes, and loose or smokeless tobacco and other tobacco products contained in the machine bear the tax stamp required under this chapter. (e) The distributors or dealers license shall be exhibited in the place of business for which it is issued in the manner prescribed by the commissioner. The commissioner shall require each licensed distributor to file with him the commissioner a bond in an amount of not less than $1,000.00 to guarantee the proper performance of the distributors duties and the discharge of the distributors liabilities under this chapter. The bond shall run concurrently with the distributors license but shall remain in full force and effect for a period of one year after the expiration or revocation of the distributors license unless the commissioner certifies that all obligations due the state arising under this chapter have been paid. (f) The jurisdiction of the commissioner in the administration of this chapter shall extend to every person using or consuming cigars, or cigarettes, or loose or smokeless tobacco in this state and to every person dealing in cigars, or cigarettes, or loose or smokeless tobacco in any way for business purposes and maintaining a place of business in this state. For the purpose of this chapter, the maintaining of an office, store, plant, warehouse, stock of goods, or regular sales or promotional activity, whether carried on automatically or by salesmen salespersons or other representatives, shall constitute, among other activities, the maintaining of a place of business. (g) The commissioner may provide for the licensing of promotional activities, not including the sale of cigars, or cigarettes, or loose or smokeless tobacco, carried on by the manufacturer. The fee for any such license shall be $10.00 annually."
SECTION 5. Said chapter is further amended by striking Code Section 48-11-5, relating to licensing of nonresident distributors, and inserting in its place a new Code Section 48-11-5 to read as follows:
"48-11-5. (a)(1) If the commissioner finds that the collection of the tax imposed by this chapter would be facilitated by such action, he the commissioner may authorize any person residing or located outside this state who is engaged in the business of manufacturing cigars, or cigarettes, or loose or smokeless tobacco or any person residing or located outside this state who ships cigars, or cigarettes, or loose or smokeless tobacco into this state for sale to licensed dealers in this state, to be licensed as a distributor and,

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after the person complies with the commissioners requirements, to affix or cause to be affixed the stamps required by this chapter on behalf of the purchasers of the cigars, or cigarettes, or loose or smokeless tobacco who would otherwise be taxable for the cigars, and cigarettes, and loose or smokeless tobacco. The commissioner may sell tax stamps to an authorized person or may authorize the use of a metering machine by the person as provided in Code Section 48-11-3. (2) The commissioner shall require a bond of a nonresident distributor satisfactory to the commissioner and in an amount not to exceed $10,000.00, conditioned upon the payment of the tax and compliance with any other requirements specified by the commissioner. As a condition of authorization as provided in this Code section, a nonresident distributor shall agree to submit his the distributors books, accounts, and records for examination by the commissioner or his the commissioners duly authorized agent during reasonable business hours and shall appoint in writing an agent who resides in this state for the purpose of service. Service upon an agent shall be sufficient service upon the nonresident distributor and may be made by leaving a duly attested copy of the process with the agent. When legal process against any nonresident distributor is served upon the agent, the agent shall notify the nonresident distributor in the manner specified in Code Section 40-12-2. (3) Upon the grant of authorization as provided in this subsection and except as may otherwise be determined by the commissioner, a nonresident distributor shall become a licensed distributor within the meaning of this chapter and shall be subject to all provisions of this chapter applicable to licensed distributors. (b) Every nonresident manufacturer and every nonresident distributor of cigars, or cigarettes, or loose or smokeless tobacco making shipments of cigars, or cigarettes, or loose or smokeless tobacco by common carrier or otherwise for their own account or for the account of others to distributors or dealers located within this state shall make reports of the shipments when and as required by rules and regulations of the commissioner."
SECTION 6. Said chapter is further amended by striking Code Section 48-11-8, relating to sale or possession prohibitions and inserting in its place a new Code Section 48-11-8 to read as follows:
"48-11-8. (a)(1) No person shall sell, offer for sale, or possess with intent to sell any cigarettes in this state when the cigarette container does not bear the tax stamps required by Code Section 48-11-3. (2) No person shall sell, offer for sale, or possess with intent to sell in this state any cigars or little cigars upon which the tax has not been paid under the alternate method of collecting the taxes provided in Code Section 48-11-3 or which do not bear tax stamps. (3) No person shall sell, offer for sale, or possess with intent to sell any loose or smokeless tobacco in this state when the loose or smokeless tobacco container does

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not bear the tax stamps required by Code Section 48-11-3 or upon which the tax has not been paid under the alternate method of collecting the tax provided under Code Section 48-11-3. (b) Each distributor at the location for which his such distributors license is issued and in the manner specified by the commissioner shall affix the stamps required by this Code section to each individual package of cigarettes sold or distributed by him such distributor. Each distributor shall comply with the commissioners regulations for the payment of the tax on cigars or loose or smokeless tobacco as provided in Code Section 48-11-3 or shall affix to each container of cigars or loose or smokeless tobacco sold by him such distributor or from which he such distributor sells cigars or loose or smokeless tobacco the stamps required by this chapter. The stamps may be affixed or the tax under the alternate method may be paid by a distributor at any time before the cigars, or cigarettes, or loose or smokeless tobacco is are transferred out of his such distributors possession. (c) It is the intent of this chapter that the tax imposed by this chapter be paid only once and that, if the distributor acquires stamped cigarettes, tax-paid cigars, or stamped cigars, stamped loose or smokeless tobacco, or tax-paid loose or smokeless tobacco, such distributor he is not required to affix additional stamps or provide other evidence of payment of the tax. (d) Every dealer who comes into possession of cigars, or cigarettes, or loose or smokeless tobacco not bearing proper tax stamps or other evidence of the tax imposed by this chapter shall report the cigars, or cigarettes, or loose or smokeless tobacco to the commissioner prior to displaying, selling, using, or otherwise disposing of the cigars, and cigarettes, and loose or smokeless tobacco. After a report, the commissioner shall authorize a licensed distributor to affix the proper stamps to the cigars, and cigarettes, and loose or smokeless tobacco or, in the case of cigars or loose or smokeless tobacco, authorize the dealer to remit the tax by the alternate method promulgated by the commissioner in accordance with Code Section 48-11-3. A licensed distributor shall affix the stamps or comply with the alternate regulations when presented a permit for such action issued by the commissioner. A licensed distributor shall stamp cigarettes or comply with the alternate method provided in this chapter with respect to cigars or loose or smokeless tobacco, other than his such distributors own, only when authorized by the permit issued by the commissioner. (e) No wholesale or retail distributor or wholesale or retail dealer shall accept deliveries of unstamped cigarettes or loose or smokeless tobacco or nontax-paid cigars or loose or smokeless tobacco which are is shipped to him such distributor or acquired by him such distributor at any place within the state except as authorized and provided in this Code section. All cigars, and cigarettes, and loose or smokeless tobacco shall be examined by the distributor or dealer on receipt, and the distributor shall immediately report the cigars, or cigarettes, or loose or smokeless tobacco to the commissioner as provided in subsection (d) of this Code section. (f) The commissioner may prescribe the charges which may be made by a distributor to any person for the services of the distributor as provided in this chapter in affixing the

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tax stamps to each individual package of cigarettes or loose or smokeless tobacco and may prescribe the charges which may be made by a distributor in complying with the commissioners alternate regulations for the collection of the tax on cigars and little cigars or loose or smokeless tobacco. (g) This Code section shall not apply to unstamped cigars and little cigars or loose or smokeless tobacco upon which the tax has been paid in accordance with the alternate regulations promulgated by the commissioner under Code Section 48-11-3."
SECTION 7. Said chapter is further amended by striking Code Section 48-11-9, relating to seizure of contraband, and inserting in its place a new Code Section 48-11-9 to read as follows:
"48-11-9. (a)(1) Any cigars, or cigarettes, or loose or smokeless tobacco found at any place in this state without stamps affixed to them as required by this chapter are declared to be contraband articles and may be seized by the commissioner, his the commissioners agents or employees, or any peace officer of this state when directed by the commissioner to do so. (2) Paragraph (1) of this subsection shall not apply when: (A) The tax has been paid on the unstamped cigars and little cigars or loose or smokeless tobacco in accordance with the commissioners regulations promulgated pursuant to Code Section 48-11-3; (B) The cigars, or cigarettes, or loose or smokeless tobacco is are in the possession of a licensed distributor; (C) The cigars, or cigarettes, or loose or smokeless tobacco is are in course of transit from outside the state and are is consigned to a licensed distributor; (D) The cigars, or cigarettes, or loose or smokeless tobacco is are in the possession of a transporter who is in compliance with Code Section 48-11-22; or (E) The cigars, or cigarettes, or loose or smokeless tobacco is are in the possession of a registered taxpayer as defined in Code Section 48-11-14 and the time for making the report required by Code Section 48-11-14 has not expired. (3) This subsection shall not be construed to require the commissioner to confiscate unstamped or nontax-paid cigars, and cigarettes, and loose or smokeless tobacco or other property when he the commissioner has reason to believe that the owner of the cigars, cigarettes, loose or smokeless tobacco, or property is not willfully or intentionally evading the tax imposed by this chapter.
(b) Any cigars, cigarettes, loose or smokeless tobacco, or other property seized pursuant to this chapter may be offered for sale by the commissioner, at his the commissioners discretion, at public auction to the highest bidder after advertisement as provided in this Code section. The commissioner shall deliver to the Office of Treasury and Fiscal Services the proceeds of any sale made under this Code section. Before delivering any cigars, or cigarettes, or loose or smokeless tobacco sold to a purchaser at the sale, the commissioner shall require the purchaser to affix to the packages the amount of stamps required by this chapter or to comply with the commissioners

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alternate method. The seizure and sale of any cigars, cigarettes, loose or smokeless tobacco, or property pursuant to this chapter shall not relieve any person from a fine, imprisonment, or other penalty for violation of this chapter. (c) When any cigars, cigarettes, loose or smokeless tobacco, or other property has been seized pursuant to this chapter, the commissioner, at his the commissioners discretion, may advertise them it for sale in a newspaper published or having a circulation in the place in which the seizure occurred, at least five days before the sale. Any person claiming an interest in the cigars, cigarettes, loose or smokeless tobacco, or other property may make written application to the commissioner for a hearing. The application shall state the persons interest in the cigars, cigarettes, loose or smokeless tobacco, or other property and his such persons reasons why the cigars, cigarettes, loose or smokeless tobacco, or other property should not be forfeited. Further proceedings on the application for hearing shall be taken as provided in subsection (a) of Code Section 48-11-18. No sale of any cigars, cigarettes, loose or smokeless tobacco, or property seized pursuant to this chapter shall be made while an application for a hearing is pending before the commissioner. The pendency of an appeal under subsection (b) of Code Section 48-11-18 shall not prevent the sale unless the appellant posts a satisfactory bond with surety in an amount double the estimated value of the cigars, cigarettes, loose or smokeless tobacco, or other property and conditioned upon the successful termination of the appeal. (d) Any vending machine containing or dispensing any cigarettes or loose or smokeless tobacco which do does not bear the tax stamps required under this chapter or containing or dispensing any cigars or loose or smokeless tobacco upon which the tax has not been paid either through the purchase of stamps or the alternate procedure provided by the commissioner as required under this chapter shall be a contraband article. The commissioner may seize any such machine and deal with it in the same manner as provided by law for the seizure and sale of unstamped cigarettes or loose or smokeless tobacco and nontax-paid cigars or loose or smokeless tobacco."
SECTION 8. Said chapter is further amended by striking Code Section 48-11-10, relating to monthly reports, and inserting in its place a new Code Section 48-11-10 to read as follows:
"48-11-10. (a) Every licensed distributor shall file with the commissioner, on or before the tenth day of each month, a report in the form prescribed by the commissioner and disclosing:
(1) The number quantity of cigars, or cigarettes, or loose or smokeless tobacco on hand on the first and last days of the calendar month immediately preceding the month in which the report is filed; (2) Information required by the commissioner concerning the amount of stamps purchased, used, and on hand during the report period; and (3) Information otherwise required by the commissioner for the report period. (b) The commissioner may require other reports as he the commissioner deems necessary for the proper administration of this chapter including, but not limited to,

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reports from common carriers and warehousemen with respect to cigars, and cigarettes, and loose or smokeless tobacco delivered to or stored at any point in this state. (c) Any person who fails to file any report when due shall forfeit as a penalty for each day after the due date until the report is filed the sum of $1.00, to be collected in the manner provided in subsection (c) of Code Section 48-11-24 for the collection of penalties."
SECTION 9. Said chapter is further amended by striking subsection (a) of Code Section 48-11-11, relating to records, and inserting in its place a new subsection (a) to read as follows:
"(a) Each distributor and each dealer shall keep complete and accurate records of all cigars, and cigarettes, and loose or smokeless tobacco manufactured, produced, purchased, and sold. The records shall be of the kind and in the form prescribed by the commissioner and shall be safely preserved for three years in an appropriate manner to ensure permanency and accessibility for inspection by the commissioner and his the commissioners authorized agents. The commissioner and his the commissioners authorized agents may examine the books, papers, and records of any distributor or dealer in this state for the purpose of determining whether the tax imposed by this chapter has been fully paid and, for the purpose of determining whether the provisions of this chapter are properly observed, may investigate and examine the stock of cigars, or cigarettes, or loose or smokeless tobacco in or upon any premises including, but not limited to, public and private warehouses where the cigars, or cigarettes, or loose or smokeless tobacco is are possessed, stored, or sold."
SECTION 10. Said chapter is further amended by striking subsection (a) of Code Section 48-11-12, relating to assessment of deficiencies and penalties, and inserting in its place a new subsection (a) to read as follows:
"(a)(1) The commissioner shall assess a deficiency and may assess a penalty of 10 percent of the deficiency if, after an examination of the invoices, books, and records of a licensed distributor or dealer or of any other information obtained by the commissioner or his the commissioners authorized agents, the commissioner determines that:
(A) The report of the licensed distributor or licensed dealer is incorrect; (B) The licensed distributor or dealer has not paid the tax in accordance with the alternate regulations promulgated by the commissioner under Code Section 48-11-3; (C) The licensed distributor or dealer has not purchased sufficient stamps to cover his such licensed distributor or dealers receipts for sales or other disposition of unstamped cigarettes or loose or smokeless tobacco and nontax-paid cigars or loose or smokeless tobacco. (2) In any case where a licensed distributor or dealer cannot produce evidence of sufficient stamps purchased or other payment of the tax to cover the receipt of unstamped cigarettes or loose or smokeless tobacco or nontax-paid cigars or loose or

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smokeless tobacco, it shall be assumed that the cigars, and cigarettes, and loose or smokeless tobacco were sold without having either the proper stamps affixed or the tax paid on unstamped cigars or loose or smokeless tobacco."
SECTION 11. Said chapter is further amended by striking Code Section 48-11-13, relating to certain use, consumption, or storage taxes, and inserting in its place a new Code Section 48-1113 to read as follows:
"48-11-13. (a) There is imposed a tax on every person for the privilege of using, consuming, or storing cigars, and cigarettes, and loose or smokeless tobacco in this state on which the tax imposed by Code Section 48-11-2 has not been paid. The tax shall be measured by and graduated in accordance with the volume of cigars, and cigarettes, and loose or smokeless tobacco used, consumed, or stored as set forth in Code Section 48-11-2. (b) This Code section shall not apply to:
(1) Cigars, or cigarettes, or loose or smokeless tobacco in the hands of a licensed distributor or dealer; (2) Cigars, or cigarettes, or loose or smokeless tobacco in the possession of a carrier complying with Code Section 48-11-22; (3) Cigars, or cigarettes, or loose or smokeless tobacco stored in a public warehouse; (4) Cigarettes in an amount not exceeding 200 cigarettes which have been brought into the state on the person; or (5) Cigars in an amount not exceeding 20 cigars which have been brought into the state on the person.; or (6) Loose or smokeless tobacco in an amount not exceeding six containers which has been brought into the state on the person."
SECTION 12. Said chapter is further amended by striking subsection (a) of Code Section 48-11-14, relating to registration, reports, and tax payments, and inserting in its place a new subsection (a) to read as follows:
"(a) Before any person acquires cigars, or cigarettes, or loose or smokeless tobacco subject to the tax imposed by Code Section 48-11-13, he such person shall register with the commissioner as a responsible taxpayer subject to the obligation of maintaining records and making reports in the form prescribed by the commissioner. The report shall be made on or before the tenth day of the month following the month in which the cigars, or cigarettes, or loose or smokeless tobacco was were acquired and shall be accompanied by the amount of tax due."
SECTION 13. Said chapter is further amended by striking Code Section 48-11-15, relating to claims for refunds, and inserting in its place a new Code Section 48-11-15 to read as follows:
"48-11-15.

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The Office of Treasury and Fiscal Services is authorized to pay, on the order of the commissioner, claims for refunds of cigar, or cigarette, or loose or smokeless tobacco taxes found by the commissioner or the courts to be due any distributor, dealer, or taxpayer. The commissioner, upon proof satisfactory to him the commissioner and in accordance with regulations promulgated by him the commissioner, shall refund the cost price of stamps affixed to any package of cigars, or cigarettes, or loose or smokeless tobacco or shall refund the tax paid on cigars or loose or smokeless tobacco under the alternate method when the cigars, or cigarettes, or loose or smokeless tobacco has have become unfit for use, consumption, or sale and have has been destroyed or shipped out of the state."
SECTION 14. Said chapter is further amended by striking Code Section 48-11-17, relating to status of unpaid tax as a lien, and inserting in its place a new Code Section 48-11-17 to read as follows:
"48-11-17. The amount of any unpaid tax shall be a lien against the property of any distributor or dealer who sells cigars, or cigarettes, or loose or smokeless tobacco without collecting the tax and against the property of any person using or consuming cigars, or cigarettes, or loose or smokeless tobacco without proper stamps affixed to the cigars, or cigarettes, or loose or smokeless tobacco or without the tax paid on the cigars or loose or smokeless tobacco as otherwise provided in this chapter. The commissioner or his the commissioners authorized agents are authorized to seize the property of a delinquent distributor, dealer, or taxpayer and sell it as provided by law to satisfy the claim for taxes due under this chapter; or the commissioner may record his the commissioners lien specifying and describing the property against which the lien is effective, and the lien shall be good as against any other person until the claim for taxes is satisfied."
SECTION 15. Said chapter is further amended by striking subsection (a) of Code Section 48-11-18, relating to hearings by the commissioner, and inserting in its place a new subsection (a) to read as follows:
"(a) Any person aggrieved by any action of the commissioner or his the commissioners authorized agent may apply to the commissioner, in writing within ten days after the notice of the action is delivered or mailed to him the commissioner, for a hearing. The application shall set forth the reasons why the hearing should be granted and the manner of relief sought. The commissioner shall notify the applicant of the time and place fixed for the hearing. After the hearing, the commissioner may make an order as may appear to him the commissioner to be just and lawful and shall furnish a copy of the order to the applicant. The commissioner at any time by notice in writing may order a hearing on his the commissioners own initiative and require the taxpayer or any other person whom he the commissioner believes to be in possession of information concerning any manufacture, importation, use, consumption, storage, or sale of cigars,

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or cigarettes, or loose or smokeless tobacco which have has escaped taxation to appear before him the commissioner or his the commissioners duly authorized agent with any specific books of account, papers, or other documents for examination under oath relative to the information."
SECTION 16. Said chapter is further amended by striking subsection (a) of Code Section 48-11-19, relating to powers and duties of special agents and enforcement officers, and inserting in its place a new subsection (a) to read as follows:
"(a) Each person appointed by the commissioner as a special agent or enforcement officer of the department for the enforcement of the laws of this state with respect to the manufacture, transportation, distribution, sale, possession, and taxation of cigars, cigarettes, and little cigars, and loose or smokeless tobacco shall have the authority throughout the state to:
(1) Obtain and execute warrants for arrest of persons charged with violations of such laws; (2) Obtain and execute search warrants in the enforcement of such laws; (3) Arrest without warrant any person violating such laws in the officers presence or within his such officers immediate knowledge when there is likely to be a failure of enforcement of such laws for want of a judicial officer to issue a warrant; (4) Make investigations in the enforcement of such laws and, in connection with such investigations, to go upon any property outside buildings, whether posted or otherwise, in the performance of his such officers duties; (5) Seize and take possession of all property which is declared contraband under such laws; and (6) Carry firearms while performing his such officers duties."
SECTION 17. Said chapter is further amended by striking Code Section 48-11-22, relating to transportation of certain cigarettes and cigars, and inserting in its place a new Code Section 48-11-22 to read as follows:
"48-11-22. (a) Every person who transports upon the public highways, roads, and streets of this state cigars, or cigarettes, or loose or smokeless tobacco not stamped or on which tax has not been paid in accordance with the alternate regulations provided by the commissioner under Code Section 48-11-3 shall have in his such persons actual possession invoices or delivery tickets for the cigars, and cigarettes, and loose or smokeless tobacco which show the true name and address of the consignor or seller, the true name of the consignee or purchaser, the quantity and brands of the cigars, or cigarettes, or loose or smokeless tobacco transported, and the name and address of the person who has assumed or shall assume the payment of the tax at the point of ultimate destination. In the absence of the invoices or delivery tickets, the cigars, or cigarettes, or loose or smokeless tobacco being transported and the vehicles in which the cigars, or

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cigarettes, or loose or smokeless tobacco is are being transported shall be confiscated and disposed of as provided in Code Section 48-11-9; and the transporter may be liable for a penalty of not more than $25.00 for each individual carton of cigarettes, and $50.00 for each individual box of cigars, and $25.00 for each individual container of loose or smokeless tobacco being transported by him such person. The penalty shall be recovered as provided in subsection (c) of Code Section 48-11-24. (b) This Code section shall apply only with respect to the transportation of more than 200 cigarettes, or more than 20 cigars, or more than six containers of loose or smokeless tobacco."
SECTION 18. Said chapter is further amended by striking subsection (a) of Code Section 48-11-23, relating to additional sale requirements, and inserting in its place a new subsection (a) to read as follows:
"(a) It shall be unlawful for any person, with intent to evade the tax imposed by this chapter, to transport cigars, or cigarettes, or loose or smokeless tobacco in violation of Code Section 48-11-22."
SECTION 19. Said chapter is further amended by striking Code Section 48-11-23.1, relating to additional requirements and seizure and forfeiture of contraband, and inserting in its place a new Code Section 48-11-23.1 to read as follows:
"48-11-23.1. (a) As used in this Code section, the term 'package' means a pack, carton, or container of any kind in which cigarettes or loose or smokeless tobacco is are offered for sale, sold, or otherwise distributed, or intended for distribution, to consumers. (b) No tax stamp may be affixed to, or made upon, any package of cigarettes or loose or smokeless tobacco if:
(1) The package differs in any respect with the requirements of the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. Sec. 1331, et seq., for the placement of labels, warnings, or any other information upon a package of cigarettes or loose or smokeless tobacco that is to be sold within the United States; (2) The package is labeled 'For Export Only,' 'U.S. Tax Exempt,' 'For Use Outside U.S.,' or similar wording indicating that the manufacturer did not intend that the product be sold in the United States; (3) The package, or a package containing individually stamped packages, has been altered by adding or deleting the wording, labels, or warnings described in paragraph (1) or (2) of this subsection; (4) The package has been imported into the United States after January 1, 2000, in violation of 26 U.S.C. Sec. 5754; or (5) The package in any way violates federal trademark or copyright laws. (c) Any person who sells or holds for sale a cigarette packages or loose or smokeless tobacco package to which is affixed a tax stamp in violation of subsection (b) of this

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Code section shall be guilty of a misdemeanor. (d) Notwithstanding any other provision of law, the commissioner may revoke any license issued under this chapter to any person who sells or holds for sale a cigarette or loose or smokeless tobacco package to which is affixed a tax stamp in violation of subsection (b) of this Code section. (e) Notwithstanding any other provision of law, the commissioner may seize and destroy or sell to the manufacturer, only for export, packages that do not comply with subsection (b) of this Code section. (f) A violation of subsection (b) of this Code section shall constitute an unfair and deceptive act or practice under Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.'"
SECTION 20. Said chapter is further amended by striking subsection (a) of Code Section 48-11-24, relating to criminal penalties, and inserting in its place a new subsection (a) to read as follows:
"(a) Any person who possesses unstamped cigarettes or loose or smokeless tobacco or nontax-paid cigars or loose or smokeless tobacco in violation of this chapter shall be liable for a penalty of not more than $25.00 for each individual carton of unstamped cigarettes or loose or smokeless tobacco and $50.00 for each individual box of nontaxpaid cigars or loose or smokeless tobacco in his or her possession."
SECTION 21. Said chapter is further amended by striking Code Section 48-11-25, relating to criminal penalties, and inserting in its place a new Code Section 48-11-25 to read as follows:
"48-11-25. (a)(1) It shall be unlawful for any person, with the intent to evade the tax imposed by this chapter, to possess unstamped cigarettes or loose or smokeless tobacco or nontaxpaid cigars or loose or smokeless tobacco. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor. (b)(1) It shall be unlawful for any person, with the intent to evade the tax imposed by this chapter, to: (A) Sell cigarettes or loose or smokeless tobacco without the stamps required by this chapter being affixed to the cigarettes or loose or smokeless tobacco; or (B) Sell cigars or loose or smokeless tobacco without the stamp or stamps required by this chapter or without the tax being paid on the cigars or loose or smokeless tobacco in accordance with the alternate method. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one year nor more than ten years."

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SECTION 22. Said chapter is further amended by striking subsection (a) of Code Section 48-11-27, relating to criminal penalties, and inserting in its place a new subsection (a) to read as follows:
"(a) It shall be unlawful for any person to: (1) Make a false entry upon any invoices or any record relating to the purchase, possession, or sale of cigarettes or loose or smokeless tobacco; or (2) With intent to evade any tax imposed by this chapter, present any false entry upon any such invoice or record for the inspection of the commissioner or his the commissioners authorized agents."
SECTION 23. Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Bureau of Investigation, is amended by striking Code Section 35-3-8, relating to powers of agents generally, and inserting in its place a new Code Section 35-3-8 to read as follows:
"35-3-8. (a) All properly appointed agents of the bureau shall have the powers, including the power of making arrests and appearing in court, for the enforcement of all criminal statutes pertaining to the manufacture, transportation, distribution, sale, or possession of liquor, wine, beer, alcoholic beverages, cigars, cigarettes, little cigars, cheroots, and stogies, and loose or smokeless tobacco and shall concurrently with agents and enforcement officers appointed by the state revenue commissioner have the authority throughout the state to:
(1) Obtain and execute warrants for the arrest of persons charged with violations of such laws; (2) Obtain and execute search warrants in the enforcement of such laws; (3) Arrest without warrant any person found in violation of such laws, or endeavoring to escape, or if for other cause there is likely to be a failure of enforcement of such laws for want of an officer to issue a warrant; (4) Make investigations in the enforcement of such laws and in connection therewith to go upon any property outside of buildings, posted or otherwise, in the performance of such duties; (5) Seize and take possession of all property which is declared contraband under such laws; and (6) Carry firearms while performing their duties. (b) The enforcement powers conferred in this Code section upon agents of the bureau shall relate only to the enforcement of the criminal provisions relating to the manufacture, transportation, distribution, sale, or possession of liquor, wine, beer, alcoholic beverages, cigars, cigarettes, little cigars, cheroots, and stogies, and loose or smokeless tobacco and shall not extend to regulatory matters with respect to such products under the jurisdiction of the state revenue commissioner."

WEDNESDAY, MARCH 26, 2003

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SECTION 24. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking subsection (a) of Code Section 50-5-76, relating to tax stamps, and inserting in its place a new subsection (a) to read as follows:
"(a) All cigarette tax stamps, loose or smokeless tobacco tax stamps, fertilizer tax tags, and other stamps, tags, and paraphernalia evidencing the payment of tax collected by the state or any department thereof shall be purchased by the Department of Administrative Services subject to the requisition of any department of the state requiring the use of the tax stamps or tags."
SECTION 25. Said title is further amended by striking Code Section 50-6-5, relating to examinations by the state auditor, and inserting in its place a new Code Section 50-6-5 to read as follows:
"50-6-5. The state auditor shall, upon the request of either the Governor or the state revenue commissioner, make an examination into and report upon the necessary books, records, and accounts of those persons, firms, and corporations required by law to pay an occupational tax as distributors of motor fuels and also, at the request of the state revenue commissioner, of those persons, firms, and corporations required by law to pay a tax upon the retail sales price of cigarettes, and cigars, and loose or smokeless tobacco, as prescribed in Code Section 48-11-2. The examination is to be made at such time as shall be fixed by the state revenue commissioner and for the purpose and to the extent of ascertaining whether or not the tax has been paid and collected as provided by law."
SECTION 26. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 27. laws and parts of laws in conflict with this Act are repealed.

Pursuant to Rule 134, Representative Walker of the 115th was excused from voting on HB 379.

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

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Y Amerson N Anderson Y Ashe Y Bannister Y Barnard N Barnes N Beasley-Teague Y Benfield N Birdsong N Black N Boggs Y Bordeaux N Borders Y Bridges N Brock N Brooks Y Broome N Brown
Bruce N Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler Y Campbell N Casas N Chambers N Channell N Childers N Coan Y Coleman, B Y Cooper N Crawford N Cummings

Day Y Dean Y Deloach E Dix Y Dodson N Dollar N Dooley N Douglas Y Drenner N Dukes E Ehrhart N Elrod N Epps N Fleming N Floyd, H N Floyd, J N Fludd N Forster N Franklin Y Gardner Y Golick N Graves, D N Graves, T N Greene N Greene-Johnson N Hanner N Harbin N Harper Y Harrell Y Heard, J N Heard, K N Heath N Heckstall Y Hembree N Henson N Hill, C

Y Hill, C.A N Hill, V N Hines Y Holmes N Houston N Howard N Howell N Hudson N Hugley N Jackson N James N Jamieson N Jenkins N Jones N Jordan N Joyce N Keen N Knox N Lane N Lewis N Lord N Lucas N Lunsford N Maddox N Mangham Y Manning Y Marin N Martin Y Massey Y Maxwell Y McBee N McCall N McClinton Y Millar N Mills N Mitchell

N Mobley N Moraitakis N Morris Y Mosby N Mosley N Murphy, J N Murphy, Q N Noel N Oliver, B Y Oliver, M Y O'Neal Y Orrock N Parham N Parrish Y Parsons N Porter N Powell N Purcell N Ralston N Randall N Ray N Reece, B N Reece, S Y Rice Y Richardson N Roberts, J N Roberts, L N Rogers, C N Rogers, Ch. N Royal N Rynders N Sailor Y Scott N Shaw N Sheldon N Sholar

N Sims N Sinkfield N Skipper N Smith, B N Smith, L N Smith, P N Smith, T Y Smith, V N Smyre N Snow Y Stanley-Turner N Stephens, E Y Stephens, R Y Stephenson N Stokes N Stoner N Teilhet N Teper Y Thomas, A Y Thomas, A.M N Thompson Y Twiggs
Walker, L N Walker, R.L N Warren N Watson N Westmoreland N White Y Wilkinson Y Willard N Williams, A N Williams, E N Williams, R N Wix N Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 47, nays 127. The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Richardson of the 26th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 379.

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:

WEDNESDAY, MARCH 26, 2003

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HB 858. By Representatives Massey of the 24th and Powell of the 23rd:
A BILL to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals relative to traffic offenses, so as to change certain provisions relating to restrictions on ability of courts to change or modify traffic law sentences or judgments; to provide for recognition of certain changes in traffic law sentences or judgments by the Department of Motor Vehicle Safety; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 859. By Representatives Bordeaux of the 125th and Campbell of the 39th:
A BILL to amend Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries, so as to change provisions relating to peremptory challenges in felony cases; to change provisions relating to selecting alternate jurors; to provide the manner in which peremptory challenges are made; to change the size of the jury panel in felony cases; and for other purposes.

Referred to the Committee on Judiciary.

HB 860. By Representatives Orrock of the 51st, Smyre of the 111th, Stanley-Turner of the 43rd, Post 2, Porter of the 119th, Warren of the 99th and others:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to enact the "Georgia Economic Development and Fiscal Accountability Act"; to provide for legislative findings; to ensure that the award of economic development subsidies generates improvements in wage levels and access to health care insurance coverage for working families; and for other purposes.

Referred to the Committee on Ways & Means.

Representative Channell of the 77th District, Vice-Chairman of the Committee on Transportation, submitted the following report:

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Mr. Speaker:
Your Committee on Transportation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 503 Do Pass

Respectfully submitted, /s/ Channell of the 77th
Vice-Chairman

The Speaker announced the House in recess until 5:00 P.M., at which time the House will stand adjourned until 10:00 o'clock A.M. the next legislative day.

THURSDAY, MARCH 27, 2003 Representative Hall, Atlanta, Georgia
Thursday, March 27, 2003

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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. F. Hugh Kirby, Pastor, First Baptist Church, Hartwell, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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

HB 829. By Representatives Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:
A BILL to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide that persons licensed under Chapter 14 of Title 43 shall retain title to all equipment and materials furnished in the performance of a contract until full payment is made; to authorize repossession of such equipment and materials; to provide that such persons shall not be held liable for damages incurred in removing any such equipment or materials; and for other purposes.

Referred to the Committee on Judiciary.

HB 830. By Representatives Barnard of the 121st, Post 1 and Oliver of the 121st, Post 2:
A BILL to amend an Act providing for election of members of the board of education of Tattnall County, so as to change certain district descriptions for purposes of electing members of the board; and for other purposes.

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

HB 831. By Representatives Murphy of the 14th, Post 2, Knox of the 14th, Post 1, Hill of the 16th, Rogers of the 15th, Franklin of the 17th and others:
A BILL to amend an Act entitled "An Act to provide a new charter for the City of Ball Ground," so as to remove the limitation on the number of terms a person may serve as mayor; and for other purposes.

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

HB 832. By Representatives Buckner of the 82nd, Beasley-Teague of the 48th, Post 2, Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Mosby of the 59th,

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Post 3 and others:
A BILL to establish the "Clayton County Commission on Children and Youth"; and for other purposes.

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

HB 833. By Representatives Fleming of the 79th, Boggs of the 145th, Richardson of the 26th, Stokes of the 72nd, Walker of the 115th and others:
A BILL 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; and for other purposes.

Referred to the Committee on Judiciary.

HB 834. By Representatives Wilkinson of the 41st, Stephens of the 123rd, Keen of the 146th, Jackson of the 124th, Post 1 and Bordeaux of the 125th:
A BILL to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to place of return of motor vehicles and mobile homes, so as to define a term; to provide that a motor vehicle shall be returned in the county where the motor vehicle is functionally located; and for other purposes.

Referred to the Committee on Ways & Means.

HB 835. By Representative Hudson of the 95th:
A BILL to amend an Act reconstituting the Board of Education of Warren County, so as to provide for the election of members of the board in nonpartisan elections; and for other purposes.

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

HB 836. By Representatives Mills of the 67th, Post 2, Rogers of the 20th, Amerson of the 9th, Reece of the 21st and Coan of the 67th, Post 1:
A BILL to amend an Act creating the State Court of Hall County, so as to provide for an additional judge for said court after June 30, 2003; and for other purposes.

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

HB 837. By Representatives Ehrhart of the 28th, Manning of the 32nd, Wilkinson of the 41st, Hines of the 35th, Cooper of the 30th and others:
A BILL to amend an Act creating the Board of Commissioners of Cobb County, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; and for other purposes.

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

HB 838. By Representatives Hill of the 147th, Keen of the 146th, Mills of the 67th, Post 2, Smith of the 129th, Post 2, Mosley of the 129th, Post 1 and others:
A BILL to amend Code Section 47-2-266 of the Official Code of Georgia Annotated, relating to certain judicial employees' membership in the Employees' Retirement System of Georgia and contributions, so as to provide that a person who is a member of such retirement system because of employment as a court administrator may obtain up to four years of creditable service for prior service as a full-time law clerk for a judicial circuit; and for other purposes.

Referred to the Committee on Retirement.

HB 839. By Representative Hill of the 147th: A BILL to create the St. Marys Convention and Visitors Bureau Authority as

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1615

a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility of promotion of tourism, trade, and conventions for St. Marys, Georgia; to provide for creation and organization; and for other purposes.

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

HB 840. By Representatives Benfield of the 56th, Post 1, Mobley of the 58th, Oliver of the 56th, Post 2, Henson of the 55th and Drenner of the 57th:
A BILL to authorize the City of Avondale Estates 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 841. By Representatives Crawford of the 91st and Ray of the 108th:
A BILL to create a board of elections and registration for Upson County and provide for its powers and duties; and for other purposes.

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

HB 842. By Representatives Barnard of the 121st, Post 1 and Oliver of the 121st, Post 2:
A BILL to amend an Act creating the board of commissioners of Tattnall County, so as to change certain district descriptions for purposes of electing members of the board; and for other purposes.

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

HB 843. By Representative Harbin of the 80th:

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A BILL to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide definitions; to provide for confirmation and expedited processing of claims filed by electronic means by providers; to establish mechanics for the processing of health care claims submitted by providers; to establish standards for the processing of health care claims submitted by providers to health care insurers; and for other purposes.

Referred to the Committee on Insurance.

HB 847. By Representatives Birdsong of the 104th, Parham of the 94th, Jenkins of the 93rd and Lucas of the 105th:
A BILL to amend an Act creating a Board of Education of Jones County, so as to change the description of the districts from which members of such board are elected; and for other purposes.

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

HB 848. By Representative Lane of the 101st:
A BILL to provide that future elections for the office of chief magistrate of Bulloch County shall be nonpartisan elections; and for other purposes.

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

HB 849. By Representative Lane of the 101st:
A BILL to provide that future elections for the office of probate judge of Screven County shall be nonpartisan elections held at the time of certain November general elections; and for other purposes.

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

HB 850. By Representative Skipper of the 116th:

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A BILL to create a board of elections and registration for Marion County and provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; and for other purposes.

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

HB 851. By Representatives Smith of the 13th, Post 2, Butler of the 88th, Post 1 and Harper of the 88th, Post 2:
A BILL to amend Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to funds for public roads, so as to provide for the formation of metropolitan planning organizations; and for other purposes.

Referred to the Committee on Transportation.

HB 852. By Representative Jamieson of the 22nd:
A BILL to amend Code Section 48-7-114 of the Official Code of Georgia Annotated, relating to estimated income tax by individuals, so as to increase the threshold at which estimated tax liability payments are required; and for other purposes.

Referred to the Committee on Ways & Means.

HB 853. By Representative Jamieson of the 22nd:
A BILL to amend an Act providing for a homestead exemption from certain Banks County ad valorem taxes for county purposes for certain residents of that county who are senior citizens or disabled, so as to increase the amount of such exemption; and for other purposes.

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

HB 854. By Representative Jamieson of the 22nd:

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A BILL to amend and supersede the laws pertaining to the governing authority of Banks County; to provide for a Board of Commissioners of Banks County; and for other purposes.

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

HB 855. By Representative Jamieson of the 22nd:
A BILL to amend Code Section 48-8-49 of the Official Code of Georgia Annotated, relating to dealers' sales and use tax returns, so as to increase the threshold at which estimated tax liability payments are required; and for other purposes.

Referred to the Committee on Ways & Means.

HB 856. By Representatives Barnes of the 84th, Post 2 and Dodson of the 84th, Post 1:
A BILL to amend an Act providing a new charter for the City of Hampton, so as to repeal a provision prohibiting persons holding elective office from serving on boards, commissions, and authorities; and for other purposes.

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

HB 857. By Representatives Barnes of the 84th, Post 2 and Dodson of the 84th, Post 1:
A BILL to create the City of Hampton Public Facilities Authority; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.
HB 861. By Representative Roberts of the 131st: A BILL to provide a new charter for the City of Abbeville; and for other purposes.

THURSDAY, MARCH 27, 2003

1619

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

HB 862. By Representatives Rogers of the 15th, Knox of the 14th, Post 1, Murphy of the 14th, Post 2, Franklin of the 17th and Hill of the 16th:
A BILL to amend an Act creating the State Court of Cherokee County, so as to authorize the court to charge a technology fee for each civil case filed and each criminal fine imposed; to specify the uses to which said technology fees may be put; and for other purposes.

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

HB 863. By Representatives Noel of the 44th, Stephens of the 123rd and Black of the 144th:
A BILL to amend Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions of the uniform rules of the road, so as to provide for a condition of probation; to provide for a bumper sticker indicating conviction of certain offenses to be displayed on the vehicle driven by certain offenders; to provide for a driver's license with the restriction of probation endorsed thereon; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 864. By Representative Boggs of the 145th:
A BILL to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to general provisions regarding certiorari and appeals to appellate courts, so as to change certain provisions regarding certain bills of costs; and for other purposes.

Referred to the Committee on Judiciary.

HB 865. By Representatives Hill of the 16th and McBee of the 74th: A BILL to amend Article 3 of Chapter 3 of Title 50 of the Official Code of

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Georgia Annotated, relating to state symbols, so as to designate the Funk Heritage/Bennett Center at Reinhardt College as Georgia's official Frontier and Southeastern Indian Interpretive Center; and for other purposes.

3/27/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 865. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Hill District 16

Referred to the Committee on Rules.

HB 866. By Representatives Sinkfield of the 50th, Manning of the 32nd, Dooley of the 33rd, Post 3, Anderson of the 100th and Thomas of the 33rd, Post 2:
A BILL to amend Chapter 3 of Title 49 of the Official Code of Georgia Annotated, relating to county and district departments, boards, and directors of family and children services, so as to provide for the appointment of a county director to serve in more than one county; to provide for the appointment of an acting county director; to provide for such employees as may be necessary to provide services in multiple counties; and for other purposes.

Referred to the Committee on Children & Youth.

HR 546. By Representatives Stephenson of the 60th, Post 1, Lucas of the 105th, Brooks of the 47th, Mangham of the 62nd, Benfield of the 56th, Post 1 and others:
A RESOLUTION creating the Georgia Capital Punishment Study Commission to study the death penalty; and for other purposes.

THURSDAY, MARCH 27, 2003 Referred to the Committee on Rules.

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HR 547. By Representatives Jackson of the 124th, Post 1, Stephens of the 124th, Post 2, James of the 114th, Heckstall of the 48th, Post 3 and Williams of the 128th:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to define and provide for pari-mutuel wagering at horsetracks and telecommunication outlets; to authorize the General Assembly to define and provide for the regulation of such wagering; and for other purposes.

Referred to the Committee on Regulated Industries.

HR 558. By Representatives Jones of the 38th, Watson of the 60th, Post 2 and Burkhalter of the 36th:
A RESOLUTION creating the House Local School District Development Impact Fees Study Committee; and for other purposes.

Referred to the Committee on Rules.

HR 559. By Representative Jamieson of the 22nd:
A RESOLUTION designating the Tommy R. Crabb Sr. Memorial Highway; and for other purposes.

3/26/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 559. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Jamieson District 22

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Referred to the Committee on Transportation.

HR 561. By Representatives Burmeister of the 96th, Rogers of the 15th, Harper of the 88th, Post 2, Watson of the 60th, Post 2, Bridges of the 7th and others:
A RESOLUTION to urge the appropriate state officials to take all necessary steps to obtain the federal grant moneys available under the federal Trade Act of 2002 to assist in the implementation of the Georgia High Risk Health Insurance Plan; and for other purposes.

Referred to the Committee on Appropriations.

HR 562. By Representatives Forster of the 3rd, Post 1, Snow of the 1st, Hill of the 81st, Sims of the 130th and Noel of the 44th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that a coroner shall be a county officer where such office has not been abolished by local constitutional amendment and for the election, term, qualifications, powers, and duties thereof; and for other purposes.

Referred to the Committee on Governmental Affairs.

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 867. By Representatives Golick of the 34th, Post 3 and Boggs of the 145th:
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 revise provisions relating to avoiding or attempting to avoid charges for telecommunications service, use of assembly plans for devices for theft of telecommunications service or for concealing the origin or destination of any telecommunication, and seizure and disposal of devices, equipment, or any plan or instruction used for theft of telecommunications service; to make such provisions applicable to communication service, communication devices, and unlawful access devices; and for other purposes.

THURSDAY, MARCH 27, 2003 Referred to the Committee on Public Utilities & Telecommunications.

1623

HB 868. By Representatives Westmoreland of the 86th, Walker of the 115th, Dodson of the 84th, Post 1 and Jamieson of the 22nd:
A BILL to amend Article 2 of Chapter 2 of Title 22 of the Official Code of Georgia Annotated, relating to proceedings before a special master, so as to provide for inverse condemnation proceedings before a special master; to change certain provisions regarding definitions; to provide for procedures, conditions, and limitations; to provide for damages; and for other purposes.

Referred to the Committee on Judiciary.

HB 869. By Representatives Coleman of the 118th, Jenkins of the 93rd and Stephenson of the 60th, Post 1:
A BILL to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to repeal certain additional charges on criminal and civil filings and proceedings; to repeal Code Section 15-6-77.4, relating to an additional divorce case filing fee for the Children's Trust Fund; to repeal Code Section 14-9-60.1, relating to an additional marriage license fee for the Children's Trust Fund; to repeal Article 4 of Chapter 21, the "Peace Officer and Prosecutor Training Fund of 1983"; to repeal Article 7 of Chapter 21, relating to the compensation to victims of violators of driving under the influence statute; to repeal Code Section 15-21-149; to repeal Code Section 15-21-150; to repeal Code Section 15-21-151; to repeal Code Section 15-21152; and for other purposes.

Referred to the Committee on Special Judiciary.

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

HB 778 HB 779 HB 780 HB 781 HB 782

HB 814 HB 815 HB 816 HB 817 HB 818

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HB 783 HB 784 HB 785 HB 786 HB 787 HB 788 HB 789 HB 790 HB 791 HB 792 HB 793 HB 794 HB 795 HB 796 HB 797 HB 798 HB 799 HB 800 HB 801 HB 802 HB 803 HB 804 HB 805 HB 806 HB 807 HB 808 HB 809 HB 810 HB 811 HB 812 HB 813

JOURNAL OF THE HOUSE
HB 819 HB 820 HB 821 HB 822 HB 823 HB 824 HB 825 HB 826 HB 827 HB 828 HB 844 HB 845 HB 846 HB 858 HB 859 HB 860 HR 527 HR 528 HR 529 HR 530 HR 544 SB 1 SB 2 SB 154 SB 182 SB 207 SB 213 SB 217 SB 221 SB 222

Pursuant to Rule 52, Representative Cooper of the 30th moved that the following Bill of the House be engrossed:

HB 807. By Representatives McCall of the 78th, Cooper of the 30th, Royal of the 140th and Roberts of the 131st:
A BILL to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required and disclosure of exempting legal authority, so as to provide an exemption for

THURSDAY, MARCH 27, 2003

1625

certain records related to public water supply systems or public sewage systems; to provide for judicial review in camera of certain nondisclosed documents; and for other purposes.

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

Y Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome N Brown
Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn
Burkhalter N Burmeister N Butler N Campbell N Casas Y Chambers Y Channell Y Childers N Coan N Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach N Dix N Dodson
Dollar Y Dooley N Douglas Y Drenner Y Dukes Y Ehrhart N Elrod Y Epps
Fleming Y Floyd, H Y Floyd, J N Fludd
Forster N Franklin Y Gardner
Golick Y Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin N Harper
Harrell N Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson N Hill, C

Hill, C.A Hill, V N Hines Holmes Houston Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins N Jones Y Jordan N Joyce N Keen N Knox Y Lane Y Lewis Y Lord Lucas N Lunsford Y Maddox Mangham Y Manning Marin N Martin N Massey N Maxwell Y McBee Y McCall Y McClinton Y Millar N Mills Y Mitchell

Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Ray Y Reece, B N Reece, S N Rice Richardson Y Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders Y Sailor N Scott Y Shaw N Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre
Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White
Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

On the motion the ayes were 107, nays 46. The motion prevailed.

Representative Mangham of the 62nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye"

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Representative Burkhalter of the 36th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

Pursuant to Rule 52, Representative Walker of the 115th moved that the following Bill of the House be engrossed:

HB 823. By Representatives Walker of the 115th, Brooks of the 47th, Golick of the 34th, Post 3, Smith of the 87th, Barnard of the 121st, Post 1 and others:

A BILL to amend Code Section 50-3-1 of the Official Code of Georgia Annotated, relating to the state flag and certain monuments and memorials, so as to change the design and description of the state flag; to provide for a referendum to determine the wishes of the voters with respect to the flag so adopted; and for other purposes.

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

Y Amerson N Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck
Buckner, D Y Buckner, G N Bunn Y Burkhalter N Burmeister Y Butler

Y Day Y Dean Y Deloach N Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming
Floyd, H Y Floyd, J N Fludd Y Forster N Franklin Y Gardner Y Golick Y Graves, D N Graves, T Y Greene N Greene-Johnson Y Hanner

Y Hill, C.A Hill, V
N Hines Holmes
Y Houston Howard
Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins
Jones Y Jordan N Joyce N Keen N Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford N Maddox Y Mangham Y Manning

Y Mobley Y Moraitakis Y Morris Y Mosby
Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P
Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L N Walker, R.L Y Warren Y Watson

Y Campbell N Casas Y Chambers Y Channell Y Childers N Coan Y Coleman, B
Cooper Y Crawford Y Cummings

THURSDAY, MARCH 27, 2003

Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson Y Hill, C

Y Marin Y Martin
Massey Y Maxwell Y McBee Y McCall N McClinton N Millar N Mills Y Mitchell

Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw N Sheldon Y Sholar

On the motion the ayes were 140, nays 27. The motion prevailed.

1627
Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

Pursuant to Rule 52, Representative Stanley-Turner of the 43rd, Post 2 moved that the following Bill of the House be engrossed:

HB 827. By Representatives Stanley-Turner of the 43rd, Post 2, Boggs of the 145th, Walker of the 115th, Holmes of the 48th, Post 1 and Stokes of the 72nd:

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 that are not required to be open to the public; to change certain provisions relating to exceptions from the requirements of disclosure of public records; and for other purposes.

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

Y Amerson Y Anderson Y Ashe Y Bannister
Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome N Brown

Y Day Y Dean Y Deloach N Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes
Ehrhart N Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster

N Hill, C.A Hill, V
N Hines Holmes
Y Houston Howard
Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins
Jones Y Jordan N Joyce N Keen N Knox

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J
Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons
Porter Powell Y Purcell

Y Sims Y Sinkfield
Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper

1628
Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas
Chambers Y Channell Y Childers Y Coan N Coleman, B N Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

N Franklin Y Gardner Y Golick N Graves, D N Graves, T
Greene Y Greene-Johnson Y Hanner Y Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson N Hill, C

Y Lane N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham N Manning
Marin Martin N Massey N Maxwell Y McBee McCall McClinton Millar N Mills Y Mitchell

Y Ralston Y Randall Y Ray
Reece, B N Reece, S N Rice
Richardson N Roberts, J
Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders Y Sailor N Scott Y Shaw N Sheldon Y Sholar

On the motion the ayes were 104, nays 52. The motion prevailed.

Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs
Walker, L N Walker, R.L
Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

Pursuant to Rule 52, Representative Crawford of the 91st moved that the following Bill of the House be engrossed:

HB 844. By Representative Crawford of the 91st:

A BILL to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, so as to provide for definitions; to provide for penalties related to counterfeit cigarettes; and for other purposes.

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

N Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux

N Day Y Dean Y Deloach N Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart N Elrod

Y Hill, C.A Hill, V
Y Hines Holmes
Y Houston Howard
Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson

Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock

Sims Sinkfield Y Skipper N Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E

Y Borders N Bridges Y Brock Y Brooks Y Broome Y Brown N Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter Y Burmeister Y Butler Y Campbell N Casas N Chambers Y Channell Y Childers Y Coan N Coleman, B N Cooper Y Crawford Y Cummings

THURSDAY, MARCH 27, 2003

Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner
Harbin Y Harper
Harrell N Heard, J Y Heard, K Y Heath Y Heckstall N Hembree Y Henson Y Hill, C

Y Jenkins N Jones Y Jordan N Joyce Y Keen Y Knox Y Lane N Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin
Massey Y Maxwell Y McBee
McCall Y McClinton N Millar
Mills Y Mitchell

Y Parham Y Parrish Y Parsons Y Porter
Powell Y Purcell Y Ralston Y Randall Y Ray
Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J
Roberts, L N Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor N Scott Y Shaw N Sheldon Y Sholar

On the motion the ayes were 132, nays 27. The motion prevailed.

1629
Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson
Twiggs Walker, L N Walker, R.L Y Warren Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates Coleman, Speaker

Pursuant to Rule 52, Representative Warren of the 99th moved that the following Resolution of the House be engrossed:

HR 544. By Representative Warren of the 99th:

A RESOLUTION designating Alvin Mitchell Street; and for other purposes.

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black

Y Day Y Dean Y Deloach N Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes

Y Hill, C.A Y Hill, V Y Hines
Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley Y Jackson

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M

Y Sims Sinkfield
Y Skipper N Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow

1630
Boggs Y Bordeaux Y Borders N Bridges Y Brock Y Brooks Y Broome
Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

N Ehrhart N Elrod Y Epps
Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner Y Golick Y Graves, D N Graves, T Y Greene Y Greene-Johnson
Hanner Y Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson Y Hill, C

Y James Y Jamieson Y Jenkins N Jones Y Jordan N Joyce Y Keen
Knox Y Lane N Lewis Y Lord Y Lucas N Lunsford N Maddox Y Mangham
Manning Y Marin Y Martin
Massey Y Maxwell Y McBee
McCall Y McClinton
Millar N Mills Y Mitchell

Y O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray
Reece, B Y Reece, S N Rice
Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor N Scott Y Shaw N Sheldon Y Sholar

On the motion the ayes were 129, nays 34. The motion prevailed.

Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs
Walker, L N Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

Representative Floyd of the 132nd District, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks and Banking has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 777 Do Pass

Respectfully submitted, /s/ Floyd of the 132nd
Chairman

THURSDAY, MARCH 27, 2003

1631

Representative Sinkfield of the 50th District, Chairman of the Committee on Children and Youth, submitted the following report:
Mr. Speaker:
Your Committee on Children and Youth has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 316 Do Pass, by Substitute HB 489 Do Pass, as Amended

Respectfully submitted, /s/ Sinkfield of the 50th
Chairman

Representative Parrish of the 102nd District, Chairman of the Committee on Economic Development and Tourism, submitted the following report:
Mr. Speaker:
Your Committee on Economic Development and Tourism 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 324 Do Pass, by Substitute HB 497 Do Pass, by Substitute

Respectfully submitted, /s/ Parrish of the 102nd
Chairman

Representative Lane of the 101st District, Chairman of the Committee on Game, Fish and Parks, submitted the following report:
Mr. Speaker:
Your Committee on Game, Fish and Parks has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the

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JOURNAL OF THE HOUSE

following recommendations:
HB 814 Do Pass, by Substitute HB 815 Do Pass, by Substitute HB 845 Do Pass, by Substitute

Respectfully submitted, /s/ Lane of the 101st
Chairman

Representative Powell of the 23rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 427 Do Pass, by Substitute HB 726 Do Pass

Respectfully submitted, /s/ Powell of the 23rd
Chairman

Representative Childers of the 13th District, Post 1, Chairman of the Committee on Health and Human Services, submitted the following report:

Mr. Speaker:

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

HB 261 Do Pass, by Substitute HB 594 Do Pass, by Substitute HB 617 Do Pass

SB 85 Do Pass SR 49 Do Pass

THURSDAY, MARCH 27, 2003
Respectfully submitted, /s/ Childers of the 13th, Post 1
Chairman

1633

Representative Smith of the 13th District, Post 2, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 735 Do Pass

Respectfully submitted, /s/ Smith of the 13th, Post 2
Chairman

Representative Lucas of the 105th District, Chairman of the Committee on Public Utilities and Telecommunications, submitted the following report:
Mr. Speaker:
Your Committee on Public Utilities and Telecommunications has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 604 Do Pass, by Substitute HR 399 Do Pass

Respectfully submitted, /s/ Lucas of the 105th
Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

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JOURNAL OF THE HOUSE

Mr. Speaker:

Your Committee on State Planning and Community Affairs - 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 750 Do Pass HB 754 Do Pass HB 756 Do Pass

HB 764 Do Pass HB 765 Do Pass HB 768 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

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

HOUSE RULES CALENDAR THURSDAY, MARCH 27, 2003

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 30th Legislative Day as enumerated below:

HB 183 HB 290 HB 320 HB 372
HB 433 HB 444 HB 462
HB 492 HB 506
HB 527 HB 621

Tattooing near the eye; prohibition; expand exception Ad valorem tax; certain use assessment; riverside or streamside land Education; Certified School Social Worker Specialists; salary increase County and municipal hospital authorities; certain financial aid; critical personnel shortages Day-care facilities; licensing; liability insurance required Lake Oconee; prohibit certain boats Sexual exploitation of children; computer pornography; obscene Internet contact with child Income tax credit; certain headquarters; creation of full-time jobs Manufactured homes/mobile homes; certificate of permanent location; provide Ad valorem tax exemption; farm equipment in inventory for resale State Financing and Investment Commission and Environmental Facilities Authority; amend

THURSDAY, MARCH 27, 2003

1635

HR 92

Blackstock, Ms. Mavis; compensate

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

Respectfully submitted, /s/ Smyre of the 111th
Chairman

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 750. By Representatives Lunsford of the 85th, Post 2, Greene-Johnson of the 60th, Post 3, Stephenson of the 60th, Post 1, Watson of the 60th, Post 2, Yates of the 85th, Post 1 and others:
A BILL to amend an Act creating a new charter for the City of Stockbridge, so as to revise certain provisions relating to membership of elected officials on boards, commissions, and authorities; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 756. By Representatives DeLoach of the 127th, Mosley of the 129th, Post 1, Smith of the 129th, Post 2, Barnard of the 121st, Post 1, Oliver of the 121st, Post 2 and others:
A BILL to create a board of elections and registration for Liberty County and provide for its powers and duties; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 1.

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JOURNAL OF THE HOUSE

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

HB 764. By Representatives Benfield of the 56th, Post 1, Mobley of the 58th, Mangham of the 62nd, Stephenson of the 60th, Post 1, Mitchell of the 61st, Post 3 and others:
A BILL to amend an Act creating and establishing the recorder's court of DeKalb County, so as to repeal a certain provision that allows a person arrested for violation of a county ordinance to make a cash deposit with the county Chief of Police in lieu of bond; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 768. By Representative Skipper of the 116th:
A BILL to amend an Act to reconstitute the Board of Education of Marion County, so as to change the description of the education districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 765. By Representative Smith of the 110th:
A BILL to amend an Act reconstituting the Board of Education of Harris County, so as to correct technical errors and omissions in 2002 amendatory Acts; to provide that members of the board shall be nominated and elected in accordance with the Georgia Election Code in nonpartisan primaries and elections; to ratify and confirm, to the maximum extent possible, any election

THURSDAY, MARCH 27, 2003

1637

previously held in conformity with the provisions of this Act; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe N Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs
Bordeaux Y Borders N Bridges N Brock
Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell N Casas Y Chambers Y Channell
Childers Y Coan Y Coleman, B N Cooper Y Crawford
Cummings

N Day Y Dean Y Deloach
Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner Y Golick Y Graves, D N Graves, T Y Greene Y Greene-Johnson
Hanner Y Harbin N Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall N Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines
Holmes Y Houston Y Howard N Howell Y Hudson Y Hugley Y Jackson Y James
Jamieson Y Jenkins Y Jones
Jordan Joyce Y Keen N Knox Y Lane Y Lewis Lord Y Lucas Y Lunsford Y Maddox Y Mangham N Manning Y Marin N Martin Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby
Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M
O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall
Ray Reece, B N Reece, S N Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B N Smith, L
Smith, P Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson N Westmoreland Y White N Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Coleman, Speaker

On the passage of the Bill, the ayes were 130, nays 27. The Bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE

HB 754. By Representatives Ralston of the 6th, Murphy of the 14th, Post 2 and Knox of the 14th, Post 1:
A BILL to provide a homestead exemption from Dawson County ad valorem taxes for county purposes and Dawson County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 to 74 years of age and who have household incomes not exceeding $25,000.00; to provide a homestead exemption from such taxes for the full value of such homestead for certain residents of that school district who are 75 years of age or older and who have household incomes not exceeding $25,000,00; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K

Y Hill, C.A Y Hill, V Y Hines
Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin
Massey Y Maxwell Y McBee

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A
Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A

Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

THURSDAY, MARCH 27, 2003

Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

1639
Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 174, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 45. By Senators Clay of the 37th, Tanksley of the 32nd and Hamrick of the 30th:
A BILL to be entitled an Act to amend Article 7 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demands for trial, so as to require that a demand for trial be served on the judge assigned to hear such case; to specify when a demand for trial shall expire; to provide for the procedures subsequent to appeal; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 47. By Senators Clay of the 37th and Hamrick of the 30th:
A BILL to be entitled an Act to amend Code Section 42-9-42 of the Official Code of Georgia Annotated, relating to the procedure for granting relief from sentence, conditions and prerequisites, and violation of parole, so as to provide that the written decision of the Board of Pardons and Paroles in each case shall be made public; to repeal conflicting laws; and for other purposes.
SB 51. By Senators Shafer of the 48th, Price of the 56th, Johnson of the 1st, Hooks of the 14th, Tate of the 38th and others:
A BILL to be entitled an Act to amend Code Section 16-12-100.2 of the Official Code of Georgia Annotated, known as the "Computer Pornography

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JOURNAL OF THE HOUSE

and Child Exploitation Prevention Act of 1999," so as to change the penalty for certain unlawful acts in violation of such Code section; to repeal conflicting laws; and for other purposes.
SB 52. By Senators Shafer of the 48th, Price of the 56th, Johnson of the 1st, Hooks of the 14th, Tate of the 38th and others:
A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to condition funding for computers with Internet access in schools on adoption of Internet safety policies; to condition funding for computers with Internet access in public libraries on adoption of Internet safety policies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 55. By Senators Thomas of the 2nd, Squires of the 5th, Dean of the 31st and Thomas of the 54th:
A BILL to be entitled an Act to amend Code Section 15-11-103 of the O.C.G.A., relating to placement of a child following an order terminating parental rights, custodial authority, and review of placement, so as to correct the name of the Office of Adoptions; to amend Chapter 8 of Title 19 of the O.C.G.A., relating to adoption, so as to change the provisions relating to access to records; to correct the name of the Office of Adoptions; to change the provisions relating to contents and furnishing of records and reports; to provide for adoption by a childs great-grandparent; to amend Chapter 10 of Title 31 of the O.C.G.A., relating to vital records; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 80. By Senators Clay of the 37th, Tanksley of the 32nd, Smith of the 52nd and Harp of the 16th:
A BILL to be entitled an Act to amend Part 3 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction and venue of juvenile court proceedings, so as to provide juvenile court jurisdiction to order temporary child support for a deprived child; to provide for matters related to payment of child support and custody; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 81. By Senators Jackson of the 50th, Mullis of the 53rd, Thomas of the 54th, Smith of the 25th, Blitch of the 7th and others:
A BILL to be entitled an Act to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to

THURSDAY, MARCH 27, 2003

1641

create the Georgia Emergency Medical Services Medical Directors Advisory Council; to provide for duties of such council; to provide for appointment of members of such council; to provide for rules and regulations or policies governing such council; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 82. By Senators Thompson of the 33rd, Meyer von Bremen of the 12th, Hooks of the 14th, Brown of the 26th, Starr of the 44th and others:
A BILL to be entitled an Act to amend Code Section 21-5-33 of the Official Code of Georgia Annotated, relating to disposition of campaign contributions, so as to provide that a candidate or public officer may donate excess campaign contributions to the state or a political subdivision of the state to defray all or part of the cost of conducting an election for the office for which such campaign funds were donated; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 101. By Senators Adelman of the 42nd, Tanksley of the 32nd, Reed of the 35th, Hamrick of the 30th, Kemp of the 3rd and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions, so as to provide that persons required to register under Code Section 42-1-12 as a result of a conviction of a crime against minors or of sexual violence or as a result of having been declared a sexually violent predator shall not reside within a certain proximity to schools and areas where minors congregate; to provide definitions; to provide for related matters; to provide for penalties; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 104. By Senators Tanksley of the 32nd, Thompson of the 33rd, Balfour of the 9th and Kemp of the 3rd:
A BILL to be entitled an Act to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to deposit account fraud, so as to increase the maximum service charge; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 105. By Senators Tanksley of the 32nd, Thompson of the 33rd, Balfour of the 9th and Kemp of the 3rd:
A BILL to be entitled an Act to amend Code Section 13-6-15 of the Official Code of Georgia Annotated, relating to damages for writing bad checks, so as to increase the maximum service charge; to change provisions relating to

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mailing; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 108. By Senators Stephens of the 51st, Lee of the 29th and Crotts of the 17th:
A BILL to be entitled an Act to amend Chapter 10 of Title 45 of the O.C.G.A., relating to codes of ethics and conflicts of interest, so as to provide for comprehensive revision of provisions regarding ethics and conflicts of interest; to change certain provisions establishing a code of ethics for government service; to change certain provisions establishing a code of ethics for members of boards, commissions, and authorities; to provide for recusal in certain proceedings; to provide for powers, duties, and authority of the State Ethics Commission and the Attorney General; to provide for civil and criminal penalties; to provide for restrictions with respect to lobbying; to provide for restrictions with respect to nepotism; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 113. By Senators Kemp of the 46th, Tolleson of the 18th, Zamarripa of the 36th, Smith of the 52nd, Hall of the 22nd and others:
A BILL to be entitled an Act 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 that are not required to be open to the public; to provide that certain requests for records be required to be in writing; to change certain provisions relating to exceptions from the requirements of disclosure of public records; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 116. By Senators Hamrick of the 30th, Clay of the 37th, Mullis of the 53rd and Smith of the 52nd:
A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for the regulation of discovery and inspection in juvenile cases; to provide for conditions, limitations, and procedures with respect thereto; to provide for 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.

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SB 132. By Senators Squires of the 5th, Tanksley of the 32nd, Meyer von Bremen of the 12th and Clay of the 37th:
A BILL to be entitled an Act to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change certain provisions relating to reservation of names and filing fees for corporations, nonprofit corporations, limited partnerships, and limited liability companies; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 147. By Senators Adelman of the 42nd, Collins of the 6th, Stokes of the 43rd, Unterman of the 45th, Stephens of the 51st and others:
A BILL to be entitled an Act to amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to provide for penalties for disclosing, publishing, or disseminating the location of a family violence shelter; to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to require telephone companies to file plans with the Georgia Public Service Commission to provide for the confidentiality of family violence shelter locations; to provide for review of such plans; to provide for sanctions for the failure to file such plans; to provide a short title; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 148. By Senators Squires of the 5th and Clay of the 37th:
A BILL to be entitled an Act to amend Part 6 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to deprivation, so as to change and reorganize provisions relating to allegedly deprived children; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 161. By Senators Seabaugh of the 28th, Cagle of the 49th, Lamutt of the 21st, Hall of the 22nd and Shafer of the 48th:
A BILL to be entitled an Act to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and review and appeal of assessments, so as to eliminate the limitation of the amount of interest which shall be paid to a taxpayer under certain circumstances; to repeal conflicting laws; and for other purposes.
SB 168. By Senators Lee of the 29th, Stephens of the 51st and Crotts of the 17th:

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A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, and Title 45 of the Official Code of Georgia Annotated, relating to public officers, so as to provide for comprehensive ethics reforms; to change certain provisions regarding definitions; to change certain provisions regarding powers, duties, and responsibilities of the State Ethics Commission; to change certain provisions regarding initiation of certain complaints; to change certain provisions regarding connected organizations; to change certain provisions regarding contributions; to change certain provisions regarding disclosure reports; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 169. By Senators Mullis of the 53rd, Bowen of the 13th, Price of the 56th, Johnson of the 1st, Cagle of the 49th and others:
A BILL to be entitled an Act to amend Title 25 of the O.C.G.A., relating to fire protection and safety, so as to change certain provisions relating to general requirements, equipment and clothing, personnel, and insurance relative to fire departments; to change certain provisions relating to suspension or revocation of certificate of compliance; to change certain provisions relating to definitions relative to firefighter standards and training; to change certain provisions relating to the Georgia Firefighter Standards and Training Council; to provide for an executive director of the Georgia Firefighter Standards and Training Council; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 173. By Senator Williams of the 19th:
A BILL to be entitled an Act to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic, so as to provide for the disclosure of information to governmental agencies; to provide for the addition and modification of certain definitions; to provide for certain prohibitions against the operation of a commercial motor vehicle; to provide for an additional endorsement for a commercial drivers license; to provide for additional investigation of applicants for commercial drivers licenses; to provide for additional disqualifications from operating a commercial motor vehicle; to correct a reference; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 174. By Senators Meyer von Bremen of the 12th and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Article 4 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to damages in tort actions, so

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as to change provisions relating to prerequisites for transfer of structured settlement payment rights; to provide for court filings; to provide for hearings relative to transfers; to change provisions relating to notification of cancellation rights; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 178. By Senators Clay of the 37th, Hamrick of the 30th and Thomas of the 2nd:
A BILL to be entitled an Act to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of certain persons under the Quality Basic Education Act, so as to provide for salary increases for certain persons credentialed as National Certified School Counselors; to repeal conflicting laws; and for other purposes.
SB 183. By Senators Harp of the 16th, Bulloch of the 11th, Hudgens of the 47th and Gillis of the 20th:
A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to control of infectious or contagious diseases in livestock, so as to change certain provisions relating to notices and reporting required for certain diseases; to prohibit knowingly introducing into this state certain animal diseases, syndromes, chemicals, poisons, or toxins; to require reports of certain diseases, syndromes, conditions, or acts related thereto; to provide punishments for certain violations; to repeal conflicting laws; and for other purposes.
SB 192. By Senators Thomas of the 2nd, Squires of the 5th, Dean of the 31st and Thomas of the 54th:
A BILL to be entitled an Act to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to change the provisions relating to access to records; to correct the name of the Office of Adoptions; to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to change the provisions relating to the contents of certificates and to reports and records; to change provisions relating to practices and procedures; to provide for receipt of a copy of his or her original birth certificate by an adopted person in certain circumstances; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 214. By Senators Mullis of the 53rd, Hamrick of the 30th and Price of the 56th:

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A BILL to be entitled an Act to amend Code Section 45-16-45 of the Official Code of Georgia Annotated, relating to authority of coroners and medical examiners to disinter bodies, so as to provide that the chief medical examiner of the Division of Forensic Sciences of the Georgia Bureau of Investigation and district attorneys shall have the authority to disinter bodies under certain circumstances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 255. By Senators Kemp of the 46th, Clay of the 37th, Hill of the 4th, Golden of the 8th and Hudgens of the 47th:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to public officials and employees doing business with the state, so as to provide a limited exception to the general prohibition against doing business with the state for certain employees of the University System of Georgia; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

SB 45.

By Senators Clay of the 37th, Tanksley of the 32nd and Hamrick of the 30th:
A BILL to be entitled an Act to amend Article 7 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demands for trial, so as to require that a demand for trial be served on the judge assigned to hear such case; to specify when a demand for trial shall expire; to provide for the procedures subsequent to appeal; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 47.

By Senators Clay of the 37th and Hamrick of the 30th:
A BILL to be entitled an Act to amend Code Section 42-9-42 of the Official Code of Georgia Annotated, relating to the procedure for granting relief from sentence, conditions and prerequisites, and violation of parole, so as to

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provide that the written decision of the Board of Pardons and Paroles in each case shall be made public; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Institutions & Property.

SB 51.

By Senators Shafer of the 48th, Price of the 56th, Johnson of the 1st, Hooks of the 14th, Tate of the 38th and others:
A BILL to be entitled an Act to amend Code Section 16-12-100.2 of the Official Code of Georgia Annotated, known as the "Computer Pornography and Child Exploitation Prevention Act of 1999," so as to change the penalty for certain unlawful acts in violation of such Code section; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Judiciary.

SB 52.

By Senators Shafer of the 48th, Price of the 56th, Johnson of the 1st, Hooks of the 14th, Tate of the 38th and others:
A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to condition funding for computers with Internet access in schools on adoption of Internet safety policies; to condition funding for computers with Internet access in public libraries on adoption of Internet safety policies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

SB 55.

By Senators Thomas of the 2nd, Squires of the 5th, Dean of the 31st and Thomas of the 54th:
A BILL to be entitled an Act to amend Code Section 15-11-103 of the O.C.G.A., relating to placement of a child following an order terminating parental rights, custodial authority, and review of placement, so as to correct the name of the Office of Adoptions; to amend Chapter 8 of Title 19 of the O.C.G.A., relating to adoption, so as to change the provisions relating to

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access to records; to correct the name of the Office of Adoptions; to change the provisions relating to contents and furnishing of records and reports; to provide for adoption by a childs great-grandparent; to amend Chapter 10 of Title 31 of the O.C.G.A., relating to vital records; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 80.

By Senators Clay of the 37th, Tanksley of the 32nd, Smith of the 52nd and Harp of the 16th:
A BILL to be entitled an Act to amend Part 3 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction and venue of juvenile court proceedings, so as to provide juvenile court jurisdiction to order temporary child support for a deprived child; to provide for matters related to payment of child support and custody; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 81.

By Senators Jackson of the 50th, Mullis of the 53rd, Thomas of the 54th, Smith of the 25th, Blitch of the 7th and others:
A BILL to be entitled an Act to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to create the Georgia Emergency Medical Services Medical Directors Advisory Council; to provide for duties of such council; to provide for appointment of members of such council; to provide for rules and regulations or policies governing such council; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health and Human Services.

SB 82.

By Senators Thompson of the 33rd, Meyer von Bremen of the 12th, Hooks of the 14th, Brown of the 26th, Starr of the 44th and others:
A BILL to be entitled an Act to amend Code Section 21-5-33 of the Official

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Code of Georgia Annotated, relating to disposition of campaign contributions, so as to provide that a candidate or public officer may donate excess campaign contributions to the state or a political subdivision of the state to defray all or part of the cost of conducting an election for the office for which such campaign funds were donated; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Rules.

SB 101. By Senators Adelman of the 42nd, Tanksley of the 32nd, Reed of the 35th, Hamrick of the 30th, Kemp of the 3rd and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions, so as to provide that persons required to register under Code Section 42-1-12 as a result of a conviction of a crime against minors or of sexual violence or as a result of having been declared a sexually violent predator shall not reside within a certain proximity to schools and areas where minors congregate; to provide definitions; to provide for related matters; to provide for penalties; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Judiciary.

SB 104. By Senators Tanksley of the 32nd, Thompson of the 33rd, Balfour of the 9th and Kemp of the 3rd:
A BILL to be entitled an Act to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to deposit account fraud, so as to increase the maximum service charge; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Banks and Banking.

SB 105. By Senators Tanksley of the 32nd, Thompson of the 33rd, Balfour of the 9th and Kemp of the 3rd:
A BILL to be entitled an Act to amend Code Section 13-6-15 of the Official

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Code of Georgia Annotated, relating to damages for writing bad checks, so as to increase the maximum service charge; to change provisions relating to mailing; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Banks and Banking.

SB 108. By Senators Stephens of the 51st, Lee of the 29th and Crotts of the 17th:
A BILL to be entitled an Act to amend Chapter 10 of Title 45 of the O.C.G.A., relating to codes of ethics and conflicts of interest, so as to provide for comprehensive revision of provisions regarding ethics and conflicts of interest; to change certain provisions establishing a code of ethics for government service; to change certain provisions establishing a code of ethics for members of boards, commissions, and authorities; to provide for recusal in certain proceedings; to provide for powers, duties, and authority of the State Ethics Commission and the Attorney General; to provide for civil and criminal penalties; to provide for restrictions with respect to lobbying; to provide for restrictions with respect to nepotism; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 113. By Senators Kemp of the 46th, Tolleson of the 18th, Zamarripa of the 36th, Smith of the 52nd, Hall of the 22nd and others:
A BILL to be entitled an Act 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 that are not required to be open to the public; to provide that certain requests for records be required to be in writing; to change certain provisions relating to exceptions from the requirements of disclosure of public records; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 116. By Senators Hamrick of the 30th, Clay of the 37th, Mullis of the 53rd and Smith of the 52nd:

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A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for the regulation of discovery and inspection in juvenile cases; to provide for conditions, limitations, and procedures with respect thereto; to provide for 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.

Referred to the Committee on Judiciary.

SB 132. By Senators Squires of the 5th, Tanksley of the 32nd, Meyer von Bremen of the 12th and Clay of the 37th:
A BILL to be entitled an Act to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change certain provisions relating to reservation of names and filing fees for corporations, nonprofit corporations, limited partnerships, and limited liability companies; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 147. By Senators Adelman of the 42nd, Collins of the 6th, Stokes of the 43rd, Unterman of the 45th, Stephens of the 51st and others:
A BILL to be entitled an Act to amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to provide for penalties for disclosing, publishing, or disseminating the location of a family violence shelter; to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to require telephone companies to file plans with the Georgia Public Service Commission to provide for the confidentiality of family violence shelter locations; to provide for review of such plans; to provide for sanctions for the failure to file such plans; to provide a short title; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Special Judiciary.

SB 148. By Senators Squires of the 5th and Clay of the 37th:
A BILL to be entitled an Act to amend Part 6 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to deprivation, so as to change and reorganize provisions relating to allegedly deprived children; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 161. By Senators Seabaugh of the 28th, Cagle of the 49th, Lamutt of the 21st, Hall of the 22nd and Shafer of the 48th:
A BILL to be entitled an Act to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and review and appeal of assessments, so as to eliminate the limitation of the amount of interest which shall be paid to a taxpayer under certain circumstances; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

SB 168. By Senators Lee of the 29th, Stephens of the 51st and Crotts of the 17th:
A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, and Title 45 of the Official Code of Georgia Annotated, relating to public officers, so as to provide for comprehensive ethics reforms; to change certain provisions regarding definitions; to change certain provisions regarding powers, duties, and responsibilities of the State Ethics Commission; to change certain provisions regarding initiation of certain complaints; to change certain provisions regarding connected organizations; to change certain provisions regarding contributions; to change certain provisions regarding disclosure reports; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 27, 2003 Referred to the Committee on Rules.

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SB 169. By Senators Mullis of the 53rd, Bowen of the 13th, Price of the 56th, Johnson of the 1st, Cagle of the 49th and others:
A BILL to be entitled an Act to amend Title 25 of the O.C.G.A., relating to fire protection and safety, so as to change certain provisions relating to general requirements, equipment and clothing, personnel, and insurance relative to fire departments; to change certain provisions relating to suspension or revocation of certificate of compliance; to change certain provisions relating to definitions relative to firefighter standards and training; to change certain provisions relating to the Georgia Firefighter Standards and Training Council; to provide for an executive director of the Georgia Firefighter Standards and Training Council; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety.

SB 173. By Senator Williams of the 19th:
A BILL to be entitled an Act to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic, so as to provide for the disclosure of information to governmental agencies; to provide for the addition and modification of certain definitions; to provide for certain prohibitions against the operation of a commercial motor vehicle; to provide for an additional endorsement for a commercial drivers license; to provide for additional investigation of applicants for commercial drivers licenses; to provide for additional disqualifications from operating a commercial motor vehicle; to correct a reference; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

SB 174. By Senators Meyer von Bremen of the 12th and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Article 4 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to damages in tort actions, so as to change provisions relating to prerequisites for transfer of structured

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settlement payment rights; to provide for court filings; to provide for hearings relative to transfers; to change provisions relating to notification of cancellation rights; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 178. By Senators Clay of the 37th, Hamrick of the 30th and Thomas of the 2nd:
A BILL to be entitled an Act to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of certain persons under the Quality Basic Education Act, so as to provide for salary increases for certain persons credentialed as National Certified School Counselors; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

SB 183. By Senators Harp of the 16th, Bulloch of the 11th, Hudgens of the 47th and Gillis of the 20th:
A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to control of infectious or contagious diseases in livestock, so as to change certain provisions relating to notices and reporting required for certain diseases; to prohibit knowingly introducing into this state certain animal diseases, syndromes, chemicals, poisons, or toxins; to require reports of certain diseases, syndromes, conditions, or acts related thereto; to provide punishments for certain violations; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

SB 192. By Senators Thomas of the 2nd, Squires of the 5th, Dean of the 31st and Thomas of the 54th:
A BILL to be entitled an Act to amend Chapter 8 of Title 19 of the Official

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Code of Georgia Annotated, relating to adoption, so as to change the provisions relating to access to records; to correct the name of the Office of Adoptions; to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to change the provisions relating to the contents of certificates and to reports and records; to change provisions relating to practices and procedures; to provide for receipt of a copy of his or her original birth certificate by an adopted person in certain circumstances; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 214. By Senators Mullis of the 53rd, Hamrick of the 30th and Price of the 56th:
A BILL to be entitled an Act to amend Code Section 45-16-45 of the Official Code of Georgia Annotated, relating to authority of coroners and medical examiners to disinter bodies, so as to provide that the chief medical examiner of the Division of Forensic Sciences of the Georgia Bureau of Investigation and district attorneys shall have the authority to disinter bodies under certain circumstances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Judiciary.

SB 255. By Senators Kemp of the 46th, Clay of the 37th, Hill of the 4th, Golden of the 8th and Hudgens of the 47th:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to public officials and employees doing business with the state, so as to provide a limited exception to the general prohibition against doing business with the state for certain employees of the University System of Georgia; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Higher Education.

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Representative Richardson of the 26th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 379. By Representatives Richardson of the 26th, O`Neal of the 117th and Massey of the 24th:

A BILL to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, so as to provide for an excise tax with respect to loose or smokeless tobacco; to increase such tax with respect to little cigars, other cigars, and cigarettes; to change certain definitions; to change certain provisions regarding excise taxes; to provide for collection and remittance of an additional tax; to provide for criminal penalties; and for other purposes.

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

Y Amerson N Anderson Y Ashe Y Bannister Y Barnard Y Barnes N Beasley-Teague Y Benfield Y Birdsong N Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown N Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas N Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart N Elrod
Epps Y Fleming Y Floyd, H Y Floyd, J N Fludd N Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene N Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K N Heath Y Heckstall Y Hembree

Y Hill, C.A Y Hill, V Y Hines Y Holmes N Houston N Howard Y Howell Y Hudson Y Hugley N Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan N Joyce Y Keen Y Knox Y Lane Y Lewis N Lord N Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee N McCall Y McClinton Y Millar

Y Mobley Y Moraitakis N Morris Y Mosby Y Mosley Y Murphy, J N Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter N Powell Y Purcell Y Ralston N Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J N Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw

Y Sims N Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner N Stephens, E Y Stephens, R Y Stephenson N Stokes
Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs
Walker, L Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix

Y Crawford Y Cummings

THURSDAY, MARCH 27, 2003

Y Henson Y Hill, C

Y Mills Y Mitchell

Y Sheldon Y Sholar

On the motion, the ayes were 144, nays 29. The motion prevailed.

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Y Yates Coleman, Speaker

Representative Douglas of the 73rd arose to a point of personal privilege and addressed the House.

Representative Rogers of the 20th arose to a point of personal privilege and addressed the House.

Representative Purcell of the 122nd arose to a point of personal privilege and addressed the House.

Representative Williams of the 128th arose to a point of personal privilege and addressed the House.

Representative Stephens of the 124th, Post 2 arose to a point of personal privilege and addressed the House.

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

HB 621. By Representatives Buck of the 112th, Coleman of the 118th, Parrish of the 102nd and Channell of the 77th:
A BILL to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change certain provisions regarding the Georgia State Financing and Investment Commission and the Georgia Environmental Facilities Authority; to change certain provisions regarding authorized investments; and for other purposes.

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

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

Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford
Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley
Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray
Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C E Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson
Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 170, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 372. By Representatives Dodson of the 84th, Post 1, Buckner of the 109th, Mosby of the 59th, Post 3 and Stephenson of the 60th, Post 1:

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A BILL to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to provide for financial assistance to students, postgraduate trainees, or the parents of such for programs of study in fields in which critical personnel shortages exist in the authority's service area; and for other purposes.

The report of the Committee, which was favorable to the 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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley
Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Gardner Y Golick Y Graves, D
Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis
Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray
Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C E Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T
Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson
Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 169, nays 1.

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

Representative Graves of the 10th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 527. By Representative Sims of the 130th:
A BILL to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the ad valorem taxation of motor vehicles and mobile homes, so as to provide that farm equipment held in inventory for resale shall be exempt from taxation; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J

Y Hill, C.A Y Hill, V Y Hines
Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C E Rogers, Ch. Y Royal

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A
Thomas, A.M Y Thompson Y Twiggs E Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard

Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

THURSDAY, MARCH 27, 2003

Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

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Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 173, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HR 92.

By Representative Bridges of the 7th:
A RESOLUTION compensating Ms. Mavis Blackstock; and for other purposes.

The following Committee substitute was read and adopted:

A RESOLUTION
Compensating Ms. Mavis Blackstock; and for other purposes.
WHEREAS, Ms. Mavis Blackstock, a resident of Cleveland, Georgia, was employed in 2001 as a mental health counselor for the Department of Corrections at the Lee Arrendale State Prison in Alto, Georgia; and
WHEREAS, on August 29, 2001, while providing counseling services to an inmate, Ms. Blackstock was severely physically assaulted by such inmate; and
WHEREAS, as a result of such physical assault, Ms. Blackstock incurred ongoing physical and emotional injuries and trauma; and
WHEREAS, such losses occurred through no fault or negligence whatsoever on the part of Ms. Blackstock, and it is only fitting and proper that she be compensated for her losses.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Corrections is authorized and directed to pay the sum of $125,000.00, to be paid over a period of three years, to Ms. Mavis Blackstock as compensation as provided above. Said sum shall be paid from funds appropriated to or

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available to said Department of Corrections and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean Deloach Dix
Y Dodson N Dollar Y Dooley Y Douglas Y Drenner Y Dukes N Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd
Forster Y Franklin Y Gardner Y Golick
Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee
McCall Y McClinton
Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter
Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L
Rogers, C E Rogers, Ch. Y Royal N Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs E Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland N White Y Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R
Wix Y Yates
Coleman, Speaker

On the adoption of the Resolution, by substitute, the ayes were 158, nays 7. The Resolution, having received the requisite constitutional majority, was adopted, by

substitute.

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1663

HB 183. By Representative Borders of the 142nd:
A BILL to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to expand the exception to the misdemeanor of tattooing near the eye when performed by an osteopath or a technician under the supervision of a licensed physician or osteopath; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to expand the exception to the misdemeanor of tattooing near the eye when performed by an osteopath or a person under the general supervision of a licensed physician or osteopath who is within a certain location at the time of the procedure; to establish a misdemeanor offense of a high and aggravated nature for subsequent violations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, is amended by striking Code Section 16-12-5, relating to tattooing any person near his or her eye, in its entirety and inserting in its place the following:
"16-12-5. (a) As used in this Code section, the term 'tattoo' means to mark or color the skin of any person by pricking in, inserting, or implanting pigments, except when performed by a physician licensed as such pursuant to Chapter 34 of Title 43. (b) It shall be unlawful for any person, except a physician or osteopath licensed under Chapter 34 of Title 43 or a person acting under the general supervision of such licensed physician or osteopath who is located within the facility or an adjacent facility where the procedure is being performed at the time the procedure is being performed, to tattoo the body of any person within any area within one inch of the nearest part of the eye socket of such person. Any person who violates this Code section shall be guilty of a misdemeanor for a first offense and shall, upon a subsequent violation, be guilty of a

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misdemeanor of a high and aggravated nature."
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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

N Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar N Dooley Y Douglas Y Drenner
Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall N McClinton Y Millar Y Mills Y Mitchell

Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J
Murphy, Q Y Noel Y Oliver, B Y Oliver, M
O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L
Rogers, C E Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs E Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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On the passage of the Bill, by substitute, the ayes were 166, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Stephens of the 123rd stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The Speaker announced the House in recess until 2:00 o'clock this afternoon.

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The Speaker called the House to order.

The Speaker Pro Tem assumed the Chair.

The following Resolutions of the House were read and adopted:

HR 567. By Representative Mangham of the 62nd:
A RESOLUTION designating March 24, 2003, as Faith Collaboration Day in Georgia; and for other purposes.

HR 568. By Representatives Wix of the 33rd, Post 1, Smyre of the 111th, Coleman of the 118th, Porter of the 119th, Skipper of the 116th and others:
A RESOLUTION honoring Roy E. Barnes as the recipient of the 2003 John F. Kennedy Profiles in Courage Award; and for other purposes.

HR 569. By Representatives Drenner of the 57th, Benfield of the 56th, Post 1, Henson of the 55th and Mobley of the 58th:
A RESOLUTION commending BP Amoco, Exxon, and Chevron for requiring signs to be posted on gas pumps prohibiting the use of cell phones during fueling; and for other purposes.

HR 570. By Representative Ehrhart of the 28th:
A RESOLUTION honoring Kemp Elementary School; and for other purposes.

HR 571. By Representatives Coleman of the 118th, Purcell of the 122nd, Greene of the 134th, DeLoach of the 127th, Morris of the 120th and others:
A RESOLUTION commending and expressing appreciation to Prime

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Minister Anders Rasmussen of Denmark and the people of his nation for their contributions in coalition with the efforts of armed forces of the United States in the current conflict with Iraq; and for other purposes.

HR 572. By Representatives Coleman of the 118th, Purcell of the 122nd, Greene of the 134th, DeLoach of the 127th, Morris of the 120th and others:
A RESOLUTION commending and expressing appreciation to various foreign leaders and the peoples of their nations for joining in coalition with the efforts of the United States in relation to the current conflict with Iraq; and for other purposes.

HR 573. By Representatives Coleman of the 118th, Purcell of the 122nd, Greene of the 134th, DeLoach of the 127th, Morris of the 120th and others:
A RESOLUTION commending and expressing appreciation to Prime Minister John Howard of Australia and the people of his nation for their contributions in coalition with the efforts of armed forces of the United States in the current conflict with Iraq; and for other purposes.

HR 574. By Representative Bruce of the 45th:
A RESOLUTION commending Quality Living Services, Inc.; and for other purposes.

HR 575. By Representative Maddox of the 59th, Post 2:
A RESOLUTION congratulating the Atlanta Platinum Chapter of the Atlanta Business Women's Association on its third anniversary; and for other purposes.

HR 576. By Representative Hill of the 16th: A RESOLUTION commending William Edwin Carlan; and for other purposes.
HR 577. By Representatives Skipper of the 116th, Porter of the 119th, Buck of the 112th and Coleman of the 118th:

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HR 578. By Representatives Skipper of the 116th, Porter of the 119th, Buck of the 112th and Coleman of the 118th:
Commending Barbara Kitchens; and for other purposes.

HR 579. By Representatives Butler of the 88th, Post 1, Harper of the 88th, Post 2, Smith of the 87th and Maxwell of the 27th:
Commending Mr. Bob Stone; and for other purposes.

HR 580. By Representatives Butler of the 88th, Post 1, Harper of the 88th, Post 2, Smith of the 87th and Maxwell of the 27th:
Commending Systems & Methods, Incorporated; and for other purposes.

HR 581. By Representatives Childers of the 13th, Post 1, Smith of the 13th, Post 2, Reece of the 11th and Cummings of the 19th:
Commending the Georgia Kraft-Inland retirees; and for other purposes.

HR 582. By Representatives Coan of the 67th, Post 1 and Mills of the 67th, Post 2: Commending Alexander James Hall; and for other purposes.

HR 583. By Representatives Casas of the 68th, Dix of the 70th, Post 2, Bannister of the 70th, Post 1 and Heard of the 70th, Post 3:
A RESOLUTION commending the Parkview High School Panthers girls basketball team; and for other purposes.

HR 584. By Representatives Parsons of the 29th, Dooley of the 33rd, Post 3 and Smith of the 87th:
A RESOLUTION honoring the Catholic Church for the Transfiguration of

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Our Lord for 25 years of faithful Christian service; and for other purposes.

HR 585. By Representatives Porter of the 119th and Coleman of the 118th:
A RESOLUTION commending the heroic actions of J. B. Taylor; and for other purposes.

HR 586. By Representative Childers of the 13th, Post 1:
A RESOLUTION recognizing the Celanese Village Kids; and for other purposes.

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

HB 506. By Representatives Lunsford of the 85th, Post 2, Boggs of the 145th, Sims of the 130th, Keen of the 146th, Skipper of the 116th and others:
A BILL to amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built structures, so as to provide for record ownership of manufactured homes and mobile homes and their status as personal or real property; to provide how such homes may be converted from personal property to real property and vice versa; to provide for filings with the commissioner of motor vehicle safety and the clerk of superior court and the practice and procedure in connection with such filings; to provide for related matters; to repeal Code Section 40-3-31.1 of the Official Code of Georgia Annotated, relating to replacement certificates of title for mobile homes; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built structures, so as to provide for record ownership of manufactured homes and mobile homes and their status as personal or real property; to provide how such homes may be converted from personal property to real property and vice versa; to

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provide for filings with the commissioner of motor vehicle safety and the clerk of superior court and the practice and procedure in connection with such filings; to provide for the crime of unauthorized removal of a home which has been converted to real property and prescribe a penalty; to provide for the destruction of homes; to provide for related matters; to repeal Code Section 40-3-31.1 of the Official Code of Georgia Annotated, relating to replacement certificates of title for mobile homes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built structures, is amended by adding a new Part 4 to read as follows:
"Part 4 Subpart 1
8-2-180. As used in this part, the term:
(1) 'Clerk of superior court' means the clerk of the superior court of the county in which the property to which the home is or is to be affixed is located. (2) 'Commissioner of motor vehicle safety' includes any county tax commissioner when so authorized by the commissioner of motor vehicle safety to act on his or her behalf in carrying out the responsibilities of this part. (3) 'Home' means a manufactured home or mobile home. (4) 'Manufactured home' has the meaning specified in paragraph (4) of Code Section 8-2-160. (5) 'Mobile home' has the meaning specified in paragraph (6) of Code Section 8-2160.
8-2-181. (a) A manufactured home or mobile home shall constitute personal property and shall be subject to the 'Motor Vehicle Certificate of Title Act,' Chapter 3 of Title 40, until such time as the home is converted to real property as provided for in this part. (b) A manufactured home or mobile home shall become real property if:
(1) The home is or is to be permanently affixed on real property and one or more persons with an ownership interest in the home also has an ownership interest in such real property; and (2) The owner of the home and the holders of all security interests therein execute and file a Certificate of Permanent Location:
(A) In the real estate records of the county where the real property is located; and (B) With the commissioner of motor vehicle safety. (c) The Certificate of Permanent Location shall be in a form prescribed by the

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commissioner of motor vehicle safety and shall include: (1) The name and address of the owner of the home; (2) The names and addresses of the holders of any security interest in and of any lien upon the home; (3) The title number assigned to the home; (4) A description of the real estate on which the home is or is to be located, including the name of the owner and a reference by deed book and page number to the chain of title of such real property; and (5) Any other data the commissioner of motor vehicle safety prescribes.
8-2-182. (a) When a Certificate of Permanent Location is properly filed with the clerk of superior court, the clerk shall record such certificate in the same manner as other instruments affecting the real property described in the certificate and shall charge and collect the fees usually charged for recording deeds and other instruments relating to real estate. Such certificate shall be indexed under the name of the current owner of the real property in both the grantor and grantee indexes. The clerk shall provide the owner with a certified copy of the certificate, reflecting its filing, and shall charge and collect the fees usually charged for the provision of certified copies of documents relating to real estate. (b) Upon receipt of a certified copy of a properly executed Certificate of Permanent Location, along with the certificate of title, the commissioner of motor vehicle safety shall file and retain a copy of such certificate together with all other prior title records related to the home. When a properly executed certificate has once been filed, the commissioner of motor vehicle safety shall accept no further title filings with respect to that home, except as may be necessary to correct any errors in the departments records and except as provided in Subparts 2 and 3 of this part. (c) When a Certificate of Permanent Location is so filed, the commissioner of motor vehicle safety shall issue to the clerk of the superior court with whom the original Certificate of Permanent Location was filed confirmation by the commissioner of motor vehicle safety that the certificate has been so filed and the certificate of title has been surrendered. (d) Upon receipt of confirmation of the filing of the Certificate of Permanent Location from the commissioner of motor vehicle safety, the clerk of superior court shall provide a copy of the Certificate of Permanent Location to the appropriate board of tax assessors or such other local official as is responsible for the valuation of real property.
8-2-183. (a) When a Certificate of Permanent Location has been properly filed with the clerk of superior court, a certified copy thereof properly filed with the commissioner of motor vehicle safety, and the certificate of title is surrendered, the home shall become for all legal purposes a part of the real property on which it is located. Without limiting the generality of the foregoing, the home shall be subject to transfer by the owner of the

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real property, subject to any security interest in the real property and subject to foreclosure of any such interest, in the same manner as and together with the underlying real property. (b) When a home has become a part of the real property as provided in this part, it shall be unlawful for any person to remove such home from the real property except with the written consent of the owner of the real property and the holders of all security interests in the real property and in strict compliance with the requirements of Subpart 2 of this part. Any person who violates this subsection shall be guilty of a misdemeanor of a high and aggravated nature.
Subpart 2 8-2-184. (a) A home which has previously become real property shall become personal property if:
(1) The manufactured home or mobile home is or is to be removed from the real property with the written consent of the owner of the real property and the holders of all security interests therein; and (2) The owner of the real property and the holders of all security interests therein execute and file a Certificate of Removal from Permanent Location:
(A) With the commissioner of motor vehicle safety; and (B) In the real estate records of the county where the real property is located. (b) The Certificate of Removal from Permanent Location shall be in a form prescribed by the commissioner of motor vehicle safety and shall include: (1) The name and address of the owner; (2) The names and addresses of the holders of any security interest and of any lien; (3) The title number formerly assigned to the home; (4) A description of the real estate on which the home was previously located, including the name of the owner and a reference by deed book and page number to the recording of the former certificate of permanent location; and (5) Any other data the commissioner of motor vehicle safety prescribes.
8-2-185. (a) Upon receipt of a properly executed Certificate of Removal from Permanent Location, the commissioner of motor vehicle safety shall file and retain a copy of such certificate together with all other prior title records related to the home and may thereafter issue a new certificate of title for the home. The commissioner of motor vehicle safety shall charge and collect the fee otherwise prescribed by law for the issuance of a certificate of title. (b) When a Certificate of Removal from Permanent Location is so filed, the commissioner of motor vehicle safety shall return to the filing party the original of the certificate containing thereon confirmation by the commissioner of motor vehicle safety that the certificate has been so filed.

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8-2-186. (a) The clerk of superior court shall not accept a Certificate of Removal from Permanent Location for filing unless the certificate contains thereon the confirmation by the commissioner of motor vehicle safety that the certificate has been filed with the commissioner of motor vehicle safety. (b) When a Certificate of Removal from Permanent Location is properly filed with the clerk of superior court, the clerk shall record such certificate in the same manner as other instruments affecting the real property described in the certificate and shall charge and collect the fees usually charged for recording deeds and other instruments relating to real estate. Such certificate shall be indexed under the name of the current owner of the real property in both the grantor and grantee indexes.
Subpart 3 8-2-187. (a) When a home which has previously become real property has been or is to be destroyed, the owner of the real property and the holders of all security interests therein shall execute and file a Certificate of Destruction:
(1) With the commissioner of motor vehicle safety; and (2) In the real estate records of the county where the real property is located. (b) The Certificate of Destruction shall be in a form prescribed by the commissioner of motor vehicle safety and shall include: (1) The name and address of the owner; (2) The names and addresses of the holders of any security interest and of any lien; (3) The title number formerly assigned to the home; (4) A description of the real estate on which the home was previously located, including the name of the owner and a reference by deed book and page number to the recording of the former certificate of permanent location; (5) Verification of the destruction by a law enforcement officer; and (6) Any other data the commissioner of motor vehicle safety prescribes.
8-2-188. (a) Upon receipt of a properly executed Certificate of Destruction, the commissioner of motor vehicle safety shall file and retain a copy of such certificate together with all other prior title records related to the home. (b) When a Certificate of Destruction is so filed, the commissioner of motor vehicle safety shall issue to the filing party the original of the certificate containing thereon confirmation by the commissioner of motor vehicle safety that the certificate has been so filed.
8-2-189. (a) The clerk of superior court shall not accept a Certificate of Destruction for filing unless the certificate contains thereon the confirmation by the commissioner of motor vehicle safety that the certificate has been filed with the commissioner of motor vehicle

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safety. (b) When a certificate of destruction is properly filed with the clerk of superior court, the clerk shall record such certificate in the same manner as other instruments affecting the real property described in the certificate and shall charge and collect the fees usually charged for recording deeds and other instruments relating to real estate. Such certificate shall be indexed under the name of the current owner of the real property in both the grantor and grantee indexes.
Subpart 4 8-2-190. A manufactured or mobile home which constitutes real property shall not be subject to Article 10 of Chapter 5 of Title 48 but shall instead be taxed as real property and a part of the underlying real estate.
8-2-191. The commissioner of motor vehicle safety shall charge a fee of $18.00 for any filing under this part."
SECTION 2. Code Section 40-3-31.1, relating to replacement certificates of title for mobile homes, is repealed in its entirety.
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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong

Y Day Y Dean Y Deloach E Dix Y Dodson Y Dollar
Dooley Y Douglas Y Drenner

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley

Mobley Y Moraitakis Y Morris
Mosby Y Mosley Y Murphy, J Y Murphy, Q N Noel Y Oliver, B

E Sims Y Sinkfield Y Skipper
Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre

Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce
Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter E Burmeister Y Butler Y Campbell E Casas Y Chambers Y Channell Y Childers E Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

THURSDAY, MARCH 27, 2003

Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming E Floyd, H Y Floyd, J Y Fludd
Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson
Hanner Y Harbin Y Harper Y Harrell E Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan
Joyce Keen Y Knox Y Lane Y Lewis Y Lord Lucas Y Lunsford Y Maddox Y Mangham Manning Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall McClinton Y Millar Y Mills Y Mitchell

Y Oliver, M Y O'Neal Y Orrock
Parham Y Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray
Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C E Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw E Sheldon Y Sholar

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Y Snow Stanley-Turner
Y Stephens, E Y Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs E Walker, L
Walker, R.L Y Warren Y Watson
Westmoreland Y White
Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 145, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Forster of the 3rd, Post 1, Keen of the 146th, and Stanley-Turner of the 43rd, Post 2 stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 462. By Representatives Boggs of the 145th, Westmoreland of the 86th, Skipper of the 116th, Bordeaux of the 125th, Smith of the 129th, Post 2 and others:
A BILL to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to require a mandatory prison term; to include depiction of any portion of a minor's body part in the prohibition against sexual exploitation of children; to provide for and change certain penalties; to provide for definitions; to expand the definition of computer pornography; to create the crime of obscene Internet contact with a child; and

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JOURNAL OF THE HOUSE for other purposes.

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 change certain punishment relating to sexual battery; to include depiction of any portion of a minors body part in the prohibition against sexual exploitation of children; to provide for and change certain penalties; to provide for definitions; to expand the definition of computer pornography; to create the crime of obscene Internet contact with a child; to provide for limitations; 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 crimes and offenses, is amended by striking Code Section 16-6-22.1, relating to sexual battery, and inserting in lieu thereof the following:
"16-6-22.1. (a) For the purposes of this Code section, the term 'intimate parts' means the primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female. (b) A person commits the offense of sexual battery when he intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person. (c) Except as otherwise provided in this Code section, a A person convicted of the offense of sexual battery shall be punished as for a misdemeanor of a high and aggravated nature. (d) A person convicted of the offense of sexual battery against any child under the age of 16 years shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years."
SECTION 2. Said title is amended further by striking subsections (b) and (g) of Code Section 16-12100, relating to sexual exploitation of children and the penalties, and inserting in their respective places the following:
"(b)(1) It is unlawful for any person knowingly to employ, use, persuade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any

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sexually explicit conduct for the purpose of producing any visual medium depicting such conduct. (2) It is unlawful for any parent, legal guardian, or person having custody or control of a minor knowingly to permit the minor to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of producing any visual medium depicting such conduct. (3) It is unlawful for any person knowingly to employ, use, persuade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of any performance. (4) It is unlawful for any parent, legal guardian, or person having custody or control of a minor knowingly to permit the minor to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of any performance. (5) It is unlawful for any person knowingly to create, reproduce, publish, promote, sell, distribute, give, exhibit, or possess with intent to sell or distribute any visual medium which depicts a minor or a portion of a minors body engaged in any sexually explicit conduct. (6) It is unlawful for any person knowingly to advertise, sell, purchase, barter, or exchange any medium which provides information as to where any visual medium which depicts a minor or a portion of a minors body engaged in any sexually explicit conduct can be found or purchased. (7) It is unlawful for any person knowingly to bring or cause to be brought into this state any material which depicts a minor or a portion of a minors body engaged in any sexually explicit conduct. (8) It is unlawful for any person knowingly to possess or control any material which depicts a minor or a portion of a minors body engaged in any sexually explicit conduct." "(g)(1) Except as otherwise provided in paragraphs (2) and (3) paragraph (2) of this subsection, any person who violates a provision of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years and by a fine of not more than $100,000.00. In the event, however, that the person so convicted is a member of the immediate family of the victim, no fine shall be imposed. (2) Any person who violates paragraph (8) of subsection (b) of this Code section shall be guilty of a misdemeanor. (3)(2) Any person who violates subsection (c) of this Code section shall be guilty of a misdemeanor."
SECTION 3. Said title is amended further by striking Code Section 16-12-100.2, relating to computer pornography and child exploitation prevention, and inserting in lieu thereof the following:
"16-12-100.2. (a) This Code section shall be known and may be cited as the 'Computer Pornography

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and Child Exploitation Prevention Act of 1999.' (b) As used in this Code section, the term:
(1) 'Child' 'child' means any person under the age of 16 years. (2) 'Identifiable child' means a person:
(A) Who was a child at the time the visual depiction was created, adapted, or modified or whose image as a child was used in creating, adapting, or modifying the visual depiction; and (B) Who is recognizable as an actual person by the persons face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature or by electronic or scientific means as may be available. The term shall not be construed to require proof of the actual identity of the child. (3) 'Sadomasochistic abuse' has the same meaning as provided in Code Section 1612-100.1. (4) 'Sexual conduct' has the same meaning as provided in Code Section 16-12-100.1. (5) 'Sexual excitement' has the same meaning as provided in Code Section 16-12100.1. (6) 'Sexually explicit nudity' has the same meaning as provided in Code Section 1612-102. (7) 'Visual depiction' means any image and includes undeveloped film and video tape and data stored on computer disk or by electronic means which is capable of conversion into a visual image or which has been created, adapted, or modified to show an identifiable child engaged in sexually explicit conduct. (c)(1) A person commits the offense of computer pornography if such person intentionally or willfully: (A) Compiles, enters into, or transmits by means of computer; (B) Makes, prints, publishes, or reproduces by other computerized means; (C) Causes or allows to be entered into or transmitted by means of computer; or (D) Buys, sells, receives, exchanges, or disseminates any notice, statement, or advertisement, or any childs name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for the purpose of offering or soliciting sexual conduct of or with any an identifiable child or the visual depiction of such conduct. (2) Any person convicted of violating paragraph (1) of this subsection shall be punished by a fine of not more than $10,000.00 or and by imprisonment for not less than one nor more than 20 years, or both. (d)(1) It shall be unlawful for any person intentionally or willfully to utilize a computer on-line service, or Internet service, or including but not limited to a local bulletin board service, Internet chat room, e-mail, or on-line messaging service to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice a child or another person believed by such person to be a child, to commit any illegal act described in Code Section 16-6-2, relating to the offense of sodomy or aggravated sodomy; Code Section 16-6-4, relating to the offense of child molestation or aggravated child molestation; Code Section 16-6-5, relating to the offense of enticing

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a child for indecent purposes; or Code Section 16-6-8, relating to the offense of public indecency; or to engage in any conduct that by its nature is an unlawful sexual offense against a child. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years and by a fine of not more than $25,000.00; provided, however, that, if at the time of the offense the victim was 14 or 15 years of age and the defendant was no more than three years older than the victim, then the defendant shall be guilty of a misdemeanor of a high and aggravated nature. (e)(1) A person commits the offense of obscene Internet contact with a child if he or she has contact with someone he or she knows to be a child or with someone he or she believes to be a child via a computer on-line service or Internet service, including but not limited to a local bulletin board service, Internet chat room, e-mail, or on-line messaging service, and the contact involves any matter containing explicit verbal descriptions or narrative accounts of sexually explicit nudity, sexual conduct, sexual excitement, or sadomasochistic abuse that is intended to arouse or satisfy the sexual desire of either the child or the person, provided that no conviction shall be had for a violation of this subsection on the unsupported testimony of a child. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years or by a fine of not more than $10,000.00; provided, however, that, if at the time of the offense the victim was 14 or 15 years of age and the defendant was no more than three years older than the victim, then the defendant shall be guilty of a misdemeanor of a high and aggravated nature. (e)(f)(1) It shall be unlawful for any owner or operator of a computer on-line service, Internet service, or local bulletin board service intentionally or willfully to permit a subscriber to utilize the service to commit a violation of this Code section, knowing that such person intended to utilize such service to violate this Code section. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor of a high and aggravated nature. (f)(g) The sole fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this Code section shall not constitute a defense to prosecution under this Code section. (g)(h) A person is subject to prosecution in this state pursuant to Code Section 17-2-1, relating to jurisdiction over crimes and persons charged with commission of crimes generally, for any conduct made unlawful by this Code section which the person engages in while either within or outside of this state if, by such conduct, the person commits a violation of this Code section which involves a child who resides in this state or another person believed by such person to be a child residing in this state. (h)(i) Any violation of this Code section shall constitute a separate offense."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming

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law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 290. By Representatives Rogers of the 20th, Royal of the 140th and Hanner of the 133rd:
A BILL to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to current use assessment for ad valorem taxation of bona fide conservation use property, so as to include undeveloped riverside or streamside lands within buffer zones established by law or local ordinance as eligible for such assessment; and for other purposes.

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

The Speaker assumed the Chair.

HB 433. By Representatives Mitchell of the 61st, Post 3, Hugley of the 113th, Maddox of the 59th, Post 2, Watson of the 60th, Post 2, Golick of the 34th, Post 3 and others:
A BILL to amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of child welfare agencies and child care facilities, so as to provide that the owner of any day-care center,

THURSDAY, MARCH 27, 2003

1681

family day-care home, group day-care facility, or group day-care home shall be covered by liability insurance; to provide for denial of a license or commission for an uninsured owner; and for other purposes.

The following Committee amendment was read:

The Committee on Children and Youth moves to amend HB 433 by striking on line 5 of page 1 the word "commission" and inserting in lieu thereof the word "registration".
By striking lines 11 through 18 of page 1 and inserting in lieu thereof the following:
"'(t) The owner of any day-care center, family day-care home, group day-care facility, or group day-care home shall, at the time of being licensed or registered by the department or of renewing any such license or registration, present evidence of a policy of liability insurance in the amount of at least $25,000.00 for bodily injury and property damage issued by an insurer authorized to transact business in this state. Any owner who fails to present proof of liability insurance coverage as required under this subsection shall be denied a license or registration by the department. Such evidence of liability insurance shall be ongoing and evaluated at least annually during the licensure or registration period.'"

The following amendment was read:

Representative Mitchell of the 61st, Post 3 moves to amend the Committee amendment to HB 433 by striking line 3 of page 1 and inserting in lieu thereof the following:
"Amend HB 433 by striking line 1 of page 1 and inserting in lieu thereof the following: '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 each child-care learning center licensed by the Office of School Readiness shall be covered by liability insurance; to amend Code Section 49-5-12, of the Official Code of Georgia Annotated, relating to'.
By striking on line 5 of page 1 the word 'commission' and inserting in lieu".
By inserting between lines 4 and 5 of page 1 the following: "By redesignating Sections 1 and 2 as Sections 2 and 3, respectively, and inserting a new Section 1 to read as follows:

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'SECTION 1. Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to the Office of School Readiness, is amended by inserting at the end thereof a new Code Section 201A-8 to read as follows:
"The owner of any child-care learning center shall, at the time of being licensed by the Office of School Readiness or of renewing any such license, present evidence of a policy of liability insurance in the amount of at least $25,000.00 for bodily injury and property damage issued by an insurer authorized to transact business in this state. Any owner who fails to present proof of liability insurance coverage as required under this Code section shall be denied a license by the office. Such evidence of liability insurance shall be ongoing and evaluated at least annually during the licensure period."'".

The following amendment was read:

Representative Heard of the 75th moves to amend the Mitchell amendment to HB 433 as follows:
Line 19: Delete $25,000.00 and insert $100,000.00.

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

Y Amerson Y Anderson Y Ashe
Bannister N Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G

Day Dean Y Deloach E Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson
Jenkins Y Jones N Jordan N Joyce
Keen Y Knox
Lane Y Lewis Y Lord Y Lucas

Y Mobley Y Moraitakis Y Morris Y Mosby N Mosley Y Murphy, J Y Murphy, Q Y Noel N Oliver, B Y Oliver, M Y O'Neal Y Orrock
Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell
Ralston Y Randall Y Ray
Reece, B

E Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson
Stokes Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M N Thompson Y Twiggs

Y Bunn Y Burkhalter E Burmeister N Butler Y Campbell Y Casas
Chambers Y Channell N Childers E Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

THURSDAY, MARCH 27, 2003

N Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell E Heard, J Y Heard, K N Heath Y Heckstall Y Hembree Y Henson Y Hill, C

E Lunsford Y Maddox
Mangham Y Manning
Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar
Mills Y Mitchell

Y Reece, S Y Rice Y Richardson Y Roberts, J
Roberts, L N Rogers, C E Rogers, Ch. Y Royal N Rynders N Sailor Y Scott Y Shaw E Sheldon Y Sholar

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Y Walker, L Walker, R.L
Y Warren Y Watson N Westmoreland N White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Coleman, Speaker

On the adoption of the amendment, the ayes were 137, nays 15. The amendment was adopted.

Representative Thompson of the 69th, Post 1 stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Mitchell amendment, as amended, was adopted.

The Committee amendment, as amended, was adopted.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister N Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux

Y Day Dean
Y Deloach E Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Y Ehrhart Y Elrod

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel N Oliver, B Y Oliver, M Y O'Neal Y Orrock

E Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E

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Y Borders Y Bridges N Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter E Burmeister N Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers E Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Epps Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell E Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Jenkins Y Jones Y Jordan N Joyce
Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas E Lunsford Y Maddox Y Mangham Y Manning
Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar
Mills Y Mitchell

Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C E Rogers, Ch. Y Royal N Rynders
Sailor Y Scott Y Shaw E Sheldon Y Sholar

Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland N White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

On the passage of the Bill, as amended, the ayes were 153, nays 9.
The Bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, HB 433 was ordered immediately transmitted to the Senate.

HB 444. By Representative Channell of the 77th:
A BILL to amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones, restrictions on use of motors and operation of houseboats on certain lakes, and exceptions, so as to prohibit operation of certain vessels on Lake Oconee; and for other purposes.

The following Committee substitute was read and adopted:

A BILL To amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to

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boating safety zones, restrictions on use of motors and operation of houseboats on certain lakes, and exceptions, so as to prohibit operation of certain vessels on Lake Oconee; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones, restrictions on use of motors and operation of houseboats on certain lakes, and exceptions, is amended by striking subsection (g) and inserting in lieu thereof the following:
"(g) The operation of any of the following vessels on Lake Oconee shall be prohibited: (1) Any motorized vessel greater than 30 feet six inches in length; except for law enforcement, scientific research, or dam operation and maintenance craft or a vessel not greater than 40 feet in length used for conducting group tours on behalf of the owner or operator of a REAP certified by the Department of Community Affairs under Code Section 50-8-192; or (2) Any vessel equipped with any type of bypass mechanism that reduces or eliminates the effectiveness of the muffler or baffler system required by Code Section 52-7-10.
(h) The provisions of this Code section shall not apply to vessels engaged in any activity authorized under Code Section 52-7-19."
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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod
Epps

Y Hill, C.A Y Hill, V Y Hines
Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham

E Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R

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Y Bridges Y Brock Y Brooks Y Broome Y Brown
Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler
Campbell Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Gardner Y Golick Y Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Jones Y Jordan Y Joyce
Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas E Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Parrish Y Parsons Y Porter
Powell Y Purcell Y Ralston Y Randall
Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L
Rogers, C E Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott
Shaw Y Sheldon Y Sholar

Y Stephenson Y Stokes Y Stoner Y Teilhet
Teper Y Thomas, A Y Thomas, A.M Y Thompson
Twiggs Y Walker, L
Walker, R.L Y Warren Y Watson
Westmoreland Y White Y Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 154, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 320. By Representatives Orrock of the 51st, Jamieson of the 22nd, Coleman of the 65th and Sinkfield of the 50th:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for salary increases for certain school social workers who are certified as Certified School Social Worker Specialists; to provide for leave for preparing documentation required for certification; to provide for reimbursement of the program participation fee; and for other purposes.

The following Committee substitute was read and adopted:

A BILL To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to

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elementary and secondary education, so as to provide for salary increases for certain school social workers who are certified as Certified School Social Worker Specialists; to provide for leave for preparing documentation required for certification; to provide for reimbursement of the program participation fee; to provide for repayment in certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by inserting a new Code section to be designated Code Section 20-2-212.4 to read as follows:
"20-2-212.4. (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 consecutive 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 10 percent increase shall be computed based on the state salary for such individual for the school year when the increase is first awarded and recomputed each subsequent year based on the individuals state salary for that 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. (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

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additional year of school social work due to the death or disability of the school social worker."
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:

Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges N Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers N Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner Y Golick Y Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson N Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan N Joyce Y Keen N Knox
Lane E Lewis
Lord Y Lucas E Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar
Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M
O'Neal Y Orrock
Parham Y Parrish
Parsons Y Porter
Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice N Richardson Y Roberts, J Y Roberts, L Y Rogers, C E Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

E Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland N White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

THURSDAY, MARCH 27, 2003

1689

On the passage of the Bill, by substitute, the ayes were 153, nays 10.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Lane of the 101st stated that 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 492. By Representatives Richardson of the 26th, O`Neal of the 117th, Royal of the 140th, Parrish of the 102nd and Burkhalter of the 36th:
A BILL to amend Code Section 48-7-40.17 of the Official Code of Georgia Annotated, relating to the income tax credit regarding establishing or relocating headquarters, so as to change a definition; to change certain procedures, conditions, and limitations; and for other purposes.

The report of the Committee, which was favorable to the 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 Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister

Y Day Dean
Y Deloach Y Dix Y Dodson
Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane E Lewis Y Lord Y Lucas E Lunsford Y Maddox Y Mangham

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson

E Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L
Walker, R.L Y Warren

1690
Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee Y McCall
McClinton Y Millar Y Mills Y Mitchell

Y Roberts, J Y Roberts, L Y Rogers, C E Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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

By unanimous consent, 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 885. By Representatives Moraitakis of the 42nd, Post 4, Epps of the 90th, Brooks of the 47th, Teper of the 42nd, Post 1, Gardner of the 42nd, Post 3 and others:
A BILL to amend Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating to persons and their rights, so as to provide that every person who subjects, or causes to be subjected, any person to the deprivation of any rights, privileges, or immuities secured by the Constitution or laws of the State of Georgia, based upon a person's race, color, national origin, gender, marital status, sexual orientation, age, religion, or disability status, or the perception thereof, or because of the race, color, national origin, gender, marital status, sexual orientation, age, religion, or disability status, or the perception thereof, of any person with whom he or she is or may wish to be associated shall have committed unlawful discrimination; and for other purposes.

Referred to the Committee on Judiciary.

HB 886. By Representatives Coleman of the 118th, Channell of the 77th, Parrish of the 102nd and Morris of the 120th:
A BILL to amend Chapter 9 of Title 32 of the Official Code of Georgia

THURSDAY, MARCH 27, 2003

1691

Annotated, relating to mass transportation, so as to provide certain conditions on the receipt by airports of state financial assistance; to provide for the repayment of future state assistance if an airport ceases operations within a certain period of time; to provide for public hearings with respect to closing of airports which have received state financial assistance; and for other purposes.

Referred to the Committee on Transportation.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Rules and referred to the Committee on State Planning & Community Affairs:

HB 865. By Representatives Hill of the 16th and McBee of the 74th:
A BILL to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Funk Heritage/Bennett Center at Reinhardt College as Georgia's official Frontier and Southeastern Indian Interpretive Center; and for other purposes.

The following supplemental Rules Calendar was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR THURSDAY, MARCH 27, 2003

Mr. Speaker and Members of the House:

Your Committee on Rules has met and submits the following supplemental to the calendar already adopted this March 27, 2003, by adding the following:

HB 196 HB 397 HB 468 HB 469 HB 479 HB 561 HB 597

Marijuana; trafficking prosecution; reduce quantity Firearms; certain unauthorized possession; affirmative defense Income tax; estimated tax; underpayment amount Income tax; claim for refund; filing date Child fatality; review committee; powers of panel Local governments; grant certification; audits State licensing boards; reduce number of members

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HB 619 HB 627 HB 697
HB 721

Accident and sickness insurance; franchise group plan; provisions State government; phones; prohibit certain voice mail use Managed health care plans; right to independent review; include state employees Health insurance identification cards; prohibit showing social security number

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

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Representative Channell of the 77th District, Vice-Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 265 Do Pass HR 406 Do Pass

Respectfully submitted, /s/ Channell of the 77th
Vice-Chairman

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

HB 479. By Representatives Fleming of the 79th, Oliver of the 56th, Post 2 and Sinkfield of the 50th:
A BILL to amend Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, so as to change provisions relating to the county multiagency child fatality review committee and chairperson thereof;

THURSDAY, MARCH 27, 2003

1693

to change provisions relating to the membership and powers of the Georgia Child Fatality Panel; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Children and Youth offers the following amendment:
Amend HB 479 by striking lines 35 and 36 of page 2 and inserting in lieu thereof the following:
"(16) The director of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources.'"

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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell

Day Dean Y Deloach Y Dix N Dodson Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Floyd, J Y Fludd N Forster Franklin Y Gardner Y Golick Y Graves, D Graves, T Y Greene Y Greene-Johnson Hanner Y Harbin

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins
Jones Y Jordan N Joyce Y Keen N Knox Y Lane E Lewis Y Lord
Lucas E Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock
Parham Y Parrish Y Parsons Y Porter
Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L
Walker, R.L Y Warren Y Watson
Westmoreland

1694
Y Casas Chambers
Y Channell Y Childers Y Coan Y Coleman, B Y Cooper
Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Harper Y Harrell Y Heard, J Y Heard, K
Heath Y Heckstall Y Hembree Y Henson N Hill, C

Y Martin E Massey Y Maxwell Y McBee
McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Rogers, C E Rogers, Ch.
Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon
Sholar

Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

On the passage of the Bill, as amended, the ayes were 149, nays 6.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representatives Dodson of the 84th, Post 1 and Forster of the 3rd, Post 1 stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

Due to a mechanical malfunction, the vote of Representative Stanley-Turner of the 43rd, Post 2 was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 561. By Representatives Henson of the 55th, Smith of the 129th, Post 2, Ashe of the 42nd, Post 2, Royal of the 140th and Crawford of the 91st:
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 a definition; to provide for procedures, conditions, and limitations; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to change certain provisions relating to grant certification; to provide for a definition; to provide for procedures,

THURSDAY, MARCH 27, 2003

1695

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 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 or paragraph (1) of subsection (d) of this Code section shall be an eligible expense of the grant. However, the amount charged shall not exceed 2 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. (c) Where the grant of state funds is for $5,000.00 or less, the grant shall require submission to 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 need certify that the grant funds were used solely for the express purpose or purposes for which the grant was made. However, where such grant is to a subrecipient, the grant shall require submission to 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

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used solely for the express purpose or purposes for which the grant was made. Such affidavit shall be submitted annually for each year that grant funds are expended or remain unexpended according to a schedule established by the local government and shall be made on a form designed by the state auditor and distributed with each covered grant as required by this Code section.
(d)(1) Notwithstanding subsections (b) or (c) of this Code section, 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 recipient local government to obtain or perform an audit of any grant of state funds from the Governors emergency fund or from a special project appropriation, regardless of the amount thereof. (2) Notwithstanding subsections (b) or (c) of this Code section, a recipient local government shall have the right or authority to obtain or perform an audit of any grant of state funds to a subrecipient 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 report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

THURSDAY, MARCH 27, 2003

1697

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks
Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D
Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K
Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane E Lewis Y Lord
Lucas E Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee
McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal
Orrock Y Parham Y Parrish Y Parsons Y Porter
Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C E Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield
Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L
Walker, R.L Y Warren Y Watson
Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Coleman, Speaker

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

HB 627. By Representatives Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A BILL to amend Chapter 1 of Title 50 of the Official Code of Georgia

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Annotated, relating to general provisions relative to state government and state planning, so as to require publicly listed state telephone numbers to be answered by an attendant; to provide for definitions; to prohibit the use of voice mail systems by state employees except under certain circumstances; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 627 by inserting before the period on line 26 of page 1 the following:
"; provided, however, any state agency that has fewer than five state employees shall be authorized to utilize a voice mail system when all of the state employees are absent from the state agency".

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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges N Brock Y Brooks Y Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister

Day Dean Y Deloach Y Dix Y Dodson N Dollar Y Dooley Y Douglas N Drenner Y Dukes Y Ehrhart N Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J N Fludd N Forster Y Franklin Y Gardner N Golick Y Graves, D N Graves, T Greene N Greene-Johnson

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins
Jones Y Jordan N Joyce Y Keen Y Knox Y Lane E Lewis Y Lord Y Lucas E Lunsford Y Maddox Y Mangham

Y Mobley Y Moraitakis Y Morris
Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall
Ray Y Reece, B Y Reece, S N Rice N Richardson

Y Sims Y Sinkfield Y Skipper N Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson
Twiggs Y Walker, L
Walker, R.L Y Warren

N Butler Y Campbell N Casas
Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper Y Crawford Y Cummings

THURSDAY, MARCH 27, 2003

Y Hanner Y Harbin N Harper Y Harrell Y Heard, J Y Heard, K
Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Manning Marin
Y Martin E Massey N Maxwell Y McBee Y McCall Y McClinton N Millar N Mills Y Mitchell

N Roberts, J Y Roberts, L Y Rogers, C E Rogers, Ch. Y Royal N Rynders Y Sailor N Scott Y Shaw N Sheldon Y Sholar

1699
Y Watson Westmoreland
Y White Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, as amended, the ayes were 133, nays 29.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 468. By Representative Jamieson of the 22nd:
A BILL to amend Code Section 48-7-120 of the Official Code of Georgia Annotated, relating to failure to pay estimated income tax, so as to change the method of calculating underpayment amounts; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown
Bruce

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston

Y Sims Y Sinkfield Y Skipper
Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A

1700
Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

E Lewis Y Lord Y Lucas E Lunsford Y Maddox Y Mangham Y Manning
Marin Y Martin E Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C E Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 169, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 469. By Representative Jamieson of the 22nd:
A BILL to amend Code Section 48-2-35 of the Official Code of Georgia Annotated, relating to tax refunds, so as to increase the period of time during which certain income tax refunds may be claimed; and for other purposes.

The report of the Committee, which was favorable to the 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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Y Ehrhart Y Elrod Y Epps Y Fleming

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson

Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers
Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

THURSDAY, MARCH 27, 2003

Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath N Heckstall Y Hembree Y Henson Y Hill, C

Y Jordan Y Joyce Y Keen Y Knox Y Lane E Lewis Y Lord Y Lucas E Lunsford Y Maddox Y Mangham Y Manning
Marin Y Martin E Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C E Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

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Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M
Thompson Y Twiggs Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 168, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 697. By Representatives Gardner of the 42nd, Post 3 and Ashe of the 42nd, Post 2:
A BILL to amend Article 2 of Chapter 20A of Title 33 of the Official Code of Georgia Annotated, relating to patient's right to independent review, so as to include state employees in the definition of eligible enrollee to allow for the right to independent review of a medical decision; and for other purposes.

The report of the Committee, which was favorable to the 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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V

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Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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Y Drenner Dukes
Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd
Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree
Henson Y Hill, C

Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane E Lewis Y Lord Y Lucas E Lunsford Y Maddox E Mangham Y Manning
Marin Y Martin E Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C E Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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

HB 597. By Representatives Jackson of the 124th, Post 1, Heard of the 75th, Smith of the 129th, Post 2, Porter of the 119th, Skipper of the 116th and others:
A BILL to amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to reduce the number of members of the State Board of Registration for Foresters; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to reduce the number of members on certain professional licensing boards; and for other purposes.

The following Committee substitute was read and adopted:

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A BILL
To amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to the reduce the number of members of the State Board of Registration for Foresters; to amend Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the State Board of Pharmacy, so as to reduce the number of members of the State Board of Pharmacy; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to reduce the number of members on certain professional licensing boards; to provide for the manner in which such boards shall be reduced in size; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, is amended by striking Code Section 126-42, relating to the creation of the State Board of Registration for Foresters, and inserting in lieu thereof a new Code Section 12-6-42 to read as follows:
"12-6-42. (a) A State Board of Registration for Foresters is created whose duty it shall be to administer this part.
(b)(1) Until the effective date of this Act, the The board shall consist of five foresters who shall be selected and appointed by the Governor and who shall have the qualifications required by Code Section 12-6-43. The position of the forester member of the board whose term has expired and who has been holding over as a member of the board for the longest period of time shall terminate on the effective date of this Act. (2) On and after the effective date of this Act, the board shall consist of four foresters who shall be selected and appointed by the Governor and who shall have the qualifications required by Code Section 12-6-43. (c) In addition to the five members provided for in subsection (b) of this Code section, the board shall consist of a sixth an additional member who shall be appointed by the Governor from the public at large and who shall have no connection whatsoever with the practice of professional forestry. The initial term of appointment for the additional member provided for by this subsection shall expire June 30, 1985; thereafter, the Governor shall appoint successors for terms of five years each. (d) Every member of the board shall receive a certificate of his or her appointment from the Governor and before beginning his or her term of office shall file with the Secretary of State his or her written oath or affirmation for the faithful discharge of his or her official duty. (e) The five forester members of the board shall be appointed for terms of five years.

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On the expiration of the term of any member of the board, except as provided in subsection (b) of this Code section, the Governor shall in the manner provided in this Code section appoint for a term of five years a registered forester having the qualifications required by Code Section 12-6-43 to take the place of the member whose term on the board is expiring. Each member shall hold office until the expiration of the term for which that member is appointed or until a successor shall have been duly appointed and shall have qualified."
SECTION 2. Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the State Board of Pharmacy, is amended by striking subsection (a) of Code Section 264-21, relating to eligibility requirements for members, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Each of the seven pharmacist members of the board shall, at the time of appointment:
(1) Be a resident of this state for not less than six months; (2) Be currently licensed and in good standing to engage in the practice of pharmacy in this state; (3) Be actively engaged in the practice of pharmacy in this state; (4) Have five years of experience in the practice of pharmacy in this state after licensure; and (5) Not be officially employed as a full-time faculty member by any school or college of pharmacy."
SECTION 3. Said article is further amended by striking subsection (a) of Code Section 26-4-22, relating to the number and terms of members, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a)(1) The Until the effective date of this Act, the board shall consist of seven members possessing the qualification qualifications specified in subsection (a) of Code Section 26-4-21 and one additional member possessing the qualifications specified in subsection (b) of Code Section 26-4-21 who shall be appointed by the Governor for a term of five years or and until their successors are appointed and qualified. The position of the pharmacist member of the board whose term has expired and who has been holding over as a member of the board for the longest period of time shall terminate on the effective date of this Act. (2) On and after the effective date of this Act, the board shall consist of six members possessing the qualifications specified in subsection (a) of Code Section 26-4-21 and one additional member possessing the qualifications specified in subsection (b) of Code Section 26-4-21 who shall be appointed by the Governor for a term of five years and until their successors are appointed and qualified. (3) Pharmacist members shall represent a diversity of practice settings and geographic dispersion of practitioners across the state."

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SECTION 4. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking Code Section 43-3-3, relating to the creation of the State Board of Accountancy, and inserting in lieu thereof a new Code Section 43-3-3 to read as follows:
"43-3-3. (a) There is created the State Board of Accountancy.
(b)(1) The Until the effective date of this Act, the board shall consist of seven members, to be appointed by the Governor with the approval of the Senate. Each member of the board shall be a resident of this state. Five members of the board shall be certified public accountants, and one member shall be a registered public accountant, all of whom shall hold a permit to practice public accounting issued under Code Section 43-3-24. One member shall be appointed from the public at large and shall be a person to whom neither this state nor any other state has ever issued a certificate, registration, license, or permit to engage in the practice of public accounting. (2) On and after the effective date of this Act, the board shall consist of six members, to be appointed by the Governor with the approval of the Senate. Each member of the board shall be a resident of this state. Four members of the board shall be certified public accountants, and one member shall be a registered public accountant, all of whom shall hold a permit to practice public accounting issued under Code Section 433-24. One member shall be appointed from the public at large and shall be a person to whom neither this state nor any other state has ever issued a certificate, registration, license, or permit to engage in the practice of public accounting. (c) Each member of the board in office on July 1, 1982, the effective date of this Act shall remain in office until the expiration of his or her term and the appointment and approval of his or her successor, except that the position held by the certified public accountant member of the board whose term has expired and who has been holding over as a member of the board for the longest period of time shall terminate on the effective date of this Act. (d) Any appointment or reappointment of board members shall be for a period of four years. The remaining portion of any unexpired term shall be filled by appointment by the Governor with the approval of the Senate. Upon Except as provided in subsection (c) of this Code section, upon the expiration of his or her term of office, a member shall continue to serve until his or her successor shall have been appointed and shall have qualified. (e) No member of the board shall serve as such for more than two terms, consecutive or otherwise; and, for purposes of calculating the number of terms served, the filling of an unexpired term or terms for a total of more than 30 calendar months shall be treated as the serving of a full term. (f) Any member of the board may be removed by the Governor for misconduct, incompetence, or neglect of duty. The membership on the board of any member whose permit to practice has expired and has not been renewed, has become void, or has been

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revoked or suspended shall be automatically terminated simultaneously with any such expiration, voiding, revocation, or suspension. (g) Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2."
SECTION 5. Said title is further amended by striking Code Section 43-4-2, relating to the creation of the Georgia State Board of Architects and Interior Designers, and inserting in lieu thereof a new Code Section 43-4-2 to read as follows:
"43-4-2. (a) There is created the Georgia State Board of Architects and Interior Designers, which.
(b)(1) Until the effective date of this Act, the board shall be composed of nine appointed members. Six of the members shall be registered architects who hold a current license in this state and who shall be residents of this state. Two members shall be registered interior designers who are residents of this state and who have been interior designers for at least ten years immediately preceding the appointment and who shall have passed an examination approved by the board. One member shall be a resident of this state and shall have no connection whatsoever with the practice or profession of architecture or interior design. (2) On and after the effective date of this Act, the board shall be composed of eight appointed members. Five of the members shall be registered architects who hold a current license in this state and who shall be residents of this state. Two members shall be registered interior designers who are residents of this state and who have been interior designers for at least ten years immediately preceding the appointment and who shall have passed an examination approved by the board. One member shall be a resident of this state and shall have no connection whatsoever with the practice or profession of architecture or interior design. (c) The members of the predecessor State Board of Architects including the interior designer members who were formerly only full voting members for purposes of Article 2 of this chapter in office on June 30, 2000, shall be members of the Georgia State Board of Architects and Interior Designers and in office on the effective date of this Act shall serve out the remainder of their respective terms and until their successors are appointed and qualified, except that the position held by the architect member of the board whose term has expired and who has been holding over as a member of the board for the longest period of time shall terminate on the effective date of this Act. (d) The citizen member who is not a practicing architect or interior designer may vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of architects or interior designers in this state. (e) The Except as provided in subsection (c) of this Code section, the Governor shall appoint successors to the present members of the board, as their respective terms of office expire, for a term of office of five years each. The successor members so appointed shall possess the qualifications specified in this Code section and shall be

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confirmed by the Senate as provided in Code Section 43-1-16. In Except as provided in subsection (c) of this Code section, in case a successor is not appointed at the expiration of the term of any member, such member shall hold office until his or her successor has been duly appointed and qualified. Any Except as provided in subsection (c) of this Code section, any vacancy occurring in the membership of the board shall be filled by the Governor for the unexpired term, and such member shall be confirmed by the Senate as provided in Code Section 43-1-16."
SECTION 6. Said title is further amended by striking subsection (a) of Code Section 43-4A-3, relating to the creation of the Georgia Athlete Agent Regulatory Commission, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a)(1) There is created a commission for the regulation of athlete agents in the State of Georgia to be known as the Georgia Athlete Agent Regulatory Commission. (2) The Until the effective date of this Act, the commission shall consist of six members with an interest in college athletics to be appointed as follows:
(1)(A) The Governor shall appoint two commission members; (2)(B) The President of the Senate shall appoint two commission members; and (3)(C) The Speaker of the House of Representatives shall appoint two commission members. (3) On and after the effective date of this Act, the commission shall consist of five members with an interest in college athletics to be appointed as follows: (A) The Governor shall appoint two commission members; (B) The President of the Senate shall appoint one commission member; and (C) The Speaker of the House of Representatives shall appoint two commission members. (4) All members of the commission shall be citizens of the United States and residents of Georgia. The term of each commission member shall be for a period of three years and commission members may be eligible for reappointment, subject to the provisions of this chapter. The position of the member of the board appointed by the President of the Senate whose term has expired and who has been holding over as a member of the board for the longest period of time shall terminate on the effective date of this Act. (5) If Except as provided in paragraph (4) of this subsection, if a vacancy occurs on the commission, the officer who originally appointed such member shall appoint a successor who shall take office immediately and serve the remainder of the unexpired term. (6) The commission members and their successors shall have and exercise all the powers and authority vested by law in said commission."
SECTION 7. Said title is further amended by striking Code Section 43-6-2, relating to the creation of the Georgia Auctioneers Commission, and inserting in lieu thereof a new Code Section

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43-6-2 to read as follows: "43-6-2. (a) The Georgia Auctioneers Commission is created under the Secretary of State and the division director. (b)(1) The Until the effective date of this Act, the commission shall be composed of six members, each of whom shall be appointed by the Governor, with the approval of the Secretary of State, and confirmed by the Senate. Appointments shall be for a term of five years, to end on the anniversary date of original appointments, except appointments to fill a vacancy which shall be for the unexpired term only. (c) Five members of the commission shall be licensed auctioneers who shall have been residents of this state and actively engaged in the auctioneering business for at least five years. One member shall be a consumer advocate and a resident of this state and shall have no connection whatsoever with the practice or profession of auctioneering. The position of the auctioneer member of the board whose term has expired and who has been holding over as a member of the board for the longest period of time on the effective date of this Act shall terminate on the effective date of this Act. (2) On and after the effective date of this Act, the commission shall be composed of five members, each of whom shall be appointed by the Governor, with the approval of the Secretary of State, and confirmed by the Senate. Appointments shall be for a term of five years, to end on the anniversary date of original appointments, except appointments to fill a vacancy which shall be for the unexpired term only. Four members of the commission shall be licensed auctioneers who shall have been residents of this state and actively engaged in the auctioneering business for at least five years. One member shall be a consumer advocate and a resident of this state and shall have no connection whatsoever with the practice or profession of auctioneering."
SECTION 8. Said title is further amended by striking Code Section 43-7-4, relating to the creation of the State Board of Barbers, and inserting in lieu thereof a new Code Section 43-7-4 to read as follows:
"43-7-4. (a)(1) There is created a State Board of Barbers. (2) Until the effective date of this Act, the The board shall consist of six members, each of whom shall be appointed by the Governor, approved by the Secretary of State, and confirmed by the Senate. Five of the members shall be barbers. The sixth member shall be appointed from the public at large and shall have no connection whatsoever with the profession of barbering. All terms shall be for three years. Upon the expiration of the term of office, a member shall continue to serve until a successor is appointed and qualified. The position of the barber member of the board whose term has expired, who has been holding over as a member of the board for the longest period of time, and who has served for the longest period of time on the board shall terminate on the effective date of this Act. (3) On and after the effective date of this Act, the board shall consist of five

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members, each of whom shall be appointed by the Governor, approved by the Secretary of State, and confirmed by the Senate. Four of the members shall be barbers. The fifth member shall be appointed from the public at large and shall have no connection whatsoever with the profession of barbering. All terms shall be for three years. Upon the expiration of the term of office, a member shall continue to serve until a successor is appointed and qualified. (b) With the exception of hearings in contested cases, the board may conduct business by conference telephone. (c) The Governor may remove any member of the board for failure to attend meetings, neglect of duty, incompetence, revocation or suspension of his or her license, or other dishonorable conduct. After such removal or vacancy due to death or resignation, the Governor shall appoint a successor as provided in this Code section to serve the unexpired term."
SECTION 9. Said title is further amended by striking Code Section 43-9-2, relating to the creation of the Georgia Board of Chiropractic Examiners, and inserting a new Code Section 43-9-2 to read as follows:
"43-9-2. (a) There is created and established a board to be known as the Georgia Board of Chiropractic Examiners. The board shall be composed of five practicing chiropractors who shall be appointed by the Governor with the approval of the Secretary of State and confirmation by the Senate; provided, however, that the position of the practicing chiropractor member who, on the effective date of this Act, has served the longest on the board and whose term will end the earliest of the practicing chiropractors serving as members of the board shall terminate upon the end of such members term of office or upon such member ceasing to be a member of the board prior to the end of such term of office. Upon the occurrence of such event, no appointment shall be made and the board shall thereafter consist of four practicing chiropractors appointed as provided in this Code section. Such members shall be of good moral character, residents of the state, and graduates of chartered chiropractic schools or colleges requiring actual attendance in same and shall have practiced chiropractic continuously and resided in the state for a period of at least five years. (b) The board shall, in addition to the five members provided for in subsection (a) of this Code section, consist of a sixth an additional member who shall be appointed by the Governor from the public at large and who shall not be in any way connected to practicing chiropractic. The initial term for such member shall expire June 30, 1983; successors appointed on or after July 1, 1995, shall be appointed for a term of five years. (c) On or after July 1, 1995, not more than one member of the board shall be appointed who resides in any one congressional district, with the exception of the member appointed from the public at large. Board members appointed on or after July 1, 1995, shall be appointed for terms of five years and may be appointed to serve for no more

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than two consecutive five-year terms in addition to any unexpired term of office that member may have filled."
SECTION 10. Said title is further amended by striking subsection (a) of Code Section 43-10-2, relating to the creation of the State Board of Cosmetology, and inserting a new subsection (a) to read as follows:
"(a) There is created the State Board of Cosmetology. The Until the effective date of this Act, the board shall consist of nine members who shall be residents of this state. The position of the cosmetologist member of the board who has served for the longest period of time on the board shall terminate on the effective date of this Act. On and after the effective date of this Act, the board shall consist of eight members who shall be residents of this state. The board shall have the duty of carrying out and enforcing this chapter."
SECTION 11. Said title is further amended by striking subsections (a) and (b) of Code Section 43-11-2, relating to the creation and composition of the Georgia Board of Dentistry, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) A board to be known as the Georgia Board of Dentistry is created. The Until the effective date of this Act, the board shall consist of 11 members to be appointed and commissioned by the Governor as provided in subsection (b) of this Code section. The position of the dentist member of the board whose term has expired, who has been holding over as a member of the board for the longest period of time, who has served for the longest period of time on the board, and whose last name occurs first alphabetically shall terminate on the effective date of this Act. On and after the effective date of this Act, the board shall consist of 10 members to be appointed and commissioned by the Governor as provided in subsection (b) of this Code section.
(b)(1) Nine Until the effective date of this Act, nine members of the board shall be dentists and shall be appointed as follows: The members of the board who are dentists serving on July 1, 1981, shall continue to serve out their respective terms of office. As each such members term of office subsequently expires, the Governor shall appoint a new member who shall be a practicing dentist licensed by this state provided in this subsection. On and after the effective date of this Act, eight members of the board shall be dentists and shall be appointed as provided in this subsection. The Georgia Dental Association may, at each annual meeting, nominate four reputable practicing dentists for each expired or next expiring board members term; and, from each group of four dentists so nominated, the Governor may appoint one as the new member of said board. (2) One member of the board shall be a dental hygienist who is not a dentist, who is a resident of this state, and who is a practicing dental hygienist in this state and shall be appointed by the Governor. No one shall be eligible as a dental hygienist member of the board unless he or she is a citizen of this state and has lawfully practiced as a

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dental hygienist for five or more years at the time of his or her appointment and is not financially interested in, nor connected with, any dental college or dental hygiene school. If such a member ceases to be a resident of this state or ceases practicing in this state, that position on the board shall be deemed vacated. The Georgia Dental Hygienists Association may nominate four reputable dental hygienists who are not dentists for each expired or expiring term; and, from each group of four dental hygienists so nominated, the Governor may appoint one as the new member of the board. (3) One member of the board shall be a citizen of this state who is not a dentist or a dental hygienist and shall be appointed by the Governor. (4) Except as otherwise provided in paragraphs (6) and (7) of this subsection, the The term of office of each member of the board shall be for five years and until the appointment and qualification of a successor. (5) Each vacancy on the board shall be filled by the Governor for the unexpired term in the same manner as the original appointment. (6) The term of the initial member appointed pursuant to paragraph (2) of this subsection shall be for a term of two years beginning July 1, 1978, and ending June 30, 1980. (7) The term of the initial member appointed pursuant to paragraph (3) of this subsection shall be for a term of four years beginning July 1, 1978, and ending June 30, 1982."
SECTION 12. Said title is further amended by striking subsections (a) and (b) of Code Section 43-11A4, relating to the creation of the Georgia Board of Examiners of Licensed Dieticians, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a)(1) There is created the Georgia Board of Examiners of Licensed Dietitians. (2) The Until the effective date of this Act, the board shall consist of seven members as follows:
(1)(A) Six members shall be dietitians with at least one member from each of the following areas of dietetic practice: clinical dietetics; community or public health dietetics; an educator on the faculty of a college or university specializing in the field of dietetics; and the private practice of dietetics; and (2)(B) One member shall represent the public at large. (3) On and after the effective date of this Act, the board shall consist of six members as follows: (A) Five members shall be dietitians with at least one member from each of the following areas of dietetic practice: clinical dietetics; community or public health dietetics; an educator on the faculty of a college or university specializing in the field of dietetics; and the private practice of dietetics; and (B) One member shall represent the public at large. (4) The position of the dietitian member of the board whose term has expired, who has been holding over as a member of the board for the longest period of time, who

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has served for the longest period of time on the board, and whose last name occurs first alphabetically shall terminate on the effective date of this Act. (b) The Georgia Board of Examiners of Licensed Dietitians existing immediately prior to July 1, 1994, is continued in existence and shall continue to consist of seven members to be appointed by the Governor with the confirmation of the Senate. Members of the board shall take office on the first day of July immediately following the expired terms of that office and shall serve for a term of four years and until their successors are appointed and qualified. Those persons serving as members of the board immediately prior to July 1, 1994, shall continue to serve out their respective terms of office and until their respective successors are appointed and qualified. Any person appointed to the board when the Senate is not in session may serve on the board without Senate confirmation until the Senate acts on that appointment. No member shall serve on the board for more than two consecutive terms. Any vacancy shall be filled by the Governor subject to confirmation of the Senate."
SECTION 13. Said title is further amended by striking subsection (b) of Code Section 43-15-3, relating to the creation of the State Board of Registration for Professional Engineers and Land Surveyors, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b)(1) The Until the effective date of this Act, the board shall consist of six professional engineers, two land surveyors, and a member appointed from the public at large who has no connection with the professions of engineering and land surveying, all of whom shall be appointed by the Governor for a term of five years. Of the professional engineers appointed to the board, one shall be a structural engineer, one shall be a mechanical engineer, one shall be an electrical engineer, two shall be civil or sanitary engineers, and one shall be from any discipline of engineering. Each member of the board shall be a citizen of the United States and a resident of this state. The position of the professional engineer member of the board whose term has expired and who has been holding over as a member of the board for the longest period of time shall terminate on the effective date of this Act. (2) On and after the effective date of this Act, the board shall consist of five professional engineers, two land surveyors, and a member appointed from the public at large who has no connection with the professions of engineering and land surveying, all of whom shall be appointed by the Governor for a term of five years. Of the professional engineers appointed to the board, one shall be a structural engineer, one shall be a mechanical engineer, one shall be an electrical engineer, one shall be a civil or sanitary engineer, and one shall be from any discipline of engineering. Each member of the board shall be a citizen of the United States and a resident of this state."
SECTION 14. Said title is further amended by striking Code Section 43-18-21, relating to the composition of the State Board of Funeral Service, and inserting in lieu thereof a new

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Code Section 43-18-21 to read as follows: "43-18-21. (a)(1) The Until the effective date of this Act, the board shall consist of six members who shall be licensed and practicing funeral directors and embalmers with a minimum of five years as such in this state immediately preceding their appointment and one member who shall have no connection whatsoever with the funeral service industry but who shall have a recognized interest in consumer affairs and in consumer protection concerns. The position of the practicing funeral director and embalmer member of the board whose term has expired and who has been holding over as a member of the board for the longest period of time shall terminate on the effective date of this Act. (2) On and after the effective date of this Act, the board shall consist of five members who shall be licensed and practicing funeral directors and embalmers with a minimum of five years as such in this state immediately preceding their appointment and one member who shall have no connection whatsoever with the funeral service industry but who shall have a recognized interest in consumer affairs and in consumer protection concerns. (b) The members of the board shall be appointed by the Governor for terms of office of six years and all vacancies occurring on the board shall be filled by the Governor. When an appointment is made to fill a vacancy caused by death or resignation of a member, such appointment shall be for the remainder of the unexpired term of the member whose death or resignation caused the vacancy so filled. (c) A majority of the members of the board may remove any member who misses three or more consecutive regular meetings of the board without a medical reason and may declare that position on the board to be vacant. A member so removed shall not be eligible for reappointment until the expiration of the term of office for which such person was serving. The Governor shall have the power to remove from office any member of the board for willful neglect of duty or for conviction of a crime involving moral turpitude. (d) Those persons serving as members of the board immediately prior to April 11, 1990, shall continue to serve out the respective terms of office for which they were appointed and until their respective successors are appointed and qualified."
SECTION 15. Said title is further amended by striking subsections (a) and (d) of Code Section 43-19-4, relating to the creation of the State Board of Registration for Professional Geologists, and inserting in lieu thereof new subsections (a) and (d) to read as follows:
"(a)(1) A State Board of Registration for Professional Geologists is created, whose duty it shall be to administer this chapter. (2) The Until the effective date of this Act, the board shall be comprised of:
(1)(A) Five members who shall be geologists registered under this chapter, one of whom shall be an academic geologist, one a governmental geologist, one a salaried company geologist, one an independent or consultant geologist, and one a geologist

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at large; (2)(B) A sixth member who shall be appointed from the public at large and who shall have no connection whatsoever with the practice of professional geology; and (3)(C) The commissioner of natural resources, or his or her designated agent, as a permanent ex officio member. The position of the independent or consultant geologist member of the board shall terminate on the effective date of this Act. (3) On and after the effective date of this Act, the board shall be comprised of: (A) Four members who shall be geologists registered under this chapter, one of whom shall be an academic geologist, one a governmental geologist, one a salaried company geologist, and one a geologist at large; (B) A fifth member who shall be appointed from the public at large and who shall have no connection whatsoever with the practice of professional geology; and (C) The commissioner of natural resources, or his or her designated agent, as a permanent ex officio member." "(d) The members of the board provided for in paragraphs (1) subparagraphs (2)(A), (2)(B), and (3)(A) and (2) (3)(B) of subsection (a) of this Code section shall be appointed by the Governor for terms of five years and until their successors are appointed and qualified. The members of the board holding office on June 30, 1987, shall serve until the expiration of the term for which they were appointed and until their successors have been appointed and qualified. On Except for the position of the independent or consultant geologist, on the expiration of the term of any member, the members successor shall be appointed in like manner by the Governor for a term of five years."
SECTION 16. Said title is further amended by striking subsection (b) of Code Section 43-20-4, relating to the creation of the State Board of Hearing Aid Dealers and Dispensers, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b)(1) Members of the board shall be residents of the state. (2) Until the effective date of this Act, the The board shall consist of seven members; four of whom shall hold licenses issued by the board and shall have no less than three years experience as a hearing aid dispenser; one of whom shall be a diplomate or eligible for certification by the American Board of Otolaryngology and licensed to practice medicine in this state; one of whom shall be an audiologist licensed under Chapter 44 of this title; and one of whom shall be appointed from the public at large. The position of the hearing aid dispenser member of the board whose term has expired and who has been holding over as a member of the board for the longest period of time shall terminate on the effective date of this Act. (3) On and after the effective date of this Act, the board shall consist of six members; three of whom shall hold licenses issued by the board and shall have no less than three years experience as a hearing aid dispenser; one of whom shall be a diplomate or eligible for certification by the American Board of Otolaryngology and licensed to

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practice medicine in this state; one of whom shall be an audiologist licensed under Chapter 44 of this title; and one of whom shall be appointed from the public at large."
SECTION 17. Said title is further amended by striking Code Section 43-24-2, relating to the creation of the State Board for Certification of Librarians, and inserting in lieu thereof a new Code Section 43-24-2 to read as follows:
"43-24-2. (a) The State Board for the Certification of Librarians is created, to consist of six persons as follows:
(1) Three librarians certified under this chapter, including one public librarian, one special librarian, and one other currently practicing librarian, and one person who shall be a trustee of a public library; (2) A member to be appointed from the public at large who shall have no connection whatsoever with the library profession; and (3) The director of public library services of the Board of Regents of the University System of Georgia; provided, however, that the position of the public library trustee member shall terminate upon the end of such members term of office or upon such member ceasing to be a member of the board prior to the end of such term of office and there shall no longer be a requirement that the board have a member who is a trustee of a public library. Upon the occurrence of such event, no appointment shall be made and the board shall thereafter consist of five members appointed as provided in this Code section. (b) The members referred to in paragraphs (1) and (2) of subsection (a) of this Code section shall be appointed by the Governor and shall be confirmed by the Senate. (c) The With the exception of the public library trustee member, the terms of the five members appointed pursuant to paragraphs (1) and (2) of subsection (a) of this Code section shall be five years. The term of the director of public library services of the Board of Regents of the University System of Georgia shall be coextensive with the term of office of this position. (d) Members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. (e) If With the exception of the public library trustee member of the board, if there is a vacancy on the board, the Governor shall appoint a member to serve the unexpired term."
SECTION 18. Said title is further amended by striking Code Section 43-26-4, relating to the Georgia Board of Nursing, and inserting in lieu thereof a new Code Section 43-26-4 to read as follows:
"43-26-4. (a)(1) The There shall be the Georgia Board of Nursing existing immediately prior to April 4, 1990, is continued in existence and.

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(2) Until the effective date of this Act, the board shall continue to consist of eight members to be appointed by the Governor with the confirmation of the Senate. Members shall serve three-year terms and until their successors are duly appointed and qualified. Those persons serving as members of the board immediately prior to April 4, 1990, shall continue to serve out their respective terms of office and until their respective successors are appointed and qualified. The position of the registered nurse member of the board whose term has expired and who has been holding over as a member of the board for the longest period of time shall terminate on the effective date of this Act. (3) On and after the effective date of this Act, the board shall consist of seven members to be appointed by the Governor with the confirmation of the Senate. Members shall serve three-year terms and until their successors are duly appointed and qualified. (4) No member shall be appointed to more than two consecutive full terms, and for purposes of this limitation, an appointment to fill a vacancy for an unexpired term of two or more years shall constitute an appointment for a full term. (b) A vacancy on the board for any reason other than expiration of the term shall be filled for the remainder of the unexpired term by appointment of the Governor with the confirmation of the Senate. (c) Each of seven With the exception of the consumer member of the board, each members member appointed to the board shall be a registered professional nurse; shall have practiced nursing as a registered professional nurse for at least five years since graduation and immediately prior to appointment; shall be engaged in paid employment in clinical, educational, or administrative positions, or any combination thereof; shall be a citizen of the United States; and a resident of Georgia. The eighth One member shall be a consumer member appointed by the Governor. (d) No fewer than two members of the board shall hold masters or doctoral degrees or both. No fewer than two members of the board shall be currently employed in nursing service administration. No fewer than two members of the board shall be currently employed in professional nursing education. No two members of the board shall be employed by the same private school, school within the University System of Georgia, private employer, agency of state government, or another public employer. In the event a board member changes employment which causes a conflict with this subsection, the position of the member making such change shall be immediately vacant and a new member appointed to fill the vacancy. (e) The board shall meet annually and shall elect from its members a president, vice president, and other officers as deemed necessary. All officers shall serve for terms of one year and until their successors have been elected. The board may hold such other meetings during the year as necessary to transact its business."
SECTION 19. Said title is further amended by striking Code Section 43-26-34, relating to the creation of the Georgia Board of Examiners of Licensed Practical Nurses, and inserting in lieu

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thereof a new Code Section 43-26-34 to read as follows: "43-26-34. (a)(1) The There shall be the Georgia Board of Examiners of Licensed Practical Nurses. (2) Until the effective date of this Act, the board shall consist of seven members appointed by the Governor. The members in office on July 1, 1992, shall serve out the remainder of their respective terms and until their successors are appointed and qualified. The position of the licensed practical nurse member of the board whose term has expired and who has been holding over as a member of the board for the longest period of time shall terminate on the effective date of this Act. (3) On and after the effective date of this Act, the board shall consist of six members appointed by the Governor. (4) Members shall serve a three-year term and until their successors are duly appointed and qualified. No member shall be appointed to more than two consecutive full terms and, for the purpose of this limitation, an appointment to fill a vacancy for an unexpired term which exceeds two full years shall constitute an appointment for a full term. (b) A vacancy on the board for any reason other than expiration of the term shall be filled for the remainder of the unexpired term by appointment of the Governor. Vacancies shall be filled in a timely manner. (c) Each of the seven members appointed to the board shall be a citizen of the United States and a resident of Georgia. One member shall be a registered professional nurse who is currently engaged in practical nurse education and has been a graduate of an accredited or approved school of nursing for a minimum of five years. One member shall be a nurse currently serving in an administrative position in a hospital or nursing home and who is a graduate of an accredited or approved nursing program. One member shall be a consumer. The remaining four members shall be licensed practical nurses and graduates of an accredited or approved school of practical nursing. All members except the consumer shall have a current license in good standing, at least three years experience in nursing, and shall be currently employed in the health care delivery system. In order to have equal representation of the board members, consideration in selection should be given for geographical location and areas of specialty. (d) No two members of the current board shall be employed by the same private school, school within the Georgia Department of Technical and Adult Education, private employer, agency of state government, or other public employer. In the event a board member changes employment which causes a conflict defined by this subsection, the position of the member making the change shall be immediately vacant and a new member appointed to fill the vacancy. (e) The board shall meet a minimum of six times a year and may have called meetings upon notice issued by its chairman chairperson. (f) The members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2."

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SECTION 20. Said title is further amended by striking Code Section 43-27-2, relating to the creation of the State Board of Nursing Home Administrators, and inserting in lieu thereof a new Code Section 43-27-2 to read as follows:
"43-27-2. (a) There is created the State Board of Nursing Home Administrators, which, until the effective date of this Act, shall consist of 13 members, none of whom may be employees of the United States government or of this state, and the commissioner of human resources or his or her designee, who shall serve as ex officio member of the board, and the commissioner of community health or his or her designee, who shall serve as ex officio member of the board. The members of the board shall be appointed by the Governor and confirmed by the Senate, as follows:
(1) One member who is a licensed medical doctor in this state and who is not a nursing home administrator or pecuniarily interested in any nursing home; (2) One member who is a registered nurse in this state and who is not a nursing home administrator or pecuniarily interested in any nursing home; (3) One member who is an educator with a graduate degree and specializing in the field of gerontology and who is not a nursing home administrator or pecuniarily interested in any nursing home; (4) Three members of the public at large who are not nursing home administrators or pecuniarily interested in any nursing home or have any connection with the nursing home industry whatsoever. Two of these three public-at-large positions shall be appointed from a list of three persons for each of these two positions submitted by the Board of Human Resources. The Governor is vested with complete discretion in appointing the third member for one of these three public-at-large positions; (5) One member who is a hospital administrator in this state, who is the holder of a masters degree in hospital administration, and who is not a nursing home administrator or pecuniarily interested in any nursing home; and (6) Six members, at least one of whom shall represent nonproprietary nursing homes, who are licensed nursing home administrators in this state; provided, however, that the position of the licensed nursing home administrator member who, on the effective date of this Act, has served the longest on the board and whose term will end the earliest of the licensed nursing home administrators serving as members of the board shall terminate upon the end of such members term of office or upon such member ceasing to be a member of the board prior to the end of such term of office. Upon the occurrence of such event, no appointment shall be made and the board shall thereafter consist of 12 members appointed as provided in this Code section with five members who shall be licensed nursing home administrators. (b) The term for all members shall be three years from the date of appointment. A member may be removed as provided in Code Section 43-1-17. All vacancies shall be filled by the Governor for the unexpired terms in accordance with the requirements for appointment to the vacant position."

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SECTION 21. Said title is further amended by striking subsection (b) of Code Section 43-28-4, relating to the creation of the State Board of Occupational Therapy, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The board shall consist of six members who shall be appointed by the Governor and confirmed by the Senate; provided, however, that the position of the licensed occupational therapist member, on the effective date of this Act, whose term will end the earliest of the licensed occupational therapists serving as members of the board and whose last name occurs first alphabetically shall terminate upon the end of such members term of office or upon such member ceasing to be a member of the board prior to the end of such term of office. Upon the occurrence of such event, no appointment shall be made and the board shall thereafter consist of five members appointed as provided in this Code section with four members who shall be licensed occupational therapists. The members of the board shall be citizens of the United States and residents of this state for at least one year prior to their appointment. Five With the exception of the public at-large member, the members of the board shall have been engaged in rendering services to the public, teaching, or research in occupational therapy for at least three years immediately preceding their appointment and may be occupational therapists or occupational therapy assistants and shall at all times be holders of valid licenses for the practice of occupational therapy in this state. All of such members shall fulfill the requirements for licensure of this chapter. The sixth One member of the board shall be appointed from the public at large and shall have no connection whatsoever with the profession or practice of occupational therapy."
SECTION 22. Said title is further amended by striking subsection (a) of Code Section 43-29-3, relating to the creation of the State Board of Dispensing Opticians, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a)(1) There is created the State Board of Dispensing Opticians, which board shall supervise the practice of dispensing opticians and enforce this chapter, which. (2) Until the effective date of this Act, the board shall be composed of five licensed dispensing opticians, each of whom shall be a resident of the state who has been engaged in the occupation of dispensing optician in the state for not less than five years preceding the time of his or her appointment, and one additional member who shall have no connection whatsoever with the trade or occupation of dispensing optician. The position of the dispensing optician member of the board whose term has expired and who has been holding over as a member of the board for the longest period of time shall terminate on the effective date of this Act. (3) On and after the effective date of this Act, the board shall be composed of four licensed dispensing opticians, each of whom shall be a resident of the state who has been engaged in the occupation of dispensing optician in the state for not less than five years preceding the time of his or her appointment, and one additional member who shall have no connection whatsoever with the trade or occupation of dispensing

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optician."
SECTION 23. Said title is further amended by striking Code Section 43-30-2, relating to the creation of the State Board of Optometry, and inserting a new Code Section 43-20-2 to read as follows:
"43-30-2. (a)(1) It shall be the duty of the Governor to appoint a State Board of Optometry to consist of six members. This board shall be appointed by the Governor and styled the "State Board of Optometry.". (2) Until the effective date of this Act, the board shall consist of six members appointed as provided in this Code section. The position of the optometrist member of the board whose term has expired and who has been holding over as a member of the board for the longest period of time shall terminate on the effective date of this Act. (3) On and after the effective date of this Act, the board shall consist of five members appointed as provided in this Code section. (4) All appointments to the board shall be subject to the confirmation of the Senate. One of the members shall be appointed from the public at large and shall have no connection whatsoever with the profession or practice of optometry. The remaining five members shall be persons who have been actively engaged in the practice of optometry in the state for five years immediately preceding such appointment, shall be registered as optometrists under this chapter, and shall be qualified to use pharmaceutical agents for diagnostic and treatment purposes as authorized under this chapter.
(b) No person shall be eligible for appointment to the board who is connected in any way with a school teaching optometry or who sells optical goods at wholesale."
SECTION 24. Said title is further amended by striking Code Section 43-33-5, relating to the appointment of members of the State Board of Physical Therapy, and inserting in lieu thereof a new Code Section 43-33-5 to read as follows:
"43-33-5. (a) The Until the effective date of this Act, the board shall consist of eight members, as provided in Code Section 43-33-6, each of whom shall be appointed by the Governor and confirmed by the Senate for a term of three years and until a successor is appointed and qualified. The position of the physical therapist member of the board whose term has expired and who has been holding over as a member of the board for the longest period of time shall terminate on the effective date of this Act. (b) On and after the effective date of this Act, the board shall consist of seven members, as provided in Code Section 43-33-6, each of whom shall be appointed by the Governor and confirmed by the Senate for a term of three years and until a successor is appointed and qualified.

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(c) Vacancies on the board shall be filled by the Governors appointment of a successor to serve out the unexpired term. The Governor, after notice and opportunity for hearing, may remove any member of the board for neglect of duty, incompetence, revocation or suspension of license of those licensee members, or other dishonorable conduct. No person shall serve consecutively more than two full terms as a member of the board."
SECTION 25. Said title is further amended by striking Code Section 43-33-6, relating to qualifications of members of the State Board of Physical Therapy, and inserting in lieu thereof a new Code Section 43-33-6 to read as follows:
"43-33-6. To be eligible for appointment to the board, a person must be a resident of this state. Six With the exception of the public at-large member, the members of the board shall be licensed as physical therapists under this chapter who have practiced or taught physical therapy for at least three years. At least one member shall be licensed and practicing as a physical therapist assistant for at least three years. The eighth One additional member shall be appointed from the public at large and shall have no business connection whatsoever with the practice or profession of physical therapy."
SECTION 26. Said title is further amended by striking subsection (a) of Code Section 43-38-4, relating to the creation of the Georgia Board of Private Detectives and Security Agencies, and inserting in lieu thereof a new Code Section 43-38-4 to read as follows:
"(a)(1) There is created the Georgia Board of Private Detective and Security Agencies. (2) Until the effective date of this Act, the The board shall consist of seven members, each of whom shall be appointed by the Governor. Each member shall serve for a term of four years. Four members shall be engaged in the contract private detective or contract private security business and shall have at least four years of experience in such business immediately preceding their appointment; provided, however, that on and after October 1, 1987, of which at least two members shall be engaged in the contract private security business. Two members shall be engaged in state, county, or municipal law enforcement and shall have at least four years of experience in governmental law enforcement immediately preceding their appointment; provided, however, that the positions on the board held by such members shall terminate on the effective date of this Act. One member shall be appointed from the public at large. (3) On and after the effective date of this Act, the board shall consist of six members, each of whom shall be appointed by the Governor. Each member shall serve for a term of four years. Four members shall be engaged in the contract private detective or contract private security business and shall have at least four years of experience in such business immediately preceding their appointment, of which at least two members shall be engaged in the contract private security business. One member

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shall be the director of the Georgia Bureau of Investigation or his or her designee. One member shall be appointed from the public at large. (4) At the first meeting of the board held each year, the members shall elect a chairman chairperson to serve for one year. The Governor may remove any member of the board for neglect of duty, incompetence, or other unethical or dishonorable conduct. After such removal or after the creation of a vacancy due to death, resignation, or ineligibility, the Governor shall appoint a successor to serve the unexpired term. Appointees to the board shall, immediately after their appointment, take and subscribe to a written oath or affirmation required by law for all public officers."
SECTION 27. Said title is further amended by striking Code Section 43-39-2, relating to the creation of the State Board of Examiners of Psychologists, and inserting in lieu thereof a new Code Section 43-39-2 to read as follows:
"43-39-2. (a) There is created a State Board of Examiners of Psychologists, to. (b) Until the effective date of this Act, the board shall consist of six members who shall be appointed by the Governor under conditions set forth in this chapter. The position of the psychologist member of the board whose term has expired and who has been holding over as a member of the board for the longest period of time shall terminate on the effective date of this Act. (c) On and after the effective date of this Act, the board shall consist of five members who shall be appointed by the Governor under conditions set forth in this chapter. (d) No member of the board shall be liable to civil action for any act performed in good faith in the performance of that members duties as prescribed by law."
SECTION 28. Said title is further amended by striking Code Section 43-39-3, relating to the appointment of members of the State Board of Examiners of Psychologists, and inserting in lieu thereof a new Code Section 43-39-4 to read as follows:
"43-39-3. (a)(1) The Governor shall appoint members to serve on the board so that the. (2) Until the effective date of this Act, the board shall at all times be composed of five members who are persons licensed as psychologists under this chapter and one consumer member who is not licensed as a psychologist under this chapter and who has no connection whatsoever with the practice or profession of psychology. (3) On and after the effective date of this Act, the board shall be composed of four members who are persons licensed as psychologists under this chapter and one consumer member who is not licensed as a psychologist under this chapter and who has no connection whatsoever with the practice or profession of psychology.
(b) All six members of the board shall serve for terms of five years and until their successors are appointed and qualified. Vacancies on the board shall be filled by the

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Governor for the unexpired term in the same manner as the original appointment, and members shall serve until their successors are appointed and qualified. Any board member may be removed after notice and hearing for incompetence, neglect of duty, malfeasance in office, or commission of a crime involving moral turpitude."
SECTION 29. Said title is further amended by striking subsection (a) of Code Section 43-44-4, relating to the creation of the State Board of Examiners for Speech-Language Pathology and Audiology, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a)(1) The State Board of Examiners for Speech Pathology and Audiology existing on June 30, 1987, is abolished and there There is created beginning July 1, 1987, and continuing thereafter the State Board of Examiners for Speech-Language Pathology and Audiology which shall succeed to all of that abolished boards powers, duties, and responsibilities which are not inconsistent with this chapter and which new board shall be composed of those members of the abolished board serving as such on June 30, 1987, which members shall serve out their respective terms of office and until their respective successors are appointed and qualified pursuant to this Code section. The board created by this Code section shall administer this chapter. (2) Until the effective date of this Act, the The board shall consist of seven members who shall be appointed by the Governor and shall be confirmed by the Senate. At least two of the members shall be licensed speech-language pathologists and at least two shall be licensed audiologists, all of whom shall have been engaged in rendering services to the public, teaching, or research in speech-language pathology or audiology for a period of at least three years immediately preceding their appointments. At least one member shall be a board certified otolaryngologist of this state. At least one member shall be a lay person representing the public. The position of the speech-language pathologist member of the board who has served as a member of the board for the longest period of time shall terminate on the effective date of this Act. (3) On and after the effective date of this Act, the board shall consist of six members who shall be appointed by the Governor and shall be confirmed by the Senate. At least two of the members shall be licensed speech-language pathologists and at least two shall be licensed audiologists, all of whom shall have been engaged in rendering services to the public, teaching, or research in speech-language pathology or audiology for a period of at least three years immediately preceding their appointments. At least one member shall be a board certified otolaryngologist of this state. At least one member shall be a lay person representing the public. (4) All members shall be residents of this state and shall have been residents of this state for at least one year prior to their appointments."
SECTION 30. Said title is further amended by striking Code Section 43-47-3, relating to the creation of the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle

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Parts Dealers, and inserting in lieu thereof a new Code Section 43-47-3 to read as follows:
"43-47-3. (a)(1) There is created a State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers. (2) Until the effective date of this Act, the The board shall be comprised of 15 members: (1)(A) Three members shall be independent used car dealers; (2)(B) Three members shall be appointed from the public at large and shall have no connection whatsoever with the sale of used cars or parts; (3)(C) The commissioner of motor vehicle safety, or a designated agent, shall be a permanent ex officio member and shall be authorized to vote on all matters before the board; (4)(D) The administrator of Part 2 of Article 15 of Chapter 1 of Title 10, the "Fair Business Practices Act of 1975," or a designated agent, shall be a permanent ex officio member and shall be authorized to vote on all matters before the board; (5)(E) One member shall be a representative of the automobile auction industry; (6)(F) One member shall be an auto salvage pool operator; (7)(G) Two members shall be used motor vehicle parts dealers who are not rebuilders; (8)(H) One member shall be a rebuilder; (9)(I) One member shall be a pawnbroker as defined in Code Section 44-12-130 who is in the business of pawning automobile titles and is licensed as a used car dealer; and (10)(J) One member shall be a representative of the automobile insurance industry. The position of the independent used car dealer member of the board whose term has expired and who has been holding over as a member of the board for the longest period of time shall terminate on the effective date of this Act. (3) On and after the effective date of this Act, the board shall be comprised of 14 members: (A) Two members shall be independent used car dealers; (B) Three members shall be appointed from the public at large and shall have no connection whatsoever with the sale of used cars or parts; (C) The commissioner of motor vehicle safety, or a designated agent, shall be a permanent ex officio member and shall be authorized to vote on all matters before the board; (D) The administrator of Part 2 of Article 15 of Chapter 1 of Title 10, the "Fair Business Practices Act of 1975," or a designated agent, shall be a permanent ex officio member and shall be authorized to vote on all matters before the board; (E) One member shall be a representative of the automobile auction industry; (F) One member shall be an auto salvage pool operator; (G) Two members shall be used motor vehicle parts dealers who are not rebuilders; (H) One member shall be a rebuilder;

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(I) One member shall be a pawnbroker as defined in Code Section 44-12-130 who is in the business of pawning automobile titles and is licensed as a used car dealer; and (J) One member shall be a representative of the automobile insurance industry. (b) The appointed members of the board referred to in paragraphs (1), (2), (5), (6), (7), (8), (9), and (10) subparagraphs (A), (B), (E), (F), (G), (H), (I), and (J) of paragraph (2) of subsection (a) of this Code section shall be appointed by the Governor and shall take office on July 1, 1995, or as soon thereafter as appointed. The initial terms of those 13 appointed members shall expire as follows: three on June 30, 1996; three on June 30, 1997; three on June 30, 1998; and four on June 30, 1999. Thereafter, the appointed members of the board shall serve terms of four years. All members shall be residents of this state. No more than two of the appointed members shall be from the same congressional district. The terms of the two ex officio members shall be coextensive with their terms of office. (c) Any vacancies on the board shall be filled by the Governor for the remainder of the unexpired term. The members of the board shall annually elect one of their number to serve as chairperson for a term of two years. The board chairperson shall not also serve contemporaneously as the chairperson of either division under this chapter. The first term as chairperson of the board shall be served by a member or members elected from either division under this chapter; thereafter, the chairperson for each succeeding term shall not be elected from the same division as that of the chairperson from the immediately preceding term. In the event a chairperson of the board is unable to complete his or her term, his or her successor for the remainder of the term shall be elected from the same division as was the chairperson who is unable to complete the term. The chairperson of the board shall be an ex officio member of both divisions under this chapter,; however, the chairperson of the board shall not be counted for purposes of determining whether a quorum is present in the division meeting for the division in which he or she is not a regular member. (d)(1) The board shall be composed of two divisions, a used car division and a used parts division. (2) The members of the used car division shall be the three independent used car dealers, two of the members from the public at large, the commissioner of motor vehicle safety or a designated agent, the administrator of Part 2 of Article 15 of Chapter 1 of Title 10, the "Fair Business Practices Act of 1975," or a designated agent, the representative of the automobile auction industry, and the pawnbroker. All powers and duties relating to used car dealers which are not specifically reserved to the board shall be assigned to the used car division. The used car division shall elect one of its members to serve as chairperson of the division for a period of one year. (3) The members of the used parts division shall be the third member from the public at large, the commissioner of motor vehicle safety or a designated agent, the auto salvage pool operator, the two used motor vehicle parts dealers who are not rebuilders, the rebuilder, and the representative of the automobile insurance industry. All powers and duties relating to used parts dealers which are not specifically

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JOURNAL OF THE HOUSE

reserved to the board shall be assigned to the used parts division. The used parts division shall elect one of its members to serve as chairperson of the division for a period of one year. (4) The chairperson of the board shall determine which of the two members from the public at large will serve in the used car division and which shall serve in the used parts division."
SECTION 31. Said title is further amended by striking subsection (a) of Code Section 43-50-20, relating to the creation of the State Board of Veterinary Medicine, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a)(1) 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. (2) Until the effective date of this Act, the The board shall consist of six members, each appointed for a term of five years or until his or her successor is appointed. The position of the veterinarian member of the board whose term has expired and who has been holding over as a member of the board for the longest period of time shall terminate on the effective date of this Act. (3) On and after the effective date of this Act, the board shall consist of five members, each appointed for a term of five years or until his or her successor is appointed. (4) With the exception of the public at-large member, the 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 One additional 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 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, shall continue to serve as members of the board until the expiration of the term for which they were appointed. Thereafter, successors Successors to such board members shall be appointed in accordance with this Code section."
SECTION 32. Said title is further amended by striking subsection (a) of Code Section 43-51-3, relating to the creation of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a)(1) There is created the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts. (2) The board shall be composed of six members to be appointed by the Governor; provided, however, that the position of the member, on the effective date of this Act, who is a consultant in the field of water supply and water pollution control or who is

THURSDAY, MARCH 27, 2003

1727

engaged in teaching or administering courses in water supply and water pollution control in an educational institution in this state shall terminate upon the end of such members term of office or upon such member ceasing to be a member of the board prior to the end of such term of office. Upon the occurrence of such event, no appointment shall be made and the board shall thereafter consist of five members appointed as provided in this Code section. (3) The appointments shall be made as follows: one member from the technical staff of the Environmental Protection Division of the Department of Natural Resources; one member who is a currently employed public water supply system operator holding a valid certificate of the highest classification issued by the board; one member who is a currently employed wastewater treatment plant operator holding a valid certificate of the highest classification issued by the board; one member who is an employee of a municipality or county required to employ a certified operator and who holds the position of municipal or county manager, engineer, director of public works, or director of water supply and water pollution control; and one member who is a consultant in the field of water supply and water pollution control or who is engaged in teaching or administering courses in water supply and water pollution control in an educational institution in this state; provided, however, that upon the termination of the position of the member who, on the effective date of this Act, is a consultant in the field of water supply and water pollution control or who is engaged in teaching or administering courses in water supply and water pollution control in an educational institution in this state no further appointment shall be made for such position as provided in this Code section. The sixth One additional member shall be appointed from the public at large and shall have no connection whatsoever with the water and wastewater treatment industry. The initial term for the member appointed from the public at large shall expire June 30, 1984; thereafter, the The Governor shall appoint successors to the public at-large position for a term of four years. The other five members of the board shall serve four-year terms, which terms shall be staggered so that the terms of two members shall expire one year and the term of one member shall expire in each of the following three four years. No member of the board may serve more than two consecutive full terms."
SECTION 33. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 34. All laws and parts of laws in conflict with this Act are repealed.

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

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JOURNAL OF THE HOUSE

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers
Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin
Gardner Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane E Lewis Y Lord Y Lucas E Lunsford Y Maddox E Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall
McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C E Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes
Stoner Y Teilhet Y Teper
Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R N Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 163, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 397. By Representatives Barnes of the 84th, Post 2, Wix of the 33rd, Post 1, Hill of the 81st, Dodson of the 84th, Post 1 and Buckner of the 82nd:
A BILL to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official

THURSDAY, MARCH 27, 2003

1729

Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide an affirmative defense for the unauthorized possession of firearms or other deadly weapons at public gatherings; to amend Part 2 of Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to transportation passenger safety, so as to provide for exceptions to certain prohibitions; and for other purposes.

The report of the Committee, which was favorable to the 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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks
Broome Y Brown N Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas
Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas
Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin
Gardner Y Golick
Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane E Lewis Y Lord Y Lucas E Lunsford Y Maddox E Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock
Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C E Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson Y Stokes
Stoner Y Teilhet Y Teper
Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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JOURNAL OF THE HOUSE

On the passage of the Bill, the ayes were 162, nays 1. The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the rules were suspended in order that the following Bills and Resolution of the House could be introduced, read the first time and referred to the Committees:

HB 891. By Representatives Ehrhart of the 28th, Lucas of the 105th, Stephens of the 123rd, Teper of the 42nd, Post 1, Benfield of the 56th, Post 1 and others:
A BILL to revise provisions relating to bona fide coin operated amusement machines; to amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling, so as to change the definition of a gambling device; to delete a provision that requires redemption of evidence of winnings from certain bona fide coin operated amusement machines on the premises where the game or device is located; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue, so as to repeal Chapter 17, relatring to bona fide coin operated amusement machines; to correct cross-references; to amend Chapter 27 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Lottery for Education Act"; and for other purposes.

Referred to the Committee on Regulated Industries.

HB 892. By Representative Jenkins of the 93rd:
A BILL to amend Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, so as to authorize the charging and collection of a $50.00 fee for applications submitted by nonindigent adult offenders seeking to transfer their supervision to another state or territory; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 893. By Representative Lane of the 101st:

THURSDAY, MARCH 27, 2003

1731

A BILL to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to provide for legislative findings; to provide for definitions; to provide for certain certifications by tobacco manufacturers; to provide for a directory data base of certifying tobacco manufacturers; to establish a prohibition against sales by tobacco manufacturers not included in the directory data base; to require an in state agent for service of process; to provide for reporting requirements; to provide for penalties; to provide for administrative review; to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, so as to prohibit the sale of certain cigarettes; and for other purposes.

3/27/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 893. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Lane District 101

Referred to the Committee on Regulated Industries.

HB 894. By Representative Morris of the 120th:
A BILL to amend Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to sale or distribution to, or possession by, minors of cigarettes and tobacco related objects, so as to provide for definitions; to provide for age verification, notice, shipping, registration, and reporting requirements; to provide for collection of taxes; and for other purposes.

3/27/2003 Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes

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JOURNAL OF THE HOUSE

notice of a motion to engross HB 894. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Morris District 120

Referred to the Committee on Regulated Industries.

HB 895. By Representatives Stanley-Turner of the 43rd, Post 2, McClinton of the 59th, Post 1, Anderson of the 100th, Benfield of the 56th, Post 1 and Teper of the 42nd, Post 1:
A BILL to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide that the governing authorities of such political subdivisions may license and regulate the operation of rock quarries; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HR 590. By Representative Jenkins of the 93rd:
A RESOLUTION designating the Fred Emory Smith Memorial Bridge; and for other purposes.

3/27/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 590. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Jenkins District 93

Referred to the Committee on Transportation.

THURSDAY, MARCH 27, 2003

1733

HR 591. By Representatives Mobley of the 58th, Watson of the 60th, Post 2, Maddox of the 59th, Post 2, Stephenson of the 60th, Post 1, Oliver of the 56th, Post 2 and others:
A RESOLUTION designating the Judge Jim Weeks Intersection; and for other purposes.

3/27/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 591. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Mobley District 58

Referred to the Committee on Transportation.

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

HB 721. By Representatives Jenkins of the 93rd, Crawford of the 91st, Snow of the 1st, Moraitakis of the 42nd, Post 4, Harbin of the 80th and others:
A BILL to amend Code Section 33-24-57.1 of the Official Code of Georgia Annotated, relating to health insurance identification cards, so as to prohibit insurers from using the insured's social security number for any purpose or in any manner on such card; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 33-24-57.1 of the Official Code of Georgia Annotated, relating to health insurance identification cards, so as to prohibit insurers from using the insureds

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JOURNAL OF THE HOUSE

social security number for any purpose or in any manner on such card; to provide for related matters; 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 33-24-57.1 of the Official Code of Georgia Annotated, relating to health insurance identification cards, is amended by adding a new subsection (f) to read as follows:
"(f) Insurance identification cards issued by any insurer under this Code section on and after July 1, 2004, shall not use or display the insureds social security number for any purpose or in any manner on such card."
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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane E Lewis Y Lord Y Lucas E Lunsford Y Maddox E Mangham

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice
Richardson

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L
Walker, R.L Y Warren

Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

THURSDAY, MARCH 27, 2003

Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Roberts, J Y Roberts, L Y Rogers, C E Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

1735
Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 172, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, further consideration of HB 196 was postponed until the next legislative day.

By unanimous consent, further consideration of HB 619 was postponed until the next legislative day.

Representative Ray of the 108th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:

Mr. Speaker:

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

HB 569 Do Pass HB 724 Do Pass, by Substitute

HB 757 Do Pass HB 798 Do Pass

Respectfully submitted, /s/ Ray of the 108th
Chairman

Representative Powell of the 23rd District, Chairman of the Committee on

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JOURNAL OF THE HOUSE

Governmental Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 628 Do Pass, by Substitute

Respectfully submitted, /s/ Powell of the 23rd
Chairman

The following Resolutions of the House were read and adopted:

HR 592. By Representatives Snow of the 1st, Boggs of the 145th, Jenkins of the 93rd and Coleman of the 118th:
A RESOLUTION commending Robert R. Sharp; and for other purposes.

HR 593. By Representatives McBee of the 74th, Porter of the 119th, Buck of the 112th and Smyre of the 111th:
A RESOLUTION expressing regret at the passing of Regent John Hunt; and for other purposes.

HR 594. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3, Porter of the 119th, Buck of the 112th and Smyre of the 111th:
A RESOLUTION expressing regret at the loss of Dr. Spurgeon William Clark, Jr.; and for other purposes.

HR 595. By Representatives Snow of the 1st, Reece of the 11th, Joyce of the 2nd, Forster of the 3rd, Post 1 and Coleman of the 118th:
A RESOLUTION commending and congratulating Shirley White; and for

THURSDAY, MARCH 27, 2003 other purposes.

1737

HR 596. By Representative Jenkins of the 93rd: Recognizing and commending Brendan Scott Walker; and for other purposes.

HR 597. By Representatives Smith of the 76th, McBee of the 74th, Heard of the 75th and Douglas of the 73rd:
Recognizing and commending Honorable Joseph J. Gaines; and for other purposes.

HR 598. By Representatives Marin of the 66th and Floyd of the 69th, Post 2:
A RESOLUTION commending the Istanbul Cultural Center; and for other purposes.

HR 599. By Representatives Marin of the 66th and Floyd of the 69th, Post 2:
A RESOLUTION commending Soy Unica! Soy Latina!; and for other purposes.

HR 600. By Representatives Mangham of the 62nd, Stephenson of the 60th, Post 1, Greene-Johnson of the 60th, Post 3, Watson of the 60th, Post 2 and Bunn of the 63rd:
A RESOLUTION expressing sorrow at the loss of Jamaal Addison and honoring the memory of this brave soldier; and for other purposes.

Representative Royal of the 140th District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

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JOURNAL OF THE HOUSE

HB 531 Do Pass, by Substitute HB 709 Do Pass

HB 736 Do Pass, by Substitute HB 748 Do Pass

Respectfully submitted, /s/ Royal of the 140th
Chairman

The Speaker announced the House in recess until 5:30 P.M., at which time the House will stand adjourned until 10:00 o'clock A.M. the next legislative day.

FRIDAY, MARCH 28, 2003 Representative Hall, Atlanta, Georgia
Friday, March 28, 2003

1739

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 Rev. Philip Vestal, Pastor, Harlem Baptist Church, Harlem, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, 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.

1740

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 870. By Representatives Boggs of the 145th, Snow of the 1st, Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A BILL to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry a pistol or revolver and temporary renewal permit, so as to provide that a person serving as a law enforcement officer may obtain such a license without paying a fee; and for other purposes.

Referred to the Committee on Public Safety.

HB 871. By Representatives Richardson of the 26th, Heath of the 18th and Maxwell of the 27th:
A BILL to amend an Act creating the Board of Commissioners of Paulding County, so as to revise the districts for the election of members of the board; and for other purposes.

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

HB 872. By Representatives Massey of the 24th, Oliver of the 56th, Post 2 and Benfield of the 56th, Post 1:
A BILL to amend Code Section 40-5-54.1 of the Official Code of Georgia Annotated, relating to denial or suspension of license for noncompliance with child support order, so as to provide for the removal of the record stating that a person is not in compliance with an order for child support and any record of revocation or suspension of such person's license which resulted from such noncompliance upon reinstatement of such person's license; and for other purposes.

Referred to the Committee on Motor Vehicles.

FRIDAY, MARCH 28, 2003

1741

HB 873. By Representatives McBee of the 74th and Cummings of the 19th:
A BILL to amend Code Section 47-3-89 of the Official Code of Georgia Annotated, relating to credit in the Teachers Retirement System of Georgia for service rendered in governmentally supported or operated schools other than the public schools in Georgia and payments required to obtain credit for such service, so as to provide that such credit may be obtained for service used to compute certain federal benefits; and for other purposes.

Referred to the Committee on Retirement.

HB 874. By Representatives Massey of the 24th and Elrod of the 25th:
A BILL to amend an Act re-creating and establishing a Board of Commissioners of Barrow County, so as to provide for technical corrections with respect to reapportionment of districts for the election of members of the board of commissioners; and for other purposes.

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

HB 875. By Representatives Smith of the 76th, Harbin of the 80th, Burkhalter of the 36th, Lewis of the 12th, Roberts of the 131st and others:
A BILL to amend Code Section 45-12-75.1 of the Official Code of Georgia Annotated, relating to annual continuation budget reports applicable to state agencies, so as to provide that each budget unit which will be included in the continuation budget report for any year shall be required to justify every program operated under the budget unit; to provide that in any such year that a budget unit is included in the continuation budget report, the budget unit shall begin with a zero based budget; and for other purposes.

Referred to the Committee on Appropriations.

HB 876. By Representatives Massey of the 24th and Elrod of the 25th:
A BILL to amend an Act providing authority for members of the Board of Education of Barrow County, so as to provide for technical corrections with

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JOURNAL OF THE HOUSE
respect to reapportionment of districts for the election of members of the board of education; and for other purposes.

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

HB 877. By Representative DeLoach of the 127th:
A BILL to amend Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to employment of school personnel, so as to change certain provisions relating to the regulation of certificated professional personnel by the Professional Standards Commission; to change certain provisions relating to annual performance evaluations and salary schedules; and for other purposes.

Referred to the Committee on Education.

HB 878. By Representative Crawford of the 91st:
A BILL to amend Code Section 47-2-262 of the Official Code of Georgia Annotated, relating to membership of assistant district attorneys and employees of the Prosecuting Attorneys' Council of the State of Georgia in the Employees' Retirement System of Georgia, notice of election, and contributions, so as to provide for members who were required to become members of the Employees' Retirement System of Georgia as a matter of law but who failed to do so because of an administrative error; and for other purposes.

Referred to the Committee on Retirement.

HB 879. By Representative Porter of the 119th:
A BILL to amend Code Section 15-10-60 of the Official Code of Georgia Annotated, relating to the applicability of the article on violation of ordinances of county and state authorities and imposition of suspended sentences, so as to provide for increased jail punishment; and for other purposes.

FRIDAY, MARCH 28, 2003 Referred to the Committee on Special Judiciary.

1743

HB 880. By Representative Porter of the 119th:
A BILL to amend an Act providing a charter for the City of East Dublin, so as to change the corporate limits of the city; and for other purposes.

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

HB 881. By Representatives Porter of the 119th and Oliver of the 56th, Post 2:
A BILL to amend Code Section 12-5-23 of the Official Code of Georgia Annotated, relating to the powers and duties of the Board of Natural Resources and the director of the Environmental Protection Division of the Department of Natural Resources as to the control of water pollution and surface-water use generally, so as to provide that any time the director learns that any waters of the state are unsafe for recreation that includes contact with the water, he or she shall cause signage to be erected; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 882. By Representatives Drenner of the 57th, Barnard of the 121st, Post 1, McCall of the 78th and Rogers of the 20th:
A BILL to amend Code Section 12-8-24 of the Official Code of Georgia Annotated, relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and inspection of solid waste generators, so as to change certain provisions relating to permit modifications; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 883. By Representative Borders of the 142nd: A BILL to amend Chapter 8 of Title 48 of the Official Code of Georgia

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JOURNAL OF THE HOUSE
Annotated, relating to sales and use taxes, so as to provide for the levy and collection of a special purpose local option sales and use tax; and for other purposes.

Referred to the Committee on Ways & Means.

HB 884. By Representatives Dukes of the 136th and Fludd of the 48th, Post 4:
A BILL to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to the parent and child relationship in general, so as to change provisions relating to grandparents' visitation rights; and for other purposes.

Referred to the Committee on Judiciary.

HB 887. By Representatives Smith of the 76th, Willard of the 40th and Burkhalter of the 36th:
A BILL to amend Article 8 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to provisional and final remedies and special proceedings under the "Georgia Civil Practice Act," so as to provide that any party who rejects an offer of settlement more favorable than the judgment finally obtained in civil actions shall pay the reasonable costs incurred by the offeror after the making of the offer; and for other purposes.

Referred to the Committee on Judiciary.

HB 888. By Representative Hudson of the 95th: A BILL to provide that future elections for the office of probate judge of McDuffie County shall be nonpartisan elections; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 889. By Representatives Harrell of the 54th, Snow of the 1st, Henson of the 55th, Mobley of the 58th, Mosby of the 59th, Post 3 and others:

FRIDAY, MARCH 28, 2003

1745

A BILL to amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, the "Natural Gas Competition and Deregulation Act," so as to change certain provisions relating to the regulated provider; to provide for a third group of consumers eligible for commodity service from the regulated provider; and for other purposes.

Referred to the Committee on Public Utilities & Telecommunications.

HB 890. By Representatives Fludd of the 48th, Post 4, Beasley-Teague of the 48th, Post 2, Lunsford of the 85th, Post 2, Heckstall of the 48th, Post 3, Holmes of the 48th, Post 1 and others:
A BILL to amend an Act providing a new charter for the Town of Tyrone, so as to change the terms of office of the mayor and council and election provisions relating thereto; and for other purposes.

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

HB 896. By Representatives Black of the 144th, Borders of the 142nd and Shaw of the 143rd:
A BILL to amend and supersede the laws pertaining to the governing authority of Lowndes County; to provide for a Board of Commissioners of Lowndes County; and for other purposes.

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

HR 563. By Representatives Drenner of the 57th, Benfield of the 56th, Post 1, Henson of the 55th, Gardner of the 42nd, Post 3 and Dooley of the 33rd, Post 3:
A RESOLUTION recognizing mental illness and suicide in youth as state public health crises and encouraging evidence based initiatives to screen children and adolescents for mental disorders in order to identify illness and prevent suicide among youth; and for other purposes.

Referred to the Committee on Health and Human Services.

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JOURNAL OF THE HOUSE

HR 564. By Representatives Smith of the 76th, Casas of the 68th, Harbin of the 80th, Westmoreland of the 86th, Burkhalter of the 36th and others:
A RESOLUTION urging the United States Senate to confirm the nomination of Miguel A. Estrada to the United States Court of Appeals for the District of Columbia Circuit; and for other purposes.

Referred to the Committee on Judiciary.

HR 565. By Representatives Ehrhart of the 28th and Richardson of the 26th:
A RESOLUTION creating the Clarence Thomas Tribute Commission; and for other purposes.

Referred to the Committee on Rules.

HR 566. By Representatives Parrish of the 102nd, Coleman of the 118th, Morris of the 120th, Stephens of the 124th, Post 2, Skipper of the 116th and others:
A RESOLUTION urging the President of the United States and the presidents of the 33 other democratic nations of the Western Hemisphere to locate the Secretariat of the Free Trade Area of the Americas in Atlanta, Georgia, and declaring support; and for other purposes.

Referred to the Committee on Economic Development and Tourism.

HR 587. By Representatives Noel of the 44th, Black of the 144th, Borders of the 142nd, Thomas of the 33rd, Post 2, Harrell of the 54th and others:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the allocation and dedication of revenue from the sales of special license plates to a community greenspace preservation trust fund; and for other purposes.

Referred to the Committee on Ways & Means.

FRIDAY, MARCH 28, 2003

1747

HR 588. By Representatives Harrell of the 54th, Gardner of the 42nd, Post 3, Harbin of the 80th, Stephenson of the 60th, Post 1 and Bruce of the 45th:
A RESOLUTION creating the House Study Committee on Health Insurance Options for Small Businesses and Uninsured Working People; and for other purposes.

Referred to the Committee on Rules.

HR 589. By Representatives Stephens of the 124th, Post 2, Jackson of the 124th, Post 1, Stephens of the 123rd, Bordeaux of the 125th, Childers of the 13th, Post 1 and others:
A RESOLUTION designating the Dorothy B. Pelote Viaduct; and for other purposes.

3/27/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 589. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Stephens District 124, Post 2

Referred to the Committee on Transportation.

HR 601. By Representatives Jackson of the 124th, Post 1 and Bordeaux of the 125th:
A RESOLUTION urging the Board of Regents of the University System of Georgia to expand its teacher education program; and for other purposes.

Referred to the Committee on Higher Education.

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JOURNAL OF THE HOUSE

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

HB 829 HB 830 HB 831 HB 832 HB 833 HB 834 HB 835 HB 836 HB 837 HB 838 HB 839 HB 840 HB 841 HB 842 HB 843 HB 847 HB 848 HB 849 HB 850 HB 851 HB 852 HB 853 HB 854 HB 855 HB 856 HB 857 HB 861 HB 862 HB 863 HB 864 HB 865 HB 866 HB 867 HB 868 HB 869 HB 885 HB 886 HB 891 HB 892

HB 893 HB 894 HB 895 HR 546 HR 547 HR 558 HR 559 HR 561 HR 562 HR 590 HR 591 SB 45 SB 47 SB 51 SB 52 SB 55 SB 80 SB 81 SB 82 SB 101 SB 104 SB 105 SB 108 SB 113 SB 116 SB 132 SB 147 SB 148 SB 161 SB 168 SB 169 SB 173 SB 174 SB 178 SB 183 SB 192 SB 214 SB 255

FRIDAY, MARCH 28, 2003

1749

Pursuant to Rule 52, Representative Hill of the 16th moved that the following Bill of the House be engrossed:

HB 865. By Representatives Hill of the 16th and McBee of the 74th:

A BILL to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Funk Heritage/Bennett Center at Reinhardt College as Georgia's official Frontier and Southeastern Indian Interpretive Center; and for other purposes.

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

Y Amerson Anderson Ashe
Y Bannister Y Barnard
Barnes Beasley-Teague Y Benfield Y Birdsong Y Black Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Broome Y Brown Bruce Y Buck Y Buckner, D Buckner, G Y Bunn Y Burkhalter Y Burmeister Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix
Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd
Forster Franklin Y Gardner Golick Y Graves, D Y Graves, T Y Greene Greene-Johnson Y Hanner Harbin Harper Y Harrell Y Heard, J Y Heard, K Y Heath Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Hill, V
Y Hines Holmes
Y Houston Y Howard Y Howell
Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones
Jordan N Joyce Y Keen Y Knox Y Lane E Lewis
Lord Lucas Lunsford Maddox Mangham Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Millar Y Mills Y Mitchell

Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall
Ray Y Reece, B Y Reece, S E Rice
Richardson Y Roberts, J Y Roberts, L
Rogers, C E Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott
Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre
Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Y Stokes E Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson
Twiggs Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland N White Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

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JOURNAL OF THE HOUSE

On the motion the ayes were 130, nays 4. The motion prevailed.

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

HB 893. By Representative Lane of the 101st:

A BILL to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to provide for legislative findings; to provide for definitions; to provide for certain certifications by tobacco manufacturers; to provide for a directory data base of certifying tobacco manufacturers; to establish a prohibition against sales by tobacco manufacturers not included in the directory data base; to require an in state agent for service of process; to provide for reporting requirements; to provide for penalties; to provide for administrative review; to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, so as to prohibit the sale of certain cigarettes; and for other purposes.

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

N Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Barnes Beasley-Teague Y Benfield Y Birdsong Black Boggs Y Bordeaux Y Borders N Bridges Y Brock Y Brooks Y Broome N Brown Bruce Y Buck Y Buckner, D Buckner, G Bunn

N Day Dean
Y Deloach N Dix
Dodson N Dollar Y Dooley N Douglas Y Drenner
Dukes N Ehrhart Y Elrod Y Epps N Fleming Y Floyd, H
Floyd, J Y Fludd N Forster
Franklin Y Gardner N Golick
Graves, D N Graves, T

Y Hill, C.A Hill, V
N Hines Holmes
Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins N Jones
Jordan N Joyce N Keen N Knox Y Lane E Lewis
Lord Lucas Lunsford

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B N Reece, S

Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L
Smith, P Y Smith, T N Smith, V
Smyre Y Snow Y Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson Y Stokes E Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson
Twiggs Y Walker, L

N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B
Cooper Y Crawford
Cummings

FRIDAY, MARCH 28, 2003

Greene Y Greene-Johnson Y Hanner N Harbin
Harper Y Harrell Y Heard, J Y Heard, K N Heath
Heckstall Hembree Y Henson N Hill, C

Maddox Mangham N Manning Y Marin N Martin N Massey N Maxwell Y McBee Y McCall Y McClinton Millar N Mills Y Mitchell

E Rice Richardson
Y Roberts, J Roberts, L
Y Rogers, C E Rogers, Ch. Y Royal N Rynders Y Sailor N Scott Y Shaw N Sheldon Y Sholar

On the motion the ayes were 92, nays 47. The motion prevailed.

1751
Walker, R.L Y Warren
Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

Pursuant to Rule 52, Representative Morris of the 120th moved that the following Bill of the House be engrossed:

HB 894. By Representative Morris of the 120th:

A BILL to amend Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to sale or distribution to, or possession by, minors of cigarettes and tobacco related objects, so as to provide for definitions; to provide for age verification, notice, shipping, registration, and reporting requirements; to provide for collection of taxes; and for other purposes.

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

N Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Barnes Beasley-Teague Y Benfield Y Birdsong Y Black Boggs Y Bordeaux Y Borders N Bridges N Brock

N Day Dean
Y Deloach N Dix
Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart N Elrod Y Epps N Fleming Y Floyd, H

Y Hill, C.A Hill, V
N Hines Holmes
Y Houston N Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins N Jones
Jordan

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock
Parham Y Parrish Y Parsons

Y Sims Sinkfield Skipper
N Smith, B N Smith, L
Smith, P Y Smith, T N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes

1752
Y Brooks Y Broome N Brown
Bruce Y Buck Y Buckner, D
Buckner, G N Bunn N Burkhalter N Burmeister
Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Floyd, J Y Fludd N Forster
Franklin Y Gardner
Golick Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner N Harbin Harper Y Harrell N Heard, J Y Heard, K N Heath Heckstall Hembree Y Henson N Hill, C

N Joyce N Keen N Knox Y Lane E Lewis
Lord Lucas Lunsford Maddox Y Mangham N Manning Y Marin Martin N Massey N Maxwell Y McBee Y McCall Y McClinton Millar N Mills Y Mitchell

Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B N Reece, S E Rice
Richardson N Roberts, J
Roberts, L Y Rogers, C E Rogers, Ch. Y Royal N Rynders Y Sailor N Scott Y Shaw N Sheldon Y Sholar

On the motion the ayes were 92, nays 49. The motion prevailed.

E Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson
Twiggs Y Walker, L
Walker, R.L Y Warren
Watson N Westmoreland N White
Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

Pursuant to Rule 52, Representative Jamieson of the 22nd moved that the following Resolution of the House be engrossed:

HR 559. By Representative Jamieson of the 22nd:
A RESOLUTION designating the Tommy R. Crabb Sr. Memorial Highway; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Jenkins of the 93rd moved that the following Resolution of the House be engrossed:
HR 590. By Representative Jenkins of the 93rd: A RESOLUTION designating the Fred Emory Smith Memorial Bridge; and for other purposes.

FRIDAY, MARCH 28, 2003 The motion prevailed.

1753

Pursuant to Rule 52, Representative Mobley of the 58th moved that the following Resolution of the House be engrossed:

HR 591. By Representatives Mobley of the 58th, Watson of the 60th, Post 2, Maddox of the 59th, Post 2, Stephenson of the 60th, Post 1, Oliver of the 56th, Post 2 and others:
A RESOLUTION designating the Judge Jim Weeks Intersection; and for other purposes.

The motion prevailed.

By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the Committees:

HB 897. By Representatives Casas of the 68th, Hines of the 35th, Coleman of the 65th and Greene of the 134th:
A BILL to amend Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to salary and allowances of members and officers of the General Assembly, so as to provide that members of the General Assembly may elect to be paid over a four-month period; and for other purposes.

Referred to the Committee on Appropriations.

HB 898. By Representatives Bruce of the 45th, Williams of the 128th, Dukes of the 136th, Stephenson of the 60th, Post 1, Thomas of the 43rd, Post 1 and others:
A BILL to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other flags, so as to create the Georgia State Flag Design Commission; and for other purposes.

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JOURNAL OF THE HOUSE

3/28/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 898. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Bruce District 45

Referred to the Committee on Rules.

HB 899. By Representatives Mosby of the 59th, Post 3, Bruce of the 45th, Fludd of the 48th, Post 4, Brooks of the 47th, Mangham of the 62nd and others:
A BILL to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other flags, so as to provide a statement of intent; to provide that no flag which is similar in appearance to or depicts an image of a flag or other symbol identified with any nation or entity which has ever declared or prosecuted a war against the United States of America shall be considered an official state symbol or be flown or displayed on any state property or institution; and for other purposes.

3/28/2003
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 899. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Mosby District 59, Post 3
Referred to the Committee on Rules.
HB 900. By Representatives Manning of the 32nd, Ehrhart of the 28th, Casas of the 68th and Coleman of the 65th:

FRIDAY, MARCH 28, 2003

1755

A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary schools, so as to require local boards of education to adopt truancy policies; to provide for the contents of such policies; to provide for notice to parents and guardians, tribunals, referral to juvenile court, and failing grades; and for other purposes.

Referred to the Committee on Education.

HB 901. By Representative Smyre of the 111th:
A BILL to amend Code Section 40-2-60.1 of the Official Code of Georgia Annotated, relating to administrative process for certain special license plates, so as to reduce the number of applications necessary for the issuance of special plate; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 902. By Representative Smyre of the 111th:
A BILL to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle registration and licensing generally, so as to change certain provisions relating to license plates commemorating colleges or universities; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 903. By Representative Smyre of the 111th:
A BILL to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exceptions from the requirements of public disclosure, so as to exempt disclosure of certain personal information; and for other purposes.

Referred to the Committee on Rules.

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JOURNAL OF THE HOUSE

HR 603. By Representative Smyre of the 111th:
A RESOLUTION creating the House Sandy Springs Study Committee; and for other purposes.

Referred to the Committee on Rules.

HR 604. By Representatives Coleman of the 118th, Williams of the 128th, Keen of the 146th, Day of the 126th and Parrish of the 102nd:
A RESOLUTION authorizing and directing the Department of Natural Resources to designate and assign a number of department personnel to law enforcement duties on certain public beaches; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

Representative Holmes of the 48th District, Post 1, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

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

HB 198 Do Pass, by Substitute HB 590 Do Pass, by Substitute

HB 761 Do Pass SB 29 Do Pass

Respectfully submitted, /s/ Holmes of the 48th, Post 1
Chairman

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:

FRIDAY, MARCH 28, 2003

1757

Your Committee on Rules has had under consideration the following Bill and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HB 846 Do Pass HR 402 Do Pass HR 526 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Representative Jenkins of the 93rd District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

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

HB 190 Do Pass HB 211 Do Pass, by Substitute HB 359 Do Pass, by Substitute

HB 414 Do Pass, by Substitute HB 772 Do Pass

Respectfully submitted, /s/ Jenkins of the 93rd
Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

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JOURNAL OF THE HOUSE

HB 779 HB 781 HB 787 HB 789 HB 790 HB 795 HB 796

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

HB 800 HB 802 HB 803 HB 804 HB 805 HB 825 HB 826

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

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

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

HOUSE RULES CALENDAR FRIDAY, MARCH 28, 2003

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 31st Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 257

Robert Ray Parkway; designate

DEBATE CALENDAR

HB 94 HB 95
HB 144 HB 148 HB 164 HB 182 HB 191 HB 246 HB 255

Fair business practices; certain motor vehicle sales; spot delivery College athletic recruitment rules; certain violations; cause of action provisions Inmate labor; certain private property; victim compensation Sales tax exemption; liquid petroleum gas; horticultural purposes Supreme Court; answer question of law from district court Uniform rules of the road; improve enforcement; amend provisions Motor vehicles; registration and insurance provisions; amend Public records inspection; written requests; certain information redacted Superior court fees; interpreters; temporary protective order hearings

FRIDAY, MARCH 28, 2003

1759

HB 423 HB 503 HB 509
HB 521 HB 537 HB 556 HB 579 HB 580 HB 595 HB 626 HB 666 HB 680 HR 68

Municipalities; lease property to certain nonprofit corporation Tollways; causeway to barrier islands; exemption for certain residents Soil erosion and sedimentation; land-disturbing activities; comprehensive ordinances Colleges; meningococcal meningitis; vaccinations Housing tax credits; qualified projects; credit amounts Revenue Commissioner; powers and duties Water resources; farm uses; water-measuring device Grand juries; certain judges draw from electronic jury box War on Terrorism Local Assistance Act; enact Ad valorem tax; motor vehicles; exempt veterans organizations Local governments; financial transactions; annual audits Check cashing businesses; licensure; change certain exemption Supreme Court; jurisdiction; certain questions of law - CA

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

Respectfully submitted, /s/ Smyre of the 111th
Chairman

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 779. By Representative Greene of the 134th:
A BILL to provide that future elections for the office of probate judge of Miller County shall be nonpartisan elections; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 95, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 781. By Representative Greene of the 134th:

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JOURNAL OF THE HOUSE
A BILL to provide that future elections for the office of probate judge of Clay County shall be nonpartisan elections; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 95, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 789. By Representative Greene of the 134th:
A BILL to provide that future elections for the office of probate judge of Quitman County shall be nonpartisan elections; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 95, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 790. By Representative Greene of the 134th:
A BILL to provide that future elections for the office of probate judge of Randolph County shall be nonpartisan elections; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 95, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 802. By Representatives Purcell of the 122nd and Stephens of the 123rd: A BILL to provide that future elections for the office of probate judge of

FRIDAY, MARCH 28, 2003

1761

Effingham County shall be nonpartisan elections; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 95, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 805. By Representatives Williams of the 128th, Keen of the 146th and DeLoach of the 127th:
A BILL to provide that future elections for the office of probate judge of McIntosh County shall be nonpartisan elections; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 95, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 787. By Representative Royal of the 140th:
A BILL to amend an Act providing a new charter for the City of Pelham, so as to change the municipal election dates and terms of municipal officers and members of the board of education; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 795. By Representatives Ralston of the 6th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1:

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JOURNAL OF THE HOUSE
A BILL to amend an Act known as the "Ellijay-Gilmer County Water and Sewerage Authority Act," so as to change the number of members of the authority; to provide for the appointment and terms of office of the members; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 796. By Representatives Douglas of the 73rd, Stokes of the 72nd and Bunn of the 63rd:
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.
On the passage of the Bill, the ayes were 100, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 800. By Representative Parham of the 94th:
A BILL to amend an Act providing a new charter for the City of Milledgeville, so as to change provisions relating to the form of government of the City of Milledgeville; to revise, restate, and modernize certain provisions of said Act; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 0.

FRIDAY, MARCH 28, 2003 The Bill, having received the requisite constitutional majority, was passed.

1763

HB 803. By Representative Houston of the 139th:
A BILL to amend an Act to establish a new charter for the City of Nashville, so as to provide for the selection of a mayor pro tem; to provide for a city manager; to provide for selection, appointment, and removal of such city manager; to provide for duties and responsibilities of such city manager; and for other purposes.

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

HB 804. By Representatives Williams of the 128th, Mosley of the 129th, Post 1, DeLoach of the 127th, Smith of the 129th, Post 2 and Barnard of the 121st, Post 1:
A BILL to provide for the imposition of court information technology fees in Liberty County for each civil case filed and each fine imposed; to specify the uses to which said information technology fees may be put; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 825. By Representative Sims of the 130th:
A BILL to amend an Act creating the office of commissioner of roads and revenues in the County of Atkinson (now the board of commissioners of Atkinson County), so as to change the description of the commissioner districts; and for other purposes.

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

HB 826. By Representative Sims of the 130th:
A BILL to amend an Act to reconstitute the board of education of Atkinson County, so as to change the description of the education districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 5. By Senators Harp of the 16th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 16-12-81 of the Official Code of Georgia Annotated, relating to the offense of distributing material depicting nudity or sexual content, so as to make such offense apply expressly to electronic mail and other electronic or computer media; to provide a notice; to repeal conflicting laws; and for other purposes.
SB 133. By Senators Price of the 56th, Johnson of the 1st, Golden of the 8th, Hamrick of the 30th, Balfour of the 9th and others:

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A BILL to be entitled an Act to amend Title 7 of the O.C.G.A., relating to banking and finance, Title 9 of the O.C.G.A., relating to civil practice, Title 24 of the O.C.G.A., relating to evidence, Title 50 of the O.C.G.A., relating to state government, and Title 51 of the O.C.G.A., relating to torts, so as to provide for substantive and comprehensive revision of provisions regarding liability in tort actions; to provide for a short title; to change certain provisions regarding interest on judgements; to change certain provisions regarding codefendants residing in different counties; to change certain provisions regarding dismissal of actions; to change certain provisions regarding expert opinions; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 172. By Senators Hudgens of the 47th, Cagle of the 49th, Gillis of the 20th, Collins of the 6th, Shafer of the 48th and others:
A BILL to be entitled an Act to amend Chapter 16 of Title 12 of the Official Code of Georgia Annotated, relating to environmental policy, so as to require the publication of detailed statements of rationale for certain new or amended environmental regulations or other related actions of state government; to provide for the effect of noncompliance with such publication requirement; to provide for certain emergencies; to define certain terms; to provide legislative findings and declarations; to repeal conflicting laws; and for other purposes.
SB 228. By Senators Lee of the 29th and Reed of the 35th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special license plates to be issued benefitting the 501(c)(3) foundations of the professional sports teams in Georgia; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special license plates; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 233. By Senators Lamutt of the 21st, Golden of the 8th, Blitch of the 7th and Balfour of the 9th:
A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the O.C.G.A., relating to workers compensation, so as to delete the requirement that notice to nonresident parties be sent by certified mail; to change procedures regarding an employees cooperation with authorized medical treatment; to provide that the granting or denial of social security disability creates no presumption in the determination of whether or not a case is deemed to be

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catastrophic; to provide time limitations on the submission of medical bills; to provide for when an employee is entitled to receive permanent partial disability benefits; to place the temporary total benefits maximum at $425.00 per week and to place the minimum at $42.50 per week; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 246. By Senators Kemp of the 46th, Hudgens of the 47th, Unterman of the 45th, Crotts of the 17th, Starr of the 44th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions regarding water resources, so as to provide that the state shall not take over operation of, condemn, or otherwise take control of locally funded water reservoirs without paying just and adequate compensation therefor; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 247. By Senators Kemp of the 46th, Tolleson of the 18th, Hall of the 22nd, Hamrick of the 30th, Collins of the 6th and others:
A BILL to be entitled an Act to amend Code Section 36-22-4 of the Official Code of Georgia Annotated, relating to the establishment of the Georgia Greenspace Trust Fund, so as to provide for donations to the Georgia Greenspace Trust Fund by taxpayers through voluntary contributions on each taxpayers state income tax return; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 250. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Code Section 40-3-21 of the Official Code of Georgia Annotated, relating to application for first certificate of title of a vehicle, so as to provide that all such applications shall bear the full legal name and drivers license number of the owner; to repeal conflicting laws; and for other purposes.
SB 256. By Senators Williams of the 19th, Adelman of the 42nd and Levetan of the 40th:
A BILL to be entitled an Act to amend Code Section 40-6-50 of the Official Code of Georgia Annotated, relating to driving on divided highways, controlled-access roadways, and emergency lanes, so as to change certain provisions of law to allow the commissioner of transportation the authority to designate the location and manner when a transit bus may operate on the

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emergency lanes of certain controlled-access facilities; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 258. By Senators Unterman of the 45th, Mullis of the 53rd, Hill of the 4th and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the O.C.G.A., relating to primaries and elections generally, so as to remove vote recorders as authorized voting systems in this state and convert to direct recording electronic (DRE) voting systems; to provide for the arrangement of polling places where DRE units are used; to prohibit certain persons from providing assistance in voting; to provide for at least one handicapped accessible DRE unit in each precinct; to provide that the state shall accept the absentee ballot oath promulgated by the Presidential designee in accordance with the Help America Vote Act; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 288. By Representative Boggs of the 145th:
A BILL to amend an Act creating the Ware County Water and Sewer Authority, so as to change the name of the authority; to change the number of persons initially appointed to the authority; to change the method of appointing successors to and filling vacancies on the authority; and for other purposes.
HB 343. By Representatives Boggs of the 145th and Mosley of the 129th, Post 1:
A BILL to amend an Act providing for the revised and restated charter for the City of Waycross, so as to change the description of the commission districts; and for other purposes.
HB 402. By Representatives Barnard of the 121st, Post 1 and Oliver of the 121st, Post 2:
A BILL to amend an Act creating a board of commissioners for Evans County, so as to change the description of the commissioner districts; and for other purposes.
HB 416. By Representatives Barnard of the 121st, Post 1 and Oliver of the 121st, Post 2:
A BILL to amend an Act providing for the composition of the Board of Education for Evans County, so as to change the description of the education

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districts; and for other purposes.
HB 443. By Representative Roberts of the 131st:
A BILL to amend an Act entitled "An Act to reconstitute the Board of Education of Irwin County," so as to provide for the compensation of the chairperson and members of the Board of Education of Irwin County; and for other purposes.
HB 488. By Representatives Purcell of the 122nd and Stephens of the 123rd:
A BILL to amend an Act entitled "An Act to reconstitute the board of education of Effingham County," so as to provide for the nonpartisan election of the members of the board of education; and for other purposes.
HB 600. By Representative Houston of the 139th:
A BILL to amend an Act relating to the Magistrate Court of Berrien County, so as to provide for the position of magistrate; to provide for the selection and service of the magistrate; and for other purposes.
HB 637. By Representatives Williams of the 128th and Keen of the 146th:
A BILL to amend an Act creating a new charter for the City of Darien, so as to change the provisions regarding the election of the mayor and councilmembers; to provide for definitions; to provide for council districts and posts; and for other purposes.

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

SB 5.

By Senators Harp of the 16th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 16-12-81 of the Official Code of Georgia Annotated, relating to the offense of distributing material depicting nudity or sexual content, so as to make such offense apply expressly to electronic mail and other electronic or computer media; to provide a notice; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Judiciary.

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SB 133. By Senators Price of the 56th, Johnson of the 1st, Golden of the 8th, Hamrick of the 30th, Balfour of the 9th and others:
A BILL to be entitled an Act to amend Title 7 of the O.C.G.A., relating to banking and finance, Title 9 of the O.C.G.A., relating to civil practice, Title 24 of the O.C.G.A., relating to evidence, Title 50 of the O.C.G.A., relating to state government, and Title 51 of the O.C.G.A., relating to torts, so as to provide for substantive and comprehensive revision of provisions regarding liability in tort actions; to provide for a short title; to change certain provisions regarding interest on judgements; to change certain provisions regarding co-defendants residing in different counties; to change certain provisions regarding dismissal of actions; to change certain provisions regarding expert opinions; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 172. By Senators Hudgens of the 47th, Cagle of the 49th, Gillis of the 20th, Collins of the 6th, Shafer of the 48th and others:
A BILL to be entitled an Act to amend Chapter 16 of Title 12 of the Official Code of Georgia Annotated, relating to environmental policy, so as to require the publication of detailed statements of rationale for certain new or amended environmental regulations or other related actions of state government; to provide for the effect of noncompliance with such publication requirement; to provide for certain emergencies; to define certain terms; to provide legislative findings and declarations; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

SB 228. By Senators Lee of the 29th and Reed of the 35th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special license plates to be issued benefitting the 501(c)(3) foundations of the professional sports teams in Georgia; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such special

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license plates; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

SB 233. By Senators Lamutt of the 21st, Golden of the 8th, Blitch of the 7th and Balfour of the 9th:
A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the O.C.G.A., relating to workers compensation, so as to delete the requirement that notice to nonresident parties be sent by certified mail; to change procedures regarding an employees cooperation with authorized medical treatment; to provide that the granting or denial of social security disability creates no presumption in the determination of whether or not a case is deemed to be catastrophic; to provide time limitations on the submission of medical bills; to provide for when an employee is entitled to receive permanent partial disability benefits; to place the temporary total benefits maximum at $425.00 per week and to place the minimum at $42.50 per week; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Industrial Relations.

SB 246. By Senators Kemp of the 46th, Hudgens of the 47th, Unterman of the 45th, Crotts of the 17th, Starr of the 44th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions regarding water resources, so as to provide that the state shall not take over operation of, condemn, or otherwise take control of locally funded water reservoirs without paying just and adequate compensation therefor; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

SB 247. By Senators Kemp of the 46th, Tolleson of the 18th, Hall of the 22nd, Hamrick of the 30th, Collins of the 6th and others:

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A BILL to be entitled an Act to amend Code Section 36-22-4 of the Official Code of Georgia Annotated, relating to the establishment of the Georgia Greenspace Trust Fund, so as to provide for donations to the Georgia Greenspace Trust Fund by taxpayers through voluntary contributions on each taxpayers state income tax return; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

SB 250. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Code Section 40-3-21 of the Official Code of Georgia Annotated, relating to application for first certificate of title of a vehicle, so as to provide that all such applications shall bear the full legal name and drivers license number of the owner; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

SB 256. By Senators Williams of the 19th, Adelman of the 42nd and Levetan of the 40th:
A BILL to be entitled an Act to amend Code Section 40-6-50 of the Official Code of Georgia Annotated, relating to driving on divided highways, controlled-access roadways, and emergency lanes, so as to change certain provisions of law to allow the commissioner of transportation the authority to designate the location and manner when a transit bus may operate on the emergency lanes of certain controlled-access facilities; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Transportation.

SB 258. By Senators Unterman of the 45th, Mullis of the 53rd, Hill of the 4th and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the O.C.G.A., relating to primaries and elections generally, so as to remove vote recorders

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as authorized voting systems in this state and convert to direct recording electronic (DRE) voting systems; to provide for the arrangement of polling places where DRE units are used; to prohibit certain persons from providing assistance in voting; to provide for at least one handicapped accessible DRE unit in each precinct; to provide that the state shall accept the absentee ballot oath promulgated by the Presidential designee in accordance with the Help America Vote Act; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Governmental Affairs.

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

Representative Sims of the 130th arose to a point of personal privilege and addressed the House.

Representative Buckner of the 82nd arose to a point of personal privilege and addressed the House.

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

HR 602. By Representatives Bruce of the 45th, Holmes of the 48th, Post 1, Thomas of the 43rd, Post 1, Brooks of the 47th, Sailor of the 61st, Post 1 and others:
A RESOLUTION honoring the life of the Honorable Henrietta Mathis Canty and inviting her children, D'Jaris, Clarence, Kevin, Kirk, and Dean Canty, to appear before the House of Representatives; and for other purposes.

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

HR 402. By Representatives Rogers of the 20th, Reece of the 21st and Mills of the 67th, Post 2:

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A RESOLUTION commending the East Hall High School boys basketball team and inviting the team and its coaches to appear before the House of Representatives; and for other purposes.

HR 526. By Representative Howell of the 92nd:
A RESOLUTION commending the Griffin High School Bears basketball team and inviting the team and its coaches to appear before the House of Representatives; and for other purposes.

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

HB 595. By Representatives Teper of the 42nd, Post 1, Watson of the 60th, Post 2, Henson of the 55th, Greene-Johnson of the 60th, Post 3 and Stephenson of the 60th, Post 1:
A BILL to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide a short title; to provide a statement of constitutional authority and intent; to define certain terms; to create in each county a public safety and judicial facilities authority; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as provide a short title; to provide a statement of constitutional authority and intent; to provide for exemption from taxation; to define certain terms; to create in each county and municipal corporation a public safety and judicial facilities authority; to provide for activation; to provide for joint authorities; to provide for the appointment and terms of members of the board of directors; to provide for officers, compensation, the adoption of bylaws and regulations, and delegation of powers; to provide for a quorum and majority vote; to provide for powers of the authority; to provide for obligations of the authority, the use of proceeds, the status as revenue obligations, subsequent series of bonds or notes, bond anticipation notes, and interest rates; to provide for validation; to

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provide that indebtedness of the authority shall not constitute indebtedness of the state or any political subdivision of the state; to provide for construction; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by inserting immediately following Chapter 74 a new chapter to read as follows:
"CHAPTER 75
36-75-1. This Act shall be known and may be cited as the 'War on Terrorism Local Assistance Act.'
36-75-2. This chapter is enacted pursuant to authority granted to the General Assembly by the Constitution of Georgia. Each authority created by this chapter is created for nonprofit and public purposes; and it is found, determined, and declared that the creation of each such authority and the carrying out of its corporate purposes 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 chapter. For such reasons, the state covenants the holders of the bonds issued under this chapter that such authority shall be required to pay no taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others; or upon its activities in the operation or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise; and that the bonds of such authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax 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.
36-75-3. As used in this chapter, the term:
(1) 'Authority' means each public corporation created pursuant to this chapter. (2) 'Cost of project' means all costs of site preparation and other start-up costs; all costs of construction; all costs of real and personal property required for the purposes of the project and facilities related thereto, including land and any rights or undivided

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interest therein, easements, franchises, fees, permits, approvals, licenses, and certificates and the securing of such permits, approvals, licenses, and certificates, and all machinery and equipment, including motor vehicles which are used for project functions; financing charges and interest prior to and during construction and during such additional period as the authority may reasonably determine to be necessary for the placing of the project in operation; costs of engineering, architectural, and legal services; cost of plans and specifications and all expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incidental to the financing authorized in this chapter. The costs of any project may also include funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the authority for the operation of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. 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 notes issued under this chapter for such project. (3) 'County' means any county of this state or a governmental entity formed by the consolidation of a county and one or more municipal corporations. (4) 'Detention facilities' means facilities used or to be used for the incarceration of adult and juvenile offenders and juveniles subject to the jurisdiction of the juvenile court and administration and support structures for such facilities. (5) 'Governing body' means the elected or duly appointed officials constituting the governing body of each county and municipal corporation in the state. (6) 'Judicial facilities' means facilities used or to be used for the administration of justice and related activities, including all adult and juvenile courts, prosecutorial and public defender services, and their respective administrative and support structures. (7) 'Municipal corporation' means any incorporated municipality in this state. (8) 'Project' means the acquisition, construction, equipping, operation, maintenance, and repairing of county or municipal corporation judicial, detention, or public safety facilities. (9) 'Public safety facilities' means facilities used or to be used by or in direct support of management and operation of homeland security, police, fire, rescue, and emergency medical services.
36-75-4. (a) There is created in and for each county and municipal corporation in this state a public body corporate and politic, to be known as the 'public safety and judicial facilities authority' of such county. No authority shall transact any business or exercise any powers under this chapter until the governing body of the county or municipal corporation, as the case may be, by proper ordinance or resolution, declares that there is a need for an authority to function in the county or municipal corporation. (b) Any number of counties or municipal corporations or a combination of counties

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and municipal corporations may jointly form an authority, to be known as the 'joint public safety and judicial facilities authority' for such counties or municipal corporations or both. No authority shall transact any business or exercise any powers under this chapter until the governing authorities of the counties and municipal corporations involved declare, by ordinance or resolution, that there is a need for an authority to function and until the governing authority of each county and municipal corporation approves an agreement with the other counties or municipal corporations for the activation of an authority and such agreement is executed. (c) A copy of such ordinances, resolutions, and agreements shall be filed with the Secretary of State, who shall maintain a record of all authorities activated under this chapter.
36-75-5. Control and management of the authority shall be vested in a board of directors whose members shall be residents of the county or municipal corporation, as applicable. Directors shall be appointed, and may be reappointed, for terms of four years. The resolution or ordinance activating the authority shall state the number of directors and the appointing authority for each. No member of the governing authority of a county or municipal corporation that activates an authority is eligible to be appointed as a director while serving a term of office as a member of the governing authority of such county or municipal corporation. The directors shall elect one of their members as chairperson and another as vice chairperson and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may be a director. The directors shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties. The directors may make bylaws and regulations for the governing of the authority and may delegate to one or more of the officers, agents, and employees of the authority such powers and duties as may be deemed necessary and proper.
36-75-6. A majority of the directors shall constitute a quorum for the transaction of business of the authority. However, any action with respect to any project of the authority must be approved by the affirmative vote of a majority of the directors.
36-75-7. Each authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including, but without limiting the generality of the foregoing, the power:
(1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To acquire, construct, improve, or modify, to place into operation, and to operate or cause to be placed into operation, either as owner of all or of any part in common with others, a project or projects within the political subdivision in which the

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authority is activated and within other political subdivisions, and to pay all or part of the cost of any such project or projects from the proceeds of revenue bonds of the authority or from any contribution or loans by persons, firms, or corporations or any other contribution, all of which the authority is authorized to receive, accept, and use; (4) To acquire, in its own name, by purchase on such terms and conditions and in such manner as it may deem proper or by gift, grant, lease, or otherwise, real property or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes, which purposes shall include, but shall not be limited to, the constructing or acquiring of a project, the improving, extending, adding to, reconstructing, renovating, or remodeling of any project or part thereof already constructed or acquired, or demolition to make room for such project or any part thereof, and to insure the same against any and all risks as such insurance may, from time to time, be available; the authority may also use such property, rent or lease the same to or from others, make contracts with respect to the use thereof, or sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner which the authority deems to the best advantage of itself and its purposes; provided, however, that the powers to acquire, use, and dispose of property as set forth in this paragraph shall include the power to acquire, use, and dispose of any interest in such property, whether divided or undivided, which acquisition may result in the ownership of such property or any part thereof in common with any other party or parties, public or private; and title to any such property of the authority, however, shall be held by the authority exclusively for the benefit of the public; (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 acquired or constructed; provided that all private persons, firms, and corporations, this state, and all political subdivisions, departments, instrumentalities, or agencies of the state or of local government 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 above, authority is specifically granted to counties and municipal corporations and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of project activities and facilities or either of them by the authority to such political subdivisions and by such political subdivisions to the authority for a term not exceeding 50 years; (6) To exercise any one or more of the powers, rights, and privileges conferred by this Code section either alone or jointly or in common with one or more other public or private parties or public and private parties; in any such exercise of such powers, rights, and privileges jointly or in common with others with respect to the construction, operation, and maintenance of project facilities, the authority may own an undivided interest in such facilities with any other party with which it may jointly or in common exercise the rights and privileges conferred by this chapter; the authority may enter into an agreement or agreements with respect to any such project

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facility with the other party or parties participating therein; any such agreement may contain such terms, conditions, and provisions, consistent with this chapter, as the parties thereto shall deem to be in their best interests; any such agreement may include, but need not be limited to, provisions for the construction, operation, and maintenance of such project facility by any one or more party of the parties to such agreement, which party or parties shall be designated in or pursuant to such agreement as agent or agents on behalf of itself and one or more of the other parties thereto, or by such other means as may be determined by the parties thereto, and may include provisions for a method or methods of determining and allocating, among or between the parties, costs of construction, operation, maintenance, renewals, replacements, improvements, and disposals with respect to such facility; in carrying out its functions and activities as such agent with respect to construction, operation, and maintenance of such a facility, such agent shall be governed by the laws and regulations applicable to such agent as a separate legal entity and not by any laws or regulations which may be applicable to any of the other participating parties; provided, however, the agent shall act for the benefit of the public; notwithstanding anything contained in any other law to the contrary, pursuant to the terms of any such agreement, the authority may delegate its powers and duties with respect to the construction, operation, and maintenance of such facility to the party acting as agent; and all actions taken by such agent in accordance with the provisions of such agreement may be binding upon the authority without further action or approval of the authority; (7) To extend credit or make loans to any person, firm, corporation, or other industrial entity for the planning, design, construction, acquisition, or carrying out of any project, which credit or loans shall be secured by loan agreements, mortgages, security agreements, contracts, and all other instruments or fees or charges, upon such terms and conditions as the authority shall determine reasonable in connection with such loans, including provision for the establishment and maintenance of reserves and insurance funds, and in the exercise of powers granted by this Code section in connection with a project for such person, firm, corporation, or other industrial entity, to require the inclusion in any contract, loan agreement, security agreement, or other instrument of such provisions for guaranty, insurance, construction, use, operation, maintenance, and financing of a project as the authority may deem necessary or desirable; (8) To acquire, accept, or retain equitable interests, security interests, or other interest in any property, real or personal, by mortgage, assignment, security agreement, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer in order to secure the repayment of any moneys loaned or credit extended by the authority; (9) To accept, receive, and administer gifts, grants, appropriations, and donations of money, materials, and property of any kind, including loans and grants from the United States of America, this state, or a unit of local government or any of their agencies, departments, authorities, or instrumentalities upon such terms and conditions as the United States of America, this state, or a unit of local government or

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any of their agencies, departments, authorities, or instrumentalities shall impose; to administer trusts; and to sell, lease, transfer, convey, appropriate, and pledge any and all of its property and assets; (10) To invest any accumulation of its funds in any fund or reserve in any manner that public funds of this state or its political subdivisions may be invested; (11) To do any and all things necessary or proper 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 Constitution and laws of this state, including the power to employ professional and administrative staff and personnel and to retain legal, engineering, fiscal, accounting, and other professional services; the power to purchase all kinds of insurance, including, without limitation, insurance against tort liability and against risks of damage to property; the power to borrow money for any of the corporate purposes of the authority; the power to indemnify and hold harmless any parties contracting with the authority or its agents from damage to persons or property; and the power to act as self-insurer with respect to any loss or liability; provided, however, that obligations of the authority other than revenue bonds, for which provision is made in this chapter, shall be payable from the general funds of the authority and shall not be a charge against any special fund allocated to the payment of revenue bonds; (12) To mortgage, convey, pledge, or assign any properties, revenues, income, tolls, charges, or fees owned or received by the authority; (13) To borrow money and issue its revenue bonds and bond anticipation notes from time to time and to use the proceeds thereof for the purpose of paying all or part of the cost of any project, including the cost of extending, adding to, or improving such project, or for the purpose of refunding any such bonds of the authority theretofore issued; and to otherwise carry out the purposes of this chapter and to pay all other costs of the authority incident to, or necessary and appropriate to, such purposes, including the providing of funds to be paid into any fund or funds to secure such bonds and notes, provided that all such bonds and notes shall be issued in accordance with the procedures and subject to the limitations set forth in Code Section 36-63-9; provided, however, that the maximum aggregate amount of bonds issued shall be $50 million; and (14) As security for repayment of authority obligations, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property, real or personal, of such authority and to execute any trust agreement, indenture, or security agreement containing any provisions not in conflict with law, which trust agreement, indenture, or security agreement may provide for foreclosure or forced sale of any property of the authority upon default on such obligations either in payment of principal or interest or in the performance of any term or condition contained in such agreement or indenture; this state, on behalf of itself and each county, municipal corporation, political subdivision, or taxing district therein waives any right which it or such county, municipal corporation, political subdivision, or taxing district may have to prevent the forced sale or foreclosure of any property of the authority so mortgaged or

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encumbered, and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof.
36-75-8. (a) Subject to the limitations and procedures provided by this Code section, the obligations of any authority evidenced by bonds, bond anticipation notes, trust indentures, deeds to secure obligations, security agreements, or mortgages executed in connection therewith may contain such provisions not inconsistent with law as shall be determined by the board of directors of the authority. The authority, in such instruments, may provide for the pledging of all or any part of its revenues, income, or charges and for the mortgaging, encumbering, or conveying of all or any part of its real or personal property; may covenant against pledging any or all of its revenues, income, or charges; and may further provide for the disposition of proceeds realized from the sale of any bonds and bond anticipation notes, for the replacement of lost, destroyed, stolen, or mutilated bonds and notes, and for the payment and redemption of such bonds and notes. Similarly, subject to the limitations and procedures of this Code section, undertakings of an authority may prescribe the procedure by which bondholders and noteholders may enforce rights against the authority and provide for rights upon breach of any covenant, condition, or obligation of the authority. Bonds, resolutions, trust indentures, mortgages, or deeds to secure obligations executed by an authority and bond anticipation notes executed by an authority may contain such provisions not otherwise contrary to law as the authority shall deem necessary or desirable. (b) The proceeds derived from the sale of all bonds and bond anticipation notes issued by an authority shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this chapter, all or part of the cost of any project, including the cost of extending, financing, adding to, or improving such project, or for the purpose of refunding any bond anticipation notes issued in accordance with this chapter or refunding any previously issued bonds of the authority. (c) All bonds and bond anticipation notes issued by an authority shall be revenue obligations of such authority and may be made payable out of any revenues or other receipts, funds, or moneys of the authority, subject only to any agreements with the holders of other bonds or bond anticipation notes or to particular security agreements pledging any particular revenues, receipts, funds, or moneys. (d) Issuance by an authority of one or more series of bonds or bond anticipation notes for one or more purposes shall not preclude it from issuing other bonds or notes in connection with the same project or with any other projects, but the proceeding wherein any subsequent bonds or bond anticipation notes shall be issued shall recognize and protect any prior pledge or mortgage made in any prior security agreement or made for any prior issue of bonds or bond anticipation notes, unless in the resolution authorizing such prior issue the right is expressly reserved to the authority to issue subsequent bonds or bond anticipation notes on a parity with such prior issue. (e) An authority shall have the power and is authorized, whenever revenue bonds of the authority have been validated as provided in this chapter, to issue, from time to time, its

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notes in anticipation of the issuance of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The authority may issue notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the authority may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of the authority or any issue thereof may contain any provisions which the authority is authorized to include in any such resolution or resolutions; and the authority may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of the notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued. (f) The interest rate on or rates to be borne by any bonds, notes, or other obligations issued by the authority shall be fixed by the board of directors of the authority. Any limitations with respect to interest rates found in Article 3 of Chapter 82 of this title or in the usury laws of this state shall not apply to obligations issued under this chapter. (g) All revenue bonds issued by an authority under this chapter shall be issued and validated under and in accordance with Article 3 of Chapter 82 of this title, except as provided in subsection (f) of this Code section and except as specifically set forth below in this subsection:
(1) Revenue bonds issued by an authority may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide; (2) Revenue bonds shall bear a certificate of validation. The signature of the clerk of the superior court of the judicial circuit in which the issuing authority is located may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state; and (3) In lieu of specifying the rate or rates of interest which revenue bonds to be issued by an authority are to bear, the notice to the district attorney or the Attorney General and the notice to the public of the time, place, and date of the validation hearing may state that the bonds, when issued, will bear interest at a rate not exceeding a maximum per annum rate of interest specified in such notices or, in the event the bonds are to bear different rates of interest for different maturity dates, that none of such rates will exceed the maximum rate specified in the notices; provided, however, that nothing contained in this paragraph shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in so doing the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices.

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36-75-9. No bonds or other obligations of and no indebtedness incurred by any authority shall constitute an indebtedness or obligation of the State of Georgia or of any county, municipal corporation, or political subdivision thereof, nor shall any act of any authority in any manner constitute or result in the creation of an indebtedness of this state or of any such county, municipal corporation, or political subdivision. All such bonds and obligations shall be payable solely from the revenues therein pledged to such payment, including pledged rentals, sales proceeds, insurance proceeds, and condemnation awards; and no holder or holders of any such bonds or obligations shall ever have the right to compel any exercise of the taxing power of this state or of any county, municipal corporation, or political subdivision thereof, nor to enforce the payment thereof against any property of the state or of any such county, municipal corporation, or political subdivision.
36-75-10. This chapter shall be liberally construed to effect the purposes hereof. Sale or issuance of bonds by any authority shall not be subject to regulation under Chapter 5 of Title 10, the 'Georgia Securities Law,' or any other law. No proceeding or publication not required in this chapter shall be necessary to the performance of any act authorized in this chapter, nor shall any such act be subject to referendum."
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 Amerson Y Anderson Y Ashe Y Bannister
Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan
Joyce

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes E Stoner

Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

FRIDAY, MARCH 28, 2003

Y Fludd Y Forster N Franklin Y Gardner Y Golick
Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K N Heath Y Heckstall Y Hembree Y Henson N Hill, C

Y Keen Y Knox Y Lane E Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S E Rice Y Richardson Y Roberts, J Y Roberts, L
Rogers, C E Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott
Shaw Y Sheldon Y Sholar

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Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L
Walker, R.L Y Warren
Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Coleman, Speaker

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

HB 503. By Representatives Keen of the 146th, Buck of the 112th, Smith of the 129th, Post 2, Mosley of the 129th, Post 1, Day of the 126th and others:
A BILL to amend Part 1 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions of the State Road and Tollway Authority, so as to provide for an exemption from a toll for access to a causeway on to a barrier island for certain motor vehicle owners who are residents of the county in which the causeway is located; and for other purposes.

The report of the Committee, which was favorable to the 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 Amerson Y Anderson Y Ashe Y Bannister
Barnard

Y Day Y Dean Y Deloach Y Dix
Dodson

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley

Y Sims Y Sinkfield Y Skipper
Smith, B Y Smith, L

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Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson
Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane E Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee Y McCall McClinton Millar Y Mills Y Mitchell

Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock
Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray
Reece, B Y Reece, S E Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C E Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes E Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Y Coleman, Speaker

On the passage of the Bill, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 164. By Representative Campbell of the 39th:
A BILL to amend Code Section 15-2-9 of the Official Code of Georgia Annotated, relating to answers to questions certified by federal appellate courts to the Georgia Supreme Court, so as to provide that the Supreme Court of this state may answer any question of law certified to it from any federal appellate or district court; to provide for related matters; to provide that the effectiveness of this Act shall be conditioned upon the approval by the voters of a certain constitutional amendment; and for other purposes.

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

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agreed to.

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson
Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines
Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane E Lewis Y Lord
Lucas Lunsford Maddox Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell
Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S E Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C E Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes E Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HR 68.

By Representative Campbell of the 39th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the Supreme Court shall have jurisdiction over questions of law

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from any state appellate or federal district or appellate court; and for other purposes.

The following Committee substitute was read and adopted:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the Supreme Court shall have jurisdiction over questions of law from any state appellate or federal district or appellate court; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article VI, Section VI of the Constitution is amended by striking Paragraph IV and inserting in lieu thereof a new Paragraph IV to read as follows:
"Paragraph IV. Jurisdiction over questions of law from state appellate or federal district or appellate courts. The Supreme Court shall have jurisdiction and authority to answer any question of law from any state appellate or federal district or appellate court."
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to provide that the Supreme Court shall have jurisdiction and authority to answer questions of law
( ) NO from any state appellate or federal district or appellate court?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote

FRIDAY, MARCH 28, 2003

was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks
Broome Y Brown Y Bruce Y Buck Y Buckner, D
Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford
Cummings

Y Day Y Dean Y Deloach Y Dix
Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T
Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree
Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce
Keen Y Knox Y Lane E Lewis Y Lord
Lucas Lunsford Y Maddox Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S E Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C E Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

1787
Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes E Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the adoption of the Resolution, by substitute, the ayes were 162, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

HB 579. By Representative McCall of the 78th:
A BILL to amend Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional duties and powers of the State Soil and Water Conservation Commission, so as to provide for certain powers and

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duties related to water resources; to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide for programs for measuring certain farm uses of water; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional duties and powers of the State Soil and Water Conservation Commission, so as to provide for certain powers and duties related to water resources; to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide for programs for measuring certain farm uses of water; to change certain provisions relating to permits for withdrawal, diversion, or impoundment of surface waters and monitoring, recording, and reporting water withdrawn by certain irrigation systems; to change certain provisions relating to permits for farm uses, notice of transfer or modification in use or capacity, nonuse, suspension or modification, priority uses, and effect on existing common or statutory law; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional powers and duties of the State Soil and Water Conservation Commission, is amended by inserting a new paragraph to read as follows:
"(7.1) To formulate such rules and regulations and to exercise such powers as are necessary to perform its duties under subsection (m.1) of Code Section 12-5-31 and subsection (b.1) of Code Section 12-5-105;"
SECTION 2. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by striking subsection (m) of Code Section 12-5-31, relating to permits for withdrawal, diversion, or impoundment of surface waters and monitoring, recording, and reporting water withdrawn by certain irrigation systems, and inserting in lieu thereof the following:
"(m) Except for farm use permits issued pursuant to paragraph (3) of subsection (a) of For all permits, including without limitation farm use permits, issued under this Code section, whenever required to carry out the objectives of this Code section, including but not limited to determining whether or not any person is in violation of any provision

FRIDAY, MARCH 28, 2003

1789

of this Code section or any rule or regulation promulgated pursuant hereto to this Code section; encouraging or ensuring compliance with any provision of this Code section or any rule or regulation promulgated pursuant hereto to this Code section; determining whether or not any person is in violation of any permit condition; or establishing a data bank on the usage of surface waters in a particular area or areas of this state, the director may by order, permit, or otherwise, in writing, require any person holding a permit under this Code section, or any other person who the director reasonably believes is withdrawing, diverting, or impounding surface waters in violation of the permitting requirements of this Code section, to:
(1) Establish and maintain records; (2) Make reports; (3) Install, use, and maintain monitoring equipment or methods; and (4) Provide such other information as the director may reasonably require. Notwithstanding the foregoing provisions of this subsection, any demand for such information by the director, which information has already been provided to the director by such person in the context of prior dealings with the division, and which is still correct, may be satisfied by adequate reference to same. (m.1)(1) The State Soil and Water Conservation Commission shall have the duty of implementing a program of measuring farm uses of water in order to obtain clear and accurate information on the patterns and amounts of such use, which information is essential to proper management of water resources by the state and useful to farmers for improving the efficiency and effectiveness of their use of water, meeting the requirements of subsection (m) of this Code section, and improving water conservation. Accordingly, the State Soil and Water Conservation Commission shall on behalf of the state purchase, install, operate, and maintain water-measuring devices for farm uses that are required by this Code section to have permits. As used in this paragraph, the term 'operate' shall include reading the water-measuring device, compiling data, and reporting findings. (2) For purposes of this subsection, the State Soil and Water Conservation Commission:
(A) May conduct its duties with commission staff and may contract with other persons to conduct any of its duties; (B) May receive and use state appropriations, gifts, grants, or other sources of funding to carry out its duties; (C) In consultation with the director, shall develop a priority system for installation of water-measuring devices for farm uses that have permits as of July 1, 2003. The commission shall, provided that adequate funding is received, install and commence operation and maintenance of water-measuring devices for all such farm uses by July 1, 2009; (D) May charge any permittee the commissions reasonable costs for purchase and installation of a water-measuring device for any farm use permit issued by the director after July 1, 2003; however, for permit applications submitted to the division prior to December 31, 2002, no charge shall be made for such costs; and

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(E) Shall issue an annual progress report on the status of water-measuring device installation. (3) Any person who desires to commence a farm use for which a permit is issued after July 1, 2003, shall not commence such use prior to the installation of a watermeasuring device by the commission. (4) Subject to the provisions of subparagraph (C) of paragraph (2) of this subsection, after July 1, 2009, no one shall use water for a farm use required to have a permit under this Code section without having a water-measuring device in operation that has been installed by the commission. (5) Employees or agents of the commission are authorized to enter upon private property at reasonable times to conduct the duties of the commission under this subsection."
SECTION 3. Said chapter is further amended by striking subsection (b) of Code 12-5-105, relating to permits for farm uses, notice of transfer or modification in use or capacity, nonuse, suspension or modification, priority uses, and effect on existing common or statutory law, and inserting in lieu thereof the following:
"(b) Notwithstanding any provisions of Code Section 12-5-95, 12-5-96, or 12-5-97 to the contrary, permits to withdraw, obtain, or utilize ground waters for farm uses, as that term is defined in paragraph (10) (5.1) of Code Section 12-5-92, whether for new withdrawals or under subsection (a) of this Code section, shall be governed as follows:
(1) A permit issued, modified, or amended after July 1, 2003, for farm uses shall have no annual reporting requirements and no term and may be transferred or assigned to subsequent owners of the lands which are the subject of such permit; provided, however, that the division shall receive written notice of any such transfer or assignment, and any modification in the use or capacity conditions contained in the permit or in the lands which are the subject of such permit shall require the permittee to submit an application for review and approval by the director consistent with the requirements of this part; (2) Permits for farm use, after initial use has commenced, shall not be revoked, in whole or in part, for nonuse; (3) The director may suspend or modify a permit for farm use if he or she should determine through inspection, investigations, or otherwise that the quantity of water allowed would prevent other applicants from reasonable use of ground water beneath their property for farm use; (4) During emergency periods of water shortage, the director shall give first priority to providing water for human consumption and second priority to farm use; and (5) The importance and necessity of water for industrial purposes are in no way modified or diminished by this Code section. (b.1)(1) The State Soil and Water Conservation Commission shall have the duty of implementing a program of measuring farm uses of water in order to obtain clear and accurate information on the patterns and amounts of such use, which information is

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essential to proper management of water resources by the state and useful to farmers for improving the efficiency and effectiveness of their use of water, meeting the requirements of paragraph (1) of subsection (b) of this Code section, and improving water conservation. Accordingly, the State Soil and Water Conservation Commission shall on behalf of the state purchase, install, operate, and maintain water-measuring devices for farm uses that are required by this Code section to have permits. As used in this paragraph, the term 'operate' shall include reading the water-measuring device, compiling data, and reporting findings. (2) For purposes of this subsection, the State Soil and Water Conservation Commission:
(A) May conduct its duties with commission staff and may contract with other persons to conduct any of its duties; (B) May receive and use state appropriations, gifts, grants, or other sources of funding to carry out its duties; (C) In consultation with the director, shall develop a priority system for installation of water-measuring devices for farm uses that have permits as of July 1, 2003. The commission shall, provided that adequate funding is received, install and commence operation and maintenance of water-measuring devices for all such farm uses by July 1, 2009; (D) May charge any permittee the commissions reasonable costs for purchase and installation of a water-measuring device for any farm use permit issued by the director after July 1, 2003; however, for permit applications submitted to the division prior to December 31, 2002, no charge shall be made for such costs; and (E) Shall issue an annual progress report on the status of water-measuring device installation. (3) Any person who desires to commence a farm use for which a permit is issued after July 1, 2003, shall not commence such use prior to the installation of a watermeasuring device by the commission. (4) Subject to the provisions of subparagraph (C) of paragraph (2) of this subsection, after July 1, 2009, no one shall use water for a farm use required to have a permit under this Code section without having a water-measuring device in operation that has been installed by the commission. (5) Employees or agents of the commission are authorized to enter upon private property at reasonable times to conduct the duties of the commission under this subsection."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Amerson Anderson
Y Ashe Y Bannister
Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene
Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan N Joyce Y Keen N Knox Y Lane E Lewis Y Lord
Lucas Lunsford Y Maddox Mangham Y Manning Marin Y Martin E Massey Y Maxwell Y McBee Y McCall McClinton Y Millar Y Mills Y Mitchell

Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S E Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C E Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Y Stokes E Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L
Walker, R.L Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 157, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 537. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Code Section 33-1-18 of the Official Code of Georgia

FRIDAY, MARCH 28, 2003

1793

Annotated, relating to housing tax credits with respect to certain qualified projects, so as to change certain provisions regarding credit amounts; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell
Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin
Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree
Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane E Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S E Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C E Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes E Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 167, nays 0. The Bill, having received the requisite constitutional majority, was passed.

1794

JOURNAL OF THE HOUSE

Due to a mechanical malfunction, the vote of Representative Henson of the 55th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 255. By Representatives Hill of the 81st, Marin of the 66th, Floyd of the 69th, Post 2, Casas of the 68th, Sinkfield of the 50th and others:
A BILL to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to superior court fees and construction of other fee provisions, so as to provide that interpreters are provided to petitioners in temporary protective order hearings; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to superior court fees and construction of other fee provisions, so as to provide that interpreters are provided to petitioners in temporary protective order hearings; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to superior court fees and construction of other fee provisions, is amended by striking paragraph (4) of subsection (e) and inserting in lieu thereof the following:
"(4) No fee or cost shall be assessed for any service rendered by the clerk of superior court through entry of judgment in family violence cases under Chapter 13 of Title 19 or in connection with the filing, issuance, registration, or service of a protection order or a petition for a prosecution order to protect a victim of domestic violence, stalking, or sexual assault. A petitioner seeking a temporary protective order or a respondent involved in a temporary protective order hearing under the provisions of Code Section 19-13-3 or 19-13-4 shall be provided with a foreign language or sign language interpreter when necessary for the hearing on the petition. The reasonable cost of the interpreter shall be paid by the local victim assistance funds as provided by Article 8 of Chapter 21 of this title. The provisions of this paragraph shall control over any other conflicting provisions of law and shall specifically control over the provisions of Code Sections 15-6-77.1, 15-6-77.2, and 15-6-77.3."

FRIDAY, MARCH 28, 2003
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

1795

The report of the 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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges N Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson N Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster N Franklin Y Gardner Y Golick
Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan
Joyce Y Keen N Knox Y Lane E Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham Manning Y Marin Y Martin Y Massey N Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall
Ray Y Reece, B Y Reece, S E Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C E Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L
Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson Y Stokes E Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L
Walker, R.L Y Warren
Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 155, nays 7. The Bill, having received the requisite constitutional majority, was passed, by

1796 substitute.

JOURNAL OF THE HOUSE

The following Bill of the House, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
HB 196. By Representatives Hill of the 81st, Barnes of the 84th, Post 2, Fludd of the 48th, Post 4, Lucas of the 105th, Forster of the 3rd, Post 1 and others:
A BILL to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine and providing for penalties, so as to reduce the quantity of marijuana needed for a trafficking prosecution; and for other purposes.

The following amendment was read:

Representative Mills of the 67th, Post 2 moves to amend HB 196 as follows:
On page 1, and on line 11, strike the number "25" and insert "10" and on line 13, strike the number "25" and insert "10".

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

Y Amerson Anderson
Y Ashe Y Bannister Y Barnard Y Barnes N Beasley-Teague N Benfield Y Birdsong N Black Y Boggs Y Bordeaux N Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck
Buckner, D

Y Day N Dean Y Deloach Y Dix Y Dodson Y Dollar
Dooley Y Douglas N Drenner Y Dukes Y Ehrhart Y Elrod
Epps Y Fleming Y Floyd, H
Floyd, J N Fludd Y Forster
Franklin Y Gardner Y Golick

Y Hill, C.A Y Hill, V Y Hines N Holmes Y Houston
Howard Y Howell Y Hudson
Hugley N Jackson Y James N Jamieson Y Jenkins Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane E Lewis
Lord

N Mobley N Moraitakis
Morris Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B N Oliver, M Y O'Neal N Orrock Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray

Y Sims Sinkfield
Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Stokes E Stoner Y Teilhet Teper Y Thomas, A Thomas, A.M Y Thompson

Y Buckner, G N Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas N Chambers
Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

FRIDAY, MARCH 28, 2003

Y Graves, D Y Graves, T Y Greene N Greene-Johnson Y Hanner Y Harbin Y Harper
Harrell Y Heard, J Y Heard, K Y Heath N Heckstall Y Hembree N Henson Y Hill, C

Lucas Lunsford N Maddox Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall N McClinton Y Millar Y Mills Y Mitchell

Y Reece, B Y Reece, S E Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C E Rogers, Ch. Y Royal Y Rynders N Sailor Y Scott
Shaw Y Sheldon Y Sholar

1797
Y Twiggs Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 126, nays 22. The amendment was adopted.

Representatives Channell of the 77th and Parham of the 94th 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 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 Amerson Y Anderson N Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague N Benfield Y Birdsong Y Black Y Boggs N Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar
Dooley Y Douglas N Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster

Y Hill, C.A Y Hill, V Y Hines N Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James N Jamieson Y Jenkins Y Jones Y Jordan
Joyce Y Keen Y Knox

N Mobley N Moraitakis Y Morris
Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B N Oliver, M Y O'Neal N Orrock
Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell

Y Sims Sinkfield
Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Stokes E Stoner Y Teilhet Teper

1798
Y Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers
Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Franklin N Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper
Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree N Henson Y Hill, C

Y Lane E Lewis Y Lord
Lucas Lunsford Y Maddox Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S E Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C E Rogers, Ch. Y Royal Y Rynders N Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Thomas, A Thomas, A.M Y Thompson Y Twiggs Y Walker, L Walker, R.L Y Warren Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Coleman, Speaker

On the passage of the Bill, as amended, the ayes were 139, nays 13.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representatives Channell of the 77th and Parham of the 94th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 556. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for additional administrative powers, duties, and authorities of the state revenue commissioner; to provide for dissemination of certain information regarding tax executions; to provide for additional fees with respect to collection of tax liabilities; and for other purposes.

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

FRIDAY, MARCH 28, 2003

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges N Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell N Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps
Fleming Y Floyd, H
Floyd, J Fludd Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V N Hines
Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane E Lewis Y Lord
Lucas Lunsford Y Maddox Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S E Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C E Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw
Sheldon Y Sholar

1799
Y Sims Y Sinkfield Y Skipper Y Smith, B
Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes E Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland
White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 153, nays 4. The Bill, having received the requisite constitutional majority, was passed.

Representative Forster of the 3rd, Post 1 stated that 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 94. By Representatives Oliver of the 56th, Post 2 and Thompson of the 69th, Post 1:

1800

JOURNAL OF THE HOUSE
A BILL to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act," so as to prohibit the sale or lease of a motor vehicle conditioned upon financing approval except under certain conditions; to define the term "spot delivery"; to provide for a criminal penalty; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to place conditions and limitations on spot deliveries; to define the term "spot delivery"; to provide for remedies under certain 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. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," is amended by adding following Code Section 10-1-393.7, relating to solicitation during final illness and penalty, a new Code Section 10-1-393.8 to read as follows:
"10-1-393.8. (a) For purposes of this Code section, the term 'spot delivery' means the placement of a motor vehicle with the purchaser or lessee while the final sale or lease is pending or subject to rescission because the credit transaction has not been approved or assigned to a financial institution. (b) If a purchaser or lessee takes possession of a motor vehicle that is the subject of a spot delivery, such delivery shall be subject to the following written conditions:
(1) That if the sale or lease is not concluded by the financing of the sale or lease to the purchaser or lessee within 30 days of the delivery, the sale or lease contract shall be null and void; (2) That any motor vehicle being offered for trade-in by the purchaser or lessee shall not be sold by the motor vehicle dealer until the conditional sale or lease is complete and that any payment due or that becomes due while the trade-in vehicle is in the hands of the dealership shall be the sole responsibility of the prospective purchaser or lessee; (3) That any motor vehicle being offered for trade-in by the purchaser or lessee shall not be repaired or serviced by the motor vehicle dealer until the conditional sale or lease is complete;

FRIDAY, MARCH 28, 2003

1801

(4) That the prospective purchaser or lessee may be required to obtain insurance, including liability insurance, for any damages to the vehicle occurring during the prospective purchasers or lessees custody of the vehicle; (5) That the charge to the purchaser or lessee, should the sale or lease not be completed, shall be limited to a maximum charge of $5.00 per day including, but not limited to, mileage charges and that the purchaser or lessee may be charged for unreasonable wear and tear of the vehicle while it is in the prospective purchasers or lessees custody; (6) That if the conditional sale is not completed, the motor vehicle dealer shall refund to the purchaser or lessee all sums placed with the dealership as a deposit or for any other purpose associated with the attempted sale or lease of the vehicle less any amounts charged pursuant to paragraph (5) of this subsection and return the trade-in vehicle, if any; and (7) That the prospective purchaser or lessee shall return the vehicle to the dealership within 48 hours of receipt of notification from the dealer that the conditional sale or lease will not be completed. (c) For violations of this Code section, subsection (c) of Code Section 10-1-399 shall not apply."
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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks
Broome Y Brown

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley N Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Fludd Y Forster

Y Hill, C.A Hill, V
Y Hines Y Holmes Y Houston Y Howard
Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan
Joyce Y Keen Y Knox

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel
Oliver, B Y Oliver, M Y O'Neal
Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell

Y Sims Y Sinkfield Y Skipper N Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes E Stoner Y Teilhet Y Teper

1802
Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B
Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene
Greene-Johnson Y Hanner Y Harbin N Harper Y Harrell Y Heard, J Y Heard, K N Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Lane E Lewis Y Lord
Lucas Lunsford Y Maddox Mangham Y Manning Y Marin N Martin Y Massey Y Maxwell Y McBee McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S E Rice Y Richardson Y Roberts, J
Roberts, L Rogers, C E Rogers, Ch. Y Royal Y Rynders Y Sailor N Scott Shaw Y Sheldon Y Sholar

Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland Y White N Wilkinson
Willard Y Williams, A Y Williams, E N Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 148, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 509. By Representatives Jones of the 38th, Burkhalter of the 36th, Coleman of the 65th and Reece of the 21st:
A BILL to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to change certain provisions relating to adoption of comprehensive ordinances related to land-disturbing activities and delegation of responsibility to planning and zoning commissions; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to change certain provisions relating to adoption of comprehensive ordinances related to land-disturbing activities and delegation of responsibility to planning and zoning commissions; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 28, 2003

1803

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, is amended by striking Code Section 12-7-4, relating to adoption of comprehensive ordinances related to land-disturbing activities and delegation of responsibility to planning and zoning commissions, and inserting in lieu thereof the following:
"12-7-4. The governing authority of each county and each municipality shall adopt a comprehensive ordinance establishing the procedures governing land-disturbing activities which are conducted within their respective boundaries. Such ordinances shall be consistent with the standards provided by this chapter. Local governing authorities shall have the authority, by such ordinance, to delegate in whole or in part the responsibilities of the governing authorities, as set forth in this chapter, to any constitutional or statutory local planning and zoning commission. Where the local governing authority deems it appropriate, it may integrate such provisions with other local ordinances relating to land development including but not limited to tree protection, flood plain protection, stream buffers, or postdevelopment storm-water management; and the properties to which any of the types of ordinances identified in this Code section shall apply, whether or not such ordinances are integrated, shall include without limitation property owned by the local governing authority or by a local school district, except as otherwise provided by Code Section 12-7-17."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Rogers of the 20th and Jones of the 38th move to amend the Committee substitute to HB 509 as follows:
On line 23 delete: "postdevelopment".

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.

1804

JOURNAL OF THE HOUSE

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix
Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner N Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane E Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby
Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S E Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C E Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner N Stephens, E Y Stephens, R Y Stephenson Y Stokes E Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, 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 Harbin of the 80th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

FRIDAY, MARCH 28, 2003

1805

HB 144. By Representatives Marin of the 66th, Floyd of the 69th, Post 2, Thompson of the 69th, Post 1, Coan of the 67th, Post 1, Casas of the 68th and others:
A BILL to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for use of inmate labor to remove certain graffiti from private property as a form of compensation to innocent victims of criminal trespass or criminal damage to property in the second degree; to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to change certain provisions relating to use of inmates for private gain; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for use of inmate labor to remove certain graffiti from private property as a form of compensation to innocent victims of criminal trespass or criminal damage to property in the second degree; to expressly provide that sovereign immunity is not waived relative thereto; to define a term; to provide legislative findings and declarations; to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to change certain provisions relating to use of inmates for private gain; to change certain provisions relating to hiring out of inmates, sales of products produced by inmates, disposition of proceeds, and payments to inmates for services; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by inserting a new chapter to read as follows:
"CHAPTER 15A
17-15A-1. The provisions of this chapter are enacted pursuant Article III, Section VI, Paragraph VI(f) of the Constitution and are in addition to those provisions for compensation of innocent victims of other crimes under Chapter 15 of this title.
17-5A-2. As used in this chapter, the term 'graffiti' means any inscriptions, words, figures,

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paintings, or other defacements that are written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of real property or improvements thereon without prior authorization of the owner or occupant of the property by means of any aerosol paint container, broad-tipped marker, gum label, paint stick, graffiti stick, etching equipment, brush, or other device capable of scarring or leaving a visible mark on any surface.
17-15A-3. The General Assembly finds and declares that:
(1) Criminal street gang activity is a serious and continuing public safety concern; (2) Criminal trespass and criminal damage to property in the second degree caused by graffiti being placed unlawfully upon private property are crimes frequently associated with criminal street gang activity; and (3) It is in the public interest, not only in the pursuit of justice but also as a means of combating such criminal street gang activity and of contributing to the general public welfare by improving the esthetics of public views, to compensate as provided in this chapter those private property owners who are the innocent victims of such criminal trespass or criminal damage to property in the second degree by using inmate labor to remove or obliterate graffiti unlawfully placed on private properties when such graffiti is visible from public roads or other public property.
17-15A-4. In order to provide a form of compensation by the state to innocent victims of criminal trespass in violation of Code Section 16-7-21 or criminal damage to property in the second degree in violation of Code Section 16-7-23, either of which crime involved the unlawful placement of graffiti upon private property by a person who was not the owner of such property, the Board of Corrections or any political subdivision of this state may authorize the use of labor by inmates from any penal institution or jail under its authority to remove or obliterate such unlawfully placed graffiti when such graffiti is visible from any public road or other public property. Any such authorization and related supervision of inmates shall be a discretionary function within the meaning of paragraph (2) of Code Section 50-21-24 for purposes of sovereign immunity, and the sovereign immunity of neither the state nor any political subdivision thereof is waived for any loss arising out of such authorization or related supervision of inmates. The Board of Corrections shall provide rules and regulations governing such use of labor by inmates from institutions under its jurisdiction."
SECTION 2. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by striking subsection (d) of Code Section 42-1-5, relating to use of inmates for private gain, and inserting in lieu thereof the following:
"(d) This Code section shall not apply to: (1) Work on private property because of natural disasters;

FRIDAY, MARCH 28, 2003

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(1.1) Work on private property as a form of victim compensation in accordance with Chapter 15A of Title 17; (2) Work or other programs or releases which have the prior approval of the board or commissioner of corrections; (3) Community service work programs; or (4) Work-release programs."
SECTION 3. Said title is further amended by striking subsection (e) of Code Section 42-5-60, relating to hiring out of inmates, sales of products produced by inmates, disposition of proceeds, and payments to inmates for services, and inserting in lieu thereof the following:
"(e) The department or any state correctional institution or county correctional institution operating under jurisdiction of the board shall be authorized to require inmates coming into its custody to labor on the public roads or public works or in such other manner as the board may deem advisable, including without limitation any labor authorized under Chapter 15A of Title 17. The department may also contract with municipalities, cities, counties, the Department of Transportation, or any other political subdivision, public authority, public corporation, or agency of state or local government created by law, which entities are authorized by this Code section to contract with the department, for the construction, repair, or maintenance of roads, bridges, public buildings, and any other public works by use of penal labor."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Ehrhart of the 28th and Marin of the 66th move to amend the Committee substitute to HB 144 by adding after the first semicolon on line 5 of page 1 the following:
"to provide that local government graffiti removal programs shall not charge certain fees;".
By inserting at the beginning of line 19 of page 2 the designation "(a)".
By striking the quotation mark on line 32 of page 2 and inserting after line 32 of page 2 the following:
"(b) No graffiti removal program operated by any political subdivision of this state shall charge any fee to any property owner or operator for removal of graffiti from such property.'"

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JOURNAL OF THE HOUSE

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 Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges Y Brock N Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley N Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd
Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree N Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane E Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S E Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C E Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Sinkfield
Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes E Stoner Y Teilhet E Teper N Thomas, A N Thomas, A.M Y Thompson Y Twiggs
Walker, L Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A Williams, E Y Williams, R Y Wix Y Yates Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 157, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

FRIDAY, MARCH 28, 2003

1809

Representative Henson of the 55th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Forster of the 3rd, Post 1 stated that 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 626. By Representatives Childers of the 13th, Post 1, Smith of the 13th, Post 2, Reece of the 11th, Birdsong of the 104th and Royal of the 140th:
A BILL to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles so as to provide for an exemption from such taxation with respect to certain motor vehicles owned or leased by veterans organizations; and for other purposes.

The report of the Committee, which was favorable to the 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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson

Y Hill, C.A Y Hill, V Y Hines
Holmes Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Joyce Y Keen Y Knox Y Lane E Lewis Y Lord Lucas Lunsford Y Maddox Y Mangham

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S E Rice Y Richardson

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson Y Stokes E Stoner Y Teilhet E Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L
Walker, R.L Y Warren

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Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath
Heckstall Y Hembree Y Henson Y Hill, C

Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Roberts, J Roberts, L
Y Rogers, C E Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Holmes of the 48th, Post 1 stated that 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 257. By Representative James of the 114th:
A RESOLUTION designating a portion of SR 247 as the Robert Ray Parkway; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux
Borders Y Bridges

N Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps
Fleming

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish

Sims Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Smith, V Smyre Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson

Y Brock Y Brooks
Broome Y Brown Y Bruce Y Buck Y Buckner, D
Buckner, G Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

FRIDAY, MARCH 28, 2003

Y Floyd, H Floyd, J Fludd Forster Franklin
Y Gardner Golick
Y Graves, D Y Graves, T Y Greene
Greene-Johnson Y Hanner Y Harbin Y Harper
Harrell Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson N Hill, C

Y Jordan Y Joyce Y Keen N Knox Y Lane E Lewis Y Lord
Lucas Lunsford Maddox Y Mangham Y Manning Y Marin Y Martin Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall
Ray Y Reece, B Y Reece, S E Rice Y Richardson Y Roberts, J Y Roberts, L
Rogers, C E Rogers, Ch.
Royal Y Rynders Y Sailor Y Scott
Shaw Y Sheldon Y Sholar

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Y Stokes E Stoner Y Teilhet E Teper
Thomas, A Thomas, A.M Y Thompson Y Twiggs Walker, L Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Yates Coleman, Speaker

On the adoption of the Resolution, the ayes were 139, nays 3. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Heard of the 70th, Post 3 stated that 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 95.

By Representatives Sims of the 130th, McBee of the 74th, Porter of the 119th and Ehrhart of the 28th:
A BILL to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs, so as to provide a cause of action against certain persons in favor of certain colleges and universities and student athletes for violations of college athletic recruitment rules and regulations; to provide for damages, costs, attorney's fees, and injunctive relief; to provide for certain required disclosures for all student-athletes in high schools in this state; and for other purposes.

The following Committee substitute was read and adopted:

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A BILL
To amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs, so as to provide a cause of action against certain persons in favor of certain colleges and universities and student athletes for violations of college athletic recruitment rules and regulations; to provide for damages, costs, attorneys fees, and injunctive relief; to provide for certain required disclosures for all student-athletes in high schools in this state; to provide for criminal penalties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs, is amended by adding new Code Sections 20-2317 and 20-2-318 to read as follows:
"20-2-317. (a) As used in this Code Section, the term:
(1) 'Immediate family' shall mean a student-athletes spouse, child, parent, stepparent, grandparent, grandchild, brother, sister, mother-in-law, father-in-law, sister-in-law, brother-in-law, nephew, niece, aunt, uncle, first cousin, and the spouses and guardians of any such individuals. (2) 'Person' shall mean an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, firm, or any other legal or commercial entity. (3) 'Student-athlete' shall mean a student at any public or private institution of postsecondary education in this state or a student residing in this state who has applied, is eligible to apply, or may be eligible to apply in the future to a public or private institution of postsecondary education who engages in, is eligible to engage in, or may be eligible to engage in any intercollegiate sporting event, contest, exhibition, or program. (b) Except as provided in subsection (c) of this Code section, no person shall give, offer, promise, or attempt to give any money or other thing of value to a student-athlete or member of a student-athletes immediate family: (1) To induce, encourage, or reward the student-athletes application, enrollment, or attendance at a public or private institution of postsecondary education in order to have the athlete participate in intercollegiate sporting events, contests, exhibitions, or programs at that institution; or (2) To induce, encourage, or reward the student-athletes participation in an intercollegiate sporting event, contest, exhibition, or program. (c) This Code section shall not apply to: (1) Any public or private institution of postsecondary education or to any officer or

FRIDAY, MARCH 28, 2003

1813

employee of such institution when the institution or officer or employee of such institution is acting in accordance with an official written policy of such institution which is in compliance with the bylaws of the National Collegiate Athletic Association; (2) Any intercollegiate athletic awards approved or administered by the studentathletes institution; (3) Grants-in-aid or other full or partial scholarships awarded to a student-athlete or administered by an institution of postsecondary education; (4) Members of the student-athletes immediate family; and (5) Money or things of value given by a person to a student-athlete or the immediate family of a student-athlete that do not exceed $250.00 in value in the aggregate on an annual basis. (d) Any person that violates the provisions of subsection (b) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature. (e) Each public and private high school in this state shall advise in writing at the beginning of each sports season each student who participates in any athletic program sponsored by the school of the provisions of this Code section and shall provide each student with information concerning the effect of receiving money or other things of value on the students future eligibility to participate in intercollegiate athletics. The provisions of this subsection shall not apply to intermural athletic programs at such schools.
20-2-318. (a) As used in this Code Section, the term:
(1) 'Immediate family' shall mean a student-athletes spouse, child, parent, stepparent, grandparent, grandchild, brother, sister, mother-in-law, father-in-law, sister-in-law, brother-in-law, nephew, niece, aunt, uncle, first cousin, and the spouses and guardians of any such individuals. (2) 'Person' shall mean an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, firm, or any other legal or commercial entity. (3) 'Student-athlete' shall mean a student at any public or private institution of postsecondary education in this state or a student residing in this state who has applied, is eligible to apply, or may be eligible to apply in the future to a public or private institution of postsecondary education who engages in, is eligible to engage in, or may be eligible to engage in any intercollegiate sporting event, contest, exhibition, or program. (b) Each public and private institution of postsecondary education located in this state that participates or engages in intercollegiate athletics shall have a right of action against any person who engages in any activity concerning student-athletes that results in the institution being penalized, disqualified, or suspended from participation in intercollegiate athletics by a national association for the promotion and regulation of intercollegiate athletics, by an athletic conference or other sanctioning body, or by

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JOURNAL OF THE HOUSE

reasonable self-imposed disciplinary action taken by such institution to mitigate sanctions likely to be imposed by such organizations as a result of such activity. The institution shall be entitled to recover all damages which are directed related to or which flow from and are reasonably related to such improper activity and to such penalties, disqualifications, and suspensions. Damages shall include, but not be limited to, loss of scholarships, loss of television revenue, loss of bowl revenue, and legal and other fees associated with the investigation of the activity and the representation of the institution before the sanctioning organizations in connection with the investigation and resolution of such activity. If the institution is the prevailing party in its cause of action, it shall be entitled to an award of court costs, costs of litigation, and reasonable attorneys fees. The institution may also request and the court may enter an injunction against any person found liable from having any further contact with the institution, its student-athletes, and student-athletes who have expressed or might express an interest in attending the institution and from attending athletic contests, exhibitions, games, or other such events in which one or more of the institutions student-athletes is participating. The right of action and remedies under this Code section are in addition to all other rights of action which may be available to the institution."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

N Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders Y Bridges

Y Day Y Dean Y Deloach Y Dix Y Dodson N Dollar Y Dooley Y Douglas Y Drenner
Dukes Ehrhart Y Elrod Y Epps Y Fleming

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish

Y Sims Sinkfield
Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson

Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers N Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

FRIDAY, MARCH 28, 2003

Y Floyd, H Floyd, J Fludd
Y Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T
Greene Greene-Johnson Y Hanner Y Harbin Y Harper Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Jordan N Joyce Y Keen Y Knox Y Lane E Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham Manning Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall McClinton Millar Y Mills Y Mitchell

Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B N Reece, S E Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C E Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott
Shaw Sheldon Y Sholar

1815
Y Stokes E Stoner Y Teilhet E Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs
Walker, L Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Yates Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 144, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 521. By Representatives Porter of the 119th, Wilkinson of the 41st, McBee of the 74th, Parrish of the 102nd, Childers of the 13th, Post 1 and others:
A BILL to amend Article 1 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to definitions related to postsecondary education, so as to require postsecondary educational institutions to provide information about meningococcal meningitis to enrolled students; to require documentation that a student has received and reviewed information about meningococcal meningitis and has chosen not to be vaccinated; and for other purposes.

The following Committee substitute was read:

A BILL To amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to

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JOURNAL OF THE HOUSE

control of hazardous conditions, so as to require postsecondary educational institutions to provide information about meningococcal disease to enrolled students; to require documentation that a student has received and reviewed information about meningococcal disease; to provide that postsecondary educational institutions shall not be required to pay for such vaccinations; 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 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, is amended by adding following Code Section 31-12-3.1, relating to childhood vaccination registry and reporting requirements, maintenance, and use, a new Code Section 31-12-3.2 to read as follows:
"31-12-3.2. (a) Every public and nonpublic postsecondary educational institution shall provide to each newly admitted or matriculated freshman or transfer student or to the students parent or guardian if the student is a minor, the following information:
(1) Meningococcal disease is a serious disease that can lead to death within only a few hours of onset; one in ten cases is fatal; and one in seven survivors of the disease is left with a severe disability, such as the loss of a limb, mental retardation, paralysis, deafness, or seizures; (2) Meningococcal disease is contagious but a largely preventable infection of the spinal cord fluid and the fluid that surrounds the brain; (3) Scientific evidence suggests that college students living in dormitory facilities are at a moderately increased risk of contracting meningococcal disease; and (4) Immunization against meningococcal disease will decrease the risk of the disease. (b) Students who are 18 years of age or older shall be required to sign a document provided by the postsecondary educational institution stating that he or she has received and reviewed the information provided as required by subsection (a) of this Code section. If a student is a minor, only a parent or guardian may sign such document. (c) Nothing in this Code section shall be construed to require any postsecondary educational institution to provide or pay for vaccinations of students against meningococcal disease."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Franklin of the 17th moves to amend the Committee substitute to HB 521

FRIDAY, MARCH 28, 2003

1817

by adding after the word "information" on line 3 of page 2 the following:
"concerning both the possible risks of meningococcal disease and the possible risks of vaccination".

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

Y Amerson N Anderson N Ashe N Bannister N Barnard N Barnes N Beasley-Teague N Benfield N Birdsong N Black
Boggs N Bordeaux N Borders
Bridges Y Brock N Brooks
Broome Y Brown N Bruce N Buck N Buckner, D
Buckner, G Y Bunn N Burkhalter Y Burmeister Y Butler N Campbell
Casas Y Chambers N Channell N Childers Y Coan N Coleman, B N Cooper N Crawford N Cummings

Y Day Dean
N Deloach N Dix N Dodson
Dollar N Dooley N Douglas N Drenner
Dukes Ehrhart N Elrod N Epps N Fleming N Floyd, H Floyd, J N Fludd Forster Y Franklin N Gardner Y Golick N Graves, D Y Graves, T Greene N Greene-Johnson N Hanner N Harbin N Harper N Harrell N Heard, J N Heard, K N Heath N Heckstall N Hembree N Henson Y Hill, C

N Hill, C.A N Hill, V Y Hines N Holmes N Houston N Howard N Howell N Hudson N Hugley N Jackson N James N Jamieson N Jenkins N Jones N Jordan Y Joyce Y Keen Y Knox Y Lane E Lewis N Lord
Lucas Lunsford N Maddox N Mangham Y Manning N Marin N Martin Y Massey N Maxwell N McBee N McCall N McClinton Y Millar Y Mills N Mitchell

N Mobley N Moraitakis N Morris N Mosby N Mosley Y Murphy, J N Murphy, Q N Noel N Oliver, B N Oliver, M Y O'Neal
Orrock N Parham N Parrish
Parsons N Porter N Powell N Purcell N Ralston N Randall N Ray N Reece, B N Reece, S E Rice Y Richardson N Roberts, J
Roberts, L N Rogers, C E Rogers, Ch. N Royal Y Rynders N Sailor Y Scott
Shaw N Sheldon N Sholar

Sims Sinkfield N Skipper N Smith, B N Smith, L N Smith, P N Smith, T Smith, V N Smyre Y Snow Stanley-Turner N Stephens, E N Stephens, R N Stephenson N Stokes E Stoner N Teilhet E Teper N Thomas, A Thomas, A.M N Thompson N Twiggs Walker, L Walker, R.L N Warren N Watson Y Westmoreland Y White N Wilkinson N Willard N Williams, A N Williams, E Y Williams, R N Wix Yates Coleman, Speaker

On the adoption of the amendment, the ayes were 31, nays 117. The amendment was lost.

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JOURNAL OF THE HOUSE

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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks
Broome Y Brown Y Bruce Y Buck Y Buckner, D
Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell
Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

N Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T
Greene Y Greene-Johnson
Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane E Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal
Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S E Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C E Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott
Shaw Y Sheldon Y Sholar

Y Sims Sinkfield
Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes E Stoner Y Teilhet E Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs
Walker, L Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Yates Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 154, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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HB 680. By Representatives Epps of the 90th, Graves of the 106th, Floyd of the 132nd, Greene of the 134th, Crawford of the 91st and others:
A BILL to amend Article 4A of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to cashing checks, drafts, or money orders for consideration, so as to change the exemption requirement for licensure for certain businesses that are engaged in check cashing; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Regulated Industries moves to amend HB 680 by striking on line 12 of page 1 "$1.00" and inserting in lieu thereof the following:
"$1.00 $2.00".

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister

Y Day Dean Deloach Dix
Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T
Greene Y Greene-Johnson

Y Hill, C.A Y Hill, V Y Hines N Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson
James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane E Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal
Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S E Rice Y Richardson

Y Sims Sinkfield
Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes E Stoner Y Teilhet E Teper
Thomas, A Y Thomas, A.M Y Thompson Y Twiggs
Walker, L Walker, R.L Y Warren

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Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar
Mills Y Mitchell

Y Roberts, J Roberts, L
Y Rogers, C E Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott
Shaw Y Sheldon
Sholar

Y Watson Y Westmoreland
White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Coleman, Speaker

On the passage of the Bill, as amended, the ayes were 151, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 191. By Representative Lord of the 103rd:
A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for the voluntary cancellation of the registration of certain vehicles and the restoration thereof; to provide definitions; to provide for an exception for insurers for reporting certain insurance coverage for fleet insurance policies; to change the fees for lapse and restoration fees; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for the voluntary cancellation of the registration of certain vehicles and the restoration thereof; to provide definitions; to provide for an exception for insurers for reporting certain insurance coverage for fleet insurance policies; to change the fees for lapse and restoration fees; to provide that the commissioner may waive lapse fees in certain situations; to provide a date for the beginning of suspensions, lapse fees, and restoration fees; to change the information which shall not be disclosed; to provide a date for the provision of reports to the Commissioner of Insurance of violations of the notice requirement by insurers; to provide an exception to such reports for fleet policies; to provide for access to insurance records maintained by the department for the insurer of record and for the manner for access to such records; to change certain provisions concerning proof of insurance; to require that law enforcement officers verify insurance

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coverage on each vehicle stopped; to change the provisions relative to the taking of the drivers license of the operator of a vehicle for which there is no acceptable evidence of minimum insurance coverage by an arresting officer; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by adding a new Code Section 40-2-10 to read as follows:
"40-2-10. A vehicle registrant may voluntarily cancel the registration on a vehicle if the vehicle is stolen, repossessed but not redeemed by the registrant, junked, inoperable, in storage, or used seasonally for agricultural or other purposes when such vehicle is not in use. A registration that has been voluntarily cancelled may be reinstated upon payment of all accrued ad valorem taxes and license fees, if any, and payment of a $10.00 fee."
SECTION 2. Said title is further amended by striking Code Section 40-2-137, relating to notification of coverage termination, and inserting 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) 'Fleet policy' means a commercial vehicle policy that insures two or more vehicles that are not identified individually by vehicle identification number on the policy or a commercial policy that is subject to adjustment by audit for vehicle changes at the end of the policy period. (3) 'Lapse' means one or more days upon which the records of the department do not reflect that a motor vehicle was covered by a policy of minimum motor vehicle insurance coverage. (4) 'Minimum motor vehicle insurance coverage' means minimum coverage as specified in Chapter 34 of Title 33. (3) (5) 'Proof of minimum insurance coverage' means the receipt from an insurer by the department of notice of such insurance coverage by electronic transmission or other means approved by the department. (4) (6) '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.

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(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. If the vehicle is covered by a fleet policy, the owners insurer shall not be required to provide such proof to the department by electronic means. (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 $25.00 lapse fee of $25.00 and pays a $60.00 restoration fee of $60.00, or $50.00 when processed by mail, the suspension shall terminate; provided, however, that the commissioner may waive the lapse fee and restoration fee for any owner whose vehicle registration has been suspended pursuant to this paragraph who provides proof of continuous minimum motor vehicle insurance coverage. (3) In the event of a second suspension of the owners registration under this Code section after February 1, 2003, during any five-year period, the department by operation of law shall suspend the motor vehicle registration for a period of 90 days. After the 90 day suspension period and when proof is provided that minimum motor vehicle insurance coverage is in effect and the owner pays a $25.00 lapse fee of $25.00 and pays a $60.00 restoration fee of $60.00, or $50.00 when processed by mail, the suspension shall terminate.

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(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 $25.00 lapse fee of $25.00 and pays a $160.00 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 waive the lapse fee for any owner whose vehicle registration has been voluntarily cancelled pursuant to Code Section 40-2-10. (e) The commissioner may promulgate such rules and regulations as are necessary to implement this Code section. (f) The department shall commence the suspensions, lapse fees, and restoration fees provided for in this Code section beginning on July 1, 2003."
SECTION 3. Said title is further amended by striking Code Section 40-5-71, relating to notice of insurance issuance, renewal, or termination, and inserting in lieu thereof a new Code Section 40-5-71 to read as follows:
"40-5-71. (a) As used in this Code section, the term:
(1) 'Commercial vehicle policy' means a policy of motor vehicle liability insurance insuring a motor vehicle that is rated or insured as a business use or commercial use vehicle or is licensed by the state as a commercial vehicle, except that such term shall not include any policy issued to a named insured who is a natural person. (2) 'Fleet policy' means a commercial vehicle policy that insures two or more vehicles that are not identified individually by vehicle identification number on the policy or a commercial policy that is subject to adjustment by audit for vehicle changes at the end of the policy period. (3) 'Owner' shall have the same meaning given in paragraph (.2) of subsection (a) of Code Section 40-2-21. (4) '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.
(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 other than a fleet policy 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; except that once coverage data has been electronically transmitted to the department, there shall be no requirement to report on subsequent renewals of

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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 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. The department shall commence the reports provided for in this Code section beginning January 1, 2004. (D) The reports required of insurers and the Commissioner of Insurance shall not apply to any vehicle for which the vehicle coverage is provided by a fleet policy. (2) The department shall prescribe the form and manner of electronic transmission for the purposes of insurers sending the notices required by this Code section which shall in no way be construed as modifying the provisions of Code Section 33-24-45. (3) Notwithstanding the provisions of paragraph (1) of this subsection, any irregularities in the notice to the department required by paragraph (1) of this subsection shall not invalidate an otherwise valid cancellation termination. (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

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available for inspection by any law enforcement officer for official law enforcement investigations, the insurer of record, and the owner of the vehicle in the manner prescribed by the commissioner. (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 that it submitted to the department is in fact the accurate number on the insured vehicle, then the insurer shall so notify the department and the owner of the vehicle, whereupon the owner shall, in accordance with department procedures, obtain a correction of such number at the appropriate county tag office."
SECTION 4. Said title is further amended by striking Code Section 40-6-10, relating to insurance requirements for operation of motor vehicles generally, and inserting in lieu thereof a new Code Section 40-6-10 to read as follows:
"40-6-10. (a)(1) Until January 31, 2003, the owner or operator of a motor vehicle for which minimum motor vehicle liability insurance coverage is required under Chapter 34 of Title 33 shall keep proof or evidence of required minimum insurance coverage in the vehicle at all times during the operation of the vehicle. The owner of a motor vehicle shall provide to any operator of such vehicle proof or evidence of required minimum insurance coverage for the purposes of compliance with this subsection. (2) The following shall be acceptable proof of insurance on a temporary basis: (A) If the policy providing such coverage was applied for within the last 30 days, a current written binder for such coverage for a period not exceeding 30 days from the date such binder was issued shall be considered satisfactory proof or evidence of required minimum insurance coverage; (B) If the vehicle is operated under a rental agreement, a duly executed vehicle rental agreement shall be considered satisfactory proof or evidence of required minimum insurance coverage; and (C) If the owner acquired ownership of the motor vehicle in question within the past 20 30 days, if the type of proof described in subparagraph (A) of this paragraph is not applicable but the vehicle is currently effectively provided with required minimum insurance coverage under the terms of a policy providing required minimum insurance coverage for another motor vehicle, then a copy of the insurers declaration of coverage under the policy providing such required minimum

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insurance coverage for such other vehicle shall be considered satisfactory proof or evidence of required minimum insurance coverage for the vehicle in question, but only if accompanied by proof or evidence that the owner acquired ownership of the vehicle in question within the past 20 30 days; (D) If the vehicle is insured under a fleet policy as defined in Code Section 40-2137 providing the required minimum insurance coverage or if the vehicle is engaged in interstate commerce and registered under the provisions of Article 3A of Chapter 2 of this title, the insurance information card issued by the insurer shall be considered satisfactory proof of required minimum insurance coverage for the vehicle; and (E) If the vehicle is insured under a certificate of self-insurance issued by the Commissioner of Insurance providing the required minimum insurance coverage under which the vehicle owner did not report the vehicle identification number to the Commissioner of Insurance, the insurance information card issued by the Commissioner of Insurance shall be considered satisfactory proof of required minimum insurance coverage for the vehicle, but only if accompanied by a copy of the certificate issued by the Commissioner of Insurance. (3) On and after February 1, 2003, the requirement under this Code section that proof or evidence of minimum liability insurance be maintained in a motor vehicle at all times during the operation of the vehicle shall not apply to the owner or operator of any vehicle for which the records or data base of the Department of Motor Vehicle Safety indicate indicates that required minimum insurance coverage is currently effective. (4) Except as otherwise provided in paragraph (7) of this subsection, any person who fails to comply with the requirements of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both. (5) Every law enforcement officer in this state shall determine if the operator of a motor vehicle subject to the provisions of this Code section has the required minimum insurance coverage every time the law enforcement officer stops the vehicle or requests the presentation of the drivers license of the operator of the vehicle. (6) If a law enforcement officer of this state determines that the owner or operator of a motor vehicle subject to the provisions of this Code section does not have proof or evidence of required minimum insurance coverage, the arresting officer shall issue a uniform traffic citation for operating a motor vehicle without proof of insurance and shall take possession of the drivers license and forward it to a court of competent jurisdiction. If the court or arresting officer determines that the operator is not the owner, then a uniform traffic citation may be issued to the owner for authorizing the operation of a motor vehicle without proof of insurance. (7) If the person receiving a citation under this subsection shows to the court having jurisdiction of the case that required minimum insurance coverage was in effect at the time the citation was issued, the court shall return the drivers license upon payment

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of may impose a fine not to exceed $25.00. The court shall not in this case forward a record of the disposition of the case to the department and the drivers license of such person shall not be suspended.
(8)(A) For purposes of this Code section up to and including January 31, 2003, a valid insurance card shall be sufficient proof of insurance for any vehicle. (B) For purposes of this Code section on and after February 1, 2003, a valid insurance card shall be sufficient proof of insurance only for any vehicle covered under a commercial vehicle fleet policy as defined in Code Section 40-5-71. The insurance card for a fleet policy shall contain at least the name of the insurer, policy number, policy issue or effective date, policy expiration date, and the name of the insured and may, but shall not be required to, include the year, make, model, and vehicle identification number of the vehicle insured. (C) For any vehicle covered under a policy of motor vehicle liability insurance that is not a commercial vehicle fleet policy as defined in Code Section 40-5-71, the insurer shall issue a policy information identification card which shall contain at least the name of the insurer, policy number, policy issue or effective date, policy expiration date, name of the insured, and year, make, model, and vehicle identification number of each vehicle insured; provided, however, that on and after February 1, 2003, any such policy information identification card shall not be sufficient proof of insurance for any purposes of this Code section except as otherwise provided in this Code section. (b) An owner or any other person who knowingly operates or knowingly authorizes another to operate a motor vehicle without effective insurance on such vehicle or without an approved plan of self-insurance shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both. An operator of a motor vehicle shall not be guilty of a violation of this Code section if such operator maintains a policy of motor vehicle insurance which extends coverage to any vehicle the operator may drive. An owner or operator of a motor vehicle shall not be issued a citation by a law enforcement officer for a violation of this Code section if the sole basis for issuance of such a citation is that the law enforcement officer is unable to obtain insurance coverage information from the records of the department. (c) Any person who knowingly makes a false statement or certification under Code Section 40-5-71 or this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both. (d) Insurance Except for vehicles insured under a fleet policy as defined in Code Section 40-2-137 or under a plan of self insurance approved by the Commissioner of Insurance, insurance coverage information from records of the department shall be prima-facie evidence of the facts stated therein and shall be admissible as evidence in accordance with Code Section 24-3-17 for the purposes of this Code section. (e) The minimum liability insurance data base of the department shall be operational for the purposes of testing, evaluation, verification of data, and validation of accuracy

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not later than November 1, 2002, and shall be fully operational not later than February 1, 2003."
SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except for Sections 1 and 4 which shall become effective July 1, 2003.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Lord of the 103rd et al., was read:

A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for the voluntary cancellation of the registration of certain vehicles and the restoration thereof; to change certain provisions relating to form and contents of application for registration and heavy vehicle tax; to provide that vehicle registration or renewal thereof shall not be issued under certain conditions; to change certain provisions relating to notification of coverage termination; to change certain provisions relating to notice of insurance issuance, renewal, or termination; to change certain provisions relating to insurance requirements for operation of motor vehicles generally; to change certain provisions relating to insurance requirements for operation of motorcycles; to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident reparations, so as to repeal certain provisions relating to vehicles not to be licensed until proof of insurance is furnished; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by adding a new Code Section 40-2-10 to read as follows:
"40-2-10. A vehicle registrant may voluntarily cancel the registration on a vehicle if the vehicle is stolen, repossessed but not redeemed by the registrant, junked, inoperable, in storage, or used seasonally for agricultural or other purposes when such vehicle is not in use. A registration that has been voluntarily cancelled may be reinstated upon payment of all accrued ad valorem taxes and license fees, if any."

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SECTION 2. Said title is further amended in Code Section 40-2-26, relating to form and contents of application for registration and heavy vehicle tax, by striking subsection (d) and inserting in lieu thereof the following:
"(d)(1) On and after February 1, 2003, no As used in this subsection, for the purpose of issuing or renewing motor vehicle registration, the term 'satisfactory proof' means:
(A) Any type of proof that is satisfactory or sufficient proof of the owners insurance coverage under subsection (a) of Code Section 40-6-10; (B) Information obtained from the records or data base of the department regarding the owners insurance coverage which information is derived from notice provided to the department pursuant to Code Section 40-5-71; or (C) Such other type of proof of the owners insurance coverage as may be approved for purposes of this Code section by rule or regulation of the department. (2) No vehicle registration or renewal thereof shall be issued to any motor vehicle if: (A) If the vehicle registration thereof has been revoked, suspended, or canceled; and unless (B) Unless the tag agent receives 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 or an approved self-insurance plan and, in the case of a private passenger vehicle, that such coverage was initially issued for a minimum term of six months; 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 40-610."
SECTION 3. Said title is further amended by striking Code Section 40-2-137, relating to notification of coverage termination, and inserting 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) 'Fleet policy' means a commercial vehicle policy that insures two or more vehicles that are not identified individually by vehicle identification number on the policy or a commercial policy that is subject to adjustment by audit for vehicle changes at the end of the policy period. (3) 'Lapse' means one or more days upon which the records of the department do not reflect that a motor vehicle was covered by a policy of minimum motor vehicle insurance coverage.

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(4) 'Minimum motor vehicle insurance coverage' means minimum coverage as specified in Chapter 34 of Title 33. (3) (5) 'Proof of minimum insurance coverage' means the receipt from an insurer by the department of notice of such insurance coverage by electronic transmission or other means approved by the department. (4) (6) '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. If the vehicle is covered by a fleet policy, the owners insurer shall not be required to provide such proof to the department by electronic means. (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. If any lapse fee provided for in this Code section is paid to the county tax commissioner, the county shall retain $5.00 thereof as a collection fee. (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 $25.00 lapse fee of $25.00 and

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pays a $60.00 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. If any restoration fee provided for in this Code section is paid to the county tax commissioner, the county shall retain $10.00 thereof as a collection fee. (3) In the event of a second suspension of the owners registration under this Code section on or after February December 1, 2003, during any five-year period, the department by operation of law shall suspend the motor vehicle registration for a period of 90 days. After the 90 day suspension period and when proof is provided that minimum motor vehicle insurance coverage is in effect and the owner pays a $25.00 lapse fee of $25.00 and pays a $60.00 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 on or after February December 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 $25.00 lapse fee of $25.00 and pays a $160.00 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 waive the lapse fee for any owner whose vehicle registration has been voluntarily cancelled pursuant to Code Section 40-2-10. (e) The commissioner may promulgate such rules and regulations as are necessary to implement this Code section. (f) The department shall commence suspending motor vehicle registrations as provided in this Code section on December 1, 2003. The department shall commence requiring payment of lapse fees and restoration fees as provided in this Code section on January 1, 2004."
SECTION 4. Said title is further amended by striking Code Section 40-5-71, relating to notice of insurance issuance, renewal, or termination, and inserting in lieu thereof a new Code Section 40-5-71 to read as follows:
"40-5-71. (a) As used in this Code section, the term:
(1) 'Commercial vehicle policy' means a policy of motor vehicle liability insurance insuring a motor vehicle that is rated or insured as a business use or commercial use vehicle or is licensed by the state as a commercial vehicle, except that such term shall not include any policy issued to a named insured who is a natural person. (2) 'Fleet policy' means a commercial vehicle policy that insures two or more vehicles that are not identified individually by vehicle identification number on the

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policy or a commercial policy that is subject to adjustment by audit for vehicle changes at the end of the policy period. (3) 'Owner' shall have the same meaning given in paragraph (.2) of subsection (a) of Code Section 40-2-21. (4) '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.
(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 other than a fleet policy 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; except that once coverage data has been electronically transmitted to the 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 name of insurer; 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 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

FRIDAY, MARCH 28, 2003

1833

insurers rate base. The department shall commence the reports provided for in this Code section beginning January 1, 2004. (D) The reports required of insurers and the Commissioner of Insurance shall not apply to any vehicle for which the vehicle coverage is provided by a fleet policy. (2) The department shall prescribe the form and manner of electronic transmission for the purposes of insurers sending the notices required by this Code section which shall in no way be construed as modifying the provisions of Code Section 33-24-45. (3) Notwithstanding the provisions of paragraph (1) of this subsection, any irregularities in the notice to the department required by paragraph (1) of this subsection shall not invalidate an otherwise valid cancellation termination. (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, the insurer of record, and the owner of the vehicle in the manner prescribed by the commissioner. (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 that it submitted to the department is in fact the accurate number on the insured vehicle, then the insurer shall so notify the department and the owner of the vehicle, whereupon the owner shall, in accordance with department procedures, obtain a correction of such number at the appropriate county tag office."
SECTION 5. Said title is further amended by striking Code Section 40-6-10, relating to insurance requirements for operation of motor vehicles generally, and inserting in lieu thereof a new Code Section 40-6-10 to read as follows:
"40-6-10. (a)(1) Until January 31, 2003, the The owner or operator of a motor vehicle for which minimum motor vehicle liability insurance coverage is required under Chapter 34 of Title 33 shall keep proof or evidence of required minimum insurance coverage in the vehicle at all times during the operation of the vehicle. The owner of a motor vehicle

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shall provide to any operator of such vehicle proof or evidence of required minimum insurance coverage for the purposes of compliance with this subsection. (2) The following shall be acceptable proof of insurance on a temporary basis:
(A) If the policy providing such coverage was applied for within the last 30 days, a current written binder for such coverage for a period not exceeding 30 days from the date such binder was issued shall be considered satisfactory proof or evidence of required minimum insurance coverage; (B) If the vehicle is operated under a rental agreement, a duly executed vehicle rental agreement shall be considered satisfactory proof or evidence of required minimum insurance coverage; and (C) If the owner acquired ownership of the motor vehicle in question within the past 20 30 days, if the type of proof described in subparagraph (A) of this paragraph is not applicable but the vehicle is currently effectively provided with required minimum insurance coverage under the terms of a policy providing required minimum insurance coverage for another motor vehicle, then a copy of the insurers declaration of coverage under the policy providing such required minimum insurance coverage for such other vehicle shall be considered satisfactory proof or evidence of required minimum insurance coverage for the vehicle in question, but only if accompanied by proof or evidence that the owner acquired ownership of the vehicle in question within the past 20 30 days. (2.1) If the vehicle is insured under a fleet policy as defined in Code Section 40-2137 providing the required minimum insurance coverage or if the vehicle is engaged in interstate commerce and registered under the provisions of Article 3A of Chapter 2 of this title, the insurance information card issued by the insurer shall be considered satisfactory proof of required minimum insurance coverage for the vehicle; and (2.2) If the vehicle is insured under a certificate of self-insurance issued by the Commissioner of Insurance providing the required minimum insurance coverage under which the vehicle owner did not report the vehicle identification number to the Commissioner of Insurance, the insurance information card issued by the Commissioner of Insurance shall be considered satisfactory proof of required minimum insurance coverage for the vehicle, but only if accompanied by a copy of the certificate issued by the Commissioner of Insurance. (3) On and after February 1, 2003 January 1, 2004, the requirement under this Code section that proof or evidence of minimum liability insurance be maintained in a motor vehicle at all times during the operation of the vehicle shall not apply to the owner or operator of any vehicle for which the records or data base of the Department of Motor Vehicle Safety indicate indicates that required minimum insurance coverage is currently effective. (4) Except as otherwise provided in paragraph (7) of this subsection, any person who fails to comply with the requirements of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both.

FRIDAY, MARCH 28, 2003

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(5) Every law enforcement officer in this state shall determine if the operator of a motor vehicle subject to the provisions of this Code section has the required minimum insurance coverage every time the law enforcement officer stops the vehicle or requests the presentation of the drivers license of the operator of the vehicle. (6) If a law enforcement officer of this state determines that the owner or operator of a motor vehicle subject to the provisions of this Code section does not have proof or evidence of required minimum insurance coverage, the arresting officer shall issue a uniform traffic citation for operating a motor vehicle without proof of insurance and shall take possession of the drivers license and forward it to a court of competent jurisdiction. If the court or arresting officer determines that the operator is not the owner, then a uniform traffic citation may be issued to the owner for authorizing the operation of a motor vehicle without proof of insurance. (7) If the person receiving a citation under this subsection shows to the court having jurisdiction of the case that required minimum insurance coverage was in effect at the time the citation was issued, the court shall return the drivers license upon payment of may impose a fine not to exceed $25.00. The court shall not in this case forward a record of the disposition of the case to the department and the drivers license of such person shall not be suspended.
(8)(A) For purposes of this Code section up to and including January December 31, 2003, a valid insurance card shall be sufficient proof of insurance for any vehicle. (B) For purposes of this Code section on and after February 1, 2003 January 1, 2004, a valid insurance card shall be sufficient proof of insurance only for any vehicle covered under a commercial vehicle fleet policy as defined in Code Section 40-5-71. The insurance card for a fleet policy shall contain at least the name of the insurer, policy number, policy issue or effective date, policy expiration date, and the name of the insured and may, but shall not be required to, include the year, make, model, and vehicle identification number of the vehicle insured. (C) For any vehicle covered under a policy of motor vehicle liability insurance that is not a commercial vehicle fleet policy as defined in Code Section 40-5-71, the insurer shall issue a policy information identification card which shall contain at least the name of the insurer, policy number, policy issue or effective date, policy expiration date, name of the insured, and year, make, model, and vehicle identification number of each vehicle insured; provided, however, that and on and after February 1, 2003 January 1, 2004, the owner or operator of the motor vehicle shall keep such policy information card in the vehicle at all times during operation of the vehicle for purposes of Code Section 40-6-273.1, but any such policy information identification card shall not be sufficient proof of insurance for any purposes of this Code section except as otherwise provided in this Code section. (b) An owner or any other person who knowingly operates or knowingly authorizes another to operate a motor vehicle without effective insurance on such vehicle or without an approved plan of self-insurance shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both. An operator of a

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motor vehicle shall not be guilty of a violation of this Code section if such operator maintains a policy of motor vehicle insurance which extends coverage to any vehicle the operator may drive. An owner or operator of a motor vehicle shall not be issued a citation by a law enforcement officer for a violation of this Code section if the sole basis for issuance of such a citation is that the law enforcement officer is unable to obtain insurance coverage information from the records of the department. (c) Any person who knowingly makes a false statement or certification under Code Section 40-5-71 or this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both. (d) Insurance Except for vehicles insured under a fleet policy as defined in Code Section 40-2-137 or under a plan of self insurance approved by the Commissioner of Insurance, insurance coverage information from records of the department shall be prima-facie evidence of the facts stated therein and shall be admissible as evidence in accordance with Code Section 24-3-17 for the purposes of this Code section. (e) The minimum liability insurance data base of the department shall be operational for the purposes of testing, evaluation, verification of data, and validation of accuracy not later than November 1, 2002, and shall be fully operational not later than February 1, 2003 January 1, 2004."
SECTION 6. Said title is further amended by striking Code Section 40-6-11, relating to insurance requirements for operation of motorcycles, and inserting in lieu thereof the following:
"40-6-11. (a) For the purposes of this Code section, 'motorcycle' means any motor vehicle traveling on public streets or highways having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground but excluding a tractor and a moped. (b) No owner of a motorcycle or any other person, other than a self-insurer as defined in Chapter 34 of Title 33, shall operate or authorize any other person to operate the motorcycle unless the owner has liability insurance on the motorcycle equivalent to that required as evidence of security for bodily injury and property damage liability under Code Section 40-9-37. Any person who violates this subsection shall be guilty of a misdemeanor. (c) The operator of a motorcycle shall keep proof or evidence of the minimum insurance coverage required by this Code section in his or her immediate possession or on the motorcycle at all times when such person is operating the motorcycle but only under the same circumstances and of the same type as prescribed for operators of other motor vehicles in paragraph (1) of subsection (a) of Code Section 40-6-10. Any person who violates this subsection shall be subject to a fine not to exceed $25.00; however, there shall be no suspension of the persons operators license or motor vehicle license tag for a violation of this subsection.
(d)(1) Insurance coverage information from records of the department shall be prima-

FRIDAY, MARCH 28, 2003

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facie evidence of the facts stated therein and shall be admissible as evidence in accordance with Code Section 24-3-17 for the purposes of this Code section. (2) Every law enforcement officer in this state shall request the operator of a motorcycle subject to the provisions of subsection (c) of this Code section to produce proof or evidence of minimum insurance coverage required by this Code section at any time the law enforcement officer stops the motorcycle or requests the presentation of the drivers license of such operator. (e) An owner or operator of a motorcycle shall not be issued a citation by a law enforcement officer for a violation of this Code section if the sole basis for issuance of such a citation is that the law enforcement officer is unable to obtain insurance coverage information from the records of the department."
SECTION 7. Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident reparations, is amended by striking and reserving Code Section 33-34-5, relating to vehicles not to be licensed until proof of insurance is furnished.
SECTION 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Franklin of the 17th et al. move to amend the Committee substitute to HB 191 by adding after the word "reason" and before the comma on line 22 of page 5 the following:
"other than as specified under subparagraph (b)(1)(B) of this Code section".
By striking the word "In" on line 5 of page 6 and inserting in lieu thereof the following:
"(i) Except as provided in division (ii) of this subparagraph, in In".
By inserting between lines 12 and 13 of page 6 the following: "(ii) The requirements of division (i) of this subparagraph shall not apply where the insured is a member of the armed forces of the United States who terminates his or her coverage during a period of time when he or she will be unable to use the insured vehicle because he or she is transferred to a duty station away from the

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location of the vehicle or he or she is on active sea duty."

By unanimous consent, further consideration of HB 191 was postponed until the next legislative day.

Representative Howard of the 98th District, Chairman of the Committee on Human Relations and Aging, submitted the following report:
Mr. Speaker:
Your Committee on Human Relations and Aging has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 318 Do Pass, by Substitute

Respectfully submitted, /s/ Howard of the 98th
Chairman

The following Resolutions of the House were read and adopted:

HR 605. By Representative Smyre of the 111th:
A RESOLUTION commending the Georgia Merit System; and for other purposes.

HR 606. By Representatives Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A RESOLUTION commending Hugh "Mac" Thompson, Sr.; and for other purposes.

HR 607. By Representatives Wix of the 33rd, Post 1, Harrell of the 54th, Benfield of the 56th, Post 1, Teilhet of the 34th, Post 2 and Dooley of the 33rd, Post 3:

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A RESOLUTION recognizing and commending Robert W. (Red) Smith; and for other purposes.

HR 608. By Representative Ehrhart of the 28th: A RESOLUTION commending James Reece; and for other purposes.

HR 609. By Representatives Butler of the 88th, Post 1, Harper of the 88th, Post 2, Maxwell of the 27th and Smith of the 87th:
A RESOLUTION commending the Carrollton High School Debate Team; and for other purposes.

HR 610. By Representative Smith of the 76th:
A RESOLUTION commending Honorable W. R. "Billy" Porterfield; and for other purposes.

HR 611. By Representatives Butler of the 88th, Post 1, Harper of the 88th, Post 2, Maxwell of the 27th and Smith of the 87th:
A RESOLUTION commending the Central Elementary School Quiz Kids Team for its success in the Knowledge Master Open; and for other purposes.

HR 612. By Representatives Cummings of the 19th and Heath of the 18th:
A RESOLUTION commending the Cedartown Middle School cheerleaders; and for other purposes.

HR 613. By Representative Ehrhart of the 28th:
A RESOLUTION recognizing and commending Stewart Adams; and for other purposes.

By unanimous consent, all remaining Bills on the Calendar were postponed until the next legislative day.

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By unanimous consent, HB 619 having been previously postponed, was again postponed until the next legislative day.

Representative Bordeaux of the 125th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

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

HB 331 Do Pass, by Substitute HB 367 Do Pass, by Substitute HB 708 Do Pass, by Substitute

HB 722 Do Pass HB 821 Do Pass

Respectfully submitted, /s/ Bordeaux of the 125th
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 7, 2003.

MONDAY, APRIL 7, 2003 Representative Hall, Atlanta, Georgia
Monday, April 7, 2003

1841

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.

The following communication was received:

To: Robert Rivers Clerk of the House
I apologize for my absence the morning session of April 7, 2003.
I got word late Friday afternoon I had a seat on the Governor's plane to the bridge opening in Glynn County and left too early to notify this A.M.
Thank you.
/s/ Cecily Hill Dist. 147

Prayer was offered by the Rev. George O. McCaleb, Jr., Pastor, Green Forest Community Baptist Church, Decatur, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, 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.

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By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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

HB 904. By Representative Lane of the 101st:
A BILL to provide that future elections for the office of chief magistrate of Screven County shall be nonpartisan elections; and for other purposes.

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

HB 905. By Representative Ehrhart of the 28th:
A BILL to amend Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions relative to juvenile proceedings, so as to redefine "child"; and for other purposes.

Referred to the Committee on Judiciary.

HB 906. By Representatives Benfield of the 56th, Post 1, Oliver of the 56th, Post 2, Mitchell of the 61st, Post 3, Drenner of the 57th and Henson of the 55th:
A BILL to amend Article 5 of Chapter 36 of Title 36 of the Official Code of

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Georgia Annotated, relating to limitations on annexation, so as to repeal a requirement that municipalities may not annex in counties with populations between 625,000 and 725,000 except upon the approval of the county governing authority; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 907. By Representative Stephens of the 123rd:
A BILL to amend an Act creating a new charter for the City of Pooler, so as to change provisions relating to the powers and duties of the mayor; to provide for a city manager; and for other purposes.

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

HB 908. By Representative Mobley of the 58th:
A BILL to provide for an advisory referendum election to be held throughout the State of Georgia for the purpose of determining whether the qualified electors of the State of Georgia desire the prohibition of the use of hand-held mobile communication devices when driving a motor vehicle with exceptions for use of such devices by law enforcement and in emergency situations; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 909. By Representatives Wix of the 33rd, Post 1, Teilhet of the 34th, Post 2, Golick of the 34th, Post 3, Ehrhart of the 28th, Manning of the 32nd and others:
A BILL to amend an Act creating the board of commissioners of Cobb County, so as to change the provisions relating to the compensation of the commissioners; and for other purposes.

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

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HB 910. By Representatives Powell of the 23rd and Jamieson of the 22nd:
A BILL to amend an Act providing a new charter for the City of Lavonia, so as to change the provisions regarding the city's boundaries; and for other purposes.

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

HB 911. By Representatives Reece of the 11th, Childers of the 13th, Post 1, Stephens of the 123rd, Smith of the 13th, Post 2, Birdsong of the 104th and others:
A BILL to amend Article 1 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the Department of Veterans Service, so as to provide for a Georgia War Veterans Nursing Home Trust Fund; to provide for funds and rules related thereto; to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special license plates promoting such program and related activities; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 912. By Representative Hanner of the 133rd:
A BILL to provide a new charter for the City of Morgan; and for other purposes.

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

HB 913. By Representative James of the 114th:
A BILL to create a board of elections and registration for Macon County and provide for its powers and duties, so as to provide for definitions; to provide for the composition of the board and the selection and appointment of members; and for other purposes.

MONDAY, APRIL 7, 2003

1845

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

HR 614. By Representatives Reece of the 11th, Childers of the 13th, Post 1, Stephens of the 123rd, Smith of the 13th, Post 2, Birdsong of the 104th and others:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for creation of a Georgia War Veterans Nursing Home Trust Fund from which funds shall be disbursed for enhancement of the state's veterans nursing homes and the provision of care to residents of such homes; and for other purposes.

Referred to the Committee on Appropriations.

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 934. By Representatives Bannister of the 70th, Post 1, Powell of the 23rd, Ralston of the 6th, Parham of the 94th, Roberts of the 135th and others:
A BILL to amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the "Georgia Lottery for Education Act," so as to change the distribution of lottery proceeds; to change the compensation to lottery retailers; and for other purposes.

Referred to the Committee on Regulated Industries.

HB 942. By Representative Dean of the 49th:
A BILL to amend an Act providing a new charter for the City of Atlanta, so as to provide for additional penalties in the municipal court; to provide for the collection and distribution of penalties; to provide for use of funds for victims and witnesses assistance programs; and for other purposes.

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

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HB 943. By Representative Dean of the 49th:
A BILL to amend an Act re-creating a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such census, so as to change provisions relating to distribution of proceeds of additional penalties for victims and witnesses assistance programs; and for other purposes.

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

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

HB 870 HB 871 HB 872 HB 873 HB 874 HB 875 HB 876 HB 877 HB 878 HB 879 HB 880 HB 881 HB 882 HB 883 HB 884 HB 887 HB 888 HB 889 HB 890 HB 896 HB 897 HB 898 HB 899 HB 900

HB 901 HB 902 HB 903 HR 563 HR 564 HR 565 HR 566 HR 587 HR 588 HR 589 HR 601 HR 603 HR 604 SB 5 SB 133 SB 172 SB 228 SB 233 SB 246 SB 247 SB 250 SB 256 SB 258

Pursuant to Rule 52, Representative Mosley of the 129th, Post 1 moved that the

MONDAY, APRIL 7, 2003 following Bill of the House be engrossed:

1847

HB 898. By Representatives Bruce of the 45th, Williams of the 128th, Dukes of the 136th, Stephenson of the 60th, Post 1, Thomas of the 43rd, Post 1 and others:

A BILL to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other flags, so as to create the Georgia State Flag Design Commission; and for other purposes.

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

N Amerson Anderson
Y Ashe Bannister
Y Barnard Barnes Beasley-Teague
Y Benfield Y Birdsong Y Black Y Boggs
Bordeaux Y Borders
Bridges N Brock Y Brooks Y Broome
Brown Y Bruce
Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers
Channell Y Childers N Coan N Coleman, B
Cooper Crawford Y Cummings

N Day Y Dean
Deloach N Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner
Dukes N Ehrhart N Elrod
Epps N Fleming Y Floyd, H
Floyd, J Y Fludd
Forster N Franklin Y Gardner
Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath
Heckstall N Hembree E Henson N Hill, C

Hill, C.A Y Hill, V N Hines
Holmes Y Houston Y Howard Y Howell
Hudson Y Hugley Y Jackson Y James Y Jamieson
Jenkins N Jones Y Jordan N Joyce N Keen N Knox Y Lane N Lewis Y Lord
Lucas N Lunsford
Maddox Y Mangham N Manning Y Marin N Martin N Massey N Maxwell Y McBee Y McCall Y McClinton
Millar N Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J
Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal
Orrock Y Parham Y Parrish
Parsons Y Porter Y Powell Y Purcell N Ralston Y Randall
Ray E Reece, B N Reece, S N Rice
Richardson N Roberts, J
Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders Y Sailor N Scott
Shaw N Sheldon Y Sholar

Y Sims Sinkfield
Y Skipper N Smith, B N Smith, L Y Smith, P E Smith, T N Smith, V
Smyre Snow Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Thompson Y Twiggs Y Walker, L N Walker, R.L Y Warren Y Watson E Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E Williams, R Y Wix N Yates Coleman, Speaker

On the motion the ayes were 81, nays 56.

1848 The motion was lost.

JOURNAL OF THE HOUSE

Pursuant to Rule 52, Representative Mosby of the 59th, Post 3 moved that the following Bill of the House be engrossed:

HB 899. By Representatives Mosby of the 59th, Post 3, Bruce of the 45th, Fludd of the 48th, Post 4, Brooks of the 47th, Mangham of the 62nd and others:

A BILL to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other flags, so as to provide a statement of intent; to provide that no flag which is similar in appearance to or depicts an image of a flag or other symbol identified with any nation or entity which has ever declared or prosecuted a war against the United States of America shall be considered an official state symbol or be flown or displayed on any state property or institution; and for other purposes.

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

N Amerson Anderson
Y Ashe Bannister
Y Barnard Barnes Beasley-Teague
Y Benfield Y Birdsong Y Black
Boggs Bordeaux Y Borders Bridges N Brock Y Brooks Y Broome Brown Y Bruce Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Channell

N Day Y Dean Y Deloach N Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner
Dukes N Ehrhart N Elrod
Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd
Forster N Franklin Y Gardner
Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin N Harper
Harrell N Heard, J

Hill, C.A Y Hill, V N Hines
Holmes Houston Howard Y Howell Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins N Jones Y Jordan N Joyce N Keen N Knox Y Lane Lewis Y Lord Lucas N Lunsford Maddox Y Mangham N Manning Marin N Martin N Massey N Maxwell

Y Mobley Y Moraitakis
Morris Y Mosby
Mosley N Murphy, J
Murphy, Q Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell N Ralston Y Randall Ray E Reece, B N Reece, S N Rice Richardson N Roberts, J Roberts, L Y Rogers, C N Rogers, Ch. Y Royal

Y Sims Sinkfield
Y Skipper N Smith, B N Smith, L Y Smith, P E Smith, T N Smith, V
Smyre Snow Y Stanley-Turner Y Stephens, E Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Thomas, A Y Thomas, A.M Thompson Y Twiggs Y Walker, L N Walker, R.L Y Warren Y Watson E Westmoreland N White Wilkinson N Willard

Y Childers N Coan N Coleman, B
Cooper Crawford Y Cummings

MONDAY, APRIL 7, 2003

Y Heard, K N Heath
Heckstall N Hembree E Henson N Hill, C

Y McBee Y McCall Y McClinton
Millar N Mills Y Mitchell

N Rynders Y Sailor N Scott Y Shaw N Sheldon Y Sholar

On the motion the ayes were 78, nays 55. The motion was lost.

1849
Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

Pursuant to Rule 52, Representative Stephens of the 124th, Post 2 moved that the following Resolution of the House be engrossed:

HR 589. By Representatives Stephens of the 124th, Post 2, Jackson of the 124th, Post 1, Stephens of the 123rd, Bordeaux of the 125th, Childers of the 13th, Post 1 and others:
A RESOLUTION designating the Dorothy B. Pelote Viaduct; and for other purposes.

The motion prevailed.

Representative Buck of the 112th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 122 Do Pass, by Substitute

Respectfully submitted, /s/ Buck of the 112th
Chairman

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Representative Childers of the 13th District, Post 1, Chairman of the Committee on Health and Human Services, submitted the following report:
Mr. Speaker:
Your Committee on Health and Human Services has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 326 Do Pass, by Substitute

Respectfully submitted, /s/ Childers of the 13th, Post 1
Chairman

Representative Bordeaux of the 125th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

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

HB 670 Do Pass, by Substitute HB 770 Do Pass, by Substitute HB 771 Do Pass, by Substitute

HB 792 Do Pass, by Substitute HB 827 Do Pass

Respectfully submitted, /s/ Bordeaux of the 125th
Chairman

Representative Parham of the 94th 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

MONDAY, APRIL 7, 2003
following recommendations: SB 37 Do Pass SB 250 Do Pass

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Respectfully submitted, /s/ Parham of the 94th
Chairman

Representative Hanner of the 133rd District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:

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

HB 487 Do Pass HB 495 Do Pass HB 807 Do Pass

HR 604 Do Pass SB 94 Do Pass

Respectfully submitted, /s/ Hanner of the 133rd
Chairman

Representative Lucas of the 105th District, Chairman of the Committee on Public Utilities and Telecommunications, submitted the following report:
Mr. Speaker:
Your Committee on Public Utilities and Telecommunications has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 373 Do Pass, by Substitute

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Respectfully submitted, /s/ Lucas of the 105th
Chairman

Representative Epps of the 90th District, Chairman of the Committee on Regulated Industries, submitted the following report:
Mr. Speaker:
Your Committee on Regulated Industries 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 891 No Recommendation HB 893 Do Pass

Respectfully submitted, /s/ Epps of the 90th
Chairman

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HB 380 Do Pass, by Substitute HR 216 Do Pass HR 602 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on

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State Planning and Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 663 HB 759 HB 780 HB 782 HB 783 HB 784 HB 785 HB 786 HB 801 HB 830 HB 831 HB 832 HB 835 HB 836

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

HB 837 HB 839 HB 840 HB 841 HB 842 HB 847 HB 849 HB 850 HB 853 HB 854 HB 856 HB 857 HB 861

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

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

Representative Twiggs of the 8th District, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 778 Do Pass
Respectfully submitted, /s/ Twiggs of the 8th
Chairman

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

HOUSE RULES CALENDAR MONDAY, APRIL 7, 2003

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 32nd Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 65 HR 397 HR 406

House Study Committee on Technology Education; create Joint MARTA Finance Study Committee; create Gamaliel Hilson Memorial Overpass; designate

DEBATE CALENDAR

HB 43 HB 213 HB 261
HB 291
HB 304 HB 319 HB 324 HB 427 HB 493 HB 497 HB 519 HB 578 HB 581
HB 599 HB 614 HB 628 HB 688 HB 719 HB 748 HB 777

Sales tax; exempt certain organizations; archeological preservation Payment card transactions; printed receipt; restrict information Controlled substances and prescription drugs; amend provisions; prohibit certain opioid treatment Administrative Services, Department of; certain bidding procedure; delete repealer Water well contractors; licensing; amend provisions Drivers' licenses; social security number or certification of non-eligibility International Affairs Coordinating Council; create Elections; direct recording electronic voting systems; amend provisions Alcoholic beverage sales; consumption on premises; local authorization East Central Georgia Railroad Excursion Authority; create Lake Lanier Islands Development Authority; allocation of certain funds Economic Development and Public Safety Act; enact Motor vehicle franchises; enforcement by Department of Motor Vehicle Safety Appeals; postconviction DNA testing; procedure Correctional institutions; housing certain inmates; reimbursement Occupational regulation legislative review; amend provisions Vehicle Protection Product Act; enact Hybrid vehicles; authorization to use designated travel lanes Enterprise zones; additional qualifying businesses and services State depositories; certain letters of credit to secure state funds

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HB 798 HB 815 HR 228 HR 357

Vidalia Onion Act; amend provisions Hunting and fishing; amend license provisions Cosmetic dental coverings; urge removal of unlicensed providers Search and rescue dogs; monument honoring; authorize erection

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

Respectfully submitted, /s/ Smyre of the 111th
Chairman

By unanimous consent, HB 836 was taken from the Local Calendar and postponed until the next legislative day.

Representative Lunsford of the 85th, Post 2 moved that House Bills 856 and 857 be taken from the Local Calendar and postponed until the next legislative day.

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

Y Amerson Anderson
N Ashe Y Bannister
Barnard Barnes Beasley-Teague Y Benfield Y Birdsong N Black Y Boggs Bordeaux N Borders N Bridges Y Brock N Brooks N Broome Brown Y Bruce N Buck Y Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell

Y Day N Dean Y Deloach Y Dix N Dodson Y Dollar N Dooley N Douglas Y Drenner
Dukes N Ehrhart Y Elrod N Epps Y Fleming Y Floyd, H N Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T N Greene Y Greene-Johnson N Hanner Y Harbin

Hill, C.A Y Hill, V Y Hines
Holmes N Houston Y Howard Y Howell
Hudson Y Hugley N Jackson Y James N Jamieson N Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis
Lord Lucas Y Lunsford Y Maddox Mangham N Manning Y Marin

Y Mobley N Moraitakis N Morris
Mosby N Mosley
Murphy, J Y Murphy, Q N Noel N Oliver, B Y Oliver, M Y O'Neal N Orrock N Parham N Parrish
Parsons N Porter
Powell N Purcell Y Ralston Y Randall N Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J
Roberts, L

Sims Y Sinkfield N Skipper Y Smith, B
Smith, L Y Smith, P N Smith, T Y Smith, V N Smyre Y Snow Y Stanley-Turner N Stephens, E Y Stephens, R
Stephenson Stokes N Stoner N Teilhet N Teper Thomas, A Y Thomas, A.M N Thompson N Twiggs N Walker, L Y Walker, R.L Y Warren Y Watson E Westmoreland

1856
Y Casas Y Chambers
Channell N Childers Y Coan Y Coleman, B Y Cooper
Crawford Y Cummings

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Y Harper Y Harrell N Heard, J Y Heard, K Y Heath
Heckstall Y Hembree E Henson Y Hill, C

Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills N Mitchell

N Rogers, C Y Rogers, Ch. N Royal Y Rynders Y Sailor Y Scott N Shaw Y Sheldon N Sholar

On the motion, the ayes were 97, nays 51. The motion prevailed.

Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, R
Wix Y Yates
Coleman, Speaker

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 663. By Representatives Massey of the 24th, Mills of the 67th, Post 2 and Coan of the 67th, Post 1:
A BILL to provide a new charter for the Town of Braselton; and for other purposes.

The following Committee substitute was read:

A BILL
To provide a new charter for the Town of Braselton; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a town manager, 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 provide for a town attorney, a town clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the courts jurisdiction, powers, practices, and procedures; to

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provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; 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.
The town and the inhabitants thereof are constituted and declared a body politic and municipal corporation under the name and style Town of Braselton, Georgia, and by that name shall have perpetual succession.
SECTION 1.11. Corporate boundaries.
(a) The boundaries of the town shall be those existing on the date this charter becomes effective in 2003, with such alterations as may be made from time to time in the manner provided by law. The boundaries of this town at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the town clerk and to be designated, as the case may be: "Official Map of the corporate limits of the Town of Braselton, Georgia." Photographic, typed, or other copies of such map or description certified by the town clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. Any subsequent annexation, deannexation, or modification in the corporate boundaries as contemplated in subsection (b) of this section shall be given full force and effect as if fully set forth in the "Official Map of the corporate limits of the Town of Braselton." (b) The town council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
SECTION 1.12. Powers and construction.
(a) The town shall have all powers possible for a town to have under the present or future

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Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. The town shall have all the powers of selfgovernment not otherwise prohibited by this charter or by general law. (b) The powers of the town shall be construed liberally in favor of the town. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of the town.
SECTION 1.13. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the town, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. Town council creation; number; election.
The legislative authority of the government of this town, except as otherwise specifically provided in this charter, shall be vested in a town council to be composed of a mayor and four councilmembers. The mayor and councilmembers shall be elected in the manner provided by this charter.
SECTION 2.11. Town council terms and qualifications for office.
The members of the town council elected pursuant to this charter shall serve for terms of four years and until their respective successors are elected and qualified unless otherwise provided by law. No person shall be eligible to serve as mayor or councilmember unless he or she shall have been a resident of the town at least 180 days prior to the date of qualifying for mayor or councilmember; each shall continue to reside therein during his or her period of service and to be registered and qualified to vote in municipal elections of this town.
SECTION 2.12. Council districts, elections, and terms of office.
(a) Council districts. For the purpose of electing town councilmembers, the Town of Braselton shall divided into four voting districts, with one town councilmember elected from each district. The mayor shall be elected from the town at large. (b) Boundaries. The boundaries of Voting Districts 1, 2, 3, and 4 shall be the same

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boundaries as provided for those respectively numbered districts as set forth in that certain map prepared for the town by the University of Georgia Reapportionment Office, dated May 30, 2001, which map constitutes the "Official Voting District Map of the Town of Braselton," as adopted on May 30, 2001, and approved by the United States Department of Justice. That map is maintained as an official record by the town clerk and is hereby incorporated by reference as a part of this charter as if fully set forth in this charter. The town shall reapportion such districts as necessary and in conjunction with the successive census in compliance with state and federal law. (c) Elections. The election of the mayor and town councilmembers shall be decided by majority of votes cast. In the event no candidate receives a majority of the votes cast for a particular office, a run-off election shall be held as provided by law between the two candidates receiving the highest number of votes for such office. The candidate receiving a majority of the votes cast in such run-off election shall be declared the winner. Only a resident of a particular council voting district may qualify for election from such district and shall be elected by a majority of the voters voting only in such district, and each town councilmember shall continue to reside in the district from which he or she was elected during his or her term of office. The mayor shall be a resident of the Town of Braselton. Any town councilmember who moves his or her residence from the district from which he or she was elected shall be deemed to have vacated his or her office. There shall be no primary elections for mayor and town councilmembers in the Town of Braselton and elections for mayor and town councilmembers shall be nonpartisan. (d) Terms of office. All town councilmembers and the mayor elected pursuant to this charter shall serve a term of office of four years and until their respective successors are elected and qualified.
SECTION 2.13. Vacancy; filling of vacancies.
(a) The office of mayor or councilmember shall become vacant upon the incumbents death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (b) A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in Section 5.12 of this charter.
SECTION 2.14. Compensation and expenses.
The mayor and each councilmember shall continue to receive the compensation which was in effect for said officials on the effective date of this charter. Changes in such compensation shall be accomplished pursuant to the provisions of Code Section 36-35-4 of the O.C.G.A.

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SECTION 2.15. Conflicts of interest; holding other offices.
(a) Conflict of interest. No elected official, appointed officer, or employee of the town or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he or she is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this town or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest. (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 town shall disclose such private interest to the town council. The mayor or any councilmember who has a private interest in any matter pending before the town council shall disclose such private interest and such disclosure shall be entered on the records of the town council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) Use of public property. No elected official, appointed officer, or employee of the town or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the town council or the governing body of such agency or entity.

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(d) Contracts voidable or 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 town council. (e) Ineligibility of elected official. Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the town or otherwise be employed by said government or any agency hereof during the term for which he or she was elected. No former mayor and no former councilmember shall hold any compensated appointive office in the town until one year after the expiration of the term for which he or she was elected. (f) Political activities of certain officers and employees. No appointive officer and no employee of the town shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. (g) Penalties for violations.
(1) Any employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his or her office or position. (2) Any employee of the town who shall forfeit his or her office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the town government for a period of three years thereafter.
SECTION 2.16. Inquiries and investigations.
The town council may make inquiries and investigations into the affairs of the town and the conduct of any department, office, or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the town council shall be punished as provided by ordinance.
SECTION 2.17. General power and authority of the town council.
Except as otherwise provided by this charter, the town council shall be vested with all the powers of government of this town as provided by Article I of this charter.
SECTION 2.18. Organizational meetings.
The town council shall hold an organizational meeting on the first business day of January, or as otherwise practical, of each year. The meeting shall be called to order and the oath of office shall be administered to the newly elected members as follows:
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor)

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(councilmember) of the Town of Braselton and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America."
SECTION 2.19. Regular and special meetings.
(a) The town council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the town council may be held on call of the mayor or three members of the town 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 councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice of any business transacted in such councilmembers presence. Only the business stated in the call may be transacted at the special meeting.
SECTION 2.20. Rules of procedure.
(a) The town council shall adopt its rules of procedure and order of business consistent with the provisions of this charter. (b) All committees and committee chairpersons shall be appointed by the mayor and shall serve at his or her pleasure. The mayor shall have the power to appoint new members to any committee at any time.
SECTION 2.21. Quorum; voting.
Three councilmembers or two councilmembers and the mayor shall constitute a quorum and shall be authorized to transact business of the town council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the minutes but any member of the town council shall have the right to request a roll-call vote and such vote shall be recorded in the minutes. Except as otherwise provided in this charter, the affirmative vote of three councilmembers or the mayor and two councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
SECTION 2.22. Ordinance form; procedures.
(a) Every proposed ordinance should be introduced in writing and in the form required

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for final adoption. No ordinance shall contain any subject which is not expressed in its title. The enacting clause shall be "The Mayor and Council of the Town of Braselton hereby ordains ..." and every ordinance shall so begin. (b) An ordinance may be introduced by the mayor or any councilmember and be read at a regular or special meeting of the town council. Ordinances shall be considered and adopted or rejected by the town council in accordance with the rules which it shall establish; provided, however, that an ordinance may be adopted the same day it is introduced. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the town council may designate.
SECTION 2.23. Action requiring an ordinance.
Acts of the town council which have the force and effect of law shall be enacted by ordinance.
SECTION 2.24. Emergencies.
To meet a public emergency affecting life, health, property, or public peace the town council may convene on call of the mayor or three councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists, and describing 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 three councilmembers or the mayor and two councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance also be repealed by adoption of a repealing ordinance in the same manner specified herein for adoption of emergency ordinances.
SECTION 2.25. Codes of technical regulations.
(a) The town council may adopt any standard code of technical regulations by reference

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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 clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.
SECTION 2.26. Signing; authenticating; recording; codification; printing.
(a) The clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for that purpose, all ordinances adopted by the council. (b) The town council shall provide for the preparation of a general codification of all the ordinances of the town having the force and effect of law. The general codification shall be adopted by the town council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the town council may specify. This compilation shall be known and cited officially as "The Code of the Town of Braselton, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the town and made available for purchase by the public at a reasonable price as fixed by the town council. (c) The town council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the town council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The town 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. Election of mayor; forfeiture; compensation.
The mayor shall be elected and serve for a term of four years and until his or her successor is elected and qualified. He or she shall be a qualified elector of this town and shall have been a resident of the town for at least 180 days preceding his or her qualification for office. He or she shall continue to reside in this town during the period of his service. The compensation of the mayor shall be established in the same manner as

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for councilmembers.
SECTION 2.28. Mayor pro tempore.
At the organizational meeting, by a majority vote, the town council shall elect a councilmember to serve as mayor pro tempore for that ensuing year. The mayor pro tempore shall assume the duties and powers of the mayor during the mayors disability or absence. Any such disability or absence shall be declared by a majority vote of the town council.
SECTION 2.29. Powers and duties of mayor.
The mayor shall: (1) Preside at all meetings of the town council; (2) Be at the head of the town for the purpose of service of process and for
ceremonial purposes and be the official spokesman for the town and the chief advocate of policy;
(3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the town all written and approved
contracts, ordinances, and other instruments executed by the town which by law are required to be in writing;
(5) Vote on matters before the town council, make a respective motion, and be counted toward a quorum as any other councilmember; and
(6) Fulfill such other duties as the town council shall by ordinance establish.
ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and service departments.
(a) Except as otherwise provided in this charter, the town council by ordinance shall prescribe the functions or duties of and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the town, as necessary for the proper administration of the affairs and government of this town. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the town shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinances or as duly approved by the town council. (d) There shall be an individual who shall be the director, supervisor, or department head, or other title as designated, of each department or agency who shall be its principal

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officer. This person, along with the police chief and town clerk, shall be subject to the direction and supervision of the town manager, and be responsible for the administration and direction of the affairs and operations of the department or agency. (e) With the exception of the police chief, the town manager shall appoint and hire all employees of the town to fill designated or approved positions. The town manager shall recommend the appointment and hiring of the police chief but said individual shall be approved only by a vote of the town council. (f) The town manager may reprimand, suspend, or remove any employee under his or her supervision; provided, however, that such employee shall enjoy any right of appeal to the town council as set forth or defined by the towns personnel policies. If discipline of the police chief leads to a recommendation of dismissal or suspension, the town manager must seek approval by a vote of three councilmembers.
SECTION 3.11. Boards, commissions, and authorities.
(a) The town council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the town council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the town shall be appointed by the town council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The town council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the town. (e) Any vacancy on a board, commission, or authority of the town shall be filled for the unexpired term in the manner prescribed in this charter for original appointment, except as otherwise provided by this charter or by law or ordinance. (f) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the clerk of the town an oath obligating himself or herself to perform faithfully and impartially the duties of his or her office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the town council. (h) Except as otherwise provided by this charter or by law or ordinance, each board, commission, or authority of the town shall elect one of its members as chairperson and one member as vice chairperson, and may elect as its secretary one of its members or may appoint as secretary an employee of the town. The town council may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the

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town, or law, as it deems appropriate and necessary for the fulfillment of the duties or the conduct of each board, commission, or authoritys affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the town.
SECTION 3.12. Town attorney.
The town council shall appoint a town attorney and shall provide for the payment of such attorney or attorneys for services rendered to the town. The town attorney shall be responsible for representing and defending the town in all litigation in which the town is a party, shall be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the town council, mayor, and other officers and employees of the town concerning legal aspects of the towns affairs, and shall perform such other duties as may be required of him or her by virtue of his or her position as town attorney.
SECTION 3.13. Town clerk.
The town council shall appoint a town clerk who shall not be a councilmember. The town clerk shall be custodian of the official town seal, maintain town council records required by this charter, and perform such other duties as may be required by the town council. The town clerks duties and responsibilities may be further defined or provided by a class specification or job description and shall include any other duties that may be assigned by the town manager.
SECTION 3.14. Town treasurer/financial officer.
The town council shall appoint a town treasurer/financial officer to collect all taxes, licenses, fees, and other moneys belonging to the town subject to the provisions of this charter and the ordinances of the town and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes by the town. The town treasurer/financial officer shall also be responsible for the general duties of a treasurer and fiscal officer.
SECTION 3.15. Town auditor.
The town council may appoint a town auditor to perform the duties of an auditor.
SECTION 3.16. Town manager.

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(a) The town council shall appoint a town manager who shall be the chief administrative officer of the town and manage and direct the daily operations of the town government in accordance with local ordinances, bylaws, and with policies prescribed by the town council. The town manager shall direct the administrative activities of the town; act as focal point for strategic planning, programming, and budgeting; supervise all town employees; serve as a liaison among the town staff and governing body; assist the general public; and serve on any boards or committees. (b) The town manager shall specifically:
(1) Discipline, suspend, or remove all employees, excluding the police chief, as further provided by this charter or state law. The manager may designate said authority to the head of a department or office regarding their subordinates;
(2) Appoint and hire, when necessary for the good of the town, all employees to fill a vacancy or approved position, provided that the town council shall appoint and hire the police chief. The town manager shall make a recommendation regarding such position;
(3) Prepare the annual operating and capital budget and any other budget and submit same to the town council and be responsible for administration of same;
(4) Prepare and submit to the town council, as of the end of the fiscal year, a complete report on the finances and administrative activities of the town for the preceding year;
(5) See that all laws, ordinances, and policies are duly enforced; and (6) Perform other such duties as may be required by the town council, not
inconsistent with the town charter, law, or ordinances. (c) The town managers duties and responsibilities may be further defined or provided by a class specification or job description or as assigned or designated by the town council. (d) The town manager shall serve at the pleasure of the town council and may be suspended or removed by a vote of three councilmembers.
SECTION 3.17. Position classification and pay plans.
The town manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the town council for approval. Such plan may apply to all employees of the town and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the town council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed town officials are not town employees.
SECTION 3.18. Personnel policies.
The town council shall adopt rules and regulations consistent with this charter

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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.

ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.

There shall be a court to be known as the Municipal Court of the Town of Braselton.

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) All judges shall be appointed by the town council. (c) Compensation of the judge or judges shall be fixed by ordinance. (d) Before assuming office, each judge shall take an oath, given by the mayor, that he or she will honestly and faithfully discharge the duties of his or her office to the best of his or her ability and without fear, favor, or partiality.

SECTION 4.12. Convening.

The municipal court shall be convened at regular intervals as provided by the court.

SECTION 4.13. Jurisdiction; powers.

(a) The municipal court shall try and punish violations of this charter, all town ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt and to impose any penalty allowed under state law. (c) The municipal court may fix punishment for offenses within its jurisdiction and may fix punishment by fine, imprisonment, or alternative sentencing as to not exceed an

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amount or length as now or hereafter provided by state law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior and state courts for violation 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 bond for the appearance of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the town, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for town property taxes.
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 Jackson 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 town council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court.
ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Nonpartisan elections.
Political parties shall not conduct primaries for town offices and all names of candidates for town offices shall be listed without party designations.

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SECTION 5.11. Municipal general elections.
(a) There shall be a municipal general election biennially in the odd-numbered years on the Tuesday next following the first Monday in November. (b) Those persons serving as councilmembers and mayor on the date this charter becomes effective in 2003, and any person selected to fill a vacancy in such office, shall continue to serve out their terms of office and until their respective successors are elected and qualified. Successors to councilmembers from Council Districts 1 and 3 shall be elected at the municipal general election in 2003 and at every other municipal general election thereafter. Successors to the mayor and councilmembers from Council Districts 2 and 4 shall be elected at the municipal general election in 2005 and at every other municipal general election thereafter. Terms of office for those officers shall begin at the first organizational meeting provided for under Section 2.18 of this charter immediately following those officers respective elections.
SECTION 5.12. Special elections; vacancies.
In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the town council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, that if such vacancy occurs within six months of the expiration of the term of that office, such office shall remain vacant until filled at the municipal general election occurring within those six months. 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 5.13. Other provisions.
Except as otherwise provided by this charter, the town 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 Election Code."
ARTICLE VI FINANCE
SECTION 6.10. Property tax.
The town council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the town that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the town government, of providing governmental services, for the repayment of

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principal and interest on general obligations, and for any other public purpose as determined by the town council in its discretion.
SECTION 6.11. Millage rate; due dates; payment methods.
The town council by ordinance shall establish a millage rate for the town property taxes, a due date, and the time period within which these taxes must be paid. The town council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
SECTION 6.12. Occupation and business taxes.
The town council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The town council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
SECTION 6.13. Regulatory fees; permits.
The town council by ordinance shall have the power to require businesses or practitioners doing business within this town to obtain a permit for such activity from the town and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the town of regulating the activity, and if unpaid, shall be collected as provided in Section 6.18 of this charter.
SECTION 6.14. Franchises.
(a) The town council shall have the power to grant franchises for the use of this towns streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The town council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the town receives just and adequate compensation therefor. The town council shall provide for the registration of all franchises with the town clerk in a registration book kept by the town clerk. The town council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.

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(b) If no franchise agreement is in effect, the town council has the authority to impose a tax on gross receipts for the use of this towns streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.
SECTION 6.15. Service charges.
The town council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and outside the corporate limits of the town for the total cost to the town of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.16. Construction; other taxes.
This town shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this town to govern its local affairs.
SECTION 6.17. Collection of delinquent taxes and fees.
The town council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the town under this article by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking town permits for failure to pay any town taxes or fees; and providing for the assignment or transfer of tax executions.
SECTION 6.18. General obligation bonds.
The town council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.

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SECTION 6.19. Revenue bonds.
Revenue bonds may be issued by the town council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
SECTION 6.20. Fiscal year.
The town council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the town government.
SECTION 6.21. Contracting procedures.
No contract with the town shall be binding on the town unless: (1) It is in writing; and (2) It is drawn or submitted and reviewed by the town attorney and, as a matter of course, is signed by him or her to indicate such drafting or review.
ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.
The officers and employees of this town, both elective and appointive, shall execute such surety bonds in such amounts and upon such terms and conditions as the town council shall from time to time require by ordinance or as may be provided by law.
SECTION 7.11. Existing ordinances, resolutions, rules, and regulations.
Existing ordinances, resolutions, rules, and regulations now in force in the town not in conflict with this charter shall continue in force, unless repealed or amended.
SECTION 7.12. Existing personnel and officers.
Except as specifically provided otherwise by this charter, all personnel and officers of the town and their rights, privileges, and powers shall continue beyond the time this charter takes effect until changed pursuant to this charter.

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SECTION 7.13. Pending matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such town agencies, personnel, or offices as may be provided by the town council.
SECTION 7.14. Construction.
(a) Section captions in this charter are informative only and shall not 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. (d) The phrase "town council" shall denote the governing body of the Town of Braselton which comprises four councilmembers and a mayor. Unless otherwise specified, all votes and actions taken by the governing body of the town shall consist of and include the four councilmembers and the mayor.
SECTION 7.15. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7.16. Specific repealer.
An Act incorporating the Town of Braselton, approved August 8, 1916, is repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety; provided, however, that those laws found at Ga. L. 1974, p. 3142; Ga. L. 1983, p. 4865; and Ga. L. 1999, p. 4712 shall remain in full force and effect as provided in such laws, ordinances, and regulations. All other laws and parts of laws in conflict with this charter are repealed.
SECTION 7.17. General repealer.
All laws and parts of laws in conflict with this Act are repealed.

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The following amendment was read and adopted:

Representatives Massey of the 24th, Coan of the 67th, Post 1, and Mills of the 67th, Post 2 move to amend the Committee substitute to HB 663 as follows:
Amend line 20 on page 7 to read as follows:
After the period following America add a new sentence to read:
"So help me God.".

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.

HB 759. By Representatives White of the 3rd, Post 2, Williams of the 4th, Forster of the 3rd, Post 1 and Brock 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 780. By Representative Morris of the 120th:
A BILL to provide for a homestead exemption from City of Lyons ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.

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

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HB 782. By Representative Morris of the 120th:
A BILL to provide for a homestead exemption from Toombs 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; and for other purposes.

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

HB 783. By Representative Morris of the 120th:
A BILL to provide for a homestead exemption from City of Vidalia independent school district ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.

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

HB 784. By Representative Morris of the 120th:
A BILL to provide for a homestead exemption from City of Vidalia 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; and for other purposes.

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

HB 785. By Representative Morris of the 120th:
A BILL to provide for a homestead exemption from City of Santa Claus ad valorem taxes for municipal purposes in an amount equal to the amount by

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which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.

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

HB 786. By Representative Morris of the 120th:
A BILL to provide for a homestead exemption from Toombs County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.

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

HB 801. By Representatives Purcell of the 122nd and Stephens of the 123rd:
A BILL to provide that future elections for the office of chief magistrate of Effingham County shall be nonpartisan elections; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To provide that future elections for the office of chief magistrate of Effingham County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. All elections for the office of chief magistrate of Effingham County conducted after the effective date of this Act shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. Such nonpartisan elections shall be held in conjunction with the November general election immediately preceding expiration of the term of office

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and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 2. Nothing in this Act shall affect the term of office of the chief magistrate of Effingham County in office on the effective date of this Act. The sitting chief magistrate shall serve out the term of office for which he or she was elected and shall be eligible to succeed himself or herself as provided in this Act.
SECTION 3. The governing authority of Effingham County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 60 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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

HB 830. By Representatives Barnard of the 121st, Post 1 and Oliver of the 121st, Post 2:
A BILL to amend an Act providing for election of members of the board of education of Tattnall County, so as to change certain district descriptions for purposes of electing 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 831. By Representatives Murphy of the 14th, Post 2, Knox of the 14th, Post 1, Hill of the 16th, Rogers of the 15th, Franklin of the 17th and others:

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A BILL to amend an Act entitled "An Act to provide a new charter for the City of Ball Ground," so as to remove the limitation on the number of terms a person may serve as mayor; and for other purposes.

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

HB 832. By Representatives Buckner of the 82nd, Beasley-Teague of the 48th, Post 2, Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Mosby of the 59th, Post 3 and others:
A BILL to establish the "Clayton County Commission on Children and Youth"; and for other purposes.

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

HB 835. By Representative Hudson of the 95th:
A BILL to amend an Act reconstituting the Board of Education of Warren County, so as to provide for the election of members of the board in nonpartisan elections; and for other purposes.

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

HB 839. By Representative Hill of the 147th:
A BILL to create the St. Marys Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility of promotion of tourism, trade, and conventions for St. Marys, Georgia; to provide for creation and organization; and for other purposes.

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

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HB 840. By Representatives Benfield of the 56th, Post 1, Mobley of the 58th, Oliver of the 56th, Post 2, Henson of the 55th and Drenner of the 57th:
A BILL to authorize the City of Avondale Estates 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 841. By Representatives Crawford of the 91st and Ray of the 108th:
A BILL to create a board of elections and registration for Upson County and provide for its powers and duties; and for other purposes.

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

HB 842. By Representatives Barnard of the 121st, Post 1 and Oliver of the 121st, Post 2:
A BILL to amend an Act creating the board of commissioners of Tattnall County, so as to change certain district descriptions for purposes of electing 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 847. By Representatives Birdsong of the 104th, Parham of the 94th, Jenkins of the 93rd and Lucas of the 105th:
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.

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

HB 849. By Representative Lane of the 101st:
A BILL to provide that future elections for the office of probate judge of Screven County shall be nonpartisan elections held at the time of certain November general elections; and for other purposes.

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

HB 850. By Representative Skipper of the 116th:
A BILL to create a board of elections and registration for Marion County and provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; and for other purposes.

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

HB 853. By Representative Jamieson of the 22nd:
A BILL to amend an Act providing for a homestead exemption from certain Banks County ad valorem taxes for county purposes for certain residents of that county who are senior citizens or disabled, so as to increase the amount of such exemption; and for other purposes.

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

HB 854. By Representative Jamieson of the 22nd:
A BILL to amend and supersede the laws pertaining to the governing authority of Banks County; to provide for a Board of Commissioners of

MONDAY, APRIL 7, 2003 Banks County; and for other purposes.

1883

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

HB 861. By Representative Roberts of the 131st:
A BILL to provide a new charter for the City of Abbeville; 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 Amerson Anderson
Y Ashe Y Bannister Y Barnard
Barnes Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster
Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin

Hill, C.A Y Hill, V Y Hines
Holmes Y Houston Y Howard Y Howell
Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham Manning Y Marin

Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal
Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L

Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson E Westmoreland

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Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B
Cooper Y Crawford Y Cummings

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Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath
Heckstall Y Hembree E Henson Y Hill, C

Y Martin Massey
Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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

Due to a mechanical malfunction, the vote of Representative Massey of the 24th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 837. By Representatives Ehrhart of the 28th, Manning of the 32nd, Wilkinson of the 41st, Hines of the 35th, Cooper of the 30th and others:
A BILL to amend an Act creating the Board of Commissioners of Cobb County, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; and for other purposes.

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

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

Y Amerson Anderson Ashe
Y Bannister Y Barnard
Barnes Beasley-Teague N Benfield Y Birdsong Y Black Y Boggs Y Bordeaux N Borders Y Bridges Y Brock

Y Day N Dean Y Deloach Y Dix Y Dodson Y Dollar N Dooley Y Douglas N Drenner N Dukes Y Ehrhart Y Elrod N Epps Y Fleming Y Floyd, H

Hill, C.A N Hill, V Y Hines
Holmes Y Houston N Howard N Howell
Hudson N Hugley N Jackson N James Y Jamieson Y Jenkins Y Jones N Jordan

N Mobley Y Moraitakis N Morris N Mosby Y Mosley Y Murphy, J N Murphy, Q N Noel Y Oliver, B Y Oliver, M Y O'Neal N Orrock Y Parham Y Parrish Y Parsons

Sims N Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snow N Stanley-Turner N Stephens, E Y Stephens, R N Stephenson
Stokes

N Brooks Broome Brown
N Bruce Y Buck N Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell
Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

MONDAY, APRIL 7, 2003

Y Floyd, J N Fludd Y Forster Y Franklin N Gardner Y Golick Y Graves, D Y Graves, T Y Greene N Greene-Johnson Y Hanner Y Harbin Y Harper N Harrell Y Heard, J N Heard, K Y Heath
Heckstall Y Hembree E Henson Y Hill, C

Y Joyce Y Keen Y Knox Y Lane Y Lewis
Lord N Lucas Y Lunsford N Maddox
Mangham Y Manning
Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall N McClinton Y Millar Y Mills N Mitchell

Porter Y Powell
Purcell Y Ralston N Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch.
Royal Y Rynders N Sailor Y Scott Y Shaw Y Sheldon Y Sholar

1885
N Stoner N Teilhet N Teper N Thomas, A N Thomas, A.M N Thompson N Twiggs Y Walker, L Y Walker, R.L N Warren N Watson E Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 104, nays 50. The Bill, having received the requisite constitutional majority, was passed.

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

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 13. By Senators Balfour of the 9th, Shafer of the 48th and Unterman of the 45th:
A BILL to be entitled an Act to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic, so as to create the new offense of refusal to submit to chemical testing; to change certain provisions relating to chemical tests, implied consent notices, rights of motorists, test results, refusal to submit, suspension or denial, hearing and review, compensation of officers, and inspection and certification of breath-testing instruments; to change certain provisions relating to driving under the influence of alcohol, drugs, or other intoxicating substances, penalties, publication of notice of conviction for persons convicted for second time, and endangering a child; to change certain

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provisions relating to chemical tests for alcohol or drugs in blood; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 119. By Senators Adelman of the 42nd, Kemp of the 3rd, Meyer von Bremen of the 12th and Reed of the 35th:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 5 of the O.C.G.A., relating to procedures for new trial, so as to change certain provisions relating to a motion for new trial where a person is sentenced for a capital crime and DNA testing may be exculpatory; to provide for postconviction requests for DNA testing in cases where a person is sentenced to death; to provide criteria for said motion; to provide for matters related to previous DNA testing; to provide a procedure for the motion and hearing; to amend Code Section 17-5-54 of the O.C.G.A., relating to disposition of personal property in custody of law enforcement agency, so as to conform it to the changes made in Title 5; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 216. By Senators Price of the 56th, Seabaugh of the 28th, Thomas of the 54th, Mullis of the 53rd, Kemp of the 46th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the O.C.G.A., relating to elementary and secondary education, so as to revise provisions relating to petitions for charter schools and funding of charter schools; to provide for revised petitions that address deficiencies cited in the denial; to allow a petitioner seeking to create a start-up charter school to submit the petition to a local board or the state board; to provide for exemption of charter schools from provisions of Title 20 or any state or local rule, regulation, policy, or procedure; to provide for contracts for administrative and educational services; to provide for a facilities fund; to provide for the terms of use by charter schools of certain surplus or unused property of local boards; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 218. By Senators Mullis of the 53rd, Cagle of the 49th, Collins of the 6th and Kemp of the 46th:
A BILL to be entitled an Act to amend Article 5 of Chapter 9 of Title 45 of the O.C.G.A., relating to law enforcement officers, firefighters, prison guards, and publicly employed emergency medical technicians, so as to provide for indemnification for 911 operators or dispatchers and state or local emergency management agency employees, not otherwise employed as a law enforcement officer, firefighter, emergency medical technician, emergency management

MONDAY, APRIL 7, 2003

1887

rescue specialist, or 911 employee, who are killed or permanently disabled in the line of duty; to add the director of the Georgia Emergency Management Agency to the Georgia State Indemnification Commission; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 248. By Senators Brush of the 24th, Lee of the 29th and Stephens of the 51st:
A BILL to be entitled an Act to amend Title 20 of the O.C.G.A., relating to education, so as to provide for the comprehensive revision of provisions regarding education accountability; to eliminate the Office of Education Accountability; to create the Office of Student Achievement of the Department of Education; to change certain provisions regarding alternative education programs; to change certain provisions regarding enrollment in postsecondary courses; to change certain provisions regarding increasing teachers salaries in shortage areas; to repeal certain provisions regarding the Education Information Steering Committee; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 249. By Senators Brush of the 24th, Lee of the 29th and Stephens of the 51st:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the O.C.G.A., relating to elementary and secondary education, so as to provide for the comprehensive revision of provisions regarding education flexibility and accountability; to eliminate the Office of Education Accountability; to provide for powers, duties, and responsibilities of the Office of Student Achievement of the Department of Education; to change certain provisions regarding school councils; to change certain provisions regarding early intervention programs; to change certain provisions regarding budgeting, funding, and accounting; to change certain provisions regarding funding for additional days of instruction; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 254. By Senators Kemp of the 3rd, Hamrick of the 30th, Meyer von Bremen of the 12th, Starr of the 44th and Brush of the 24th:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the O.C.G.A., relating to elementary and secondary education, so as to enact the "Whistleblowers Protection Act for Public School Employees;" to provide a short title and definitions; to prohibit retaliatory actions against any public school employee for disclosure, providing information to a public body concerning, objection to or refusal to participate in any activity, policy, or practice that the employee reasonably believes in violation of a law, rule,

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JOURNAL OF THE HOUSE

regulation, ordinance, or policy or that the employee reasonably believes poses a risk to public health, safety, or the environment; to provide for civil actions and remedies; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 260. By Senator Unterman of the 45th:
A BILL to be entitled an Act to provide a new charter for the City of Buford; 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, and compensation 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 administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a finance officer, and other personnel; to provide for rules and regulations; to provide for taxation and fees; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
SB 278. By Senator Williams of the 19th:
A BILL to be entitled an Act to reconstitute the Board of Commissioners of Telfair County; to provide for 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 oaths of office and surety bonds; to provide for the filling of vacancies; to provide for the compensation and expenses of the chairperson and members of the board; to provide for the compensation of the clerk and other county employees; to repeal an Act approved August 27, 1931 (Ga. L. 1931, p. 566), as amended; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 386. By Representative Amerson of the 9th:
A BILL to amend an Act providing a new charter for the City of Lula, so as to provide for city council election districts; and for other purposes.
HB 652. By Representatives Cummings of the 19th and Heath of the 18th:
A BILL to amend an Act providing for a new board of education of Polk County, so as to provide for the election of members of the board of education by the voters of the entire county; and for other purposes.

MONDAY, APRIL 7, 2003

1889

The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 347. By Representatives Purcell of the 122nd, Ray of the 108th, James of the 114th, Crawford of the 91st, Oliver of the 121st, Post 2 and others:
A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to extensively revise the "Georgia Veterinary Practice Act"; to provide a short title; to provide for legislative purpose; to define certain terms; to provide for the State Board of Veterinary Medicine and its members, powers, and duties; to provide for licensing of veterinarians and regulation of the practice of veterinary medicine; and for other purposes.

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

SB 13.

By Senators Balfour of the 9th, Shafer of the 48th and Unterman of the 45th:
A BILL to be entitled an Act to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic, so as to create the new offense of refusal to submit to chemical testing; to change certain provisions relating to chemical tests, implied consent notices, rights of motorists, test results, refusal to submit, suspension or denial, hearing and review, compensation of officers, and inspection and certification of breath-testing instruments; to change certain provisions relating to driving under the influence of alcohol, drugs, or other intoxicating substances, 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 provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

SB 119. By Senators Adelman of the 42nd, Kemp of the 3rd, Meyer von Bremen of the 12th and Reed of the 35th:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 5 of the O.C.G.A., relating to procedures for new trial, so as to change certain provisions relating to a motion for new trial where a person is sentenced for a

1890

JOURNAL OF THE HOUSE
capital crime and DNA testing may be exculpatory; to provide for postconviction requests for DNA testing in cases where a person is sentenced to death; to provide criteria for said motion; to provide for matters related to previous DNA testing; to provide a procedure for the motion and hearing; to amend Code Section 17-5-54 of the O.C.G.A., relating to disposition of personal property in custody of law enforcement agency, so as to conform it to the changes made in Title 5; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Judiciary.

SB 216. By Senators Price of the 56th, Seabaugh of the 28th, Thomas of the 54th, Mullis of the 53rd, Kemp of the 46th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the O.C.G.A., relating to elementary and secondary education, so as to revise provisions relating to petitions for charter schools and funding of charter schools; to provide for revised petitions that address deficiencies cited in the denial; to allow a petitioner seeking to create a start-up charter school to submit the petition to a local board or the state board; to provide for exemption of charter schools from provisions of Title 20 or any state or local rule, regulation, policy, or procedure; to provide for contracts for administrative and educational services; to provide for a facilities fund; to provide for the terms of use by charter schools of certain surplus or unused property of local boards; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

SB 218. By Senators Mullis of the 53rd, Cagle of the 49th, Collins of the 6th and Kemp of the 46th:
A BILL to be entitled an Act to amend Article 5 of Chapter 9 of Title 45 of the O.C.G.A., relating to law enforcement officers, firefighters, prison guards, and publicly employed emergency medical technicians, so as to provide for indemnification for 911 operators or dispatchers and state or local emergency management agency employees, not otherwise employed as a law enforcement officer, firefighter, emergency medical technician, emergency management rescue specialist, or 911 employee, who are killed or

MONDAY, APRIL 7, 2003

1891

permanently disabled in the line of duty; to add the director of the Georgia Emergency Management Agency to the Georgia State Indemnification Commission; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety.

SB 248. By Senators Brush of the 24th, Lee of the 29th and Stephens of the 51st:
A BILL to be entitled an Act to amend Title 20 of the O.C.G.A., relating to education, so as to provide for the comprehensive revision of provisions regarding education accountability; to eliminate the Office of Education Accountability; to create the Office of Student Achievement of the Department of Education; to change certain provisions regarding alternative education programs; to change certain provisions regarding enrollment in postsecondary courses; to change certain provisions regarding increasing teachers salaries in shortage areas; to repeal certain provisions regarding the Education Information Steering Committee; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

SB 249. By Senators Brush of the 24th, Lee of the 29th and Stephens of the 51st:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the O.C.G.A., relating to elementary and secondary education, so as to provide for the comprehensive revision of provisions regarding education flexibility and accountability; to eliminate the Office of Education Accountability; to provide for powers, duties, and responsibilities of the Office of Student Achievement of the Department of Education; to change certain provisions regarding school councils; to change certain provisions regarding early intervention programs; to change certain provisions regarding budgeting, funding, and accounting; to change certain provisions regarding funding for additional days of instruction; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

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SB 254. By Senators Kemp of the 3rd, Hamrick of the 30th, Meyer von Bremen of the 12th, Starr of the 44th and Brush of the 24th:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the O.C.G.A., relating to elementary and secondary education, so as to enact the "Whistleblowers Protection Act for Public School Employees;" to provide a short title and definitions; to prohibit retaliatory actions against any public school employee for disclosure, providing information to a public body concerning, objection to or refusal to participate in any activity, policy, or practice that the employee reasonably believes in violation of a law, rule, regulation, ordinance, or policy or that the employee reasonably believes poses a risk to public health, safety, or the environment; to provide for civil actions and remedies; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

SB 260. By Senator Unterman of the 45th:
A BILL to be entitled an Act to provide a new charter for the City of Buford; 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, and compensation 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 administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a finance officer, and other personnel; to provide for rules and regulations; to provide for taxation and fees; to repeal a specific Act; to repeal conflicting laws; and for other purposes.

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

SB 278. By Senator Williams of the 19th:
A BILL to be entitled an Act to reconstitute the Board of Commissioners of Telfair County; to provide for 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;

MONDAY, APRIL 7, 2003

1893

to provide for oaths of office and surety bonds; to provide for the filling of vacancies; to provide for the compensation and expenses of the chairperson and members of the board; to provide for the compensation of the clerk and other county employees; to repeal an Act approved August 27, 1931 (Ga. L. 1931, p. 566), as amended; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

Representative Boggs of the 145th arose to a point of personal privilege and addressed the House.

Representative Willard of the 40th arose to a point of personal privilege and addressed the House.

Representative Massey of the 24th arose to a point of personal privilege and addressed the House.

Representative Morris of the 120th arose to a point of personal privilege and addressed the House.

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

HR 615. By Representatives Cummings of the 19th, Coleman of the 118th, Heath of the 18th, Smith of the 13th, Post 2 and Childers of the 13th, Post 1:
A RESOLUTION commending the Rockmart High School wrestling team and inviting the team and its coaches to appear before the House of Representatives; and for other purposes.

HR 616. By Representatives Watson of the 60th, Post 2, Williams of the 61st, Post 2, Greene-Johnson of the 60th, Post 3 and Stephenson of the 60th, Post 1:

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JOURNAL OF THE HOUSE
A RESOLUTION commemorating the 90th birthday of Emma Respress; inviting her to appear before the House of Representatives; and for other purposes.

HR 678. By Representatives Orrock of the 51st, Stanley-Turner of the 43rd, Post 2, Thomas of the 43rd, Post 1, McClinton of the 59th, Post 1, McBee of the 74th and others:
A RESOLUTION designating Tuesday, April 15, 2003, as Equal Pay Day; and for other purposes.

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

HR 216. By Representatives Bannister of the 70th, Post 1, Dix of the 70th, Post 2, Sheldon of the 71st, Post 2 and Heard of the 70th, Post 3:
A RESOLUTION inviting the coaches and players of the Parkview High School Panthers football team to appear before the House of Representatives; and for other purposes.

HR 602. By Representatives Bruce of the 45th, Holmes of the 48th, Post 1, Thomas of the 43rd, Post 1, Brooks of the 47th, Sailor of the 61st, Post 1 and others:
A RESOLUTION honoring the life of the Honorable Henrietta Mathis Canty and inviting her children, D'Jaris, Clarence, Kevin, Kirk, and Dean Canty, 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 Resolutions of the House were taken up for consideration and read the third time:

HR 65.

By Representatives Reece of the 11th and Ashe of the 42nd, Post 2:
A RESOLUTION creating the House Study Committee on Technology Education; and for other purposes.

MONDAY, APRIL 7, 2003

1895

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

HR 397. By Representative Maddox of the 59th, Post 2:
A RESOLUTION creating the Joint MARTA Finance Study Committee; and for other purposes.

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

HR 406. By Representatives Ray of the 108th and James of the 114th:
A RESOLUTION designating that overpass between Commercial Heights and SR 96 East in the City of Fort Valley which connects U.S. 341 and SR 96 East as the Gamaliel Hilson Memorial Overpass; 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 Amerson Anderson
Y Ashe Y Bannister
Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks

Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J

Hill, C.A Y Hill, V Y Hines
Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce

Y Mobley Y Moraitakis Y Morris
Mosby Y Mosley Y Murphy, J Y Murphy, Q
Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner

1896
Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn
Burkhalter Y Burmeister Y Butler
Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B
Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Fludd Forster Franklin
Y Gardner Golick
Y Graves, D Y Graves, T Y Greene Y Greene-Johnson
Hanner Y Harbin
Harper Y Harrell Y Heard, J Y Heard, K Y Heath
Heckstall Y Hembree E Henson Y Hill, C

Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson E Westmoreland Y White Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the adoption of the Resolutions, the ayes were 154, nays 0. The Resolutions, having received the requisite constitutional majority, were adopted.

Representative Dukes of the 136th stated that 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, having been postponed from Friday, March 28, 2003, were taken up for consideration and read the third time:

HB 246. By Representatives Birdsong of the 104th and Jenkins of the 93rd:
A BILL 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; and for other purposes.

The following Committee substitute was read:

MONDAY, APRIL 7, 2003

1897

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 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 50-18-72, relating to exceptions from the requirements of disclosure of public records, is amended by striking "or" at the end of paragraph (13.1) of subsection (a), striking the period at the end of paragraph (14) of subsection (a) and inserting "; or" in lieu thereof, and adding a new paragraph (15) of subsection (a) 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 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."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and withdrawn:

Representative McCall of the 78th moves to amend the Committee substitute to HB 246 by inserting on line 7 of page 1 after the word and symbol "cases;" the following:
"to provide for an exemption for certain records related to public water supply systems or public sewage systems; to provide for judicial review in camera of certain

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JOURNAL OF THE HOUSE

nondisclosed documents;"
By striking lines 13 and 14 of page 1 and inserting in lieu thereof the following:
"the period at the end of paragraph (14) of subsection (a) and inserting ";" in lieu thereof, and adding new paragraphs (15) and (16) of subsection (a) to read as follows:"
By striking line 22 of page 1 and inserting in lieu thereof the following:
"of the existence of a confidential surveillance or investigation; or (16)(A) Maps, plans, layouts, schematics, engineering drawings, diagrams, vulnerability assessment reports, emergency response plans, or other records relating to any public water supply system or public sewage system, the disclosure of which could render such system more susceptible to intentional attack or damage or to sabotage. (B) In the event of litigation challenging nondisclosure by an agency of any document covered by this paragraph, the court may review the document in question in camera and may condition, in writing, any disclosure upon such measures as the court may find necessary to protect against endangerment of life, safety, or public property.'"

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 Amerson Anderson
Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster

Hill, C.A Y Hill, V Y Hines
Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox

Y Mobley Y Moraitakis Y Morris Y Mosby
Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P
Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson
Stokes Y Stoner Y Teilhet Y Teper

Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell
Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

MONDAY, APRIL 7, 2003

Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath
Heckstall Y Hembree E Henson Y Hill, C

Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

1899
Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson E Westmoreland Y White
Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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

HB 182. By Representatives Benfield of the 56th, Post 1 and Drenner of the 57th:
A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to improve enforcement of Uniform Rules of the Road; to regulate use of traffic law compliance monitoring devices in enforcing certain such rules; to provide for related inspection of motor vehicle registration records; to provide that certain maximum speeding fine limitations shall not apply to speeding in a school speed zone; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to improve enforcement of Uniform Rules of the Road; to regulate use of traffic law compliance monitoring devices in enforcing certain such rules; to provide for the misdemeanor of intentionally covering, concealing, or altering a license plate to evade prosecution; to provide for related inspection of motor vehicle registration records;

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to provide that certain maximum speeding fine limitations shall not apply to speeding in a school speed zone; to change certain provisions relating to required observance of Uniform Rules of the Road; to change certain provisions relating to obedience to trafficcontrol devices requirements, presumptions, and enforcement by traffic-control signal monitoring devices; to change certain provisions relating to traffic-control signal monitoring 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 inserting a new Code section to read as follows:
"40-1-1.1. (a) As used in this Code section, the term:
(1) 'Owner' means the registrant of a motor vehicle, except that such term shall not include a motor vehicle rental company when a motor vehicle registered by such company is being operated by another person under a rental agreement with such company. (2) 'Recorded images' means images recorded by a traffic-control signal monitoring device:
(A) On: (i) Two or more photographs; (ii) Two or more microphotographs; (iii) Two or more electronic images; or (iv) Videotape; and
(B) Showing the view from the rear only of a motor vehicle apparently operated in disregard or disobedience of a CIRCULAR RED or RED ARROW traffic-control signal at any location or a maximum speed limit in a school zone and, on at least one such image or portion of tape, clearly revealing the number or other identifying designation of the license plate displayed on the rear of such motor vehicle. (3) 'Traffic law compliance monitoring device' means a device with one or more motor vehicle sensors used to produce recorded images of motor vehicles being operated in disregard or disobedience of a CIRCULAR RED or RED ARROW traffic-control signal or a maximum speed limit in a school zone. (b) Provisions of this chapter governing obedience to CIRCULAR RED or RED ARROW traffic-control signals may be enforced at any location as provided in this Code section, and provisions of this chapter governing maximum speed limits may be enforced in school zones up to one hour before, during, and up to one hour after normal hours of school operation on days when school is in session as provided in this Code section, pursuant to the use of traffic law compliance monitoring devices in accordance with Article 3 of Chapter 14 of this title. (c) For the purpose of enforcement pursuant to this Code section: (1) The driver of a motor vehicle shall be liable for a civil monetary penalty not to

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exceed $100.00 if such vehicle is found, as evidenced by recorded images produced by a traffic law compliance monitoring device, to have been operated in disregard or disobedience of a CIRCULAR RED or RED ARROW traffic-control signal in violation of Code Section 40-6-20 or of a maximum speed limit in a school zone established by or pursuant to Article 9 of this chapter and such disregard or disobedience was not otherwise authorized by law; (2) The law enforcement agency for which such device is permitted shall send by first-class mail addressed to the owner of the motor vehicle postmarked not later than ten days after the date of the alleged violation:
(A) A citation for the violation, which shall include the date and time of the violation, the location of the violation, the amount of the civil monetary penalty imposed, and the date by which the civil monetary penalty shall be paid; (B) A copy of the recorded image; (C) A copy of a certificate sworn to or affirmed by a trained law enforcement officer or a technician employed by a law enforcement agency for which such device is authorized and stating that, based upon inspection of recorded images, the owners motor vehicle was operated in disregard or disobedience of a CIRCULAR RED or RED ARROW traffic-control signal in violation of Code Section 40-6-20 or of a maximum speed limit in a school zone established by or pursuant to Article 9 of this chapter and that such disregard or disobedience was not otherwise authorized by law; (D) A statement of the inference provided by paragraph (4) of this subsection and of the means specified therein by which such inference may be rebutted; (E) Information advising the owner of the motor vehicle of the manner and time in which liability as alleged in the citation may be contested in court; and (F) Warning that failure to pay the civil monetary penalty or to contest liability in a timely manner shall waive any right to contest liability and result in a civil monetary penalty; provided, however, that only warning notices and not complaints for violations shall be sent during the 30 day period commencing with the installation of a traffic law compliance monitoring device at such location; (3) Proof that a motor vehicle was operated in disregard or disobedience of a CIRCULAR RED or RED ARROW traffic-control signal in violation of Code Section 40-6-20 or of a maximum speed limit in a school zone established by or pursuant to Article 9 of this chapter shall be evidenced by recorded images produced by a traffic law compliance monitoring device authorized pursuant to Article 3 of Chapter 14 of this title. A copy of a certificate sworn to or affirmed by a trained law enforcement officer or a technician employed by a law enforcement agency for which such device is authorized and stating that, based upon inspection of recorded images, a motor vehicle was operated in disregard or disobedience of a CIRCULAR RED or RED ARROW traffic-control signal in violation of Code Section 40-6-20 or of a maximum speed limit in a school zone established by or pursuant to Article 9 of this chapter and that such disregard or disobedience was not otherwise authorized by law

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shall be prima-facie evidence of the facts contained therein; and (4) Liability under this Code section shall be determined based upon preponderance of the evidence. Prima-facie evidence that the vehicle described in the complaint issued pursuant to this Code section was operated in disregard or disobedience of a CIRCULAR RED or RED ARROW traffic-control signal in violation of Code Section 40-6-20 or of a maximum speed limit in a school zone established by or pursuant to Article 9 of this chapter, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, shall permit the trier of fact in its discretion to infer that such owner of the vehicle was the driver of the vehicle at the time of the alleged violation. Such an inference may be rebutted if the owner of the vehicle:
(A) Testifies under oath in open court that he or she was not the operator of the vehicle at the time of the alleged violation; (B) Presents to the court prior to the return date established on the complaint a certified copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation; or (C) Submits to the court prior to the return date established on the complaint a sworn notarized statement identifying the name of the operator of the vehicle at the time of the alleged violation. (d) A violation for which a civil penalty is imposed pursuant to this Code section shall not be considered a moving traffic violation for the purpose of points assessment under Code Section 40-5-57. Such violation shall be deemed noncriminal, and imposition of a civil penalty pursuant to this Code section shall not be deemed a conviction and shall not be made a part of the operating record of the person upon whom such liability is imposed, nor shall it be used for any insurance purposes in the provision of motor vehicle insurance coverage. (e) If a person summoned by first-class mail fails to appear on the date of return set out in the citation and has not paid the penalty for the violation or filed a police report or affidavit pursuant to subparagraph (c)(4)(B) or (c)(4)(C) of this Code section, the person summoned shall have waived the right to contest the violation and shall be liable for a civil monetary penalty in an amount fixed by ordinance of the county or municipality having jurisdiction over the offense. (f) Except as otherwise provided in this Code section, the provisions of law governing jurisdiction, procedure, defenses, adjudication, appeal, and payment and distribution of penalties otherwise applicable to violations of this chapter shall apply to enforcement under this Code section; provided, however, that any appeal from superior or state court shall be by application in the same manner as that provided by Code Section 5-6-35. (g) Recorded images made for purposes of this Code section shall not be a public record for purposes of Article 4 of Chapter 18 of Title 50. (h) The provisions of this Code section shall not limit law enforcement agencies to the use of traffic law compliance monitoring devices in enforcing any provision of Code Section 40-6-20 or Article 9 of this chapter; and, when there is evidence obtained from another source or sources which constitutes a prima-facie case of a violation of Code

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Section 40-6-20 or Article 9 of this chapter, such violation may be prosecuted as otherwise provided by law in lieu of, but not in addition to, enforcement under this Code section. (i) It shall be a misdemeanor for a driver of a motor vehicle to intentionally cover, conceal, or alter his or her license plate for purposes of evading prosecution under this Code section."
SECTION 2. Said title is further amended in Code Section 40-2-130, relating to records of certificates of registration, by striking paragraph (1) of subsection (c) and inserting in lieu thereof the following:
"(1) Any law enforcement officer for official law enforcement investigations or for the purpose of identifying the registrant of a motor vehicle when operating a traffic law compliance monitoring device pursuant to Code Section 40-1-1.1, as certified by the commanding officer of the law enforcement agency making such request;"
SECTION 3. Said title is further amended in Code Section 40-6-1, relating to required observance of rules of the road, punishment for violations generally, and maximum fines for certain offenses, by adding a new subsection (c) of said Code section to read as follows:
"(c) The fine limitations contained in subsection (b) of this Code section shall not apply to speeding violations committed in school speed zones properly marked in accordance with Article 9 of this chapter within one hour before, during, or within one hour after normal hours of school operation."
SECTION 4. Said title is further amended by striking Code Section 40-6-20, relating to obedience to traffic-control devices required, presumptions, and enforcement by traffic-control signal monitoring devices, and inserting in lieu thereof the following:
"40-6-20. (a) The driver of any vehicle shall obey the instructions of an official traffic-control device applicable thereto, placed in accordance with this chapter, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter. A violation of this subsection shall be a misdemeanor, except as otherwise provided by subsection (f) of this Code section. (b) No provisions of this chapter which require official traffic-control devices shall be enforced against an alleged violator if at the time and place of the alleged violation an official device was not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular Code section does not state that official traffic-control devices are required, such Code section shall be effective even though no devices are erected or in place. (c) Whenever official traffic-control devices are placed in position approximately conforming to the requirements of this chapter, such devices shall be presumed to have

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been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence. (d) Any official traffic-control device placed pursuant to this chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter, unless the contrary shall be established by competent evidence. (e) The disregard or disobedience of the instructions of any official traffic-control device or signal placed in accordance with the provisions of this chapter by the driver of a vehicle shall be deemed prima-facie evidence of a violation of law, without requiring proof of who and by what authority such sign or device has been erected.
(f)(1) As used in this subsection, the term: (A) 'Owner' means the registrant of a motor vehicle, except that such term shall not include a motor vehicle rental company when a motor vehicle registered by such company is being operated by another person under a rental agreement with such company. (B) 'Recorded images' means images recorded by a traffic-control signal monitoring device: (i) On: (I) Two or more photographs; (II) Two or more microphotographs; (III) Two or more electronic images; or (IV) Videotape; and (ii) Showing a traffic-control signal displaying a CIRCULAR RED or RED ARROW signal along with the rear of a motor vehicle apparently operated in disregard or disobedience of such signal and, on at least one image or portion of tape, clearly revealing the number or other identifying designation of the license plate displayed on the motor vehicle. (C) 'Traffic-control signal monitoring device' means a device with one or more motor vehicle sensors working in conjunction with a traffic-control signal to produce recorded images of motor vehicles being operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal.
(2) Subsection (a) of this Code section may be enforced as provided in this subsection pursuant to the use of traffic-control signal monitoring devices in accordance with Article 3 of Chapter 14 of this title. (3) For the purpose of enforcement pursuant to this subsection:
(A) The driver of a motor vehicle shall be liable for a civil monetary penalty of not more than $70.00 if such vehicle is found, as evidenced by recorded images produced by a traffic-control signal monitoring device, to have been operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section and such disregard or disobedience was not otherwise authorized by law; (B) The law enforcement agency for which such device is permitted shall send by first-class mail addressed to the owner of the motor vehicle postmarked not later

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than ten days after the date of the alleged violation: (i) A uniform traffic citation for the violation, which shall include the date and time of the violation, the location of the intersection, the amount of the civil monetary penalty imposed, and the date by which the civil monetary penalty shall be paid; (ii) A copy of the recorded image; (iii) A copy of a certificate sworn to or affirmed by a trained law enforcement officer or a technician employed by a law enforcement agency for which such device is authorized and stating that, based upon inspection of recorded images, the owners motor vehicle was operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section and that such disregard or disobedience was not otherwise authorized by law; (iv) A statement of the inference provided by subparagraph (D) of this paragraph and of the means specified therein by which such inference may be rebutted; (v) Information advising the owner of the motor vehicle of the manner and time in which liability as alleged in the citation may be contested in court; and (vi) Warning that failure to pay the civil monetary penalty or to contest liability in a timely manner shall waive any right to contest liability and result in a civil monetary penalty;
provided, however, that only warning notices and not citations for violations shall be sent during the 30 day period commencing with the installation of a trafficcontrol signal monitoring device at such location; (C) Proof that a motor vehicle was operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section shall be evidenced by recorded images produced by a traffic-control signal monitoring device authorized pursuant to Article 3 of Chapter 14 of this title. A copy of a certificate sworn to or affirmed by a trained law enforcement officer or a technician employed by a law enforcement agency for which such device is authorized and stating that, based upon inspection of recorded images, a motor vehicle was operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section and that such disregard or disobedience was not otherwise authorized by law shall be prima-facie evidence of the facts contained therein; and (D) Liability under this subsection shall be determined based upon preponderance of the evidence. Prima-facie evidence that the vehicle described in the citation issued pursuant to this subsection was operated in violation of subsection (a) of this Code section, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, shall permit the trier of fact in its discretion to infer that such owner of the vehicle was the driver of the vehicle at the time of the alleged violation. Such an inference may be rebutted if the owner of the vehicle:
(i) Testifies under oath in open court that he or she was not the operator of the

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vehicle at the time of the alleged violation; (ii) Presents to the court prior to the return date established on the citation a certified copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation; or (iii) Submits to the court prior to the return date established on the citation a sworn notarized statement identifying the name of the operator of the vehicle at the time of the alleged violation. (4) A violation for which a civil penalty is imposed pursuant to this subsection shall not be considered a moving traffic violation, for the purpose of points assessment under Code Section 40-5-57. Such violation shall be deemed noncriminal, and imposition of a civil penalty pursuant to this subsection shall not be deemed a conviction and shall not be made a part of the operating record of the person upon whom such liability is imposed, nor shall it be used for any insurance purposes in the provision of motor vehicle insurance coverage. (5) If a person summoned by first-class mail fails to appear on the date of return set out in the summons and has not paid the penalty for the violation or filed a police report or affidavit pursuant to division (3)(D)(ii) or (3)(D)(iii) of this subsection, the person summoned shall have waived the right to contest the violation and shall be liable for a civil monetary penalty of not more than $70.00. (6) Except as otherwise provided in this subsection, the provisions of law governing jurisdiction, procedure, defenses, adjudication, appeal, and payment and distribution of penalties otherwise applicable to violations of subsection (a) of this Code section shall apply to enforcement under this subsection; provided, however, that any appeal from superior or state court shall be by application in the same manner as that provided by Code Section 5-6-35. (7) Recorded images made for purposes of this subsection shall not be a public record for purposes of Article 4 of Chapter 18 of Title 50. (8) The provisions of this subsection shall not limit law enforcement agencies to the use of traffic-control signal monitoring devices in enforcing subsection (a) of this Code section; and, when there is evidence obtained from another source or sources which constitutes a prima-facie case of a violation of subsection (a) of this Code section, such violation may be prosecuted as otherwise provided by law in lieu of, but not in addition to, enforcement under this subsection."
SECTION 5. Said title is further amended by striking Article 3 of Chapter 14, relating to traffic-control signal monitoring devices, and inserting in lieu thereof the following:
"ARTICLE 3
40-14-20. As used in this article, the term:
(1) 'Recorded images' has the meaning provided in subparagraph (f)(1)(B) of Code

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Section 40-6-20 Code Section 40-1-1.1. (2) 'Traffic-control signal Traffic law compliance monitoring device' has the meaning provided in subparagraph (f)(1)(C) of Code Section 40-6-20 Code Section 40-1-1.1.
40-14-20.1. Traffic law compliance monitoring devices shall be subject to the provisons of this chapter. Such devices used to enforce maximum speed limits in school zones shall not be subject to the provisons of Article 2 of this chapter.
40-14-21. (a) The law enforcement agency of any county or municipality shall not use trafficcontrol signal traffic law compliance monitoring devices unless the chief law enforcement officer of such county or municipality desires the use of such devices and such use is approved by the governing authority of the county or municipality. The governing authority of the county or municipality shall conduct a public hearing on the proposed use of such devices prior to entering any contract on or after July 1, 2001, for the use or purchase of such devices. (b) No county or municipal governing authority shall be authorized to use trafficcontrol signal traffic law compliance monitoring devices where any arresting officer or official of the court having jurisdiction of traffic cases is paid on a fee system. This subsection shall not apply to any official receiving a recording fee. (c) If a county or municipality elects to use traffic-control signal traffic law compliance monitoring devices, no portion of any fine civil penalty collected through the use of such devices may be paid to the manufacturer or vendor of the traffic-control signal traffic law compliance monitoring devices. The compensation paid by the county or municipality for such devices shall be based on the value of such equipment and shall not be based on the number of traffic citations issued or the revenue generated by such devices.
(d)(1) A traffic-control signal traffic law compliance monitoring device shall not be used by a law enforcement agency unless the law enforcement agency employs at least one full-time certified peace officer and unless the fines levied based on the use of such devices amount to less than 40 percent of the law enforcement agencys budget; provided, however, that fines for speeding violations in school zones exceeding 17 miles per hour over the established limit shall not be considered when calculating total speeding fine revenue for the agency. (2) Failure of a law enforcement agency to continue to meet the standards provided by this subsection shall cause such agency to be ineligible to use traffic-control signal traffic law compliance monitoring devices.
40-14-22. The timing of any traffic-control signal which is being monitored by a traffic-control signal traffic law compliance monitoring device shall conform to regulations promulgated by the Department of Transportation pursuant to Code Section 32-6-50.

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Traffic law compliance monitoring devices used to enforce maximum speed limits in school zones shall conform to regulations promulgated by the Department of Public Safety. Each county or municipal law enforcement agency using a traffic-control signal traffic law compliance monitoring device shall at its own expense test the device for accuracy at regular intervals and record and maintain the results of each test. Such test results shall be public records subject to inspection as provided by Article 4 of Chapter 18 of Title 50. Each such test shall be made in accordance with the manufacturers recommended procedure. Any such device not meeting the manufacturers minimum accuracy requirements shall be removed from service and thereafter shall not be used by the county or municipal law enforcement agency until it has been serviced and calibrated at the expense of the law enforcement agency by a qualified technician.
40-14-23. Each county or municipality using traffic-control signal traffic law compliance monitoring devices shall erect signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the jurisdictional limits of the county or municipality. A sign shall be erected also by such entity on each public road on the approach to the next traffic-control signal or school speed zone for such road when a traffic-control signal traffic law compliance monitoring device is monitoring such next signal or school speed zone for such road. No traffic law compliance monitoring device shall be used for enforcement of any maximum speed limit in any school speed zone at any location which is less than 500 feet from such a warning sign. Such signs shall be at least 30 inches by 30 inches in measurement and shall warn approaching motorists that traffic-control signal traffic law compliance monitoring devices are being employed and, in the case of school speed zones, shall give notice of the hours when such devices are in use.
40-14-24. Each county or municipality using any traffic-control signal traffic law compliance monitoring device shall submit not later than February 1 of each year a report on such use during the preceding calendar year to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives. Such report shall include, without limitation:
(1) A description of the locations where traffic-control signal traffic law compliance monitoring devices were used; (2) The number of violations recorded at each location and in the aggregate on a monthly basis; (3) The total number of citations issued; (4) The number of fines and total amount of fines paid after citation without contest; (5) The number of violations adjudicated and results of such adjudications, including a breakdown of dispositions made; (6) The total amount of fines paid; and

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(7) The quality of the adjudication process and its results." SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.

1909

The following substitute, offered by Representative Benfield of the 56th, Post 1, was read and adopted:

A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for enforcement of certain uniform rules of the road by use of traffic-control signal monitoring devices; to change certain provisions relating to records of certificates of registration; to change certain provisions relating to obedience to trafficcontrol devices requirements, presumptions, and enforcement by traffic-control signal monitoring devices; to change certain provisions relating to use of traffic-control signal monitoring devices; to change certain provisions relating to reporting of traffic-control signal monitoring device use to elected officials; 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 40-2-130, relating to records of certificates of registration, by striking paragraph (1) of subsection (c) and inserting in lieu thereof the following:
"(1) Any law enforcement officer for official law enforcement investigations or for identifying the registrant of a motor vehicle for purposes of use of a traffic-control signal monitoring device pursuant to subsection (f) of Code Section 40-6-20, as certified by the commanding officer of the law enforcement agency making such request;"
SECTION 2. Said title is further amended by striking Code Section 40-6-20, relating to obedience to traffic-control devices requirements, presumptions, and enforcement by traffic-control signal monitoring devices, and inserting in lieu thereof the following:
"40-6-20. (a) The driver of any vehicle shall obey the instructions of an official traffic-control device applicable thereto, placed in accordance with this chapter, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter. A violation of this subsection shall be a

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misdemeanor, except as otherwise provided by subsection (f) of this Code section. (b) No provisions of this chapter which require official traffic-control devices shall be enforced against an alleged violator if at the time and place of the alleged violation an official device was not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular Code section does not state that official traffic-control devices are required, such Code section shall be effective even though no devices are erected or in place. (c) Whenever official traffic-control devices are placed in position approximately conforming to the requirements of this chapter, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence. (d) Any official traffic-control device placed pursuant to this chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter, unless the contrary shall be established by competent evidence. (e) The disregard or disobedience of the instructions of any official traffic-control device or signal placed in accordance with the provisions of this chapter by the driver of a vehicle shall be deemed prima-facie evidence of a violation of law, without requiring proof of who and by what authority such sign or device has been erected.
(f)(1) As used in this subsection, the term: (A) 'Owner' means the registrant of a motor vehicle, except that such term shall not include a motor vehicle rental company when a motor vehicle registered by such company is being operated by another person under a rental agreement with such company. (B) 'Recorded images' means images recorded by a traffic-control signal monitoring device: (i) On: (I) Two or more photographs; (II) Two or more microphotographs; (III) Two or more electronic images; or (IV) Videotape; and (ii) Showing a traffic-control signal displaying a CIRCULAR RED or RED ARROW signal along with the rear of a motor vehicle apparently operated in disregard or disobedience of such signal and, on at least one image or portion of tape, clearly revealing the number or other identifying designation of the license plate displayed on the motor vehicle. (C) 'Traffic-control signal monitoring device' means a device with one or more motor vehicle sensors working in conjunction with a traffic-control signal to produce recorded images of motor vehicles being operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal.
(2) Subsection (a) of this Code section may be enforced as provided in this subsection pursuant to the use of traffic-control signal monitoring devices in accordance with Article 3 of Chapter 14 of this title.

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(3) For the purpose of enforcement pursuant to this subsection: (A) The driver of a motor vehicle shall be liable for a civil monetary penalty of not more than $70.00 if such vehicle is found, as evidenced by recorded images produced by a traffic-control signal monitoring device, to have been operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section and such disregard or disobedience was not otherwise authorized by law; (B) The law enforcement agency for which such device is permitted shall send by first-class mail addressed to the owner of the motor vehicle postmarked not later than ten days after the date of the alleged violation: (i) A uniform traffic citation for the violation, which shall include the date and time of the violation, the location of the intersection, the amount of the civil monetary penalty imposed, and the date by which the civil monetary penalty shall be paid; (ii) A copy of the recorded image; (iii) A copy of a certificate sworn to or affirmed by a trained law enforcement officer or a technician employed by a law enforcement agency for which such device is authorized and stating that, based upon inspection of recorded images, the owners motor vehicle was operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section and that such disregard or disobedience was not otherwise authorized by law; (iv) A statement of the inference provided by subparagraph (D) of this paragraph and of the means specified therein by which such inference may be rebutted; (v) Information advising the owner of the motor vehicle of the manner and time in which liability as alleged in the citation may be contested in court; and (vi) Warning that failure to pay the civil monetary penalty or to contest liability in a timely manner shall waive any right to contest liability and result in a civil monetary penalty; provided, however, that only warning notices and not citations for violations shall be sent during the 30 day period commencing with the installation of a trafficcontrol signal monitoring device at such location; (C) Proof that a motor vehicle was operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section shall be evidenced by recorded images produced by a traffic-control signal monitoring device authorized pursuant to Article 3 of Chapter 14 of this title. A copy of a certificate sworn to or affirmed by a trained law enforcement officer or a technician employed by a law enforcement agency for which such device is authorized and stating that, based upon inspection of recorded images, a motor vehicle was operated in disregard or disobedience of a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of this Code section and that such disregard or disobedience was not otherwise authorized by law shall be prima-facie evidence of the facts contained therein; and

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(D) Liability under this subsection shall be determined based upon preponderance of the evidence. Prima-facie evidence that the vehicle described in the citation issued pursuant to this subsection was operated in violation of subsection (a) of this Code section, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, shall permit the trier of fact in its discretion to infer that such owner of the vehicle was the driver of the vehicle at the time of the alleged violation. Such an inference may be rebutted if the owner of the vehicle:
(i) Testifies under oath in open court that he or she was not the operator of the vehicle at the time of the alleged violation; (ii) Presents to the court prior to the return date established on the citation a certified copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation; or (iii) Submits to the court prior to the return date established on the citation a sworn notarized statement identifying the name of the operator of the vehicle at the time of the alleged violation. (4) A violation for which a civil penalty is imposed pursuant to this subsection shall not be considered a moving traffic violation, for the purpose of points assessment under Code Section 40-5-57. Such violation shall be deemed noncriminal, and imposition of a civil penalty pursuant to this subsection shall not be deemed a conviction and shall not be made a part of the operating record of the person upon whom such liability is imposed, nor shall it be used for any insurance purposes in the provision of motor vehicle insurance coverage. (5) If a person summoned by first-class mail fails to appear on the date of return set out in the summons citation and has not paid the penalty for the violation or filed a police report or affidavit pursuant to division (3)(D)(ii) or (3)(D)(iii) of this subsection, the person summoned shall have waived the right to contest the violation and shall be liable for a civil monetary penalty of not more than $70.00. (6) Any court having jurisdiction over violations of subsection (a) of this Code section or any ordinance adopting the provisions of said subsection pursuant to Code Section 40-6-372 shall have jurisdiction over cases arising under this subsection and shall be authorized to impose the civil monetary penalty provided by this subsection. Except as otherwise provided in this subsection, the provisions of law governing jurisdiction, procedure, defenses, adjudication, appeal, and payment and distribution of penalties otherwise applicable to violations of subsection (a) of this Code section shall apply to enforcement under this subsection; provided, however, that any appeal from superior or state court shall be by application in the same manner as that provided by Code Section 5-6-35. (7) Recorded images made for purposes of this subsection shall not be a public record for purposes of Article 4 of Chapter 18 of Title 50. (8) The provisions of this subsection shall not limit law enforcement agencies to the use of traffic-control signal monitoring devices in enforcing subsection (a) of this Code section; and, when there is evidence obtained from another source or sources

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which constitutes a prima-facie case of a violation of subsection (a) of this Code section, such violation may be prosecuted as otherwise provided by law in lieu of, but not in addition to, enforcement under this subsection."
SECTION 3. Said title is further amended by striking subsection (c) of Code Section 40-14-21, relating to use of traffic-control signal monitoring devices, and inserting in lieu thereof the following:
"(c) If a county or municipality elects to use traffic-control signal monitoring devices, no portion of any fine civil monetary penalty collected through the use of such devices may be paid to the manufacturer or vendor of the traffic-control signal monitoring devices. The compensation paid by the county or municipality for such devices shall be based on the value of such equipment and shall not be based on the number of traffic citations issued or the revenue generated by such devices."
SECTION 4. Said title is further amended by striking Code Section 40-14-24, relating to reporting of traffic-control signal monitoring device use to elected officials, and inserting in lieu thereof the following:
"40-14-24. Each county or municipality using any traffic-control signal monitoring device shall submit not later than February 1 of each year a report on such use during the preceding calendar year to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives. Such report shall include, without limitation:
(1) A description of the locations where traffic-control signal monitoring devices were used; (2) The number of violations recorded at each location and in the aggregate on a monthly basis; (3) The total number of citations issued; (4) The number of fines civil monetary penalties and total amount of fines such penalties paid after citation without contest; (5) The number of violations adjudicated and results of such adjudications, including a breakdown of dispositions made; (6) The total amount of fines civil monetary penalties paid; and (7) The quality of the adjudication process and its results."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Amerson Anderson
Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath
Heckstall Y Hembree E Henson Y Hill, C

Hill, C.A Y Hill, V Y Hines
Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley
Jackson Y James Y Jamieson Y Jenkins Y Jones
Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson E Westmoreland Y White
Wilkinson Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Coleman, 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.

The following Bill of the House, having been postponed from Friday, March 28, 2003, was again taken up for consideration:
HB 191. By Representative Lord of the 103rd:

MONDAY, APRIL 7, 2003

1915

A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for the voluntary cancellation of the registration of certain vehicles and the restoration thereof; to provide definitions; to provide for an exception for insurers for reporting certain insurance coverage for fleet insurance policies; to change the fees for lapse and restoration fees; and for other purposes.

The Floor substitute, offered by Representative Lord of the 103rd et al., was withdrawn.

The following substitute, offered by Representative Parham of the 94th, was read and adopted:

A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for the voluntary cancellation of the registration of certain vehicles and the restoration thereof; to change certain provisions relating to form and contents of application for registration and heavy vehicle tax; to provide that vehicle registration or renewal thereof shall not be issued under certain conditions; to change certain provisions relating to notification of coverage termination; to change certain provisions relating to notice of insurance issuance, renewal, or termination; to change certain provisions relating to insurance requirements for operation of motor vehicles generally; to change certain provisions relating to insurance requirements for operation of motorcycles; to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident reparations, so as to repeal certain provisions relating to vehicles not to be licensed until proof of insurance is furnished; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by adding a new Code Section 40-2-10 to read as follows:
"40-2-10. A vehicle registrant may voluntarily cancel the registration on a vehicle when such vehicle is not in use for any reason, including without limitation if the vehicle is stolen, repossessed but not redeemed by the registrant, junked, inoperable, in storage, used seasonally for agricultural or other purposes, or if the owner is on active duty in the armed forces of the United States and is transferred to a duty station away from the

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location of the vehicle or is on active sea duty. A registration that has been voluntarily cancelled may be reinstated upon payment of all accrued ad valorem taxes and license fees, if any."
SECTION 2. Said title is further amended in Code Section 40-2-26, relating to form and contents of application for registration and heavy vehicle tax, by striking subsection (d) and inserting in lieu thereof the following:
"(d)(1) On and after February 1, 2003, no As used in this subsection, for the purpose of issuing or renewing motor vehicle registration, the term 'satisfactory proof' means:
(A) Any type of proof that is satisfactory or sufficient proof of the owners insurance coverage under subsection (a) of Code Section 40-6-10; (B) Information obtained from the records or data base of the department regarding the owners insurance coverage which information is derived from notice provided to the department pursuant to Code Section 40-5-71; or (C) Such other type of proof of the owners insurance coverage as may be approved for purposes of this Code section by rule or regulation of the department. (2) 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 unless the tag agent receives 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 or an approved self-insurance plan and, in the case of a private passenger vehicle, that such coverage was initially issued for a minimum term of six months; 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 striking Code Section 40-2-137, relating to notification of coverage termination, and inserting 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) 'Fleet policy' means a commercial vehicle policy that insures two or more vehicles that are not identified individually by vehicle identification number on the policy or a commercial policy that is subject to adjustment by audit for vehicle changes at the end of the policy period. (3) 'Lapse' means one or more days upon which the records of the department do not

MONDAY, APRIL 7, 2003

1917

reflect that a motor vehicle was covered by a policy of minimum motor vehicle insurance coverage. (4) 'Minimum motor vehicle insurance coverage' means minimum coverage as specified in Chapter 34 of Title 33. (3) (5) 'Proof of minimum insurance coverage' means the receipt from an insurer by the department of notice of such insurance coverage by electronic transmission or other means approved by the department. (4) (6) '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. If the vehicle is covered by a fleet policy, the owners insurer shall not be required to provide such proof to the department by electronic means. (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. If any lapse fee provided for in this Code section is paid to the county tax commissioner, the county shall retain $5.00 thereof as a collection fee. (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

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registration shall be suspended immediately by operation of law by the department. When such proof is provided and the owner pays a $25.00 lapse fee of $25.00 and pays a $60.00 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. If any restoration fee provided for in this Code section is paid to the county tax commissioner, the county shall retain $10.00 thereof as a collection fee. (3) In the event of a second suspension of the owners registration under this Code section on or after February December 1, 2003, during any five-year period, the department by operation of law shall suspend the motor vehicle registration for a period of 90 days. After the 90 day suspension period and when proof is provided that minimum motor vehicle insurance coverage is in effect and the owner pays a $25.00 lapse fee of $25.00 and pays a $60.00 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 on or after February December 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 $25.00 lapse fee of $25.00 and pays a $160.00 restoration fee of $160.00, or $150.00 when processed by mail, the owner may apply for registration of the motor vehicle. (d)(1) The commissioner may waive the lapse fee for any owner whose vehicle registration has been voluntarily cancelled pursuant to Code Section 40-2-10. (2) Upon being presented with a copy of official orders or other satisfactory proof of ordered duty as approved by rule or regulation of the commissioner showing that an owner of a motor vehicle was deployed outside the continental United States on active military duty in the armed forces of the United States at the time his or her minimum motor vehicle insurance coverage for such vehicle terminated, the county tag agent shall waive the lapse fee and restoration fee, suspension of the owner's motor vehicle registration under this Code section shall terminate, and application for registration of the vehicle which otherwise satisfies requirements provided by law may be accepted without delay. (e) The commissioner may promulgate such rules and regulations as are necessary to implement this Code section. (f) The department shall commence suspending motor vehicle registrations as provided in this Code section on December 1, 2003. The department shall commence requiring payment of lapse fees and restoration fees as provided in this Code section on January 1, 2004."

MONDAY, APRIL 7, 2003

1919

SECTION 4. Said title is further amended by striking Code Section 40-5-71, relating to notice of insurance issuance, renewal, or termination, and inserting in lieu thereof a new Code Section 40-5-71 to read as follows:
"40-5-71. (a) As used in this Code section, the term:
(1) 'Commercial vehicle policy' means a policy of motor vehicle liability insurance insuring a motor vehicle that is rated or insured as a business use or commercial use vehicle or is licensed by the state as a commercial vehicle, except that such term shall not include any policy issued to a named insured who is a natural person. (2) 'Fleet policy' means a commercial vehicle policy that insures two or more vehicles that are not identified individually by vehicle identification number on the policy or a commercial policy that is subject to adjustment by audit for vehicle changes at the end of the policy period. (3) 'Owner' shall have the same meaning given in paragraph (.2) of subsection (a) of Code Section 40-2-21. (4) '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.
(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 other than a fleet policy 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; except that once coverage data has been electronically transmitted to the 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 name of insurer; 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

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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 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. The department shall commence the reports provided for in this Code section beginning January 1, 2004. (D) The reports required of insurers and the Commissioner of Insurance shall not apply to any vehicle for which the vehicle coverage is provided by a fleet policy. (2) The department shall prescribe the form and manner of electronic transmission for the purposes of insurers sending the notices required by this Code section which shall in no way be construed as modifying the provisions of Code Section 33-24-45. (3) Notwithstanding the provisions of paragraph (1) of this subsection, any irregularities in the notice to the department required by paragraph (1) of this subsection shall not invalidate an otherwise valid cancellation termination. (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, the insurer of record, and the owner of the vehicle in the manner prescribed by the commissioner. (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 that 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,

MONDAY, APRIL 7, 2003

1921

whereupon the owner shall, in accordance with department procedures, obtain a correction of such number at the appropriate county tag office."
SECTION 5. Said title is further amended by striking Code Section 40-6-10, relating to insurance requirements for operation of motor vehicles generally, and inserting in lieu thereof a new Code Section 40-6-10 to read as follows:
"40-6-10. (a)(1) Until January 31, 2003, the The owner or operator of a motor vehicle for which minimum motor vehicle liability insurance coverage is required under Chapter 34 of Title 33 shall keep proof or evidence of required minimum insurance coverage in the vehicle at all times during the operation of the vehicle. The owner of a motor vehicle shall provide to any operator of such vehicle proof or evidence of required minimum insurance coverage for the purposes of compliance with this subsection. (2) The following shall be acceptable proof of insurance on a temporary basis: (A) If the policy providing such coverage was applied for within the last 30 days, a current written binder for such coverage for a period not exceeding 30 days from the date such binder was issued shall be considered satisfactory proof or evidence of required minimum insurance coverage; (B) If the vehicle is operated under a rental agreement, a duly executed vehicle rental agreement shall be considered satisfactory proof or evidence of required minimum insurance coverage; and (C) If the owner acquired ownership of the motor vehicle in question within the past 20 30 days, if the type of proof described in subparagraph (A) of this paragraph is not applicable but the vehicle is currently effectively provided with required minimum insurance coverage under the terms of a policy providing required minimum insurance coverage for another motor vehicle, then a copy of the insurers declaration of coverage under the policy providing such required minimum insurance coverage for such other vehicle shall be considered satisfactory proof or evidence of required minimum insurance coverage for the vehicle in question, but only if accompanied by proof or evidence that the owner acquired ownership of the vehicle in question within the past 20 30 days. (2.1) If the vehicle is insured under a fleet policy as defined in Code Section 40-2137 providing the required minimum insurance coverage or if the vehicle is engaged in interstate commerce and registered under the provisions of Article 3A of Chapter 2 of this title, the insurance information card issued by the insurer shall be considered satisfactory proof of required minimum insurance coverage for the vehicle. (2.2) If the vehicle is insured under a certificate of self-insurance issued by the Commissioner of Insurance providing the required minimum insurance coverage under which the vehicle owner did not report the vehicle identification number to the Commissioner of Insurance, the insurance information card issued by the Commissioner of Insurance shall be considered satisfactory proof of required minimum insurance coverage for the vehicle, but only if accompanied by a copy of

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the certificate issued by the Commissioner of Insurance. (3) On and after February 1, 2003 January 1, 2004, the requirement under this Code section that proof or evidence of minimum liability insurance be maintained in a motor vehicle at all times during the operation of the vehicle shall not apply to the owner or operator of any vehicle for which the records or data base of the Department of Motor Vehicle Safety indicate indicates that required minimum insurance coverage is currently effective. (4) Except as otherwise provided in paragraph (7) of this subsection, any person who fails to comply with the requirements of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both. (5) Every law enforcement officer in this state shall determine if the operator of a motor vehicle subject to the provisions of this Code section has the required minimum insurance coverage every time the law enforcement officer stops the vehicle or requests the presentation of the drivers license of the operator of the vehicle. (6) If a law enforcement officer of this state determines that the owner or operator of a motor vehicle subject to the provisions of this Code section does not have proof or evidence of required minimum insurance coverage, the arresting officer shall issue a uniform traffic citation for operating a motor vehicle without proof of insurance and shall take possession of the drivers license and forward it to a court of competent jurisdiction. If the court or arresting officer determines that the operator is not the owner, then a uniform traffic citation may be issued to the owner for authorizing the operation of a motor vehicle without proof of insurance. (7) If the person receiving a citation under this subsection shows to the court having jurisdiction of the case that required minimum insurance coverage was in effect at the time the citation was issued, the court shall return the drivers license upon payment of may impose a fine not to exceed $25.00. The court shall not in this case forward a record of the disposition of the case to the department and the drivers license of such person shall not be suspended.
(8)(A) For purposes of this Code section up to and including January December 31, 2003, a valid insurance card shall be sufficient proof of insurance for any vehicle. (B) For purposes of this Code section on and after February 1, 2003 January 1, 2004, a valid insurance card shall be sufficient proof of insurance only for any vehicle covered under a commercial vehicle fleet policy as defined in Code Section 40-5-71. The insurance card for a fleet policy shall contain at least the name of the insurer, policy number, policy issue or effective date, policy expiration date, and the name of the insured and may, but shall not be required to, include the year, make, model, and vehicle identification number of the vehicle insured. (C) For any vehicle covered under a policy of motor vehicle liability insurance that is not a commercial vehicle fleet policy as defined in Code Section 40-5-71, the insurer shall issue a policy information identification card which shall contain at least the name of the insurer, policy number, policy issue or effective date, policy

MONDAY, APRIL 7, 2003

1923

expiration date, name of the insured, and year, make, model, and vehicle identification number of each vehicle insured; provided, however, that and on and after February 1, 2003 January 1, 2004, the owner or operator of the motor vehicle shall keep such policy information card in the vehicle at all times during operation of the vehicle for purposes of Code Section 40-6-273.1, but any such policy information identification card shall not be sufficient proof of insurance for any purposes of this Code section except as otherwise provided in this Code section. (b) An owner or any other person who knowingly operates or knowingly authorizes another to operate a motor vehicle without effective insurance on such vehicle or without an approved plan of self-insurance shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both. An operator of a motor vehicle shall not be guilty of a violation of this Code section if such operator maintains a policy of motor vehicle insurance which extends coverage to any vehicle the operator may drive. An owner or operator of a motor vehicle shall not be issued a citation by a law enforcement officer for a violation of this Code section if the sole basis for issuance of such a citation is that the law enforcement officer is unable to obtain insurance coverage information from the records of the department. (c) Any person who knowingly makes a false statement or certification under Code Section 40-5-71 or this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both. (d) Insurance Except for vehicles insured under a fleet policy as defined in Code Section 40-2-137 or under a plan of self-insurance approved by the Commissioner of Insurance, insurance coverage information from records of the department shall be prima-facie evidence of the facts stated therein and shall be admissible as evidence in accordance with Code Section 24-3-17 for the purposes of this Code section. (e) The minimum liability insurance data base of the department shall be operational for the purposes of testing, evaluation, verification of data, and validation of accuracy not later than November 1, 2002, and shall be fully operational not later than February 1, 2003 January 1, 2004."
SECTION 6. Said title is further amended by striking Code Section 40-6-11, relating to insurance requirements for operation of motorcycles, and inserting in lieu thereof the following:
"40-6-11. (a) For the purposes of this Code section, 'motorcycle' means any motor vehicle traveling on public streets or highways having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground but excluding a tractor and a moped. (b) No owner of a motorcycle or any other person, other than a self-insurer as defined in Chapter 34 of Title 33, shall operate or authorize any other person to operate the motorcycle unless the owner has liability insurance on the motorcycle equivalent to that

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required as evidence of security for bodily injury and property damage liability under Code Section 40-9-37. Any person who violates this subsection shall be guilty of a misdemeanor. (c) The operator of a motorcycle shall keep proof or evidence of the minimum insurance coverage required by this Code section in his or her immediate possession or on the motorcycle at all times when such person is operating the motorcycle but only under the same circumstances and of the same type as prescribed for operators of other motor vehicles in paragraph (1) of subsection (a) of Code Section 40-6-10. Any person who violates this subsection shall be subject to a fine not to exceed $25.00; however, there shall be no suspension of the persons operators license or motor vehicle license tag for a violation of this subsection.
(d)(1) Insurance coverage information from records of the department shall be primafacie evidence of the facts stated therein and shall be admissible as evidence in accordance with Code Section 24-3-17 for the purposes of this Code section. (2) Every law enforcement officer in this state shall request the operator of a motorcycle subject to the provisions of subsection (c) of this Code section to produce proof or evidence of minimum insurance coverage required by this Code section at any time the law enforcement officer stops the motorcycle or requests the presentation of the drivers license of such operator. (e) An owner or operator of a motorcycle shall not be issued a citation by a law enforcement officer for a violation of this Code section if the sole basis for issuance of such a citation is that the law enforcement officer is unable to obtain insurance coverage information from the records of the department."
SECTION 7. Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident reparations, is amended by striking and reserving Code Section 33-34-5, relating to vehicles not to be licensed until proof of insurance is furnished.
SECTION 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

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

MONDAY, APRIL 7, 2003

Y Amerson Anderson
Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell
Casas Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath
Heckstall Y Hembree E Henson Y Hill, C

Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal
Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

1925
Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson E Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, 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.

By unanimous consent, HB 191 was ordered immediately transmitted to the Senate.

The following Bills of the House, having been postponed from Friday, March 28, 2003, were taken up for consideration and read the third time:

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HB 148. By Representatives Ray of the 108th, Royal of the 140th, Black of the 144th and James of the 114th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale or use of liquefied petroleum gas or other fuel used for certain horticultural purposes; and for other purposes.

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

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

Y Amerson Anderson
Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister N Butler Y Campbell Y Casas
Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath
Heckstall Y Hembree E Henson Y Hill, C

Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce
Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin
Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal
Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson E Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

MONDAY, APRIL 7, 2003 On the passage of the Bill, the ayes were 163, nays 1. The Bill, having received the requisite constitutional majority, was passed.

1927

HB 666. By Representative Lord of the 103rd:
A BILL to amend Code Section 36-81-7 of the Official Code of Georgia Annotated, relating to requirement of audits, so as to change the amount of annual expenditures of local governments requiring annual audits; and for other purposes.

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

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

Y Amerson Anderson
Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter N Burmeister Y Butler Y Campbell Y Casas
Chambers Y Channell Y Childers Y Coan

Y Day Y Dean Y Deloach Y Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper
Harrell N Heard, J Y Heard, K N Heath

Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan N Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B N Reece, S Y Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal
Rynders Y Sailor

Y Sims Y Sinkfield Y Skipper
Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L
Walker, R.L Y Warren Y Watson E Westmoreland
White Y Wilkinson Y Willard Y Williams, A Y Williams, E

1928
Y Coleman, B Cooper
Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Heckstall Y Hembree E Henson Y Hill, C

Y McClinton Millar
N Mills Y Mitchell

N Scott Y Shaw N Sheldon Y Sholar

Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 148, nays 12. The Bill, having received the requisite constitutional majority, was passed.

HB 423. By Representatives Howell of the 92nd, Lunsford of the 85th, Post 2 and Yates of the 85th, Post 1:
A BILL to amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to the disposition of municipal property generally, so as to provide that a municipal corporation may lease municipal property for up to 20 years to a nonprofit corporation for certain purposes related to recreation; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to the disposition of municipal property generally, so as to provide that a municipal corporation may lease municipal property for up to 20 years to a nonprofit corporation for certain purposes related to recreation; to provide restrictions; to provide for insurance coverage and indemnity; to provide for the termination of any sum lease; 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 36-37-6 of the Official Code of Georgia Annotated, relating to the disposition of municipal property generally, is amended by inserting at the end thereof the following:
"(j)(1) Notwithstanding any provision of this Code section or any other law to the contrary, the governing authority of any municipal corporation is authorized to lease or enter into a contract for the operation and management, and renewals and extensions thereof, of any real or personal property comprising fairgrounds, ballfields, golf courses, swimming pools, or other like property used primarily for recreational

MONDAY, APRIL 7, 2003

1929

purposes for a period not to exceed 20 years and for a valuable consideration, to a nonprofit corporation which is qualified as exempt from taxation under the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986 that will covenant to use and operate the property for annual regional fair purposes or to continue the recreational purpose to which the property was formerly used and intended, on a nondiscriminatory basis for the use and benefit of all citizens of the community; provided, however, that nothing in this subsection shall have the affect of authorizing alienation of title to such property in derogation of rights, duties, and obligations imposed by prior deed, contract, or like document of similar import or that would cause the divesting of title to property dedicated to public use and not subsequently abandoned; and provided further, that the lessee or contractee under a management contract shall not mortgage or pledge the property as security for any debt or incur any encumbrance that could result in a lien or claim of lien against the property. As a condition of any lease or management contract, the lessee or contractee shall provide sufficient liability insurance, in an amount not less than $1 million per claim, no aggregate, naming the municipality as a named insured, shall assume sole responsibility for or incur liability for any injury to person or property caused by any act of omission of such person while on the property, and shall agree to indemnify the municipality and hold it harmless from any claim, suit, or demand made by such person. When the lessee or contractee charges any person to enter or go upon the land for the purpose of attending the annual regional fair or for attending or participating in recreational purposes, the consideration received by the municipal corporation for the lease or management contract shall not be deemed a charge withing the meaning of Article 2 of Title 51. (2) Any governing authority entering into a lease as provided in paragraph (1) of this subsection shall have the right unilaterally to terminate such lease after giving three months notice of its intention to do so. (3) Any lease entered into as provided in paragraph (1) of this subsection shall be automatically terminated upon conviction by the lessee of any offense involving the conduct of unlawful activity. In such event, any improvements to the property made by the lessee shall be forfeited."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

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JOURNAL OF THE HOUSE

N Amerson Anderson
Y Ashe N Bannister Y Barnard Y Barnes N Beasley-Teague Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas
Chambers Y Channell Y Childers N Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

N Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley
Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell N Heard, J Y Heard, K Y Heath
Heckstall Y Hembree E Henson Y Hill, C

Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox N Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton N Millar Y Mills Y Mitchell

N Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall N Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal
Rynders Y Sailor Y Scott Y Shaw N Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper
Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren
Watson E Westmoreland N White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 148, nays 14.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

HB 614. By Representative Greene of the 134th: A BILL to amend Code Section 42-5-51 of the Official Code of Georgia

MONDAY, APRIL 7, 2003

1931

Annotated, relating to jurisdiction over certain misdemeanor offenders, designation of place of confinement of inmates, reimbursement of counties, and transfer of inmates to federal authority, so as to change certain provisions relating to reimbursement rates; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to jurisdiction over certain misdemeanor offenders, designation of place of confinement of inmates, reimbursement of counties, and transfer of inmates to federal authority, so as to change certain provisions relating to reimbursement rates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to jurisdiction over certain misdemeanor offenders, designation of place of confinement of inmates, reimbursement of counties, and transfer of inmates to federal authority, is amended by striking subsection (c) and inserting in lieu thereof the following:
"(c) After proper documentation is received from the clerk of the court, the department shall have 15 days to transfer an inmate under sentence to the place of confinement. If the inmate is not transferred within the 15 days, the department will reimburse the county, in a sum not less than $7.50 $20.00 per day per inmate and in such an amount as may be appropriated for this purpose by the General Assembly established by rule or regulation of the board, for the cost of the incarceration, commencing 15 days after proper documentation is received by the department from the clerk of the court. The amount of such minimum per diem shall be increased in each fiscal year by a total amount that equals or exceeds the rate of increase in the Average Annual Consumer Price Index for All Urban Consumers for the Atlanta Metropolitan Statistical Area as published by the Bureau of Labor Statistics of the United States Department of Labor for the prior calendar year, and any increase shall be subject to appropriation of sufficient funds. The reimbursement provisions of this Code section shall only apply to payment for the incarceration of felony inmates available for transfer to the department, except inmates under death sentence awaiting transfer after their initial trial, and shall not apply to inmates who were incarcerated under the custody of the commissioner at the time they were returned to the county jail for trial on additional charges or returned to the county jail for any other purposes, including for the purpose of a new trial."

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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 Amerson Anderson
Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas
Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath
Heckstall Y Hembree E Henson Y Hill, C

Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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

substitute.

MONDAY, APRIL 7, 2003

1933

Representative Birdsong of the 104th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 304. By Representatives Purcell of the 122nd, Greene of the 134th, Powell of the 23rd, Crawford of the 91st and Lord of the 103rd:
A BILL to amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water well standards, so as to change certain provisions relating to definitions; to change certain provisions relating to powers and duties of the State Water Well Standards Advisory Council; to change certain provisions relating to licensing of water well contractors generally, applications for trainee licenses, and related violations; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water well standards, so as to change certain provisions relating to definitions; to change certain provisions relating to powers and duties of the State Water Well Standards Advisory Council; to change certain provisions relating to licensing of water well contractors generally, applications for trainee licenses, and related violations; to change certain provisions relating to suspension and revocation of licenses, hearings, reissuance of revoked licenses, injunctions, cessation of well operations, and seizure of equipment; to change certain provisions relating to expiration and renewal of licenses and replacement of lost, destroyed, or mutilated licenses; to change certain provisions relating to standards for wells and boreholes; to change certain provisions relating to authorization for the Board of Natural Resources to establish rules and regulations for pump installation certification and fees; to provide for standards for pump installations; to provide penalties for violations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated,

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relating to water well standards, is amended by striking paragraphs (13) and (32) of Code Section 12-5-122, relating to definitions, and inserting in lieu thereof the following:
"(13) 'Driller' means any person who engages in drilling or drilling operations and the installation of pumps and pumping equipment. Driller shall not include a person who only installs, services, and repairs pumps and pumping equipment." "(32) 'Water well contractor' means any person engaging in the business of constructing water wells and installing pumps and pumping equipment. Water well contractor shall not include a person who only installs, services, and repairs pumps and pumping equipment."
SECTION 2. Said part is further amended in Code Section 12-5-122, relating to definitions, by inserting a new paragraph to read as follows:
"(27.1) 'Pump contractor' means any person who engages in the business of installing, servicing, or repairing pumps and pumping equipment for water wells but who is not a driller or water well contractor."
SECTION 3. Said part is further amended by striking Code Section 12-5-124, relating to powers and duties of the State Water Well Standards Advisory Council, and inserting in lieu thereof the following:
"12-5-124. In carrying out this part, the council shall have the following powers and duties:
(1) To adopt and amend rules and regulations which may be reasonably necessary to govern the licensing of water well contractors and the regulation of proceedings before the council and to carry out such other powers and duties assigned to the council under this part. The council and all of its rules, regulations, and procedures are subject to and shall comply with the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; (2) To pay into the state treasury all fees and moneys received by it; (3) To adopt and have an official seal; (4) To set the amount of all fees required by this part; (5) To license water well contractors and certify pump contractors; (6) To review the effect and practicality of standards set up in this part and recommend to the General Assembly adjustments and changes to achieve the purposes of this part; (7) To review and recommend to the General Assembly any legislation which would improve the quality of relations between the water well drilling industry and the public; and (8) To conduct hearings and institute and prosecute court actions as may be necessary to enforce compliance with any provisions of this part and any rules and regulations promulgated pursuant to this part that relate to water wells."

MONDAY, APRIL 7, 2003

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SECTION 4. Said part is further amended by striking Code Section 12-5-127, relating to licensing of water well contractors generally, applications for trainee licenses, and related violations, and inserting in lieu thereof the following:
"12-5-127. (a) Any person desiring to engage in the business of water well construction in this state shall apply to the council for a license as a water well contractor. All such applications shall be made on forms provided by the division and shall be accompanied by a fee to be prescribed by the council but not exceeding $400.00 per license period. (b) An applicant for a license as a water well contractor shall be required to have two years experience working in the water well construction business under a licensed water well contractor and shall be required to pass an examination administered by the council. The examination may be written, oral, or practical work, or any combination of the three. The examination shall relate to the applicants knowledge of basic ground water, basic well construction, and the general contents of this part. (c) Satisfactory proof of two years experience in the water well construction business shall be made by presenting certified affidavits from one or more licensed water well contractors that the applicant has had at least two years of full-time water well construction experience. If the required experience was obtained under two or more licensed water well contractors, then a certified affidavit specifying exact dates of such experience shall be required from each licensed contractor. In lieu of the method described above, an applicant may present other proof satisfactory to the council of two years experience constructing water wells. The council may require the applicant and the water well contractors who swear to such affidavits to appear before the council to discuss the applicants qualifications.
(d)(1) Any person wishing to engage in the water well construction business shall designate himself or herself or at least one partner, officer, or full-time employee to fulfill the above requirements. If the requirements are satisfactorily fulfilled, the person shall be granted a license under this part, and such license shall cover water well construction activities for which the person is responsible and so licensed. The partners, officers, and employees of the person shall be allowed to engage in the activities covered by the license if the individual who fulfilled the licensing requirements has performed or approved such activities and such approval is posted at the site of the activity on forms to be provided by the council for that purpose. Any such license shall be valid so long as the designated partner, officer, or full-time employee is associated with the licensee or until it otherwise expires. (2) The provisions of paragraph (1) of this subsection notwithstanding, the water well construction activities of the partners, officers, and employees of the individual who fulfilled the licensing requirements shall continue to be authorized under a license which was valid at the time of the licensees death for a period of 180 days following the date of such death. (e) The council, upon application, may issue an appropriate license to any person who holds a similar license in any state, territory, or possession of the United States, if the

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requirements for the license do not conflict with this part and are of a standard not less than that specified by this part and by rules and regulations promulgated under this part; provided, however, that such other state, territory, or possession grants similar reciprocity to license holders in this state. (f) Nothing in this Code section shall be construed to require the registration of a person who constructs a well on his or her own or leased property intended for use only in a single-family house which is his or her permanent residence or intended for use only for farming purposes on his or her farm, which well produces less than 25,000 gallons per day, so long as the waters to be produced are not intended for use by the public or in any residence other than his or her own. (g) The State of Georgia preempts the field of licensing water well contractors. Licenses issued by the council shall authorize bona fide holders thereof to engage in the business authorized by such licenses anywhere within the territorial limits of the state. No provision of this part shall be construed as prohibiting or preventing a municipality or county from fixing, charging, assessing, or collecting any business license fee, registration fee, tax, or gross receipt tax on any profession covered by this part or upon any related profession or anyone engaged in any related profession governed by this part.
(h)(1) Beginning July 1, 1995, the The council shall be authorized to require persons seeking renewal of licenses under this Code section to complete continuing education of not more than four hours annually. The council may provide courses and shall approve such courses offered by the division, institutions of higher learning, technical colleges, and trade, technical, or professional organizations; provided, however, that continuing education courses or programs related to water well construction or standards provided or conducted by public utilities, equipment manufacturers, or institutions under the State Board of Technical and Adult Education shall constitute acceptable continuing professional education programs for the purposes of this subsection. Continuing education courses or programs shall be in the areas of safety, environmental protection, ground-water geology, technological advances, business management, or government regulation. Continuing education courses shall be designed for water well contractors having variable educational backgrounds. Courses or programs conducted by manufacturers specifically to promote their products shall not be approved. (2) All provisions of this subsection relating to continuing professional education shall be administered by the council. (3) The council shall be authorized to waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the council deems appropriate. (4) This Code section shall apply to each licensing and renewal cycle which begins after the 1993-1994 renewal. (i) No license shall be granted unless the council specifically authorizes the granting of such license. Staff members of the council may not issue licenses without the specific authorization of the council.

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(j) Any person who violates the provisions of this Code section with regard to licensing shall not be eligible to apply for or receive a license under this Code section for a period of two years after being convicted of such violation."
SECTION 5. Said part is further amended by striking subsection (a) of Code Section 12-5-129, relating to suspension and revocation of licenses, hearings, reissuance of revoked licenses, injunctions, cessation of well operations, and seizure of equipment, and inserting in lieu thereof the following:
"(a) The council shall may suspend or revoke a license upon a finding of one or more of the following grounds:
(1) Material misstatement in the application for license; (2) Willful disregard or violation of Code Section 12-5-133 or any law of the State of Georgia relating to wells, including any violation of standards or rules adopted pursuant to this part; (3) Willfully aiding or abetting another in the violation of Code Section 12-5-133 or any law of the State of Georgia relating to wells; (4) Incompetency in the performance of the work of a water well contractor; (5) Making substantial misrepresentations or false promises in connection with the occupation of a water well contractor; (6) Failure to provide and maintain on file at all times with the director a performance bond or irrevocable letter of credit as required by Code Section 12-5-135; and (7) Allowing an unlicensed driller to use or to work under such licensees license in any way. However, this paragraph shall not apply to any employee of a licensed driller who receives only a salary or hourly wage or a bona fide business partner."
SECTION 6. Said part is further amended by striking Code Section 12-5-130, relating to expiration and renewal of licenses and replacement of lost, destroyed, or mutilated licenses, and inserting in lieu thereof the following:
"12-5-130. All licenses expire biennially. All applications for renewal shall be filed with the division prior to the expiration date, accompanied by a renewal fee not exceeding $400.00 per renewal period as prescribed by the division. A license which has expired for failure to renew may be restored only after application and payment of the prescribed restoration fee. A new license to replace any license lost, destroyed, or mutilated may be issued, subject to the rules of the council and payment of a fee set by the council."
SECTION 7. Said part is further amended by striking subparagraph (1)(L) of Code Section 12-5-134, relating to standards for wells and boreholes, and inserting in lieu thereof the following:
"(L) The drilling contractor shall maintain in his or her office and shall furnish the

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owner a copy of the well construction data within 30 days of the well completion. The data shall include: name of the owner of the well, location of the well, size of pump installed if pump is installed by the drilling contractor, total depth of well, borehole diameter, casing depth, size and type of casing material, grouting information, static water level, pumping water level and yield if test pumped, confirmation of well disinfection and description of method used for disinfection, dates of well construction, name and address and state certificate number of pump installer if the contractor does not install the pump, name and address of contractor, and water well contractors license number. Any estimate of gallons per minute of water that the well is expected to produce shall not be considered under any circumstances to be a guarantee of the quantity of the water produced by the well. The failure of any water well contractor to provide any of such written information shall not subject such contractor to any applicable penalty by the council;"
SECTION 8. Said part is further amended by striking Code Section 12-5-138, relating to authorization for the Board of Natural Resources to establish rules and regulations for pump installation certification and fees, and inserting in lieu thereof the following:
"12-5-138. (a)(1)(A) The Board of Natural Resources council is authorized and directed to establish rules and regulations to provide for the certification of persons pump contractors who install, service, and repair pumps on or in water wells regulated under the provisions of subsection (b) of Code Section 12-5-133 this part and to provide standards for installation of such pumps in order to protect public health and safety. The council shall provide for classes of certificates which distinguish the levels of competencies of certificants to perform various tasks associated with such services. The Board of Natural Resources council is authorized to establish fees and the director is authorized to charge such fees for such certification and the annual renewal thereof; provided, however, that the fee for the pump installer contractor shall not exceed the fee for the licensed water well contractor. The director may require any person to meet certain qualifications in order to be eligible for certification as a pump installer contractor. The director may provide that persons who can document that they have been in the business of installing, servicing, and repairing pumps and pumping equipment prior to July 1, 2001 December 31, 2003, may be granted a certification by paying the appropriate fees but without any requirement to pass any type of test. (B) Any person wishing to engage in the business of a pump contractor shall designate himself or herself or at least one partner, officer, or full-time employee to fulfill the above certification requirements. If the requirements are satisfactorily fulfilled, the person shall be granted a certification under this Code section, and such certification shall cover pump contracting activities for which the person is responsible and so certified. The partners, officers, and employees of the person shall be allowed to engage in the activities covered by the certification if the

MONDAY, APRIL 7, 2003

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individual who fulfilled the certification requirements has performed or approved such activities and such approval is posted at the site of the activity on forms to be provided by the council for that purpose. Any such certification shall be valid so long as the designated partner, officer, or full-time employee is associated with the certificant or until the certificate otherwise expires. (2) The provisions of paragraph (1) of this subsection notwithstanding, the pump contracting activities of the partners, officers, and employees of the individual who fulfilled the certification requirements shall continue to be authorized under a certificate which was valid at the time of the certificants death for a period of 180 days following the date of such death. (3) The provisions of this subsection shall not prohibit a person licensed as an electrical contractor, master plumber, or journeyman plumber under Chapter 14 of Title 43 from engaging in any business activities or practices within the scope of such license without being certified as a pump contractor. (b) Any person who installs any pump on or in a water well in violation of any installation standards adopted by the council pursuant to subparagraph (a)(1)(A) of this Code section which violation causes or has the potential for causing contamination of ground water shall be subject to civil penalties as provided in Code Section 12-5133.1."
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Barnard of the 121st, Post 1 et al. move to amend the Committee substitute to HB 304 by inserting after "boreholes;" on line 10 of page 1 the following:
"to change certain provisions relating to requirement of bond or letter of credit;".
By redesignating Sections 8 and 9 as Sections 9 and 10, respectively.
By inserting after Section 7 the following:
"SECTION 8. Said part is further amended by striking subsection (i) of Code Section 12-5-135, relating to requirement of bond or letter of credit, 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

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Code Section 12-5-327 after July 1, 1999, and before December 31, 2002 after the effective date of this subsection and before December 31, 2009.'".

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 Amerson Anderson
Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson
Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree E Henson Y Hill, C

Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee
McCall Y McClinton Y Millar Y Mills
Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter
Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch.
Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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1941

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

HB 798. By Representatives Morris of the 120th, Lane of the 101st, Barnard of the 121st, Post 1 and Oliver of the 121st, Post 2:
A BILL to amend Article 6 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, the "Vidalia Onion Act of 1986," so as to change certain provisions relating to definitions; to change certain provisions relating to rules and regulations and enforcement of said article; to change certain provisions relating to marketing season opening date; and for other purposes.

The report of the Committee, which was favorable to the 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 Amerson Anderson
Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell

Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey

Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch.

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson

1942
Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree E Henson Y Hill, C

Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 170, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 291. By Representative Ashe of the 42nd, Post 2:
A BILL to amend Code Section 50-5-67 of the Official Code of Georgia Annotated, relating to competitive bidding procedures with respect to the Department of Administrative Services, so as to provide that certain powers of the commissioner of administrative services shall not terminate; and for other purposes.

The report of the Committee, which was favorable to the 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 Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D

Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell
Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas

Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet
Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs

Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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Y Graves, T Y Greene Y Greene-Johnson
Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree E Henson Y Hill, C

Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall
McClinton Y Millar Y Mills Y Mitchell

Y Reece, S Y Rice
Richardson Y Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

1943
Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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

Due to a mechanical malfunction, the vote of Representative Teper of the 42nd, Post 1 was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 324. By Representatives McBee of the 74th, Buck of the 112th, Skipper of the 116th, Parrish of the 102nd and Thompson of the 69th, Post 1:
A BILL to amend Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State, so as to create the International Affairs Coordinating Council; to define a certain term; to provide for membership; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State, so as to create the International Affairs Coordinating Council; to define a certain term; to provide for membership; to provide for duties; to provide for meetings; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State, is amended by inserting at the end thereof the following:
"ARTICLE 6
45-13-100. As used in this article, the term 'council' means the International Affairs Coordinating Council.
45-13-101. There is created within the office of the Secretary of State the International Affairs Coordinating Council.
45-13-102. (a) The council shall be composed of:
(1) The following officers, ex officio, or their designees: the commissioner of industry, trade, and tourism, the Commissioner of Agriculture, the chancellor of the Board of Regents of the University System of Georgia, the commissioner of community health, the commissioner of the Governors Office of Human Relations, the commissioner of human resources, the commissioner of motor vehicle safety, the commissioner of public safety, the director of the Georgia Bureau of Investigation, the chairperson of the Supreme Court Commission on Equality, the Commissioner of Labor, the commissioner of revenue, the Secretary of State, the State School Superintendent, the chairperson of the Prosecuting Attorneys Council of Georgia, the executive director of the Georgia Ports Authority, the executive director of the Georgia Council for the Arts, the mayor of the City of Atlanta, and the general manager of Hartsfield International Airport; and (2) Two persons appointed by the Governor, one of whom shall be a county commissioner and one of whom shall be a member of a city council, each from an area of the state having a significant immigrant population. Such persons shall serve terms of four years; provided, however, that the office shall be deemed vacated if any person ceases to hold the elective or appointive office which qualified him or her for the appointment. (b) The Secretary of State shall be the chairperson of the council. The council shall elect such other officers as it deems necessary.
45-13-103. The duties of the council shall be to:
(1) Coordinate and clarify the international responsibilities of the agencies, offices, and governments represented by the council membership; and

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(2) Subject to appropriations by the General Assembly, develop publications and forms of communication to promote the international reputation of the state; (3) Establish a means of ensuring that the general public knows where it may obtain services and information relating to international matters; and (4) Issue a report to the Governor and the presiding officer of each chamber of the General Assembly not later than December 31 of each year recommending measures calculated to sustain a coordinated international strategy and reporting on matters necessary to the mission of the council.
45-13-104. The council shall meet upon the call of the chairperson but not less often than quarterly. The members of the council shall serve without compensation or reimbursement of expenses from the council.
45-12-105. The council is authorized to accept and use such gifts, grants, and donations as may be available for the purpose of carrying out the purposes of this article."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley N Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin

Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan N Joyce Y Keen N Knox Y Lane

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A

1946
Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas N Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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Y Gardner Y Golick Y Graves, D N Graves, T Y Greene Y Greene-Johnson
Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree E Henson Y Hill, C

Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton
Millar Y Mills Y Mitchell

Y Randall Y Ray E Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland N White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 163, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 628. By Representatives Hugley of the 113th, Gardner of the 42nd, Post 3, Childers of the 13th, Post 1, Hill of the 81st and Orrock of the 51st:
A BILL to amend Chapter 1A of Title 43 of the Official Code of Georgia Annotated, relating to occupational regulation legislation review, so as to change the provisions relating to occupational regulation legislation review; to provide for evaluation of businesses and professions; to change the composition of the Georgia Occupational Regulation Review Council; to change the provisions relating to referral of a bill to the council; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL
To amend Chapter 1A of Title 43 of the Official Code of Georgia Annotated, relating to occupational regulation legislation review, so as to change the provisions relating to occupational regulation legislation review; to provide for evaluation of businesses and professions; to change the composition of the Georgia Occupational Regulation Review Council; to change the provisions relating to referral of a bill to the council; to change the

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provisions relating to review of legislation and appropriate reports; to provide for the councils authority to request information; to remove the requirements designating the circumstances in which regulation should be implemented; 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 1A of Title 43 of the Official Code of Georgia Annotated, relating to occupational regulation legislation review, is amended by striking said chapter and inserting in its place the following:
"CHAPTER 1A
43-1A-1. This chapter shall be known and may be cited as the 'Georgia Occupational Regulation Review Law.'
43-1A-2. The General Assembly finds that the need for and the effectiveness of establishing occupational licensure and certification in this state has not been systematically evaluated. It is the purpose of this chapter to ensure that no programs of licensure and certification shall hereafter be imposed upon any profession or business unless required for the safety and well-being of the citizens of the state to provide for a systematic evaluation of businesses and professions not previously regulated by law in this state.
43-1A-3. As used in this chapter, the term:
(1) 'Applicant group' means any business or professional group or organization, any individual, or any other interested party which proposes that any business or professional group not presently regulated be regulated by the state. (2) 'Certificate' or 'certification' means a voluntary process by which a statutory regulatory entity grants recognition to an individual who has met certain prerequisite qualifications specified by that regulatory entity and who may assume or use 'certified' in the title or designation to perform prescribed occupational tasks. (3) 'Council' means the Georgia Occupational Regulation Review Council. (4) 'Grandfather clause' means a provision in a regulatory statute applicable to individuals engaged in the regulated business or profession prior to the effective date of the regulatory statute which exempts the individuals from meeting prerequisite qualifications set forth in the regulatory statute to perform prescribed occupational tasks. (5)(4) 'Legislative committee of reference' means the standing legislative committee designated by the Speaker of the House of Representatives or the President of the

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Senate to consider proposed legislation introduced in their respective houses of the General Assembly to regulate any business or occupation not previously regulated. (6)(5) 'License,' 'licensing,' or 'licensure' means authorization to engage in a business or profession which would otherwise be unlawful in the state in the absence of authorization. A license is granted to those individuals who meet prerequisite qualifications to perform prescribed business or professional tasks, who use a particular title, or who perform those tasks and use a particular title. (7)(6) 'Regulate' or 'regulation' means the process of licensure or certification as defined in this Code section. (8) 'Regulatory entity' means any state agency which regulates one or more professions, occupations, industries, businesses, or other endeavors in this state. (9) 'State agency' means each state board, bureau, commission, department, division, office, or other separate unit of state government created or established by law.
43-1A-4. (a) There is created the Georgia Occupational Regulation Review Council. (b) The council shall consist of ten at least 13 members:
(1) The Comptroller General Commissioner of Insurance or his or her designee; (2) The Secretary of State or his or her designee; (3) The commissioner of human resources or his or her designee; (4) The director of the Office of Planning and Budget or his or her designee; (5) The commissioner of natural resources or his or her designee; (6) The state revenue commissioner or his or her designee; (7) The Commissioner of Agriculture or his or her designee; (8) The administrator of the 'Fair Business Practices Act of 1975' or his or her designee; (9) The commissioner of community health or his or her designee; (9)(10) The chairperson of the legislative committee of reference or that persons designee from that committee, but only when legislation referred by such committee is being considered by the council; and (10) The chairperson of that standing committee of the General Assembly appointed by the presiding officer thereof pursuant to subsection (b) of Code Section 43-1A-5 or that chairpersons designee from that committee, but only when legislation of which that presiding officer was notified under subsection (b) of Code Section 43-1A-5 is being considered by the council. (11) Two members of the House of Representatives to be appointed by the presiding officer of the House of Representatives and two members of the Senate to be appointed by the presiding officer of the Senate. (c) The director of the Office of Planning and Budget or his or her designee shall serve as chairperson of the council. (d) Legislative members of the council appointed thereto pursuant to paragraphs (9) and (10) and (11) of subsection (b) of this Code section shall receive for their attendance of meetings of the council the same expense and mileage allowance

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authorized for legislative members of interim legislative committees.
43-1A-5. (a) The chairperson of the legislative committee of reference may refer a bill to license or certify a profession or business to the council, but is not required to do so. It shall be the duty of the council to review all bills introduced in referred by the General Assembly to license or certify a profession or business, which is not currently licensed or certified by the state, based on the criteria outlined in Code Section 43-1A-6. (b) If a bill is referred to the council, the The chairperson of the legislative committee of reference shall provide written notification to the council of any proposed legislation introduced in that house of the General Assembly of which that committee is a standing committee if that legislation provides for the licensure or certification of a business or profession not currently licensed or certified by the state. That chairperson at the same time shall provide written notification of that legislation to the presiding officer of the house of the General Assembly in which that legislation was not introduced, and that presiding officer shall then appoint the chairperson of a standing committee of that house to serve as a member of the council for the purpose of considering that legislation, except that the chairperson so appointed may instead designate another member of that standing committee to serve as a member of the council for that purpose. Within a period of time not to exceed nine months from the date of such notification to the council, but in no event later than the convening date of the next succeeding regular session of the General Assembly, the council shall provide a formal report evaluating conduct an evaluation of the need to regulate the business or profession based on the factors and information provided under Code Section 43-1A-7 and shall make a formal report outlining appropriate action based on such evaluation to the chairperson of the legislative committee of reference, the committee chairperson appointed to the council pursuant to paragraph (10) of subsection (b) of Code Section 43-1A-4, the presiding officers of the House of Representatives and the Senate, and the legislative counsel. If the council determines a need for regulation, the report shall recommend an appropriate type of regulation and an appropriate state agency to oversee the regulation. (c) The council shall work with the applicant group, the legislative committee of reference, and other interested parties in formulating its formal report.
43-1A-6. All bills introduced in the General Assembly to newly regulate a profession or business should be reviewed according to the following criteria. In evaluating whether a profession or business shall hereafter be regulated, the following factors shall be considered Legislation referred to the council shall be reviewed based on certain factors, including but not limited to:
(1) Whether the unregulated practice of an occupation may an unregulated business or profession poses a potential economic, physical, or other type of harm or endanger to the health, safety, and welfare of citizens of the state and whether the potential for

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harm is recognizable and not remote; (2) Whether the practice of an occupation business or profession requires specialized skill or training and whether the public needs and will benefit by assurances of initial and continuing occupational ability; (3) Whether the citizens of this state are or may be effectively protected by other means; and there is a benefit accruing to the public to have such a business or profession demonstrate initial or continuing occupational ability; (4) Whether there are means other than regulation to protect the interests of the citizens of the state; (5) Whether the regulation of the business or profession would have a positive impact on the lives of the citizens of the state; and (4)(6) Whether the overall cost effectiveness and economic impact would be positive for citizens of the state.
43-1A-7. After July 1, 1986, applicant groups and other interested parties shall explain in writing each of the following factors to the extent requested by the council and the legislative committee of reference The council has the authority to request the following information as it deems necessary to assist in its evaluation of the subject legislation:
(1) A definition of the problem and why The reasons why regulation is necessary: (A) The nature of the potential harm to the public if the business or profession is not regulated, and the extent to which there is a threat to public health and safety; and (B) The extent to which consumers need and will benefit from a method of regulation identifying competent individuals engaged in the business or profession;
(2) The efforts made to address the problem: (A) Voluntary efforts, if any, by members of the business or profession to establish a code of ethics or help resolve disputes between the business or professional group and consumers; and (B) Recourse to and the extent of use of applicable law and whether it could be strengthened to control the problem A description of the group proposed for regulation, including a list of associations, organizations, and other groups representing the business or profession in this state, an estimate of the number of individuals in each group, and whether the group represents different levels of business or professional activity;
(3) The Information demonstrating that alternatives to regulation have been considered:;
(A) Regulation of business or professional employers rather than employees; (B) Regulation of the program or service rather than the individuals; (C) Registration of all individuals; (D) Certification of all individuals; (E) Other alternatives; (F) Why the use of the alternatives specified in this paragraph would not be

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adequate to protect the public interest; and (G) Why licensure would serve to protect the public interest; (4) The benefit to the public if regulation is granted: (A) The extent to which the incidence of specific problems present in the unregulated business or profession can reasonably be expected to be reduced by regulation; (B) Whether the public can identify qualified individuals; (C) The extent to which the public can be confident that regulated individuals are competent:
(i) Whether the proposed regulatory entity would be a board composed of members of the profession and public members, or a state agency, or both and, if appropriate, their respective responsibilities in administering the system of certification or licensure, including the composition of the board; the powers and duties of the board or state agency regarding examinations, investigations, and the disciplining of certified or licensed individuals; the promulgation of rules and a code of ethics; and how fees would be levied and collected to cover the expenses of administering and operating the regulatory system; (ii) If there is a grandfather clause, whether such individuals will be required to meet the prerequisite qualifications established by the regulatory entity at a later date; (iii) The nature of the standards proposed for certification or licensure as compared with the standards of other jurisdictions; (iv) Whether the regulatory entity would be authorized to enter into reciprocity agreements with other jurisdictions; and (v) The nature and duration of any training and whether applicants will be required to pass an examination; and, if an examination is required, by whom it will be developed and how the cost of development will be met; and (D) Assurance to the public that regulated individuals have maintained their competence: (i) Whether the certification or license will carry an expiration date; and (ii) Whether renewal will be based only upon payment of a fee or whether renewal will involve reexamination, satisfactory completion of continuing education, peer review, or other enforcement; (5) The extent to which regulation might harm the public: (A) The extent to which regulation might restrict entry into the business or profession and whether the proposed standards are more restrictive than necessary to ensure safe and effective performance; and (B) Whether there are similar professions to that of the applicant group which should be included in, or portions of the applicant group which should be excluded from, the proposed legislation; (6) A description of the group proposed for regulation, including a list of associations, organizations, and other groups representing the business or profession in this state, an estimate of the number of individuals in each group, and whether the

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groups represent different levels of business or professional activity; (7) The expected cost of regulation:
(A) The impact regulation might have on the costs of service to the public; (B) The impact regulation might have on various types of insurance; and (C) The initial and long-term cost to the state and to the general public of implementing the proposed legislation; and (4) Information as to how the business or profession is regulated in other states. If the business or profession is regulated by more than half of the states, this shall be evidence that the business or profession poses a potential economic, physical, or other type of harm to the health, safety, and welfare of the citizens of the state; and (8)(5) Any additional information requested by the council or the legislative committee of reference.
43-1A-8. After evaluating the report of the council and any other desired information based on the criteria outlined in Code Section 43-1A-6 and considering governmental and societal costs and benefits, if the General Assembly finds that it is necessary to regulate a business or profession not previously regulated by law, the most appropriate alternative method of regulation should be implemented, consistent with the public interest and this Code section:
(1) Where the consumer may have a substantial basis for relying on the services of a profession or business, a system of certification should be implemented; (2) Where apparent that adequate regulation cannot be achieved by means other than licensing, a system of licensing should be implemented; or (3) Where regulation as defined in this chapter is deemed too restrictive and unnecessary to protect the public health and welfare, a less restrictive means of ensuring public protection, including but not limited to stricter civil action or criminal penalties, inspection requirements, or a system of registration, may be considered.
43-1A-9. Nothing in this chapter shall be construed to limit the authority of the General Assembly to legislate as authorized by the Constitution."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Powell of the 23rd, Boggs of the 145th, and Hugley of the 113th, was read and adopted:

A BILL To amend Chapter 1A of Title 43 of the Official Code of Georgia Annotated, relating to

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occupational regulation legislation review, so as to change the provisions relating to occupational regulation legislation review; to provide for evaluation of businesses and professions; to change the composition of the Georgia Occupational Regulation Review Council; to change the provisions relating to referral of a bill to the council; to change the provisions relating to review of legislation and appropriate reports; to provide for the councils authority to request information; to remove the requirements designating the circumstances in which regulation should be implemented; 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 1A of Title 43 of the Official Code of Georgia Annotated, relating to occupational regulation legislation review, is amended by striking said chapter and inserting in its place the following:
"CHAPTER 1A
43-1A-1. This chapter shall be known and may be cited as the 'Georgia Occupational Regulation Review Law.'
43-1A-2. The General Assembly finds that the need for and the effectiveness of establishing occupational licensure and certification in this state has not been systematically evaluated. It is the purpose of this chapter to ensure that no programs of licensure and certification shall hereafter be imposed upon any profession or business unless required for the safety and well-being of the citizens of the state to provide for a systematic evaluation of businesses and professions not previously regulated by law in this state.
43-1A-3. As used in this chapter, the term:
(1) 'Applicant group' means any business or professional group or organization, any individual, or any other interested party which proposes that any business or professional group not presently regulated be regulated by the state. (2) 'Certificate' or 'certification' means a voluntary process by which a statutory regulatory entity grants recognition to an individual who has met certain prerequisite qualifications specified by that regulatory entity and who may assume or use 'certified' in the title or designation to perform prescribed occupational tasks. (3) 'Council' means the Georgia Occupational Regulation Review Council. (4) 'Grandfather clause' means a provision in a regulatory statute applicable to individuals engaged in the regulated business or profession prior to the effective date of the regulatory statute which exempts the individuals from meeting prerequisite

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qualifications set forth in the regulatory statute to perform prescribed occupational tasks. (4) 'Healthcare professional' means any individual who practices or operates in the healthcare field in the state of Georgia and who is not otherwise licensed or certified to do so by the state. (5) 'Legislative committee of reference' means the standing legislative committee designated by the Speaker of the House of Representatives or the President of the Senate to consider proposed legislation introduced in their respective houses of the General Assembly to regulate any business or occupation not previously regulated. (6) 'License,' 'licensing,' or 'licensure' means authorization to engage in a business or profession which would otherwise be unlawful in the state in the absence of authorization. A license is granted to those individuals who meet prerequisite qualifications to perform prescribed business or professional tasks, who use a particular title, or who perform those tasks and use a particular title. (7) 'Regulate' or 'regulation' means the process of licensure or certification as defined in this Code section. (8) 'Regulatory entity' means any state agency which regulates one or more professions, occupations, industries, businesses, or other endeavors in this state. (9) 'State agency' means each state board, bureau, commission, department, division, office, or other separate unit of state government created or established by law.
43-1A-4. (a) There is created the Georgia Occupational Regulation Review Council. (b) The council shall consist of ten at least 13 members:
(1) The Comptroller General Commissioner of Insurance or his or her designee; (2) The Secretary of State or his or her designee; (3) The commissioner of human resources or his or her designee; (4) The director of the Office of Planning and Budget or his or her designee; (5) The commissioner of natural resources or his or her designee; (6) The state revenue commissioner or his or her designee; (7) The Commissioner of Agriculture or his or her designee; (8) The administrator of the 'Fair Business Practices Act of 1975' or his or her designee; (9) The commissioner of community health or his or her designee; (9)(10) The chairperson of the legislative committee of reference or that persons designee from that committee, but only when legislation referred by such committee is being considered by the council; and (10) The chairperson of that standing committee of the General Assembly appointed by the presiding officer thereof pursuant to subsection (b) of Code Section 43-1A-5 or that chairpersons designee from that committee, but only when legislation of which that presiding officer was notified under subsection (b) of Code Section 43-1A-5 is being considered by the council. (11) Two members of the House of Representatives to be appointed by the presiding

MONDAY, APRIL 7, 2003

1955

officer of the House of Representatives and two members of the Senate to be appointed by the presiding officer of the Senate. (c) The director of the Office of Planning and Budget or his or her designee shall serve as chairperson of the council. (d) Legislative members of the council appointed thereto pursuant to paragraphs (9) and (10) and (11) of subsection (b) of this Code section shall receive for their attendance of meetings of the council the same expense and mileage allowance authorized for legislative members of interim legislative committees. (e) When a bill is referred to the council, the director of the Office of Planning and Budget or his or her designee shall designate a panel of five nonlegislative members and two legislative members to review the bill.
43-1A-5. (a) The chairperson of the legislative committee of reference may refer a bill to license or certify a profession or business to the council, but is not required to do so. Notwithstanding the foregoing, when a bill relates to the licensing or certification of a healthcare professional the chairperson of the legislative committee shall refer the bill to the council. It shall be the duty of the council to review all bills introduced in referred by the General Assembly to license or certify a profession or business, which is not currently licensed or certified by the state, based on the criteria outlined in Code Section 43-1A-6. (b) If a bill is referred to the council, the The chairperson of the legislative committee of reference shall provide written notification to the council of any proposed legislation introduced in that house of the General Assembly of which that committee is a standing committee if that legislation provides for the licensure or certification of a business or profession not currently licensed or certified by the state. That chairperson at the same time shall provide written notification of that legislation to the presiding officer of the house of the General Assembly in which that legislation was not introduced, and that presiding officer shall then appoint the chairperson of a standing committee of that house to serve as a member of the council for the purpose of considering that legislation, except that the chairperson so appointed may instead designate another member of that standing committee to serve as a member of the council for that purpose. Within a period of time not to exceed nine months from the date of such notification to the council, but in no event later than the convening date of the next succeeding regular session of the General Assembly, the council shall provide a formal report evaluating conduct an evaluation of the need to regulate the business or profession based on the factors and information provided under Code Section 43-1A-7 and shall make a formal report outlining appropriate action based on such evaluation to the chairperson of the legislative committee of reference, the committee chairperson appointed to the council pursuant to paragraph (10) of subsection (b) of Code Section 43-1A-4, the presiding officers of the House of Representatives and the Senate, and the legislative counsel. If the council determines a need for regulation, the report shall recommend an appropriate type of regulation and an appropriate state agency to oversee

1956

JOURNAL OF THE HOUSE

the regulation. (c) The council shall work with the applicant group, the legislative committee of reference, and other interested parties in formulating its formal report.
43-1A-6. All bills introduced in the General Assembly to newly regulate a profession or business should be reviewed according to the following criteria. In evaluating whether a profession or business shall hereafter be regulated, the following factors shall be considered Legislation referred to the council shall be reviewed based on certain factors, including but not limited to the following:
(1) Whether the unregulated practice of an occupation may an unregulated business or profession poses a potential economic, physical, or other type of harm or endanger to the health, safety, and welfare of citizens of the state and whether the potential for harm is recognizable and not remote; (2) Whether the practice of an occupation business or profession requires specialized skill or training and whether the public needs and will benefit by assurances of initial and continuing occupational ability; (3) Whether the citizens of this state are or may be effectively protected by other means; and there is a benefit accruing to the public to have such a business or profession demonstrate initial or continuing occupational ability; (4) Whether there are means other than regulation to protect the interests of the citizens of the state; (5) Whether the regulation of the business or profession would have a positive impact on the lives of the citizens of the state; and (4)(6) Whether the overall cost effectiveness and economic impact would be positive for citizens of the state.
43-1A-7. After July 1, 1986, applicant groups and other interested parties shall explain in writing each of the following factors to the extent requested by the council and the legislative committee of reference The council has the authority to request information as it deems necessary to assist in its evaluation of the subject legislation, including, but not limited to, the following:
(1) A definition of the problem and why The reasons why regulation is necessary: (A) The nature of the potential harm to the public if the business or profession is not regulated, and the extent to which there is a threat to public health and safety; and (B) The extent to which consumers need and will benefit from a method of regulation identifying competent individuals engaged in the business or profession;
(2) The efforts made to address the problem: (A) Voluntary efforts, if any, by members of the business or profession to establish a code of ethics or help resolve disputes between the business or professional group and consumers; and

MONDAY, APRIL 7, 2003

1957

(B) Recourse to and the extent of use of applicable law and whether it could be strengthened to control the problem A description of the group proposed for regulation, including a list of associations, organizations, and other groups representing the business or profession in this state, an estimate of the number of individuals in each group, and whether the group represents different levels of business or professional activity; (3) The Information demonstrating that alternatives to regulation have been considered:; (A) Regulation of business or professional employers rather than employees; (B) Regulation of the program or service rather than the individuals; (C) Registration of all individuals; (D) Certification of all individuals; (E) Other alternatives; (F) Why the use of the alternatives specified in this paragraph would not be adequate to protect the public interest; and (G) Why licensure would serve to protect the public interest; (4) The benefit to the public if regulation is granted: (A) The extent to which the incidence of specific problems present in the unregulated business or profession can reasonably be expected to be reduced by regulation; (B) Whether the public can identify qualified individuals; (C) The extent to which the public can be confident that regulated individuals are competent:
(i) Whether the proposed regulatory entity would be a board composed of members of the profession and public members, or a state agency, or both and, if appropriate, their respective responsibilities in administering the system of certification or licensure, including the composition of the board; the powers and duties of the board or state agency regarding examinations, investigations, and the disciplining of certified or licensed individuals; the promulgation of rules and a code of ethics; and how fees would be levied and collected to cover the expenses of administering and operating the regulatory system; (ii) If there is a grandfather clause, whether such individuals will be required to meet the prerequisite qualifications established by the regulatory entity at a later date; (iii) The nature of the standards proposed for certification or licensure as compared with the standards of other jurisdictions; (iv) Whether the regulatory entity would be authorized to enter into reciprocity agreements with other jurisdictions; and (v) The nature and duration of any training and whether applicants will be required to pass an examination; and, if an examination is required, by whom it will be developed and how the cost of development will be met; and (D) Assurance to the public that regulated individuals have maintained their competence:

1958

JOURNAL OF THE HOUSE

(i) Whether the certification or license will carry an expiration date; and (ii) Whether renewal will be based only upon payment of a fee or whether renewal will involve reexamination, satisfactory completion of continuing education, peer review, or other enforcement; (5) The extent to which regulation might harm the public: (A) The extent to which regulation might restrict entry into the business or profession and whether the proposed standards are more restrictive than necessary to ensure safe and effective performance; and (B) Whether there are similar professions to that of the applicant group which should be included in, or portions of the applicant group which should be excluded from, the proposed legislation; (6) A description of the group proposed for regulation, including a list of associations, organizations, and other groups representing the business or profession in this state, an estimate of the number of individuals in each group, and whether the groups represent different levels of business or professional activity; (7) The expected cost of regulation: (A) The impact regulation might have on the costs of service to the public; (B) The impact regulation might have on various types of insurance; and (C) The initial and long-term cost to the state and to the general public of implementing the proposed legislation; and (4) Information as to how the business or profession is regulated in other states. If the business or profession is regulated by more than half of the states, this shall be considered as a factor in determining that the business or profession poses a potential economic, physical, or other type of harm to the health, safety, and welfare of the citizens of the state; and (8)(5) Any additional information requested by the council or the legislative committee of reference.
43-1A-8. After evaluating the report of the council and any other desired information based on the criteria outlined in Code Section 43-1A-6 and considering governmental and societal costs and benefits, if the General Assembly finds that it is necessary to regulate a business or profession not previously regulated by law, the most appropriate alternative method of regulation should be implemented, consistent with the public interest and this Code section:
(1) Where the consumer may have a substantial basis for relying on the services of a profession or business, a system of certification should be implemented; (2) Where apparent that adequate regulation cannot be achieved by means other than licensing, a system of licensing should be implemented; or (3) Where regulation as defined in this chapter is deemed too restrictive and unnecessary to protect the public health and welfare, a less restrictive means of ensuring public protection, including but not limited to stricter civil action or criminal penalties, inspection requirements, or a system of registration, may be considered.

MONDAY, APRIL 7, 2003

1959

43-1A-9. Nothing in this chapter shall be construed to limit the authority of the General Assembly to legislate as authorized by the Constitution."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux
Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson
Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner
Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree E Henson Y Hill, C

Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley
Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner
Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M
Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

1960

JOURNAL OF THE HOUSE

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

The following Bill of the House, having been postponed from Friday, March 28, 2003, was taken up for consideration and read the third time:
HB 619. By Representatives Harbin of the 80th and Maddox of the 59th, Post 2:
A BILL to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the issuance of group accident and sickness insurance under a franchise group plan; to provide for definitions; to provide for conversion, portability, and continuation; and for other purposes.

The report of the Committee, which was favorable to the 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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Broome Y Brown Y Bruce Y Buck Y Buckner, D Buckner, G Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas
Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin N Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin

Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley
Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin

Y Mobley Y Moraitakis
Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J
Roberts, L

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland

Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

MONDAY, APRIL 7, 2003

Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree E Henson Y Hill, C

Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw
Sheldon Y Sholar

1961
Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 161, nays 1. The Bill, having received the requisite constitutional majority, was passed.

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

HB 815. By Representatives Lane of the 101st, Walker of the 115th, Barnes of the 84th, Post 2, Warren of the 99th, Brock of the 5th and others:
A BILL to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain provisions relating to effective dates of hunting, fishing, and trapping licenses generally; to change certain provisions relating to licenses for archery and primitive weapons hunting, all weapons hunting licenses, license card carrier requirement, and lifetime sportsmen's licenses; to change certain provisions relating to license, permit, tag, and stamp fees; 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 change certain provisions relating to effective dates of hunting, fishing, and trapping licenses generally; to change certain provisions relating to licenses for archery and primitive weapons hunting, all weapons hunting licenses, license card carrier requirement, and lifetime sportsmens licenses; to change certain provisions relating to license, permit, tag, and stamp fees; to provide effective dates; to repeal conflicting laws; and for other purposes.

1962

JOURNAL OF THE HOUSE

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 Code Section 27-2-3, relating to effective dates of hunting, fishing, and trapping licenses generally, and inserting in lieu thereof the following:
"27-2-3. Except as otherwise specifically provided, all season hunting, fishing, and trapping licenses, including without limitation commercial fishing and commercial fishing boat licenses issued pursuant to Code Section 27-2-8, shall be effective from April 1 to March 31 of the following year; except that all annual hunting, fishing, and hunting and fishing combination licenses pursuant to paragraphs (1) through (4) of Code Section 272-23 shall be effective for 12 months from the date of issuance."

SECTION 2. Said title is further amended by striking subsection (b) of Code Section 27-2-3.1, relating to licenses for archery and primitive weapons hunting, all weapons hunting licenses, license card carrier requirement, and lifetime sportsmens licenses, and inserting in lieu thereof the following:
"(b) The requirements in this title for procuring licenses for archery, primitive weapons, big game, and small game hunting shall be satisfied by a resident who purchases an all weapons hunting license. Such license does not satisfy the obligation to obtain a wildlife management area license, an official Georgia waterfowl license, or a migratory bird license Reserved."

SECTION 3A. Said title is further amended by striking Code Section 27-2-23, relating to license, permit, tag, and stamp fees, and inserting in lieu thereof the following:
"27-2-23. Fees for licenses, permits, tags, and stamps required by this title shall be as follows:

(1) Hunting licenses: (A) Resident hunting license

Season Annual

$ 10.00

(B) Nonresident hunting license

Season Annual

59.00

(C) Nonresident hunting license

Seven-day

25.00

(D) Hunting license, valid for residents

and nonresidents

One-day

5.50

(E) Resident archery license

Season

8.00

(F) Nonresident archery license

Season

25.00

MONDAY, APRIL 7, 2003

(G)(E) Resident big game license

Season Annual

(H)(F) Nonresident big game license

Season Annual

(I)(G) Nonresident shooting preserve hunting license

Season

(J)(H) Commercial fox hunting preserve

license

Season

(K)(I) Commercial fox breeder license

Season

(L)(J) Waterfowl license valid for residents and nonresidents

Season Annual

(M)(K) Georgia migratory bird license

Season Annual

(N) Resident all weapons hunting license

Season

(O)(L) Resident primitive weapons license Season Annual

(P)(M) Nonresident primitive weapons license Season Annual

(2) Resident hunting/fishing license

Season Annual

(3) Resident sportsmans license

Season Annual

(4) Recreational fishing licenses:

(A) Resident fishing license

Season Annual

(B) Nonresident fishing license

Season Annual

(C) Nonresident fishing license

Seven-day

(D) Fishing license, valid for residents and nonresidents

One-day

(E) Resident trout license

Season Annual

(F) Nonresident trout license

Season Annual

(5) Trapping licenses:

(A) Resident commercial trapping license

Annual

(B) Nonresident commercial trapping license Annual

1963
9.00 118.00
12.00
60.00 60.00
5.50 Free 26.00 8.00 25.00 17.00 60.00
9.00 24.00 7.00
3.50 5.00 13.00
30.00 295.00

1964

JOURNAL OF THE HOUSE

(6) Commercial fishing licenses:

(A) Resident commercial fishing license

Season

(B) Nonresident commercial fishing license Season

(C) Resident commercial crabbing license

Season

(D) Nonresident commercial crabbing license Season

(7) Fur, hide, and pelt licenses:

(A) Resident fur dealer license

Annual

(B) Nonresident fur dealer license

Annual

(C) Fur dealers agent license

Annual

(8) Miscellaneous licenses and permits:

(A) Retail fish dealer license

Annual

(B) Wholesale fish dealer license

Annual

(C) Resident game-holding permit

Annual

(D) Commercial quail breeder permit

Annual

(E) Scientific collecting permit

Annual

(F) Wildlife exhibition permit

Annual

(G) Commercial shooting preserve license

Annual

(H) Private shooting preserve license

Annual

(I) Blanket commercial shooting preserve license

Annual

(J) Commercial fish hatchery license

Annual

(K) Catch-out pond license

Annual

(L) Soft-shell crab dealer license

Annual

(M) Resident taxidermist license

Three-year

(N) Nonresident taxidermist license

Three-year

12.00 118.00
12.00 118.00
295.00 415.00 180.00
10.00 59.00 5.00 30.00 50.00 59.00 150.00 75.00
500.00 59.00
236.00 10.00 150.00 500.00

MONDAY, APRIL 7, 2003

1965

(O) Falconry permit (P) Commercial alligator farming license (Q) Alligator hunting license (R) Wild animal license (S) Wild animal auction license (T) Resident bait dealer license (U) Nonresident bait dealer license

Three-year Annual Season Annual Annual Seven-day Season Season

30.00 50.00 50.00 236.00 5,000.00 25.00 150.00

(9) The board is authorized to provide by rule for a fee not to exceed $19.00 for resident daily, seasonal, or annual use permits, licenses, or stamps to hunt and fish on or otherwise use specially designated streams, lakes, or wildlife management areas or a fee not to exceed $73.00 for nonresident permits, licenses, or stamps issued under this paragraph."

SECTION 3B. Said title is further amended by striking Code Section 27-2-23, relating to license, permit, tag, and stamp fees, and inserting in lieu thereof the following:
"27-2-23. Fees for licenses, permits, tags, and stamps required by this title shall be as follows:

(1) Hunting licenses: (A) Resident hunting license

Season Annual

$ 8.50

(B) Nonresident hunting license

Season Annual

50.00

(C) Nonresident hunting license

Seven-day

21.00

(D) Hunting license, valid for residents

and nonresidents

One-day

5.50

(E) Resident archery license

Season

6.50

(F) Nonresident archery license

Season

21.00

(G)(E) Resident big game license

Season Annual

7.50

(H)(F) Nonresident big game license

Season Annual

100.00

(I)(G) Nonresident shooting preserve hunting license

Season

10.00

1966

JOURNAL OF THE HOUSE

(J)(H) Commercial fox hunting preserve

license

Season

(K)(I) Commercial fox breeder license

Season

(L)(J) Waterfowl license valid for residents and nonresidents

Season Annual

(M)(K) Georgia migratory bird license

Season Annual

(N) Resident all weapons hunting license

Season

(O)(L) Resident primitive weapons license Season Annual

(P)(M) Nonresident primitive weapons license Season Annual

(2) Resident hunting/fishing license

Season Annual

(3) Resident sportsmans license

Season Annual

(4) Recreational fishing licenses:

(A) Resident fishing license

Season Annual

(B) Nonresident fishing license

Season Annual

(C) Nonresident fishing license

Seven-day

(D) Fishing license, valid for residents and nonresidents

One-day

(E) Resident trout license

Season Annual

(F) Nonresident trout license

Season Annual

(5) Trapping licenses:

(A) Resident commercial trapping license

Annual

(B) Nonresident commercial trapping license Annual

(6) Commercial fishing licenses:

(A) Resident commercial fishing license

Season

(B) Nonresident commercial fishing license Season

(C) Resident commercial crabbing license

Season

50.00 50.00
5.50 Free 26.00 8.00 25.00 15.50 60.00
7.50 20.00 7.00
3.50 3.50 10.50
25.00 250.00
10.00 100.25
12.00

MONDAY, APRIL 7, 2003

(D) Nonresident commercial crabbing license Season

(7) Fur, hide, and pelt licenses:

(A) Resident fur dealer license

Annual

(B) Nonresident fur dealer license

Annual

(C) Fur dealers agent license

Annual

(8) Miscellaneous licenses and permits:

(A) Retail fish dealer license

Annual

(B) Wholesale fish dealer license

Annual

(C) Resident game-holding permit

Annual

(D) Commercial quail breeder permit

Annual

(E) Scientific collecting permit

Annual

(F) Wildlife exhibition permit

Annual

(G) Commercial shooting preserve license

Annual

(H) Private shooting preserve license

Annual

(I) Blanket commercial shooting preserve license

Annual

(J) Commercial fish hatchery license

Annual

(K) Catch-out pond license

Annual

(L) Soft-shell crab dealer license

Annual

(M) Resident taxidermist license

Three-year

(N) Nonresident taxidermist license

Three-year

(O) Falconry permit

Three-year

(P) Commercial alligator farming license

Annual

(Q) Alligator hunting license

Season Annual

(R) Wild animal license

Annual

1967
118.00
250.00 350.00 150.00
5.00 50.00 2.50 25.00 5.00 50.00 25.00 10.00
500.00 50.00
200.00 10.00 150.00 500.00 30.00 25.00 50.00
200.00

1968

JOURNAL OF THE HOUSE

(S) Wild animal auction license (T) Resident bait dealer license (U) Nonresident bait dealer license

Seven-day Season Season

5,000.00 25.00
150.00

(9) The board is authorized to provide by rule for a fee not to exceed $15.60 for resident daily, seasonal, or annual use permits, licenses, or stamps to hunt and fish on or otherwise use specially designated streams, lakes, or wildlife management areas or a fee not to exceed $61.25 for nonresident permits, licenses, or stamps issued under this paragraph."
SECTION 4. This Act shall become effective on February 29, 2004, except that Section 3B of this Act shall become effective on March 31, 2012.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

On the motion to withdraw the Committee substitute, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson N Ashe Y Bannister Y Barnard Y Barnes N Beasley-Teague N Benfield N Birdsong Y Black N Boggs N Bordeaux N Borders N Bridges Y Brock Y Brooks Y Broome N Brown N Bruce Y Buck N Buckner, D
Buckner, G N Bunn N Burkhalter N Burmeister N Butler

N Day Y Dean Y Deloach N Dix N Dodson Y Dollar Y Dooley N Douglas N Drenner N Dukes Y Ehrhart Y Elrod N Epps Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster N Franklin Y Gardner N Golick Y Graves, D Y Graves, T Y Greene N Greene-Johnson Y Hanner

Hill, C.A Y Hill, V Y Hines N Holmes Y Houston
Howard N Howell Y Hudson
Hugley N Jackson N James Y Jamieson Y Jenkins N Jones N Jordan Y Joyce N Keen N Knox Y Lane Y Lewis Y Lord N Lucas N Lunsford N Maddox
Mangham N Manning

N Mobley Y Moraitakis N Morris
Mosby N Mosley N Murphy, J N Murphy, Q Y Noel Y Oliver, B N Oliver, M
O'Neal Y Orrock
Parham Y Parrish N Parsons Y Porter
Powell Y Purcell N Ralston N Randall Y Ray E Reece, B N Reece, S Y Rice N Richardson N Roberts, J

Y Sims N Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T N Smith, V N Smyre Y Snow N Stanley-Turner N Stephens, E Y Stephens, R N Stephenson
Stokes Y Stoner Y Teilhet Y Teper
Thomas, A Thomas, A.M Y Thompson Y Twiggs N Walker, L N Walker, R.L Y Warren Y Watson

N Campbell N Casas N Chambers Y Channell N Childers N Coan N Coleman, B
Cooper Y Crawford Y Cummings

MONDAY, APRIL 7, 2003

N Harbin Y Harper
Harrell N Heard, J Y Heard, K N Heath N Heckstall Y Hembree E Henson N Hill, C

N Marin N Martin Y Massey Y Maxwell Y McBee Y McCall N McClinton Y Millar N Mills
Mitchell

Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor N Scott N Shaw Y Sheldon Y Sholar

On the motion, the ayes were 79, nays 82. The motion was lost.

1969
N Westmoreland N White Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

Representative Lane of the 101st moved that the House reconsider its action in failing to withdraw the Committee substitute.

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

Y Amerson N Anderson Y Ashe Y Bannister Y Barnard Y Barnes N Beasley-Teague Y Benfield Y Birdsong Y Black N Boggs Y Bordeaux N Borders
Bridges Y Brock Y Brooks Y Broome N Brown
Bruce Y Buck Y Buckner, D
Buckner, G N Bunn
Burkhalter Y Burmeister N Butler N Campbell Y Casas Y Chambers Y Channell N Childers

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley N Douglas N Drenner Y Dukes Y Ehrhart Y Elrod N Epps Y Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster N Franklin Y Gardner N Golick Y Graves, D Y Graves, T N Greene N Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J N Heard, K

Hill, C.A Hill, V Y Hines N Holmes Y Houston Howard Y Howell Y Hudson Hugley Y Jackson Y James Y Jamieson Y Jenkins N Jones Y Jordan Y Joyce N Keen N Knox Y Lane Y Lewis Y Lord Y Lucas N Lunsford N Maddox Mangham Y Manning Y Marin N Martin Y Massey N Maxwell McBee

N Mobley Y Moraitakis N Morris
Mosby N Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice N Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders

Y Sims N Sinkfield Y Skipper N Smith, B Y Smith, L Y Smith, P N Smith, T Y Smith, V N Smyre Y Snow N Stanley-Turner N Stephens, E Y Stephens, R N Stephenson Y Stokes Y Stoner N Teilhet Y Teper N Thomas, A
Thomas, A.M Y Thompson Y Twiggs N Walker, L N Walker, R.L Y Warren N Watson N Westmoreland N White Y Wilkinson Y Willard Y Williams, A

1970
Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

N Heath N Heckstall Y Hembree E Henson N Hill, C

Y McCall N McClinton Y Millar N Mills
Mitchell

Sailor N Scott N Shaw N Sheldon Y Sholar

On the motion, the ayes were 106, nays 56. The motion prevailed.

Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the motion to withdraw the Committee substitute, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson N Ashe
Bannister Y Barnard Y Barnes N Beasley-Teague N Benfield N Birdsong Y Black N Boggs N Bordeaux Y Borders N Bridges Y Brock N Brooks Y Broome N Brown N Bruce N Buck N Buckner, D N Buckner, G N Bunn
Burkhalter N Burmeister N Butler N Campbell Y Casas Y Chambers Y Channell N Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day N Dean Y Deloach N Dix Y Dodson Y Dollar Y Dooley Y Douglas N Drenner N Dukes Y Ehrhart Y Elrod N Epps Y Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin N Gardner N Golick Y Graves, D Y Graves, T N Greene N Greene-Johnson Y Hanner Y Harbin N Harper N Harrell Y Heard, J N Heard, K Y Heath N Heckstall Y Hembree E Henson N Hill, C

Y Hill, C.A N Hill, V Y Hines N Holmes Y Houston Y Howard N Howell Y Hudson N Hugley N Jackson N James Y Jamieson Y Jenkins N Jones N Jordan Y Joyce N Keen N Knox Y Lane Y Lewis Y Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning Y Marin N Martin Y Massey Y Maxwell N McBee Y McCall N McClinton Y Millar N Mills
Mitchell

N Mobley N Moraitakis N Morris N Mosby N Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B N Oliver, M Y O'Neal N Orrock Y Parham Y Parrish Y Parsons Y Porter
Powell Y Purcell Y Ralston N Randall Y Ray E Reece, B Y Reece, S Y Rice N Richardson N Roberts, J N Roberts, L Y Rogers, C N Rogers, Ch. Y Royal Y Rynders N Sailor N Scott N Shaw N Sheldon Y Sholar

Y Sims N Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P N Smith, T N Smith, V N Smyre Y Snow N Stanley-Turner N Stephens, E Y Stephens, R N Stephenson
Stokes Y Stoner N Teilhet N Teper
Thomas, A Thomas, A.M Y Thompson Y Twiggs N Walker, L N Walker, R.L Y Warren N Watson N Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R Y Wix Y Yates Coleman, Speaker

MONDAY, APRIL 7, 2003 On the motion, the ayes were 87, nays 83. The motion prevailed.

1971

The Committee substitute was withdrawn.

The following substitute, offered by Representative Lane of the 101st, was read:

A BILL
To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to regulate the taking of certain wildlife; to change certain provisions relating to definitions; to change certain provisions relating to rules and regulations used to establish criminal violations; to change certain provisions relating to effective dates of hunting, fishing, and trapping licenses generally; to change certain provisions relating to licenses for archery and primitive weapons hunting, all weapons hunting licenses, license card carrier requirement, and lifetime sportsmans licenses; to change certain provisions relating to trout, big game, and official Georgia waterfowl licenses; to change certain provisions relating to license, permit, tag, and stamp fees; to change certain provisions relating to hunting at night; to change certain provisions relating to legal weapons for hunting wildlife generally; to change certain provisions relating to hunting of wildlife or feral hogs from boats, aircraft, or motor vehicles; to change certain provisions relating to hunting deer with dogs; to change certain provisions relating to hunting of alligators and possession of alligator products; to repeal certain provisions relating to taking, capturing, and killing diamondback terrapins; to provide effective dates; 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 paragraph (3) of Code Section 27-1-2, relating to definitions, and inserting in lieu thereof the following:
"(3) 'Alligator product' means any product or article made, either wholly or in part, from any part of the hide of an alligator or alligator meat or any other part of an alligator carcass or alligator eggs."
SECTION 2. Said title is further amended by striking Code Section 27-1-39, relating to rules and

1972

JOURNAL OF THE HOUSE

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, 2002 October 1, 2003."
SECTION 3. Said title is further amended by striking Code Section 27-2-3, relating to effective dates of hunting, fishing, and trapping licenses generally, and inserting in lieu thereof the following:
"27-2-3. Except as otherwise specifically provided, all season hunting, fishing, and trapping licenses, including without limitation commercial fishing and commercial fishing boat licenses issued pursuant to Code Section 27-2-8, shall be effective from April 1 to March 31 of the following year; except that all annual hunting, fishing, and hunting and fishing combination licenses pursuant to paragraphs (1) through (4) of Code Section 272-23 shall be effective for 12 months from the date of issuance."
SECTION 4. Said title is further amended by striking subsection (b) of Code Section 27-2-3.1, relating to licenses for archery and primitive weapons hunting, all weapons hunting licenses, license card carrier requirement, and lifetime sportsmens licenses, and inserting in lieu thereof the following:
"(b) The requirements in this title for procuring licenses for archery, primitive weapons, big game, and small game hunting shall be satisfied by a resident who purchases an all weapons hunting license. Such license does not satisfy the obligation to obtain a wildlife management area license, an official Georgia waterfowl license, or a migratory bird license Reserved."
SECTION 5. Said title is further amended by striking subsection (c) of Code Section 27-2-3.1, relating to licenses for archery and primitive weapons hunting, all weapons hunting licenses, license card carrier requirement, and lifetime sportsmens licenses, and inserting in lieu thereof the following:
"(c) The requirements in this title for procuring any license or permit for noncommercial hunting and fishing privileges, except for hunting alligators, shall be satisfied by a resident who procures a sportsman license. An applicant for such license shall, prior to the issuance of the license, complete a screening questionnaire associated with the federal Migratory Bird Harvest Information Program."

MONDAY, APRIL 7, 2003

1973

SECTION 6. Said title is further amended by striking Code Section 27-2-6, relating to trout, big game, and official Georgia waterfowl licenses, and inserting in lieu thereof the following:
"27-2-6. (a) It shall be unlawful for any person who has attained the age of 16 years to fish for or possess mountain trout or to fish in any waters designated as trout waters or trout streams pursuant to Code Section 27-4-51 unless such person has in his or her possession a trout license in addition to his or her fishing license. (b) It shall be unlawful for any person who has attained the age of 16 years to hunt or possess big game unless such person has in his or her possession a big game license in addition to the required hunting license; provided, however, that all nonresidents, regardless of age, must possess a nonresident hunting license along with any harvest records required by law or regulation to hunt big game in this state. (c) It shall be unlawful for any person who has attained the age of 16 years to hunt ducks, geese, or swans unless such person has in his or her possession an official Georgia waterfowl license in addition to the required hunting license. (d) It shall be unlawful for any person who has attained the age of 16 years to hunt alligators unless such person has in his or her possession an alligator hunting license in addition to the required hunting license; provided, however, that this subsection shall not apply to lifetime license holders. (d)(e) No resident of this state shall be required to obtain a trout license, official Georgia waterfowl license, or big game license to hunt, fish, or trap on premises owned by him or her or his or her immediate family. (e)(f) Any visitor to a state park, whether a resident or nonresident of Georgia, shall not be required to purchase a trout license when fishing in impounded waters on lands owned or leased by the department."

SECTION 7A. Said title is further amended by striking Code Section 27-2-23, relating to license, permit, tag, and stamp fees, and inserting in lieu thereof the following:
"27-2-23. Fees for licenses, permits, tags, and stamps required by this title shall be as follows:

(1) Hunting licenses: (A) Resident hunting license

Season Annual

$ 10.00

(B) Nonresident hunting license

Season Annual

59.00

(C) Nonresident hunting license

Seven-day

25.00

(D) Hunting license, valid for residents

and nonresidents

One-day

5.50

(E) Resident archery license

Season

8.00

1974

JOURNAL OF THE HOUSE

(F) Nonresident archery license

Season

(G)(E) Resident big game license

Season Annual

(H)(F) Nonresident big game license

Season Annual

(I)(G) Nonresident shooting preserve hunting license

Season

(J)(H) Commercial fox hunting preserve

license

Season

(K)(I) Commercial fox breeder license

Season

(L)(J) Waterfowl license valid for residents and nonresidents

Season Annual

(M)(K) Georgia migratory bird license

Season Annual

(N) Resident all weapons hunting license

Season

(O)(L) Resident primitive weapons license Season Annual

(P)(M) Nonresident primitive weapons license Season Annual

(2) Resident hunting/fishing license

Season Annual

(3) Resident sportsmans license

Season Annual

(4) Recreational fishing licenses:

(A) Resident fishing license

Season Annual

(B) Nonresident fishing license

Season Annual

(C) Nonresident fishing license

Seven-day

(D) Fishing license, valid for residents and nonresidents

One-day

(E) Resident trout license

Season Annual

(F) Nonresident trout license

Season Annual

(5) Trapping licenses:

(A) Resident commercial trapping license

Annual

25.00 9.00 118.00
12.00
60.00 60.00
5.50 Free 26.00 8.00 25.00 17.00 60.00
9.00 24.00 7.00
3.50 5.00 13.00
30.00

MONDAY, APRIL 7, 2003

(B) Nonresident commercial trapping license Annual

(6) Commercial fishing licenses:

(A) Resident commercial fishing license

Season

(B) Nonresident commercial fishing license Season

(C) Resident commercial crabbing license

Season

(D) Nonresident commercial crabbing license Season

(7) Fur, hide, and pelt licenses:

(A) Resident fur dealer license

Annual

(B) Nonresident fur dealer license

Annual

(C) Fur dealers agent license

Annual

(8) Miscellaneous licenses and permits:

(A) Retail fish dealer license

Annual

(B) Wholesale fish dealer license

Annual

(C) Resident game-holding permit

Annual

(D) Commercial quail breeder permit

Annual

(E) Scientific collecting permit

Annual

(F) Wildlife exhibition permit

Annual

(G) Commercial shooting preserve license

Annual

(H) Private shooting preserve license

Annual

(I) Blanket commercial shooting preserve license

Annual

(J) Commercial fish hatchery license

Annual

(K) Catch-out pond license

Annual

(L) Soft-shell crab dealer license

Annual

(M) Resident taxidermist license

Three-year

1975
295.00
12.00 118.00
12.00 118.00
295.00 415.00 180.00
10.00 59.00 5.00 30.00 50.00 59.00 150.00 75.00
500.00 59.00
236.00 10.00 150.00

1976

JOURNAL OF THE HOUSE

(N) Nonresident taxidermist license (O) Falconry permit (P) Commercial alligator farming license (Q) Alligator hunting license (R) Wild animal license (S) Wild animal auction license (T) Resident bait dealer license (U) Nonresident bait dealer license

Three-year Three-year Annual Season Annual Annual Seven-day Season Season

500.00 30.00 50.00 50.00
236.00 5,000.00
25.00 150.00

(9) The board is authorized to provide by rule for a fee not to exceed $19.00 for resident daily, seasonal, or annual use permits, licenses, or stamps to hunt and fish on or otherwise use specially designated streams, lakes, or wildlife management areas or a fee not to exceed $73.00 for nonresident permits, licenses, or stamps issued under this paragraph."

SECTION 7B. Said title is further amended by striking Code Section 27-2-23, relating to license, permit, tag, and stamp fees, and inserting in lieu thereof the following:
"27-2-23. Fees for licenses, permits, tags, and stamps required by this title shall be as follows:

(1) Hunting licenses: (A) Resident hunting license

Season Annual

$ 8.50

(B) Nonresident hunting license

Season Annual

50.00

(C) Nonresident hunting license

Seven-day

21.00

(D) Hunting license, valid for residents

and nonresidents

One-day

5.50

(E) Resident archery license

Season

6.50

(F) Nonresident archery license

Season

21.00

(G)(E) Resident big game license

Season Annual

7.50

(H)(F) Nonresident big game license

Season Annual

100.00

(I)(G) Nonresident shooting preserve

MONDAY, APRIL 7, 2003

hunting license

Season

(J)(H) Commercial fox hunting preserve

license

Season

(K)(I) Commercial fox breeder license

Season

(L)(J) Waterfowl license valid for residents and nonresidents

Season Annual

(M)(K) Georgia migratory bird license

Season Annual

(N) Resident all weapons hunting license

Season

(O)(L) Resident primitive weapons license Season Annual

(P)(M) Nonresident primitive weapons license Season Annual

(2) Resident hunting/fishing license

Season Annual

(3) Resident sportsmans license

Season Annual

(4) Recreational fishing licenses:

(A) Resident fishing license

Season Annual

(B) Nonresident fishing license

Season Annual

(C) Nonresident fishing license

Seven-day

(D) Fishing license, valid for residents and nonresidents

One-day

(E) Resident trout license

Season Annual

(F) Nonresident trout license

Season Annual

(5) Trapping licenses:

(A) Resident commercial trapping license

Annual

(B) Nonresident commercial trapping license Annual

(6) Commercial fishing licenses:

(A) Resident commercial fishing license

Season

(B) Nonresident commercial fishing license Season

1977 10.00
50.00 50.00
5.50 Free 26.00 8.00 25.00 15.50 60.00
7.50 20.00 7.00
3.50 3.50 10.50
25.00 250.00
10.00 100.25

1978

JOURNAL OF THE HOUSE

(C) Resident commercial crabbing license

Season

(D) Nonresident commercial crabbing license Season

(7) Fur, hide, and pelt licenses:

(A) Resident fur dealer license

Annual

(B) Nonresident fur dealer license

Annual

(C) Fur dealers agent license

Annual

(8) Miscellaneous licenses and permits:

(A) Retail fish dealer license

Annual

(B) Wholesale fish dealer license

Annual

(C) Resident game-holding permit

Annual

(D) Commercial quail breeder permit

Annual

(E) Scientific collecting permit

Annual

(F) Wildlife exhibition permit

Annual

(G) Commercial shooting preserve license

Annual

(H) Private shooting preserve license

Annual

(I) Blanket commercial shooting preserve license

Annual

(J) Commercial fish hatchery license

Annual

(K) Catch-out pond license

Annual

(L) Soft-shell crab dealer license

Annual

(M) Resident taxidermist license

Three-year

(N) Nonresident taxidermist license

Three-year

(O) Falconry permit

Three-year

(P) Commercial alligator farming license

Annual

(Q) Alligator hunting license

Season Annual

12.00 118.00
250.00 350.00 150.00
5.00 50.00 2.50 25.00 5.00 50.00 25.00 10.00
500.00 50.00
200.00 10.00 150.00 500.00 30.00 25.00 50.00

MONDAY, APRIL 7, 2003

1979

(R) Wild animal license (S) Wild animal auction license (T) Resident bait dealer license (U) Nonresident bait dealer license

Annual Seven-day Season Season

200.00 5,000.00
25.00 150.00

(9) The board is authorized to provide by rule for a fee not to exceed $15.60 for resident daily, seasonal, or annual use permits, licenses, or stamps to hunt and fish on or otherwise use specially designated streams, lakes, or wildlife management areas or a fee not to exceed $61.25 for nonresident permits, licenses, or stamps issued under this paragraph."
SECTION 8. Said title is further amended by striking Code Section 27-3-2, relating to hunting at night, and inserting in lieu thereof the following:
"27-3-2. It shall be unlawful to hunt at night any game bird or game animal in this state except for alligators, raccoons, opossums, foxes, and bobcats; and these may. Alligators may be hunted with a light which does not exceed 12 volts. Raccoons, opossums, foxes, and bobcats shall not be hunted with lights, except that a light which does not exceed six volts or a fuel-type lantern may be carried by hand by a hunter or worn on the hunters belt and used for locating such animals."
SECTION 9. Said title is further amended by striking paragraphs (1), (4), (5), (7), and (8) of Code Section 27-3-4, relating to legal weapons for hunting wildlife generally, and inserting in lieu thereof the following:
"(1) Longbows, recurve bows, crossbows, and compound bows may be used for taking small game, feral hogs, or big game. Arrows for hunting deer, bear, and feral hogs must be broadhead type;" "(4) Weapons for hunting small game shall be limited to shotguns with shot shell size of no greater than 3 1/2 inches in length with No. 2 lead shot or smaller or federally approved nontoxic shot size of F or smaller shot, .22 caliber or smaller rimfire firearms, air rifles, 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, feral hogs, 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 animals, shotguns shall be limited to a capacity of

1980

JOURNAL OF THE HOUSE

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;" "(7) Weapons for hunting alligators shall be limited to hand-held ropes or snares, snatch hooks, harpoons, gigs, or arrows with restraining lines attached. Lawfully restrained alligators may be killed with any caliber handgun or bangstick and shall be killed immediately before transporting; (8) There are no firearms restrictions for taking nongame animals or nongame birds; and (8)(9) The use of silencers for hunting within this state is prohibited."
SECTION 10. Said title is further amended by striking subsection (a) of Code Section 27-3-13, relating to hunting of wildlife or feral hogs from boats, aircraft, or motor vehicles, and inserting in lieu thereof the following:
"(a) It shall be unlawful to hunt any wildlife or feral hog from an electric, gas, or diesel boat, a steamboat, a sailboat, an airplane, a hydroplane, a hovercraft, or a motor vehicle; except that alligators may be hunted from any boat or watercraft under power."
SECTION 11. Said title is further amended in Code Section 27-3-17, relating to hunting deer with dogs, by adding new subsections to read as follows:
"(c) It shall be unlawful for any person to hunt deer with dogs on any tract of real property unless a permit for hunting deer with dogs has been issued by the department for such tract to the owner or owners of such tract or the lessee of deer hunting rights for such tract. A permit for hunting deer with dogs shall not be issued for any tract of real property that is less than 1,000 contiguous acres. Any application for a permit for hunting deer with dogs shall be on such form as prescribed by the department; shall be accompanied by the required application fee; and shall include a written description of the tract boundaries and a map showing key features such as public roads or streams on or bordering the tract and occupied dwellings on adjacent properties. The application must be signed by all persons owning any portion of the tract of real property or an authorized agent thereof. The application fee for such permit shall be $100.00 for an annual permit or $25.00 for a two-day permit. (d) The owner of any dog that is used for hunting deer must cause such dog to be identified at all times during the hunt with the permit number for the tract being hunted. (e) Any person operating a motor vehicle used in conducting a deer hunt with dogs shall during such hunt clearly display in the lower corner of the drivers side of the front or rear windshield of such motor vehicle a decal or card showing the tract permit number in numerals not less than two inches high. (f) The department shall thoroughly investigate for validity any complaints from adjacent property owners regarding hunting deer with dogs in violation of this title or rules and regulations issued pursuant to this title. The commissioner may take action

MONDAY, APRIL 7, 2003

1981

against a permit as provided by Code Section 27-2-25 for violations of the provisions of this title or rules and regulations issued pursuant to this title occurring on the tract of real property for which the permit was issued."
SECTION 12. Said title is further amended in Code Section 27-3-19, relating to hunting of alligators and possession of alligator products, by striking subsections (c) through (e) and inserting in lieu thereof the following:
"(c)(1) It shall be unlawful for any person to possess, buy, or sell in this state the untanned hide or skin or alligator products from an alligator not lawfully taken under the authority of Code Section 27-3-15. All such hides, skins, and alligators not lawfully taken are declared to be contraband and shall be seized and disposed of as directed by the commissioner. Possession in a store, warehouse, or retail place of business of such untanned hides or skins or alligator products not lawfully taken shall be prima-facie evidence of violation of this subsection. This subsection shall not apply to alligator products made from hides or skins of alligators produced on farms licensed under this title or from hides or skins of alligators lawfully possessed, taken, or acquired outside or inside this state, nor shall any provision of this subsection be construed so as to prohibit the preparation, processing, or manufacturing of such commercially grown or lawfully possessed, taken, or acquired alligator hides or the storage or sale of products made therefrom, subject to rules and regulations promulgated by the board. (2) It shall be unlawful for any person to gather alligator eggs from the wild or possess alligator eggs gathered from the wild in this state except pursuant to permit issued by the department for such purpose. The board shall establish the conditions of such permits by such rules or regulations as are reasonable and necessary under sound game management practices, which shall include without limitation specification of when and where such eggs may be gathered, limits on the number of eggs that may be gathered, the placement of gathered eggs in incubators, return of a minimum percentage and size of hatchlings from gathered eggs to the wild, and permit fees in such amounts as are necessary to cover the cost of administration. This paragraph shall not apply to the collection of alligator eggs from an alligator farm licensed under this title. (d)(1) It shall be unlawful to possess or transport into this state any untanned alligator hide, skin, or alligator product from any place in which the taking of alligators is prohibited. (2) It shall be unlawful to possess or transport into this state any alligator eggs gathered from the wild from any place where such gathering of alligator eggs from the wild is prohibited. (3) All such hides, skins, and alligator products, and alligator eggs are declared to be contraband and shall be seized and disposed of in accordance with Code Section 27-121. (4) Notwithstanding any other provision to the contrary, it shall be lawful to possess and transport into this state any untanned alligator hide, skin, or alligator

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JOURNAL OF THE HOUSE

product, or alligator egg which was lawfully taken and transported and which is accompanied by a bill of sale, bill of lading, or invoice, or permit. (e) Any person who possesses any untanned alligator hide, skin, or alligator product, or alligator egg from any place in which the taking of alligators is lawful, the gathering of alligator eggs from the wild is lawful, or from an alligator farm licensed under this title shall retain such receipts, invoices, bills of lading, permits, or other indicia of lawful possession, taking, or acquisition as are necessary to indicate clearly at all times the place of origin of the specific untanned alligator hides, skins, or alligator products, or alligator eggs possessed."
SECTION 13. Said title is further amended by striking and reserving Code Section 27-4-116, relating to taking, capturing, and killing diamondback terrapins.
SECTION 14. (a) This Act shall become effective on July 1, 2003, except as otherwise provided in subsection (b) of this section.
(b)(1) Section 2 of this Act shall become effective on October 1, 2003. (2) Sections 3, 4, and 7A of this Act shall become effective on February 29, 2004. (3) Section 7B of this Act shall become effective on March 31, 2012.
SECTION 15. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Shaw of the 143rd and Lane of the 101st move to amend the Floor substitute to HB 815 by inserting after "vehicles;" on line 12 of page 1 the following:
"to change certain provisions relating to hunting of alligators and possession of alligator products;".
By inserting between lines 31 and 32 of page 3 the following:
"SECTION 6A. Said title is further amended by striking subsection (a) of Code Section 27-3-19, relating to hunting of alligators and possession of alligator products, and inserting in lieu thereof the following:
'(a) Except as provided in Code Section 27-3-15, it shall be unlawful for any person to hunt alligators within this state. The For purposes of this subsection, the term "hunt alligators" does not include the killing of any alligator which is attacking or has

MONDAY, APRIL 7, 2003

1983

attacked any human, livestock, or pet animal if such killing is reported to the department not later than 72 hours afterwards; provided, however, that display or use of a light in any area closed to alligator hunting by any person not otherwise authorized to do so by regulations of the board in a place which alligators might be known to inhabit and in a manner capable of disclosing the presence of alligators, together with the possession of firearms, spear guns, gigs, harpoons, or other such equipment customarily used for the taking of alligators, during the period between one-half hour after sunset and one-half hour before sunrise shall be considered prima-facie evidence of an intent to violate this subsection.'".

The following amendment was read:

Representative Scott of the 138th moves to amend the Floor substitute to HB 815 as follows:
Page 2, line 19 add
"No person shall be required to provide their social security number to the Department of Natural Resources, and the refusal to provide the social security number may not be used as a reason to deny the issuance of any license by the Department of Natural Resources."

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague N Benfield Y Birdsong
Black Y Boggs Y Bordeaux N Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar N Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming N Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin N Gardner Y Golick

Hill, C.A Y Hill, V Y Hines N Holmes N Houston N Howard N Howell N Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones N Jordan Y Joyce Y Keen Y Knox N Lane Y Lewis Y Lord

Y Mobley N Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel N Oliver, B N Oliver, M Y O'Neal N Orrock N Parham Y Parrish Y Parsons N Porter
Powell Y Purcell Y Ralston Y Randall Y Ray

Y Sims Y Sinkfield N Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes N Stoner N Teilhet Y Teper N Thomas, A
Thomas, A.M Y Thompson

1984
Y Buckner, G Y Bunn
Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Graves, D Y Graves, T N Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree E Henson Y Hill, C

Lucas Y Lunsford
Maddox Y Mangham Y Manning N Marin Y Martin Y Massey N Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills
Mitchell

E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C
Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon N Sholar

N Twiggs Y Walker, L Y Walker, R.L N Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A Y Williams, E Y Williams, R N Wix N Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 135, nays 31. The amendment was adopted.

The Floor substitute, as amended, was adopted.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague N Benfield Y Birdsong N Black N Boggs N Bordeaux N Borders Y Bridges Y Brock N Brooks Y Broome Y Brown N Bruce Y Buck

Y Day Y Dean Y Deloach N Dix Y Dodson Y Dollar Y Dooley N Douglas N Drenner Y Dukes Y Ehrhart Y Elrod N Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin
Gardner

Hill, C.A Y Hill, V Y Hines N Holmes Y Houston Y Howard N Howell Y Hudson N Hugley N Jackson N James N Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis

Y Mobley N Moraitakis N Morris N Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B N Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston N Randall

Y Sims Y Sinkfield Y Skipper N Smith, B Y Smith, L Y Smith, P Y Smith, T N Smith, V N Smyre Y Snow N Stanley-Turner N Stephens, E Y Stephens, R Y Stephenson N Stokes
Stoner N Teilhet N Teper N Thomas, A Y Thomas, A.M

N Buckner, D N Buckner, G N Bunn
Burkhalter Y Burmeister N Butler Y Campbell Y Casas Y Chambers Y Channell N Childers N Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

MONDAY, APRIL 7, 2003

N Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner N Harbin Y Harper N Harrell Y Heard, J Y Heard, K N Heath N Heckstall Y Hembree E Henson N Hill, C

Y Lord N Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Marin N Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills N Mitchell

Y Ray E Reece, B Y Reece, S Y Rice Y Richardson N Roberts, J N Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders N Sailor N Scott N Shaw Y Sheldon Y Sholar

1985
Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson N Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 118, nays 54.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Coan of the 67th, Post 1 stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Smyre of the 111th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 815.

HB 748. By Representatives Buck of the 112th, Smyre of the 111th, Buckner of the 109th, Royal of the 140th and Hugley of the 113th:
A BILL to amend Chapter 88 of Title 36 of the Official Code of Georgia Annotated, relating to enterprise zones, so as to change certain provisions regarding definitions; to provide for additional qualifying businesses and services; and for other purposes.

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

1986

JOURNAL OF THE HOUSE

Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks
Broome Y Brown Y Bruce Y Buck Y Buckner, D
Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach
Dix Y Dodson Y Dollar Y Dooley Y Douglas
Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson
Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree E Henson Y Hill, C

Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley
Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock
Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E
Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representative Parham of the 94th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
By unanimous consent, HB 748 was ordered immediately transmitted to the Senate.

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:

MONDAY, APRIL 7, 2003

1987

Mr. Speaker:

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

HB 243 HB 278 HB 718 HB 903 HR 256 HR 263

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

HR 334 HR 396 HR 404 HR 530 HR 546

Do Pass Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

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

HR 396. By Representatives Smith of the 87th, Westmoreland of the 86th, Harper of the 88th, Post 2 and Butler of the 88th, Post 1:
A RESOLUTION commending Jean Reynolds and inviting her to appear before the House of Representatives; and for other purposes.

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

1988

JOURNAL OF THE HOUSE AFTERNOON SESSION

The Speaker called the House to order.

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

HR 626. By Representatives Buckner of the 82nd, Coleman of the 118th, Dodson of the 84th, Post 1 and Barnes of the 84th, Post 2:
A RESOLUTION commending the 2003 Jonesboro High School Mock Trial Team and inviting the team and coaches to appear before the House of Representatives; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 627. By Representatives Gardner of the 42nd, Post 3 and McBee of the 74th:
A RESOLUTION recognizing and commending Professor Pauline Rose Clance; and for other purposes.

HR 628. By Representatives Hill of the 16th, Knox of the 14th, Post 1, Murphy of the 14th, Post 2, Franklin of the 17th, Rogers of the 15th and others:
A RESOLUTION commending Jaeson Clark Winter; and for other purposes.

HR 629. By Representative Thomas of the 43rd, Post 1:
A RESOLUTION commending Ms. Mildred Baker Robinson; and for other purposes.

HR 630. By Representatives Ashe of the 42nd, Post 2, Moraitakis of the 42nd, Post 4, Teper of the 42nd, Post 1, Gardner of the 42nd, Post 3 and Brooks of the 47th:

MONDAY, APRIL 7, 2003

1989

A RESOLUTION commending Edward J. Renford, President and Chief Executive Officer of Grady Health System; and for other purposes.

HR 631. By Representatives Gardner of the 42nd, Post 3, Ashe of the 42nd, Post 2, Teper of the 42nd, Post 1 and Moraitakis of the 42nd, Post 4:
A RESOLUTION commending Cub Scout Pack 17 of the Haygood Memorial United Methodist Church and Cubmaster Leslie Spencer; and for other purposes.

HR 632. By Representative Thomas of the 43rd, Post 1:
A RESOLUTION recognizing and commending Junia Hampton Gideon; and for other purposes.

HR 633. By Representatives Smith of the 76th and Douglas of the 73rd:
A RESOLUTION expressing regret at the loss of Earl D. Harris; and for other purposes.

HR 634. By Representatives Thomas of the 43rd, Post 1, Stanley-Turner of the 43rd, Post 2 and Dean of the 49th:
A RESOLUTION recognizing and commending Delores Gayle Toney; and for other purposes.

HR 635. By Representatives Ashe of the 42nd, Post 2, Moraitakis of the 42nd, Post 4, Teper of the 42nd, Post 1, Gardner of the 42nd, Post 3 and Orrock of the 51st:
A RESOLUTION commending Betsy C. Baker, Executive Director of the Georgia Council for the Arts; and for other purposes.

HR 636. By Representatives Ashe of the 42nd, Post 2, Moraitakis of the 42nd, Post 4, Teper of the 42nd, Post 1 and Gardner of the 42nd, Post 3:
A RESOLUTION commending Joseph R. Bankoff, Chair of the Regional

1990

JOURNAL OF THE HOUSE Arts Task Force; and for other purposes.

HR 637. By Representatives Ashe of the 42nd, Post 2, Moraitakis of the 42nd, Post 4, Teper of the 42nd, Post 1, Gardner of the 42nd, Post 3 and Orrock of the 51st:
A RESOLUTION commending Martha W. Ferguson; and for other purposes.

HR 638. By Representative Thomas of the 43rd, Post 1: A RESOLUTION recognizing Fannie Drummer; and for other purposes.

HR 639. By Representatives Birdsong of the 104th, Lucas of the 105th, Parham of the 94th and Jenkins of the 93rd:
A RESOLUTION commending Tammy Seabolt Brittain; and for other purposes.

HR 640. By Representatives Birdsong of the 104th, Lucas of the 105th, Parham of the 94th and Jenkins of the 93rd:
A RESOLUTION commending Keep Jones Beautiful on winning the Georgia Department of Community Affairs Keep Georgia Beautiful 2003 Awards Program; and for other purposes.

HR 641. By Representatives Broome of the 141st, Post 2, Coleman of the 118th, Skipper of the 116th, Westmoreland of the 86th and Buck of the 112th:
A RESOLUTION commending Gayle Griffin; and for other purposes.

HR 642. By Representative Thomas of the 43rd, Post 1: A RESOLUTION commending Ms. Hazel Drake Gonzalez; and for other purposes.
HR 643. By Representatives Boggs of the 145th, Walker of the 115th, Stokes of the 72nd, Bunn of the 63rd, Shaw of the 143rd and others:

MONDAY, APRIL 7, 2003

1991

A RESOLUTION to recognize May 1, 2003, as Loyalty Day; and for other purposes.

HR 644. By Representatives Hanner of the 133rd, Porter of the 119th and Coleman of the 118th:
A RESOLUTION honoring the life of Roy James Chappell and expressing deep regret at his passing; and for other purposes.

HR 645. By Representatives Harbin of the 80th and Fleming of the 79th: A RESOLUTION commending Margaret Wiggins; and for other purposes.

HR 646. By Representatives Williams of the 61st, Post 2, Mitchell of the 61st, Post 3, Greene-Johnson of the 60th, Post 3, Mangham of the 62nd, Watson of the 60th, Post 2 and others:
A RESOLUTION expressing regret at the passing of Mr. John Thomas Glover, Jr.; and for other purposes.

HR 647. By Representatives Hanner of the 133rd, Royal of the 140th, McCall of the 78th and Jamieson of the 22nd:
A RESOLUTION honoring F. Graham Liles, Jr., on the occasion of his retirement; and for other purposes.

HR 648. By Representatives Hanner of the 133rd and Roberts of the 131st:
A RESOLUTION honoring the life of A.B.C. "Brad" Dorminy, Jr., and expressing deep regret at his passing; and for other purposes.

HR 649. By Representatives Harbin of the 80th and Fleming of the 79th: A RESOLUTION commending Jim Whitehead; and for other purposes.

HR 650. By Representative Wilkinson of the 41st:

1992

JOURNAL OF THE HOUSE
A RESOLUTION recognizing the 5th Anniversary of Distant Replays in Atlanta, Georgia; and for other purposes.

HR 651. By Representatives McBee of the 74th, Heard of the 75th and Smith of the 76th:
A RESOLUTION commending the Georgia Museum of Natural History and recognizing its 25th anniversary; and for other purposes.

HR 652. By Representative Purcell of the 122nd:
A RESOLUTION commending Dr. Willie Grier Todd; and for other purposes.

HR 653. By Representative Martin of the 37th: A RESOLUTION commending Robert J. Sutter; and for other purposes.

HR 654. By Representatives Purcell of the 122nd and Oliver of the 121st, Post 2: A RESOLUTION commending Billy Marshall; and for other purposes.

HR 655. By Representative Jamieson of the 22nd:
A RESOLUTION commending the Toccoa Little League; and for other purposes.

HR 656. By Representatives Smith of the 87th, Westmoreland of the 86th, Brown of the 89th, Harper of the 88th, Post 2 and Butler of the 88th, Post 1:
A RESOLUTION recognizing the 175th anniversary of the City of Newnan, Georgia; and for other purposes.

HR 657. By Representative Rogers of the 15th: A RESOLUTION commending Will Turner; and for other purposes.

MONDAY, APRIL 7, 2003

1993

HR 658. By Representative Channell of the 77th: A RESOLUTION honoring Carolyn Ainslie; and for other purposes.

HR 659. By Representative Greene of the 134th:
A RESOLUTION commending the Early County High School Lady Cats basketball team; and for other purposes.

HR 660. By Representative Floyd of the 132nd:
A RESOLUTION proclaiming Watermelon Days in Cordele in honor of the 2003 Watermelon Days Festival; and for other purposes.

HR 661. By Representative Purcell of the 122nd:
A RESOLUTION commending the City of Guyton and its 25th Annual Tour of Homes and Festival; and for other purposes.

HR 662. By Representatives Mobley of the 58th, McClinton of the 59th, Post 1, Greene-Johnson of the 60th, Post 3 and Stephenson of the 60th, Post 1:
A RESOLUTION designating the month of May as Stroke Awareness Month in Georgia; and for other purposes.

HR 663. By Representative Mobley of the 58th: A RESOLUTION commending Carolyn Danese; and for other purposes.

HR 664. By Representative Mobley of the 58th: A RESOLUTION commending Lonnie Ward, Jr.; and for other purposes.

HR 665. By Representatives Mobley of the 58th, McClinton of the 59th, Post 1 and Greene-Johnson of the 60th, Post 3:

1994

JOURNAL OF THE HOUSE
A RESOLUTION commending Mr. Patrick Michael O'Donnell and wishing him well on his retirement; and for other purposes.

HR 666. By Representatives Maxwell of the 27th, Heath of the 18th and Richardson of the 26th:
A RESOLUTION recognizing and commending Paulding County High School; and for other purposes.

HR 667. By Representatives Maxwell of the 27th, Heath of the 18th and Richardson of the 26th:
A RESOLUTION commending Sergeant Major Lymus Holman; and for other purposes.

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

HR 357. By Representatives McCall of the 78th, Purcell of the 122nd, Ray of the 108th and Roberts of the 131st:
A RESOLUTION recognizing America's search and rescue dogs, commending their handlers and related organizations, and authorizing and directing the erection of a monument in honor thereof at the southwest corner of the Department of Agriculture building across from Capitol Square; 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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard

N Day Dean
Y Deloach Y Dix
Dodson

Y Hill, C.A Hill, V
Y Hines Holmes
Y Houston

Y Mobley Y Moraitakis Y Morris
Mosby Y Mosley

Y Sims Sinkfield
Y Skipper Y Smith, B Y Smith, L

MONDAY, APRIL 7, 2003

Y Barnes Y Beasley-Teague
Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown
Bruce Y Buck
Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler
Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Dollar Y Dooley Y Douglas
Drenner Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree E Henson Y Hill, C

Y Howard Y Howell Y Hudson Y Hugley Y Jackson
James Y Jamieson
Jenkins Y Jones
Jordan Y Joyce
Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Lunsford Y Maddox Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Millar Mills Mitchell

Murphy, J Y Murphy, Q
Noel Y Oliver, B Y Oliver, M
O'Neal Y Orrock
Parham Y Parrish Y Parsons
Porter Powell Y Purcell Y Ralston Randall Y Ray E Reece, B Reece, S Y Rice Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Royal Y Rynders Sailor Y Scott Y Shaw Y Sheldon Sholar

1995
Y Smith, P Y Smith, T
Smith, V Smyre Y Snow Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Thomas, A.M Y Thompson Y Twiggs Walker, L Y Walker, R.L Y Warren Y Watson Westmoreland White Y Wilkinson Willard Williams, A Williams, E Y Williams, R Y Wix Yates Coleman, Speaker

On the adoption of the Resolution, the ayes were 131, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Royal of the 140th stated that 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 43.

By Representative Channell of the 77th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to certain sales to nonprofit organizations engaged primarily in archeological exploration and preservation; and for other purposes.

1996

JOURNAL OF THE HOUSE

The following Committee substitute was read and withdrawn:

A BILL
To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for an exemption with respect to sales of certain tangible personal property to, or used in the construction of, certain aquariums; to provide for conditions and limitations; to authorize and direct the Department of Revenue to enter into the Streamlined Sales and Use Tax Agreement with one or more states to simplify and modernize sales and use tax administration in order to substantially reduce the burden of tax compliance for all sellers and for all types of commerce; to provide for a short title; to provide for definitions; to authorize the Department of Revenue to act jointly with other states that are members of the agreement to establish standards for certification of certified service providers and certified automated systems and establish performance standards for multistate sellers; to provide for certain minimum standards; 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 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is amended in Code Section 48-8-3, relating to exemptions from state sales and use tax, by striking "or" at the end of paragraph (74), by striking the period at the end of paragraph (75) and inserting in its place "; or", and by adding a new paragraph immediately following paragraph (75) to be designated paragraph (76) to read as follows:
"(76) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from the effective date of this paragraph until January 1, 2007, sales of tangible personal property to, or used in the construction of, an aquarium owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code."
SECTION 2. Said chapter is further amended by adding a new article at the end thereof, to be designated Article 4, to read as follows:
"ARTICLE 4
48-8-160. This article shall be known and may be cited as the 'Uniform Sales and Use Tax Administration Act.'

MONDAY, APRIL 7, 2003

1997

48-8-161. As used in this article, the term:
(1) 'Agreement' means the Streamlined Sales and Use Tax Agreement. (2) 'Certified automated system' means software certified jointly by the states that are signatories to the agreement to calculate the tax imposed by each jurisdiction on a transaction, determine the amount of tax to remit to the appropriate state, and maintain a record of the transaction. (3) 'Certified service provider' means an agent certified jointly by the states that are signatories to the agreement to perform all of the sellers sales tax functions. (4) 'Person' means an individual, trust, estate, fiduciary, partnership, limited liability company, limited liability partnership, corporation, or any other legal entity. (5) 'Sales tax' means the tax levied under this article. (6) 'Seller' means any person making sales, leases, or rentals of personal property or services. (7) 'State' means any state of the United States and the District of Columbia. (8) 'Use tax' means the tax levied under this article.
48-8-162. The General Assembly finds that entering into an agreement with one or more states to simplify and modernize sales and use tax administration will substantially reduce the burden of tax compliance for all sellers and for all types of commerce.
48-8-163. The department is authorized to enter into the Streamlined Sales and Use Tax Agreement with one or more states to simplify and modernize sales and use tax administration in order to substantially reduce the burden of tax compliance for all sellers and for all types of commerce. In furtherance of the agreement, the department is authorized to act jointly with other states that are members of the agreement to establish standards for certification of a certified service provider and certified automated system and establish performance standards for multistate sellers. The department is further authorized to take other actions reasonably required to implement the provisions set forth in this article. Other actions authorized by this article include, but are not limited to, the adoption of rules and regulations and the joint procurement, with other member states, of goods and services in furtherance of the cooperative agreement. The department, or its designee, is authorized to represent this state before the other states that are signatories to the agreement.
48-8-164. No provision of the agreement authorized by this article in whole or part invalidates or amends any provision of the law of this state. Adoption of the agreement by this state does not amend or modify any law of this state. Implementation of any condition of the agreement in this state, whether adopted before, at, or after membership of this state in the agreement, must be by the action of this state.

1998

JOURNAL OF THE HOUSE

48-8-165. The agreement authorized by this article is an accord among individual cooperating sovereigns in furtherance of their governmental functions. The agreement provides a mechanism among the member states to establish and maintain a cooperative, simplified system for the application and administration of sales and use taxes under the duly adopted law of each member state.
48-8-166. (a) The agreement authorized by this article binds and inures only to the benefit of this state and the other member states. No person, other than a member state, is an intended beneficiary of the agreement. Any benefit to a person other than a state is established by the law of this state and the other member states and not by the terms of the agreement. (b) Consistent with subsection (a) of this Code section, no person shall have any cause of action or defense under the agreement or by virtue of this states approval of the agreement. No person may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of this state or any political subdivision of this state on the ground that the action or inaction is inconsistent with the agreement. (c) No law of this state, or the application thereof, may be declared invalid as to any person or circumstance on the ground that the provision or application is inconsistent with the agreement.
48-8-167. (a) A certified service provider is the agent of a seller with whom the certified service provider has contracted for the collection and remittance of sales and use taxes. As the sellers agent, the certified service provider is liable for sales and use tax due each member state on all sales transactions it processes for the seller except as set out in this Code section. A seller that contracts with a certified service provider is not liable to the state for sales or use tax due on transactions processed by the certified service provider unless the seller misrepresents the type of items it sells or commits fraud. In the absence of probable cause to believe that the seller has committed fraud or made a material misrepresentation, the seller is not subject to audit on the transactions processed by the certified service provider. A seller is subject to audit for transactions not processed by the certified service provider. The member states acting jointly may perform a system check of the seller and review the sellers procedures to determine if the certified service providers system is functioning properly and the extent to which the sellers transactions are being processed by the certified service provider. (b) A person that provides a certified automated system is responsible for the proper functioning of that system and is liable to the state for underpayments of tax attributable to errors in the functioning of the certified automated system. A seller that uses a certified automated system remains responsible and is liable to the state for reporting and remitting tax. (c) A seller that has a proprietary system for determining the amount of tax due on

MONDAY, APRIL 7, 2003

1999

transactions and has signed an agreement establishing a performance standard for that system is liable for the failure of the system to meet the performance standard."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Royal of the 140th, was read and adopted:

A BILL
To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for an exemption with respect to sales of certain tangible personal property to, or used in the construction of, certain aquariums; to provide for conditions and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is amended in Code Section 48-8-3, relating to exemptions from state sales and use tax, by striking "or" at the end of paragraph (74), by striking the period at the end of paragraph (75) and inserting in its place "; or", and by adding a new paragraph immediately following paragraph (75) to be designated paragraph (76) to read as follows:
"(76) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from the effective date of this paragraph until January 1, 2007, sales of tangible personal property to, or used in the construction of, an aquarium owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

2000

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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown
Bruce Y Buck
Buckner, D Y Buckner, G
Bunn Burkhalter Burmeister Y Butler Y Campbell Casas Y Chambers Y Channell Y Childers Y Coan Coleman, B Y Cooper Y Crawford Y Cummings

N Day Dean
Y Deloach Dix Dodson
Y Dollar N Dooley Y Douglas Y Drenner
Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D
Graves, T Y Greene
Greene-Johnson Y Hanner Y Harbin Y Harper
Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall
Hembree E Henson Y Hill, C

Y Hill, C.A Hill, V
Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson
Hugley Y Jackson
James Y Jamieson
Jenkins Y Jones
Jordan Y Joyce
Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Lunsford Y Maddox Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Millar Y Mills Mitchell

Y Mobley Y Moraitakis
Morris Y Mosby Y Mosley
Murphy, J Y Murphy, Q
Noel Oliver, B Y Oliver, M O'Neal Y Orrock Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Randall Y Ray E Reece, B Y Reece, S Y Rice Richardson Y Roberts, J Roberts, L Rogers, C Y Rogers, Ch. Y Royal Y Rynders Sailor Y Scott Y Shaw Y Sheldon Sholar

Y Sims Sinkfield
Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas, A Thomas, A.M Y Thompson Twiggs Walker, L Y Walker, R.L Y Warren Y Watson Westmoreland Y White Wilkinson Y Willard Williams, A Williams, E Y Williams, R Y Wix Yates Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 125, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Hembree of the 46th and Jenkins of the 93rd stated that they had been

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2001

called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 213. By Representatives Moraitakis of the 42nd, Post 4, Oliver of the 56th, Post 2, Ashe of the 42nd, Post 2, Wilkinson of the 41st, Teilhet of the 34th, Post 2 and others:
A BILL to amend Chapter 15 of Title 10 of the Official Code of Georgia Annotated, relating to business administration, so as to provide for restrictions on the information which may be printed on receipts for certain payment card transactions; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 15 of Title 10 of the Official Code of Georgia Annotated, relating to business administration, so as to change certain definitions; to provide for restrictions on information which may be printed on receipts for certain payment card transactions; to clarify the administrators duties and powers and procedure related to enforcement of this chapter; to provide for civil and criminal penalties; 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 15 of Title 10 of the Official Code of Georgia Annotated, relating to business administration, is amended in Code Section 10-15-1, relating to definitions, by striking the Code section and inserting in lieu thereof the following:
"10-15-1. As used in this chapter, the term:
(1) 'Administrator' means the administrator of the 'Fair Business Practices Act of 1975' appointed pursuant to subsection (a) of Code Section 10-1-395, or the administrators designee. (1)(2) '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

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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. (3) 'Cardholder' means any person or organization named on the face of a payment card to whom or for whose benefit the payment card is issued. (2)(4) '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)(5) 'Discard' means to throw away, get rid of, or eliminate. (4)(6) 'Dispose' means the sale or transfer of a record for value to a company or business engaged in the business of record destruction. (7) 'Merchant' means any person or governmental entity which receives from a cardholder a payment card or information from a payment card as the instrument for obtaining, purchasing, or receiving goods, services, money, or anything else of value from a person or governmental entity. (8) 'Payment card' means a credit card, charge card, debit card, or any other card that is issued to a cardholder and that allows the cardholder to obtain, purchase, or receive goods, services, money, or anything else of value from a merchant. (5)(9) '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)(10)(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)(11) 'Record' means any material on which written, drawn, printed, spoken, visual,

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2003

or electromagnetic information is recorded or preserved, regardless of physical form or characteristics. (12) 'Reencoder' means an electronic device that places encoded information from the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different payment card. (13) 'Scanning device' means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card."
SECTION 2. Said chapter is further amended by striking Code Sections 10-15-3 and 10-15-4, relating to the penalty for violation of Code Section 10-15-2, and inserting in lieu thereof the following:
"10-15-3. Reserved.
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.
10-15-3. (a) A merchant who accepts a payment card for the transaction of business shall not print more than five digits of the payment cards account number or print the payment cards expiration date on a receipt provided to the cardholder. This subsection applies only to receipts described in subsection (b) of this Code section and does not apply to a transaction in which the sole means of recording the payment cards account number or expiration date is by handwriting or by an imprint or copy of the payment card.
(b)(1) Effective July 1, 2004, subsection (a) of this Code section applies to receipts that are electronically printed using a cash register or other machine or device that is first used on or after July 1, 2004. (2) Effective July 1, 2006, subsection (a) of this Code section applies to all receipts that are electronically printed, including those printed using a cash register or other machine or device that is first used before July 1, 2004.
10-15-4. (a) No person shall use a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a

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payment card with the intent to defraud the authorized user, the issuer of the authorized users payment card, or a merchant. (b) No person shall use a reencoder to place information encoded on the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card with the intent to defraud the authorized user, the issuer of the authorized users payment card, or a merchant.
10-15-5. (a) The administrator shall be authorized to enforce the provisions of this chapter. (b) The administrator shall have the authority to investigate alleged violations of this chapter, including all investigative powers available under the 'Fair Business Practices Act of 1975,' Code Section 10-1-390, et seq., including, but not limited to, the power to issue investigative demands and subpoenas as provided in Code Sections 10-1-403 and 10-1-404. (c) Nothing contained in this Code section precludes law enforcement or prosecutorial agencies from investigating violations of Code Section 10-15-4.
10-15-6. (a) If the administrator determines, after notice and hearing, that a business has violated Code Section 10-15-2, the administrator may issue an administrative order imposing a penalty of 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. 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. (b) If the administrator determines, after notice and hearing, that a business has violated Code Section 10-15-3, the administrator may issue an administrative order imposing a penalty of not more than $250.00 for the first violation of Code Section 1015-3, and a penalty of $1,000.00 for a second or subsequent violation of Code Section 10-15-3. (c) The hearing and any administrative review in connection with alleged violations of Code Section 10-15-2 or 10-15-3 shall be conducted in accordance with the procedure for contested cases pursuant to the 'Georgia Administrative Procedures Act,' Code Section 50-13-1 et seq. Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the administrator shall have the right of judicial review in accordance with the 'Georgia Administrative Procedures Act.' (d) The administrator may file in the superior court of the county in which the person under an order resides, or if the person is a corporation, in the superior court of the county in which the corporation under an order maintains its principal place of business, or in the superior court of the county in which the violation occurred, a certified copy of or the final order of the administrator, whether or not the order was appealed. Thereafter the court shall render a judgment in accordance with the order and

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2005

notify the parties. The judgment shall have the same effect as a judgment rendered by the court.
10-15-7. (a) A violation of Code Section 10-15-4 shall be punishable by imprisonment for not less than one nor more than three years or a fine not to exceed $10,000.00, or both. Any person who commits a violation for the second or any subsequent offense shall be punished by imprisonment for not less than three nor more than ten years or a fine not to exceed $50,000.00, 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 the fraud. (c) Each violation of this article shall constitute a separate offense. (d) The Attorney General and prosecuting attorneys shall have the authority to conduct the prosecution for a violation of Code Section 10-15-4. (e) 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."
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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown
Bruce

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin

Y Hill, C.A Hill, V
Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson
James Y Jamieson Y Jenkins Y Jones
Jordan Y Joyce Y Keen Y Knox Y Lane

Y Mobley Y Moraitakis
Morris Y Mosby Y Mosley
Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock
Parham Y Parrish Y Parsons
Porter Y Powell Y Purcell Y Ralston

Y Sims Sinkfield
Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas, A

2006
Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene
Greene-Johnson Y Hanner Y Harbin Y Harper
Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree E Henson Y Hill, C

Y Lewis Y Lord Y Lucas
Lunsford Y Maddox
Mangham Y Manning Y Marin
Martin Y Massey Y Maxwell Y McBee
McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Randall Y Ray E Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J
Roberts, L Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Thomas, A.M Y Thompson
Twiggs Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Wilkinson Y Willard Williams, A Williams, E Y Williams, R Y Wix Y Yates Coleman, 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.

HB 777. By Representatives Floyd of the 132nd, Shaw of the 143rd, Skipper of the 116th, Parrish of the 102nd, Porter of the 119th and others:
A BILL to amend Article 3 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, so as to provide for letters of credit issued by the Federal Home Loan Bank to be accepted to secure state funds on deposit in state depositories; and for other purposes.

The report of the Committee, which was favorable to the 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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs

Y Day Y Dean Y Deloach Y Dix
Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Y Ehrhart

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley
Jackson James

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley
Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal

Y Sims Sinkfield
Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snow Y Stanley-Turner

Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown
Bruce Y Buck
Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell
Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

MONDAY, APRIL 7, 2003

Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene
Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree E Henson Y Hill, C

Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Orrock Parham
Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott
Shaw Y Sheldon Y Sholar

2007
Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A
Thomas, A.M Thompson Y Twiggs Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Williams, A Williams, E Y Williams, R Y Wix Y Yates Coleman, Speaker

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

HB 519. By Representatives Rogers of the 20th, Reece of the 21st, Mills of the 67th, Post 2, Amerson of the 9th, Murphy of the 14th, Post 2 and others:
A BILL to amend Code Section 12-3-318 of the Official Code of Georgia Annotated, relating to purposes for which income, gifts, grants, appropriations, bonds, or loans may be used by the Lake Lanier Islands Development Authority, so as to require certain allocation of certain funds received by the authority; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe

Y Day Dean
Y Deloach

Y Hill, C.A Y Hill, V Y Hines

Y Mobley Y Moraitakis Y Morris

Y Sims Y Sinkfield Y Skipper

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Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown
Bruce Y Buck
Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Dix Dodson
Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree E Henson Y Hill, C

Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley
Jackson James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Lucas Lunsford Y Maddox Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Mitchell

Y Mosby Y Mosley
Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock
Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Y Ray E Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott
Shaw Y Sheldon Y Sholar

Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White
Wilkinson Y Willard
Williams, A Williams, E Y Williams, R Y Wix Y Yates Coleman, Speaker

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

Representative Murphy of the 14th, Post 2 stated that 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:

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2009

The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 157. By Senators Cheeks of the 23rd and Fort of the 39th:
A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to declare a legislative intent to prohibit activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities; to provide that it shall be unlawful to engage in the business of making certain small loans; to provide for exemption for licensed and regulated activities; to define crimes and declare penalties; to provide for civil remedies of borrowers; to provide for civil penalties; to provide for collection of civil penalties in actions by the state or by private parties on behalf of the state; to provide for taxation of proceeds received; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

SB 157. By Senators Cheeks of the 23rd, Cagle of the 49th, Starr of the 44th and Stephens of the 51st:
A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to declare a legislative intent to prohibit activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities; to provide that it shall be unlawful to engage in the business of making certain small loans; to provide for exemption for licensed and regulated activities; to define crimes and declare penalties; to provide for civil remedies of borrowers; to provide for civil penalties; to provide for collection of civil penalties in actions by the state or by private parties on behalf of the state; to provide for taxation of proceeds received; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Banks and Banking.

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

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HB 427. By Representatives Powell of the 23rd, DeLoach of the 127th, Boggs of the 145th and Stoner of the 34th, Post 1:
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 authorize the Secretary of State to develop, program, and build ballots for use by counties and municipalities using direct recording electronic (DRE) voting systems; to require election superintendents to complete a certification program; to repeal the provisions of law establishing the Twenty-first Century Voting Commission and the pilot projects for electronic voting; to amend Code Section 50-12-101 of the Official Code of Georgia Annotated, relating to assignment of numbers by board to proposed constitutional amendments and Constitutions; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to clarify the definition of precinct; to authorize the Secretary of State to develop, program, and build ballots for use by counties and municipalities using direct recording electronic (DRE) voting systems; to require election superintendents to complete a certification program; to provide for content of such program; to change the requirements concerning the electronic filing of election returns by precinct; to provide that governments employing superintendents and chief registrars may be fined by the State Election Board for failing to have such employees complete certain training and certification; to provide for waivers of certification in certain instances; to change the information required on candidate affidavits; to change the qualifications of county registrars and deputy registrars; to revise the rules for determining residence for voter registration and candidate qualifying; to provide that persons shall not vote in a primary runoff held by any other party for offices to be filled in the same election; to require registrars to process promptly voter registration applications; to provide for the electronic transmission of voter registration applications from designated voter registration agencies; to change the time for challenging the right of certain persons to vote; to remove the limitation on how often the Secretary of State can compare the electors list to the change of address data base of the United States Postal Service; to provide for the arrangement of polling places where DRE units are used; to authorize the use of colored stripes or blocks to distinguish primary ballots; to authorize the precinct designation on absentee ballots to be printed or stamped; to authorize counties to contract with municipalities for the use of DRE voting systems; to

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repeal the provisions of law establishing the Twenty-first Century Voting Commission and the pilot projects for electronic voting; to provide that the ovals appearing on optical scanning ballots may be printed in red ink; to provide that the names of presidential electors shall not appear on the ballot on DRE units and optical scanning ballots; to provide for testing of DRE units prior to a run-off primary or run-off election; to provide for the transfer of the zero tapes, results tapes, and memory cards to the superintendent; to prohibit distribution of absentee ballot applications under certain circumstances; to provide for the use of DRE 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 provide for the storage of absentee ballot applications; to require certain poll officers to be present at least one hour prior to the opening of the polls; to prohibit certain persons from providing assistance in voting; to prohibit candidates from going to a polling place except to vote; to provide an exception for probate judges who serve as the election superintendent; to change the time to request a recount under certain circumstances; 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 clarify when a runoff is required and when such runoff shall be held; to require that appeals of election contests be heard by the Supreme Court; to require that DRE memory cards be returned to the proper officials after an election; to amend Code Section 50-12-101 of the Official Code of Georgia Annotated, relating to assignment of numbers by board to proposed constitutional amendments and Constitutions, so as to provide that the Constitutional Amendments Publication Board shall assign numbers or letters to state-wide referendums and shall prepare a short title or heading for such referendums; 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 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 paragraphs (13) and (14) of subsection (a) of Code Section 21-2-50, relating to the powers and duties of the Secretary of State, and inserting in lieu thereof new paragraphs (13), (14), and (15) to read as follows:
"(13) To prepare and furnish information for citizens on voter registration and voting;

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and (14) To maintain the official list of registered voters for this state and the list of inactive voters required by this chapter; and (15) To develop, program, and build ballots for use by counties and municipalities on direct recording electronic (DRE) voting systems in use in the state."
SECTION 3. Said chapter is further amended by striking paragraphs (13) and (14) of Code Section 212-70, relating to powers and duties of election superintendents, and inserting in lieu thereof new paragraphs (13), (14), and (15) to read as follows:
"(13) To conduct all elections in such manner as to guarantee the secrecy of the ballot and to perform such other duties as may be prescribed by law; and (14) To become certified by satisfactorily completing a certification program approved by the Secretary of State no later than January 1, 2007. Such program may include instruction on, and may require the superintendent to demonstrate proficiency in, the operation of the states direct recording electronic voting equipment and in state and federal law and procedures related to elections. In the case of boards of elections or boards of elections and registration, this requirement may be satisfied either by the certification of the members of the board or the boards designee; and (14)(15) To take an oath in the following form:
I, ____________________________, do swear (or affirm) that I will as superintendent duly attend the ensuing election (or primary) during the continuance thereof, that I will to the best of my ability prevent any fraud, deceit, or abuse in carrying on the same, that I will make a true and perfect return of the said election (or primary), and that I will at all times truly, impartially, and faithfully perform my duties in accordance with Georgia laws to the best of my judgment and ability."

SECTION 4. Said chapter is further amended by adding a new subsection (c) to Code Section 21-270.1, relating to municipal election superintendents, to read as follows:
"(c) As prescribed and directed by the Secretary of State, the municipal superintendent or, in the case of a board of elections or board of elections and registration, its designee shall satisfactorily complete a certification program approved by the Secretary of State no later than January 1, 2007. Such program may include instruction on, and may require the superintendent to demonstrate proficiency in, the operation of the voting equipment used in such superintendents municipality and in state and federal law and procedures related to elections."
SECTION 5. 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:

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2013

"(b) Beginning with the election cycle in the year 2002, the superintendent of elections of each county shall provide electronically to the Secretary of State, within 45 seven 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 6. Said chapter is further amended by striking subsection (e) of Code Section 21-2-100, relating to training of local election officials, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) A superintendent, the board of registrars, and the governing authority which employs the superintendent or board of registrars may be fined by the State Election Board for failure to attend the training required in this Code section."
SECTION 7. Said chapter is further amended by adding a new Code Section 21-2-101 to read as follows:
"21-2-101. (a) All election superintendents or, in the case of a board of elections or a board of elections and registration, the designee of such board charged with the daily operations of such board shall become certified by completing a certification program approved by the Secretary of State by no later than January 1, 2007. Such program may include instruction on, and may require the superintendent to demonstrate proficiency in, the operation of the states direct recording electronic voting equipment and in state and federal law and procedures related to elections. The local government employing the superintendent or designee shall cover the costs, if any, incurred by such superintendent or designees participation in the certification program. Such certification programs shall be offered by the Secretary of State on multiple occasions before January 1, 2007, and shall not exceed 64 hours of classroom, online, and practical instruction as authorized and approved by the Secretary of State. (b) A waiver of the certification requirement, either in whole or in part, may be granted by the Secretary of State, in the discretion of the Secretary of State, upon the presentation of evidence by the election superintendent or board that the individual was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the Secretary of State. (c) A superintendent and the governing authority which employs the superintendent may be fined by the State Election Board for failure to attain the certification required in this Code section."
SECTION 8. 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

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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; (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; and (10) Any other information as may be determined by the Secretary of State to be necessary to comply with federal and state law. 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 9. 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;

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(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; and (10) Any other information as may be determined by the Secretary of State to be necessary to comply with federal and state law."
SECTION 10. Said chapter is further amended by striking subsection (a) of Code Section 21-2-214, relating to qualifications of registrars and deputy registrars, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) County registrars and deputy registrars Members of the board of registrars shall be electors of the state and county in which they serve, and any deputy registrars shall be electors of the state. All registrars shall be able to read, write, and speak the English language. Municipal registrars shall be registered Georgia voters and shall be able to read, write, and speak the English language. Registrars and deputy registrars shall have never been convicted of a felony or of any crime involving fraud or moral turpitude, and the appointing authority shall be authorized to investigate the applicants criminal history before making such appointment."
SECTION 11. Said chapter is further amended by striking Code Section 21-2-217, relating to rules for determining residence, and inserting in lieu thereof a new Code Section 21-2-217 to read as follows:
"21-2-217. (a) In determining the residence of a person desiring to register to vote or to qualify to run for elective office, the following rules shall be followed so far as they are applicable:
(1) The residence of any person shall be held to be in that place in which such persons habitation is fixed, without any present intention of removing therefrom, and to which, whenever such person is absent, such person intends to return; (2) A person shall not be considered to have lost such persons residence who leaves such persons home and goes into another state or county or municipality in this state, for temporary purposes only, with the intention of returning, unless such person shall register to vote or perform other acts indicating a desire to change such persons citizenship and residence; (3) A person shall not be considered to have gained a residence in any county or

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municipality of this state into which such person has come for temporary purposes only without the intention of making such county or municipality such persons permanent place of abode; (4) If a person removes to another state with the intention of making it such persons residence, such person shall be considered to have lost such persons residence in this state; (4.1) If a person removes to another county or municipality in this state with the intention of making it such persons residence, such person shall be considered to have lost such persons residence in the former county or municipality in this state; (5) If a person removes to another state with the intention of remaining there an indefinite time and making such state such persons place of residence, such person shall be considered to have lost such persons residence in this state, notwithstanding that such person may intend to return at some indefinite future period; (6) If a person removes to another county or municipality within this state with the intention of remaining there an indefinite time and making such other county or municipality such persons place of residence, such person shall be considered to have lost such persons residence in the former county or municipality, notwithstanding that such person may intend to return at some indefinite future period; (7) The residence for voting purposes of a person shall not be required to be the same as the residence for voting purposes of his or her spouse; however, the dwelling place of a spouse may be considered in determining the residence of a voter or candidate; (8) No person shall be deemed to have gained or lost a residence by reason of such persons presence or absence while enrolled as a student at any college, university, or other institution of learning in this state; (9) The mere intention to acquire a new residence, without the fact of removal, shall avail nothing; neither shall the fact of removal without the intention; (10) No member of the armed forces of the United States shall be deemed to have acquired a residence in this state by reason of being stationed on duty in this state; (11) If a person removes to the District of Columbia or other federal territory, another state, or foreign country to engage in government service, such person shall not be considered to have lost such persons residence in this state during the period of such service; and the place where the person resided at the time of such persons removal shall be considered and held to be such persons place of residence; (12) If a person is adjudged mentally ill and is committed to an institution for the mentally ill, such person shall not be considered to have gained a residence for voting purposes in the county in which the institution to which such person is committed is located; (13) If a person goes into another state and while there exercises the right of a citizen by voting, such person shall be considered to have lost such persons residence in this state; and (14) The specific address in the county or municipality in which a person has declared a homestead exemption, if a homestead exemption has been claimed, shall be deemed the county or municipality of the persons residence address; and

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(15) For voter registration purposes, the board of registrars and, for candidacy residency purposes, the Secretary of State, election superintendent, or hearing officer may consider evidence of where immediate family members reside, where the person receives significant mail such as personal bills, and any other evidence that indicates where the person resides. (b) In determining a voters qualification to register and vote, the registrars to whom such application is made shall consider, in addition to the applicants expressed intent, any relevant circumstances determining the applicants residence. The registrars taking such registration may consider the applicants financial independence, business pursuits, employment, income sources, residence for income tax purposes, age, marital status, residence of parents, spouse, and children, if any, leaseholds, sites of personal and real property owned by the applicant, motor vehicle and other personal property registration, and other such factors that the registrars may reasonably deem necessary to determine the qualification of an applicant to vote in a primary or election. The decision of the registrars to whom such application is made shall be presumptive evidence of a persons residence for voting purposes. The same factors may be used and considered by the Secretary of State, the hearing officer, or the election superintendent, as the case may be, in determining the residence of a candidate for public office."
SECTION 12. Said chapter is further amended by adding a new subsection (l) to Code Section 21-2222, relating to designated voter registration agencies, to read as follows:
"(l) The Secretary of State shall have the authority to promulgate rules and regulations to provide for the transmission of voter registration applications and signatures electronically from public assistance offices, offices which provide state funded programs primarily engaged in providing services to persons with disabilities, and recruitment offices of the armed forces of the United States located within this state. Such electronically transmitted signatures shall be valid as signatures on the voter registration application and shall be treated in all respects as a manually written original signature and shall be recognized as such in any matter concerning the voter registration application."
SECTION 13. 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 or primary runoff held by any other party for the nomination of candidates

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to seek public offices to be filled in the same such election."
SECTION 14. Said chapter is further amended by striking subsection (a) of Code Section 21-2-230, relating to challenge of persons on electors list by other persons, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any elector of the county or municipality may challenge the right of any other elector of the county or municipality, whose name appears on the list of electors, to vote in an election. Such challenge shall be in writing and specify distinctly the grounds of such challenge. Such challenge may be made at any time prior to the elector whose right to vote is being challenged voting at the electors polling place or, if such elector cast an absentee ballot, prior to 12:00 Noon on the close of business on the day of before the election."
SECTION 15. Said chapter is further amended by striking subsection (a) of Code Section 21-2-233, relating to comparison of change of address information supplied by the United States Postal Service with the electors list, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The Secretary of State is authorized to cause at his or her discretion the official list of electors to be compared to the change of address information supplied by the United States Postal Service through its licensees periodically, but not more often than once each year, for the purpose of identifying those electors whose addresses have changed."
SECTION 16. Said chapter is further amended by striking subsection (a) of Code Section 21-2-267, relating to the arrangement of polling places, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The governing authority shall provide and the superintendent shall cause all rooms used as polling places to be provided with suitable heat and light and, in precincts in which ballots are used, with a sufficient number of voting compartments or booths with proper supplies in which the electors may conveniently mark their ballots, with a curtain, screen, or door in the upper part of the front of each compartment or booth so that in the marking thereof they may be screened from the observation of others. A curtain, screen, or door shall not be required, however, for the self-contained units used as voting booths in which vote recorders are located if such booths have been designed so as to ensure the privacy of the elector. When practicable, every polling place shall consist of a single room, every part of which is within the unobstructed view of those present therein and shall be furnished with a guardrail or barrier closing the inner portion of such room, which guardrail or barrier shall be so constructed and placed that only such persons as are inside such rail or barrier can approach within six feet of the ballot box and voting compartments, or booths, or voting machines, as the case may be. The ballot box and voting compartments or booths shall be so arranged in the voting

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room within the enclosed space as to be in full view of those persons in the room outside the guardrail or barrier. The voting machine or machines shall be placed in the voting rooms within the enclosed space so that, unless its construction shall otherwise require, the ballot labels on the face of the machine can be plainly seen by the poll officers when the machine is not occupied by an elector. In the case of direct recording electronic voting units, the units shall be arranged in such a manner as to ensure the privacy of the elector while voting on such units, to allow monitoring of the units by the poll officers while the polls are open, and to permit the public to observe the voting without affecting the privacy of the electors as they vote."
SECTION 17. Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 21-2-286, relating to printing specifications, numbering, and binding of ballots, and inserting a new paragraph (1) to read as follows:
"(b)(1) Paper ballots other than those printed for optical scanning voting systems shall be at least six inches long and four inches wide and shall have a margin extending beyond any printing thereon. They shall be printed with the same kind of type, which shall not be smaller than the size known as 'brevier' or 'eight-point body,' upon white paper of uniform quality, without any impression or mark to distinguish one from another, and with sufficient thickness to prevent the printed matter from showing through, except that ballots being used in primaries held by more than one party may be of different colors or may have colored stripes or blocks to distinguish the ballots if the parties so agree. Each ballot shall be attached to a name stub, and all the ballots for the same precinct shall be bound together in books of 25, 50, or 100, in such manner that each ballot may be detached from its stub and removed separately. The ballots for each party to be used at a primary shall be bound separately. The name stubs of the ballots shall be consecutively numbered; and, in the case of primary ballots, the number shall be preceded by an initial or abbreviation designating the party name. The number and initial or abbreviation which appears upon the stub shall also be printed in the upper portion of the front of the ballot, separated from the remainder of the ballot by a horizontal perforated line so as to constitute a number strip and so prepared that the upper portion of the front of the ballot containing the number may be detached from the ballot before it is deposited in the ballot box. The number strip on the ballot shall also have the following words printed thereon: 'Tear off before depositing ballot in ballot box.'"
SECTION 18. Said chapter is further amended by striking Code Section 21-2-287, relating to form of absentee ballots, and inserting in lieu thereof a new Code Section 21-2-287 to read as follows:
"21-2-287. The form for the absentee ballot shall be in substantially the same form as the official ballots used in the precincts, except it shall be printed with only the name stub and

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without a number strip and may have the precinct designation printed or stamped thereon."
SECTION 19. 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)(1) 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.
(2) Notwithstanding the provisions of Code Section 21-2-45, counties may not levy a fee for use of state owned voting equipment but may require municipalities to reimburse the county for the actual expenses related to the election or elections that are subject to the county and municipal contract."
SECTION 20. Said chapter is further amended by repealing Code Section 21-2-301, relating to a pilot program, which reads as follows:
"21-2-301. (a) The Secretary of State is authorized to conduct a pilot project to test and evaluate the use of electronic recording voting systems during the 2001 municipal elections. The Secretary of State in his or her discretion may select a number of municipalities to participate in such pilot program. (b) Electronic recording voting systems used in the pilot program shall meet the requirements contained in Part 5 of Article 9 of this chapter and shall have been certified by the Secretary of State as provided in Code Section 21-2-379.2. Such voting systems shall be required to have an independent audit trail for each vote cast. (c) The Secretary of State shall furnish the electronic recording voting systems to the selected municipalities for use in the pilot project, provided that the municipalities provide polling places with adequate electrical outlets, telephone lines, and other facilities necessary to operate such electronic recording voting systems. (d) The Secretary of State is authorized to use different types of electronic recording voting systems in the pilot project. However, the same type system must be used in all precincts within a municipality and there shall not be any other voting systems used in that municipality for voting at the polling places on election day unless there is an emergency declared by the Secretary of State due to the failure of the system or due to the inability for any reason of the electors to be able to cast their ballots on the system. In the event of such declared emergency situation, the Secretary of State may direct the use of any method of voting authorized by this chapter in the municipal election.
(e)(1) There is created the Twenty-first Century Voting Commission. The commission shall be composed of two members appointed by the Speaker of the House of Representatives, two members appointed by the Lieutenant Governor, two members appointed by the Governor, the chief information officer for the State of Georgia or his or her designee, eight members appointed by the Secretary of State of

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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. (2) The commission may work with the Board of Regents of the University System of Georgia and the Department of Education in seeking avenues and incentives to encourage student participation as poll workers and in other areas of the election process. (3) The commission shall make a report to the Governor and the General Assembly by December 31, 2001, on the results of the pilot project and shall further advise the Secretary of State on the choice of voting equipment to be used state wide in all counties pursuant to Code Section 21-2-300. (4) Any members of the General Assembly serving on the commission shall receive the allowances authorized for legislative members of interim legislative committees. The public members of the commission who are not public employees shall receive a daily expense allowance as provided in subsection (b) of Code Section 45-7-21. Any public employee serving on the commission shall receive no compensation but may be reimbursed for expenses. (5) The commission shall continue its work through December 31, 2002, after which time it shall stand abolished unless reauthorized and continued by the General Assembly. (6) The Commission shall have at least one meeting in North Georgia (outside of Atlanta), one meeting in Central Georgia, and one meeting in South Georgia."
SECTION 21. Said chapter is further amended by striking subsection (a) of Code Section 21-2-369, relating to printing of optical scanning ballots, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The ballots shall be printed in black ink upon clear, white, or colored material, of such size and arrangement as will suit the construction of the optical scanner, and in plain, clear type so as to be easily readable by persons with normal vision; provided, however, that red material shall not be used except that all ovals appearing on the ballot to indicate where a voter should mark to cast a vote may be printed in red ink."
SECTION 22. Said chapter is further amended by striking subsection (e) of Code Section 21-2-379.5,

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relating to ballot information, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) When presidential electors are to be elected, the ballot shall not list the individual names of the candidates for presidential electors but shall list the names of each political party and body and the names of the political party or body candidates for the office of President and Vice President. The individual names or the nominees of each political party or body for such offices shall be posted at each polling place with the sample ballots required by subsection (d) of Code Section 21-2-379.7 arranged alphabetically under the names of the candidates of the party or body for President and Vice President of the United States. A vote for the candidates for President and Vice President of a political party or body shall be deemed to be a vote for each of the candidates for presidential electors of such political party or body."
SECTION 23. Said chapter is further amended by striking subsection (c) of Code Section 21-2-379.6, relating to maintenance of voting systems and supplies, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) On or before the third day preceding a primary or election, including special primaries, special elections, and referendum elections, the superintendent shall have each DRE unit tested to ascertain that it will correctly count the votes cast for all offices and on all questions in a manner that the State Election Board shall prescribe by rule or regulation. On or before the third day preceding a primary runoff or election runoff, including special primary runoffs and special election runoffs, the superintendent shall test a number of DRE units at random to ascertain that the units will correctly count the votes cast for all offices. If the total number of DRE units in the county is 30 units or less, all of the units shall be tested. If the total number of DRE units in the county is more than 30 but not more than 100, then at least one-half of the units shall be tested at random. If there are more than 100 DRE units in the county, the superintendent shall test at least 15 percent of the units at random. In no event shall the superintendent test less than one DRE unit per precinct. All memory cards to be used in the runoff shall be tested. Public notice of the time and place of the test shall be made at least five days prior thereto. Representatives of political parties and bodies, news media, and the public shall be permitted to observe such tests."
SECTION 24. Said chapter is further amended by striking Code Section 21-2-379.11, relating to procedure for tabulation of votes, and inserting in lieu thereof a newCode Section 21-2379.11 to read as follows:
"21-2-379.11. (a) In primaries and elections in which direct recording electronic (DRE) voting equipment is used, the ballots shall be counted at the precinct or tabulating center under the direction of the superintendent. All persons who perform any duties at the tabulating center shall be deputized by the superintendent and only persons so

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deputized shall touch any ballot, container, paper, or machine utilized in the conduct of the count or be permitted to be in the immediate area designated for officers deputized to conduct the count. (b) All proceedings at the tabulating center and precincts shall be open to the view of the public, but no person except one employed and designated for the purpose by the superintendent or the superintendents authorized deputy shall touch any ballot, any DRE unit, or the tabulating equipment. (c) After the polls have closed and all voting in the precinct has ceased, the poll manager shall shut down the DRE units and extract the election results from each unit as follows:
(1) The manager shall obtain the tabulating results tape from each DRE unit and verify that the number of ballots cast as recorded on the tape matches the public count number as displayed on the DRE unit; (2) If a system is established by the Secretary of State, the poll manager shall first transmit the election results extracted from each DRE unit in each precinct via modem to the central tabulating center of the county; and (3) The manager shall then extract the ballot storage medium memory card from each DRE unit. (d) Upon completion of shutting down each DRE unit and extracting the election results, the manager shall cause to be completed and signed a ballot recap form, in sufficient counterparts, showing: (1) The number of valid ballots; (2) The number of spoiled and invalid ballots; (3) The number of provisional ballots; and (4) The number of unused provisional ballots and any other unused ballots. The manager shall cause to be placed in the ballot supply container one copy of the recap form and any unused, defective, spoiled, and invalid ballots, each enclosed in an envelope. (e) The manager shall wrap collect and retain the zero tape and the tabulating results tape for each DRE unit around the ballot storage medium and place such tapes with the memory card for that each unit and enclose all such items for all of the DRE units used in the precinct in an one envelope which shall be sealed and initialed by the manager so that it cannot be opened without breaking the seal. One envelope shall be used for the documentation for each DRE unit and all envelopes from the polling place shall be placed in an envelope container which shall also be sealed so that it cannot be opened without breaking the seal. (f) The manager and one poll worker shall then deliver the envelope container to the tabulating center for the county or municipality or to such other place designated by the superintendent and shall receive a receipt therefor. The copies of the recap forms, unused ballots, records, and other materials shall be returned to the designated location and retained as provided by law. (g) Upon receipt of the sealed envelopes envelope containing the zero tapes, tabulating results tapes, and ballot storage media memory cards, the election superintendent shall

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verify the signatures on the envelope. Once verified, the superintendent shall break the seal of the envelope and remove its contents. The superintendent shall then download the results stored on the ballot storage medium memory card from each DRE unit into the election management system located at the central tabulation point of the county in order to obtain election results for certification."
SECTION 25. 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. No application for an official absentee ballot that is physically attached to a publication that advocates for or against a particular candidate, issue, political party, or political body shall be distributed by any person, entity, or organization."
SECTION 26. 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 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

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until the challenge is resolved."
SECTION 27. 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 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

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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 voting systems, the 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 and the challenged ballots shall be counted or rejected in accordance with Code Section 212-230. The board of registrars or absentee ballot clerk shall promptly notify the elector of such challenge."
SECTION 28. Said chapter is further amended by striking Code Section 21-2-390, relating to delivery of election materials to clerk of superior court or city clerk after primary or election, and inserting in lieu thereof a new Code Section 21-2-390 to read as follows:
"21-2-390. All official absentee ballots, applications for such ballots, and envelopes on which the forms of affidavits and jurats appear shall be delivered to the clerk of the superior court or the city clerk upon the conclusion of the primary or election and shall be safely kept by him or her for the period required by law and then shall be destroyed. The applications for such ballots shall be retained by the board of registrars or the municipal absentee ballot clerk for at least 24 months and then may be destroyed. On the day following the primary or election, the board of registrars or the municipal absentee ballot clerk shall transmit all canceled, spoiled, and rejected absentee ballots and copies of requests for cancellation of absentee ballots to the clerk of the superior court or the city clerk to be held with other election materials as provided in Code Section 21-2500. The registrars or the municipal absentee ballot clerk shall also transmit an accounting of all absentee ballots, including the number furnished by the registrars or the municipal absentee ballot clerk, the number issued to electors, the number spoiled, and the number rejected."
SECTION 29. Said chapter is further amended by striking subsection (a) of Code Section 21-2-405, relating to meeting of poll officers at place of primary or election, an inserting in lieu thereof a new subsection (a) and adding a new subsection (e) to read as follows:
"(a) The chief manager and two assistant managers shall meet in the respective places appointed for holding the primary or election in each precinct at least one hour before the hour for opening the polls on the day of each primary or election. The other required poll officers shall meet in the respective places appointed for holding the primary or election in each precinct at least 30 minutes before the hour for opening the polls on the day of each primary or election. Before entering upon their duties at any primary or election, all poll officers shall take and subscribe in duplicate to the oaths required by this chapter." "(e) Nothing in this Code section shall prohibit a county or municipality from offering

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poll officers, other than the chief manager and assistant managers, the option of working part of an election day, rather than the entire day from the opening of the polls to the closing of the polls and completion of the required duties following the closing of the polls. In such cases, any poll officer who begins a shift of work after the opening of the polls shall take and subscribe the same oath as required of poll officers in subsection (a) of this Code section and shall handle such duties as assigned by the chief manager."
SECTION 30. 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 31. Said chapter is further amended by striking subsections (f) and (g) of Code Section 21-2414, relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place, and inserting in lieu thereof new subsections (f), (g), and (h) to read as follows:
"(f) No person whose name appears as a candidate on the ballot being voted upon at a primary, election, special primary, or special election, except a judge of the probate court serving as the election superintendent, shall physically enter any polling place other than the polling place at which that person is authorized to cast his or her ballot for that primary, election, special primary, or special election and, after casting his or her ballot, the candidate shall not return to such polling place until after the poll has closed and voting has ceased. Judges of the probate court serving as election superintendents shall enter polling places only as necessary to fulfill their duties as

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election superintendents and shall not engage in any practice prohibited by this Code section. (g) This Code section shall not be construed to prohibit a poll officer from distributing materials, as required by law, which are necessary for the purpose of instructing electors or from distributing materials prepared by the Secretary of State which are designed solely for the purpose of encouraging voter participation in the election being conducted. (g) (h) Any person who violates this Code section shall be guilty of a misdemeanor."
SECTION 32. Said chapter is further amended by striking subsection (g) of Code Section 21-2-480, relating to form and arrangement of optical scanning voting equipment, and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) When presidential electors are to be elected, the ballot shall not list the individual names of the candidates for presidential electors but shall list the names of each political party and body and the names of the political party or body candidates for the office of President and Vice President. The individual names or the nominees of each political party or body for such offices shall be posted at each polling place with the sample ballots required by subsection (c) of Code Section 21-2-375 arranged alphabetically under the names of the candidates of the party or body for President and Vice President of the United States. A vote for the candidates for President and Vice President of a political party or body shall be deemed to be a vote for each of the candidates for presidential electors of such political party or body."
SECTION 33. Said chapter is further amended by striking subsection (c) of Code Section 21-2-495, relating to procedure for recount or recanvass of vote, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Whenever the difference between the number of votes received by a candidate who has been declared nominated for an office in a primary election or who has been declared elected to an office in an election or who has been declared eligible for a runoff primary or election and the number of votes received by any other candidate or candidates not declared so nominated or elected or eligible for a runoff shall be not more than 1 percent of the total votes which were cast for such office therein, any such candidate or candidates receiving a sufficient number of votes so that the difference between his or her vote and that of a candidate declared nominated, elected, or eligible for a runoff is not more than 1 percent of the total votes cast, within a period of five two business days following the certification of the election results, shall have the right to a recount of the votes cast, if such request is made in writing by the losing candidate. If the office sought is a federal or state office voted upon by the electors of more than one county, the request shall be made to the Secretary of State who shall direct that the recount be performed in all counties in which electors voted for such office and notify the superintendents of the several counties involved of the request. In all other cases,

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the request shall be made to the superintendent. The superintendent or superintendents shall order a recount of such votes to be made immediately. If, upon such recount, it is determined that the original count was incorrect, the returns and all papers prepared by the superintendent, the superintendents, or the Secretary of State shall be corrected accordingly and the results recertified."
SECTION 34. 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."

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SECTION 35. Said chapter is further amended by striking subsections (a) and (g) of Code Section 21-2501, relating to number of votes required for election, and inserting in lieu thereof new subsections (a) and (g) to read as follows:
"(a) Except as otherwise provided in this Code section, no candidate shall be nominated for public office in any primary or special primary or elected to public office in any special election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. In instances where no candidate receives a majority of the votes cast, a run-off primary, special primary runoff, or special election runoff between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such run-off primary, special primary runoff, or special election runoff shall be held on the twenty-first day after the day of holding the preceding primary or special election, provided that, unless postponed by court order, a runoff in the case of a special primary or special election shall be held no sooner than the fourteenth day and no later than the twenty-first day after the day of holding the preceding special primary or special election, which run-off day shall be determined by the Secretary of State in a runoff to fill a federal or state office or by the superintendent in a runoff to fill a county or militia district office. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such run-off primary, special primary runoff, or special election runoff to fill the nomination or public office sought shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the special election run-off ballot in the independent column. The run-off primary, special primary runoff, or special election runoff shall be a continuation of the primary, special primary, or special election for the particular office concerned. Only the electors who were entitled duly registered to vote and not subsequently deemed disqualified to vote in the primary, special primary, or special election for candidates for that particular office shall be entitled to vote therein, and only those votes cast for the persons designated as candidates in such run-off primary, special primary runoff, or special election runoff shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run-off primary or special primary runoff in violation of Code Section 21-2-224." "(g) In the event that no candidate receives a plurality of the votes cast in a general election or more than one candidate in a general election, special election runoff, or run-off primary receives the highest number of votes cast, a runoff of the general election, special election runoff, or run-off primary between the candidates receiving the two highest numbers of votes shall be held. If more than one candidate in a general election receives a plurality of the votes cast, the candidate receiving the highest number of votes cast shall be declared the winner. Unless such date is postponed by a court order, such runoff shall be held on the twenty-first day after the day of holding the preceding general election, special election runoff, or run-off primary. If any candidate eligible to be in such runoff withdraws, dies, or is found to be ineligible, the remaining

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candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such runoff to fill the nomination or public office such candidate seeks shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the run-off election ballot in the independent column. The runoff of a run-off primary or special election runoff shall be a continuation of the primary or special election for the particular office concerned, and the run-off election of a general election shall be a continuation of the general election for the particular office concerned. Only the electors who were entitled duly registered to vote and not subsequently deemed disqualified to vote for that particular office in such primary or special election or general election, respectively, shall be entitled to vote therein, and only those votes cast for the persons designated as candidates in such runoff shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run-off primary in violation of Code Section 21-2-224."
SECTION 36. 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 37. Said chapter is further amended by striking paragraph (8) of Code Section 21-2-587, relating to frauds by poll officers, and inserting in lieu thereof a new paragraph (8) to read as follows:
"(8) Fails to return to the officials prescribed by this chapter, following any primary or election, any keys of a voting machine, ballot box, general or duplicate return sheet, tally paper, oaths of poll officers, affidavits of electors and others, record of assisted voters, numbered list of voters, electors list, voters certificate, spoiled, and canceled ballots or ballot cards, ballots or ballot cards deposited, written, or affixed in or upon a voting machine, DRE memory cards, or any certificate, or any other paper or record required to be returned under this chapter".
SECTION 38. Code Section 50-12-101 of the Official Code of Georgia Annotated, relating to assignment of numbers by board to proposed constitutional amendments and

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Constitutions, is amended by striking the Code section and inserting in lieu thereof a new Code Section 50-12-101 to read as follows:
"50-12-101. (a) The Constitutional Amendments Publication Board shall assign to each proposed constitutional amendment, and proposed new Constitution, and proposed state-wide referendum question a number or a letter, which shall be used for the purpose of publishing the amendments, and the Constitution, and the referendum questions. (b) The same number or letter which shall be assigned by the board to each proposed amendment and new Constitution item identified in subsection (a) of this Code section shall also be used by the Secretary of State when the Secretary of State shall determine the form of the ballot for each general election in which such proposals shall be submitted to the electors for ratification or rejection. (c) The board shall also assign to each proposed constitutional amendment and statewide referendum question a short title or heading of no more than 15 words that shall describe in summary form the substance of the proposal. The Secretary of State shall cause such short title or heading to be printed in boldface at the beginning of each proposed constitutional amendment and state-wide referendum question that appears on the ballot."
SECTION 39. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Day of the 126th moves to amend the Committee substitute to HB 427 as follows: Page 10, line 4 Delete "the close of business on" Page 10, Line 4, after the words of "ballot, prior to" Add "5:00 p.m. on".

The following amendment was read:

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Representatives Fludd of the 48th, Post 4 and Lunsford of the 85th, Post 2 move to amend the Committee substitute to HB 427 by striking lines 1 through 3 of page 8 and inserting in lieu thereof the following:
"(7) The residence for voting purposes of a person shall not be required to be the same as the residence for voting purposes of his or her spouse;".
By striking lines 28 and 29 of page 8 and inserting in lieu thereof the following:
"evidence of where the person receives significant mail such as personal bills and any other evidence that indicates where the".
By striking lines 4 through 6 of page 9 and inserting in lieu thereof the following: "for voting purposes.'"

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

Y Amerson Anderson
N Ashe Y Bannister Y Barnard N Barnes
Beasley-Teague N Benfield N Birdsong N Black N Boggs N Bordeaux N Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce N Buck Y Buckner, D
Buckner, G Bunn Burkhalter Y Burmeister Y Butler Y Campbell Casas N Chambers N Channell N Childers

N Day Dean
N Deloach N Dix N Dodson N Dollar Y Dooley Y Douglas N Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming N Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin N Gardner Y Golick Y Graves, D Y Graves, T N Greene Y Greene-Johnson N Hanner Y Harbin Y Harper N Harrell Y Heard, J Y Heard, K

Y Hill, C.A Y Hill, V Y Hines N Holmes N Houston Y Howard N Howell N Hudson Y Hugley Y Jackson Y James N Jamieson
Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane N Lewis N Lord Y Lucas Y Lunsford
Maddox Y Mangham N Manning N Marin Y Martin Y Massey N Maxwell Y McBee

Y Mobley N Moraitakis N Morris N Mosby N Mosley Y Murphy, J Y Murphy, Q Y Noel N Oliver, B N Oliver, M Y O'Neal Y Orrock
Parham N Parrish Y Parsons N Porter N Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson
Roberts, J Y Roberts, L N Rogers, C Y Rogers, Ch. Y Royal Y Rynders

Y Sims Sinkfield
N Skipper Y Smith, B Y Smith, L N Smith, P N Smith, T Y Smith, V
Smyre N Snow
Stanley-Turner N Stephens, E Y Stephens, R Y Stephenson N Stokes
Stoner N Teilhet N Teper Y Thomas, A Y Thomas, A.M N Thompson Y Twiggs Y Walker, L Y Walker, R.L N Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A

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Y Coan N Coleman, B Y Cooper Y Crawford N Cummings

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Y Heath Y Heckstall Y Hembree E Henson Y Hill, C

N McCall Y McClinton Y Millar Y Mills Y Mitchell

Sailor Y Scott N Shaw N Sheldon Y Sholar

Y Williams, E Y Williams, R N Wix Y Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 102, nays 59. The amendment was adopted.

The following amendment was read and adopted:

Representatives Ehrhart of the 28th and Sinkfield of the 50th move to amend the Committee substitute to HB 427 by inserting after "affidavits;" on line 10 of page 1 the following:
"to change certain provisions relating to qualification of candidates for party nomination in a state or county primary;".
By inserting after line 33 of page 5 the following:
"SECTION 8A. Said chapter is further amended by striking paragraph (1) of subsection (c) 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 the following:
'(c)(1) In the case of a general state or county primary, the candidates or their agents shall commence qualifying at 9:00 A.M. on the fourth Monday in April immediately prior to the state or county primary and shall cease qualifying at 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays; provided, however, that, in the case of a general primary held 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, the candidates or their agents for political party nomination to county offices shall commence qualifying at 9:00 A.M. on the third Wednesday in June immediately prior to such primary and shall cease qualifying at 12:00 Noon on the Friday following the third Wednesday in June, notwithstanding the fact that any such days may be legal holidays, and provided, further, that candidates for political party nomination to federal and state offices in a general primary shall commence qualifying at 9:00 A.M. on the third Wednesday in June immediately prior to such primary and shall cease qualifying at 12:00 Noon on the Friday following the third Wednesday in June, notwithstanding the fact that any

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such days may be legal holidays, and shall qualify in person or, in the case of illness or other providential cause as may be defined and determined by rule or regulation by the Secretary of State, by their agents with their respective political party in the state capitol under such rules and regulations as the Secretary of State may promulgate and provided, further, that all qualifying for federal and state offices on the last day of the qualifying period shall be conducted in the chamber of the House of Representatives in the state capitol. In the case of a special primary, the candidate shall qualify no earlier than the date of the call for the special primary and no later than 25 days prior to the date of such primary, and such qualifying period shall be open for a minimum of two and one-half days.'".
By inserting between lines 25 and 26 of page 6 the following:
"SECTION 9A. Said chapter is further amended by striking subsection (f) 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 the following:
'(f) Candidates for the office of presidential elector or their agents who have been nominated in accordance with the rules of a political party shall qualify beginning at 9:00 A.M. on the fourth Monday in April in the year in which a presidential election shall be held and shall cease qualifying at 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays; provided, however, that, for presidential elections held 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, candidates for the office of presidential elector who have been nominated in accordance with the rules of a political party shall commence qualifying beginning at 9:00 A.M. on the third Wednesday in June immediately prior to such election and shall cease qualifying at 12:00 Noon on the Friday following the third Wednesday in June, notwithstanding the fact that any such days may be legal holidays, and shall qualify in person or, in the case of illness or other providential cause as may be defined and determined by rule or regulation by the Secretary of State, by their agents with their respective political party in the state capitol under such rules and regulations as the Secretary of State may promulgate.'".

The following amendment was read:

Representatives Powell of the 23rd, Boggs of the 145th, and Skipper of the 116th move to amend the Committee substitute to HB 427 by inserting after "circumstances;" on line 28 on page 1 "to change the qualifications to vote by absentee ballot;" and by inserting after line 25 on page 16 the following:

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"SECTION 24A. Said chapter is further amended by striking Code Section 21-2-380, relating to definition of absentee elector, and inserting in lieu thereof a new Code Section 21-2-380 to read as follows:
'21-2-380. (a) As used in this article, the term "absentee elector" means an elector of this state or a municipality thereof who:
(1) Is required to be absent from his or her precinct during the time of the primary or election he or she desires to vote in; (2) Will perform any of the official acts or duties set forth in this chapter in connection with the primary or election he or she desires to vote in; (3) Because of physical disability or because of being required to give constant care to someone who is physically disabled, will be unable to be present at the polls on the day of such primary or election; (4) Because the election or primary falls upon a religious holiday observed by such elector, will be unable to be present at the polls on the day of such primary or election; (5) Is required to remain on duty in his or her place of employment for the protection of the health, life, or safety of the public during the entire time the polls are open when such place of employment is within the precinct in which the voter resides; or (6) Is 75 years of age or older. (b) An elector who casts an absentee ballot in person at the registrars office or absentee ballot clerks office during the period of Monday through Friday of the week immediately preceding the date of a primary, election, or run-off primary or election shall not be required to provide a reason as identified in subsection (a) of this Code section in order to cast an absentee ballot in such primary, election, or run-off primary or election.'"

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

Y Amerson Y Anderson Y Ashe N Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges

Day Y Dean Y Deloach Y Dix Y Dodson
Dollar Y Dooley N Douglas Y Drenner
Dukes N Ehrhart N Elrod Y Epps N Fleming

N Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell N Hudson Y Hugley Y Jackson
James Y Jamieson N Jenkins N Jones

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M
O'Neal Y Orrock Y Parham Y Parrish

Y Sims Sinkfield
Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson

N Brock Y Brooks Y Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan Y Coleman, B N Cooper N Crawford N Cummings

MONDAY, APRIL 7, 2003

Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner Y Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner N Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath N Heckstall N Hembree E Henson Y Hill, C

Y Jordan N Joyce N Keen N Knox Y Lane N Lewis N Lord
Lucas N Lunsford
Maddox Y Mangham N Manning Y Marin N Martin N Massey N Maxwell Y McBee Y McCall Y McClinton N Millar N Mills Y Mitchell

Y Parsons Y Porter Y Powell Y Purcell N Ralston Y Randall Y Ray E Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders Y Sailor N Scott Y Shaw N Sheldon Y Sholar

2037
Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L N Walker, R.L N Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 100, nays 68. The amendment was adopted.

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

The Committee substitute, as amended, was adopted.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield

N Day Dean
Y Deloach Y Dix Y Dodson N Dollar Y Dooley N Douglas

Y Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel

Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V

2038
Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn
Burkhalter N Burmeister N Butler N Campbell Y Casas N Chambers Y Channell Y Childers
Coan Y Coleman, B N Cooper N Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Drenner Y Dukes Y Ehrhart N Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner Y Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner N Harbin N Harper Y Harrell Y Heard, J Y Heard, K N Heath Y Heckstall N Hembree E Henson N Hill, C

Y Hugley Y Jackson Y James Y Jamieson Y Jenkins N Jones Y Jordan N Joyce N Keen N Knox Y Lane N Lewis Y Lord Y Lucas N Lunsford
Maddox Y Mangham Y Manning Y Marin N Martin N Massey N Maxwell Y McBee Y McCall Y McClinton N Millar N Mills Y Mitchell

Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell N Ralston Y Randall Y Ray E Reece, B N Reece, S N Rice N Richardson Y Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor N Scott Y Shaw N Sheldon Y Sholar

Smyre Y Snow Y Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White Y Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 115, nays 55.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Wilkinson of the 41st stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Sinkfield of the 50th District, Chairman of the Committee on Children and Youth, submitted the following report:
Mr. Speaker:
Your Committee on Children and Youth has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 866 Do Pass, as Amended

MONDAY, APRIL 7, 2003
Respectfully submitted, /s/ Sinkfield of the 50th
Chairman

2039

Representative Childers of the 13th District, Post 1, Chairman of the Committee on Health and Human Services, submitted the following report:
Mr. Speaker:
Your Committee on Health and Human Services has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 791 Do Pass, by Substitute

Respectfully submitted, /s/ Childers of the 13th, Post 1
Chairman

Representative Smyre of the 111th 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 407 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Representative Royal of the 140th District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:

2040

JOURNAL OF THE HOUSE

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

HB 68 HB 181 HB 549 HB 733

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

HB 744 Do Pass HB 794 Do Pass HR 587 Do Pass, by Substitute

Respectfully submitted, /s/ Royal of the 140th
Chairman

The following supplemental Rules Calendar was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR MONDAY, APRIL 7, 2003

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 07, 2003, by adding the following:

HB 122

General appropriations; FY 2003 - 2004

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

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HB 122. By Representatives Coleman of the 118th, Buck of the 112th, Skipper of the 116th, Westmoreland of the 86th, O`Neal of the 117th and others:

MONDAY, APRIL 7, 2003

2041

A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2003 ending June 30, 2004; and for other purposes.

The following Committee substitute was read:

A BILL

To make and provide appropriations for the State Fiscal Year beginning July 1, 2003, and ending June 30, 2004; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2003, and ending June 30, 2004, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves, new reserves, and a revenue estimate of $14,716,544,107 (excluding indigent trust fund receipts, tobacco fund receipts and lottery receipts) for State Fiscal Year 2004.

PART I. LEGISLATIVE BRANCH

Section 1. General Assembly. State Funds Personal Services - Staff Personal Services - Elected Officials Regular Operating Expenses Travel - Staff Travel - Elected Officials Capital Outlay Per Diem Differential Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees - Staff

$ 35,026,333

$ 18,715,526

$ 5,492,157

$ 2,620,440

$

117,000

$

3,500

$

0

$

0

$

979,000

$

77,950

$

7,500

$

678,000

$

144,857

2042

JOURNAL OF THE HOUSE

Contracts - Staff Per Diem and Fees - Elected Officials Contracts - Elected Officials Photography Expense Reimbursement Account Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$

82,500

$ 3,605,903

$

745,000

$

105,000

$ 1,652,000

$

0

$ 35,026,333

$ 35,026,333

Senate Functional Budgets
Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Total

Total Funds State Funds $ 6,371,083 $ 6,371,083 $ 1,131,638 $ 1,131,638 $ 1,440,872 $ 1,440,872 $ 8,943,593 $ 8,943,593

House Functional Budgets

House of Representatives and Research Office Speaker of the House's Office Clerk of the House's Office Total

Total Funds

$ 13,369,712 $

$

463,836 $

$ 1,588,358 $

$ 15,421,906 $

State Funds 13,369,712 463,836 1,588,358 15,421,906

Joint Functional Budgets

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight Committee Total

Total Funds State Funds

$ 3,012,971 $ 3,012,971

$ 2,299,811 $ 2,299,811

$ 1,196,907 $ 1,196,907

$ 3,727,137 $ 3,727,137

$

424,008 $

424,008

$ 10,660,834 $ 10,660,834

Functional Budgets Austerity Adjustments

Total Funds State Funds

$

0$

0

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House

MONDAY, APRIL 7, 2003

2043

thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.

The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees

$ 31,265,181

$ 26,364,506

$

854,100

$

500,000

$

0

$

20,000

$ 1,113,575

$

195,000

2044

JOURNAL OF THE HOUSE

Contracts Computer Charges Telecommunications Austerity Adjustments

Total Funds Budgeted State Funds Budgeted

$

0

$ 1,858,000

$

360,000

$

0

$ 31,265,181

$ 31,265,181

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 138,582,379

$ 16,528,169

$ 117,577,326

$ 4,740,977

$ 1,930,253

$

44,925

$

800,000

$

0

$

0

$ 141,621,650

$ 138,582,379

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 Office Of Dispute Resolution Total

Total Funds State Funds

$ 8,870,181 $ 7,549,815

$ 11,760,720 $ 11,670,720

$ 48,237,859 $ 48,237,859

$ 45,722,082 $ 44,178,177

$ 1,392,195 $ 1,392,195

$ 1,212,969 $ 1,212,969

$ 16,263,374 $ 16,178,374

$

251,782 $

251,782

$ 7,559,935 $ 7,559,935

$

350,553 $

350,553

$ 141,621,650 $ 138,582,379

Section 4. Department of Administrative Services. A. Budget Unit: State Funds - Department of
Administrative Services Personal Services

$ 38,072,191 $ 18,936,754

MONDAY, APRIL 7, 2003

2045

Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Rents and Maintenance Expense Direct Payments to Georgia Building Authority for
Capital Outlay Direct Payments to Georgia Building Authority for
Operations 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 Payments to Georgia Technology Authority Removal of Hazardous Waste Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 4,695,850

$

293,011

$

20,418

$

150,582

$ 2,682,284

$ 1,168,719

$

501,462

$

736,181

$

345,435

$

0

$ 2,350,000

$ 1,532,156

$ 6,014,012

$

445,222

$

33,950

$

47,045

$

72,750

$

37,439

$ 21,026,003

$

98,000

$ (2,038,605)

$ 59,148,668

$ 38,072,191

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 Austerity Adjustments Total

Total Funds State Funds

$ 30,704,554 $ 27,958,576

$ 13,042,845 $

383,912

$ 3,473,883 $ 3,436,262

$ 3,451,356 $

445,222

$ 1,503,345 $ 1,468,934

$ 1,050,608 $ 1,037,911

$

652,975 $

652,975

$ 2,662,192 $

385,413

$ 4,645,515 $ 4,341,591

$ (2,038,605) $ (2,038,605)

$ 59,148,668 $ 38,072,191

2046

JOURNAL OF THE HOUSE

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 Facilities Renovations and Repairs Payments to Department of Public Safety Building Access Control
Total Funds Budgeted
State Funds Budgeted

$

0

$ 16,338,690

$ 6,148,810

$

14,800

$

200,000

$

250,000

$

307,000

$

15,071

$

281,700

$

657,089

$ 3,173,776

$ 5,508,583

$ 8,282,914

$

510,229

$ 3,151,435 $ 1,670,244

$ 46,510,341

$

0

Departmental Functional Budgets

Executive Division Facilities Operations Property Resources Internal Operations Transportation External Operations Total

Total Funds State Funds

$ 2,378,741 $

0

$ 26,961,729 $

0

$ 7,646,451 $

0

$ 1,904,718 $

0

$ 3,207,888 $

0

$ 4,410,814 $

0

$ 46,510,341 $

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

$

0

$ 55,315,263

$ 5,370,000

$

640,000

$

0

$

185,485

$ 23,290,244

$ 4,117,263

$

6,000

MONDAY, APRIL 7, 2003
Per Diem and Fees Contracts Rents and Maintenance Expense Telephone Billings Radio Billings Materials for Resale Transfers to GIS Clearinghouse Austerity Adjustments
Total Funds Budgeted State Funds Budgeted
Section 5. Department of Agriculture. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Travel Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Market Bulletin Postage Payments to Athens and Tifton Veterinary
Laboratories Poultry Veterinary Diagnostic Laboratories in
Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe Veterinary Fees Indemnities Advertising Contract Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets Capital Outlay Contract - Federation of Southern Cooperatives Boll Weevil Eradication Program Austerity Adjustments
Total Funds Budgeted State Funds Budgeted

2047

$ 18,307,086

$ 3,249,000

$

0

$ 84,323,000

$

501,019

$ 1,901,830

$

0

$ (712,144)

$ 196,494,046

$

0

$ 39,749,920

$ 34,340,456

$ 4,344,894

$ 1,069,428

$

276,255

$

462,082

$

664,341

$ 1,208,440

$

398,176

$

33,500

$ 1,647,401

$ 1,138,240

$ 3,551,093

$ 3,210,351

$

142,000

$

10,000

$

425,000

$

653,000

$

0

$

40,000

$

0

$ (1,214,718)

$ 52,399,939

$ 39,749,920

2048

JOURNAL OF THE HOUSE

Departmental Functional Budgets
Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Austerity Adjustments Total

Total Funds

$ 9,039,449 $

$ 16,087,462 $

$ 7,949,805 $

$ 7,948,437 $

$

0$

$ 11,786,714 $

$

802,790 $

$ (1,214,718) $

$ 52,399,939 $

State Funds 7,560,275 13,080,327 4,199,805 7,636,437 0 8,487,794 0
(1,214,718) 39,749,920

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 10,783,377

$ 9,652,278

$

269,025

$

328,557

$

0

$

2,347

$

170,978

$

561,179

$

124,341

$

10,435

$

0

$ (335,763)

$ 10,783,377

$ 10,783,377

Section 7. Department of Community Affairs. State Funds Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges

$ 29,002,858

$ 70,834,093

$ 23,069,166

$ 1,979,687

$

611,739

$

0

$

166,022

$ 1,504,569

$

964,976

$

714,692

$

472,316

MONDAY, APRIL 7, 2003

2049

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 Austerity Adjustments
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted

$

536,967

$

0

$ 2,022,408

$

0

$

152,750

$ 30,000,000

$

315,000

$ 5,000,000

$ 2,947,155

$

0

$

0

$ 3,056,375

$

791,989

$ 2,880,000

$

0

$

0

$

314,000

$ 1,250,000

$ 50,000,000

$ 4,406,595

$ 1,000,000

$

495,000

$

200,000

$ (337,566)

$ 134,513,840

$ 70,834,093

$ 29,002,858

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 Funds State Funds

$

849,596 $

597,766

$ 4,425,570 $ 4,197,810

$ 37,013,745 $ 5,362,566

$ 9,003,438 $ 2,941,530

$ 7,801,845 $ 6,150,113

$ 2,365,403 $

628,493

$ 1,301,902 $

804,085

$ 66,733,588 $ 3,541,260

$ 5,116,801 $ 5,116,801

2050

JOURNAL OF THE HOUSE

One Georgia Austerity Adjustments Total

$

239,518 $

$ (337,566) $

$ 134,513,840 $

70,834,093 (337,566)
99,836,951

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 Austerity Adjustments
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted

$ 1,729,525,885

$ 48,116,681

$ 33,492,538

$ 8,676,868

$

388,883

$

0

$

75,136

$ 88,399,168

$ 1,819,274

$

965,696

$ 1,869,021

$ 413,573,765

$ 5,314,856,184

$ 1,097,500

$

16,757

$

183,244

$

514,826

$ 975,000,000

$

66,000

$

375,000

$

748,000

$ 4,012,890

$ 2,136,719

$

0

$ 3,772,911

$ 19,147,895

$ 8,391,183

$

438,900

$

460,013

$

116,400

$ (2,495,946)

$ 6,878,098,825

$ 48,116,681

$ 1,729,525,885

MONDAY, APRIL 7, 2003

2051

Departmental Functional Budgets

Commissioner's Office Community Affairs Medicaid Benefits, Penalties and Disallowances Medical Assistance Plans Managed Care and Quality Information Technology General Counsel Operations Financial Planning and Fiscal Policy Minority Health Women's Health Rural Health State Health Benefit Plan Public Employee Health Claims Georgia Board for Physician Workforce State Medical Education Board Composite Board of Medical Examiners Austerity Adjustments Total

Total Funds State Funds

$

880,738 $

559,000

$

361,222 $

180,611

$ 5,314,856,184 $ 1,692,350,534

$ 110,206,676 $ 11,211,054

$ 3,829,906 $ 1,913,309

$ 99,320,416 $ 16,352,624

$ 7,806,019 $ 3,740,402

$ 6,249,253 $ 2,323,442

$ 6,266,601 $ 2,733,587

$ 3,882,150 $ 2,464,198

$

692,556 $

473,337

$

489,205 $

471,231

$ 2,988,082 $ 2,591,085

$ 304,991,665 $

0

$ 975,000,000 $

0

$ 38,973,324 $ 38,973,324

$ 1,419,696 $ 1,419,696

$ 2,381,078 $ 2,381,078

$ (2,495,946) $ (2,495,946)

$ 6,878,098,825 $ 1,777,642,566

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

$ 59,659,187

$ 4,970,705

$

371,573

$

165,254

$

45,000

$

0

$

1,155

$

205,000

$

0

$

12,350

$

0

2052

JOURNAL OF THE HOUSE

Contracts PeachCare Benefits, Penalties and Disallowances Austerity Adjustments
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 Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Funding State Funds Budgeted

$ 8,005,806

$ 217,747,958

$

(74,401)

$ 226,479,695

$ 4,970,705

$ 59,659,187

$ 928,539,883

$ 588,419,118

$ 67,416,330

$ 2,150,611

$ 1,809,244

$ 3,897,917

$ 5,100,116

$ 8,246,849

$ 8,015,015

$

39,000

$ 79,573,562

$

41,381

$ 27,447,542

$ 1,300,000

$ 36,075,994

$ 6,450,000

$

0

$ 1,093,624

$ 4,268,025

$ 1,627,150

$

577,160

$ 1,450,000

$ 129,217,257

$

449,944

$

856,000

$ (15,656,152)

$ 959,865,687

$

450,000

$ 928,539,883

MONDAY, APRIL 7, 2003

2053

Departmental Functional Budgets
Executive Operations Administration Human Resources Field Probation Facilities Programs Austerity Adjustments Total

Total Funds State Funds $ 31,549,133 $ 31,099,133 $ 32,757,952 $ 32,757,952 $ 8,812,294 $ 8,812,294 $ 91,294,063 $ 87,012,914 $ 665,664,137 $ 647,533,691 $ 145,444,260 $ 136,980,051 $ (15,656,152) $ (15,656,152) $ 959,865,687 $ 928,539,883

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 Capital Leases Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 8,101,794

$ 18,043,682

$ 23,899,107

$

90,875

$

0

$

52,800

$

68,625

$

44,010

$ 1,004,973

$ 1,341,895

$

244,000

$

337,000

$

9,930

$ (256,705)

$ 44,880,192

$ 8,101,794

Departmental Functional Budgets
Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Austerity Adjustments Total

Total Funds State Funds

$ 2,717,218 $ 2,477,435

$ 7,795,834 $

985,832

$ 34,623,845 $ 4,895,232

$ (256,705) $ (256,705)

$ 44,880,192 $ 8,101,794

Section 11. State Board of Education.

2054

JOURNAL OF THE HOUSE

A. Budget Unit: State Funds - Department of Education
Tobacco Funds Operations: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Utilities Capital Outlay QBE Formula Grants: Kindergarten/Grades 1 - 3 Grades 4 - 8 Grades 9 - 12 Limited English-Speaking Students Program Alternative Programs Vocational Education Laboratories Special Education Gifted Remedial Education Additional Instruction Staff Development and Professional Development Media Indirect Cost Pupil Transportation 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

$ 5,907,410,668

$

0

$ 42,521,325

$ 5,823,851

$ 1,179,108

$

0

$

324,870

$ 1,148,443

$ 3,130,985

$ 42,400,452

$ 9,883,892

$

915,783

$

772,896

$ 30,569,700

$ 1,693,656,941

$ 1,558,335,891

$ 748,004,010

$ 66,740,638

$ 69,289,416

$ 196,506,716

$ 761,520,976

$ 176,850,170

$ 23,587,944

$ 48,738,995

$ 22,888,972

$ 147,220,233

$ 905,991,469

$ 164,772,246

$ (1,207,536,528)

$

0

$

0

$ 284,920,487

$ 6,352,443

$

826,722

$

385,000

$ 4,209,800

$ 56,733,463

MONDAY, APRIL 7, 2003
Payment of Federal Funds to Board of Technical and Adult Education
Vocational Research and Curriculum Title I-A Improving Basic Programs - LEA's Title I-B Even Start Instructional Services for the Handicapped Retirement (H.B. 272 and H.B. 1321) Title VI-A State Assessment Programs Tuition for the Multi-Handicapped PSAT School Lunch (Federal) Joint Evening Programs Education of Homeless Children/Youth Pay for Performance Pre-School Handicapped Program Mentor Teachers Environmental Science Grants Advanced Placement Exams Serve America Program Title IV-A1, Safe and Drug Free Schools School Lunch (State) Charter Schools Refugee School Impact Title V, Innovative Programs State and Local Education Improvement Health Insurance - Non-Cert. Personnel and Retired
Teachers Innovative Programs Title II Math/Science Grant (Federal) Migrant Education (State) Regional Education Service Agencies Severely Emotionally Disturbed Georgia Learning Resources System Special Education at State Institutions Byrd Honor Scholarships Title 1-F, Comprehensive School Reform Character Education National Teacher Certification Health Insurance Adjustment Principal Supplements Class Size Reduction Grants For School Nurses Reading and Math Programs

2055

$ 16,909,425

$

112,907

$ 309,883,868

$ 7,021,675

$ 191,495,397

$ 5,508,750

$

0

$ 1,790,940

$

733,805

$ 188,375,722

$

200,500

$ 1,546,542

$ 6,000,000

$ 22,691,157

$ 1,212,500

$

0

$ 1,608,000

$

150,000

$ 10,567,629

$ 37,934,355

$ 7,308,679

$

639,390

$ 9,389,202

$

0

$ 107,826,070

$

0

$

0

$

274,395

$ 11,261,541

$ 66,801,675

$ 4,986,505

$ 3,918,448

$ 1,188,000

$ 8,478,748

$

250,000

$ 4,774,779

$

0

$ 5,787,990

$

0

$

0

$ 77,407,508

2056

JOURNAL OF THE HOUSE

Student Testing Internet Access School Improvement Teams Communities in Schools Georgia Learning Connection Knowledge is Power Program Postsecondary Options Title I-C Migrant Education (Federal) Title I-D Neglected and Delinquent Title II-A Improving Teacher Quality Title II-D Enhancing Education Thru Technology Title III-A English Language Title IV-B 21st Century Communication Title VI-B Rural and Low-Income Temporary QBE Reduction Austerity Adjustments
Total Funds Budgeted Indirect DOAS Services Funding
Tobacco Funds Budgeted State Funds Budgeted

$ 9,365,926

$ 3,952,556

$ 1,703,826

$ 1,165,273

$

0

$

12,000

$ 4,015,000

$ 8,626,018

$ 2,000,255

$ 72,520,695

$ 17,764,034

$ 6,786,358

$ 8,691,764

$ 6,941,585

$ (156,764,424)

$ (13,304,151)

$ 6,956,180,126

$

0

$

0

$ 5,907,410,668

Departmental Functional Budgets
Policy and External Affairs Curriculum and Instruction Governor's Honors Program Finance and Business Operations Teacher and Student Support Information Technology Local Programs Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf Austerity Adjustments Total

Total Funds State Funds

$ 13,989,847 $ 11,960,252

$ 25,082,291 $ 6,679,156

$ 1,472,108 $ 1,394,519

$ 8,760,908 $ 3,287,441

$ 11,209,797 $

252,617

$ 17,784,136 $ 12,305,801

$ 6,872,075,248 $ 5,866,753,341

$ 6,203,856 $ 5,940,338

$ 5,995,408 $ 5,568,937

$ 6,910,678 $ 6,572,417

$ (13,304,151) $ (13,304,151)

$ 6,956,180,126 $ 5,907,410,668

B. Budget Unit: Lottery for Education Computers in the Classroom Distance Learning - Satellite Dishes Post Secondary Options Educational Technology Centers Assistive Technology

$

0

$

0

$

0

$

0

$

0

$

0

MONDAY, APRIL 7, 2003
Applied Technology Labs Financial and Management Equipment Alternative Programs Fort Discovery National Science Center Capital Outlay Learning Logic Sites Student Information System
Total Funds Budgeted Lottery Funds Budgeted
C. Budget Unit: Office of School Readiness Pre-Kindergarten - Grants Pre-Kindergarten - Personal Services Pre-Kindergarten - Operations Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Utilities Capital Outlay Federal Programs Standards of Care Austerity Adjustments
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

2057

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$ 1,259,986

$ 243,448,970

$ 1,981,565

$ 5,059,478

$ 1,194,788

$

36,500

$

50,000

$

0

$

0

$

0

$

5,000

$

0

$

3,000

$

11,000

$

0

$

0

$ 75,495,529

$

667,000

$

(40,302)

$ 327,912,528

$ 250,490,013

$ 1,259,986

$

617,000

$ 3,697,923

$

654,200

$

29,000

$

0

$

12,450

$ 1,269,708

$

345,740

2058

JOURNAL OF THE HOUSE

Telecommunications Per Diem and Fees Contracts Benefits to Retirees Austerity Adjustments

Total Funds Budgeted State Funds Budgeted

$

82,002

$

973,600

$ 2,526,000

$

617,000

$

0

$ 10,207,623

$

617,000

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 Capital Outlay Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 34,612,685

$ 31,408,202

$ 5,956,344

$

140,671

$ 1,042,852

$ 1,662,651

$

357,000

$

11,518

$

793,627

$

9,500

$

546,260

$

60,000

$

0

$

0

$ (1,119,818)

$ 40,868,807

$ 34,612,685

Departmental Functional Budgets

Reforestation Field Services General Administration and Support Austerity Adjustments Total

Total Funds $ 2,047,590 $ $ 35,843,626 $ $ 4,097,409 $ $ (1,119,818) $ $ 40,868,807 $

State Funds 15,734
31,787,515 3,929,254 (1,119,818) 34,612,685

Section 14. Georgia Bureau of Investigation. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$ 62,446,771

$ 50,501,368

$ 6,440,926

$

577,842

$

594,397

MONDAY, APRIL 7, 2003

2059

Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Evidence Purchased Capital Outlay Crime Victims Assistance Program Criminal Justice Grants Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$

584,424

$

592,820

$

692,945

$ 1,336,535

$ 2,231,277

$ 2,275,654

$

308,667

$

0

$ 1,500,000

$ 27,783,371

$ (1,994,622)

$ 93,425,604

$ 62,446,771

Departmental Functional Budgets

Administration Investigative Georgia Crime Information Center Forensic Sciences Criminal Justice Coordinating Council Austerity Adjustments Total

Total Funds $ 6,243,937 $ $ 27,904,642 $ $ 10,897,283 $ $ 19,040,377 $ $ 31,333,987 $ $ (1,994,622) $ $ 93,425,604 $

State Funds 6,243,937 27,904,642 10,897,283 19,040,377 355,154
(1,994,622) 62,446,771

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

$ 41,596,254

$ 22,252,005

$ 1,403,592

$

360,504

$

0

$

88,627

$

519,117

$ 1,297,456

$

586,282

$ 1,582,327

$ 6,805,652

$ 4,498,923

$

40,000

$ 3,861,681

$

358,595

$ 3,825,577

2060

JOURNAL OF THE HOUSE

Art Grants of Non-State Funds Humanities Grant - State Funds Art Acquisitions - State Funds Grants to Local Systems Grants - Local EMA Grants - Other Grants - Civil Air Patrol Registrations Troops to Teachers Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$

274,194

$

174,256

$

0

$

362,217

$ 1,085,000

$

0

$

57,000

$

0

$

111,930

$ (1,401,800)

$ 48,143,135

$ 41,596,254

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 Office of the Inspector General Office of Homeland Security Total

Total Funds

$ 8,488,293 $

$ 1,176,983 $

$ 9,894,332 $

$ 5,059,715 $

$ 4,724,713 $

$

732,903 $

$

460,602 $

$ 8,337,241 $

$ 6,799,192 $

$ 2,469,161 $

$

0$

$

0$

$ 48,143,135 $

State Funds 8,488,293 789,766 9,894,332 4,395,622 4,157,024 732,903 460,602 8,225,311 2,249,240 2,203,161 0 0
41,596,254

Section 16. Department of Human Resources. State Funds Tobacco Funds Brain and Spinal Trust Fund 1. General Administration and Support Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees

$ 1,394,629,363 $ 44,423,392 $ 2,000,000

$ 120,602,604

$ 5,490,493

$ 2,562,872

$

0

$

461,311

$ 8,976,224

$ 5,107,230

MONDAY, APRIL 7, 2003

2061

Contracts Computer Charges Telecommunications Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Major Maintenance and Construction Postage Payments to DCH-Medicaid Benefits Grants to County DFACS - Operations Brain and Spinal Trust Fund Benefits Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted
Brain and Spinal Trust Fund State Funds Budgeted

$ 39,361,144

$ 57,334,409

$ 16,842,894

$

125,000

$

0

$ 89,801,955

$

163,451

$ 2,095,936

$ 33,961,019

$

0

$ 1,850,000

$ (2,549,730)

$ 382,186,812

$

0

$ 8,278,248

$ 2,000,000

$ 181,588,670

Departmental Functional Budgets

Total Funds

Commissioner's Office

$ 1,223,055 $

Office of Planning and Budget Services

$ 4,221,232 $

Office of Adoptions

$ 9,254,608 $

Children's Community Based Initiative

$ 10,181,314 $

Human Resources and Organization Development $ 1,186,975 $

Computer Services

$ 72,544,996 $

Technology and Support

$ 17,313,914 $

Facilities Management

$ 6,772,101 $

Regulatory Services - Program Direction and Support $

987,566 $

Child Care Licensing

$ 3,810,638 $

Health Care Facilities Regulation

$ 12,240,016 $

Office of Investigation

$ 6,739,540 $

Office of Financial Services

$ 10,206,617 $

Office of Audits

$ 2,526,041 $

Human Resource Management

$ 6,702,562 $

Transportation Services

$ 20,049,247 $

Office of Facilities and Support Services

$ 18,699,672 $

Indirect Cost

$

0$

Policy and Government Services

$

929,950 $

Aging Services

$ 98,210,702 $

DDSA Council

$ 1,607,263 $

Brain and Spinal Trust Fund Benefits

$ 2,000,000 $

State Funds 1,223,055 4,192,715 5,757,744 9,906,314 1,186,975 34,782,324 13,642,387 5,472,068 713,053 3,707,769 5,909,351 1,957,120 5,816,907 2,526,041 6,702,562 2,880,864 18,699,672
(16,207,310) 929,950
65,199,006 29,767
2,000,000

2062

JOURNAL OF THE HOUSE

Office of Child Support Enforcement Austerity Adjustments Total

$ 77,328,533 $ 17,388,314 $ (2,549,730) $ (2,549,730) $ 382,186,812 $ 191,866,918

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 Postage Medical Benefits Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$ 56,919,154

$ 77,633,887

$

925,467

$

0

$

195,367

$ 1,509,862

$ 1,173,488

$ 10,872,863

$

0

$ 1,137,699

$

408,000

$ 28,528,851

$ 158,869,662

$

196,235

$ 6,138,072

$ (2,079,597)

$ 342,429,010

$

0

$ 22,548,788

$ 168,223,220

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

Total Funds

$ 13,492,725 $

$ 5,392,983 $

$ 2,903,473 $

$ 2,195,951 $

$ 6,740,555 $

$ 5,385,227 $

$ 3,289,533 $

$ 11,820,479 $

$ 85,325,463 $

$ 71,038,625 $

$ 13,153,079 $

$ 3,651,641 $

$

593,232 $

State Funds 13,335,157 2,415,625 2,578,298 985,089 5,973,736 5,385,227 1,013,946 4,850,000 0 70,052,074 6,214,767 2,208,293 477,088

MONDAY, APRIL 7, 2003

2063

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 Public Health - Division Indirect Cost Austerity Adjustments Total
3. Family and Children Services Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Children's Trust Fund Cash Benefits Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Postage

$ 4,112,209 $ 3,702,969

$ 1,702,964 $

0

$ 5,909,784 $ 4,310,823

$ 2,272,913 $ 1,416,761

$

902,516 $

680,655

$ 2,827,535 $ 1,159,976

$ 1,639,391 $ 1,639,391

$

0$

0

$ 8,150,968 $ 7,665,968

$ 3,091,866 $ 2,813,800

$ 2,264,558 $ 1,983,776

$

856,370 $

856,370

$ 2,140,668 $ 1,609,193

$ 8,124,485 $ 7,854,485

$

294,270 $

294,270

$ 22,043,507 $ 15,181,790

$ 12,152,398 $ 4,079,320

$ 12,670,466 $ 2,975,905

$

78,467 $

60,970

$ 13,074,928 $ 10,482,402

$

455,988 $

343,983

$ 14,759,390 $ 12,274,397

$

0 $ (4,024,899)

$ (2,079,597) $ (2,079,597)

$ 342,429,010 $ 190,772,008

$ 14,395,273

$ 3,414,939

$ 1,246,317

$

0

$

237,019

$

492,702

$ 6,981,954

$ 8,877,713

$

0

$

688,660

$ 7,630,688

$ 123,303,498

$ 7,187,714

$ 461,111,917

$ 31,112,611

$ 2,401,505

2064

JOURNAL OF THE HOUSE

Grants to County DFACS - Operations Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$ 390,673,516 $ (6,150,579) $ 1,053,605,447

$

0

$ 3,341,218

$ 446,859,869

Departmental Functional Budgets

Director's Office

$

Social Services

$

Fiscal Management

$

Quality Assurance

$

Community Services

$

Field Management

$

Professional Development

$

Economic Support

$

Child Care and Parent Services

$

Temporary Assistance for Needy Families

$

SSI - Supplemental Benefits

$

Refugee Programs

$

Energy Benefits

$

County DFACS Operations - Eligibility

$

County DFACS Operations - Social Services

$

Food Stamp Issuance

$

County DFACS Operations - Homemakers Services $

County DFACS Operations - Joint and

$

Administration

County DFACS Operations - Employability Program $

Employability Benefits

$

Legal Services

$

Family Foster Care

$

Institutional Foster Care

$

Specialized Foster Care

$

Adoption Supplement

$

Prevention of Foster Care

$

Troubled Children

$

Child Day Care

$

Special Projects

$

Children's Trust Fund

$

Indirect Cost

$

Austerity Adjustments

$

Total Funds 1,076,144 $ 7,339,269 $ 4,633,581 $ 3,823,650 $ 14,183,762 $ 2,875,447 $ 5,455,522 $ 3,077,411 $ 501,277 $
114,134,948 $ 0$
2,795,420 $ 7,223,130 $ 116,110,857 $ 149,330,329 $ 3,190,752 $ 7,802,877 $ 91,662,836 $
26,466,617 $ 43,105,900 $
6,546,322 $ 70,122,403 $ 51,134,630 $ 12,631,268 $ 44,855,747 $ 15,744,598 $ 61,262,815 $ 181,025,622 $ 4,012,204 $ 7,630,688 $
0$ (6,150,579) $

State Funds 1,076,144 6,149,798 2,647,752 3,823,650 1,959,279 2,875,447 3,461,821 3,077,411 501,277
54,109,878 0 0 0
51,155,039 65,238,060
0 0 44,179,884
10,571,448 10,743,985
2,670,531 39,387,938 29,524,448 7,202,296 25,591,338 2,069,048 33,074,436 56,641,937 3,972,204 7,630,688 (12,984,071) (6,150,579)

MONDAY, APRIL 7, 2003

2065

Total

$ 1,053,605,447 $ 450,201,087

4. Community Mental Health/Mental Retardation and Institutions:
Personal Services Operating Expenses Motor Vehicle Equipment Purchases Utilities Major Maintenance and Construction Community Services Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$ 299,844,144

$ 60,118,499

$

200,000

$ 9,483,000

$ 1,991,161

$ 484,938,844

$ (5,464,175)

$ 851,111,473

$

0

$ 10,255,138

$ 597,957,604

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 Austerity Adjustments Total

Total Funds State Funds $ 31,305,973 $ 17,736,049 $ 21,582,945 $ 15,669,352 $ 34,888,333 $ 24,275,474 $ 41,155,565 $ 30,039,601 $ 117,989,269 $ 68,150,801 $ 21,666,710 $ 17,211,203 $ 48,353,150 $ 19,765,949 $ 23,303,978 $ 18,470,364 $ 4,259,012 $ 3,318,322 $ 206,140,053 $ 199,149,315 $ 179,768,002 $ 137,302,824 $ 100,936,531 $ 47,744,520 $ 15,362,161 $ 9,011,477 $ 9,863,966 $ 5,831,666 $ (5,464,175) $ (5,464,175) $ 851,111,473 $ 608,212,742

Budget Unit Object Classes:

Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$ 491,761,175

$ 86,539,319

$ 4,734,656

$

200,000

2066

JOURNAL OF THE HOUSE

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 Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted
Brain and Spinal Trust Fund 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

$

893,697

$ 10,978,788

$ 13,262,672

$ 59,111,720

$ 57,334,409

$ 18,669,253

$ 60,118,499

$ 484,938,844

$

0

$ 7,630,688

$ 123,303,498

$ 7,720,714

$ 461,111,917

$ 149,443,417

$ 158,869,662

$ 2,154,612

$ 9,483,000

$ 4,693,676

$ 33,961,019

$ 390,673,516

$ 6,138,072

$ 1,850,000

$ (16,244,081)

$ 2,629,332,742

$ 2,000,000

$ 44,423,392

$

$ 1,394,629,363

$ 46,616,291

$

0

$ 12,910,395

$ 1,211,202

$

608,806

$

20,000

$

62,597

$

391,336

$

837,119

$

442,215

$

44,200

$ 1,304,286

MONDAY, APRIL 7, 2003

2067

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 Austerity Adjustments
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted

$

240,600

$ 9,474,895

$ 20,000,000

$

0

$

50,000

$

0

$

0

$

0

$

0

$ (981,360)

$ 46,616,291

$

0

$ 46,616,291

Departmental Functional Budgets

Administration Economic Development Trade Tourism Film Austerity Adjustments Total

Total Funds

$ 31,920,731 $

$ 7,323,976 $

$ 3,040,783 $

$ 4,686,669 $

$

625,492 $

$ (981,360) $

$ 46,616,291 $

State Funds 31,920,731 7,323,976 3,040,783 4,686,669 625,492 (981,360) 46,616,291

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 15,625,219

$ 14,633,533

$

702,947

$

433,030

$

80,176

$

20,000

$

223,000

$

601,164

$

367,614

$

86,042

$

0

$

0

$ (485,787)

$ 16,661,719

$ 15,625,219

2068

JOURNAL OF THE HOUSE

Departmental Functional Budgets

Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile Home Regulations Special Insurance Fraud Fund Austerity Adjustments Total

Total Funds State Funds

$ 5,443,062 $ 5,443,062

$ 5,757,360 $ 5,757,360

$

510,639 $

510,639

$ 4,862,592 $ 3,826,092

$

573,853 $

573,853

$ (485,787) $ (485,787)

$ 16,661,719 $ 15,625,219

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 282,931,230

$ 177,467,384

$ 15,179,710

$ 2,147,151

$

214,143

$

705,389

$ 3,396,702

$ 3,171,474

$ 2,379,049

$ 5,253,603

$ 4,519,873

$ 3,409,031

$

400,000

$

0

$ 86,013,372

$

0

$

0

$

0

$

200,000

$ 1,687,100

$ (5,035,644)

$ 301,108,337

$ 282,931,230

Departmental Functional Budgets

Regional Youth Development Centers Youth Development Centers YDC Purchased Services

Total Funds State Funds $ 83,588,989 $ 82,085,029 $ 77,184,384 $ 74,936,965 $ 28,570,085 $ 27,666,278

MONDAY, APRIL 7, 2003

2069

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 Austerity Adjustments Total

$ 34,568,407 $ 30,063,600

$

577,900 $

577,900

$ 1,875,997 $ 1,875,997

$ 48,302,352 $ 41,305,836

$ 1,399,858 $ 1,399,858

$ 1,004,642 $ 1,004,642

$ 4,245,666 $ 4,155,666

$ 18,783,121 $ 18,762,523

$ 3,276,038 $ 3,276,038

$ 2,766,542 $

856,542

$ (5,035,644) $ (5,035,644)

$ 301,108,337 $ 282,931,230

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 15,996,967

$ 90,237,849

$ 7,405,831

$ 1,481,527

$

34,858

$

566,309

$ 2,710,148

$ 2,874,629

$ 2,030,660

$ 54,500,000

$ 2,778,378

$ 1,323,287

$

0

$ 1,287,478

$

0

$ (830,637)

$ 166,400,317

$ 15,996,967

B. Budget Unit: State Funds - Division Of
Rehabilitation Services
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals

$ 28,263,667

$ 93,115,483

$ 13,928,245

$ 2,003,747

$

39,095

$ 1,081,290

$ 6,090,455

2070

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 Capital Outlay Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Services Funding State Funds Budgeted

$ 7,177,826

$ 4,462,857

$ 2,573,235

$ 3,138,419

$ 41,304,191

$ 1,052,688

$ 12,820,953

$

0

$

0

$

0

$

255,000

$ (575,671)

$ 188,467,813

$

150,000

$ 28,263,667

Departmental Functional Budgets

Vocational Rehabilitation Services Business Enterprise Program Administration Disability Adjudication Georgia Industries for the Blind Roosevelt Warm Springs Institute Austerity Adjustments Total

Total Funds State Funds

$ 86,799,511 $ 18,409,634

$ 1,661,454 $

358,326

$ 3,931,592 $ 2,453,946

$ 55,297,080 $

0

$ 11,821,908 $

722,533

$ 29,531,939 $ 6,894,899

$ (575,671) $ (575,671)

$ 188,467,813 $ 28,263,667

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 Transfer Funds to Governor's Office

$ 14,712,427

$ 15,150,887

$

705,564

$

181,781

$

0

$

0

$

299,269

$

837,469

$

192,258

$ 19,414,422

$

0

$

197,158

$

0

MONDAY, APRIL 7, 2003

Austerity Adjustments

Total Funds Budgeted State Funds Budgeted

Section 22. Merit System of Personnel Administration.
State Funds Personal Services Regular Operating Expenses Travel Equipment Real Estate Rents Per Diem and Fees Contracts Computer Charges Telecommunications Payments to State Treasury
Total Funds Budgeted
Federal Funds Other Agency Funds Agency Assessments Deferred Compensation State Funds Budgeted

Section 23. Department of Motor Vehicle Safety. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Motor Vehicle Tag Purchase Post Repairs Conviction Reports Driver's License Processing Postage

2071
$ (470,793) $ 36,508,015 $ 14,712,427

$

0

$ 8,795,573

$ 1,073,018

$

83,213

$

0

$

696,904

$

285,350

$

874,311

$ 1,774,772

$

173,863

$ 1,920,859

$ 15,677,863

$

0

$ 1,573,733

$ 13,176,154

$

927,976

$

0

$ 80,235,778

$ 60,868,933

$ 8,072,954

$

465,062

$

332,206

$

345,335

$ 12,461,537

$ 2,792,509

$ 2,979,499

$

481,198

$ 1,318,987

$

0

$

0

$

0

$

348,651

$ 3,459,434

$

750,000

2072

JOURNAL OF THE HOUSE

Investment for Modernization Austerity Adjustments
Total Funds Budgeted
Department of Transportation Permit Funds Indirect DOAS Funding State Funds Budgeted

$

0

$ (2,786,634)

$ 91,889,671

$ 7,196,898

$ 1,960,000

$ 80,235,778

Departmental Functional Budgets

Administration Operations Enforcement Austerity Adjustments Total

Total Funds $ 33,662,582 $ $ 44,942,101 $ $ 16,071,622 $ $ (2,786,634) $ $ 91,889,671 $

State Funds 28,375,997 44,942,101 9,704,314 (2,786,634) 80,235,778

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

$ 105,014,396

$ 90,222,855

$ 15,409,186

$

813,926

$

796,745

$ 1,771,816

$ 3,291,804

$ 1,268,551

$ 7,313,734

$

734,140

$ 1,399,335

$

0

$

690,000

$ 1,333,300

$

860,176

$ 4,560,913

$

982,330

$

500,000

$

800,000

$

341,000

$

0

MONDAY, APRIL 7, 2003

2073

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 Payments to McIntosh County Payments to Baker County Payments to Calhoun County Payments to Georgia Agrirama Development Authority for operations Community Green Space Grants Austerity Adjustments
Total Funds Budgeted
Receipts from Jekyll Island State Park Authority Receipts from Stone Mountain Memorial
Association Receipts from Lake Lanier Islands
Development Authority Receipts from North Georgia Mountain Authority
Indirect DOAS Funding State Funds Budgeted

$

0

$

58,938

$ 4,595,077

$ 3,132,574

$

0

$ 1,770,602

$

487,657

$

100,000

$

31,000

$

24,000

$

996,387

$

0

$ (2,981,693)

$ 141,304,353

$

840,190

$

0

$ 1,331,931

$ 1,434,982

$

200,000

$ 105,014,396

Departmental Functional Budgets

Commissioner's Office Program Support Historic Preservation Parks, Recreation and Historic Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Assistance Austerity Adjustments Total

Total Funds

$ 5,118,587 $

$ 7,504,005 $

$ 2,764,307 $

$ 41,620,455 $

$ 2,583,584 $

$ 37,310,755 $

$ 46,917,692 $

$

466,661 $

$ (2,981,693) $

$ 141,304,353 $

State Funds 5,071,321 7,504,005 2,274,307 21,678,666 2,412,722 31,978,784 36,713,536 362,748
(2,981,693) 105,014,396

2074

JOURNAL OF THE HOUSE

B. Budget Unit: State Funds - Georgia Agricultural Exposition Authority
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Austerity Adjustments
Total Funds Budgeted State Funds Budgeted
C. Budget Unit: State Funds - Georgia Agrirama Development Authority
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Goods for Resale Austerity Adjustments
Total Funds Budgeted State Funds Budgeted
Section 25. State Board of Pardons and Paroles. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$

0

$ 3,267,771

$ 2,349,303

$

10,000

$

0

$

36,796

$

20,000

$

0

$

80,000

$

89,167

$

754,000

$

0

$

(38,988)

$ 6,568,049

$

0

$

0

$ 1,292,672

$

251,385

$

5,792

$

0

$

7,000

$

5,792

$

0

$

12,000

$

500

$

68,768

$

152,750

$

120,000

$

(20,250)

$ 1,896,409

$

0

$ 47,914,053

$ 40,688,897

$ 1,433,825

$

431,800

$

0

MONDAY, APRIL 7, 2003

2075

Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts County Jail Subsidy Health Services Purchases Austerity Adjustments

Total Funds Budgeted State Funds Budgeted

$

291,500

$

591,200

$ 3,015,194

$ 1,065,600

$

523,304

$

740,679

$

617,500

$

20,000

$ (1,505,446)

$ 47,914,053

$ 47,914,053

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 Austerity Adjustments

$ 79,635,324

$ 70,677,998

$ 8,195,366

$

76,895

$ 2,876,986

$

375,304

$

985,500

$

181,470

$ 2,091,380

$

345,122

$

429,333

$

601,237

$

0

$

0

$ (2,581,582)

Total Funds Budgeted Indirect DOAS Service Funding
State Funds Budgeted

$ 84,255,009

$

990,000

$ 79,635,324

Departmental Functional Budgets

Administration Field Operations Capitol Police Austerity Adjustments

Total Funds $ 18,361,664 $ $ 65,323,492 $ $ 3,151,435 $ $ (2,581,582) $

State Funds 17,043,414 65,173,492 0 (2,581,582)

2076

JOURNAL OF THE HOUSE

Total

$ 84,255,009 $ 79,635,324

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 Austerity Adjustments Total Funds Budgeted
State Funds Budgeted

$ 14,706,596

$ 11,146,437

$ 2,774,355

$

129,508

$

0

$

174,449

$

309,058

$

343,117

$

342,245

$

245,518

$

59,800

$ 2,525,200

$ 1,947,738

$

0

$ (473,265)

$ 19,524,160

$ 14,706,596

Departmental Functional Budgets

Office of Highway Safety

$

Georgia Peace Officers Standards and Training

$

Police Academy

$

Fire Academy

$

Georgia Firefighters Standards and Training Council $

Georgia Public Safety Training Facility

$

Total

$

Total Funds 3,815,945 $ 1,415,677 $ 1,218,511 $ 1,166,968 $ 470,395 $ 11,436,664 $ 19,524,160 $

State Funds 570,718
1,415,677 1,119,938 1,054,105
470,395 10,075,763 14,706,596

Section 27. Public School Employees' Retirement System.
State Funds Payments to Employees' Retirement System Employer Contributions
Total Funds Budgeted
State Funds Budgeted

$ 11,220,726

$

587,500

$ 10,633,226

$ 11,220,726

$ 11,220,726

MONDAY, APRIL 7, 2003
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 Austerity Adjustments
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 Austerity Adjustments
Total Funds Budgeted Departmental Income
Sponsored Income Other Funds
Indirect DOAS Services Funding Governor's Emergency Funds Tobacco Funds Budgeted State Funds Budgeted

2077

$ 9,080,640

$ 6,813,881

$

250,711

$

111,876

$

44,427

$

15,300

$

208,791

$

511,428

$

124,660

$

628,262

$

920,000

$ (275,385)

$ 9,353,951

$ 9,080,640

$ 1,472,410,866 $ 6,585,889

$ 1,773,964,581 $ 424,223,505

$ 467,839,909

$ 854,188,741

$ 32,713,542

$ 1,138,340

$

345,833

$ 1,011,627

$ 29,490,997

$ 123,584,731

$ (30,383,852)

$ 3,678,117,954

$ 132,081,672

$ 1,278,412,246

$ 785,552,781

$ 3,039,500

$

35,000

$ 6,585,889

$ 1,472,410,866

2078

JOURNAL OF THE HOUSE

B. Budget Unit: State Funds - Regents Central Office and Other Organized Activities
Tobacco Funds Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Agricultural Research Advanced Technology Development Center/
Economic Development Institute Seed Capital Fund - ATDC Capital Outlay Center for Rehabilitation Technology SREB Payments Regents Opportunity Grants Rental Payments to Georgia Military College Direct Payments to the Georgia Public
Telecommunications Commission for Operations Public Libraries Salaries and Operations Student Information System Georgia Medical College Health, Inc. Austerity Adjustments
Total Funds Budgeted
Departmental Income Sponsored Income Other Funds
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$ 212,103,513

$

0

$ 135,763,066 $ 70,959,391

$ 57,982,123 $ 41,101,657 $ 2,811,580 $ 23,067,667

$

0

$

0

$ 7,790,087

$

874,601

$

565,155

$ 1,831,602

$ 18,139,844

$ 30,951,441

$

0

$ 35,104,249

$ (6,365,861)

$ 420,576,602

$ 8,610,113

$ 124,936,276

$ 74,383,200

$

543,500

$

0

$ 212,103,513

Regents Central Office and Other Organized Activities

Marine Resources Extension Center Skidaway Institute of Oceanography Marine Institute Georgia Tech Research Institute

Total Funds State Funds $ 2,834,246 $ 1,649,446 $ 6,469,309 $ 1,810,419 $ 1,828,871 $ 1,061,238 $ 123,302,969 $ 9,838,961

MONDAY, APRIL 7, 2003

2079

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 Austerity Adjustments Total

$ 23,067,667 $ 9,944,392

$ 78,236,230 $ 45,794,968

$ 61,979,534 $ 38,885,397

$

193,500 $

0

$ 3,657,799 $ 3,657,799

$ 7,242,199 $

542,199

$ 3,625,810 $

0

$ 4,653,970 $

0

$ 64,212,616 $ 64,105,767

$ 39,486,733 $ 35,177,778

$ 6,151,010 $ 6,001,010

$ (6,365,861) $ (6,365,861)

$ 420,576,602 $ 212,103,513

C. Budget Unit: State Funds - Georgia Public Telecommunications Commission
Personal Services Operating Expenses General Programming Distance Learning Programming Austerity Adjustments
Total Funds Budgeted
Other Funds State Funds Budgeted

$

0

$ 14,678,590

$ 15,517,817

$ 4,070,278

$ 2,784,685

$ (587,235)

$ 36,364,135

$ 36,364,135

$

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

$ 183,236,180

$

150,000

2080

JOURNAL OF THE HOUSE

Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts County Tax Officials/Retirement and FICA Grants to Counties/Appraisal Staff Postage Investment for Modernization Homeowner Tax Relief Grants Austerity Adjustments
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds
State Funds Budgeted

$ 60,996,706

$ 4,781,453

$ 1,037,071

$

69,705

$

175,384

$ 14,937,905

$ 7,107,067

$ 2,174,299

$

606,992

$ 1,223,613

$ 4,272,795

$

0

$ 2,471,575

$ 17,785,550

$ 95,000,000

$ (2,819,070)

$ 209,821,045

$ 2,545,000

$

150,000

$ 183,236,180

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 Austerity Adjustments Total

Total Funds State Funds

$ 36,729,359 $ 18,943,809

$ 7,987,227 $ 7,987,227

$ 17,142,493 $ 15,887,493

$ 27,886,845 $ 23,981,082

$ 7,427,706 $ 7,427,706

$ 99,834,620 $ 97,724,485

$ 5,606,232 $ 5,583,589

$

5,000 $

5,000

$ 6,775,576 $ 5,575,576

$ 3,245,057 $ 2,939,283

$ (2,819,070) $ (2,819,070)

$ 209,821,045 $ 183,236,180

Section 31. Secretary of State. A. Budget Unit: State Funds - Secretary of State Personal Services Regular Operating Expenses Travel

$ 32,402,032

$ 19,834,063

$ 3,936,611

$

409,621

MONDAY, APRIL 7, 2003

2081

Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Election Expenses Capital Outlay Austerity Adjustments

Total Funds Budgeted State Funds Budgeted

$

72,492

$

65,019

$ 3,132,182

$ 4,487,731

$ 1,035,077

$

174,376

$

986,495

$

389,335

$

0

$ (1,005,580)

$ 33,517,422

$ 32,402,032

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 Austerity Adjustments Total

Total Funds State Funds

$ 5,835,820 $ 5,785,820

$ 6,801,394 $ 6,726,394

$

447,059 $

416,019

$ 1,862,220 $ 1,122,870

$ 1,976,955 $ 1,926,955

$ 5,845,747 $ 5,825,747

$ 1,386,731 $ 1,386,731

$

802,127 $

802,127

$ 9,286,195 $ 9,136,195

$

278,754 $

278,754

$ (1,005,580) $ (1,005,580)

$ 33,517,422 $ 32,402,032

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 Austerity Adjustments

$ 2,410,036

$ 1,585,699

$

145,000

$

47,000

$

0

$

12,500

$

213,935

$

181,000

$

84,000

$

160,000

$

50,000

$

(69,098)

2082

JOURNAL OF THE HOUSE

Total Funds Budgeted State Funds Budgeted

$ 2,410,036 $ 2,410,036

Departmental Functional Budgets

Real Estate Commission Austerity Adjustments Total

Total Funds State Funds

$ 2,410,036 $ 2,410,036

$

(69,098) $

(69,098)

$ 2,410,036 $ 2,410,036

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 3,308,822

$ 1,681,333

$

202,070

$

36,069

$

0

$

23,184

$

13,478

$

119,052

$

40,214

$

139,438

$ 1,762,714

$

0

$

(68,325)

$ 3,949,227

$ 3,308,822

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 Guaranteed Educational Loans

$ 38,125,088

$

560,277

$

20,140

$

13,000

$

0

$

6,300

$

12,000

$

49,615

$

10,091

$

11,560

$

32,118

$ 3,990,211

MONDAY, APRIL 7, 2003

2083

Tuition Equalization Grants Law Enforcement Personnel Dependents' Grants North Georgia College ROTC Grants North Georgia College Graduates Scholarship Osteopathic Medical Loans Georgia Military Scholarship Grants LEAP Program Governor's Scholarship Program Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 30,044,521

$

66,313

$

351,217

$

22,427

$

0

$

505,584

$ 1,503,953

$ 2,735,297

$ (1,288,883)

$ 38,645,741

$ 38,125,088

Departmental Functional Budgets

Georgia Student Finance Authority Georgia Nonpublic Postsecondary Education
Commission Austerity Adjustments Total

Total Funds State Funds

$ 39,219,523 $ 38,698,870

$

715,101 $

715,101

$ (1,288,883) $ (1,288,883) $ 38,645,741 $ 38,125,088

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

$ 441,305,643

$ 261,267,431

$ 55,896,225

$ 60,501,057

$

0

$ 45,086,180

$

770,477

$

255,850

$ 5,332,698

$ 5,855,278

$

559,090

$

760,000

$ 2,016,740

$ 3,004,617

$ 441,305,643

$ 441,305,643

Section 34. Teachers' Retirement System. State Funds Personal Services Regular Operating Expenses

$ 2,489,000

$ 11,034,137

$

629,344

2084

JOURNAL OF THE HOUSE

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
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 Austerity Adjustments
Total Funds Budgeted State Funds Budgeted
Departmental Functional Budgets

$

26,500

$

0

$

35,000

$ 8,010,375

$

673,770

$

330,000

$

737,700

$

0

$

0

$ 2,390,000

$

99,000

$ 23,965,826

$ 2,489,000

$ 314,746,530

$ 6,455,219

$

374,330

$

125,510

$

0

$

48,359

$

588,518

$

144,671

$

169,110

$

614,420

$

115,980

$

0

$ 273,818,139

$ 64,167,781

$ 6,398,577

$ 20,007,602

$ 3,621,510

$ 19,706,237 $ (5,862,316)

$ 390,493,647

$ 314,746,530

MONDAY, APRIL 7, 2003

2085

Administration Institutional Programs Austerity Adjustments Total

Total Funds State Funds $ 8,636,117 $ 8,636,117 $ 387,719,846 $ 311,972,729 $ (5,862,316) $ (5,862,316) $ 390,493,647 $ 314,746,530

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 Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 662,521,708

$ 262,099,843

$ 69,846,541

$ 2,102,945

$ 1,810,000

$ 6,540,078

$ 8,200,173

$ 1,830,782

$ 3,666,751

$ 160,094,628

$ 26,513,414

$ 996,763,403

$ 3,967,851

$ 17,332,915

$

710,855

$

0

$

514,210

$ 71,000,000

$ (526,279)

$ 1,632,468,110

$ 662,521,708

2086

JOURNAL OF THE HOUSE

Departmental Functional Budgets

Motor Fuel Tax Budget Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

Total Funds $ 1,339,034,333 $ $ 222,057,814 $ $ 17,132,944 $ $ 27,203,085 $ $ 1,605,428,176 $

State Funds 388,594,046 217,473,675 16,632,944
26,299,335 649,000,000

General Funds Budget Planning and Construction Maintenance and Betterments Administration Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways Activities Austerity Adjustments Total

$

0$

0

$

0$

0

$

0$

0

$ 2,934,171 $ 2,276,376

$ 23,921,187 $ 11,060,756

$

710,855 $

710,855

$ (526,279) $ (526,279)

$ 27,039,934 $ 13,521,708

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

$ 22,691,544

$ 6,080,774

$

427,797

$

136,200

$

0

$

105,822

$

6,999

$

223,753

$

90,660

$

24,500

$ 18,218,875

$ 7,914,454

$

0

$

0

$

194,395

$ 33,424,229 $ 22,691,544

Departmental Functional Budgets

MONDAY, APRIL 7, 2003

2087

Veterans Assistance Veterans Nursing Home-Augusta Total

Total Funds $ 25,509,775 $ $ 7,914,454 $ $ 33,424,229 $

State Funds 17,757,682 4,933,862 22,691,544

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 Payments to State Treasury Austerity Adjustments
Total Funds Budgeted
State Funds Budgeted

$ 16,729,455

$ 10,083,397

$

470,115

$

140,600

$

0

$

44,048

$ 3,261,976

$ 1,299,338

$

187,828

$

183,100

$ 1,423,053

$

0

$ 17,093,455

$ 16,729,455

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)

$ 683,050,154 $ 51,000,000 $ 734,050,154

$ 37,699,465

$

0

$ 37,699,465

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

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including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automation Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 41. Provisions Relative to Section 4, Department of Administrative Services.
It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services.
Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 2003 of all vehicles purchased or newly leased during Fiscal Year 2003.
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, however, that the Department shall contract with the Southeast Georgia

MONDAY, APRIL 7, 2003

2089

Regional Development Center from the Contracts object class a total of $70,034 for operating expenses.

Section 43. Provisions Relative to Section 8, Department of Community Health.
There is hereby appropriated to the Department of Community Health a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.

It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SFY 2004 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 2004 shall not exceed 13.1%.

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 $2,343.90. 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

Standards of Need $ 235

Maximum Monthly Amount $ 155

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JOURNAL OF THE HOUSE

2

356

235

3

424

280

4

500

330

5

573

378

6

621

410

7

672

444

8

713

470

9

751

496

10

804

530

11

860

568

Provided, the Department of Human Resources is authorized to make supplemental payments on these maximum monthly amounts up to the amount that is equal to the minimum hourly wage for clients who are enrolled in subsidized work experience and subsidized employment.

Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval.

Provided, that of the 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 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 "Job 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.

MONDAY, APRIL 7, 2003

2091

Section 48. 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 49. 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" 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 50. 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 $4,000 for the taxable year beginning January 1, 2003.
Section 51. 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 52. 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. 2004.

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Section 53. 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.
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

MONDAY, APRIL 7, 2003

2093

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 54. In addition to all other appropriations for the State fiscal year ending June 30,
2004, 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 55. 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

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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 56. 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 57. 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 58. No State appropriations authorized under this Act shall be used to continue
programs currently funded entirely with Federal funds.
Section 59. 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 60. (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 2003 Regular Session, except as provided, however, the Director of the Budget is

MONDAY, APRIL 7, 2003

2095

authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.
Section 61. 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.

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Section 62. 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 63.

Provisions Relative to Section 39, State of Georgia General Obligation Debt Sinking Fund.

A.) Maturities not to exceed two hundred forty

months.

Department of Education projects:

$

24 school systems for regular funding

($120,000,000 entitlementlevel)

7 school systems for regular advance funding

54 school systems for low-wealth funding

31 school systems for growth funding

($60,000,000 entitlementlevel)

Repair and infrastructure upgrades at Georgia School $

for the Deaf, Georgia Academy for the Blind

and Atlanta Area School for the Deaf

Board of Regents, University System of

$

Georgia projects:

Library addition at Georgia Southern

University- $20,495,000

Cancer Research Center at the Medical College

of Georgia - $8,600,000

Major repair and renovation projects - $20,000,000

Major repair and renovation projects for the

$

Department of Technical and Adult Education

New training and visitor center for the Department $

of Technical and Adult Education

Georgia Environmental Facilties Authority projects: $

Low interest loans for local water and

sewer construction projects - $12,000,000

Federal matching funds for clean water and

drinking water capitalization - $8,000,000

Department of Transportation projects:

$

Governor's Road Improvement program - $65,000,000

Principal Amount 154,605,000 $
820,000 $ 49,095,000 $
7,250,000 $ 5,000,000 $ 20,000,000 $
68,000,000 $

Debt Service 13,450,635
71,340 4,271,265
630,750 435,000 1,740,000
5,916,000

MONDAY, APRIL 7, 2003

2097

Rail track construction in Savannah - $3,000,000

Design a new educational building at Augusta YDC $

125,000 $

10,875

Various repairs, minor construction projects, add

$ 5,000,000 $

435,000

or replace generators at various RYDCs and YDCs

Department of Human Resources projects:

$ 3,570,000 $

310,590

Reroof buildings 7 and 12 at Augusta Regional

Hospital - $150,000

Replace electrical systems at Central State

Hosptial - $960,000

Reroofing of 7 Central State Hospital

facilities - $995,000

Repairs sewer lines at Northwest Georgia

Regional Hospital - $255,000

Replace airhandlers at Rosehaven at Southwestern

State Hospital - $255,000

Replace roofs at Southwestern State

Hospital - $615,000

Replace steam coils and valves at West Central

Georgia Regional Hospital - $340,000

Department of Human Resources projects:

$ 15,050,000 $ 1,309,350

Design and install emergency generator at

Skyland building - $140,000

Construct a public health laboratory in South

Georgia - Waycross $12,225,000

Construct a public health district office building

at NorthwestGeorgia Regional Hospital

campus - $2,685,000

Department of Corrections projects:

$ 9,350,000 $

813,450

Repair and maintenance of security

equipment - $3,500,000

Roofing repairs at various facilities - $450,000

Various waste water, utility and HVAC

projects - $1,000,000

Construct a detention center in Stewart

County - $2,900,000

Add 100 beds at Putnam County Correctional

Institute - $1,500,000

Megasite in Pooler

$ 30,000,000 $ 2,610,000

Repairs and renovations to State Farmers' Markets $ 1,000,000 $

87,000

Total Twenty Year Projects (New)

$ 368,865,000 $ 32,091,255

B.) Maturities not to exceed sixty months.

Purchase vocational and agricultural equipment for $ 13,300,000 $ 3,045,700

the Department of Education

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JOURNAL OF THE HOUSE

Board of Regents, University System of

$

Georgia equipment purchase projects:

Nursing, Health Science, and Outreach Center at

Macon State College - $1,330,000

Agricultural Sciences building at Abraham Baldwin

Agricultural College - $400,000

Physical Education building at Darton

College - $110,000

HPE Recreation, Athletic and Student Success

Center atGeorgia Southwestern State

University - $935,000

Classroom and Convocation Center at Kennesaw

State University - $350,000

Classroom replacement phase II at Augusta

State University - $1,640,000

Camden Center Lab - $275,000

Georgia Forestry Commission projects:

$

Purchase a fixed wing aircraft - $200,000

Purchase a UH-1 Huey helicopter - $800,000

Replace hanger main frame, siding and doors at the

Statesboro district office - $30,000

5% state match for AIR-21 federal airport funds

$

for the Department of Transportation

Department of Juvenile Justice design projects:

$

Expand academic space and intake area at Metro

RYDC - $210,000

Expand the RYDC in Muscogee County - $210,000

Renovation projects at Augusta Veterans Home

$

Upgrade handicap and life safety equipment

$

at Milledgeville Veterans Home:

Wheeler building - $300,000

Russell building - $135,000

Vinson building - $110,000

Wood building - $150,000

Birdsong building - $180,000

Repairs and renovations to armories and other

$

facilities of the Department of Defense

Total Five Year Projects (New)

$

Section 64. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 2004

5,040,000 $ 1,154,160

1,030,000 $

235,870

1,700,000 $ 420,000 $

389,300 96,180

125,000 $ 875,000 $

28,625 200,375

2,000,000 $ 24,490,000 $

458,000 5,608,210

$ 16,018,043,592

MONDAY, APRIL 7, 2003

2099

Section 65. This Act shall become effective upon its approval by the Governor or upon its
becoming law without his approval.
Section 66. All laws and parts of laws in conflict with this Act are repealed.

The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 122 designating Representative Skipper of the 116th as Chairman thereof.
The Speaker called the House to order.
The Committee of the Whole arose and through its Chairman reported HB 122 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.

The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe N Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges N Brock Y Brooks Y Broome N Brown Y Bruce

Y Day Y Dean Y Deloach N Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart N Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin

N Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins N Jones Y Jordan N Joyce N Keen N Knox Y Lane

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell N Ralston

Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A

2100
Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper N Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Gardner Y Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner N Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall Y Hembree E Henson N Hill, C

N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham Y Manning Y Marin N Martin N Massey N Maxwell Y McBee Y McCall Y McClinton Y Millar N Mills Y Mitchell

Y Randall Y Ray E Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders Y Sailor N Scott Y Shaw N Sheldon Y Sholar

Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 114, nays 63.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, HB 122 was ordered immediately transmitted to the Senate.

MEMORANDUM

TO: Honorable Robert Rivers Clerk of the House of Representatives State of Georgia
Subject: Journal Entry Request

I voted NO to House Bill 122 this date for the following reasons:
1) The revenue enhancement legislation of an increased tax on tobacco having failed in the House prior to the budget vote, I believe it disingenuous to pass an unbalanced budget in conflict with our Georgia Constitutional mandate.
2) The cuts offered by the House Appropriations committee were in areas which I felt were less favorable to myself and the people of my district than other options which were before the committee for consideration.

MONDAY, APRIL 7, 2003
Respectfully Submitted this the 7th day of April, 2003. /s/ Warren Massey
District 24

2101

HB 493. By Representatives Drenner of the 57th, Dean of the 49th, Moraitakis of the 42nd, Post 4, Benfield of the 56th, Post 1, Broome of the 141st, Post 2 and others:
A BILL to amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages generally, so as to authorize the governing authority of a county or municipality to permit the sale of alcoholic beverages for consumption on the premises until 4:30 A.M. each day and beginning at 12:30 P.M. on Sundays; to provide that such authorization shall be by resolution or ordinance approved in a referendum; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages generally, so as to authorize the governing authority of a county or municipality to permit the sale of alcoholic beverages for consumption on the premises no later than 4:30 A.M. each day and beginning at 12:30 P.M. on Sundays; to provide that such authorization shall be by resolution or ordinance approved in a referendum; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages generally, is amended by inserting immediately following Code Section 3-3-7 a new Code Section 3-3-7.1 to read as follows:
"3-3-7.1. (a) 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 alcoholic beverages for

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consumption on the premises no later than 4:30 A.M. each day and beginning at 12:30 P.M. on Sundays in any licensed establishment. (b) Any governing authority desiring to permit and regulate alcoholic beverage sales pursuant to this Code section, but only after a referendum election, shall so provide by proper resolution or ordinance conditioned on approval in 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 such alcoholic beverage 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 county or municipality) be authorized to permit and regulate the sale of alcoholic beverages for consumption on the premises no later than 4:30 A.M. each day and beginning at 12:30 P.M. on Sundays?'

All persons desiring to vote for approval of such sales shall vote 'Yes,' and those persons desiring to vote for rejection of such sales shall vote 'No.' If more than one-half of the votes cast on the question are for approval of such sales, the governing authority may by appropriate resolution or ordinance permit and regulate such sales by licensees. Otherwise, such 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. (c) Notwithstanding this Code section or any other provision of law, all county or municipal resolutions or ordinances enacted prior to July 1, 2003, pursuant to the authorizations granted by subsections (a) through (o) of Code Section 3-3-7 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. (d) The provisions of this Code section 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.

The following amendment was read:

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Representatives Holmes of the 48th, Post 1, Martin of the 37th, and Dodson of the 84th, Post 1 move to amend the Committee substitute to HB 493 by striking line 18 of page 1 and inserting in lieu thereof the following:
"premises in any licensed establishment and establish the hours of such sales; provided, however, that no such sales shall be allowed later at night than 4:30 A.M. on any day or before 12:30 pm on Sundays."
By striking lines 8 and 9 of page 2 and inserting in lieu thereof the following:

"'( ) NO consumption on the premises ending no later than _____ A.M. / P.M. each day and beginning no earlier than _____ A.M. / P.M. on Sundays?'"

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson N Ashe N Bannister N Barnard Y Barnes Y Beasley-Teague Y Benfield
Birdsong Y Black N Boggs N Bordeaux Y Borders N Bridges N Brock Y Brooks N Broome N Brown
Bruce N Buck N Buckner, D N Buckner, G N Bunn
Burkhalter N Burmeister N Butler N Campbell N Casas Y Chambers N Channell N Childers N Coan

N Day Y Dean
Deloach Dix Y Dodson Dollar Dooley N Douglas Y Drenner Y Dukes Ehrhart N Elrod N Epps N Fleming N Floyd, H N Floyd, J Y Fludd N Forster E Franklin Gardner N Golick N Graves, D N Graves, T N Greene Y Greene-Johnson N Hanner N Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath

Hill, C.A N Hill, V N Hines Y Holmes N Houston Y Howard N Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson N Jenkins Y Jones Y Jordan Y Joyce N Keen Y Knox N Lane N Lewis Y Lord Y Lucas N Lunsford N Maddox
Mangham N Manning N Marin Y Martin N Massey Y Maxwell N McBee N McCall

Y Mobley Y Moraitakis N Morris Y Mosby N Mosley Y Murphy, J Y Murphy, Q Y Noel N Oliver, B Y Oliver, M N O'Neal Y Orrock N Parham
Parrish N Parsons N Porter N Powell N Purcell N Ralston Y Randall N Ray E Reece, B N Reece, S N Rice
Richardson N Roberts, J
Roberts, L Y Rogers, C N Rogers, Ch. N Royal
Rynders Sailor

N Sims N Sinkfield N Skipper N Smith, B Y Smith, L N Smith, P N Smith, T N Smith, V Y Smyre N Snow Y Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson Y Stokes N Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson N Twiggs N Walker, L N Walker, R.L N Warren Y Watson Y Westmoreland N White Y Wilkinson Y Willard Y Williams, A Y Williams, E

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Y Heckstall N Hembree E Henson Y Hill, C

Y McClinton N Millar N Mills Y Mitchell

N Scott Y Shaw N Sheldon Y Sholar

On the adoption of the amendment, the ayes were 65, nays 93. The amendment was lost.

N Williams, R N Wix
Yates Coleman, Speaker

The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson
Ashe N Bannister Y Barnard Y Barnes N Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs N Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome N Brown N Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter N Burmeister N Butler N Campbell Y Casas Y Chambers Y Channell Y Childers

Y Day Y Dean
Deloach N Dix Y Dodson Y Dollar
Dooley N Douglas Y Drenner N Dukes
Ehrhart Y Elrod Y Epps N Fleming N Floyd, H Y Floyd, J Y Fludd Y Forster E Franklin
Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K

Y Hill, C.A Y Hill, V N Hines N Holmes Y Houston N Howard Y Howell Y Hudson Y Hugley N Jackson Y James Y Jamieson N Jenkins Y Jones Y Jordan Y Joyce
Keen Y Knox Y Lane N Lewis Y Lord Y Lucas Y Lunsford Y Maddox N Mangham Y Manning Y Marin N Martin Y Massey N Maxwell Y McBee

Y Mobley Y Moraitakis N Morris Y Mosby N Mosley Y Murphy, J Y Murphy, Q Y Noel N Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell N Purcell N Ralston
Randall N Ray E Reece, B N Reece, S Y Rice
Richardson N Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. N Royal
Rynders

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P N Smith, T N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas, A Y Thomas, A.M Y Thompson
Twiggs N Walker, L N Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson N Willard Y Williams, A

N Coan Y Coleman, B Y Cooper N Crawford Y Cummings

MONDAY, APRIL 7, 2003

N Heath Y Heckstall Y Hembree E Henson Y Hill, C

Y McCall Y McClinton
Millar N Mills
Mitchell

Y Sailor N Scott Y Shaw
Sheldon N Sholar

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Y Williams, E N Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 113, nays 47.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 581. By Representatives Powell of the 23rd, Parham of the 94th and Rice of the 64th:
A BILL to amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Franchise Practices Act," so as to provide that the Department of Motor Vehicle Safety shall enforce the Act rather than the Department of Revenue; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Motor Vehicle Franchise Practices Act," so as to provide for warranty reimbursement agreements; to provide for the contents of such agreements; to provide for applicability; to provide for repeal of the law; to provide that the Department of Motor Vehicle Safety shall enforce the Act rather than the Department of Revenue; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Motor Vehicle Franchise Practices Act," is amended in Part 3 by adding at the end thereof a new Code Section 10-1-645 to read as follows:
"10-1-645. (a) Any motor vehicle franchisor and at least a majority of its dealers of the same line make may agree in an express written contract, citing this Code section, upon a uniform

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warranty reimbursement policy used by contracting dealers to perform warranty repairs. The policy shall only involve either reimbursement for parts used in warranty repairs or the use of a uniform time standards manual, or both. Reimbursement for parts under the agreement shall be used instead of the dealers prevailing retail price charged by that dealer for the same parts as defined in Code Section 10-1-644 to calculate compensation due from the franchisor for parts used in warranty repairs. This Code section does not authorize a franchisor and its dealers to establish a uniform hourly labor reimbursement. (b) Each franchisor shall only have one such agreement with each line make. Any such agreement shall:
(1) Establish a uniform parts reimbursement rate. The uniform parts reimbursement rate shall be greater than the franchisors nationally established parts reimbursement rate in effect at the time the first such agreement becomes effective; however, any subsequent agreement shall result in a uniform reimbursement rate that is greater or equal to the rate set forth in the immediately prior agreement; (2) Apply to all warranty repair orders written during the period that the agreement is effective; (3) Be available, during the period it is effective, to any motor vehicle dealer of the same line make at any time and on the same terms; and (4) Be for a term not to exceed three years so long as any party to the agreement may terminate the agreement upon the annual anniversary of the agreement and with 30 days prior written notice; however, the agreement shall remain in effect for the term of the agreement regardless of the number of dealers of the same line make that may terminate the agreement. (c)(1) As used in this subsection, the term 'costs' means the difference between the uniform reimbursement rate set forth in an agreement entered into pursuant to subsection (b) of this Code section and the prevailing retail price charged by that dealer received by those dealers of the same line make. (2) A franchisor that enters into an agreement with its dealers may seek to recover its costs from only those dealers that are receiving their prevailing retail price charged by that dealer under Code Section 10-1-644 as follows:
(A) The costs shall be recovered only by increasing the invoice price on new vehicles received by those dealers not a party to an agreement under this Code section; and (B) Price increases imposed for the purpose of recovering costs under this Code section may vary from time to time and from model to model but shall apply uniformly to all dealers of the same line make in the State of Georgia that have requested reimbursement for warranty repairs at their prevailing retail price charged by that dealer, except that a franchisor may make an exception for vehicles that are titled in the name of a consumer in another state. (d) If a franchisor contracts with its dealers, the franchisor shall certify under oath to the Department of Motor Vehicle Safety that a majority of the dealers of that line make did agree to such an agreement and file a sample copy of the agreement. On an annual

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basis, each dealer shall certify under oath to the department that the reimbursement costs it recovers under subparagraph (c)(2)(A) of this Code section do not exceed the amounts authorized by subparagraph (c)(2)(A) of this Code section. The franchisor shall maintain for a period of three years a file that contains the information upon which its certification is based. (e) If a franchisor and its dealers do not enter into an agreement pursuant to this Code section, and for any matter that is not the subject of an agreement, this Code section shall have no effect whatsoever. (f) For purposes of this Code section, a uniform time standard manual is a document created by a franchisor that establishes the time allowances for the diagnosis and performance of warranty work and service. The allowances shall be reasonable and adequate for the work and service to be performed. Each franchisor shall have a reasonable and fair process that allows a dealer to request a modification or adjustment of a standard or standards included in such a manual. (g) This Code section shall be repealed and shall be of no force or effect on and after June 30, 2005."
SECTION 2. Said article is further amended by striking Part 6 in its entirety and inserting in lieu thereof a new Part 6 to read as follows:
"Part 6
10-1-665. As used in this part, the term:
(1) 'Commissioner' means the state revenue commissioner of motor vehicle safety. (2) 'Department' means the Department of Revenue Motor Vehicle Safety.
10-1-666. As an alternative to and in addition to any civil or criminal enforcement of this article, the state revenue commissioner of motor vehicle safety by and through the Department of Revenue Motor Vehicle Safety is authorized to enforce the provisions of this article and any order issued pursuant to the enforcement of this article.
10-1-667. Any dealer, distributor, or manufacturer who is aggrieved by a violation of any provision of this article may file a petition with the Department of Revenue Motor Vehicle Safety setting forth the facts supporting the allegation of such violation. The commissioner shall issue an administrative order, whenever the commissioner, after notice to all parties and after a hearing, determines that a violation of this article or any order issued under this article has occurred. The notice and the hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure

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Act.' Any party who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The commissioner or the prevailing party may file, in the superior court in the county wherein the party under order resides or, if such party is a corporation, in the county wherein the corporation maintains its established place of business or its agent for service of process is located, or in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The remedy 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 under the laws of this state.
10-1-668. (a) In addition to the licensing fee set forth in Code Section 40-2-38, each dealer shall register annually with the department and shall pay an annual registration fee of $25.00. The fee shall be paid on or before January 1 of the registration year and shall be paid with and accompanied by such forms as the commissioner shall prescribe. (b) It is the intent of the General Assembly of Georgia that an amount equal to the amount collected by the registration fee provided for in this Code section be appropriated to the department to fund the provisions of this part. If the funds appropriated to the department to fund the provisions of this part exceed the actual cost to the department to enforce this part, then the excess funds so appropriated shall lapse. However, if the fees collected under subsection (a) of this Code section do not equal the actual cost to the department to enforce the provisions of this part, then the commissioner may raise the registration fee to an amount which will ensure that the cost to the state to enforce this part is received."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Powell of the 23rd, Parham of the 94th, and Reece of the 21st move to amend the Committee substitute to HB 581 by striking line 4 on page 1 and inserting in its place the following:
"applicability; to provide that the Department of Motor".

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2109

By inserting closing quotation marks after the period on line 6 of page 3 and by striking lines 7 through 8 on page 3.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce
Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin
Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin
Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree E Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q
Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Sinkfield
Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren
Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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On the passage of the Bill, by substitute, as amended, the ayes were 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 688. By Representatives Powell of the 23rd, Parham of the 94th, Skipper of the 116th and Westmoreland of the 86th:
A BILL to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Georgia Vehicle Protection Product Act"; to provide for a short title; to provide for definitions; to provide for scope and exemptions; to provide for registration and filing requirements of warrantors; to provide for financial responsibility; to provide for warranty reimbursement policy requirements; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell

N Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin

Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce
Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin

Y Mobley Y Moraitakis Y Morris
Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland

Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

MONDAY, APRIL 7, 2003

Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree E Henson Y Hill, C

Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

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Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 168, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 319. By Representatives Powell of the 23rd, Porter of the 119th, Beasley-Teague of the 48th, Post 2, Parham of the 94th and Mobley of the 58th:
A BILL to amend Code Section 19-11-9.1 of the Official Code of Georgia Annotated, relating to the duty to furnish information about obligor to department, use of information obtained, and penalty for noncompliance, so as to provide for the acceptance of a certification of noneligibility for issuance of a social security number by the Department of Motor Vehicle Safety; 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 other information to be included in an application for a driver's license; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Code Section 19-11-9.1 of the Official Code of Georgia Annotated, relating to the duty to furnish information about obligor to department, use of information obtained, and penalty for noncompliance, so as to provide for the acceptance of a certification of noneligibility for issuance of a social security number by the Department of Motor Vehicle Safety; 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 other information to be included in an application for a drivers license; to change certain provisions relating to issuance of licenses, contents, signature requirements, and fingerprints; to change certain provisions relating to expiration and renewal drivers licenses and identification cards for noncitizens authorized to remain in

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the United States for less than four years; to provide that drivers licenses and identification cards issued to noncitizens authorized to remain in the United States for less than six months shall expire six months after issuance; 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 19-11-9.1 of the Official Code of Georgia Annotated, relating to the duty to furnish information about obligor to department, use of information obtained, and penalty for noncompliance, is amended by striking paragraph (1) of subsection (a.1) of said Code section and inserting in its place the following:
"(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 or certification from the Social Security Administration that the applicant is not eligible for issuance of a 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."
SECTION 2. Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers licenses, is amended by striking subsection (c) of Code Section 40-5-25, relating to application and fees for drivers licenses, and inserting in its place the following:
"(c) Every such application shall state the full name, date of birth, sex, and residence address of the applicant; shall briefly describe the applicant; and shall state whether the applicant has theretofore been licensed as a driver and, if so, when and by what state or country, and whether any such license has ever been suspended, revoked, or refused, and, if so, the date of and reason for such suspension, revocation, or refusal; and shall state such other information as the commissioner may require to determine the applicants identity, competence, and eligibility. The application shall include any other information as required by paragraph (1) of subsection (a.1) of Code Section 19-11-9.1. The department shall not issue a license until a complete examination of the applicants record has been completed. The commissioner may issue such rules and regulations as

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shall be necessary for the orderly processing of license applications."
SECTION 3. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 40-5-32, relating to expiration and renewal of drivers licenses and reexamination requirements, and inserting in lieu thereof the following:
"(a)(1) Every drivers license shall expire on the licensees birthday in the fourth year following the issuance of such license; provided, however, that, if the licensee is a person with legal authorization from the United States Immigration and Naturalization Service whose legal authorization, as evidenced by written documentation from the United States Immigration and Naturalization Service, expires prior to the licensees birthday in the fourth year following issuance, the drivers license shall expire on the date on which such authorization expires. If such date is six months or less from the date of application, notwithstanding any other provision of law to the contrary, the drivers license shall expire six months form the date of issuance. Every such license shall be renewed on or before its expiration upon application, payment of the required fee, and, if applicable, satisfactory completion of the examination required or authorized by subsection (c) of this Code section."
SECTION 4. Said chapter is further amended by striking subsection (b) of Code Section 40-5-100, relating to issuance of identification cards by department, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The identification card shall be valid for four years and; provided, however, that, if the applicant is a person with legal authorization from the United States Immigration and Naturalization Service whose legal authorization, as evidenced by written documentation from the United States Immigration and Naturalization Service, expires prior to the end of the fourth year following issuance, the identification card shall expire on the date on which such authorization expires. If such date is six months or less from the date of application, notwithstanding any other provision of law to the contrary, the identification card shall expire six months from the date of issuance. The identification card shall bear the signatures of the commissioner and the Governor and shall bear an identification card number which shall not be the same as the social security number, unless the person specifically requests that the social security number be used, or, in the case of an individual who is not a citizen of the United States, the passport number of the person identified or any number the department deems necessary to implement this Code section."
SECTION 5. Said chapter is further amended by striking subsection (a) of Code Section 40-5-172, relating to term of card issued to person with permanent disability, and inserting a new subsection (a) to read as follows:
"(a) The identification card for persons with disabilities shall be issued to a person with

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a permanent disability for a period of four years and shall be renewable on the applicants birthday in the fourth year following such issuance; provided, however, that, if the applicant is a person with legal authorization from the United States Immigration and Naturalization Service whose legal authorization, as evidenced by written documentation from the United States Immigration and Naturalization Service, expires prior to the applicants birthday in the fourth year following issuance, the identification card shall expire on the date on which such authorization expires. If such date is six months or less from the date of application, notwithstanding any other provision of law to the contrary, the identification card shall expire six months from the date of issuance. Such identification cards shall be issued to persons:
(1) With obvious permanent disabilities without further verification of disability; and (2) With disabilities which are not obvious upon presentation of the current sworn affidavit of at least one medical doctor attesting to such permanent disability. A current affidavit shall be presented at each request for renewal."
SECTION 6. This Act shall become effective on October 1, 2003.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Powell of the 23rd and Casas of the 68th move to amend the Committee substitute to HB 319 by striking lines 7 through 14 on page 1 and inserting in their places the following:
"for other information to be included in an application for a drivers license; to provide for related matters; to repeal conflicting laws; and for other purposes."
By adding after the word and symbol "application." on line 27 of page 1 the following:
"Notwithstanding the foregoing, nothing in this Code section shall be construed so as to authorize the issuance of any drivers license, permit, or identification card to any person who is not either a United States citizen or an alien with legal authorization from the United States Immigration and Naturalization Service."
By striking line 24 on page 2 through line 8 on page 4.
By renumbering Section 7 as Section 3.

MONDAY, APRIL 7, 2003 The Committee substitute, as amended, was adopted.

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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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall
Hembree E Henson Y Hill, C

Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins
Jones Y Jordan Y Joyce Y Keen N Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham Y Manning
Marin N Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby
Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 166, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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Representatives Jones of the 38th and Mangham of the 62nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 599. By Representatives Thompson of the 69th, Post 1, Dix of the 70th, Post 2, Teilhet of the 34th, Post 2 and Boggs of the 145th:
A BILL to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to provide that a request for postconviction DNA testing shall be made through an extraordinary motion for new trial; to provide for postconviction DNA testing of evidence in certain criminal cases; to provide procedures, conditions, and standards for the conduct of postconviction DNA testing of evidence; to provide for the state to appeal in criminal cases in which an extraordinary motion for new trial is granted; to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of property seized, so as to provide standards for the retention of evidence in criminal cases; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to provide that a request for postconviction DNA testing shall be made through an extraordinary motion for new trial; to provide for postconviction DNA testing of evidence in certain criminal cases; to provide procedures, conditions, and standards for the conduct of postconviction DNA testing of evidence; to provide for appeals by either party in cases where DNA testing is requested; to change provisions relating to when orders, decisions, or judgments are appealable by the state; to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of property seized, so as to provide standards for the retention of evidence in criminal cases; to provide for other related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended by adding a new subsection to the end of Code Section 5-5-41, relating to

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general requirements for extraordinary motions for new trial, to read as follows: "(c)(1) Subject to the provisions of subsections (a) and (b) of this Code section, a person convicted of a serious violent felony as defined in Code Section 17-10-6.1 may make a written motion before the trial court that entered the judgment of conviction in his or her case, for the performance of forensic deoxyribonucleic acid (DNA) testing. (2) The motion shall be verified by the convicted person and shall provide all of the following information: (A) Establish that evidence that potentially contains deoxyribonucleic acid (DNA) was obtained in relation to the crime and subsequent indictment, which resulted in his or her conviction; (B) Establish that the evidence was not subjected to the testing which is now being requested because the existence of the evidence was unknown to the petitioner or to the petitioners trial attorney prior to trial or because the technology for the testing was not available at the time of trial; (C) Establish why the identity of the perpetrator was, or should have been, a significant issue in the case; (D) Show, in light of all the evidence in the case, how the requested DNA testing would raise a reasonable probability that the petitioner would have been acquitted if the results of DNA testing had been available at the time of conviction; (E) Identify the evidence to be tested by its description and, if known, its present location, its origin and the date, time, and means of its original collection; (F) Reveal the results of any DNA or other biological evidence testing that was conducted previously by either the prosecution or the defense, if known; (G) If known, identify the names, addresses, and telephone numbers of all persons or entities who are known or believed to have possession of any evidence described by subparagraphs (A) through (F) of this paragraph, and any persons or entities who have provided any of the information contained in petitioners motion, indicating which person or entity has which items of evidence or information; (H) Identify the names, addresses, and telephone numbers of all persons who may testify for the petitioner and identify the subject matter and summary of the facts to which each person may testify; (I) Affirmatively state that the motion is not made for the purpose of delay; and (J) Show that the issues raised by the petitioner and the requested DNA testing have not been litigated previously in a prior proceeding in the courts of this state or the United States. (3) The motion shall be served upon the district attorney and the Attorney General. The state shall file its response, if any, within 60 days of being served with the motion. The state shall be given notice and an opportunity to respond to any hearing conducted pursuant to this subsection. (4)(A) If, after the state files its response, if any, and the court determines that the motion complies with the requirements of paragraph (2) of this subsection, the court shall order a hearing to occur after the state has filed its response, but not more than 90 days from the date the motion was filed.

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(B) The motion shall be heard by the judge who conducted the trial that resulted in the petitioners conviction unless the presiding judge determines that the trial judge is unavailable. (C) Upon request of either party, the court may order, in the interest of justice, that the petitioner be at the hearing on the motion. The court may, in its discretion, receive additional memoranda of law or evidence from the parties for up to 30 days after the hearing. (D) The petitioner and the state may present evidence by sworn and notarized affidavits or testimony; provided, however, any affidavit shall be served on the opposing party at least 15 days prior to the hearing. (E) The purpose of the hearing shall be to allow the state to be heard on the issue of whether the petitioners motion complies with the requirements of paragraph (2) of this subsection, whether upon consideration of all of the evidence there is a reasonable probability that the verdict would have been different if the results of the requested DNA testing had been available at the time of trial, and whether the requirements of paragraph (5) of this subsection have been established. (5) The court shall grant the motion for DNA testing if it determines that the petitioner has met the burden of proof set forth in paragraph (2) of this subsection, and that all of the following have been established: (A) The evidence to be tested is available and in a condition that would permit the DNA testing requested in the motion; (B) The evidence to be tested has been subject to a chain of custody sufficient to establish that it has not been substituted, tampered with, replaced, or altered in any material respect; (C) The evidence was not tested previously or, if tested previously, the requested DNA test would provide results that are reasonably more discriminating or probative of the identity of the perpetrator than prior test results; (D) The motion is not made for the purpose of delay; (E) The identity of the perpetrator of the crime was a significant issue in the case; (F) The testing requested employs a scientific method that has reached a scientific state of verifiable certainty such that the procedure rests upon the laws of nature; and (G) The petitioner has made a prima facie showing that the evidence sought to be tested is material to the issue of the petitioners identity as the perpetrator of, or accomplice to, the crime, aggravating circumstance, or similar transaction that resulted in the conviction. (6) If the court orders testing pursuant to this subsection, the court shall determine the method of testing and responsibility for payment for the cost of testing, if necessary, and may require the petitioner to pay the costs of testing if the court determines that the petitioner has the ability to pay. If the petitioner is indigent, the cost shall be paid from the fine and forfeiture fund as provided in Article 3 of Chapter 5 of Title 15. (7) If the court orders testing pursuant to this subsection, the court shall order that the evidence be tested by the Division of Forensic Sciences of the Georgia Bureau of

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Investigation. In addition, the court may also authorize the testing of the evidence by a laboratory that meets the standards of the DNA advisory board established pursuant to the DNA Identification Act of 1994, Section 14131 of Title 42 of the United States Code, to conduct the testing. The court shall order that a sample of the petitioners DNA be submitted to the Division of Forensic Sciences of the Georgia Bureau of Investigation and that the DNA analysis be stored and maintained by the bureau in the DNA data bank. (8) If a motion is filed pursuant to this subsection the court shall order the state to preserve during the pendency of the proceeding all evidence that contains biological material, stains, fluids, or hair samples in the states possession or control. (9) The result of any test ordered under this subsection shall be fully disclosed to the petitioner, the district attorney, and the Attorney General. (10) The judge shall set forth by written order the reason or reasons for the grant or denial of the motion for new trial filed pursuant to this subsection. (11) The petitioner or the state may appeal an order, decision, or judgment rendered pursuant to this Code section."
SECTION 2. Said title is further amended by striking the "or" at the end of paragraph (5) of subsection (a), the period at the end of paragraph (6) of subsection (a) and inserting a "; or", and adding a new paragraph to subsection (a) of Code Section 5-7-1, relating to orders, decisions, or judgments appealable by the state, to read as follows:
"(7) From an order, decision, or judgment of a superior court granting an extraordinary motion for new trial."
SECTION 3. Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of property seized, is amended by adding new Code sections at the end of the article to read as follows:
"17-5-55. (a) In all criminal cases, the court shall designate either the clerk of court, the court reporter, or any other officer of the court to be the custodian of any property that is introduced into evidence at trial. Property introduced into evidence shall be identified or tagged with an exhibit number. After verdict and judgment has been entered in any criminal case, the clerk of court or court reporter who has custody of the physical evidence introduced in the case shall inventory the evidence and create a log of the evidence. The log shall contain the case number, style of the case, description of the item, exhibit number, the name of the custodian, and the location where the physical evidence is stored. If evidence is transferred to a third party other than the court reporter or the clerk of court, the log shall be annotated to show the identity of the person or entity receiving the evidence, the date of the transfer, and the location of the evidence. The signature of any person or entity to which physical evidence is transferred shall be captured through electronic means that will be linked to the log of

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evidence or the use of a property transfer form that will be filed with the log of evidence. When physical evidence, other than audio or video recordings, is transferred to any person or entity other than the clerk of court or court reporter, a photograph or other visual image of the evidence shall be made and placed in the case file. (b) Physical evidence classified as dangerous or contraband by state or federal law, including but not limited to items described by state or federal law as controlled substances, dangerous drugs, explosives, weapons, ammunition, biomedical waste, hazardous substances, or hazardous waste shall be properly secured in a manner authorized by state or federal law. This evidence may be transferred to a government agency authorized to store or dispose of the material. (c) Documents, photographs, and similar evidence shall be maintained and disposed of in accordance with records retention schedules adopted in accordance with Article 5 of Chapter 18 of Title 50, known as the 'Georgia Records Act.' Other physical evidence that contains biological material, stains, fluids, or hair samples that relate to the identity of the perpetrator of the crime, shall be maintained in accordance with Code Section 17-5-56. A party to an extraordinary motion for new trial or a habeas corpus action in which DNA testing is requested that was filed prior to the expiration of the time prescribed for the preservation of evidence by this Code section, may apply to the court in which the defendant was convicted for an order directing that the evidence be preserved beyond the time period prescribed by this Code section and until judgment in the action shall become final. (d) Except as is otherwise provided in subsections (b) and (c) of this Code section or by law, following the expiration of the period of time set forth in subsections (b) and (c) of this Code section, physical evidence may be disposed of in accordance with the provisions of Article 5 of Chapter 12 of Title 50, known as the 'Disposition of Unclaimed Property Act' or, in the case of property of historical or instructional value, as provided in Code Section 17-5-53.
17-5-56. (a) Except as otherwise provided in Code Section 17-5-55, on or after the effective date of this Code section, governmental entities in possession of any physical evidence in a criminal case, including, but not limited to, a law enforcement agency or a prosecuting attorney, shall maintain any physical evidence collected at the time of the crime that contains biological material, stains, fluids, or hair samples that relate to the identity of the perpetrator of the crime as provided in this Code section. Biological samples collected directly from any person for use as reference materials for testing or collected for the purpose of drug or alcohol testing shall not be preserved. (b) In a case in which the death penalty is imposed, the evidence shall be maintained until the sentence in the case has been carried out. In a case that involves the prosecution of a serious violent felony as defined by Code Section 17-10-6.1, the evidence shall be maintained for ten years after judgment in the criminal case becomes final or ten years after the effective date of this Code section, whichever is later. Evidence in all other felony and misdemeanor cases may be purged."

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SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Notwithstanding the provisions of subsection (b) of Code Section 5-5-41, any person convicted of a serious violent felony as defined in Code Section 17-10-6.1, which conviction was imposed prior to the effective date of this Act, who has, prior to the effective date of this Act, filed an extraordinary motion for new trial, may file an extraordinary motion for new trial pursuant to Section 1 of this Act if the issue of DNA testing was not raised in the prior extraordinary motion for new trial. In any extraordinary motion for new trial allowed pursuant to Section 1 of this Act, the court shall not have jurisdiction to reconsider any other issue raised in the first extraordinary motion for new trial. Notwithstanding the provisions of subparagraph (c)(2)(J) of Code Section 5-5-41, any person convicted of a serious violent felony as defined in Code Section 17-10-6.1, which conviction was imposed prior to the effective date of this Act, who has, prior to the effective date of this Act, previously litigated in a court of this state or the United States the issue of postconviction DNA testing and who was denied DNA testing may file an extraordinary motion for new trial pursuant to Section 1 of this Act.
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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs N Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce

Y Day Y Dean Y Deloach Y Dix
Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin

Y Hill, C.A Hill, V
Y Hines Y Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley
Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre
Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson N Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A

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Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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Y Gardner Y Golick
Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree E Henson Y Hill, C

Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton
Millar Y Mills Y Mitchell

Y Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Thomas, A.M Y Thompson
Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 164, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Stokes of the 72nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 719. By Representatives Jenkins of the 93rd, Porter of the 119th, Teper of the 42nd, Post 1, Hanner of the 133rd, Moraitakis of the 42nd, Post 4 and others:
A BILL to amend Code Section 40-2-76 of the Official Code of Georgia Annotated, relating to alternative fueled vehicle license plates, so as to add hybrid vehicles to the definition of alternative fueled vehicles; to amend Code Section 32-9-4 of the Official Code of Georgia Annotated, relating to designation of travel lanes and use of such lanes, so as to provide for the authorization of hybrid vehicles to use designated travel lanes; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

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Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Y Ehrhart Y Elrod
Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene
Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree E Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter
Powell Y Purcell Y Ralston Y Randall
Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre
Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren
Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 168, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 261. By Representatives Parham of the 94th, Stephens of the 123rd, Parrish of the 102nd, Twiggs of the 8th and Graves of the 106th:
A BILL to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listings of controlled substances and dangerous drugs; to provide for exempt over-thecounter controlled substances; to prohibit office based opioid treatment by dispensing any controlled substance to a patient with opioid addiction; and

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The following Committee substitute was read and adopted:

A BILL
To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listings of controlled substances and dangerous drugs; to provide for exempt over-the-counter controlled substances; to require certain information to be included on certain prescription drug orders; to permit prescription drug orders to be transmitted by electronic means; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by adding to Code Section 16-13-21, relating to definitions, new paragraphs (6.1), (6.2), and (12.5) to read as follows:
"(6.1) 'Dangerous drug' means any drug, other than a controlled substance, which cannot be dispensed except upon the issuance of a prescription drug order by a practitioner authorized under this chapter. (6.2) 'DEA' means the United States Drug Enforcement Administration." "(12.05) 'FDA' means the United States Food and Drug Administration."
SECTION 2. Said chapter is further amended by striking paragraphs (5) and (6) of Code Section 1613-25, relating to Schedule I controlled substances, and inserting in lieu thereof the following:
"(5) Any material, compound, mixture, or preparation which contains any quantity of the following substances, their salts, isomers (whether optical, position, or geometrics), and salts of isomers, unless specifically excepted, whenever the existence of these substances, their salts, isomers, and salts of isomers is possible within the specific chemical designation:
(A) Gamma hydroxybutyric acid (gamma hydroxy butyrate); provided, however, that this does not include any amount naturally and normally occurring in the human body; and (B) Sodium oxybate, when the FDA approved form of this drug is not:
(i) In a container labeled in compliance with subsection (a) or (b) of Code Section 26-3-8; and (ii) In the possession of:

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(I) A registrant permitted to dispense the drug; (II) Any person other than to whom the drug was prescribed; or (III) Any person who attempts to or does unlawfully possess, sell, distribute, or give this drug to any other person; (6) Notwithstanding the fact that Schedule I substances have no currently accepted medical use, the General Assembly recognizes certain of these substances which are currently accepted for certain limited medical uses in treatment in the United States but have a high potential for abuse. Accordingly, unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of methaqualone, including its salts, isomers, optical isomers, salts of their isomers, and salts of these optical isomers, is included in Schedule I.; (7) 2,5-Dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7); (8) 1-(3-Trifluromethylphenyl) Piperazine (TFMPP); (9) N-Benzylpiperazine (BZP)."
SECTION 3. Said chapter is further amended by striking paragraph (8) of Code Section 16-13-27, relating to Schedule III controlled substances, and inserting in its place the following:
"(8) Dronabinol (synthetic) in sesame oil and encapsulated in a U.S. Food and Drug Administration approved drug product also known as Marinol.; (9) Sodium oxybate, when the FDA approved form of this drug is in a container labeled in compliance with subsection (a) or (b) of Code Section 26-3-8, in the possession of a registrant permitted to dispense the drug, or in the possession of a person to whom it has been lawfully prescribed; (10) Buprenorphine."
SECTION 4. Said chapter is further amended by striking paragraph (9), designating said paragraph as reserved, and by adding a new paragraph (30.05) to subsection (a) of Code Section 1613-28, relating to Schedule IV controlled substances, to read as follows:
"(9) Dextropropoxyphene Reserved;" "(30.05) Propoxyphene (including all salts and optical isomers);".
SECTION 5. Said chapter is further amended by striking paragraph (2) from Code Section 16-13-29, relating to Schedule V controlled substances, and inserting in its place the following:
"(2) Buprenorphine Reserved."
SECTION 6. Said chapter is further amended by adding a new Code Section 16-13-29.2 to read as follows:
"16-13-29.2.

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The Georgia State Board of Pharmacy shall have the authority to exempt and control the sale of Schedule V controlled substances by rule which shall allow the sale of such substances without the need for issuance of a prescription from a medical practitioner and shall require such substances to be sold only in a pharmacy when such substances are sold without a prescription. Such substances shall be known as Exempt Over-theCounter (OTC) Schedule V Controlled Substances."
SECTION 7. Said chapter is further amended by striking subsection (b) and paragraph (2) of subsection (d) of Code Section 16-13-41, relating to prescriptions, and inserting in their respective places the following:
"(b) When a registered practitioner writes a prescription drug order to cause the dispensing of a Schedule II substance, he or she shall include the name and address of the person for whom it is prescribed, the kind and quantity of such Schedule II controlled substance, the directions for taking, the signature, and the name, address, telephone number, and federal DEA registration number of the prescribing practitioner. Such prescriptions shall be signed and dated by the prescribing practitioner on the date when issued, and the nature of such signatures shall be defined in regulations promulgated by the State Board of Pharmacy. Prescription drug orders for Schedule II controlled substances may be transmitted via facsimile machine or other electronic means only in accordance with regulations promulgated by the State Board of Pharmacy in accordance with Code Section 26-4-80 or 26-4-80.1, or in accordance with DEA regulations at 21 C.F.R. 1306."
"(2) When a registered practitioner writes a prescription drug order to cause the dispensing of a Schedule III, IV, or V controlled substance, he or she shall include the name and address of the person for whom it is prescribed, the kind and quantity of such controlled substance, the directions for taking, the signature, and the name, address, telephone number, and federal DEA registration number of the prescribing practitioner. Such prescriptions shall be signed and dated or may be issued orally by the prescribing practitioner on the date when issued, and the nature of the signature of the prescriber shall meet the guidelines set forth in Chapter 4 of Title 26, the regulations promulgated by the State Board of Pharmacy, or both such guidelines and regulations."
SECTION 8. Said chapter is further amended by striking from subsection (b) of Code Section 16-1371, relating to the list of dangerous drugs, the following paragraphs:
"(119.05) Butenafine;" "(349.7) Reserved;" "(529.9) Loratadine;" "(623.5) Mometazone;" "(752.2) Poractant Alpha;" "(1002) Triprolidine;".

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SECTION 9. Said chapter is further amended by adding in the appropriate positions in subsection (b) of Code Section 16-13-71, relating to the list of dangerous drugs, the following paragraphs:
"(22.2) Almotriptan;" "(50.4) Anakinra;" "(68.15) Atomoxetine;" "(98.2) Bimatoprost;" "(102.5) Bivalirudin;" "(105.5) Bosentan;" "(105.7) Botulinum toxin (B);" "(119.05) Butenafine -- See exceptions;" "(146.6) Caspofungin;" "(151.45) Cefditoren;" "(240.5) Darbepoetin alfa;" "(251.5) Desloratadine;" "(293.5) Dimyristoyl;" "(325.3) Drospirenone;" "(325.4) Drotrecogin alfa;" "(325.5) Dutasteride;" "(346.5) Ertapenem;" "(349.7) Esomeprazole;" "(404.7) Fondaparinux;" "(406.2) Formoterol;" "(406.95) Frovatriptan;" "(408.9) Galantamine;" "(464.8) Imatinib;" "(474.2) Insulin aspart;" "(513.8) Letrozole;" "(529.9) Loratadine -- See exceptions;" "(623.5) Mometasone;" "(625.3) Moxidectin;" "(640.2) Nesiritide;" "(644.8) Nitisinone;" "(703.45) Perflexane;" "(703.65) Perflutren;" "(732.9) Pimecrolimus;" "(752.2) Poractant alfa;" "(930.9) Tadalafil;" "(931.55) Tegaserod;" "(931.85) Tenofovir;" "(932.3) Teriparatide;" "(974.4) Travoprost;"

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"(974.7) Treprostinil;" "(1002) Triprolidine -- See exceptions;" "(1021.8) Valdecoxib;" "(1022.2) Valganciclovir;" "(1037.5) Voriconazole;" "(1042.75) Ziprasidone;" "(1042.8) Zoledronic Acid;".
SECTION 10. Said chapter is further amended by striking from subsection (c) of Code Section 16-1371, relating to the list of dangerous drugs, the following paragraphs:
"(12) Insulin, All;" "(14.1) Miconazole -- when used as antifungal powder, cream, or both, and containing not more than 4 percent of miconazole nitrate, and when used as a vaginal insert of up to 200 mg. in strength;".
SECTION 11. Said chapter is further amended by adding in the appropriate positions in subsection (c) of Code Section 16-13-71, relating to the list of dangerous drugs, the following paragraphs:
"(6.2) Butenafine -- when used with a strength of 1 percent or less as a topical preparation;" "(12) Insulin -- all injectable products which do not require a prescription drug order and bear a label which indicates 'Rx Use Only' or are otherwise listed under subsection (b) of this Code section; and no injectable insulin product may be sold except by a pharmacy issued a permit by the State Board of Pharmacy or by a medical practitioner authorized to dispense medications;" "(13.7) Loratadine -- when used in a single dose of 10 mg. or less, including doses used in combination with other drugs provided for under this subsection;" "(14.1) Miconazole -- when used as antifungal powder or cream, or both, and containing not more than 4 percent of miconazole, or when used as a vaginal insert and containing not more than 1,200 mg. of miconazole;" "(28.5) Triprolidine -- when a single dose is 5 mg. or less when combined in the same preparation as one or more other drug products for use as an antihistamine or decongestant or an antihistimine and decongestant;".
SECTION 12. Said chapter is further amended by striking subsection (a) of Code Section 16-13-74, relating to written prescriptions for dangerous drugs, content, and signature, and inserting in its place the following:
"(a) All written prescriptions prescription drug orders for dangerous drugs shall be dated as of, and be signed on, the date when issued and shall bear the full name and address of the patient, together with the name and strength of the drug, the quantity to

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be dispensed, complete directions for administration, the printed name, address, and telephone number of the practitioner, and the number of permitted refills. A practitioner may sign a prescription as he would sign a check or a legal document. The prescription shall be written with indelible pencil or indelible ink or typewritten and shall be manually signed by the practitioner. The prescription may be prepared by a secretary or other agent, for the signature of the practitioner, but the prescribing practitioner shall be responsible if the prescription does not conform in all essential respects to state and federal laws and regulations. A prescription drug order for a dangerous drug is not required to bear the DEA permit number of the prescribing practitioner. A prescription drug order for a dangerous drug may be prepared by the practitioner or the practitioners agent. The practitioners signature must appear on each prescription prepared by the practitioner or the practitioners agent and the nature of the practitioners signature must meet the guidelines set forth in Chapter 4 of Title 26, the regulations promulgated by the State Board of Pharmacy, or both such guidelines and regulations. Any practitioner who shall dispense dangerous drugs shall comply with the provisions of Code Section 16-13-73."
SECTION 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 14. All laws and parts of laws in conflict with this Act are repealed.

The report of the 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 Amerson Y Anderson Y Ashe Y Bannister
Barnard Y Barnes Y Beasley-Teague
Benfield Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks

Y Day Y Dean Y Deloach Y Dix Y Dodson
Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod
Epps Y Fleming Y Floyd, H
Floyd, J

Y Hill, C.A Y Hill, V Y Hines
Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson
Jenkins Y Jones
Jordan Y Joyce

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock
Parham Y Parrish Y Parsons Y Porter

Y Sims Y Sinkfield
Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner

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Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler
Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree E Henson Y Hill, C

Keen Y Knox
Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Powell Y Purcell Y Ralston
Randall Ray E Reece, B Y Reece, S Y Rice Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Teilhet Teper Thomas, A
Y Thomas, A.M Y Thompson
Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson
Westmoreland Y White Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, R
Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Jenkins of the 93rd and Jordan of the 83rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HR 228. By Representatives Heckstall of the 48th, Post 3, Jackson of the 124th, Post 1, Holmes of the 48th, Post 1, Roberts of the 135th, Sailor of the 61st, Post 1 and others:
A RESOLUTION strongly urging the Governor's Office of Consumer Affairs to address with the public the health dangers of certain cosmetic coverings of the teeth and to encourage efforts to remove those unscrupulous and unlicensed providers of such coverings; and for other purposes.

The following Committee substitute was read and adopted:

A RESOLUTION

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Strongly urging the Secretary of State to address with the public the health dangers of certain cosmetic coverings of the teeth and to encourage efforts to remove those unscrupulous and unlicensed providers of such coverings; and for other purposes.
WHEREAS, in recent years certain unscrupulous individuals who are not licensed to practice dentistry have promoted and sold to the public caps, cosmetic coverings, and prostheses for human teeth made out of various materials; and
WHEREAS, as a result of the questionable business practices and the lack of professional dental training of these sellers of dental coverings, many citizens of Georgia have suffered permanent tooth loss and serious and debilitating health conditions; and
WHEREAS, these sellers market their products and services as safe to an unsuspecting public that soon discovers after purchasing such products that they may have developed serious infections and may be experiencing considerable pain and suffering; and
WHEREAS, the sale of these cosmetic dental coverings can be found at many shopping malls and flea markets where customers receive services in unhealthy and unsterile conditions; and
WHEREAS, the Secretary of State has an excellent history of consumer advocacy and education and can provide the public with information about the dangers associated with purchases of cosmetic dental coverings from unauthorized practitioners and encourage local authorities to halt such practices within their jurisdictions.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body strongly urge the Secretary of State to take all necessary steps to inform the public about the dangers of purchasing cosmetic dental coverings from unlicensed practitioners.
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 Secretary of State.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.

On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe

Y Day Y Dean Y Deloach

Y Hill, C.A Y Hill, V Y Hines

Y Mobley Y Moraitakis Y Morris

Y Sims Y Sinkfield
Skipper

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Y Bannister Barnard
Y Barnes Y Beasley-Teague Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn
Burkhalter Y Burmeister Y Butler
Campbell Y Casas Y Chambers Y Channell Y Childers N Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart Y Elrod
Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Gardner Y Golick Y Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree E Henson Y Hill, C

Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan N Joyce
Keen Y Knox
Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal
Orrock Parham Y Parrish Y Parsons Porter Y Powell Y Purcell Y Ralston Y Randall Ray E Reece, B Y Reece, S Y Rice Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Shaw Y Sheldon Y Sholar

Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet
Teper Y Thomas, A Y Thomas, A.M Y Thompson
Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson
Westmoreland Y White Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the adoption of the Resolution, by substitute, the ayes were 149, nays 4.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

HB 497. By Representatives Porter of the 119th, Birdsong of the 104th, Lucas of the 105th, Coleman of the 118th, Randall of the 107th and others:
A BILL to amend Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, so as to create the East Central Georgia Railroad Excursion Authority; and for other purposes.

The following Committee substitute was read and adopted:

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A BILL
To amend Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, so as to create the East Central Georgia Railroad Excursion Authority; to provide for a short title, administrative assignment, definitions, and powers; to provide for membership, terms, vacancies, organization, meetings, qualifications, and compensation; to provide for accountability and records; to provide for bonds and other obligations; to provide for use of proceeds; to provide for projects, liberal construction, and indebtedness; to provide for purpose and tax exemptions, and additional powers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, is amended by adding at the end a new article to read as follows:
"ARTICLE 12 EAST CENTRAL GEORGIA RAILROAD EXCURSION AUTHORITY
46-9-340. This article shall be known and may be cited as the 'East Central Georgia Railroad Excursion Authority Law.'
46-9-341. (a) There is created a body corporate and politic to be known as the East Central Georgia Railroad Excursion Authority, which shall be deemed to be an instrumentality of the state and a public corporation, for the purposes of construction, financing, operation, and development of rail passenger excursion projects utilizing any state owned railway in Bibb, Twiggs, Wilkinson, Laurens, Treutlen, Montgomery, Wheeler, Emanuel, Burke, Telfair, and Toombs counties and any nearby county which may be included within the service area as provided by this article. (b) The authority shall be assigned to the Department of Natural Resources for administrative purposes only.
46-9-342. As used in this article, the term:
(1) 'Authority' means the public body corporate and politic created pursuant to this article. (2) 'Cost of the project' or 'cost of any project' means and shall include: All costs of acquisition, by purchase or otherwise, construction, assembly, installation, modification, renovation, or rehabilitation incurred in connection with any project or

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any part of any project; all costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto including, but not limited to, the costs of all land, estates for years, easements, rights, improvements, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, and certificates; and the cost of preparation of any application therefor and the costs of all fixtures, machinery, equipment, furniture, and other property used in or in connection with or necessary for any project; all financing charges and loan fees and all interest on revenue bonds, notes, or other obligations of the authority which accrues or is paid prior to and during the period of construction of a project and during such additional period as the authority may reasonably determine to be necessary to place such project in operation; all costs of engineering, surveying, architectural, and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; all expenses for inspection of any project; all fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, trust indenture, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; all other costs and expenses incurred relative to the issuance of any revenue bonds, notes, or other obligations for any project; all fees of any type charged by an authority in connection with any project; all expenses of or incident to determining the feasibility or practicability of any project; all costs of plans and specifications for any project; all costs of title insurance and examinations of title with respect to any project; repayment of any loans made for the advance payment of any part of any of the foregoing costs, including interest thereon, and any other expenses of such loans; administrative expenses of the authority and such other expenses as may be necessary for or incident to any project or the financing thereof or the placing of any project in operation; and a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the authority may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, trust indenture, or similar instrument or agreement pursuant to the provisions of which the issuance of any revenue bonds, notes, or other obligations of the authority may be authorized. Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of proceeds of revenue bonds, notes, or obligations issued by the authority. (3) 'Project' means the acquisition, construction, installation, operation, modification, renovation, or rehabilitation of any rail passenger facilities in the service area either directly or through contract with another public or private agency. A project may also include any fixtures, machinery, or equipment used on, in, or in connection with any of the transportation facilities listed above. A project may be for any rail passenger excursion purpose, provided that a majority of the members of the authority determines, by a resolution duly adopted, that the project will further the public purpose of this article.

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(4) 'Revenue bonds' and 'bonds' mean any bonds of an authority which are authorized to be issued under the Constitution and laws of the State of Georgia, including refunding bonds but not including notes or other obligations of an authority. (5) 'Service area' means the geographical area of operations of the authority and shall consist of the Counties of Bibb, Twiggs, Wilkinson, Laurens, Treutlen, Montgomery, Wheeler, Emanuel, Burke, Telfair, and Toombs and, with the consent of the appropriate governing authorities thereof, nearby counties, subject to the approval of the authority.
46-9-343. The authority shall have all of the powers necessary, proper, and convenient to carry out and effectuate the purposes and provisions of this article. The powers enumerated in this Code section are cumulative of and in addition to each other and other powers granted elsewhere in this article; and no such power limits or restricts any other power of the authority. Without limiting the generality of the foregoing, the powers of the authority shall include the powers:
(1) To sue and be sued; (2) To adopt and amend a corporate seal; (3) To make and execute contracts, agreements, and other instruments necessary, proper, and convenient to exercise the powers of the authority to further the public purpose for which the authority is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for operation of projects, contracts for sale of projects, agreements for loans to finance projects, and contracts with respect to the use of projects. 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; (4) To acquire by purchase, lease, condemnation, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character or any interest therein in furtherance of the public purpose of the authority; (5) To finance, by loan, grant, lease, or otherwise, and to construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of revenue bonds, notes, or other

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obligations of the authority or any other funds of the authority, or from any contributions or loans by persons, corporations, partnerships, limited or general, or other entities, all of which the authority is empowered to receive and accept and use; (6) To borrow money to further or to carry out its public purpose and to execute revenue bonds; notes; other obligations; leases; trust indentures; trust agreements; agreements for the sale of its revenue bonds, notes, or other obligations; loan agreements; mortgages; deeds to secure debt; trust deeds; security agreements; assignments; and such other agreements or instruments as may be necessary or desirable, in the judgment of the authority, to evidence and to provide security for such borrowing; (7) To issue revenue bonds, notes, or other obligations of the authority and use the proceeds thereof for the purpose of paying or loaning the proceeds thereof to pay all or any part of the costs of any project and otherwise to further or carry out the public purpose of the authority and to pay all costs of the authority incident to, or necessary and appropriate to, furthering or carrying out such purpose; (8) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the authoritys public purpose and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source; (9) To enter into agreements with the federal government or any agency or corporation thereof to use the facilities of the federal government or agency or corporation thereof in order to further or carry out the public purposes of the authority; (10) To extend credit or make loans to any person; corporation; partnership, limited or general; or other entity for the costs of any project, which credit or loans may be evidenced or secured by loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, or other instruments or by rentals, revenues, fees, or charges, upon such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of reserve funds, and, in the exercise of powers granted in connection with any project, the authority shall have the right and power to require the inclusion in any such loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument of such provisions or requirements for guarantee of any obligations, insurance, construction, use, operation, maintenance, and financing of a project and such other terms and conditions as the authority may deem necessary or desirable; (11) As security for repayment of any revenue bonds, notes, or other obligations of the authority, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority, including, but not limited to, real property, fixtures, personal property, and revenues or other funds; and to execute any lease; trust indenture; trust agreement; agreement for the sale of the authoritys revenue

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bonds, notes, or other obligations; 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 revenue bonds, notes, or other obligations, 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 of Georgia on behalf of itself and each county, municipal corporation, political subdivision, or taxing district therein waives any right the state or such county, municipal corporation, political subdivision, 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; (12) To receive and use the proceeds of any tax levied by the State of Georgia or any county or municipality thereof to pay the costs of any project or for any other purpose for which the authority may use its own funds pursuant to this article; (13) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (14) To use any real property, personal property, or fixtures or any interest therein; or to rent or lease such property to or from others or make contracts with respect to the use thereof; or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be to the best advantage of the authority and the public purpose thereof; (15) To acquire, accept, or retain equitable interests, security interests, or other interests in any real property, personal property, or fixtures by loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer in order to secure the repayment of any moneys loaned or credit extended by the authority; (16) To appoint, select, and employ engineers, surveyors, architects, planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (17) To encourage and promote by means of rail passenger excursion projects the improvement and advancement of the service area and the enhancement and profitability of tourism to the service area and its citizens; (18) To make, contract for, or otherwise cause to be made long-range plans or proposals for rail passenger excursion projects within the service area, in cooperation with those political subdivisions within which such projects are located; (19) To adopt bylaws governing the conduct of business by the authority, the election and duties of officers of the authority, and other matters which the authority determines to deal with in its bylaws; (20) To exercise any power granted by the laws of the State of Georgia to public or private corporations which is not in conflict with the public purpose of the authority; and (21) To do all things necessary, proper, and convenient to carry out the powers

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conferred by this article.
46-9-344. (a) The authority shall be composed of members appointed by governing authorities of counties and municipalities within the service area as provided by this subsection. The governing authorities of the Counties of Bibb, Twiggs, Wilkinson, Laurens, Treutlen, Montgomery, Wheeler, Emanuel, Burke, Telfair, and Toombs and the municipalities of Macon, Irwinton, Jeffersonville, Dublin, Soperton, Mt. Vernon, Alamo, McRae, Waynesboro, Swainsboro, and Vidalia shall each appoint one member. Terms of members appointed by any county governing authority shall expire on December 31, 2003, and biennially thereafter. Terms of members appointed by the governing authority of any municipality shall expire on December 31, 2004, and biennially thereafter. Members shall serve until their successors are appointed and qualified; provided, however, that any member of the authority may be removed at any time, with or without cause, by the governing authority which appointed such member. Any member of the authority may be selected and appointed to succeed himself or herself. Any vacancy shall be filled for the unexpired term, and any appointment to fill a vacancy shall be made in the same manner as the original appointment.
(b)(1) Membership of the authority shall be a civil office for purposes of the eligibility requirements provided by Code Section 45-2-1, except that the residency requirement for any person appointed to the authority shall be residence in the jurisdiction of the appointing local governing authority for a period of at least 12 months prior to such persons appointment. (2) A member of the appointing local governing authority may be appointed as a member of the authority, but his or her seat on the authority shall be vacant immediately upon his or her ceasing to be a member of the appointing local governing authority. Such person may be reappointed as a member of the authority to fill such vacancy. (c) The members of the authority shall in January of each year elect one of their number as chairperson. Also, the members of the authority shall elect one of their number as vice chairperson, shall also elect one of their number as secretary, and may also 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. (d) 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. (e) 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 persons residence from the jurisdiction of the appointing authority; who is convicted of any act of misfeasance, malfeasance, or nonfeasance of

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such persons duties as a member of the authority; who fails to attend at least three consecutive meetings of the authority without an excuse approved by a resolution of the authority; or who is ineligible for civil office for any other reason provided by Code Section 45-2-1. (f) All meetings of the authority shall be open to the public as provided in Chapter 14 of Title 50. The authority may hold public hearings on its own initiative or at the request of residents of any area affected by the actions of the authority. (g) 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. (h) The members shall receive no compensation for their services, but all members shall be entitled to be reimbursed out of 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. Employees of the authority shall not be members of the Employees Retirement System of Georgia.
46-9-345. The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all of the books, together with a proper statement of the authoritys financial position, once a year on or about June 30 to the state auditor.
46-9-346. Revenue bonds, notes, or other obligations issued by the authority shall be paid solely from the property, including, but not limited to, real property, fixtures, personal property, revenues, or other funds pledged, mortgaged, conveyed, assigned, hypothecated, or otherwise encumbered to secure or to pay such bonds, notes, or other obligations. All revenue bonds, notes, and other obligations shall be authorized by resolution of the authority, adopted by a majority vote of the members of the authority at a regular or special meeting. Such revenue bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times not more than 40 years from their respective date, shall bear interest at such rate or rates which may be fixed or may fluctuate or otherwise change from time to time, shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the authority authorizing the issuance of such revenue bonds, notes, or other obligations shall bind the members of the authority then in office and their successors. The authority shall have power from time to time and whenever it deems refunding expedient to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not

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matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted under this article. The refunding bonds may be exchanged for the bonds to be refunded with such cash adjustments as may be agreed upon or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. There shall be no limitation upon the amount of revenue bonds, notes, or other obligations which any authority may issue. Any limitation with respect to interest rates or any maximum interest rate or rates found in the usury laws of the State of Georgia, or any other laws of the State of Georgia, shall not apply to revenue bonds, notes, or other obligations of the authority.
46-9-347. (a) Subject to the limitations and procedures provided by this Code section, the agreements or instruments executed by the authority may contain such provisions not inconsistent with law as shall be determined by the members of the authority. (b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by the authority shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this article, all or part of the cost of any project or for the purpose of refunding any bonds, notes, or other obligations issued in accordance with the provisions of this article. (c) Issuance by the authority of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations in connection with the same project or with any other project, but the proceeding wherein any subsequent bonds, notes, or other obligations shall be issued shall recognize and protect any prior loan agreement, mortgage, deed to secure debt, trust deed, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations unless in the resolution authorizing such prior issue the right is expressly reserved to the authority to issue subsequent bonds, notes, or other obligations on a parity with such prior issue. (d) The authority shall have the power and is authorized, whenever bonds of the authority shall have been validated as provided in this article, to issue from time to time its notes in anticipation of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The authority may issue such bond anticipation notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. Such notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the authority may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of the authority or any issue thereof may contain any provisions which the authority is authorized to include in any resolution or resolutions authorizing bonds of the authority or any issue thereof, and the authority may include in any notes any terms, covenants, or conditions which the authority is authorized to include in any bonds. Validations of such bonds shall be a condition precedent to the issuance of such notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount

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exceeding the par value of the bonds in anticipation of which they are to be issued. (e) All bonds issued by the authority under this article shall be issued and validated under and in accordance with Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' as heretofore and hereafter amended, except as provided in this article, provided that notes and other obligations of the authority may be, but shall not be required to be, so validated. (f) Bonds issued by the authority may be in such form, either coupon or fully registered or both coupon and fully registered, and may be subject to exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (g) Bonds shall bear a certificate of validation. The signature of the clerk of the superior court of the judicial circuit in which the issuing authority is located may be made on the certificate of validation of such bonds by facsimile or by manual execution stating the date on which such bonds were validated, and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (h) In lieu of specifying the rate or rates of interest which bonds to be issued by an authority are to bear, the notice to the district attorney or Attorney General; the notice to the public of the time, place, and date of the validation hearing; and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which may be fixed or may fluctuate or otherwise change from time to time, specified in such notices and petition and complaint or that, in the event the bonds are to bear different rates of interest for different maturity dates, that note of such rates will exceed the maximum rate which may be fixed or may fluctuate or otherwise change from time to time so specified; provided, however, that nothing contained herein shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (i) The terms 'cost of the project' or 'cost of any project' shall have the meaning prescribed in this article whenever referred to in bond resolutions of the authority; in bonds, notes, or other obligations of the authority; or in notices or proceedings to validate such bonds, notes, or other obligations of the authority. (j) The issuance of any bond, revenue bond, note, or other obligation or the incurring of any debt by the authority must, prior to such, be approved by the Georgia State Financing and Investment Commission established by Article VII, Section IV, Paragraph VII of the Constitution of the State of Georgia of 1983 or its successor.
46-9-348. The implementation of rail passenger excursion projects within the service area develops and promotes, for the public good and general welfare, trade, commerce, tourism, industry, and employment opportunities and promotes the general welfare of the state by creating a climate favorable to the location of new industry, trade, and

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commerce and the development of existing industry, trade, and commerce within the State of Georgia. Implementation of rail passenger excursion projects within the service area under this article will develop and promote, for the public good and general welfare, trade, commerce, tourism, industry, and employment opportunities and will promote the general welfare of the state. It is therefore in the public interest and is vital to the public welfare of the people of Georgia, and it is declared to be the public purpose of this article to so develop rail passenger excursion projects within the service area. No bonds, notes, or other obligations, except refunding bonds, shall be issued by the authority pursuant to this article unless its membership adopts a resolution finding that the project for which such bonds, notes, or other obligations are to be issued will promote the foregoing objectives.
46-9-349. The provisions of this article shall be liberally construed to effect its stated purpose. The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under the Georgia laws regulating the sale of securities, as heretofore and hereafter amended. No notice, proceeding, or publication except those required by this article shall be necessary to the performance of any act authorized by this article, nor shall any such act be subject to referendum.
46-9-350. No bonds, notes, or other obligations of and no indebtedness incurred by the authority shall constitute an indebtedness or obligation of the State of Georgia or any county, municipal corporation, or political subdivision thereof nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state or any such county, municipal corporation, or political subdivision. No holder or holders of any such bonds, notes, or other obligations shall ever have the right to compel any exercise of the taxing power of the state or any county, municipal corporation, or political subdivision thereof nor to enforce the payment thereof against the state or any such county, municipal corporation, or political subdivision.
46-9-351. The authority is created for nonprofit and public purposes; and 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 the state, that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the powers conferred upon it by this article, and for such reasons the state covenants with the holders from time to time of the bonds, notes, and other obligations issued hereunder that the authority shall not be required to pay any taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others or upon its activities in the operation or maintenance of any such property or

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on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise, and that the bonds, notes, and other obligations of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state.
46-9-352. The authorization for rail passenger excursion projects provided by this article shall be in addition to and not limited by any other authorization for rail passenger service or rail passenger service projects provided by this chapter."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

N Amerson Anderson
Y Ashe N Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges N Brock
Brooks Y Broome Y Brown
Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter N Burmeister N Butler Y Campbell N Casas
Chambers Y Channell

N Day Dean Deloach
Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart Y Elrod
Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster N Franklin Y Gardner Y Golick Y Graves, D N Graves, T Y Greene
Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J

Y Hill, C.A Y Hill, V Y Hines
Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley
Jackson James Y Jamieson Y Jenkins Y Jones Jordan N Joyce Y Keen N Knox Y Lane Y Lewis Y Lord Lucas Lunsford Maddox Mangham Manning Y Marin Y Martin Y Massey Y Maxwell

Mobley Y Moraitakis Y Morris
Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snow
Stanley-Turner Stephens, E Y Stephens, R Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Watson Y Westmoreland N White Y Wilkinson Y Willard

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Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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Y Heard, K N Heath Y Heckstall Y Hembree Y Henson N Hill, C

Y McBee Y McCall
McClinton Y Millar
Mills Mitchell

Y Rynders Sailor
Y Scott Shaw
Y Sheldon Y Sholar

Williams, A Williams, E Y Williams, R Y Wix Y Yates Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 129, nays 14.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Holmes of the 48th, Post 1 stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Resolutions of the House were read and adopted:

HR 671. By Representatives Brown of the 89th, Epps of the 90th and Smith of the 110th:
A RESOLUTION commending the LaGrange Personal Aid Association, Inc.; and for other purposes.

HR 672. By Representatives Smith of the 110th, Buck of the 112th, Hugley of the 113th, Buckner of the 109th and Smyre of the 111th:
A RESOLUTION paying tribute to Sister Mary Philomena Fogarty; and for other purposes.

HR 673. By Representatives Buckner of the 82nd, Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Hill of the 81st and Jordan of the 83rd:
A RESOLUTION commending Ministers United for Clayton Harmony; and for other purposes.
HR 674. By Representatives Barnard of the 121st, Post 1, DeLoach of the 127th, Snow of the 1st, Purcell of the 122nd, Smith of the 110th and others:

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A RESOLUTION commending Scott L. Draper; and for other purposes.

HR 675. By Representatives Birdsong of the 104th and Jordan of the 83rd: A RESOLUTION commending Willie Stephens, Jr.; and for other purposes.

HR 676. By Representatives McBee of the 74th, Ashe of the 42nd, Post 2 and Teper of the 42nd, Post 1:
A RESOLUTION expressing regret at the passing of Dr. William M. Suttles; and for other purposes.

HR 677. By Representative Epps of the 90th: A RESOLUTION honoring Morean Marcus Austin; and for other purposes.

Representative Twiggs of the 8th District, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 591 Do Pass

Respectfully submitted, /s/ Twiggs of the 8th
Chairman

The following supplemental Rules Calendar was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR MONDAY, APRIL 7, 2003

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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 07, 2003, by adding the following:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 263 HR 407

Subsequent Injury Trust Fund Joint Study Committee; create House Study Committee on Special License Plates; create

DEBATE CALENDAR

HB 226 HB 321
HB 346 HB 373
HB 670 HB 722 HB 770 HB 771 HB 792 HB 903

County and state ordinances; violation; increase penalty Subdivisions accessing state highway system; Department of Transportation approval Sales tax; educational purposes; local boards; performance audit Electric membership corporations; transmission line siting committee; provisions Juvenile proceedings; youthful offenders; amend provisions Domestic relations; temporary protective orders; duration Indigent Defense Act; enact; circuit public defenders Ethics in government; amend provisions Civil practice; class actions; comprehensive revision of provisions Open records; exemption; certain personal information

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HR 263. By Representatives Bannister of the 70th, Post 1, Smith of the 13th, Post 2, Ralston of the 6th, Williams of the 4th and Maddox of the 59th, Post 2:
A RESOLUTION creating the Subsequent Injury Trust Fund Joint Study Committee; and for other purposes.

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The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

HR 407. By Representative Parham of the 94th:
A RESOLUTION creating the House Study Committee on Special License Plates; 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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn
Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell

Y Day Dean Deloach
Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming
Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene
Greene-Johnson Y Hanner Y Harbin
Harper Y Harrell Y Heard, J

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones
Jordan Joyce Y Keen Knox Y Lane Y Lewis Y Lord Lucas Y Lunsford Maddox Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell

Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B
Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Y Ray E Reece, B Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L
Rogers, C Y Rogers, Ch. Y Royal

Y Sims Sinkfield
Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson
Westmoreland Y White Y Wilkinson Y Willard

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Y Childers Y Coan Y Coleman, B
Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson
Hill, C

Y McBee Y McCall
McClinton Y Millar
Mills Mitchell

Y Rynders Sailor
Y Scott Y Shaw Y Sheldon Y Sholar

Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the adoption of the Resolutions, the ayes were 148, nays 0. The Resolutions, having received the requisite constitutional majority, were adopted.

HB 792. By Representatives Porter of the 119th and Buck of the 112th:
A BILL to amend Article 4 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to parties in civil actions, so as to provide for the comprehensive revision of provisions regarding class actions; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, known as the "Georgia Civil Practice Act," so as to provide for the comprehensive revision of provisions regarding class actions; to provide for procedures, conditions, and limitations; to change a cross-reference in Code Section 9-11-41, relating to dismissal and recommencement of actions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 11 of Title 9 of the Official Code of Georgia Annotated, known as the "Georgia Civil Practice Act," is amended by striking Code Section 9-11-23, relating to class actions, and inserting in its place a new Code Section 9-11-23 to read as follows:
"9-11-23. (a) Representation. If persons constituting a class are so numerous as to make it impracticable to bring them all before the court, such of them, one or more, as will fairly ensure the adequate representation of all may, on behalf of all, bring or defend an action when the character of the right sought to be enforced for or against the class is:

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(1) Joint, or common, or secondary in the sense that the owner of a primary right refuses to enforce that right and a member of the class thereby becomes entitled to enforce it; or (2) Several, and the object of the action is the adjudication of claims which do or may affect specific property involved in the action. (b) Secondary action by shareholders. In an action brought to enforce a secondary right on the part of one or more shareholders in an association, incorporated or unincorporated, because the association refuses to enforce rights which may properly be asserted by it, the complaint shall be verified by oath and shall aver that the plaintiff was a shareholder at the time of the transaction of which he or she complains or that his or her share thereafter devolved on him or her by operation of law. The complaint shall also set forth with particularity the efforts of the plaintiff to secure from the managing directors or trustees such actions as the plaintiff desires and the reasons for his or her failure to obtain such action or the reasons why irreparable injury to the association, incorporated or unincorporated, would result by waiting for 90 days from the date of the demand upon the managing directors or trustees. This Code section is cumulative of Code Section 14-2-831. (c) Dismissal or compromise. A class action shall not be dismissed or compromised without the approval of the court. If the right sought to be enforced is one defined in paragraph (1) of subsection (a) of this Code section, notice of the proposed dismissal or compromise shall be given to all members of the class in such manner as the court directs. If the right is one defined in paragraph (2) of subsection (a) of this Code section, notice shall be given only if the court requires it. 9-11-23. (a) One or more members of a class may sue or be sued as representative parties on behalf of all only if: (1) The class is so numerous that joinder of all members is impracticable; (2) There are questions of law or fact common to the class; (3) The claims or defenses of the representative parties are typical of the claims or defenses of the class; and (4) The representative parties will fairly and adequately protect the interests of the class. (b) An action may be maintained as a class action if the prerequisites of subsection (a) of this Code section are satisfied, and, in addition: (1) The prosecution of separate actions by or against individual members of the class would create a risk of:
(A) Inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class; or (B) Adjudications with respect to individual members of the class which would as a practical matter be dispositive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests; (2) The party opposing the class has acted or refused to act on grounds generally

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applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole; or (3) The court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The matters pertinent to the findings include:
(A) The interest of members of the class in individually controlling the prosecution or defense of separate actions; (B) The extent and nature of any litigation concerning the controversy already commenced by or against members of the class; (C) The desirability or undesirability of concentrating the litigation of the claims in the particular forum; and (D) The difficulties likely to be encountered in the management of a class action. (c)(1) As soon as practicable after the commencement of an action brought as a class action, the court shall determine by order whether it is to be so maintained. An order under this subsection may be conditional, and may be altered or amended before the decision on the merits. (2) In any class action maintained under paragraph (3) of subsection (b) of this Code section, the court shall direct to the members of the class the best notice practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort. The notice shall advise each member that: (A) The court will exclude the member from the class if the member so requests by a specified date; (B) The judgment, whether favorable or not, will include all members who do not request exclusion; and (C) Any member who does not request exclusion may, if the member desires, enter an appearance through counsel. (3) The judgment in an action maintained as a class action under paragraph (1) or (2) of subsection (b) of this Code section, whether or not favorable to the class, shall include and describe those whom the court finds to be members of the class. The judgment in an action maintained as a class action under paragraph (3) of subsection (b) of this Code section, whether or not favorable to the class, shall include and specify or describe those to whom the notice provided in paragraph (2) of subsection (b) of this Code section was directed, and who have not requested exclusion, and whom the court finds to be members of the class. (4) When appropriate: (A) An action may be brought or maintained as a class action with respect to particular issues; or (B) A class may be divided into subclasses and each subclass treated as a class, and the provisions of this rule shall then be construed and applied accordingly. (d) In the conduct of actions to which this rule applies, the court may make appropriate orders: (1) Determining the course of proceedings or prescribing measures to prevent undue

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repetition or complication in the presentation of evidence or argument; (2) Requiring, for the protection of the members of the class or otherwise for the fair conduct of the action, that notice be given in such manner as the court may direct to some or all of the members of any step in the action, or of the proposed extent of the judgment, or of the opportunity of members to signify whether they consider the representation fair and adequate, to intervene and present claims or defenses, or otherwise to come into the action; (3) Imposing conditions on the representative parties or on intervenors; and (4) Requiring that the pleadings be amended to eliminate therefrom allegations as to representation of absent persons, and that the action proceed accordingly. The orders may be combined with other orders, and may be altered or amended by the court as may be desirable from time to time. (e) A class action shall not be dismissed or compromised without the approval of the court, and notice of the proposed dismissal or compromise shall be given to all members of the class in such manner as the court directs. (f) The appropriate appellate court may in its discretion permit an appeal from an order of a trial court granting or denying class action certification under this Code section if application is made to it within ten days after entry of the order. An appeal does not stay proceedings in the trial court unless the trial judge or the appellate court so orders."
SECTION 2. Said chapter is further amended by striking subsection (a) of Code Section 9-11-41, relating to dismissal and recommencement of actions, and inserting in lieu thereof the following:
"(a) Voluntary dismissal; effect. Subject to the provisions of subsection (c) (e) of Code Section 9-11-23, of Code Section 9-11-66, and of any statute, an action may be dismissed by the plaintiff, without order or permission of court, by filing a written notice of dismissal at any time before the plaintiff rests his or her case. After the plaintiff rests his or her case, permission and an order of the court must be obtained before dismissal. If a counterclaim has been pleaded by a defendant prior to the service upon him or her of the plaintiffs motion to dismiss, the action shall not be dismissed against the defendants objection unless the counterclaim can remain pending for independent adjudication by the court. A dismissal under this subsection is without prejudice, except that the filing of a third notice of dismissal operates as an adjudication upon the merits."
SECTION 3. This Act shall become effective on September 1, 2003, and shall apply to all cases filed on or after September 1, 2003.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn E Burkhalter Y Burmeister Y Butler Y Campbell
Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T
Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Hill, C.A Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 170, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Jenkins of the 93rd stated that he had been called from the floor of the

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House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 321. By Representatives Floyd of the 132nd and Twiggs of the 8th:
A BILL to amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads, so as to provide that proposed or existing subdivisions that access a state highway system shall be required to obtain Department of Transportation approval prior to undertaking additions or changes to plats that might affect road safety; and for other purposes.

The report of the Committee, which was favorable to the 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 Amerson N Anderson Y Ashe N Bannister Y Barnard Y Barnes Y Beasley-Teague
Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome N Brown
Bruce Y Buck Y Buckner, D N Buckner, G N Bunn E Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan

N Day Y Dean Y Deloach Y Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner
Dukes N Ehrhart N Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J N Fludd N Forster N Franklin Y Gardner
Golick Y Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner N Harbin N Harper E Harrell N Heard, J Y Heard, K N Heath

Y Hill, C.A Y Hill, V N Hines Y Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins N Jones N Jordan N Joyce N Keen N Knox Y Lane N Lewis N Lord Y Lucas N Lunsford
Maddox Mangham Y Manning Y Marin N Martin N Massey N Maxwell Y McBee N McCall

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J N Murphy, Q
Noel Y Oliver, B N Oliver, M Y O'Neal
Orrock N Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell N Ralston Y Randall Y Ray E Reece, B Y Reece, S N Rice Y Richardson N Roberts, J Y Roberts, L N Rogers, C N Rogers, Ch. Y Royal
Rynders Y Sailor

Y Sims Sinkfield
Y Skipper N Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A N Thomas, A.M Y Thompson Y Twiggs
Walker, L N Walker, R.L N Warren Y Watson Y Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E

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Y Coleman, B Cooper
Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Heckstall Y Hembree
Henson N Hill, C

Y McClinton Millar
N Mills Y Mitchell

N Scott Y Shaw N Sheldon Y Sholar

Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 99, nays 60. The Bill, having received the requisite constitutional majority, was passed.

HB 226. By Representatives Randall of the 107th, Harbin of the 80th and Jenkins of the 93rd:
A BILL to amend Code Section 15-10-60 of the Official Code of Georgia Annotated, relating to the applicability of the article on violation of ordinances of county and state authorities and imposition of suspended sentences, so as to provide for increased jail punishment; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Code Section 15-10-60 of the Official Code of Georgia Annotated, relating to the applicability of the article on violation of ordinances of county and state authorities and imposition of suspended sentences, so as to change provisions relating to sentencing; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-10-60 of the Official Code of Georgia Annotated, relating to the applicability of the article on violation of ordinances of county and state authorities and imposition of suspended sentences, is amended by striking subsection (a) and inserting in lieu thereof the following:
"(a) This article governs trials of violations of county ordinances and ordinances of state authorities, which violations may be punished by incarceration or monetary penalty. Nothing in this chapter shall grant to any county or state authority more authority to enact or enforce such ordinances than the county or state authority has independently of this chapter. The punishment imposed for any ordinance violation shall not exceed a fine of $1,000.00 or 60 days six months imprisonment or both,

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provided the judge shall probate not less than 120 days of any sentence imposed, and not more than 60 days of the probated sentence shall be subject to probation revocation, except as otherwise provided by general law, and shall not exceed the maximum punishment specified by the ordinance."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Randall of the 107th moves to amend the Committee substitute to HB 226 by striking lines 17 through 19 of page 1 and inserting in lieu thereof the following:
"not less than 120 days of any sentence imposed, except as otherwise provided by general law, and shall not exceed the maximum punishment specified by the ordinance. In the event a sentence is revoked, a defendant shall not serve more than 60 days in a county jail.'"

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe Y Bannister N Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs N Bordeaux Y Borders Y Bridges Y Brock Y Brooks
Broome

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley N Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston
Howard Howell Y Hudson Y Hugley Y Jackson James Y Jamieson Y Jenkins N Jones Y Jordan Y Joyce Y Keen

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock
Parham Y Parrish Y Parsons Y Porter Y Powell

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet

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Y Brown Bruce
Y Buck Y Buckner, D Y Buckner, G Y Bunn E Burkhalter Y Burmeister N Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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Y Forster Y Franklin Y Gardner Y Golick
Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin
Harper E Harrell N Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson N Hill, C

N Knox N Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning
Marin Y Martin Y Massey N Maxwell Y McBee N McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S N Rice Y Richardson N Roberts, J Y Roberts, L N Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor N Scott Y Shaw Y Sheldon Y Sholar

Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E
Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 149, nays 17.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 689 Do Pass HB 714 Do Pass, by Substitute HB 865 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

Under the general order of business, established by the Committee on Rules, the

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following Bills of the House were taken up for consideration and read the third time:

HB 578. By Representatives Marin of the 66th, Mobley of the 58th, Hill of the 81st, Porter of the 119th, Coleman of the 118th and others:
A BILL to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for legislative findings; to provide a title; to change certain provisions relating to the definition of "resident"; to provide for other forms of identification to be included in applications for drivers' licenses; to provide that the department shall accept drivers' licenses from other countries; to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the Child Support Recovery Act; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers licenses, so as to change certain provisions relating to applications and fees for drivers licenses; to change certain provisions relating to restricted licenses; to provide for a restricted license for certain persons who are not citizens of the United States; to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the Child Support Recovery Act, so as to change certain provisions relating to the duty to furnish information about the obligor to the department; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers licenses, is amended in Code Section 40-525, relating to applications and fees for drivers licenses, by striking subsection (c) and inserting in its place the following:
"(c) Every such application shall state the full name, date of birth, sex, and residence address of the applicant; shall briefly describe the applicant; and shall state whether the applicant has theretofore been licensed as a driver and, if so, when and by what state or country, and whether any such license has ever been suspended, revoked, or refused, and, if so, the date of and reason for such suspension, revocation, or refusal; and shall

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state such other information as the commissioner may require to determine the applicants identity, competence, and eligibility. The application shall include any other identification information as required by paragraph (1) of subsection (a.1) of Code Section 19-11-9.1. The department shall not issue a license until a complete examination of the applicants record has been completed. The commissioner may issue such rules and regulations as shall be necessary for the orderly processing of license applications. (c.1) Any person who knowingly makes any false statement or submits any false document, including any false identification relating to information as provided in paragraph (1) of subsection (a.1) of Code Section 19-11-9.1, 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 2. Said article is further amended by striking Code Section 40-5-30, relating to restricted licenses, and inserting in lieu thereof the following:
"40-5-30. (a) Upon issuing a drivers license, the department shall have authority, whenever good cause appears, to impose restrictions suitable to the licensees driving ability with respect to special mechanical control devices required on a motor vehicle which the licensee may operate or such other restrictions applicable to the licensee as the department may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee. The commissioner may promulgate such rules and regulations as are necessary to implement this Code section. (b) The department may either issue a special restricted license or set forth such restrictions upon the usual license form.
(b.1)(1) As used in this subsection, the term 'Free Trade Area of the Americas' means Argentina, the Bahamas, Barbados, Barbuda, Belize, Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica, Dominica, Dominican Republic, Ecuador, El Salvador, Granada, Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago, Uruguay, and Venezuela. (2) Any person who is a citizen of any nation included in the Free Trade Area of the Americas and who satisfies all applicable eligibility requirements for a noncommercial class of drivers license other than United States citizenship or proof of legal authorization from the U.S. Immigration and Naturalization Service may be issued a restricted drivers license for such class under this subsection. (3) A restricted drivers license issued under this subsection shall expire on the licensees birthday in the year following the issuance of such license, the provisions of Code Section 40-5-32 notwithstanding; but such restricted drivers license may be renewed on or before its expiration in the same manner as provided for renewal under Code Section 40-5-32. (4) A restricted drivers license issued under this subsection shall entitle the licensee

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to operate a motor vehicle in this state only for purposes of: (A) Going to his or her place of employment or performing the normal duties of his or her occupation; (B) Receiving scheduled medical care or obtaining prescription drugs; and (C) Attending a college or school at which he or she is regularly enrolled as a student.
All restrictions provided by this paragraph shall be endorsed on each drivers license issued pursuant to this subsection.
(5)(A) A restricted license issued under this Code section shall not confer rights of citizenship upon the holder of such license. (B) The provisions of subparagraph (A) of this paragraph shall be printed on the license. (c) The department, upon receiving satisfactory evidence of any violation of the restrictions of any such license, may revoke the license, but the licensee shall be entitled to a hearing as upon a revocation under subsection (c) of Code Section 40-5-59. No person shall operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him or her."
SECTION 3. Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the Child Support Recovery Act, is amended by striking paragraph (1) of subsection (a.1) of Code Section 19-11-9.1, relating to the duty to furnish information about the obligor to the department, and inserting in its place the following:
"(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. Applicants who do not have a social security number and who are otherwise eligible for a drivers license may provide to the Department of Motor Vehicle Safety any one of the following documents: a drivers license issued from his or her country of citizenship, a federal tax identification number, a valid passport, or a certified citizenship document or birth document issued by a consulate or embassy in the United States. 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 or other forms of identification authorized by this subsection 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."

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SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe N Bannister N Barnard N Barnes Y Beasley-Teague Y Benfield Y Birdsong N Black N Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks N Broome N Brown
Bruce N Buck N Buckner, D N Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers N Channell N Childers N Coan N Coleman, B N Cooper N Crawford N Cummings

N Day Dean
N Deloach N Dix Y Dodson N Dollar N Dooley N Douglas Y Drenner Y Dukes N Ehrhart N Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner N Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner N Harbin N Harper E Harrell N Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson N Hill, C

N Hill, C.A Y Hill, V N Hines Y Holmes N Houston N Howard Y Howell N Hudson Y Hugley N Jackson Y James N Jamieson N Jenkins N Jones Y Jordan N Joyce N Keen N Knox Y Lane N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham N Manning Y Marin N Martin N Massey N Maxwell N McBee N McCall N McClinton N Millar N Mills
Mitchell

Y Mobley Y Moraitakis
Morris Y Mosby N Mosley N Murphy, J N Murphy, Q Y Noel N Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter
Powell N Purcell N Ralston N Randall N Ray E Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor N Scott Y Shaw N Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L N Smith, P N Smith, T N Smith, V Y Smyre
Snow Stanley-Turner N Stephens, E N Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs N Walker, L N Walker, R.L N Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R N Wix N Yates Coleman, Speaker

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On the passage of the Bill, by substitute, the ayes were 64, nays 105. The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Teilhet of the 34th, Post 2 stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Snow of the 1st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Skipper of the 116th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 578.

HB 346. By Representatives Millar of the 52nd, Royal of the 140th, Watson of the 60th, Post 2, Williams of the 4th and Drenner of the 57th:
A BILL to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales tax for educational purposes, so as to provide that when certain sales taxes for educational purposes are imposed, each board of education expending proceeds of the tax shall undergo a performance audit or performance review of such expenditures; to provide for contracts for such performance audit or review; and for other purposes.

The report of the Committee, which was favorable to the 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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes

Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow

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Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown
Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper E Harrell N Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen
Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning
Marin Y Martin Y Massey N Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y O'Neal Orrock
Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland
White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Coleman, Speaker

On the passage of the Bill, the ayes were 166, nays 2. The Bill, having received the requisite constitutional majority, was passed.

Representative Heard of the 70th, Post 3 stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 722. By Representatives Jenkins of the 93rd, Orrock of the 51st, Bordeaux of the 125th, Ashe of the 42nd, Post 2, Willard of the 40th and others:
A BILL to amend Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to protective orders and consent agreements, issuance, expiration, and enforcement, so as to change the duration of temporary protective orders; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown
Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B
Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Gardner Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Hanner Harbin Y Harper E Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell
Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon Y Sholar

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren
Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 167, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

Mr. Speaker:

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The Senate has adopted by the requisite constitutional majority the following Resolution of the House:
HR 545. By Representatives Coleman of the 118th, Skipper of the 116th, Day of the 126th, Smyre of the 111th, Buck of the 112th and others:
A RESOLUTION inviting former President and Nobel Laureate Jimmy Carter to address a joint session of the House of Representatives and the Senate; and for other purposes.
The President appointed as a committee of escort on the part of the Senate the following Senators: Johnson of the 1st, Harp of the 16th, Meyer von Bremen of the 12th, Hooks of the 14th, Harbison of the 15th, Tate of the 38th and Price of the 56th.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 770. By Representatives Coleman of the 118th, Porter of the 119th, Fleming of the 79th, Smyre of the 111th, Skipper of the 116th and others:
A BILL to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to enact the "Georgia Indigent Defense Act"; to provide a short title; to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to the legal defense of indigents, so as to provide for the repeal of the articles of said chapter at various times; to amend Code Section 21-2-502 of the Official Code of Georgia Annotated; to amend Title 35 of the Official Code of Georgia Annotated; to amend Code Section 36-231of the Official Code of Georgia Annotated; to amend Code Section 45-7-4 of the Official Code of Georgia Annotated; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to enact the "Georgia Indigent Defense Act"; to provide a short title; to define certain terms; to provide for the appointment of a circuit public defender in each judicial circuit; to provide for eligibility; to provide for the appointment of conflict counsel; to provide for the representation of indigent persons in certain cases; to provide

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for duties of a circuit public defender; to provide for a salary; to prohibit the practice of law for profit; to provide for reimbursement of expenses; to provide for a budget; to provide for the appointment of assistant public defenders and their salaries; to provide for the appointment of investigators and their salaries; to provide for the filling of a vacancy in office; to provide for the employment of staff; to provide for the status of employees as public employees; to provide for additional positions paid for by counties; to provide that no attorney employed full time by the circuit public defender shall engage in the private practice of law for profit; to provide for the provision of offices and facilities by counties; to provide for contracting with the circuit public defender; to provide for the removal of a circuit public defender for cause; to authorize third-year law students to assist circuit public defenders; to provide qualifications; to create the Georgia Public Defender Standards Council; to provide for membership, appointment, and terms of office; to provide for duties; to provide for continuing legal education; to provide for a report of activities; to provide that such council shall assume all duties, responsibilities, liabilities, assets, and obligations of the Georgia Indigent Defense Council; to provide that the Georgia Indigent Defense Council shall be abolished; to provide for a transition; to provide for the office of the multicounty public defender; to provide for legal status; to provide that the Georgia Public Defender Standards Council shall be responsible for such office; to provide for the appointment of multicounty public defenders; to provide for salaries and a budget; to provide for the employment of personnel; to provide for transition; to provide for the defense of persons accused of a capital felony; to provide for the office of mental health advocacy; to provide that such office shall be a continuation of the mental health advocacy division of the Georgia Indigent Defense Council; to provide for a budget; to provide for the employment of personnel; to provide for the representation of persons adjudged or alleging insanity; to continue in effect the laws relating to the defense of indigents in capital cases for a certain period of time; to provide for the appointment of defense attorneys; to provide for representation upon appeal; to provide for reimbursement; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change certain references; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change certain references; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to change certain references; to amend Code Section 36-32-1 of the Official Code of Georgia Annotated, relating to the establishment of municipal courts, punishments, and the selection, election, or appointment of the mayor pro tempore or recorder pro tempore, so as to provide for certain defense of indigent persons; 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 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking Chapter 12, relating of the legal defense of indigents, and inserting

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in lieu thereof the following:
"CHAPTER 12 ARTICLE 1
17-12-1. (a) This chapter shall be known and may be cited as the 'Georgia Indigent Defense Act of 2003.' (b) The purpose of this chapter is to ensure that all indigent defendants who are entitled to legal representation under the Constitution and laws of the United States and the State of Georgia are provided uniformly effective representation in each of the judicial circuits of the State of Georgia. Toward that goal, this article establishes a state-wide, independent Georgia Public Defender Standards Council. (c) The General Assembly declares that the council shall at all times serve its clients independently of any political considerations or private interests and conduct the business of the board in accordance with all applicable standards of ethics, performance, and professionalism.
17-12-2. As used in this article, the term 'council' means the Georgia Public Defender Standards Council.
17-12-3. (a) There is created the Georgia Public Defender Standards Council to be composed of 15 members. (b) The membership of the council shall be appointed as follows:
(1) Two members shall be appointed by the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court of Georgia, and the Chief Judge of the Georgia Court of Appeals. The members of the council shall be individuals with significant experience working in the criminal justice system or who have demonstrated a strong commitment to the provision of adequate and effective representation of indigent defendants. These members shall serve terms of four years; (2) In addition, there shall be five circuit public defenders who shall serve on the council. After the initial appointments as set forth in paragraph (3) of this subsection, the first subsequent council shall be five circuit public defenders from districts one, three, five, seven, and nine of the ten judicial administration districts in the state. The second subsequent council shall be five circuit public defenders from districts two, four, six, eight, and ten of the ten judicial administration districts in the state. Each district shall be represented in turn by the circuit public defenders of the judicial circuit of the district in alphabetical order and rotating through the circuits in alphabetical order. These members shall serve terms of two years; (3) All initial appointments shall be made to become members of the council on July

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1, 2003, and their successors shall become members of the council on July 1 following their appointment. Notwithstanding the provisions of paragraph (2) of this subsection, the initial members representing the ten judicial administration districts shall be made by the Supreme Court of Georgia. Each member shall be engaged on a full-time basis in the provision of criminal defense to the indigent; (4) Any vacancy for a member appointed pursuant to paragraphs (1) and (3) of this subsection shall be filled by the appointing authority; and (5) Any vacancy for a member appointed pursuant to paragraph (2) of this subsection shall be the successor to the circuit public defender as set forth in subsection (d) of Code Section 17-12-21. (c) In making these appointments, the appointing authorities shall seek to identify and appoint persons who represent a diversity of backgrounds and experience, and shall receive suggestions from the State Bar of Georgia, state and local bar associations, the Georgia Association of Criminal Defense Lawyers, the councils representing the various categories of state court judges in Georgia, and the Prosecuting Attorneys Council of the State of Georgia, as well as from the public and other interested organizations and individuals within the state. (d) This Code section shall become effective on July 1, 2003, for purposes of making the initial appointments to the council.
17-12-4. (a) The council:
(1) Shall be a legal entity; (2) Shall have perpetual existence; (3) May contract; (4) May own property; (5) May accept funds, grants, and gifts from any public or private source, which shall be used to defray the expenses incident to implementing its purposes; (6) May adopt and use an official seal; (7) May establish a principal office; (8) May hire such administrative and clerical personnel as may be necessary and appropriate to fulfill its purposes; and (9) Shall have such other powers, privileges, and duties as may be reasonable and necessary for the proper fulfillment of its purposes. (b) The council shall establish auditing procedures as may be required in connection with the handling of public funds. The state auditor is authorized and directed to make an annual audit of the transactions of the council and to make a complete report of the same to the General Assembly. The report shall disclose all moneys received by the council and all expenditures made by the council, including administrative expense. The state auditor shall also make an audit of the affairs of the council at any time when requested to do so by a majority of the council or by the Chief Justice of the Supreme Court of Georgia. (c) The council may not provide compensation from its funds to any administrative or

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clerical personnel employed by the council if the personnel are then receiving retirement compensation from any retirement or pension fund created by Title 47 to provide compensation for past services as a judicial officer, prosecuting attorney, indigent defense attorney, court officer, or law enforcement officer except for county or municipal retirement funds.
17-12-5. (a) The council shall assist the public defenders throughout the state in their efforts to provide adequate legal defense to the indigent. Assistance may include:
(1) The preparation and distribution of a basic defense manual and other educational materials; (2) The preparation and distribution of model forms and documents employed in indigent defense; (3) The promotion of and assistance in the training of indigent defense attorneys; (4) The provision of legal research assistance to public defenders; and (5) The provision of such other assistance to public defenders as may be authorized by law. (b) The council: (1) Shall be the fiscal officer for the circuit public defender offices; and (2) Shall collect, maintain, review, and publish records and statistics for the purpose of evaluating the delivery of indigent defense representation in Georgia.
17-12-6. (a) All members of the council shall at all times act in the best interest of indigent defendants who are receiving legal representation under the provisions of this chapter. (b) All members of the council shall be entitled to vote on any matter coming before the council unless otherwise provided by law or by rules adopted by the council concerning conflicts of interest. (c) Each member of the council shall serve until a successor has been appointed. Removal of council members shall be for cause and shall be in accordance with policies and procedures adopted by the council. (d) Unless otherwise provided in this article, a quorum shall be a majority of the members of the council who are then in office, and decisions of the council shall be by majority vote of the members present, except that a majority of the entire council must approve the appointment or removal of the chairperson or removal of a circuit public defender for cause pursuant to Code Section 17-12-21. (e) The council shall meet at least quarterly and at such other times and places as it deems necessary or convenient for the performance of its duties. (f) The council shall elect a chairperson and such officers from the members of the council as it deems necessary and shall adopt such rules for the transaction of its business as it desires. The chairperson and officers shall serve for a term of two years and may be removed without cause by a vote of two-thirds of the members of the entire council and for cause by a majority vote of the entire council. The chairperson shall

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retain a vote on all matters except those in which the chairperson has a conflict of interest or the removal of the chairperson for cause. The council shall keep and maintain minutes of all council meetings. (g) The members of the council shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties as members of the council. Any expenses incurred by the council shall be paid from the general operating budget of the council.
17-12-7. (a) The council shall approve the development and improvement of programs which provide legal representation to indigent persons and juveniles. (b) The council shall approve and implement programs, services, rules, policies, procedures, regulations, and standards as may be necessary to fulfill the purposes and provisions of this article and to comply with all applicable laws governing the rights of indigent persons accused of violations of criminal law. Standards shall include, but shall not be limited to, the following:
(1) Standards for maintaining and operating circuit defender offices, including requirements regarding qualifications, training, and size of the legal and supporting staff of such offices; (2) Standards prescribing minimum experience, training, and other qualifications for appointed counsel where a conflict of interest arises between the public defender and an indigent person; (3) Standards for assistant public defender and appointed counsel caseloads; (4) Standards for the performance of assistant public defenders and appointed counsel representing indigent persons; (5) Standards and procedures for the appointment of independent, competent, and efficient counsel for representation in both the trial and appellate courts of indigent persons whose cases present conflicts of interest; (6) Standards for providing and compensating experts, investigators, and other persons who provide services necessary for the effective representation of indigent persons; (7) Standards for qualifications and performance of counsel representing indigent persons in capital cases; (8) Standards for determining indigence and for assessing and collecting the costs of legal representation and related services; (9) Standards for compensation of attorneys appointed to represent indigent persons under this article. (10) Standards for removal for cause pursuant to Code Section 17-12-21; (11) Standards for a uniform definition of a 'case' for purposes of determining caseload statistics; and (12) Standards for accepting contractual indigent defense representation.

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17-12-8. The council shall be authorized to conduct or approve for credit or reimbursement, or both, basic and continuing legal education courses or other appropriate training programs for the circuit public defenders or their staff members. The council, in accordance with such rules as it shall adopt, shall be authorized to provide reimbursement, in whole or in part, for the actual expenses incurred by any circuit public defender or their staff members in attending any approved course or training program from funds as may be appropriated or otherwise made available to the council. Notwithstanding any other provision of law, the circuit public defenders or their staff members shall be authorized to receive reimbursement for actual expenses incurred in attending approved courses or training programs, provided that no person shall be entitled to claim reimbursement under both this Code section and Code Section 17-1227. The council shall adopt rules governing the approval of courses and training programs for credit or reimbursement as may be necessary to administer this Code section properly.
17-12-9. (a) The council shall prepare annually a report of its activities in order to provide the General Assembly, the Governor, and the Supreme Court of Georgia with an accurate description and accounting of the preceding years expenditures and accomplishments. (b) The council shall also provide to the General Assembly, the Governor, and the Supreme Court of Georgia a detailed analysis of all grants and funds, whether public or private, applied for or granted, together with how and in what manner the same are to be utilized and expended.
17-12-10. (a) On December 31, 2003, the Georgia Public Defender Standards Council shall assume all powers, duties, and obligations of the Georgia Indigent Defense Council created by former Code Section 17-12-32, and all references in this Code to the Georgia Indigent Defense Council shall be deemed to be references to the Georgia Public Defender Standards Council. Such powers shall include, without limitation, making grants and distributions to the counties. (b) At least 90 percent of all state appropriated funds to the former Georgia Indigent Defense Council or the Georgia Public Defender Standards Council shall be distributed to counties for the January 1, 2004, through December 31, 2004, time period, based upon previous year expenditures for the provision of defense services at the local level. (c) On December 31, 2003, the employees in good standing, assets, and resources of the Georgia Indigent Defense Council shall be transferred to the Georgia Public Defender Standards Council, and the council shall assume any executory contractual obligations of the Georgia Indigent Defense Council, provided that allocated funding resources for such obligations are also transferred. All full-time employees of the Georgia Public Defender Standards Council shall be state employees in the unclassified service of the State Merit System of Personnel Administration with all of the benefits of

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appointed state employees provided by law.
17-12-11. From January 1, 2005, through December 31, 2005, the Georgia Public Defender Standards Council shall coordinate the transition from the procedures for providing criminal defense to indigent persons in effect on December 31, 2004, in each county to the procedures provided in Article 1 of this chapter. On and after January 1, 2005, the provisions of Article 1 of this chapter shall govern the public provision of criminal defense to indigent persons in the courts of this state.
17-12-12. This article shall become effective on December 31, 2003, except as specified in Code Section 17-12-3.
ARTICLE 2
17-12-20. As used in this article, the term:
(1) 'Assistant public defender' means an attorney who is employed by any circuit public defender or conflict defender office. (2) 'Circuit public defender' means the head of a public defender office providing indigent defense representation within any given judicial circuit of this state. (3) 'Circuit public defender office' means the office of any of the several circuit public defenders. (4) 'Council' means the Georgia Public Defender Standards Council.
17-12-21. (a) There is created in each judicial circuit in the state a circuit public defender selection panel to be composed of five members. The membership shall be composed of one member each appointed by the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court of Georgia, and the chief judge of the superior court of the circuit. Members of the circuit public defender selection panel shall be individuals with significant experience working in the criminal justice system or who have demonstrated a strong commitment to the provision of adequate and effective representation of indigent defendants. The circuit public defender selection panel members shall serve for a term of four years. Any vacancy for an appointed member shall be filled by the appointing authority. (b) By majority vote of its membership, the circuit public defender selection panel shall appoint the circuit public defender in the circuit as provided in this article. The first such appointments shall be made to take office on January 1, 2005, for terms of four years. The initial appointments shall be for a term of four years. (c) A circuit public defender may be removed for cause by a majority vote of the council.

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(d) If a vacancy occurs for the position of circuit public defender, the chief judge of the superior court of the circuit shall appoint an interim circuit public defender to serve until the circuit public defender selection panel has appointed a replacement to serve out the unexpired term of office. The circuit public defender selection panel shall appoint a replacement circuit public defender within three months of the occurring of the vacancy.
17-12-22. To be eligible to fill the position of circuit public defender, a person must:
(1) Have attained the age of 25 years; (2) Have been duly admitted and licensed to practice law in the superior courts for at least three years; (3) Be a member in good standing of the State Bar of Georgia; and (4) If previously disbarred from the practice of law, have been reinstated as provided by law.
17-12-23. (a) The council shall establish a procedure for providing legal representation in cases where the circuit public defender office has a conflict of interest. This procedure may be by appointment of individual counsel on a case-by-case basis or by the establishment of a conflict defender office in those circuits where the volume of cases may warrant a separate conflict defender office. (b) Lawyers who seek appointment in conflict cases must have such experience or training in the defense of criminal cases as is necessary in light of the complexity of the case to which they are appointed and must meet such qualifications and standards for the representation of indigent defendants as are established by the council. (c) The circuit public defender shall establish a method for identifying conflicts of interest at the earliest possible opportunity.
17-12-24. (a) The circuit public defender shall provide representation in the following actions and proceedings:
(1) Any case prosecuted in a superior court under the laws of the State of Georgia in which there is a possibility that a sentence of imprisonment or probation or a suspended sentence of imprisonment may be adjudged; (2) A hearing on a revocation of probation in a superior court; (3) Any juvenile court case where the juvenile may face a disposition of confinement, commitment, or probation; and (4) Any direct appeal of any of the proceedings enumerated in paragraphs (1) through (3) of this subsection. (b) In each of the actions and proceedings enumerated in subsection (a) of this Code section, entitlement to the services of counsel begins as soon as is feasible and no more than 72 hours after the indigent person is taken into custody or service is made upon

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him or her of the charge, petition, notice, or other initiating process. (c) Each circuit public defender shall establish a juvenile division within the circuit public defender office to specialize in the defense of juveniles. (d) A city, county, or consolidated government may contract with the circuit public defender office for the provision of criminal defense for indigent persons accused of violating city, county, or consolidated government ordinances or state laws.
17-12-25. (a) The council shall establish guidelines for determining the financial eligibility of persons claiming indigence, and the circuit public defender and any other person or entity providing indigent defense services shall use the guidelines to determine the financial eligibility of any person or juvenile arrested, detained, or charged in any manner that would entitle him or her to representation under this article. (b) The circuit public defenders shall administer and coordinate the day-to-day operations of their respective offices and shall supervise the assistant public defenders and other staff serving in the office. (c) The circuit public defender shall keep and maintain appropriate records, which shall include the number of persons represented under this article, including cases assigned to other counsel based on conflict of interest; the offenses charged; the outcome of each case; the expenditures made in carrying out the duties imposed by this article; and any other information requested by the council.
17-12-26. (a) Each circuit public defender shall receive an annual salary and cost-of-living adjustments from state funds as prescribed by the council. (b) The county or counties comprising the judicial circuit may supplement the salary of the circuit public defender in an amount as is or may be authorized by local Act or in an amount as may be determined by the governing authority of the county or counties, whichever is greater. (c) No circuit public defender shall engage in the private practice of law for profit.
17-12-27. (a) The council shall prepare and submit to the Judicial Council of Georgia an annual proposed budget necessary for fulfilling the purposes of this article in accordance with Code Section 45-12-78. The budget request shall be based on the previous years expenditures and budget requests submitted by each circuit public defender, the multicounty public defender office, and the office of the mental health advocate. The council is also authorized to seek, solicit, apply for, and utilize funds from any public or private source to use in fulfilling the purposes of this article. (b) The budget of the council shall include the budget of all circuit public defenders and other offices and entities, including conflict defender offices and appointed attorneys providing indigent defense representation under the authority of this article and the multicounty public defender office and the office of the mental health advocate.

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(c) The director of the Administrative Office of the Courts shall provide general administrative support, which shall include purchasing, payroll, and similar administrative services, to the council. (d) The director of the Administrative Office of the Courts shall not reduce or modify the budget of the council and may not in any manner use funds appropriated to or otherwise designated for the council.
(e)(1) Subject to the provisions of paragraphs (3) and (4) of this subsection, expenses paid by the council pursuant to this Code section shall be paid out of funds as may be appropriated by the General Assembly. (2) On or before June 1 of each year, the council shall establish and furnish to each circuit public defender and the state auditor the travel budget for each judicial circuit based on the amount appropriated by the General Assembly for travel. (3) In determining the travel budget for each judicial circuit, the council shall consider the budget request submitted by the circuit public defender of each judicial circuit, the geographic size and the caseload of each circuit, and other facts as may be relevant. The council is authorized to establish a contingency reserve of not more than 3 percent of the total amount appropriated by the General Assembly in order to meet any expenses which could not be reasonably anticipated. The council shall submit to each circuit public defender, the state auditor, and the legislative budget analyst a monthly report showing the budget amount of expenditures made under the travel budget. The council may periodically review and adjust the travel budget as may be necessary to carry out the purposes of this subsection. (4) Neither the circuit public defender nor any personnel compensated by the state pursuant to the provisions of this article shall be reimbursed from state funds for any expenses for which the person has been reimbursed from funds other than state funds; provided, however, that the governing authority of the county or counties comprising the judicial circuit are authorized to provide travel advances or to reimburse expenses which may be incurred by the person in the performance of his or her official duties to the extent the expenses are not reimbursed by the state as provided in this Code section.
17-12-28. (a) Subject to the provisions of this Code section, the circuit public defender in each judicial circuit is authorized to appoint:
(1) One assistant public defender for each superior court judge authorized for the circuit, excluding the chief judge and senior judges; and (2) Subject to funds being appropriated by the General Assembly or otherwise available, additional assistant public defenders as may be authorized by the council. In authorizing additional assistant public defenders, the council shall consider the caseload, present staff, and resources available to each circuit public defender, and shall make authorizations as will contribute to the efficiency of individual circuit public defenders and the effectiveness of providing adequate legal defense for indigent defendants.

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(b) Each assistant public defender appointed pursuant to subsection (a) of this Code section shall be classified based on education, training, and experience. The classes of assistant public defenders and the minimum qualifications required for appointment or promotion to each class shall be established by the council based on education, training, and experience and in accordance with the provisions of Code Sections 17-12-31 and 17-12-35. (c) Each assistant public defender appointed pursuant to this Code section shall be compensated based on a salary schedule established in accordance with subsection (c) of Code Section 17-12-31. The salary range for each class established in accordance with subsection (b) of this Code section shall be as follows:
(1) Assistant public defender I. Not less than $27,696.00 nor more than 65 percent of the compensation of the circuit public defender; (2) Assistant public defender II. Not less than $30,552.00 nor more than 70 percent of the compensation of the circuit public defender; (3) Assistant public defender III. Not less than $37,140.00 nor more than 80 percent of the compensation of the circuit public defender; and (4) Assistant public defender IV. Not less than $42,966.00 nor more than 90 percent of the compensation of the circuit public defender. (d) All personnel actions involving attorneys appointed pursuant to this Code section shall be made by the circuit public defender in writing in accordance with the provisions of Code Section 17-12-31. (e)(1) All salary advancements shall be based on quality of work, education, and performance. (2) The salary of an assistant public defender appointed pursuant to this Code section may be advanced one step at the first of the calendar month following the anniversary of his or her appointment. (3) Any assistant public defender who, subsequent to his or her appointment pursuant to this Code section, is awarded an LL.M. or S.J.D. degree by a law school recognized by the State Bar of Georgia from which a graduate of or student enrolled therein is permitted to take the bar examination or by a law school accredited by the American Bar Association or the Association of American Law Schools may be advanced two salary steps effective on the first day of the calendar month following the award of the degree, provided that such advancement does not exceed the maximum of the salary range applicable to the attorneys class. (f) Any assistant public defender appointed pursuant to this Code section may be promoted to the next highest class at any time the attorney meets the minimum qualifications for such class, but in order to be eligible for promotion, the attorney shall have served not less than 12 months in the class from which the attorney is to be promoted. When an assistant public defender is promoted to the next highest class, the assistant public defender shall enter the higher class at the salary step which provides an annual salary nearest to, but greater than, the annual salary the assistant public defender was receiving immediately prior to the promotion. (g) All full-time employees of the office of the circuit public defender shall be state

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employees in the unclassified service of the State Merit System of Personnel Administration with all benefits of such appointed state employees as provided by law.
17-12-29. (a) Subject to the provisions of this Code section, the circuit public defender in each judicial circuit is authorized to appoint one investigator to assist the circuit public defender in the performance of his or her official duties in the preparation of cases for trial. Subject to funds being appropriated by the General Assembly or otherwise available, the circuit public defender in each judicial circuit may appoint additional investigators as may be authorized by the council. In authorizing additional investigators, the council shall consider the caseload, present staff, and resources available to each circuit public defender, and shall make authorizations as will contribute to the efficiency of individual circuit public defenders and the effectiveness of circuit public defenders throughout the state in providing adequate legal defense for indigent defendants. (b) An investigator appointed pursuant to this Code section shall be not less than 21 years of age and shall serve at the pleasure of the circuit public defender. (c) An investigator appointed pursuant to this Code section shall:
(1) Assist the attorneys within the office of the circuit public defender in the preparation of cases for preliminary hearings, pretrial hearings, and trial; and (2) Perform other duties as are required by the circuit public defender. (d) Each investigator appointed pursuant to this Code section shall be compensated based on a salary schedule established pursuant to Code Section 17-12-31. The salary range for the investigator appointed pursuant to this Code section shall be not less than $23,490.00 nor more than 70 percent of the compensation of the circuit public defender from state funds. (e)(1) Except as otherwise provided in this subsection, an investigator appointed pursuant to this Code section shall be appointed initially to the entry grade of the general pay schedule. (2) Any person who is employed in a nonstate paid investigators position within the office of the circuit public defender may be transferred to a state paid position. Such transfer shall be to the salary step which is based on the number of years the person has served in the investigator position as if the person had been initially appointed pursuant to this Code section. (3) Any person who is employed as a peace officer by an agency of the executive branch of state government who is appointed as an investigator pursuant to this Code section without a break in service may be appointed to the salary step which is one step above the annual salary the person received on the last day of employment immediately preceding said appointment. (4) Any person who was a certified peace officer employed on a full-time basis by this state, the United States or any of the several states, or a political subdivision or authority thereof, may be appointed to the salary step above the entry level based on one step for every three years experience as a full-time certified peace officer.

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(f) Personnel appointed pursuant to this Code section shall be reimbursed for actual expenses incurred in the performance of their official duties in accordance with the provisions of Code Section 17-12-27.
17-12-30. (a) Each circuit public defender is authorized to employ administrative, clerical, and paraprofessional personnel as may be authorized by the council based on funds appropriated by the General Assembly or otherwise available; provided, however, that each circuit public defender shall be authorized not less than two such personnel. In authorizing administrative, clerical, and paraprofessional personnel, the council shall consider the caseload, present staff, and resources available to each circuit public defender, and shall make authorizations as will contribute to the efficiency of individual circuit public defenders in providing effective criminal defense for indigent defendants. (b) Personnel appointed pursuant to this Code section shall be compensated based on a salary schedule developed in accordance with Code Section 17-12-31. (c) All personnel actions involving personnel appointed pursuant to this Code section shall be in accordance with the provisions of Code Section 17-12-31.
17-12-31. (a) All state paid personnel employed by the circuit public defenders pursuant to this article shall be employees of the judicial branch of state government in accordance with Article VI, Section VIII of the Constitution of Georgia and shall be in the unclassified service of the State Merit System of Personnel Administration. (b) Personnel employed by the circuit public defenders pursuant to this article shall have the authority, duties, powers, and responsibilities as are authorized by law or as assigned by the circuit public defender and shall serve at the pleasure of the circuit public defender.
(c)(1) The council shall establish salary schedules for each state paid position authorized by this article or any other provision of law. Salary schedules shall be similar to the general and special schedules adopted by the State Merit System of Personnel Administration and shall provide for a minimum entry step and not less than ten additional steps, not to exceed the maximum allowable salary. In establishing the salary schedule, all amounts will be rounded off to the nearest whole dollar. The council may, from time to time, revise the salary schedule to include across-the-board increases which the General Assembly may from time to time authorize in the General Appropriations Act. (2) The circuit public defender shall fix the compensation of each state paid employee appointed pursuant to this article in accordance with the class to which the person is appointed and the appropriate step of the salary schedule. (3) All salary advancements shall be based on quality of work, training, and performance. The salary of state paid personnel appointed pursuant to this article may be advanced one step at the first of the calendar month following the annual anniversary of the persons appointment. No employees salary shall be advanced

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beyond the maximum established in the applicable pay schedule. (4) Any reduction in salary shall be made in accordance with the salary schedule for the position and the policies, rules, or regulations adopted by the council. (5) The compensation of state paid personnel appointed pursuant to this article shall be paid in equal installments by the Department of Administrative Services as provided by this subsection from funds appropriated for such purpose. The council may, with the consent of the Department of Administrative Services, authorize employees compensated pursuant to this Code section to participate in voluntary salary deductions as provided by Article 3 of Chapter 7 of Title 45. (6) The governing authority of the county or counties comprising a judicial circuit may supplement the salary or fringe benefits of any state paid position appointed pursuant to this article. (7) The governing authority of any municipality within the judicial circuit may, with the approval of the circuit public defender, supplement the salary or fringe benefits of any state paid position appointed pursuant to this article.
17-12-32. (a) The circuit public defender in each judicial circuit may employ additional assistant circuit public defenders, deputy circuit public defenders, or other attorneys, investigators, paraprofessionals, clerical assistants, and other employees or independent contractors as may be provided for by local law or as may be authorized by the governing authority of the county or counties comprising the judicial circuit. The circuit public defender shall define the duties and fix the title of any attorney or other employee of the office of the circuit public defender. (b) Personnel employed by the circuit public defender pursuant to this Code section shall serve at the pleasure of the circuit public defender and shall be compensated by the county or counties comprising the judicial circuit, the manner and amount of compensation to be paid to be fixed either by local Act or by the circuit public defender with the approval of the county or counties comprising the judicial circuit.
17-12-33. Notwithstanding any other provision of law, the governing authority of any county or municipality within the judicial circuit which provides additional personnel for the office of circuit public defender may contract with the Department of Administrative Services to provide such additional personnel in the same manner as is provided for state paid personnel in this article. Any such personnel shall be considered state employees and shall be entitled to the same fringe benefits as other state paid personnel employed by the circuit public defender pursuant to this article. The governing authority of such county or municipality shall transfer to the department such funds as may be necessary to cover the compensation, benefits, travel, and other expenses for such personnel.

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17-12-34. (a) Any assistant public defender or other attorney at law employed full time by the circuit public defender who is compensated in whole or in part by state funds shall not engage in the private practice of law for profit. (b) Any assistant public defender or any other attorney at law employed by the circuit public defender shall be a member of the State Bar of Georgia and shall be admitted to practice before the appellate courts of this state. The assistant public defender shall serve at the pleasure of the circuit public defender, and shall have such authority, powers, and duties as may be assigned by the circuit public defender.
17-12-35. The governing authority of the county shall provide, in conjunction and cooperation with the other counties in the judicial circuit and in a pro rata share according to the population of each county, appropriate offices, utilities, telephone expenses, materials, and supplies as may be necessary to equip, maintain, and furnish the office or offices of the circuit public defender in an orderly and efficient manner. The provisions of an office, utilities, telephone expenses, materials, and supplies shall be subject to the budget procedures required by Article 1 of Chapter 81 of Title 36.
17-12-36. A circuit public defender office may contract with and may accept funds and grants from any public or private source.
17-12-37. This article shall become effective on January 1, 2005; provided, however, that the council and the circuit public defender selection panels shall be authorized to take administrative actions as may be necessary or appropriate to prepare for and phase-in full implementation of this article on or after December 31, 2003.
ARTICLE 3
17-12-40. As used in this article, the term:
(1) 'Circuit public defender' means any circuit public defender of this state or assistants of such officer. (2) 'Criminal proceeding' means any investigation, trial, juvenile proceeding, adjudicatory hearing, or other legal proceeding by which a persons liability for a crime is investigated or determined, commencing with the investigation and including the final disposition of the case. (3) 'Law school' means a law school within or outside this state which is approved by the American Bar Association or which is authorized to operate under Code Section 20-3-250.8. (4) 'Staff instructor' means a full-time professional staff instructor of a law school in

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this state who has been admitted to the bar of another state but who has not yet been admitted to the bar of this state. (5) 'Third-year law student' means a student regularly enrolled and in good standing in a law school within or outside this state who has satisfactorily completed at least two-thirds of the requirements for the first professional degree in law (J.D. or its equivalent) in not less than four semesters or six quarters of residence.
17-12-41. An authorized third-year law student or staff instructor, when under the supervision of a circuit public defender, may assist in criminal proceedings within this state as if admitted and licensed to practice law in this state except that all pleadings and other entries of record must be signed by a circuit public defender or by his or her duly appointed assistant and that, in the conduct of a trial or other criminal proceeding, a circuit public defender or his or her duly appointed assistant must be physically present.
17-12-42. A third-year law student or staff instructor may be authorized to assist a circuit public defender in such form and manner as the judge of the court may prescribe, taking care that the requirements of this article and the good moral character of the third-year law student or staff instructor are properly certified by the dean of the law school.
17-12-43. As to each third-year law student or staff instructor authorized to assist a circuit public defender, there shall be kept on file in the office of the clerk of the court in the county where such authority is to be exercised the deans certificate, the students and instructors oaths, and the judges order as contemplated under Code Section 17-12-42. The authority to assist a circuit public defender as allowed under this Code section shall extend for no longer than 18 months. If during this period any change occurs in the status of the student or instructor at the law school in which he or she was enrolled or employed, that is, if the student ceases his or her enrollment, is suspended, or is expelled or if the instructor ceases his or her employment or is released by the school, any such authority shall terminate and be revoked.
17-12-44. Any third-year law student or staff instructor authorized to assist a circuit public defender under this Code section is not required to possess the qualifications for appointment to the office of circuit public defender or appointment as an assistant circuit public defender as provided in Article 1 of this chapter.
17-12-45. This article shall become effective on January 1, 2005.

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ARTICLE 4
17-12-80. As used in this article, the term:
(1) 'Council' means the Georgia Public Defender Standards Council created by Article 3 of this chapter. (2) 'Office' means the office of the mental health advocacy created by this article.
17-12-81. There is created the office of mental health advocacy for the purpose of undertaking the representation of indigent persons found not guilty by reason of insanity at the time of the crime in any court in this state. The office shall serve all counties of this state. The office shall be a direct successor of the mental health advocacy division of the Georgia Indigent Defense Council created by former Code Section 17-12-45 and all powers, duties, and obligations of such division shall become the powers, duties, and obligations of the office. The employees, assets, and resources of the mental health advocacy division of the Georgia Indigent Defense Council shall be transferred to the office. All references in this Code to the mental health advocacy division of the Georgia Indigent Defense Council shall be deemed to be references to the office.
17-12-82. The office shall be a legal entity; shall have perpetual existence; may contract; may own property; may accept funds, grants, and gifts from any public or private source, which funds shall be used to defray the expenses incident to implementing its purposes; and may establish a principal office.
17-12-83. The council shall be responsible for management of the office. Managerial duties shall include, but are not limited to, the following:
(1) Appointment of the mental health advocate; (2) Establishing the salaries of the mental health advocate and the offices staff; (3) Approving the level of staffing and establishing policy consistent with the intent of this chapter; and (4) Preparing an annual budget for the office, administering the funds made available to the office, and overseeing the expenditure of such funds.
17-12-84. The council shall prepare an annual budget showing all anticipated expenses of the office for the following fiscal year, which shall be the same as the fiscal year of this state. Such budget shall be submitted by the mental health advocate to the council.
17-12-85. The mental health advocate shall be appointed by and shall serve at the pleasure of the

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council. The mental health advocate must be a member in good standing of the State Bar of Georgia with at least three years experience in the practice of law and must be competent to counsel and represent a person found not guilty by reason of insanity at the time of the crime. The salary of the mental health advocate shall be established by the council.
17-12-86. The mental health advocate shall employ, with the advice and consent of the council and in the manner and at the compensation prescribed by the council, as many assistant attorneys, clerks, investigators, paraprofessionals, administrative assistants, and any other persons as may be necessary for carrying out the responsibilities assigned to the office by law. A person employed under this Code section serves at the pleasure of the mental health advocate.
17-12-87. (a) Whenever any person has been found not guilty by reason of insanity at the time of the crime pursuant to Code Section 17-7-131 and has been determined to be indigent, as provided in Article 1 of this chapter, the court in which such charges are pending shall notify the office and the office may assume the defense and representation of such persons in all matters pursuant to Code Section 17-7-131 if the resources, funding, and staffing of the office allow; provided, however, that the circuit public defender or other attorney who represented the indigent at the time of the finding of not guilty by reason of insanity at the time of the crime shall have the option to retain responsibility for the representation of any such person. (b) Nothing in this Code section shall prevent the circuit public defender, the court, or the court appointed attorney from requesting the participation of the office prior to a finding of not guilty by reason of insanity at the time of the crime. The circuit public defender, the court, or the court appointed attorney may request that the office assist in the case prior to a plea being entered and accepted by the court. (c) If for any reason the office is unable to represent any indigent person found not guilty by reason of insanity at the time of the crime, such representation shall be provided as otherwise provided by law.
17-12-88. This article shall become effective on December 31, 2003.
ARTICLE 5
17-12-100. As used in this article, the term:
(1) 'Council' means the Georgia Public Defender Standards Council created by Article 3 of this chapter. (2) 'Office' means the office of the multicounty public defender created by this

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article.
17-12-101. There is created the office of the multicounty public defender to undertake the defense of all indigent persons charged with a capital felony for which the death penalty is being sought in any court in this state. The office shall serve all counties of this state.
17-12-102. The office of the multicounty public defender shall be a legal entity, shall have perpetual existence, may contract, may own property, may accept funds, grants, and gifts from any public or private source, which funds shall be used to defray the expenses incident to implementing its purposes, and may establish a principal office.
17-12-103. The council shall be responsible for management of the office. Managerial duties shall include, but not be limited to, the following:
(1) Appointing the multicounty public defender; (2) Establishing the salaries of the multicounty public defender and the offices staff; (3) Approving the level of staffing and establishing policy consistent with the intent of this article; and (4) Preparing an annual budget for the office, and administering the funds made available to the office, and overseeing the expenditure of such funds.
17-12-104. The council shall prepare an annual budget showing all anticipated expenses of the office for the following fiscal year, which shall be the same as the fiscal year of this state. Such budget shall be submitted by the multicounty public defender to the council.
17-12-105. The multicounty public defender shall be appointed by and shall serve at the pleasure of the council. The multicounty public defender must have been licensed to practice law in this state for at least five years and must be competent to counsel and defend a person charged with a capital felony. The salary of the multicounty public defender shall be established by the council.
17-12-106. (a) The multicounty public defender shall employ, with the advice and consent of the council and in the manner and at the compensation prescribed by the council, as many assistant attorneys, clerks, investigators, paraprofessionals, administrative assistants, and other persons as may be necessary for carrying out his or her responsibilities under this article. A person employed under this Code section serves at the pleasure of the multicounty public defender.

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(b) No person may be assigned the primary responsibility of representing an indigent person accused of a capital offense for which the death penalty is sought unless such person is authorized to practice law in this state and is otherwise competent to counsel and defend a person charged with a capital felony.
17-12-107. (a) Whenever any person accused of a capital felony for which the death penalty is being sought has been determined to be indigent, as provided in Article 2 of this chapter, the court in which such charges are pending shall notify the office, and the office shall assume the defense of such person if the resources, funding, and staffing of the office allow. (b) If for any reason the office is unable to defend any indigent person accused of a capital felony for which the death penalty is being sought, the presiding judge of the superior court in which the case is pending shall appoint one or more attorneys for the defendant. Each attorney appointed shall receive reasonable compensation for his or her services plus all reasonable and necessary expenses as determined in the discretion of the court incurred in the preparation and investigation of the case. (c) In any capital felony case where an attorney or attorneys were appointed pursuant to subsection (b) of this Code section and where there has been a conviction and a defendant desires to appeal to the Georgia Supreme Court and the defendant is indigent and unable to obtain an attorney to pursue his or her appeal, the court shall:
(1) Where the defendant has been represented by an appointed attorney, authorize the attorney to pursue the appeal or appoint another attorney to pursue the appeal; or (2) Where the defendant has not been previously represented by an appointed attorney, appoint an attorney or attorneys to pursue the appeal. (d) Upon completion of all services by an attorney appointed under subsection (b) or (c) of this Code section, the attorney shall submit to the court an affidavit containing an accurate statement of all services rendered and expenses incurred. The court, upon examination of the affidavit and approval thereof, shall discharge the attorney and shall enter an order directing the county treasurer of the county in which the defendant was indicted to pay to the attorney such amount for compensation and expenses as the court orders. (e) The office shall be responsible for the defense of any person referred to it pursuant to subsection (a) of this Code section if the resources, funding, and staffing of the office allow. Such defense shall include all proceedings in the trial court and any appeals to the Supreme Court of Georgia. The office shall not assist with any petition for a writ of habeas corpus in federal court.
17-12-108. This article shall become effective on December 31, 2003, and shall apply to all cases except as provided in Article 6 of this chapter. This article shall be repealed by operation of law effective at 11:59 P.M. on December 31, 2004. On and after the effective date of Article 6 of this chapter, any attorney appointed pursuant to this article

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shall continue to represent a defendant under Article 6 of this chapter and shall be paid for services pursuant to Article 6 of this chapter.
ARTICLE 6
17-12-120. As used in this article, the term:
(1) 'Council' means the Georgia Public Defender Standards Council created by Article 3 of this chapter. (2) 'Office' means the office of the multicounty public defender created by this article.
17-12-121. There is created the office of the multicounty public defender to undertake the defense of all indigent persons charged with a capital felony for which the death penalty is being sought in any court in this state. The office shall serve all counties of this state.
17-12-122. The office of the multicounty public defender shall be a legal entity, shall have perpetual existence, may contract, may own property, may accept funds, grants, and gifts from any public or private source, which funds shall be used to defray the expenses incident to implementing its purposes, and may establish a principal office.
17-12-123. The council shall be responsible for management of the office. Managerial duties shall include, but not be limited to, the following:
(1) Appointing the multicounty public defender; (2) Establishing the salaries of the multicounty public defender and the offices staff; (3) Approving the level of staffing and establishing policy consistent with the intent of this article; and (4) Preparing an annual budget for the office, and administering the funds made available to the office, and overseeing the expenditure of such funds.
17-12-124. The council shall prepare an annual budget showing all anticipated expenses of the office for the following fiscal year, which shall be the same as the fiscal year of this state. The budget shall be submitted by the multicounty public defender to the council and for fiscal year 2005 shall include the proposed budget for representation of all indigent persons accused of a capital felony for which the death penalty is or is likely to be sought.
17-12-125. The multicounty public defender shall be appointed by and shall serve at the pleasure of

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the council. The multicounty public defender must have been licensed to practice law in this state for at least five years and must be competent to counsel and defend a person charged with a capital felony. The salary of the multicounty public defender shall be established by the council.
17-12-126. (a) The multicounty public defender shall employ, with the advice and consent of the council and in the manner and at the compensation prescribed by the council, as many assistant attorneys, clerks, investigators, paraprofessionals, administrative assistants, and other persons as may be necessary for carrying out his or her responsibilities under this article. A person employed under this Code section serves at the pleasure of the multicounty public defender. (b) No person may be assigned the primary responsibility of representing an indigent person accused of a capital offense for which the death penalty is sought unless such person is authorized to practice law in this state and is otherwise competent to counsel and defend a person charged with a capital felony.
17-12-127. (a) Whenever any person accused of a capital felony for which the death penalty is being sought has been determined to be indigent, as provided in Article 2 of this chapter, the court in which the charges are pending shall notify the office, and the office shall assume the defense of the person if there is no conflict of interest. (b) If for any reason the office is unable to defend any indigent person accused of a capital felony for which the death penalty is being sought, the presiding judge of the superior court in which the case is pending shall appoint an attorney or attorneys to represent the defendant. Counsel appointed pursuant to this subsection shall be paid with state funds appropriated to the council for use by the office. The council with the assistance of the office shall establish guidelines for attorneys fees and expense requests. (c) The office or appointed counsels defense of a defendant shall include all proceedings in the trial court and any appeals to the Supreme Court of Georgia. Neither the office nor appointed counsel shall assist with any petition for a writ of habeas corpus in federal court.
17-12-128. This article shall become effective on January 1, 2005."
SECTION 2. Said title is further amended by striking Code Section 15-6-76.1, relating to election by clerks as to investing or depositing funds and the manner of depositing funds paid into the court registry, and inserting in lieu thereof the following:
"15-6-76.1. (a) In counties where the clerk of the superior court exercised discretion to invest funds

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pursuant to Code Section 15-6-75 or to deposit funds in one or more interest-bearing accounts pursuant to Code Section 15-6-76, and such funds were invested or on deposit on January 1, 1993, the clerk may continue to invest such funds pursuant to Code Section 15-6-75 or deposit such funds pursuant to Code Section 15-6-76 until July 1, 1994. In such counties, clerks who do not elect to continue investing or depositing funds pursuant to such Code sections, or who cease depositing or investing such funds pursuant to such Code sections, shall be subject to the provisions of subsections (c) through (g) of this Code section. In such counties, clerks shall provide a written notice to the Georgia Indigent Defense Council Public Defender Standards Council within 30 days following July 1, 1993, stating that funds were invested or on deposit pursuant to Code Section 15-6-75 or 15-6-76 on January 1, 1993, and stating whether they have elected to continue investing or depositing funds pursuant to Code Sections 15-6-75 and 15-6-76 or to comply with the provisions of subsections (c) through (g) of this Code section. In such counties, clerks may change their election by written notice to the Georgia Indigent Defense Council Public Defender Standards Council. (b) In counties where no funds were invested or on deposit pursuant to Code Section 15-6-75 or 15-6-76 on January 1, 1993, clerks shall be subject to the provisions of subsections (c) through (g) of this Code section, effective July 1, 1993. (c) When funds are paid into the registry of the court, the clerk shall deposit such funds in one or more interest-bearing trust accounts in investments authorized by Code Section 36-80-3 or by Chapter 83 of Title 36. (d) When funds have been paid into the registry of the court pursuant to a court order directing that such funds be deposited in an interest-bearing trust account for the benefit of one or more of the parties, the interest received from such funds after service charges or fees imposed by the bank or depository shall be paid to one or more of the parties as the order of the court directs. (e) When funds have been paid into the registry of the court and the order of the court relating to such funds does not state that such funds shall be placed in an interestbearing trust account for the benefit of one or more of the parties, the clerk shall deposit such funds in an interest-bearing trust account and the financial institution in which such funds are deposited shall remit, after service charges or fees are deducted, the interest generated by said funds directly, at least quarterly and within 30 days of receipt, to the Georgia Indigent Defense Council Public Defender Standards Council for distribution to the counties pursuant to Article 2 of Chapter 12 of Title 17 circuit public defender offices. With each remittance the financial institution shall send a statement showing the name of the court, the rate of interest applied, the average monthly balance in the account against which the interest rate is applied, the service charges or fees of the bank or other depository, and the net remittance. This subsection shall include but not be limited to cash supersedeas bonds for criminal appeal, other supersedeas bonds, and bonds or funds paid into the court registry in actions involving interpleader, condemnation, and requests for injunctive relief. The Georgia Indigent Defense Council Public Defender Standards Council shall allocate all interest received from such funds deposited in interest-bearing trust accounts to the counties pursuant to

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Article 2 of Chapter 12 of Title 17 circuit public defender offices. (f) In its discretion, the court may at any time amend its order to require that the funds be deposited into an interest-bearing account for the benefit of one or more of the parties to the action, and the clerk shall comply with such amended order. (g) In counties where the service charges or fees of the bank or depository would exceed the interest received from funds subject to this Code section, the clerk shall be exempt from subsections (a) through (f) of this Code section. In such counties, the clerk shall send a written notice to the Georgia Indigent Defense Council Public Defender Standards Council."
SECTION 3. Said title is further amended by striking Code Section 15-7-49, relating to remittance of interest from interest-bearing trust accounts to the Georgia Indigent Defense Council, and inserting in lieu thereof the following:
"15-7-49. When funds are paid into the court registry, the clerk shall deposit such funds in interest-bearing trust accounts and the interest from those funds shall be remitted to the Georgia Indigent Defense Council Public Defender Standards Council in accordance with the provisions of subsections (c) through (g) of Code Section 15-6-76.1. The Georgia Indigent Defense Council Public Defender Standards Council shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 156-76.1."
SECTION 4. Said title is further amended by striking Code Section 15-9-18, relating to remittance of interest from cash bonds to the Georgia Indigent Defense Council, and inserting in lieu thereof the following:
"15-9-18. Whenever the sheriff transfers cash bonds to the clerk of the court, pursuant to Code Section 15-16-27, the clerk shall deposit such funds into interest-bearing trust accounts and the interest from those funds shall be remitted to the Georgia Indigent Defense Council Public Defender Standards Council in accordance with the provisions of subsections (c) through (g) of Code Section 15-6-76.1. The Georgia Indigent Defense Council Public Defender Standards Council shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 15-6-76.1."
SECTION 5. Said title is further amended by striking Code Section 15-10-240, relating to remittance of interest from funds to the Georgia Indigent Defense Council, and inserting in lieu thereof the following:
"15-10-240. When funds are paid into the court registry, the clerk shall deposit such funds in interest-bearing trust accounts and the interest from those funds shall be remitted to the

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Georgia Indigent Defense Council Public Defender Standards Council in accordance with the provisions of subsections (c) through (g) of Code Section 15-6-76.1. The Georgia Indigent Defense Council Public Defender Standards Council shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 156-76.1."
SECTION 6. Said title is further amended by striking Code Section 15-16-27, relating to deposit by sheriff of cash bonds and reserves of professional bondspersons in interest-bearing accounts and disposition of interest, and inserting in lieu thereof the following:
"15-16-27. (a) Unless transferred to the appropriate clerk of court, the sheriff shall deposit cash bonds held by the sheriff in one or more interest-bearing trust accounts in investments authorized by Code Section 36-80-3 or by Chapter 83 of Title 36. (b) The financial institution in which the funds are deposited shall remit, after service charges or fees are deducted, the interest generated by such funds directly, at least quarterly and within 30 days of receipt, to the Georgia Indigent Defense Council Public Defender Standards Council for distribution to the counties pursuant to Article 2 of Chapter 12 of Title 17 circuit public defender offices. With each remittance the financial institution shall send a statement showing the name of the county, deposits and withdrawals from the account or accounts, interest paid, service charges or fees of the bank or other depository, and the net remittance. The Georgia Indigent Defense Council Public Defender Standards Council shall allocate all interest received from such funds deposited in interest-bearing trust accounts to the counties pursuant to Article 2 of Chapter 12 of Title 17 circuit public defender offices. (c) In counties where the service charges or fees of the bank or depository would exceed the interest received from funds subject to this Code section, the sheriff shall be exempt from subsections (a) and (b) of this Code section. In such counties, the sheriff shall send a written notice to the Georgia Indigent Defense Council Public Defender Standards Council."
SECTION 7. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking division (u)(4)(D)(iv) of Code Section 16-13-49, relating to forfeitures, and inserting in lieu thereof the following:
"(iv) Money distributed to the state pursuant to this subsection shall be paid into the general fund of the state treasury, it being the intent of the General Assembly that the same be used, subject to appropriation from the general fund in the manner provided by law, for funding of Article 2 of Chapter 12 of Title 17, 'The Georgia Indigent Defense Act,' for representation of indigents in criminal cases; for funding of the Crime Victims Emergency Fund; for law enforcement and prosecution agency programs and particularly for funding of advanced drug investigation and prosecution training for law enforcement officers and

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prosecuting attorneys; 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; or for financing the judicial system of the state."
SECTION 8. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by striking Code Section 35-6A-3, relating to membership on the Criminal Justice Coordinating Council, and inserting in lieu thereof the following:
"35-6A-3. (a) The Criminal Justice Coordinating Council shall consist of 24 members and shall be composed as follows:
(1) The chairman chairperson of the Georgia Peace Officer Standards and Training Council, the chairman chairperson of the Georgia Organized Crime Prevention Council, the chairman chairperson of the Judicial Council of Georgia, the chairman chairperson of the Prosecuting Attorneys Council of the State of Georgia, the commissioner of corrections, the chairman chairperson of the Board of Corrections, the vice-chairman vice chairperson of the Board of Public Safety, the chairman of the State Board of Pardons and Paroles, the State School Superintendent, the commissioner of community affairs, the president of the Council of Juvenile Court Judges, the director of the Georgia Indigent Defense Council chairperson of the Georgia Public Defender Standards Council, the chairman chairperson of the Children and Youth Coordinating Council, and the commissioner of juvenile justice or their designees shall be ex officio members of the council, as full voting members of the council by reason of their office; and (2) Ten members shall be appointed by the Governor for terms of four years, their initial appointments, however, being four for four-year terms, two for three-year terms, and four for two-year terms. Appointments shall be made so that there are always on the council the following persons: one county sheriff, one chief of police, one mayor, one county commissioner, one superior court judge, four individuals who shall be, by virtue of their training or experience, knowledgeable in the operations of the criminal justice system of this state, and one individual who shall be, by virtue of his or her training and experience, knowledgeable in the operations of the entire spectrum of crime victim assistance programs delivering services to victims of crime. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment. (b) In the event of death, resignation, disqualification, or removal for any reason of any member of the council, vacancies shall be filled in the same manner as the original appointment and successors shall serve for the unexpired term. (c) The initial terms for all 19 original members shall begin July 1, 1981. The initial term for the member added in 1985 shall begin July 1, 1985. The initial term for the member added in 1988 shall begin July 1, 1988. The initial term for the member added in 1989 shall begin July 1, 1989. The State School Superintendent shall be a member

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effective on July 1, 1989. The director of the Georgia Indigent Defense Council shall be a member effective on July 1, 1997 chairperson of the Georgia Public Defender Standards Council shall become a member on December 31, 2003. (d) Membership on the council does not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership."
SECTION 9. Code Section 36-32-1 of the Official Code of Georgia Annotated, relating to the establishment of municipal courts, punishments, and the selection, election, or appointment of the mayor pro tempore or recorder pro tempore, is amended by inserting at the end thereof new subsections (f), (g), and (h) to read as follows:
"(f) Any municipal court operating within this state and having jurisdiction over the violation of municipal ordinances and over such other matters as are by specific or general law made subject to the jurisdiction of municipal courts shall not impose any punishment of confinement, probation, or other loss of liberty, or impose any fine, fee, or cost enforceable by confinement, probation, or other loss of liberty, as authorized by general law or municipal or county ordinance, unless the court provides to the accused the right to representation by a lawyer, and provides to those accused who are indigent the right to counsel at no cost to the accused. Such representation shall be subject to all applicable standards adopted by the Georgia Public Defender Standards Council for representation of indigent persons in this state. (g) Any municipal court operating within this state that has jurisdiction over the violation of municipal or county ordinances or such other statutes as are by specific or general law made subject to the jurisdiction of municipal courts, and that holds committal hearings in regard to such alleged violations, must provide to the accused the right to representation by a lawyer, and must provide to those accused who are indigent the right to counsel at no cost to the accused. Such representation shall be subject to all applicable standards adopted by the Georgia Public Defender Standards Council for representation of indigent persons in this state. (h) Any municipality or municipal court may contract with the office of the circuit public defender of the judicial circuit in which such municipality is located as a means of complying with the municipalitys or municipal courts legal obligation to provide defense counsel at no cost to indigent persons appearing before the court in relation to violations of municipal ordinances, county ordinances, or state laws."
SECTION 10. (a) Section 1 of this Act shall become effective as set forth in said section. (b) Sections 2 through 8 of this Act shall become effective on December 31, 2003. (c) Section 9 of this Act shall become effective on January 1, 2005. (d) This section and Section 11 of this Act shall become effective on July 1, 2003.
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

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The following amendment was read:

Representatives Mobley of the 58th, Stephenson of the 60th, Post 1, and Mangham of the 62nd move to amend the Committee substitute to HB 770 as follows:
Page 9 Section 17-12-22 after line 29, add:
(5) Must have a minimum of 3 years experience in the defense of criminal cases.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson N Ashe N Bannister Y Barnard N Barnes
Beasley-Teague N Benfield N Birdsong Y Black N Boggs N Bordeaux N Borders N Bridges N Brock Y Brooks N Broome N Brown
Bruce N Buck N Buckner, D N Buckner, G Y Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers N Channell N Childers N Coan N Coleman, B N Cooper N Crawford N Cummings

N Day Dean
N Deloach N Dix N Dodson N Dollar N Dooley N Douglas Y Drenner Y Dukes N Ehrhart N Elrod Y Epps N Fleming N Floyd, H N Floyd, J N Fludd N Forster E Franklin N Gardner N Golick N Graves, D N Graves, T N Greene N Greene-Johnson N Hanner N Harbin N Harper E Harrell N Heard, J Y Heard, K N Heath N Heckstall N Hembree N Henson N Hill, C

N Hill, C.A N Hill, V N Hines Y Holmes N Houston N Howard N Howell N Hudson Y Hugley N Jackson Y James N Jamieson N Jenkins N Jones Y Jordan N Joyce N Keen Y Knox N Lane N Lewis N Lord Y Lucas N Lunsford
Maddox Y Mangham N Manning N Marin N Martin N Massey N Maxwell N McBee N McCall Y McClinton N Millar N Mills Y Mitchell

Y Mobley N Moraitakis N Morris Y Mosby N Mosley N Murphy, J N Murphy, Q Y Noel N Oliver, B N Oliver, M N O'Neal N Orrock N Parham N Parrish N Parsons N Porter N Powell N Purcell N Ralston Y Randall Y Ray E Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. N Royal N Rynders
Sailor N Scott N Shaw N Sheldon N Sholar

N Sims Y Sinkfield N Skipper N Smith, B N Smith, L N Smith, P N Smith, T N Smith, V N Smyre N Snow Y Stanley-Turner N Stephens, E N Stephens, R Y Stephenson N Stokes N Stoner N Teilhet Y Teper Y Thomas, A Y Thomas, A.M N Thompson N Twiggs N Walker, L N Walker, R.L N Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R N Wix N Yates
Coleman, Speaker

MONDAY, APRIL 7, 2003 On the adoption of the amendment, the ayes were 34, nays 137. The amendment was lost.

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The following amendment was read:

Representatives Mobley of the 58th, Stephenson of the 60th, Post 1, and Mangham of the 62nd move to amend the Committee substitute to HB 770 as follows:
Page 9 Section 17-12-22, after last line add:
Shall not have been employed as a prosecutor or investigator for the circuit district attorney office for two years immediately preceding appointment as circuit public defender.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson N Ashe N Bannister N Barnard N Barnes Y Beasley-Teague N Benfield N Birdsong N Black N Boggs N Bordeaux N Borders N Bridges N Brock Y Brooks N Broome N Brown
Bruce N Buck N Buckner, D N Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers

N Day Dean
N Deloach N Dix N Dodson
Dollar N Dooley N Douglas Y Drenner Y Dukes N Ehrhart N Elrod Y Epps N Fleming N Floyd, H N Floyd, J Y Fludd N Forster E Franklin N Gardner N Golick N Graves, D N Graves, T N Greene Y Greene-Johnson N Hanner N Harbin N Harper E Harrell

N Hill, C.A Hill, V
N Hines Y Holmes N Houston N Howard N Howell N Hudson Y Hugley
Jackson Y James N Jamieson N Jenkins N Jones Y Jordan Y Joyce N Keen Y Knox N Lane N Lewis N Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin N Martin N Massey

Y Mobley N Moraitakis N Morris Y Mosby N Mosley N Murphy, J Y Murphy, Q Y Noel N Oliver, B N Oliver, M N O'Neal N Orrock N Parham N Parrish N Parsons N Porter N Powell N Purcell N Ralston Y Randall N Ray E Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L N Rogers, C N Rogers, Ch.

N Sims Y Sinkfield N Skipper N Smith, B N Smith, L N Smith, P N Smith, T N Smith, V N Smyre N Snow Y Stanley-Turner N Stephens, E N Stephens, R Y Stephenson N Stokes N Stoner N Teilhet N Teper Y Thomas, A Y Thomas, A.M N Thompson N Twiggs N Walker, L N Walker, R.L N Warren Y Watson N Westmoreland N White N Wilkinson

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N Channell N Childers N Coan N Coleman, B N Cooper N Crawford N Cummings

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N Heard, J N Heard, K N Heath
Heckstall N Hembree
Henson N Hill, C

N Maxwell N McBee N McCall Y McClinton N Millar N Mills Y Mitchell

N Royal N Rynders
Sailor N Scott N Shaw N Sheldon N Sholar

N Willard Y Williams, A Y Williams, E N Williams, R N Wix N Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 36, nays 132. 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 Amerson Y Anderson Y Ashe N Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong N Black Y Boggs Y Bordeaux Y Borders Y Bridges N Brock Y Brooks Y Broome N Brown
Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter N Burmeister N Butler Y Campbell N Casas

Y Day Dean
Y Deloach Y Dix Y Dodson N Dollar N Dooley N Douglas Y Drenner Y Dukes N Ehrhart N Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster E Franklin Y Gardner N Golick Y Graves, D N Graves, T Y Greene Y Greene-Johnson
Hanner Y Harbin N Harper

Y Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins Y Jones Y Jordan N Joyce N Keen N Knox Y Lane N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham N Manning Y Marin Y Martin

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell N Ralston Y Randall Y Ray E Reece, B Y Reece, S N Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C

Y Sims Y Sinkfield Y Skipper N Smith, B Y Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White

N Chambers Y Channell Y Childers N Coan Y Coleman, B N Cooper Y Crawford Y Cummings

MONDAY, APRIL 7, 2003

E Harrell Y Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson N Hill, C

Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar N Mills Y Mitchell

N Rogers, Ch. Y Royal N Rynders
Sailor N Scott Y Shaw N Sheldon Y Sholar

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Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 130, nays 42.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Due to a mechanical malfunction, the vote of Representative Hanner of the 133rd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Burmeister of the 96th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 771. By Representatives Porter of the 119th, Smyre of the 111th, Bordeaux of the 125th, Skipper of the 116th, Mobley of the 58th and others:
A BILL to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to change provisions relative to the appointment of members of the State Ethics Commission and provide additional eligibility requirements for appointed persons; to provide for the timely issuance of advisory opinions by the State Ethics Commission and other matters relative to advisory opinions; to change the provisions relating to technical defects and the time frame for correction of technical defects in financial disclosure statements; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees; and for other purposes.
The following Committee substitute was read:
A BILL
To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to

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ethics in government, so as to change provisions relative to the appointment of members of the State Ethics Commission and provide additional eligibility requirements for appointed persons; to provide for the timely issuance of advisory opinions by the State Ethics Commission and other matters relative to advisory opinions; to change provisions relating to technical defects and the time frame for correction of technical defects in financial disclosure statements; to change certain provisions regarding powers, duties, and responsibilities of the State Ethics Commission; to change provisions relating to operating expenses for the State Ethics Commission; to change provisions relating to initiation of complaints and mailing of complaints; to change certain provisions regarding contributions; to change certain provisions regarding disclosure reports; to change certain provisions regarding electronic filing of reports; to change certain provisions regarding filing of financial disclosure statements; to change the provisions relating to maximum allowable contributions; to provide for lobbyist registration and reporting for persons engaged in attempting to influence state purchasing; to define terms; to change the provisions relating to lobbyist disclosure reports and the contents thereof and the definition of lobbyist; to change provisions relating to lobbyist registration; to create provisions relating to a lobbyist being eligible for certain appointments; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for restrictions on activities for persons who were a member, employee, or appointee of the legislative, executive, or judicial branch or other agencies or authorities of the state; to provide for penalties; to provide for restrictions on the Governors appointment power under certain circumstances; to provide 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. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, is amended in Code Section 21-5-3, relating to definitions, by inserting a new paragraph (13.1) and by striking paragraph (14) and inserting a new paragraph (14) to read as follows:
"(13.1) 'Ordinary and necessary expenses' shall include, but is not limited to, reasonable expenditures made during the reporting period for office costs and rent, lodging, equipment, travel, advertising, postage, staff salaries, consultants, files storage, polling, special events, volunteers, reimbursements to volunteers, contributions to nonprofit organizations, and flowers for special occasions, which shall include, but are not limited to, birthdays and funerals, and any other expenditure that is deemed appropriate for the purposes of Code Section 21-5-33. (14) 'Person' means an individual, partnership, committee, association, corporation, limited liability corporation, limited liability partnership, trust, labor organization, or any other organization or group of persons."

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SECTION 2. Said chapter is further amended by striking subsections (a) and (b) of Code Section 21-54, relating to the State Ethics Commission, and inserting in their respective places the following:
"(a) Those members serving on the State Campaign and Financial Disclosure Commission prior to March 1, 1987, shall serve for a term of office which expires March 1, 1987. (b) There is created the State Ethics Commission, with such duties and powers as are set forth in this chapter. The commission shall be a successor to the State Campaign and Financial Disclosure Commission in all matters pending before the State Campaign and Financial Disclosure Commission on March 1, 1987, and may continue to investigate, prosecute, and act upon all such matters. The commission shall be governed by five members appointed as follows: three members, not more than two of whom shall be from the same political party, shall be appointed by the Governor, two for terms of three years and one for a term of two years; one member shall be appointed by the Lieutenant Governor for a term of four years; and one member shall be appointed by the Speaker of the House of Representatives for a term of four years. The initial members shall take office on March 2, 1987. Upon the expiration of a members term of office, a new member, appointed in the same manner as the member whose term of office expired as provided in this subsection, shall become a member of the commission and shall serve for a term of four years and until such members successor is duly appointed and qualified. If a vacancy occurs in the membership of the commission, a new member shall be appointed to the unexpired term of office by the state official who appointed the vacating member. Members of the commission shall not serve for more than one complete term of office; provided, however, that the members of the State Campaign and Financial Disclosure Commission serving on March 1, 1987, shall be eligible for appointment as initial members of the State Ethics Commission. (a) The State Ethics Commission shall have the duties and powers as are set forth in this chapter. The commission is governed by five members. Each commission member shall serve a term of four years and until such members successor is duly appointed and qualified. If a vacancy occurs in the membership of the commission, a new member shall be appointed to the unexpired term of office by the state official or entity who appointed the vacating member as set forth in subsection (b) of this Code section. Those members serving on the commission on the effective date of this subsection shall continue to serve on the commission until the expiration of their terms of office which shall be on November 30 of the particular year of the expiration of their term so that all members terms shall expire on the same day of the year. (b) After the effective date of this subsection, the commission members shall be appointed as follows: the successor to the member who was appointed by the Lieutenant Governor, whose term shall expire November 30, 2005, shall be appointed by the Lieutenant Governor; the successor to the member who was appointed by the Speaker of the House of Representatives, whose term shall expire on November 30, 2003, shall be appointed by the Speaker of the House of Representatives; the successors

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to two of the members who were appointed by the Governor, both of whose terms shall expire on November 30, 2006, shall be appointed by the Governor, with one member being from a different political party as the term is defined by paragraph (25) of Code Section 21-2-2; the successor to the other member who was appointed by the Governor, whose term shall expire November 30, 2004, shall be appointed by the Secretary of State."
SECTION 3. Said chapter is further amended by striking Code Section 21-5-5, relating to operating expenses, and inserting in its place the following:
"21-5-5. The funds necessary to carry out this chapter shall come from the funds appropriated to and available to the State Ethics Commission and from any other available funds. The commission shall be a budget unit as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act'; provided, however, the commission shall be assigned for administrative purposes only to the Secretary of State."
SECTION 4. Said chapter is amended further by striking paragraph (13) of subsection (b) and subsection (c) of Code Section 21-5-6, relating to the powers and duties of the State Ethics Commission, and inserting in their respective places the following:
"(13) To issue, upon request, and publish upon receipt of a written request based on real or hypothetical circumstances, including but not limited to the issue of whether campaign contributions may be used for a specific purpose, advisory opinions on the requirements of this chapter, based on a real or hypothetical set of circumstances within 30 days of receipt of each such request for an advisory opinion. No opinion shall include the name of the person who is seeking the opinion. The opinion expressed shall only apply prospectively to the subject matter;" "(c) The Secretary of State, through the Secretary of States office, shall perform the ministerial functions which the commission may require. The office of the Secretary of State shall be designated as the place where members of the public may file papers or correspond with the commission and receive any form or instruction from the commission. The Secretary of State or the Secretary of States designee shall serve as secretary to the commission."
SECTION 5. Said chapter is further amended by striking Code Section 21-5-7, relating to initiation of complaints, and inserting in lieu thereof the following:
"21-5-7. (a) The commission shall not initiate any investigation or inquiry into any matter under its jurisdiction based upon the complaint of any person unless that person shall reduce the same in writing and verify the same under oath to the best information, knowledge, and belief of such person, the falsification of which shall be punishable as false

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swearing under Code Section 16-10-71. The person against whom any complaint is made shall be furnished by hand delivery or statutory overnight delivery or mailed by certified mail, return receipt requested, a copy of the complaint by the commission immediately upon the commissions receipt of such complaint and prior to any other public dissemination of such complaint. Nothing in this Code section, however, shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter. (b) The commission shall adopt rules which shall provide that:
(1) Upon the commissions receipt of a complaint, a determination shall be made as to whether the complaint relates to an alleged technical defect in a filing. For this purpose, a technical defect shall be a defect such as a failure to include a date or an incorrect date, a failure to include a contributors occupation or an incorrect occupation, a failure to include an address or an incorrect address, or any other similar technical defect as specified by rule of the commission; (2) When the commission determines that a complaint relates to a technical defect in a filing, the subject of the complaint shall be given a period of ten days to correct the alleged technical defect. During such ten-day period the complaint shall be considered as received by the commission but not yet filed with the commission. If during such ten-day period the alleged technical violation is cured by an amended filing or otherwise, or if during such ten-day period the subject of the complaint demonstrates that there is no technical violation as alleged, the complaint shall be disposed of without filing or further proceedings and no penalty shall be imposed."
SECTION 6. Said chapter is further amended by inserting a new Code section after Code Section 21-57, relating to initiation of complaints, to read as follows:
"21-5-7.1. The commission shall adopt rules which shall provide that:
(1) Upon the commissions receipt of a complaint, a determination shall be made as to whether the complaint relates to an alleged technical defect in a filing. For this purpose, a technical defect shall be a defect such as a failure to include a date or an incorrect date, a failure to include a contributors occupation or an incorrect occupation, a failure to include an address or an incorrect address, or any other similar technical defect as specified by rule of the commission; (2) When the commission determines that a complaint relates to a technical defect in a filing, the subject of the complaint shall be issued a notice of an alleged technical defect by certified mail, return receipt requested, and shall be given a period of 30 calendar days from the receipt of the notice to correct the alleged technical defect. During the 30 day period the complaint shall be considered as received by the commission but not yet filed with the commission and shall not be considered a violation of this chapter. If during the 30 day period the alleged technical violation is cured by an amended filing or otherwise or if during the 30 day period the subject of

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the complaint demonstrates that there is no technical violation as alleged, the complaint shall be disposed of without filing or further proceedings and no penalty shall be imposed. If the subject of the complaint fails to respond to the notice of an alleged technical defect, make an amended filing, or demonstrate that there is no technical violation as alleged by the thirty-first day, the commission shall impose and collect an administrative fee not to exceed $50.00 per technical defect. If the subject of the complaint does not pay the administrative fee, if any, and does not otherwise also comply with this paragraph by the sixtieth day from the receipt of the notice of an alleged technical defect, the commission shall conduct further investigation and the complaint may proceed further in accordance with the provisions of this chapter."
SECTION 7. Said chapter is further amended by striking subsections (b) and (g) of Code Section 21-530, relating to campaign contributions, and inserting in their respective places the following:
"(b) Each candidate shall maintain records and file reports as required by this chapter or shall have a campaign committee for the purposes of maintaining records and filing reports as required by this chapter. Every campaign committee shall have a chairperson and a treasurer, except that the candidate may serve as the chairperson and treasurer. Before a campaign committee accepts contributions, the name and address of the chairperson and treasurer shall be filed with the Secretary of State commission. When a candidate has been elected to public office, the registration of that candidates campaign committee with the Secretary of State commission shall remain in effect so long as the candidate remains in office until and unless: (1) the registration is canceled by the campaign committee or the candidate; or (2) a new campaign committee for that candidate is registered with the Secretary of State commission. The same person may serve as chairperson and treasurer. No contributions shall be accepted by or on behalf of the campaign committee at a time when there is a vacancy in the office of chairperson or treasurer of the campaign committee." "(g) Neither a candidate who is not a public officer nor his or her campaign committee may lawfully accept a campaign contribution until the candidate has filed with the Secretary of State commission or appropriate local filing officer a declaration of intention to accept campaign contributions which shall include the name and address of the candidate and the names and addresses of his or her campaign committee officers, if any."
SECTION 8. Said chapter is further amended by striking subsections (a), (e), (f), (g), and (h) of Code Section 21-5-34, relating to disclosure reports, and inserting in their respective places the following:
"(a)(1)(A) The candidate or the chairperson or treasurer of each campaign committee organized to bring about the nomination or election of a candidate for any office except county and municipal offices or the General Assembly and the

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chairperson or treasurer of every campaign committee designed to bring about the recall of a public officer or to oppose the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitutional amendment or state-wide referendum shall sign and file with the Secretary of State commission the required campaign contribution disclosure reports. A candidate for membership in the General Assembly or the chairperson or treasurer of such candidates campaign committee shall file such candidates reports with the Secretary of State commission and a copy thereof with the election superintendent of the county of such candidates residence. (B) The chairperson or treasurer of each independent committee as defined in Code Section 21-5-3 shall file the required disclosure reports with the Secretary of State commission. (2)(A) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election shall file a campaign contribution disclosure report as prescribed by this chapter; provided, however, that such report shall only be required if such campaign committee has received contributions which total more than $500.00 or if such campaign committee has made expenditures which total more than $500.00. All advertising pertaining to referendums must identify the principal officer of such campaign committee by listing or stating the name and title of the principal officer. (B) If a campaign committee is required to file a report under subparagraph (A) of this paragraph, such report shall be filed with the election superintendent of the county in the case of a county election or with the municipal clerk in the case of a municipal election. Any such report shall be filed 15 days prior to the date of the election; and a final report shall be filed prior to December 31 of the year in which the election is held. (3) A candidate for county office or the chairperson or treasurer of such candidates campaign committee shall sign and file the required campaign contribution disclosure reports with the election superintendent in the respective county of election. (4) A candidate for municipal office or such candidates campaign committee shall file the reports with the municipal clerk in the respective municipality of election or, if there is no clerk, with the chief executive officer of the municipality." "(e) Any person who makes contributions to, accepts contributions for, or makes expenditures on behalf of candidates, and any independent committee, shall file a registration with the Secretary of State commission in the same manner as is required of campaign committees prior to accepting or making contributions or expenditures. Such persons, other than independent committees, shall also file campaign contribution disclosure reports in the same places and at the same times as required of the candidates they are supporting. The following persons shall be exempt from the foregoing registration and reporting requirements: (1) Individuals making aggregate contributions of $25,000.00 or less directly to candidates or the candidates campaign committees in one calendar year; and

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(2) Persons other than individuals making aggregate contributions and expenditures to or on behalf of candidates of $5,000.00 or less in one calendar year. (f)(1) Any independent committee which accepts contributions or makes expenditures for the purpose of affecting the outcome of an election or advocates the election or defeat of any candidate shall file disclosure reports with the Secretary of State commission as follows: (A) on the first day of each of the two calendar months preceding any such election; (B) two weeks prior to the date of such election; and (C) within the two-week period prior to the date of such election the independent committee shall report within 48 hours any contributions or expenditure of more than $1,000.00. The independent committee shall file a final report prior to December 31 of the year in which the election is held and shall file supplemental reports on June 30 and December 31 of each year that such independent committee continues to accept contributions or make expenditures. (2) Reports filed by independent committees shall list the following:
(A) The amount and date of receipt, along with the name, mailing address, occupation, and employer of any person making a contribution of $101.00 or more; (B) The name, mailing address, occupation, and employer of any person to whom an expenditure or provision of goods or services of the value of $101.00 or more is made and the amount, date, and general purpose thereof, including the name of the candidate or candidates, if any, on behalf of whom, or in support of or in opposition to whom, the expenditure or provision was made; (C) Total expenditures made as follows:
(i) Expenditures shall be reported for the applicable reporting year; (ii) The first report of a reporting year shall list the total expenditures made during the period covered by the report; and (iii) Subsequent reports shall list the total expenditures made during the period covered by the report, the cumulative total of expenditures made during the reporting year, and net balance on hand; (D) The corporate, labor union, or other affiliation of any political action committee, candidate, campaign committee, or independent committee making a contribution of the value of $101.00 or more. (3) Whenever any independent committee makes an expenditure for the purpose of financing any communication intended to affect the outcome of an election, such communication shall clearly state that it has been financed by such independent committee. (g) Any campaign committee which accepts contributions or makes expenditures designed to bring about the recall of a public officer or to oppose the recall of a public officer shall file campaign contribution disclosure reports with the Secretary of State commission as follows: (1) An initial report shall be filed within 15 days after the date when the official recall petition forms were issued to the sponsors; (2) A second report shall be filed 45 days after the filing of the initial report; (3) A third report shall be filed within 20 days after the election superintendent

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certifies legal sufficiency or insufficiency of a recall petition; (4) A final report shall be filed prior to December 31 of the year in which the recall election is held or, in any case where such recall election is not held, a final report shall be filed prior to December 31 of any year in which such campaign committee accepts such contributions or makes such expenditures; and (5) In the case of state officials or county officials, a copy of each of the reports shall also be filed with the election superintendent in the county of residence of the official sought to be recalled. In the case of municipal officials, a copy of the reports shall also be filed with the municipal clerk in the municipality of residence of the official sought to be recalled or, if there is no clerk, with the chief executive officer of the municipality. Each filing officer shall forward a copy of the reporting forms required by this Code section to each candidate or public officer holding elective office required to file such report within a reasonable time prior to each filing. (h) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of a proposed constitutional amendment or a state-wide referendum shall file a campaign contribution disclosure report with the Secretary of State commission 75, 45, and 15 days prior to the date of the election and shall file a final report prior to December 31 of the year in which the election is held."
SECTION 9. Said chapter is further amended by striking subsections (a), (b), and (d) of Code Section 21-5-34.1, relating to electronic filing of certain reports, and inserting their respective places the following:
"(a) Beginning February 1, 2001, candidates Candidates seeking election to constitutional offices, the Supreme Court, the Court of Appeals, and the Public Service Commission shall use electronic means to file their campaign contribution disclosure reports with the Secretary of State commission upon having raised or spent a minimum of $20,000.00 in an election cycle. Under that threshold, electronic filing is permitted and encouraged but not required. (b) Beginning January 1, 2003, candidates Candidates seeking election to the General Assembly, superior courts, and the office of district attorney shall use electronic means to file their campaign contribution disclosure reports with the Secretary of State commission, as specified in Code Section 21-5-34, 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." "(d) Beginning January 1, 2003, political Political action committees, independent committees, and any persons otherwise required by this article to file campaign contribution disclosure reports shall use electronic means to file such reports with the Secretary of State commission upon having raised or spent $5,000.00 in a calendar

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year. Under that threshold, electronic filing is permitted and encouraged but not required."
SECTION 10. Said chapter is further amended by striking subsections (a) and (b) of Code Section 21-541, relating to the maximum allowable contribution, and inserting in their respective places the following and by inserting a new subsection to read as follows:
"(a) No person, corporation, political action committee, candidate, campaign committee, or political party shall make, and no candidate or campaign committee shall receive from any such entity, contributions to any candidate for state-wide elected office which in the aggregate for an election cycle exceed:
(1) Two Five thousand dollars for a primary election; (2) One Three thousand dollars for a primary run-off election; (3) Three Five thousand dollars for a general election; and (4) Two Three thousand dollars for a general election runoff. (b) No person, corporation, political action committee, candidate, campaign committee, or political party shall make, and no candidate or campaign committee shall receive from any such entity, contributions to any candidate for the General Assembly or public office other than state-wide elected office which in the aggregate for an election cycle exceed: (1) Two thousand dollars for a primary election; (2) One thousand dollars for a primary run-off election; (3) Two thousand dollars for a general election; and (4) One thousand dollars for a general election runoff. (b.1) No candidate, campaign committee, or political action committee shall make contributions to any state or local political party in excess of $5,000.00 per calendar year."
SECTION 11. Said chapter is further amended by striking Code Section 21-5-50, relating to filing of financial disclosure statements, and inserting in its place the following:
"21-5-50. (a)(1) Except as modified in subsection (c) of this Code section with respect to candidates for state-wide elected public office, each public officer, as defined in subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, shall file with the Secretary of State commission not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year; and each person who qualifies as a candidate for election as a public officer, as defined in subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, shall file with the Secretary of State commission, no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year.

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(2) Each public officer, as defined in subparagraph (F) of paragraph (15) of Code Section 21-5-3, shall file with the election superintendent of the county of election of such public officer, not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election as a public officer, as defined in subparagraph (F) of paragraph (15) of Code Section 21-5-3, shall file with the election superintendent of the county of election, no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year. (3) Each public officer, as defined in subparagraph (G) of paragraph (15) of Code Section 21-5-3, shall file with the municipal clerk of the municipality of election or, if there is no clerk, with the chief executive officer of such municipality, not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election as a public officer, as defined in subparagraph (G) of paragraph (15) of Code Section 21-5-3, shall file with the municipal clerk of the municipality of election or, if there is no clerk, with the chief executive officer of such municipality, no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year. (4) The filing officer shall review each financial disclosure statement to determine that such statement is in compliance with the requirements of this chapter. (5) A public officer shall not, however, be required to file such a financial disclosure statement for the preceding calendar year in a year in which there occurs qualifying for election to succeed such public officer, if such public officer does not qualify for nomination for election to succeed himself or herself or for election to any other public office subject to this chapter. For purposes of this subsection, a public officer shall not be deemed to hold office in a year in which the public officer holds office for less than 15 days. (b) A financial disclosure statement shall be in the form specified by the commission and shall identify: (1) Each monetary fee or honorarium of $101.00 or less which is accepted by a public officer from speaking engagements, participation in seminars, discussion panels, or other activities which directly relate to the official duties of the public officer or the office of the public officer, with a statement identifying the fee or honorarium accepted and the person from whom it was accepted; (2) All fiduciary positions held by the candidate for public office or the public officer, with a statement of the title of each such position, the name and address of the business entity, and the principal activity of the business entity; (3) The name, address, and principal activity of any business entity and the office held by and the duties of the candidate for public office or public officer within such business entity as of December 31 of the covered year in which such candidate or

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officer has a direct ownership interest which interest: (A) Is more than 10 percent of the total interests in such business; or (B) Has a net fair market value of more than $20,000.00;
(4) Each tract of real property in which the candidate for public office or public officer has a direct ownership interest as of December 31 of the covered year when that interest has a net fair market value in excess of $20,000.00. As used in this paragraph, the term 'net fair market' value means the appraised value of the property for ad valorem tax purposes less any indebtedness thereon. The disclosure shall contain the county and state and general location therein where the property is located; (5) All annual payments in excess of $20,000.00 received by the public officer or any business entity identified in paragraph (3) of this subsection from the state, any agency, department, commission, or authority created by the state, and authorized and exempted from disclosure under Code Section 45-10-25, and the agency, department, commission, or authority making the payments, and the general nature of the consideration rendered for the source of the payments; and (6) No form prescribed by the commission shall require more information or specify more than provided in the several paragraphs of this Code section with respect to what is required to be disclosed. (c)(1) Each person who qualifies with a political party as a candidate for party nomination to a public office elected state wide (including an incumbent public officer elected state wide qualifying to succeed himself or herself) shall file with the Secretary of State commission, not later than seven days after so qualifying, a financial disclosure statement. Each person who qualifies as a candidate for election to a public office elected state wide through a nomination petition or convention shall likewise file a financial disclosure statement not later than seven days after filing his notice of candidacy. Such financial disclosure statement shall comply with the requirements of subsections (a) and (b) of this Code section and shall in addition identify, for the preceding five calendar years:
(A) Each transaction or transactions which aggregate $9,000.00 or more in a calendar year in which the candidate (whether for himself or herself or on behalf of any business) or any business in which such candidate or any member of his family has a substantial interest or is an officer of such business has transacted business with the government of the State of Georgia, the government of any political subdivision of the State of Georgia, or any agency of any such government; and (B) Each transaction or transactions which aggregate $9,000.00 or more in a calendar year in which the candidate or any business in which such candidate or any member of his family has a substantial interest or is an officer of such business received any income of any nature from any person who was at the time of such receipt of income represented by a lobbyist registered with the commission pursuant to Article 4 of this chapter. (2) The financial disclosure statement required by paragraph (1) of this subsection shall include an itemized list of the transactions required to be reported, including the

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date of, dollar amount of, and parties to each such transaction. However, with respect to any transactions of a privileged nature only the total amount of such transactions shall be required to be reported, and names, dates, amounts of individual transactions, and other identifying data may be omitted; and for this purpose 'transactions of a privileged nature' shall include transactions between attorney and client, transactions between psychiatrist and patient, transactions between physician and patient, and any other transactions which are by law of a similar privileged and confidential nature. (3) The financial disclosure statement required by paragraph (1) of this subsection shall be accompanied by a financial statement of the candidates financial affairs for the calendar year prior to the year in which the election is held and the first quarter of the calendar year in which the election is held.
(4)(A) As used in this subsection, the term: (i) 'Agency' means any agency, authority, department, board, bureau, commission, committee, office, or instrumentality of the State of Georgia or any political subdivision of the State of Georgia. (ii) 'Financial statement' means a statement of a candidates financial affairs in a form substantially equivalent to the short form financial statement required for bank directors under the rules of the Department of Banking and Finance. (iii) 'Substantial interest' means the direct or indirect ownership of 10 percent or more of the assets or stock of any business.
(B) As used in this subsection, the term: (i) 'Member of the family' includes the candidates spouse and dependent children; and (ii) 'Person' and 'transact business' shall have the meanings specified in Code Section 45-10-20.
(5) It shall be the duty of the commission or any other officer or body which receives for filing any disclosure report or statement or other document required to be filed under this chapter to maintain with the filed document a copy of the postal markings or statutory overnight delivery service markings of any envelope, package, or wrapping in which the document was delivered for filing if mailed or sent after the date such filing was due. (5)(6) Notwithstanding any other provisions of this subsection, if, due to a special election or otherwise, a person does not qualify as a candidate for nomination or election to public office until after the filing date otherwise applicable, such person shall make the filings required by this subsection within seven days after so qualifying."
SECTION 12. Said chapter is further amended by striking paragraphs (6) and (7) of Code Section 21-570, relating to definitions applicable to Article 4 of said chapter, and inserting in their place new paragraphs (6), (7), (8), and (9) to read as follows:
"(6) 'Lobbyist' means: (A) Any natural person who, for compensation, either individually or as an

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employee of another person, undertakes to promote or oppose the passage of any legislation by the General Assembly, or any committee thereof, or the approval or veto of legislation by the Governor; (B) Any natural person who makes a total expenditure of more than $250.00 in a calendar year, not including the persons own travel, food, lodging expenses, or informational material to promote or oppose the passage of any legislation by the General Assembly, or any committee thereof, or the approval or veto of legislation by the Governor; (C) Any natural person who as an employee of the executive branch or judicial branch of state government engages in any activity covered under subparagraph (A) of this paragraph; (D) Any natural person who, for compensation, either individually or as an employee of another person, undertakes to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (15) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution; (E) Any natural person who makes a total expenditure of more than $250.00 in a calendar year, not including the persons own travel, food, lodging expenses, or informational material to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (15) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution; or (F) Any natural person who as an employee of the executive branch or judicial branch of local government engages in any activity covered under subparagraph (D) of this paragraph.; or (G) Any natural person who, for compensation, either individually or as an employee of another person undertakes to influence a public officer or public body in the selection of a vendor to supply any goods or services to any state agency but does not include a person solely on the basis that such person participates in preparing a written bid, written proposal, or other document relating to a potential sale to a state agency. (7) 'Public officer' means those public officers specified under subparagraphs (A) through (G) of paragraph (15) of Code Section 21-5-3, as amended, except as otherwise provided in this article and also includes any public officer or employee who has any discretionary authority over, or is a member of a public body which has any discretionary authority over, the selection of a vendor to supply any goods or services to any state agency. (8) 'State agency' means any branch of state government, agency, authority, department, board, bureau, commission, council, corporation, entity, or instrumentality of the state but does not include a local political subdivision, such as a county, city, or local school district or an instrumentality of such a local political subdivision. (9) 'Vendor' means any person who sells to or contracts with a state agency."

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SECTION 13. Said chapter is further amended by striking subsection (b) of Code Section 21-5-71, relating to lobbyist registration, identification cards, fees, and exemptions, and inserting in its place the following:
"(b) Each lobbyist shall file an application for registration with the commission. The application shall be verified by the applicant and shall contain:
(1) The applicants name, address, and telephone number; (2) The name, address, and telephone number of the person or agency that employs, appoints, or authorizes the applicant to lobby on its behalf; (3) A statement of the general business or purpose of each person, firm, corporation, association, or agency the applicant represents; (4) If the applicant represents a membership group other than an agency or corporation, the general purpose and approximate number of members of the organization; and (5) A statement signed by the person or agency employing, appointing, or authorizing the applicant to lobby on its behalf.21-5-73.; and (6) If the applicant is a lobbyist within the meaning of subparagraph (G) of paragraph (6) of Code Section 21-5-70, the name of the state agency before which the applicant engages in lobbying."
SECTION 14. Said chapter is further amended by striking Code Section 21-5-73, relating to lobbyist disclosure reports, and inserting in its place the following:
"21-5-73. (a) Each lobbyist registered under this article shall file disclosure reports as provided for in this Code section. (b) A person who is a lobbyist pursuant to subparagraph (A), (B), or (C) of paragraph (6) of Code Section 21-5-70 shall file a monthly disclosure report, current through the end of the preceding month, shall be filed on or before the fifth day of any month while the General Assembly is in session. (c) A person who is a lobbyist pursuant to subparagraph (D) or (E) of paragraph (6) of Code Section 21-5-70 shall: (1) file a disclosure report, current through the end of the preceding month, on or before the fifth day of May, September, and January of each year instead of the reports otherwise required by subsection (c) subsections (b) and (d) of this Code section and the first sentence of this subsection; and (2) file such report with the commission, file a copy of such report with the election superintendent of each county involved if the report contains any expenditures relating to county or county school district affairs, and file a copy of such report with the municipal clerk (or if there is no municipal clerk, with the chief executive officer of the municipality) of each municipality involved if the report contains any expenditures relating to municipal affairs or independent school district affairs. (c)(d) A person who is a lobbyist pursuant to subparagraph (A), (B), (C), (F), or (G) of paragraph (6) of Code Section 21-5-70 shall file a disclosure report, current through the

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end of the period ending on July 31 and December 31 of each year, shall be filed on or before August 5 and January 5 of each year. (d)(e) Reports filed by lobbyists shall be verified and shall include:
(1) A description of all expenditures, as defined in Code Section 21-5-70, or the value thereof made by the lobbyist, or employees of the lobbyist, or employer of the lobbyist on behalf or for the benefit of a public officer. The description of each reported expenditure shall include:
(A) The name and title of the public officer or, if the expenditure is simultaneously incurred for an identifiable group of public officers the individual identification of whom would be impractical, a general description of that identifiable group; (B) The amount, date, and description of the expenditure; (C) The provisions of Code Section 21-5-70 notwithstanding, aggregate expenditures described in divisions (1)(E)(vii) and (1)(E)(x) of Code Section 21-570 incurred during the reporting period; provided, however, expenses for travel and for food, beverage, and lodging in connection therewith afforded a public officer shall be reported in the same manner as under subparagraphs (A), (B), and (D) of this paragraph; and (D) If applicable, the number of the bill, resolution, ordinance, or regulation pending before the governmental entity in support of or opposition to which the expenditure was made; and (2) The names of any members of the immediate family of a public officer employed by or whose professional services are paid for by the lobbyist during the reporting period; and (3) For those who are lobbyists within the meaning of subparagraph (G) of paragraph (6) of Code Section 21-5-70, the name of any vendor or vendors for which the lobbyist undertook to influence the awarding of a contract or contracts by any state agency together with a description of the contract or contracts and the monetary amount of the contract or contracts. (f) The reports required by this article shall be in addition to any reports required under Code Section 45-1-6, relating to required reports by state vendors of gifts to public employees. Compliance with this Code section shall not excuse noncompliance with that Code section, and compliance with that Code section shall not excuse noncompliance with this Code section, notwithstanding the fact that in some cases the same information may be required to be disclosed under both Code sections."
SECTION 15. Said chapter is further amended by adding a new Code section to the end of the chapter to read as follows:
"21-5-74. A lobbyist shall not be eligible for legislative or executive appointment to any board, commission, or bureau created and established by the laws of this state which regulates the activities of a business, firm, corporation, or agency that the lobbyist represented until one year after the expiration of the lobbyists registration."

MONDAY, APRIL 7, 2003

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SECTION 16. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by adding a new part to the end of Article 2 of Chapter 10, relating to conflicts of interest, to read as follows:
"Part 5
45-10-80. Any person who was a member, employee, or appointee of the legislative, executive, or judicial branch or of any other agency or authority of the state shall not act as a lobbyist in this state as defined in paragraph (6) of Code Section 21-5-70, within one year after that person leaves his or her service with the state. A person who knowingly violates this Code section shall be fined in an amount of not less than $500.00."
SECTION 17. Said title is amended further by adding a new Code section at the end of Article 3 of Chapter 12, relating to appointments and vacancies, to be designated Code Section 45-1261, to read as follows:
"45-12-61. (a) As used in this Code section, the terms 'campaign committee,' 'contribution,' 'election,' 'election cycle,' and 'expenditure' shall have the meanings set forth in Code Section 21-5-3. (b) No person shall be eligible for appointment by the Governor to fill a vacancy on any board, commission, or bureau created and established by the laws of this state or on the Supreme Court, the Court of Appeals, the superior courts, or the state courts if such person has made a contribution to or expenditure on behalf of the Governor or the Governors campaign committee either: (1) for any election in the current election cycle, unless the person requests and is provided a refund of such contribution or reimbursement for such expenditure; or (2) for any election in the preceding election cycle, unless the person requests and is provided a refund of such contribution or reimbursement for such expenditure."
SECTION 18. This Act shall become effective on October 1, 2003, and apply to all reports due on or after that date.
SECTION 19. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

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Representative Porter of the 119th et al. move to amend the Committee substitute to HB 771 by striking lines 27 through 32 of page 18 and lines 1 through 5 of page 19 and inserting in lieu thereof the following:
"(a) As used in this Code section, the terms "campaign committee," "contribution," and "expenditure" shall have the meanings set forth in Code Section 21-5-3. (b) No person shall be eligible for appointment by the Governor to fill a vacancy on any board, commission, or bureau created and established by the laws of this state or on the Supreme Court, the Court of Appeals, the superior courts, or the state courts if such person has made a contribution to or expenditure on behalf of the Governor or the Governors campaign committee either:
(1) In the 60 day period preceding the vacancy, unless the person requests and is provided a refund of such contribution or reimbursement for such expenditure; or (2) On or after the date the vacancy occurs and during the period of time that the vacancy is unfilled and awaiting an appointment, unless the person requests and is provided a refund of such contribution or reimbursement for such expenditure.'"

An amendment offered by Representative Ehrhart of the 28th was withdrawn.

The Porter 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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins

Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley
Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham

Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R

Y Bridges Y Brock Y Brooks Y Broome Y Brown
Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas
Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

MONDAY, APRIL 7, 2003

Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster E Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper E Harrell Y Heard, J Y Heard, K Y Heath
Heckstall Y Hembree Y Henson Y Hill, C

Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell
McBee Y McCall Y McClinton Y Millar Y Mills Y Mitchell

Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon Y Sholar

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Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y Twiggs Y Walker, L Y Walker, R.L Y Warren
Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Mangham of the 62nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

By unanimous consent, all remaining Bills on the Calendar were postponed until the next legislative day.
By unanimous consent, HB 580 having been previously postponed, was again postponed until the next legislative day.
The following Resolution of the House was read and adopted:
HR 679. By Representatives Mangham of the 62nd, Stanley-Turner of the 43rd, Post 2, Walker of the 71st, Post 1, Mills of the 67th, Post 2, Sailor of the 61st, Post 1 and others:

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A RESOLUTION commending the contributions of members of the clergy in Georgia and recognizing Clergy Day at the Georgia State Capitol; and for other purposes.

Representative Skipper of the 116th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.